Guidelines for State aid in the fishery and aquaculture sector

SUMMARY OF:

Commission guidelines for State aid in the fishery and aquaculture sector

WHAT IS THE AIM OF THE GUIDELINES?

They set out the conditions under which State aid granted by European Union (EU) Member States to support the fishery and aquaculture sector may be considered compatible with the EU single market.
The guidelines are part of a package of revised rules for the agricultural, forestry and fishery and aquaculture sectors. Concerning the fishery and aquaculture sector, the new rules aim to align State aid with the EU strategic priorities, in particular with the common fisheries policy, the European Maritime Fisheries and Aquaculture Fund and the European Green Deal (see summary).

KEY POINTS

Compatibility assessment

The guidelines set out criteria for identifying where State aid may be compatible with EU rules, specifically:

aid that facilitates the economic development in the fishery and aquaculture sector, but does not adversely affect trading conditions to an extent contrary to the common interest – Article 107(3)(c) of the Treaty on the Functioning of the European Union (TFEU);
aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment – Article 107(3)(a) of the TFEU;
aid to make good the damage caused by natural disasters or exceptional occurrences – Article 107(2)(b) of the TFEU.

Regulation (EU) 2021/1139 setting up the European Maritime, Fisheries and Aquaculture Fund exempts certain payments made by Member States pursuant to that regulation from State aid control.

Scope

The guidelines apply to:

all aid granted to the fishery and aquaculture sector – this includes the components of regional aid that relate to the fishery and aquaculture sector;
aid schemes and individual aid;
all companies regardless of size.

The guidelines exclude companies in difficulties unless an exception applies.

Measures going beyond block exemptions

Aid of the same kind as that falling within a category set out in Commission Regulation (EU) 2022/2473 (the fishery block exemption regulation (FIBER)) or in Commission Regulation (EU) No 651/2014 (the general block exemption regulation (GBER)).
Aid that does not fulfil all the criteria set out in the regulation is assessed on a case-by-case basis.

Notification

Member States are required to inform the European Commission of any plans to grant new aid, with certain exceptions:

aid complying with the fishery block exemption regulation;
targeted aid complying with all the conditions of the general block exemption regulation, including:
- training aid,
- aid for small and medium-sized enterprises’ (SME) access to finance,
- aid in the field of research and development,
- innovation aid for SMEs,
- aid for disadvantaged workers and workers with disabilities,
- regional investment aid in outermost regions, and
- aid involved in financial products supported by the InvestEU Fund;
de minimis aid (small amounts of State aid) complying with Regulation (EU) No 717/2014 as amended by Commission Regulation (EU) 2023/2391 (see summary).

Revised guidelines

The revised guidelines set out the compatibility assessment rules in detail and list the categories of aid to be assessed. They include some significant changes:

broader rules targeting animal diseases in aquaculture – allowing aid to be granted for emerging diseases and for tackling invasive species;
new categories of aid, such as aid for fleet and cessation measures and aid for investments in safety equipment for fishing vessels in the EU’s outermost regions.

Procedural rules

The Commission will only authorise aid schemes of a limited duration. Aid schemes must in principle not apply for more than 7 years.
Schemes with a State aid budget or accounted expenditure over €150 million in any given year or €750 million over their total duration must carry out an ex post evaluation.
Member States must maintain detailed records of all aid measures and provide annual reports to the Commission.

FROM WHEN DO THE GUIDELINES APPLY?

The guidelines have applied since 1 April 2023.

BACKGROUND

For further information, see:

State aid: Commission adopts new rules for agriculture, forestry and fishery and aquaculture sectors (European Commission).

MAIN DOCUMENT

Communication from the Commission Guidelines for State aid in the fishery and aquaculture sector (OJ C 107, 23.3.2023, pp. 1–48).