Toelichting bij COM(2025)559 - Conditions for the implementation of the Union support to the Common Fisheries Policy, to the European Ocean Pact and of the Union’s maritime and aquaculture policy as part of the National and Regional Partnership Fund set out in Regulation (EU) […] [NRP Fund] for the period from 2028 to 2034 - Hoofdinhoud
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| dossier | COM(2025)559 - Conditions for the implementation of the Union support to the Common Fisheries Policy, to the European Ocean Pact and of the ... |
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| bron | COM(2025)559  |
| datum | 16-07-2025 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
On 16 July 2025, the Commission adopted a proposal for the next multi-annual financial framework (‘MFF’) for the period 2028-2034. This includes support to the implementation of the Common Fisheries Policy, to the European Ocean Pact and to the Union’s maritime and aquaculture policy as part of the National and Regional Partnership Fund (the Fund).
Such funding is a key enabler for the generational renewal and energy transition of fisheries, sustainable aquaculture activities, and processing and marketing of fishery and aquaculture products, sustainable blue economy in coastal, island and inland areas, marine knowledge, skilling of blue economy related activities, the resilience of coastal communities and in particular of small-scale coastal fishing, the strengthening of international ocean governance and observation and enabling seas and ocean to be safe, secure, clean and sustainably managed.
The Fund will contribute to the implementation of the CFP as referred to in Article 43(2) TFEU, and Article 2 of the [CFP Regulation] as well as the activities laid down under the European Ocean Pact.
As a global ocean actor and the world's fifth largest producer of seafood, the Union has a strong responsibility to protect, conserve and sustainably use the oceans and their resources.
Inhoudsopgave
Moreover, safe and secure seas and oceans are essential for an efficient border control and for the global fight against maritime crime, thereby addressing citizens' security concerns.
• Consistency with existing policy provisions in the policy area
The CFP, the European Ocean Pact, maritime policy and aquaculture Regulation will be operating within the National and Regional Partnership Plan (NRP Plan) and its single rulebook. It will build upon the visibility and effectiveness of EMFAF, the European Maritime, Fisheries and Aquaculture Fund which has been helping to achieve sustainable fisheries and conserve marine biological resources. It also helps achieve the UN’s Sustainable Development Goal 14 (‘conserve and sustainably use the oceans, seas and marine resources’), to which the EU is committed. Therefore, while tightly connected to the NRP Plan, the CFP, Ocean Pact, maritime policy and aquaculture will maintain its independent legal base as set out in Article 43(2) of the Treaty on the Functioning of the European Union (TFEU).
Efficient and effective implementation of actions supported by the NRP Plan, including for the fisheries and ocean related activities, depends on good governance and partnership between all actors of the sector, while using effectively the support in guiding the energy transition of the sector in the coming years, and recognising the critical role of oceans and their ecosystems in providing services beyond the fisheries sector – where carbon sink functions should be well recognised and enhanced.
•Consistency with other Union policies
The CFP, Ocean Pact, maritime and aquaculture policies aim to improve synergies and coherence with other measures contributing in food security, preservation and restoration of biodiversity and aquatic ecosystems, and all dimensions of the Ocean under the National and Regional Partnership (NRP Plan), in particular within the framework of cohesion policy, agriculture policy support, as well as with the European Competitiveness Fund and the Global Europe Fund. The complementarities between the policies covered under this Regulation relate mostly to investments in the support to coastal communities, the support to skills, training, working conditions and attractivity of the sector.
This proposal is also consistent with the objectives of the Common Agricultural Policy when it comes to providing food and it is a vital contributor to the overarching food security ambitions, maintaining a well-functioning internal market for fisheries and aquaculture products and sustainability (Common Market Organisation, similar to agriculture). On rural development, synergies and overlap are possible when aquaculture activities are involved and/or coastal areas are concerned, but such support is still limited and more efforts are necessary to reinforce these synergies.
The proposal and its objectives are consistent with the Union's policies, especially environmental, climate, cohesion, agriculture, social, market and trade policies.
This proposal is consistent with the initiatives set out in the Ocean Pact as an integrated approach to funding and ocean-relevant policies that cover a broad range of elements: the conservation of marine biological resources as one of the five EU exclusive competences, the restoration of marine biodiversity, the management of and innovation in fisheries and sustainable aquaculture activities, the activities on implementing the CFP, ocean knowledge, maritime security, food security, developing and scaling-up a competitive and sustainable blue economy, including offshore and ocean energy, biotech and desalination, safeguarding underwater cultural heritage, supporting other blue economy sectors and industries to become climate neutral, deploy smart solutions, as well as support maritime spatial planning.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Articles 42, 43(2), 91(1), 100(2), 173(3), 175, 188, 192(1), 194(2), 195(2) and 349 of the Treaty on the Functioning of the European Union. In particular:
Articles 38 and 42(3) TFEU empowers the Union to define and implement a common agriculture policy (CAP) and common fisheries policy (CFP). Article 39 TFEU sets the objectives of the CAP, which include the increase of agricultural productivity, a fair standard of living for the agricultural community, stabilise markets, assure the availability of supplies and that these supplies reach consumers at reasonable prices. Article 42 TFEU enables the Union to determine the extent to which Union rules on competition and State aid apply to production and trade in agricultural products listed in Annex I to TFEU.
Article 175 TFEU lists the Structural Funds, which shall support the achievement of 2 economic, social and territorial cohesion – the European Agricultural Guidance and Guarantee Fund, Guidance Section; European Social Fund; European Regional Development Fund. Article 177 TFEU provides that “the European Parliament and the Council […] shall define the tasks, priority objectives and the organisation of the Structural Funds, which may involve grouping the Funds.”
• Subsidiarity (for non-exclusive competence)
The conservation of marine resources, being an EU exclusive competence, puts a responsibility on the Union in terms of policy making and financing. Provisions of the proposal are implemented within the frameworks of shared management, direct management and indirect management, in accordance with the Financial Regulation.
The CFP, Ocean Pact, maritime and aquaculture Regulation is underpinned by the subsidiarity principle. Under shared management, the Commission delegates strategic programming and implementation tasks to the EU Member States and regions. It also limits EU action to what is necessary to achieve its objectives as laid down in the Treaties. Shared management aims to ensure that decisions are taken as closely as possible to the citizen and that EU-level action is justified in light of the possibilities and specificities at national, regional or local level. Shared management brings Europe closer to its citizens and connects local needs with European objectives. Moreover, it increases ownership of EU objectives, as Member States and the Commission share decision-making power and responsibility.
• Proportionality
In accordance with the principle of proportionality, the proposed Regulation does not go beyond what is necessary to achieve the objectives mentioned under proposed Regulation (EU) […] for a National and Regional Partnership Fund.
The proposed provisions comply with the proportionality principle as they are appropriate, necessary and no other less restrictive measures are available to obtain the desired policy objectives.
The proposal aims at enhancing previous simplification efforts, by further unifying and consolidating rules.
• Choice of the instrument
Proposed instrument: Regulation of the European Parliament and of the Council to establish the conditions for the CFP, the European Ocean Pact, maritime policy and aquaculture. The future Fund should continue to be the main instrument to provide financing to support ambitious implementation and delivery under the CFP, continuing the drive for concrete delivery on the Union’s objectives, both within the EU and at international level. The CFP provides a cornerstone as one of the 5 exclusive policies of the Union: the combination of its regulatory framework, combined with support for transition, has proven to be effective in maintaining fish stocks or bringing them back to healthy levels – especially where progress has been slower - and promoting sustainable aquaculture. The conservation of marine resources, being an EU exclusive competence, puts a responsibility on the Union in terms of policy making and financing. This will require continued support to provide for the evidence base for conservation measures and management of fish stocks, data collection, and the provision of scientific advice and knowledge, and also to contribute to the implementation of the revised Control Regulation. With negative externalities and fluctuating environmental factors being the norm for the fisheries sector, it is especially important that the proper financial means are in place to support adaptation when needed, as well as provide a more strategic planning in terms of innovation and promoting the sustainability agenda for fisheries and aquaculture. This has to be properly steered and supported. Fisheries and aquaculture are an integral part of EU food production.
The EU Member States together possess the largest Exclusive Economic Zone in the world; we have an obligation and an opportunity to take the lead. We therefore need to promote our flagship ambitions and actions beyond Europe. That is why we need continued funding to finance the international cooperation: Sustainable Fisheries Partnership Agreements (SFPAs), and Regional Fisheries Management Organisations (RFMOs), creating the appropriate levers and enabling outcomes as well as promoting high global standards and advancing the EU agenda on ocean governance. The EU’s coastal communities are the most exposed and vulnerable to climate change, and so they need our support and guidance - coastal and social resilience are key (especially in terms of climate change mitigation/adaptation). Businesses operating in the blue economy, whether in the transport, energy, or tourism sectors have common needs.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
The preliminary results of the ex post evaluation of the EMFF Regulation (201407-201420) and the mid-term evaluation of the EMFAF Regulation (2021-2027) show that the previous EU funds targeting similar areas of support have positive impacts on the fisheries and aquaculture sectors, have contributed to the implementation of the Common Fisheries Policy, including the conservation of marine biological resources, especially through improvements to fisheries control and enforcement, as well as data collection. They have also made positive contributions the maritime policy, International Ocean Governance and the development of coastal communities and the sustainable blue economy.
• Stakeholder consultations
The Commission actively engaged with the stakeholders in the process of the initiative, notably through dedicated events and public consultation activities, as detailed in the corresponding chapter of the explanatory memorandum of the proposal for a Regulation (EU) […] for a National and Regional Partnership Fund.
• Collection and use of expertise
Information about the Commission’s use of external expertise is provided in the corresponding chapter of the explanatory memorandum of the proposal for a Regulation (EU) […] for a National and Regional Partnership Fund.
• Impact assessment
Information about the Commission’s Impact Assessment is provided in the corresponding chapter of the explanatory memorandum of the proposal for a Regulation (EU) […] for a National and Regional Partnership Fund.
• Regulatory fitness and simplification
The initiative is expected to contribute to a significant reduction of administrative burden and costs, as well as improved efficiency in the implementation of Union support, see also the corresponding chapter of the explanatory memorandum of the proposal for a Regulation (EU) […] for a National and Regional Partnership Fund.
• Fundamental rights
The Union support will be implemented in compliance with the Charter of Fundamental Rights of the European Union and the principle of the rule of law, as set out in Article 2(a) of Regulation (EU, Euratom) 2020/2092, see also the corresponding section in the explanatory memorandum of the proposal for a Regulation (EU) (NRP Regulation).
Alongside the Conditionality Regulation which will continue to apply to the whole of the EU budget, this Regulation includes strong safeguards to ensure that the funds are implemented in compliance with the Charter of Fundamental Rights of the European Union and the principles of the rule of law, as set out in Article 2(a) of Regulation (EU, Euratom) 2020/2092. The inclusion in the future Plans of reforms linked, inter alia, to recommendations from the Rule of Law Report is also expected to enhance the protection of fundamental rights and strengthen compliance with the Charter.
This initiative will also respect the principles of the United Nations Convention of Rights of persons with disabilities.
4. BUDGETARY IMPLICATIONS
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5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The Union support under this proposal will be implemented though shared management by the Member States and direct/indirect management by the Commission. The implementation of the Union support will be monitored through the performance framework applicable for the 2028-2034 multiannual financial framework, which is set out in the proposal for a Regulation (EU) […] [Performance framework]
• Explanatory documents (for directives)
The majority of delivery and implementation rules of support to the implementation of the Common Fisheries Policy, to the European Ocean Pact and to maritime and aquaculture policy as part of the National and Regional Partnership Fund are covered in Regulation (EU) [NRP Regulation].
• Detailed explanation of the specific provisions of the proposal
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