Commission Implementing Regulation (EU) 2022/44 of 13 January 2022 laying down rules for the application of Regulation (EU) 2021/1139 of the European Parliament and of the Council as regards the criteria for establishing the level of financial corrections and for applying flat-rates linked to serious non-compliance with Common Fisheries Policy rules

This Regulation sets out the criteria for establishing levels of financial correction to be applied in cases of serious non-compliance with the CFP rules and the criteria for applying flat-rates, as referred to in Article 45 of Regulation (EU) 2021/1139.

The levels of financial correction referred to in Article 45(1)(b) of Regulation (EU) 2021/1139 shall be established on the basis of the following criteria: (a) the significance of the potential harm to marine biological resources resulting from non-compliance with the CFP rules; (b) the frequency of non-compliance; (c) the duration of non-compliance; (d) the remedial actions taken by the Member State in question.

1 The flat-rates of the financial correction referred to in Article 45(3) of Regulation (EU) 2021/1139 shall be 2 %, 5 %, 10 %, 25 %, 50 % or 100 % of the Union contribution allocated to the relevant EMFAF specific objectives, or to the relevant part thereof, in the operational programme of the Member State concerned.

2 The range within which flat-rates are to be applied in individual cases of non-compliance with the CFP rules is set out in the Annex. The rate to be used will be determined in accordance with the criteria set out in Article 2.

3 Where, pursuant to Article 45(1)(b) of Regulation (EU) 2021/1139, the Commission adopts an implementing act making financial corrections under the same EMFAF specific objective for several cases of serious non-compliance as identified in accordance with Article 43(4) of the same Regulation, the flat-rates shall not be cumulated, but the financial correction shall be set within the highest range applicable to those cases as set out in the Annex.

4 Where the Commission applies a financial correction for non-compliance with the CFP rules and the Member State does not take the appropriate remedial action, the flat-rate may be raised to the next higher level within the range applicable to that case of non-compliance with the CFP rules as established in the Annex.

5 In addition to the cases explicitly provided for in the Annex, a flat-rate of 100 % of the Union contribution allocated to the relevant EMFAF specific objectives or to the relevant part thereof within the operational programme of the Member State concerned may be applied if (a) the non-compliance with the rules of the CFP is so fundamental, frequent or widespread that it represents a complete failure of the system concerned and compromises the legality of actions of the Member State or the regularity of the financing of the CFP; or (b) there is evidence of deliberate negligence from the Member State with regard to adopting measures aiming at remedying the non-compliance with the rules of the CFP.

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.