Charlie McConalogue (Donegal, Fianna Fail)
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1225. To ask the Minister for Agriculture, Food and the Marine the state aid rules in operation under the Common Fisheries Policy. [36685/17]

Michael Creed (Cork North West, Fine Gael)
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In considering whether proposed aid to the fisheries and aquaculture sector is compliant with the Treaty on the Functioning of the European Union, my Department has regard to a number of EU legal instruments that are particular to the sector.

Regulation 508/2014 on the European Maritime and Fisheries Fund (EMFF) provides the legal basis for most State interventions in the seafood sector through my Department's €240 millon EMFF Operational Programme 2014-20. Under Article 8 of the EMFF Regulation, aid provided through the Operational Programme and in compliance with the rules and conditions of the EMFF is exempt from State Aid notification requirements, with two exceptions. Aid provided by Fisheries Local Action Groups (FLAGs) under the Programme for activities not covered by the EMFF, i.e. not for seafood activities, are not covered by the exemption.  Also, aid for measures under the Integrated Maritime Policy are not covered.  

The Fisheries Deminimis Regulation (717/2014) exempts from State Aid notification aid provided to seafood enterprises, provided that all aid provided to those beneficiaries under the Fisheries Deminimis Regulation does not exceed €30,000 over a 3 fiscal year period.  A national cap on fisheries deminimis aid applies and this is €20.82 million for Ireland over a 3 fiscal year period.  There are some exclusions from the Fisheries Deminimis Regulation and these are listed in article 1 of the Regulation.  

The Fisheries Block Exemption Regulation (FIBER) (1388/2014) exempts from State Aid notification requirements aid to certain activities in the seafood sector.  Aid per beneficiary must not exceed €1 million per year and the eligible costs of any project aided may not exceed €2 million.  FIBER includes almost all measures eligible under the EMFF Regulation.  Notable exceptions are aid for temporary and permanent cessation of fishing activities and aid for measures under the Integrated Maritime Policy. Importantly, FIBER aid to these measures must be implemented in full compliance with the rules and conditions specified in the EMFF for such measures.  In addition to measures from the EMFF, FIBER also allows aid to make good the damage caused by natural disasters.  

Where the various State Aid instruments do not provide a clear legal basis for an intervention, a Member State may submit a State Aid notification to the Commission seeking State Aid approval.   The Commission Guidelines for Examination of State Aid in the Fisheries and Aquaculture Sector (2015/C 217/01) describes the factors that will be considered by the Commission in assessing a State Aid notification concerning aid to the seafood sector.