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1. To implement the compensation for additional costs incurred by operators in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions, as referred to in Article 24, each Member State concerned shall determine, in line with the criteria laid down in accordance with paragraph 6 of this Article, for each outermost region, the list of fishery and aquaculture products and the quantity of those products eligible for compensation.

2. When establishing the lists and the quantities referred to in paragraph 1, Member States shall take into account all relevant factors, in particular the need to ensure that the compensation is compatible with the rules of the CFP.

3. The compensation shall not be granted for fishery and aquaculture products:

(a) caught by third country vessels, with the exception of fishing vessels which fly the flag of Venezuela and operate in Union waters, in accordance with Council Decision (EU) 2015/1565 ;

(b) caught by Union fishing vessels that are not registered in a port of one of the outermost regions;

(c) imported from third countries.

4. Point (b) of paragraph 3 shall not apply if the existing capacity of the processing industry in the outermost region concerned exceeds the quantity of raw material supplied.

5. The compensation paid to the beneficiaries carrying out the activities referred to in paragraph 1 in the outermost regions or owning a vessel registered in a port of one of those regions and operating there shall, in order to avoid overcompensation, take into account:

(a) for each fishery or aquaculture product or category of products, the additional costs resulting from the specific handicaps of the regions concerned; and (b) any other type of public intervention affecting the level of additional costs.

6. The Commission is empowered to adopt delegated acts, in accordance with Article 62, supplementing this Regulation by laying down the criteria for the calculation of the additional costs resulting from the specific handicaps of the regions concerned.