Regulation (EC) No 1921/2006 of the European Parliament and of the Council of 18 December 2006 on the submission of statistical data on landings of fishery products in Member States and repealing Council Regulation (EEC) No 1382/91 (Text with EEA relevance)

Article 1

Definitions

For the purposes of this Regulation, the following definitions shall apply:

1) ‘Community fishing vessels’ means fishing vessels flying the flag of a Member State and registered in the Community;

2) ‘EFTA fishing vessels’ means fishing vessels flying the flag of, or registered in, an EFTA country;

3) ‘Unit value’ means: (a) the value at first sale of the fishery products landed (in national currency) divided by the quantity landed (in tonnes), or (b) for fishery products not immediately sold, the average price per tonne in national currency, estimated using an appropriate method.

Article 2

Obligations of the Member States

For the purposes of this Regulation, the following fishery products shall be deemed to be landed on the territory of the reporting Member State:

(a) products landed by fishing vessels or other parts of the fishing fleet in national ports within the Community;

(b) products landed by fishing vessels of the reporting Member State in non-Community ports and covered by the T2M form contained in Annex 43 to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (⁵).

Article 3

Compilation of statistical data

Article 4

Statistical data

The statistical data shall relate to the total quantities and unit values of the fishery products landed in the reference calendar year.

The variables for which statistical data need to be submitted, their definitions and the relevant nomenclatures are given in Annexes II, III and IV.

Article 5

Submission of statistical data

Member States shall submit the statistical data to the Commission on an annual basis in accordance with the format specified in Annex I and using the codes set out in Annexes II, III and IV.

The statistical data shall be submitted within six months of the end of the reference calendar year.

Article 6

Methodology

Article 7

Transitional periods

Transitional periods for the implementation of this Regulation lasting not more than three years from the date of its entry into force may be granted to Member States in accordance with the procedure referred to in Article 11(2).

Article 8

Derogations

Article 9

Technical amendments to the Annexes

The Commission shall be empowered to adopt delegated acts, in accordance with Article 10a, concerning technical amendments to the Annexes. Those delegated acts shall not change the optional nature of the required information or impose a significant additional burden on Member States or on the respondents.

The Commission shall duly justify the statistical actions provided for in those delegated acts, using, where appropriate, input from relevant experts based on a cost-effectiveness analysis, including an assessment of the burden on the respondents and of the production costs, as referred to in point (c) of Article 14(3) of Regulation (EC) No 223/2009 of the European Parliament and of the Council (⁶).

Article 10

Assessment

The Commission shall, by 19 January 2010 and every three years thereafter, submit an assessment report to the European Parliament and the Council on the statistical data compiled pursuant to this Regulation and in particular on their relevance and quality. The report shall also analyse the cost-effectiveness of the system used for the collection and processing of statistical data and shall put forward best practices for reducing the workload for Member States and enhancing the usefulness and quality of the statistical data.

Article 10a

Exercise of the delegation

Article 11

Committee procedure

Article 12

Repeal

Regulation (EEC) No 1382/91 is hereby repealed.

Article 13

Entry into force

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

Statistical data file format

The statistical data are to be submitted in a file in which each record includes the fields indicated below. These fields are to be separated by a comma (‘,’).

Quantities of less than 50 kg landed weight are to be recorded as ‘0,0’.

ANNEX II

ANNEX III

Part A

List

Part B

Notes

1.Fillets: strips of flesh cut parallel to the backbone of the fish and consisting of the right or left side of the fish, provided that the head, viscera, fins (dorsal, anal, caudal, ventral, pectoral) and bones (vertebrae or large backbone, ventral or costal, bronchial or stirrup bones, etc.) have been removed and the two sides are not connected, for example by the back or stomach.

2.Whole fish: ungutted fish.

3.Cleaned: squid where the arms, head and internal organs have been removed from the body.

4.Frozen fish: fish that have been subjected to freezing in a manner to preserve the inherent quality of the fish by reducing the average temperature to -18 °C or lower and which are then kept at a temperature of -18 °C or lower.

5.Fresh fish: fish that have not been preserved, cured, frozen or otherwise treated other than chilled. They are generally presented whole or gutted.

6.Salted fish: fish often in gutted and headed form, preserved in salt or brine.

ANNEX IV

Part A

List

Part B

Notes

1.Human consumption: all fishery products which are sold at first sale for human consumption or which are landed under contract or other agreement for human consumption. Excluded are quantities intended for human consumption but which, at the time of first sale, are withdrawn from the market for human consumption owing to market conditions or hygiene regulations or for similar reasons.

2.Industrial uses: all fishery products specifically landed for reduction to meal and oil for consumption by animals, and quantities which, although originally intended for human consumption, are not sold for that purpose at first sale.

3.Withdrawn from the market: the quantities which originally were intended for human consumption but which, at the time of first sale, are withdrawn from the market owing to market conditions or hygiene regulations or for similar reasons.

4.Bait: quantities of fresh fish which are intended to be used as bait in other fishing activities. An example is the bait used in tuna pole and line fisheries.

5.Animal feed: the quantities of fresh fish intended to be fed direct to animals. Excluded are quantities intended for processing to fish meal and oil.

6.Waste: fish or parts thereof which due to their state are to be destroyed prior to landing.

7.Intended use unknown: quantities of fish which cannot be assigned to any of the above categories.