Commission Regulation (EC) No 1010/2009 of 22 October 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing

TITLE I

INSPECTIONS OF THIRD COUNTRY FISHING VESSELS IN MEMBER STATES PORTS

CHAPTER I

Conditions for access to port by third country fishing vessels

Article 1

Prior notification

By way of derogation from Article 6(1) of Regulation (EC) No 1005/2008, vessels landing the types of fishery products set out in Annex I to this Regulation shall be subject to a prior notification period of 4 hours.

Article 2

Prior notification form

The form for prior notification referred to in Article 6(1) of Regulation (EC) No 1005/2008 is set out in Annex II to this Regulation.

Article 3

Procedures and forms for pre-landing and pre-transhipment declarations

Unless otherwise provided for in the agreement referred to in paragraph 3, a third country fishing vessel shall submit the pre-landing or pre-transhipment declaration either in:

(a) the official language of the Member State of landing or transhipment; or

(b) English if accepted by the Member State of landing or transhipment.

CHAPTER II

Port inspections

Article 4

Benchmarks for port inspection

The benchmarks for port inspections as referred to in Article 9(1) of Regulation (EC) No 1005/2008 shall consist of the following criteria:

(a) the species concerned are subject to an inspection scheme or quotas established by regional fisheries management organisations;

(b) the fishing vessel has not been inspected at an EU port in the last 6 months;

(c) inconsistencies between the catches and the known fishing activities of a flag State in particular in respect of species, volumes or characteristics of its fishing fleet;

(d) failure to comply with Article 6 of Regulation (EC) No 1005/2008 on prior notice; inconsistencies between catch data declared by the operator and other information available to the competent authority;

(e) vessel owner or operator suspected of being or having been involved in IUU fishing activities;

(f) vessel having recently changed its name, flag or registration number;

(g) vessel currently flagged or flagged in the last 5 years to a State notified by the European Commission of the possibility of being identified as non-cooperating third country in accordance with Article 31 of the Regulation (EC) No 1005/2008;

(h) vessel flagged to a State not notified in accordance with Article 20 of Regulation (EC) No 1005/2008;

(i) information available on possible irregularities in the validation of catch certificates by a given flag State;

(j) presumed deficiencies in the control system of a flag State;

(k) operators concerned have been involved in illegal activities constituting a potential risk in respect of IUU fishing;

(l) the fishing vessel has been denied entry or use of port in accordance with relevant international, regional and/or national legislation including fishing vessels eventually allowed entry or access to port due to force majeure or distress according to Article 4(2) of Regulation (EC) No 1005/2008.

Article 5

Reporting on the application of benchmarks

TITLE II

CATCH CERTIFICATION SCHEME FOR IMPORTATION AND EXPORTATION OF FISHERY PRODUCTS

CHAPTER I

Catch certificates

Article 6

Simplified catch certificate

This Article shall apply to third country fishing vessels:

(a) with an overall length of less than 12 metres without towed gear; or

(b) with an overall length of less than 8 metres with towed gear; or

(c) without a superstructure; or

(d) of less than measured 20 GT.

Article 6a

Catch

In accordance with Article 12a(2) of Regulation (EC) No 1005/2008, the importer, the re-exporter and, where relevant, the exporter, shall submit through CATCH the following documents, as applicable, and the information contained therein to the competent authority of the Member State in which the fishery products are intended to be released into free circulation, or in case of re-exports to the competent authority of the Member State from which they are to take place, or in case of exports to the competent authority of the flag Member State:

(a) catch certificate in conformity with Article 12 of Regulation (EC) No 1005/2008 and the template established on Annex II to that Regulation;

(b) simplified catch certificate in conformity with Article 6 and the template established in Annex IV to this Regulation;

(c) re-export certificate as established in Article 21 of Regulation (EC) No 1005/2008 and included in Annex II to Regulation (EC) No 1005/2008 or in Annex IV to this Regulation;

(d) transport details included in the Appendix to Annex II to Regulation (EC) No 1005/2008;

(e) statement referred to in Article 14(2) of Regulation (EC) No 1005/2008 established by the processing plant in a third country and endorsed by the competent authority of that third country in accordance with the form set out in Annex IV to Regulation (EC) No 1005/2008;

(f) single transport document referred to in Article 14(1) of Regulation (EC) No 1005/2008 or non-manipulation document according to the template established in the Delegated Regulation (EC) 2025/453;

(g) any supporting documents or information relevant under the catch certification scheme related to the fishery products.

On receipt of an application, the Commission may grant the competent authority and operators of a third country partial access to the functionalities of CATCH and to specific data relevant to that third country for producing and validating the catch certificates and related documents in CATCH, provided the applicant demonstrates that it meets the following requirements:

(a) it has the legal and operational capacity to provide, without undue delay, the assistance necessary to allow the good functioning of CATCH; and

(b) it has designated a contact point for that purpose.

The partial access referred to in this paragraph shall not include access to personal data processed in CATCH, except where the conditions for lawful transfers of personal data established by Regulations (EU) 2016/679 and (EU) 2018/1725 are fulfilled by the applicant third country.

Article 7

Recognised catch documentation schemes in RFMOs

The catch documentation schemes adopted by regional fisheries management organisations listed in Annex V to this Regulation shall be recognised for the purposes of Article 13(1) of Regulation (EC) No 1005/2008 as complying with the requirements of that Regulation without additional conditions.

Article 8

Deadline for the submission of catch certificates

By way of derogation from Article 16(1) of Regulation (EC) No 1005/2008, the submission of catch certificates for imports of fishery products in consignments by means of transportation referred to in Annex VI to this Regulation shall be subject to the shorter deadlines set out in that Annex.

CHAPTER II

Approved economic operators

Section 1

Conditions for granting the approved economic operator certificate

Article 9

General provisions

Economic operators may, following an application, be granted a certificate of approved economic operator (hereinafter referred to as APEO certificate) for the purposes of Article 16 of Regulation (EC) No 1005/2008 only if they:

(a) hold an authorised economic operator certificate (hereinafter referred to as AEO certificate) in accordance with Commission Regulation (EEC) No 2454/93 (²) (hereinafter referred to as the Implementing Rules of the Community Customs Code); and

(b) fulfil the criteria laid down in Article 16(3)(a) to (g) of Regulation (EC) No 1005/2008 and detailed in Articles 10 to 13 of this Regulation.

Article 10

Sufficient import

Article 11

Record of compliance

The record of compliance with the requirements of conservation and management measures referred to in Article 16(3)(c) of Regulation (EC) No 1005/2008 shall be considered as appropriate if, over the last three years preceding the submission of the application, the applicant:

(a) has not committed a serious infringement of the rules of the common fisheries policy;

(b) has not committed repeated infringements of the rules of the common fisheries policy;

(c) has not directly or indirectly participated in or supported activities of vessels or operators engaged in IUU fishing or which are currently subject to investigation in that respect; and

(d) has not directly or indirectly participated in or supported activities of vessels included in IUU vessel lists adopted by a RFMO.

Notwithstanding paragraph 1, the record of compliance with the requirements of conservation and management measures may be considered as appropriate if the competent Member State authority considers an infringement committed by the applicant:

(a) not to be serious; and

(b) of negligible quantitative importance in relation to the number or size of the import-related operations carried out by the applicant.

Article 12

Management of records

The system of managing catch certificates and, where appropriate, processing records, as referred to in Article 16(3)(d) of Regulation (EC) No 1005/2008, shall be considered satisfactory if the information contained in the catch certificates and related documents as referred to in Article 14 of Regulation (EC) No 1005/2008 is registered in CATCH.

Article 13

Facilities

The applicant’s facilities, as referred to in Article 16(3)(e) of Regulation (EC) No 1005/2008, shall be considered appropriate if they:

(a) prevent unauthorised access to storage areas, shipping areas, loading docks and cargo areas;

(b) ensure the handling of fishery products including protection against tampering with cargo units;

(c) ensure the handling of import and/or export licenses connected to prohibitions and restrictions and to distinguish fishery products subject to catch certificates from fishery products not subject to catch certificates.

Section 2

Application for an APEO certificate

Article 14

Submission of the application

Article 15

Inadmissibility of applications

The application referred to in Article 14 shall be inadmissible in the following cases:

(a) where the application does not comply with Article 14; or

(b) where the application is submitted within three years after the withdrawal of the APEO certificate referred to in points (a), (b) and (d) of Article 27(1).

Section 3

Procedure for issuing APEO certificates

Article 16

Examination of application

In cases where the applicant has previously been granted the status of approved economic operator in another Member State, the issuing authority shall examine whether the following criteria are met:

(a) the criteria set out in Articles 12 and 13;

(b) optionally, the criteria set out in Articles 10 and 11.

Article 17

Consultation of other Member States

Article 18

Issuing of an APEO certificate

Article 19

Rejection of an application

Section 4

Status of approved economic operator

Article 20

Verifications

Section 5

Legal effects of APEO certificates

Article 21

General provisions

A reassessment of the compliance with the criteria referred to in Articles 9 to 13 shall be carried out by the issuing authority in the following cases:

(a) major changes to the relevant Community legislation;

(b) reasonable indication that the relevant criteria are no longer met by the approved economic operator.

Article 22

Suspension of the status of an approved economic operator

The status of approved economic operator shall be suspended by the issuing authority in the following cases:

(a) where non-compliance with the criteria laid down in Articles 9 to 13 has been detected;

(b) where the competent Member State authorities have sufficient reason to believe that an act has been perpetrated by the approved economic operator, which gives rise to legal proceedings and is linked to an infringement of the rules of the common fisheries policy or of Regulation (EC) No 1005/2008;

(c) where the status of the authorised economic operator has been suspended in accordance with the Implementing Rules of the Community Customs Code;

(d) where the suspension is requested by the approved economic operator which is temporarily unable to meet any of the criteria laid down in Articles 9 to 13.

Article 23

Suspension in the case of non-compliance with relevant criteria

Article 24

Suspension in case of legal proceedings

Article 25

Suspension related to the status of authorised economic operator

In the case referred to in point (c) of Article 22(1), the issuing authority shall suspend the status of the approved economic operator until the suspension of the status of authorised economic operator has been withdrawn. It shall notify the approved economic operator thereof. It shall also notify the competent authorities of the other Member States.

Article 26

Suspension upon request

Article 27

Withdrawal of the APEO certificate

The APEO certificate shall be withdrawn in the following cases:

(a) where the approved economic operator fails to take the necessary measures to comply with the criteria laid down in Articles 9 to 13 in accordance with Article 23(3);

(b) where it has been established that a serious infringement or repeated infringements related to the rules of the common fisheries policy or of Regulation (EC) No 1005/2008 have been committed by the approved economic operator and there is no further right of appeal;

(c) where the approved economic operator fails to take the necessary measures to comply with the criteria laid down in Articles 9 to 13 in accordance with Article 26;

(d) where the status of authorised economic operator, granted in accordance with the Implementing Rules of the Community Customs Code, has been withdrawn;

(e) upon request of the approved economic operator.

Section 6

Information exchange

Article 28

Information requests

Article 29

Sharing of information on approved economic operators

The Commission and the competent authorities in all Member States shall store for a period of three years or longer in accordance with national rules, and have access to the following information:

(a) the electronically transmitted data of the applications;

(b) the APEO certificates, and where applicable, their amendment or withdrawal of those certificates, or the suspension of the status of approved economic operator.

Article 30

Reporting obligations and evaluation

CHAPTER III

Checks and verifications

Article 31

Union criteria for verifications

In accordance with Article 17(3) of Regulation (EC) No 1005/2008, Member States shall focus verifications towards risks identified on the basis of the following Union criteria:

(a) alerts triggered in CATCH;

(b) information shared by Mutual Assistance messages in accordance with Article 51 of Regulation (EC) No 1005/2008 and Title IV of this Regulation;

(c) products obtained from species subject to quota under a regional fisheries management organisation;

(d) country notified of the possibility of being identified as non-cooperating third country in accordance with Article 32 of Regulation (EC) No 1005/2008;

(e) vessel, vessel owner or operator suspected of being or having been involved in IUU fishing activities;

(f) vessel, vessel owner or operator having been involved in illegal activities other than IUU fishing but constituting a potential risk in respect of IUU fishing;

(g) vessel having recently changed its name, flag or registration number;

(h) fishery products obtained from species of high commercial value;

(i) introduction of new kinds of fishery products, new product presentations, or new trade patterns;

(j) inconsistencies between the trade patterns and the known fishing activities of a flag State in particular in respect of species, volumes or characteristics of its fishing fleet;

(k) inconsistencies between the trade patterns and the known fishing-related activities of a third country in particular in respect of the characteristics of its processing industry or its trade in fishery products;

(l) trade patterns not justified in terms of economic rationality or logic;

(m) significant and sudden increase in trade volume for a certain species;

(n) catch certificate submitted in relation to several consignments;

(o) generation, validation and submission of paper-based catch certificates or endorsement of paper-based processing statements;

(p) inconsistencies between data submitted in CATCH by the operator and data contained in the paper-based catch certificates, or any other related paper-based documents, or any other relevant information available to the competent authority;

(q) use of box 6 of the catch certificate as laid down in Annex II of Regulation (EC) No 1005/2008;

(r) use of box 7 of the catch certificate as laid down in Annex II of Regulation (EC) No 1005/2008 in case of transhipments;

(s) submission of catch certificates accompanied by multiple transport details as foreseen in the Appendix to Annex II of Regulation (EC) No 1005/2008 and/or documents foreseen under Article 14(1) of the same Regulation;

(t) product from a new flag State or from a new exporting State;

(u) newly established operator.

Article 32

Reporting obligations and evaluation

In their reports, Member States shall include the following information:

(a) checks carried out in accordance with Article 16(1) of Regulation (EC) No 1005/2008;

(b) number and nature of additional risk indicators introduced by Member States in CATCH at national level;

(c) number of alerts triggered in CATCH per risk indicator;

(d) risks identified based on the application of the Union criteria referred to in Article 31 of this Regulation and of additional national criteria if notified to the Commission in accordance with Article 17(3) of Regulation (EC) No 1005/2008;

(e) outcomes of the verification activities carried out to address identified risks in accordance with Article 17(3) of Regulation (EC) No 1005/2008;

(f) verifications carried out in accordance with Article 17(4) of Regulation (EC) No 1005/2008;

(g) verifications carried out at random in accordance with Article 17(5) of Regulation (EC) No 1005/2008.

CHAPTER IV

Cooperation with third countries

TITLE III

SIGHTINGS