Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006

Current text a fecha 2024-10-11

Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006

TITLE I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation establishes a Union system for control, inspection and enforcement (hereinafter referred to as Union control system) to ensure compliance with the rules of the common fisheries policy.

Article 2

Scope

Article 2a

Application of the Union control system to certain segments of the fleet of Mayotte as an outermost region

By 30 September 2014, France shall establish a simplified and provisional scheme of control applicable to fishing vessels which are less than 10 metres in overall length and which operate from Mayotte. That scheme shall address the following issues:

(a) knowledge of fishing capacity;

(b) access to Mayotte waters;

(d) designation of the authorities responsible for the control activities;

(e) measures ensuring that any enforcement on vessels longer than 10 metres length is carried out on a non-discriminatory basis.

By 30 September 2020, France shall present to the Commission an action plan setting out the measures to be taken in order to ensure the full implementation of Regulation (EC) No 1224/2009 from 1 January 2022 concerning fishing vessels which are less than 10 metres in overall length and which operate from Mayotte. That action plan shall be the subject of a dialogue between France and the Commission. France shall take all necessary measures to implement that action plan.

Article 3

Relationship with international and national provisions

Article 4

Definitions

For the purposes of this Regulation, the definitions set out in Regulation (EC) No 2371/2002 shall apply. The following definitions shall also apply:

‘fishing activity’ means searching for fish, shooting, setting, towing, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fisheries products;

‘rules of the common fisheries policy’ means Union legislation on the conservation, management and exploitation of living aquatic resources, on aquaculture and on processing, transport and marketing of fisheries and aquaculture products;

‘control’ means monitoring and surveillance;

‘inspection’ means any check which is carried out by officials regarding compliance with the rules of the common fisheries policy and which is noted in an inspection report;

‘surveillance’ means the observation of fishing activities on the basis of sightings by inspection vessels or official aircrafts and technical detection and identification methods;

‘official’ means a person authorised by a national authority, the Commission or the Community Fisheries Control Agency to carry out an inspection;

‘ Union inspectors’ means officials of a Member State or of the Commission or the body designated by it, whose names are contained in the list established in accordance with Article 79;

‘control observer’ means a person authorised by a national authority to observe the implementation of the rules of the common fisheries policy;

‘fishing licence’ means an official document conferring on its holder the right, as determined by national rules, to use a certain fishing capacity for the commercial exploitation of living aquatic resources. It contains minimum requirements concerning the identification, technical characteristics and fitting out of a Union fishing vessel;

10.

‘fishing authorisation’ means a fishing authorisation issued in respect of a Union fishing vessel in addition to its fishing licence, entitling it to carry out specific fishing activities during a specified period, in a given area or for a given fishery under specific conditions;

11.

‘automatic identification system’ means an autonomous and continuous vessel identification and monitoring system which provides means for ships to electronically exchange with other nearby ships and authorities ashore ship data including identification, position, course and speed;

12.

‘vessel monitoring system data’ means data on the fishing vessel identification, geographical position, date, time, course and speed transmitted by satellite-tracking devices installed on board fishing vessels to the fisheries monitoring centre of the flag Member State;

13.

‘vessel detection system’ means a satellite based remote sensing technology which can identify vessels and detect their positions at sea;

14.

‘fishing restricted area’ means any marine area under the jurisdiction of a Member State which has been defined by the Council and where fishing activities are either limited or banned;

15.

‘fisheries monitoring centre’ means an operational centre established by a flag Member State and equipped with computer hardware and software enabling automatic data reception, processing and electronic data transmission;

16.

‘transhipment’ means the unloading of all or any fisheries or aquaculture products on board a vessel to another vessel;

17.

‘risk’ means the likelihood of an event that may occur and would constitute a violation of the rules of the common fisheries policy;

18.

‘risk management’ means the systematic identification of risks and the implementation of all measures necessary for limiting the occurrence of these risks. This includes activities such as collecting data and information, analysing and assessing risks, preparing and taking action, and regular monitoring and review of the process and its outcomes, based on international, Union and national sources and strategies;

19.

‘operator’ means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products;

20.

‘lot’ means a quantity of fisheries and aquaculture products of a given species of the same presentation and coming from the same relevant geographical area and the same fishing vessel, or group of fishing vessels, or the same aquaculture production unit;

21.

‘processing’ means the process by which the presentation was prepared. It includes filleting, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fish for market in any other manner;

22.

‘landing’ means the initial unloading of any quantity of fisheries products from on board a fishing vessel to land;

23.

‘retail’ means the handling and/or processing of products of living aquatic resources and their storage at the point of sale or delivery to the final consumer, and includes distribution;

24.

‘multiannual plans’ means recovery plans as referred to in Article 5 of Regulation (EC) No 2371/2002, management plans as referred to in Article 6 of Regulation (EC) No 2371/2002 as well as other Union provisions adopted on the basis of Article 37 of the Treaty and providing for specific management measures for particular fish stocks for several years;

25.

‘coastal State’ means the State in the waters under the sovereignty or jurisdiction or in the ports of which an activity takes place;

26.

‘enforcement’ means any actions taken to ensure compliance with the rules of the common fisheries policy;

27.

‘certified engine power’ means the maximum continuous engine power which can be obtained at the output flange of an engine according to the certificate issued by the Member State’s authorities or classification societies or other operators assigned by them;

28.

‘recreational fisheries’ means non-commercial fishing activities exploiting marine living aquatic resources for recreation, tourism or sport;

29.

‘relocation’ means fishing operations where the catch or part thereof is transferred or moved from shared fishing gear to a vessel or from a fishing vessel’s hold or its fishing gear to a keep net, container or cage outside the vessel in which the live catch is kept until landing;

30.

‘relevant geographical area’ means a sea area that is considered as a unit for the purposes of geographical classification in fisheries expressed by reference to a FAO sub-area, division or sub-division, or where applicable an ICES statistical rectangle, fishing effort zone, economic zone or area bounded by geographical coordinates;

31.

‘fishing vessel’ means any vessel equipped for commercial exploitation of living aquatic resources;

32.

‘fishing opportunity’ means a quantified legal entitlement to fish, expressed in terms of catches and/or fishing effort.

TITLE II

GENERAL PRINCIPLES

Article 5

General principles

TITLE III

GENERAL CONDITIONS FOR ACCESS TO WATEŘS AND RESOURCES

Article 6

Fishing licence

Article 7

Fishing authorisation

A Union fishing vessel operating in Union waters shall be authorised to carry out specific fishing activities only insofar as they are indicated in a valid fishing authorisation when the fisheries or fishing zones where the activities are authorised are subject to:

(a) a fishing effort regime;

(b) a multiannual plan;

(d) fishing for scientific purposes;

(e) other cases laid down in Union legislation.

Article 8

Marking of the fishing gear

Article 9

Vessel monitoring system

The vessel monitoring system shall allow the fisheries monitoring centre of the flag Member State referred to in Article 9a to poll the position of the fishing vessel through a satellite connection or, where possible, any other network. In the event that the device referred to in this paragraph is not within reach of a network, the vessel position data shall be recorded during that period of time and shall be transmitted automatically as soon as the vessel is in reach of such network. Connection with the network shall be re-established at the latest before entering a port or landing site.

A Member State may exempt Union fishing vessels of less than 15 metres’ length overall flying its flag from the requirement to be fitted with a vessel monitoring system if they:

(a) operate exclusively within the territorial seas of the flag Member State; or

(b) never spend more than 24 hours at sea from the time of departure to the return to port.

Article 9a

Fisheries monitoring centres

The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by adopting detailed rules on monitoring of fishing activities and fishing effort by the fisheries monitoring centres, in particular relating to:

(a) the monitoring of entry into and exit from specific areas;

(b) the monitoring and recording of fishing activities;

(c) the rules applicable in the event of a technical or communication failure or non-functioning of the vessel monitoring device;

(d) measures to be taken in the event of non-receipt of data concerning the position and movement of fishing vessels.

Article 10

Automatic identification systems

Article 11

Vessel detection system

Where Member States have clear evidence of a cost benefit in relation to the traditional control means in the detection of fishing vessels, they shall use a vessel detection system allowing them to match the positions derived by remotely sensed images sent to earth by satellites or other equivalent systems with the data received by vessel monitoring system or automatic identification system, in order to assess the presence of fishing vessels in the area. Member States shall ensure that their fisheries monitoring centres possess the technical capacity to use a vessel detection system.

Article 12

Transmission of data for surveillance operations

For the purposes of maritime safety and security, border control, protection of the marine environment and general law enforcement, data from the vessel monitoring system(s) and the vessel detection system collected in the framework of this Regulation shall be made available to the Commission, Union agencies and competent authorities of the Member States engaged in surveillance operations.

Article 13

New technologies

TITLE IV

CONTROL OF FISHERIES

CHAPTER I

Control of the use of fishing opportunities

Section 1

General provisions

Article 14

Completion and submission of the fishing logbook

The fishing logbook referred to in paragraph 1 shall contain in particular the following information:

(a) the external identification number and the name of the fishing vessel;

(b) the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken;

(d) the date of departure from and of arrival to port, and the duration of the fishing trip;

(e) the type of gear, mesh size and dimension;

(f) the estimated quantities of each species in kilograms live weight, or, where appropriate, the number of individuals, including the quantities or individuals below the applicable minimum conservation reference size, as a separate entry;

(g) the number of fishing operations.

For species retained on board the quantity of which does not exceed 100 kg of live-weight equivalent, the permitted margin of tolerance shall be 20 % per each species.

By way of derogation from paragraph 3, in the case of fisheries referred to in Article 15(1), point (a), first and third indents, of Regulation (EU) No 1380/2013 for species which are landed unsorted, and in the case of tropical tuna purse seine fisheries for species which are landed unsorted, the following margins of tolerance shall apply:

(a) in the case of landings in listed ports and subject to additional conditions concerning the landing and the weighing of catches in order to ensure accurate catch reporting: (i) for species representing 2 % or more in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % of the total quantity of all species recorded in the fishing logbook, per each species; (ii) for species that represent less than 2 % in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 200 kg or 0,5 % of the total quantity of all species recorded in the fishing logbook, per each species, whichever is greater. In addition to the provisions set out in points (i) and (ii), in any event, for the total quantity of all species, the permitted margin of tolerance in estimates recorded in the fishing logbook of the total quantity in kilograms of fish retained on board shall be 10 % of the total quantity of all species recorded in the fishing logbook. The conditions concerning landing and weighing shall include safeguards allowing for the accurate reporting of the catches, such as the involvement of accredited independent third parties or specific requirements for the sampling and weighing operations. Those conditions shall provide for the necessary control by, and cooperation with, the relevant competent authorities of the country concerned;

(b) in the case of landings other than those referred to in point (a): (i) for species representing 2 % or more in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % per each species; (ii) for species that represent less than 2 % in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 200 kg or 20 % per each species recorded in the fishing logbook, whichever is greater.

In fisheries subject to a Union regime of fishing effort, masters of Union fishing vessels shall record and account in their fishing logbooks for the time spent in an area as follows:

(a) with regard to towed gear: (i) entry into, and exit from the port located in that area; (ii) each entry into, and exit from maritime areas where specific rules on access to waters and resources apply; (iii) the catch retained on board by species in kilograms live weight at the time of exit from that area or before entry into a port located in that area;

(b) with regard to static gear: (i) entry into, and exit from the port located in that area; (ii) each entry into, and exit from maritime areas where specific rules on access to waters and resources apply; (iii) the date and time of setting or re-setting of the static gear in these areas; (iv) the date and time of the completion of fishing operations using the static gear; (v) the catch retained on board by species in kilograms live weight at the time of exit from that area or before entry into a port located in that area.

Masters of Union fishing vessels shall submit the fishing logbook information as soon as possible and not later than 48 hours after landing:

(a) to their flag Member State; and

(b) if the landing has taken place in a port of another Member State, to the competent authorities of the port Member State concerned.

Article 15

Electronic completion and transmission of fishing logbook data

Paragraph 1 shall apply:

(a) as from 1 January 2012 to Union fishing vessels of 12 metres’ length overall or more and less than 15 metres’ length overall;

(b) as from 1 July 2011 to Union fishing vessels of 15 metres’ length overall or more and less than 24 metres’ length overall; and

A Member State may exempt masters of Union fishing vessels of less than 15 metres’ length overall flying its flag from paragraph 1 if they:

(a) operate exclusively within the territorial seas of the flag Member State; or

(b) never spend more than 24 hours at sea from the time of departure to the return to port.

Article 15a

Electronic fishing logbook and other systems for vessels of less than 12 metres in length overall

For the purposes of Articles 14 and 15, for catching vessels of less than 12 metres in length overall Member States may use a system for fishing logbooks developed at national or Union level. If one or more Member States so request by 10 May 2024, the Commission shall develop such a system for catching vessels of less than 12 metres in length overall. If one or more Member States so request, the system developed by the Commission shall be such as to allow the operators concerned to also fulfil their obligations under Articles 9, 19a, 20, 21, 22, 23 and 24. A requesting Member State shall implement the system as developed by the Commission.

Article 16

Fishing vessels not subject to fishing logbook requirements

Article 17

Prior notification

Masters of Union fishing vessels of 12 metres’ length overall or more engaged in fisheries on stocks subject to a multiannual plan, which are under the obligation to record fishing logbook data electronically in accordance with Article 15, shall notify the competent authorities of their flag Member State at least four hours before the estimated time of arrival at port of the following information:

(a) the external identification number and the name of the fishing vessel;

(b) the name of the port of destination and the purposes of the call, such as landing, transhipment or access to services;

(d) the estimated date and time of arrival at port;

(e) the quantities of each species recorded in the fishing logbook, including those below the applicable minimum conservation reference size, as a separate entry;

(f) the quantities of each species to be landed or trans-shipped, including those below the applicable minimum conservation reference size, as a separate entry.

Article 18

Prior notification of landing in another Member State

Article 19

Authorisation to access to port

The competent authorities of the coastal Member State may deny access to port to fishing vessels if the information referred to in Articles 17 and 18 is not complete, except in cases of force majeure.

Article 20

Transhipment operations

Article 21

Completion and submission of the transhipment declaration

The transhipment declaration referred to in paragraph 1 shall contain at least the following information:

(a) the external identification number and the name of both the transhipping and the receiving fishing vessels;

(b) the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken;

(c) the estimated quantities of each species in kilograms in product weight, broken down by type of product presentation, or, where appropriate, the number of individuals, including the quantities or individuals below the applicable minimum conservation reference size, as a separate entry;

(d) the port of destination of the receiving fishing vessel;

(e) the designated port of transhipment.

The masters of both the transhipping and the receiving fishing vessel shall each submit a transhipment declaration, as soon as possible and not later than 48 hours after transhipment:

(a) to their flag Member State (s); and

(b) if the transhipment has taken place in a port of another Member State, to the competent authorities of the port Member State concerned.

Article 22

Electronic completion and transmission of transhipment declaration data

Paragraph 1 shall apply:

(a) as from 1 January 2012 to Union fishing vessels of 12 metres’ length overall or more and less than 15 metres’ length overall;

(b) as from 1 July 2011 to Union fishing vessels of 15 metres’ length overall or more and less than 24 metres’ length overall; and

A Member State may exempt masters of Union fishing vessels of less than 15 metres’ length overall flying its flag from paragraph 1 if they:

(a) operate exclusively within the territorial seas of the flag Member State; or

(b) never spend more than 24 hours at sea from the time of departure to the return to port.

Article 23

Completion and submission of the landing declaration

The landing declaration referred to in paragraph 1 shall contain at least the following information:

(a) the external identification number and the name of the fishing vessel;

(b) the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken;

(c) the quantities of each species in kilograms in product weight broken down by type of product presentation, or, where appropriate, the number of individuals, including the quantities or individuals below the applicable minimum conservation reference size, as a separate entry;

(d) the port of landing.

The master of a Union fishing vessel or his representative shall submit the landing declaration, as soon as possible and not later than 48 hours after the completion of the landing:

(a) to their flag Member State; and

(b) if the landing has taken place in a port of another Member State, to the competent authorities of the port Member State concerned.

Article 24

Electronic completion and transmission of landing declaration data

Paragraph 1 shall apply:

(a) as from 1 January 2012 to Union fishing vessels of 12 metres’ length overall or more and less than 15 metres’ length overall;

(b) as from 1 July 2011 to Union fishing vessels of 15 metres’ length overall or more and less than 24 metres’ length overall; and

A Member State may exempt masters of Union fishing vessels of less than 15 metres’ length overall flying its flag from paragraph 1 if they:

(a) operate exclusively within the territorial seas of the flag Member State; or

(b) never spend more than 24 hours at sea from the time of departure to the return to port.

Article 25

Vessels not subject to landing declaration requirements

Section 2

Control of fishing effort

Article 26

Monitoring of fishing effort

Article 27

Notification of fishing gear

Article 28

Fishing effort report

When the Council so decides for Union fishing vessels which are not equipped with a functioning vessel monitoring system as referred to in Article 9 or which do not transmit fishing logbook data electronically as referred to in Article 15 and which are subject to a fishing effort regime, the masters of these fishing vessels shall communicate by telex, fax, telephone message or e-mail duly recorded by the recipient or by radio via a radio station approved under Union rules the following information in the form of a fishing effort report to the competent authorities of his flag Member State and, where appropriate, to the coastal Member State immediately before each entry into and exit from a geographical area subject to that fishing effort regime:

(a) the name, external identification mark, radio call sign and name of the master of the fishing vessel;

(b) the geographical location of the fishing vessel to which the communication refers;

(d) the catch retained on board by species in kilograms live weight.

Article 29

Exemptions

Article 30

Exhaustion of fishing effort

Without prejudice to Articles 29 and 31, in a geographical area where fishing gears are subject to a fishing effort regime a fishing vessel carrying on board such fishing gear or gears shall remain in port or out of that geographical area for the remainder of a period in which such fishing effort regime applies if:

(a) it has exhausted the share of the maximum allowable fishing effort related to such geographical area and to such fishing gear or gears that has been assigned to it; or

(b) the maximum allowable fishing effort related to such geographical area and to such fishing gear or gears available to its flag Member State has been exhausted.

Without prejudice to Article 29, in a geographical area where a fishery is subject to a fishing effort regime, a fishing vessel shall not operate in that fishery in that area if:

(a) it has exhausted the share of the maximum allowable fishing effort related to that geographical area and to that fishery that has been assigned to it; or

(b) the maximum allowable fishing effort related to that geographical area and to that fishery available to its flag Member State has been exhausted.

Article 31

Fishing vessels excluded from the application of a fishing effort regime

This Section shall not apply to fishing vessels to the extent that they are exempted from the application of a fishing effort regime.

Article 32

Detailed rules

Detailed rules for the application of this Section may be adopted in accordance with the procedure referred to in Article 119.

Section 3

Recording and exchange of data by Member States

Article 33

Recording of catches and fishing effort

Without prejudice to specific rules laid down in Union legislation, before the 15th of each month, each flag Member State shall notify the Commission or the body designated by it, by computer transmission of the aggregated data:

(a) for the quantities of each stock or group of stocks subject to TACs or quotas landed during the preceding month, including those below the applicable minimum conservation reference size, as a separate entry; and

(b) for the fishing effort deployed during the preceding month for each fishing area subject to a fishing effort regime or, where appropriate, for each fishery subject to a fishing effort regime.

Article 34

Data on the exhaustion of fishing opportunities

A Member State shall inform the Commission, without delay, when it establishes that:

(a) the catches of a stock or group of stocks subject to a quota made by the fishing vessels flying its flag are deemed to have exhausted 80 % of that quota; or

(b) 80 % of the maximum fishing effort level related to a fishing gear or a fishery and to a geographical area and applicable to all or a group of the fishing vessels flying its flag is deemed to have been reached.

In such an eventuality, it shall provide the Commission, at the Commission’s request, with more detailed and more frequent information than provided for in Article 33.

Section 4

Closure of fisheries

Article 35

Closure of fisheries by Member States

Each Member States shall establish the date from which:

(a) the catches of a stock or group of stocks subject to a quota made by the fishing vessels flying its flag shall be deemed to have exhausted that quota;

(b) the maximum allowable fishing effort related to a fishing gear or a fishery and to a geographical area and applicable to all or a group of the fishing vessels flying its flag shall be deemed to have been reached.

Article 36

Closure of fisheries by the Commission

Article 37

Corrective measures

CHAPTER II

Control of fleet management

Section 1

Fishing capacity

Article 38

Fishing capacity

Member States shall be responsible for carrying out the necessary checks in order to ensure that the total capacity corresponding to the fishing licences issued by a Member State, in GT and in kW, shall at any moment not be higher than the maximum capacity levels for that Member State established in accordance with:

(a) Article 13 of Regulation (EC) No 2371/2002;

(b) Regulation (EC) No 639/2004;

(d) Regulation (EC) No 2104/2004.

Detailed rules for the application of this Article, and in particular regarding:

(a) registration of fishing vessels;

(b) verification of the engine power of fishing vessels;

(d) verification of the type, number and characteristics of the fishing gear;

may be adopted in accordance with the procedure referred to in Article 119.

Section 2

Engine power

Article 39

Monitoring of engine power

Article 40

Certification of engine power

Article 41

Verification of engine power

Member States shall undertake, following a risk analysis, data verification, established on a sampling plan based on the methodology adopted by the Commission in accordance with the procedure referred to in Article 119, of the consistency of engine power using all the information available to the administration concerning the technical characteristics of the vessel concerned. In particular they shall verify the information contained in:

(a) vessel monitoring system records;

(b) the fishing logbook;

(c) the Engine International Air Pollution Prevention (EIAPP) Certificate issued for the engine in accordance with Annex VI to the Marpol 73/78 Convention;

(d) class certificates issued by a recognised ship inspection and survey organisation within the meaning of Directive 94/57/EC;

(e) the sea trial certificate;

(f) the Community Fishing Fleet Register; and

(g) any other documents providing relevant information on vessel power or any related technical characteristics.

CHAPTER III

Control of multiannual plans

Article 42

Transhipment in port

Article 43

Designated ports

For a port or place close to the shore to be determined as a designated port, the following conditions shall be met:

(a) established landing or transhipment times;

(b) established landing or transhipment places;

Article 44

Separate stowage of demersal catches subject to multiannual plans

Article 45

Real time use of quotas

Article 46

National control action programmes

CHAPTER IV

Control of technical measures

Section 1

Use of fishing gear

Article 47

Fishing gear

In fisheries in which it is not allowed to use more than one type of gear, any other gear shall be lashed and stowed so that it may not readily be used, in accordance with the following conditions:

(a) nets, weights and similar gear shall be disconnected from their trawl boards and towing and hauling wires and ropes;

(b) nets which are on or above deck shall be securely lashed and stowed;

Article 48

Retrieval of lost gear

If the lost gear cannot be retrieved, the master of the vessel shall inform the competent authority of its flag Member State, which shall then inform the competent authority of the coastal Member State, within 24 hours of the following:

(a) the external identification number and the name of the fishing vessel;

(b) the type of lost gear;

(d) the position where the gear was lost;

(e) the measures undertaken to retrieve the gear.

A Member State may exempt Union fishing vessels of less than 12 metres’ length overall flying its flag from the requirement set out in paragraph 1 if they:

(a) operate exclusively within the territorial seas of the flag Member State; or

(b) never spend more than 24 hours at sea from the time of departure to the return to port.

Article 49

Catch composition

Article 49a

Separate stowage of catches below the minimum conservation reference sizes

Paragraph 1 shall not apply:

(a) where the catches contain more than 80 % of one or more small pelagic or industrial species as listed in point (a) of Article 15(1) of Regulation (EU) No 1380/2013;

(b) to fishing vessels of less than 12 metres' length overall where catches below the minimum conservation reference size have been sorted, estimated and recorded in accordance with Article 14 of this Regulation.

Article 49b

De minimis rule

Member States shall ensure that catches falling under the de minimis exemption referred to in point (c) of Article 15(5) of Regulation (EU) No 1380/2013 do not exceed the percentage of the exemption established in the relevant Union measure.

Article 49c

Landing of catches below the minimum conservation reference sizes

Where catches below the applicable minimum conservation reference size are landed, those catches shall be stored separately and be treated in such a way that they are distinguished from fishery products destined for direct human consumption. Member States shall control compliance with that obligation in accordance with Article 5.

Section 2

Control of fishing restricted areas

Article 50

Control of fishing restricted areas

Union and third-country catching vessels that are not authorised to conduct fishing activities in fishing restricted areas may only transit through such areas subject to the following conditions:

(a) all fishing gear carried on board is lashed and stowed during the transit;

(b) the transit is continuous and expeditious and the speed during transit is not less than six knots, except in cases of force majeure. In such cases, the master of a Union catching vessel shall immediately inform the fisheries monitoring centre of its flag Member State, which shall inform the competent authorities of the coastal Member State, and the master of a third-country catching vessel shall immediately inform the competent authorities of the coastal Member State; and

Section 4

On-board processing and pelagic fisheries

Article 54a

On-board processing

Paragraph 1 shall not apply to:

(a) the processing or transhipment of offal; or

(b) the production on board a fishing vessel of surimi.

CHAPTER V

Control of recreational fisheries

Article 55

Recreational fisheries

Coastal Member States may use an electronic system referred to in the second subparagraph developed at national or Union level. If one or more coastal Member States so request by 10 May 2024, the Commission shall develop such a system. A requesting Member State shall implement the system as developed by the Commission.

TITLE V

CONTROL OF MARKETING

CHAPTER I

General provisions

Article 56

Principles for the control of marketing

Article 57

Common marketing standards

Article 58

Traceability

The minimum labelling and information requirements for all lots of fisheries and aquaculture products shall include:

(a) the identification number of each lot;

(b) the external identification number and name of the fishing vessel or the name of the aquaculture production unit;

(d) the date of catches or the date of production;

(e) the quantities of each species in kilograms expressed in net weight or, where appropriate, the number of individuals;

(ea) in cases where fish below the applicable minimum conservation reference size are present in the quantities referred to in point (e), separate information on the quantities of each species in kilograms expressed in net weight, or the number of individuals;

(f) the name and address of the suppliers;

(g) the information to consumers provided for in Article 35 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council (³);

CHAPTER II

Post-landing activities

Article 59

First sale of fisheries products

Article 60

Weighing of fishery products

Article 61

Weighing of fisheries products after transport from the place of landing

Article 62

Completion and submission of sales notes

Article 63

Electronic completion and transmission of sales notes data

Article 64

Content of the sales notes

The sales notes referred to in Articles 62 and 63 shall contain the following data:

(a) the external identification number and the name of the fishing vessel that has landed the product concerned;

(b) the port and date of landing;

(d) the name of the buyer and its VAT number, its tax identification number, or other unique identifier;

(e) the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken;

(f) the quantities of each species in kilograms in product weight, broken down by type of product presentation or, where appropriate, the number of individuals;

(g) for all products subject to marketing standards, as appropriate, the individual size or weight, grade, presentation and freshness;

(h) where appropriate, the destination of products withdrawn from the market for storage of fishery products in accordance with Article 30 of Regulation (EU) No 1379/2013;

(ha) where appropriate, the quantities in kilograms expressed in net weight, or the number of individuals, below the applicable minimum conservation reference size, and the destination thereof;

(i) the place and the date of the sale;

(j) where possible, the reference number and date of invoice and, where appropriate, the sales contract;

(k) where applicable, reference to the take-over declaration referred to in Article 66 or the transport document referred to in Article 68;

(l) the price.

Article 65

Exemptions from sales notes requirements

Article 66

Take-over declaration

The take-over declaration referred to in paragraph 1 shall contain at least the following information:

(a) the external identification number and name of the fishing vessel that has landed the products;

(b) the port and date of landing;

(d) the FAO alpha-3 code of each species and its relevant geographical area in which the catches were taken;

(e) the quantities of each species stored in kilograms in product weight, broken down by type of product presentation or, where appropriate, the number of individuals;

(f) the name and address of the facilities where the products are stored;

(g) where applicable, reference to the transport document specified to in Article 68;

(h) where appropriate, the quantities in kilograms expressed in net weight, or the number of individuals, below the applicable minimum conservation reference size.

Article 67

Electronic completion and transmission of take over declaration data

Article 68

Completion and submission of the transport document

The transport document shall indicate:

(a) the place of destination of the consignment(s) and the identification of the transport vehicle;

(b) the external identification number and name of the fishing vessel that has landed the products;

(d) the quantities of each species transported in kilograms in product weight, broken down by type of product presentation or, where appropriate, the number of individuals;

(e) the name(s) and address(es) of the consignee(s);

(f) the place and date of loading;

(g) where appropriate, the quantities in kilograms expressed in net weight, or the number of individuals, below the applicable minimum conservation reference size.

TITLE VI

SURVEILLANCE

Article 71

Sightings at sea and detection by Member States

Member States shall carry out surveillance in Union waters under their sovereignty or jurisdiction based on:

(a) sightings of fishing vessels by inspection vessels or surveillance aircrafts;

(b) a vessel monitoring system as referred to in Article 9; or

Article 72

Action to be taken upon information on sightings and detection

Article 73

Control observers

Article 73a

Control observers for the monitoring of the landing obligation

Without prejudice to Article 73(1) of this Regulation, Member States may deploy control observers on board fishing vessels flying their flag for the monitoring of fisheries subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013. Article 73(2) to (9) of this Regulation shall apply to those control observers.

TITLE VII

INSPECTION AND PROCEEDINGS

CHAPTER I

General provisions

Article 74

Conduct of inspections

Officials shall check in particular:

(a) the legality of the catch kept on board, stored, transported, processed or marketed and the accuracy of the documentations or electronic transmissions relating to it;

(b) the legality of the fishing gear used for the targeted species and for the catches kept on board;

(d) the marking of gears; and

(e) the information on the engine referred to in Article 40.

Article 75

Duties of the operator

Article 76

Inspection report

Article 77

Admissibility of inspection and surveillance reports

Inspection and surveillance reports drawn up by Union inspectors or officials of another Member State or Commission officials shall constitute admissible evidence in administrative or judicial proceedings of any Member State. For establishing facts they shall be treated as equivalent to inspection and surveillance reports of the Member States.

Article 78

Electronic database

Article 79

Union inspectors

Union inspectors may be assigned for:

(a) the implementation of the specific control and inspection programmes adopted in accordance with Article 95;

(b) international fisheries control programmes, where the Union is under an obligation to provide for controls.

For the accomplishment of their tasks and subject to paragraph 5, Union inspectors shall have access without delay to:

(a) all areas on board Union fishing vessels and any other vessels carrying out fishing activities, public premises or places and means of transport; and

(b) all information and documents which are needed to fulfil their tasks, in particular the fishing logbook, landing declarations, catch certificates, the transhipment declaration, sales notes and other relevant documents;

to the same extent and under the same conditions as officials of the Member State in which the inspection takes place.

CHAPTER II

Inspections outside the waters of the inspecting Member State

Article 80

Inspections of fishing vessels outside the waters of the inspecting Member State

A Member State may carry out inspections on fishing vessels of another Member State in accordance with this Regulation relating to fishing activities in all Union waters outside waters under the sovereignty of another Member State:

(a) following authorisation by the coastal Member State concerned; or

(b) where a specific control and inspection programme has been adopted in accordance with Article 95.

Article 81

Requests for authorisation

CHAPTER III

Infringements detected in the course of inspections

Article 82

Procedure in the event of an infringement

If the information collected during an inspection or any other relevant data leads the official to believe that an infringement of the rules of the common fisheries policy has been committed, the official shall:

(a) note the suspected infringement in the inspection report;

(b) take all necessary action to ensure safekeeping of the evidence pertaining to such suspected infringement;

(d) inform the natural or legal person suspected of having committed the infringement or which was caught in the act while committing the infringement that the infringement may result in the assignment of the appropriate number of points in accordance with Article 92. This information shall be noted in the inspection report.

Article 83

Infringements detected outside the waters of the inspecting Member State

Article 84

Enhanced follow-up with regard to certain serious infringements

The flag Member State or the coastal Member State in whose waters a fishing vessel is suspected of having:

(a) misrecorded catches of stocks subject to a multiannual plan of more than 500 kg or 10 %, calculated as a percentage of the fishing logbook figures, whichever is the higher; or

(b) committed any of the serious infringements referred to in Article 42 of Regulation (EC) No 1005/2008 or in Article 90(1) of this Regulation within one year of committing a first such serious infringement;

may require the fishing vessel to proceed immediately to a port for a full investigation, in addition to the measures referred to in Chapter IX of Regulation (EC) No 1005/2008.

CHAPTER IV

Proceedings of infringements detected in the course of inspections

Article 85

Proceedings

Without prejudice to Article 83(2) and Article 86, where an infringement of the rules of the common fisheries policy is discovered by the competent authorities in the course of or after an inspection, the competent authorities of the inspecting Member State shall take appropriate measures in accordance with Title VIII against the master of the vessel involved or against any other legal or natural person responsible for the infringement.

Article 86

Transfer of proceedings

Article 87

Infringement detected by Union inspectors

Member States shall undertake all appropriate measures in respect of any infringement that a Union inspector has discovered in the waters under their sovereignty or jurisdiction, or on a fishing vessel flying their flag.

Article 88

Corrective measures in the absence of proceedings by the Member State of landing or transhipment

TITLE VIII

ENFORCEMENT

Article 89

Measures to ensure compliance

Article 90

Sanctions for serious infringements

In addition to Article 42 of Regulation (EC) No 1005/2008, the following activities shall also be considered as serious infringements for the purpose of this Regulation depending on the gravity of the infringement in question which shall be determined by the competent authority of the Member State, taking into account criteria such as the nature of the damage, its value, the economic situation of the offender and the extent of the infringement or its repetition:

(a) the non-transmission of a landing declaration or a sales note when the landing of the catch has taken place in the port of a third country;

(b) the manipulation of an engine with the aim of increasing its power beyond the maximum continuous engine power according to the engine certificate;

(c) the failure to bring and retain on board the fishing vessel and to land any catches of species subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, unless the bringing and retention on board and the landing of such catches would be contrary to obligations or subject to exemptions provided for in the rules of the common fisheries policy in fisheries or fishing zones where such rules apply.

Article 91

Immediate enforcement measures

Member States shall take immediate measures to prevent masters of fishing vessels or other natural persons and legal persons caught in the act of committing a serious infringement, as defined in Article 42 of Regulation (EC) No 1005/2008, from continuing to do so.

Article 92

Point system for serious infringements

Article 93

National register of infringements

TITLE IX

CONTROL PROGRAMMES

Article 94

Common control programmes

Member States may carry out, among themselves and on their initiative, control, inspection and surveillance programmes concerning fisheries activities.

Article 95

Specific control and inspection programmes

TITLE X

EVALUATION AND CONTROL BY THE COMMISSION

Article 96

General principles

The Commission shall control and evaluate the application of the rules of the common fisheries policy by the Member States by means of the examination of information and documents and by conducting verifications, autonomous inspections and audits and shall facilitate coordination and cooperation between them. For this purpose the Commission may, of its own accord and by its own means, initiate and carry out inquiries, verifications, inspections and audits. It may in particular verify:

(a) the implementation and application of the rules of the common fisheries policy by Member States and their competent authorities;

(b) the implementation and application of the rules of the common fisheries policy in the waters of a third country in accordance with an international agreement with that country;

(c) the conformity of national administrative practices and inspection and surveillance activities with the rules of the common fisheries policy;

(d) the existence of the required documents and their compatibility with the applicable rules;

(e) the circumstances in which control activities are carried out by Member States;

(f) the detection and proceedings of infringements;

(g) the cooperation between Member States.

Member States shall cooperate with the Commission in order to facilitate the accomplishment of its tasks. Member States shall ensure that the verification, autonomous inspection and audit missions carried out under this Title are not subject to publicity that is injurious to on-the-spot missions. Wherever the Commission officials encounter difficulties in the execution of their duties, the Member States concerned shall provide the Commission with the means to accomplish its task and give the Commission officials the opportunity to evaluate the specific control and inspection operations.

Member States shall afford the Commission such assistance as it needs to fulfil its tasks.

Article 97

Competences of Commission officials

Article 98

Verifications

Article 99

Autonomous inspections

Article 100

Audits

The Commission may carry out audits of the control systems of Member States. The audits may include in particular the evaluation of:

(a) the quota and the effort management system;

(b) data validation systems, including systems of cross-checks of vessel monitoring systems, catch, effort and marketing data and data related to the Community fishing fleet register as well as the verification of licences and fishing authorisations;

(c) the administrative organisation, including the adequacy of the available staff and the available means, the training of staff, the delimitation of functions of all authorities involved in control as well as the mechanisms in place to coordinate the work and the joint evaluation of the results of those authorities;

(d) the operational systems, including procedures for control of designated ports;

(e) national control action programmes including the establishment of inspection levels and their implementation;

(f) the national system of sanctions, including the adequacy of the sanctions imposed, duration of proceedings, economic benefits forfeited by offenders and the deterrent nature of such system of sanctions.

Article 101

Verification, autonomous inspection and audit reports

Article 102

Follow-up of verification, autonomous inspection and audit reports

TITLE XI

MEASURES TO ENSURE COMPLIANCE BY MEMBER STATES WITH COMMON FISHERIES POLICY OBJECTIVES

CHAPTER I

Financial measures

CHAPTER II

Closure of fisheries

Article 104

Closure of fisheries for failure to comply with the common fisheries policy objectives

CHAPTER III

Deduction and transfers of quotas and fishing effort

Article 105

Deduction of quotas

In the case of an overfishing of a quota, allocation or share of a stock or a group of stocks available to a Member State in a given year the Commission shall operate deductions in the following year or years from the annual quota, allocation or share of the Member State which has overfished by applying a multiplying factor according to the following table:

Extent of overfishing relative to the permitted landings	Multiplying factor
Up to 10 %	Overfishing *1,0
Over 10 % up to 20 %	Overfishing *1,2
Over 20 % up to 40 %	Overfishing *1,4
Over 40 % up to 50 %	Overfishing *1,8
Any further overfishing greater than 50 %	Overfishing *2,0

However, a deduction equal to the overfishing * 1,00 shall apply in all cases of overfishing relative to permitted landing equal to, or less than, 100 tonnes.

In addition to the multiplying factors referred to in paragraph 2 and provided that the extent of overfishing relative to the permitted landings exceeds 10 %, a multiplying factor of 1,5 shall apply if:

(a) a Member State has repeatedly overfished its quota, allocation or share of the stock or group of stocks over the previous 2 years and such overfishing has been the subject of deductions as referred to in paragraph 2;

(b) the available scientific, technical and economic advice and, in particular, the reports drawn up by STECF have established that overfishing constitutes a serious threat to the conservation of the stock concerned; or

Article 106

Deduction of fishing effort

If the fishing effort in a geographical area or in a fishery available to a Member State is exceeded the Commission shall operate deductions in the following year or years from the fishing effort available to that Member State for the geographical area or the fishery concerned by applying a multiplying factor according to the following table:

Extent of excess of available fishing effort	Multiplying factor
Up to 10 %	Excess * 1,0
Over 10 % up to 20 %	Excess * 1,2
Over 20 % up to 40 %	Excess * 1,4
Over 40 % up to 50 %	Excess * 1,8
Any further excess greater than 50 %	Excess * 2,0

Article 107

Deduction of quotas for failure to comply with the rules of the common fisheries policy

CHAPTER IV

Emergency measures

Article 108

Emergency measures

The emergency measures provided for in paragraph 1 shall be proportionate to the threat and may include, inter alia:

(a) suspension of fishing activities of vessels flying the flag of the Member States concerned;

(b) closure of fisheries;

(c) prohibition against Union operators accepting landings, placing in cages for fattening or farming, or transhipments of fish and fisheries products caught by the vessels flying the flag of the Member States concerned;

(d) prohibition against the placing on the market or use for other commercial purposes fish and fisheries products caught by the vessels flying the flag of the Member States concerned;

(e) prohibition against the provision of live fish for fish farming in the waters under the jurisdiction of the Member States concerned;

(f) prohibition against the accepting of live fish caught by vessels flying the flag of the Member State concerned for the purposes of fish farming in waters under the jurisdiction of the other Member States;

(g) prohibition against fishing vessels flying the flag of the Member State concerned to fish in waters under the jurisdiction of other Member States;

(h) modification of the fishing data submitted by Member States in an appropriate way.

TITLE XII

DATA AND INFORMATION

CHAPTER I

Analysis and audit of data

Article 109

General principles for the analysis of data

Member States shall ensure that all data recorded in accordance with this Regulation are accurate, complete and submitted within deadlines laid down in the common fisheries policy. In particular:

(a) Member States shall perform cross-checking, analyses and verifications of the following data through automated computerised algorithms and mechanisms: (i) vessel monitoring system data; (ii) fishing activities data, in particular the fishing logbook, the landing declaration, the transhipment declaration and prior notification; (iii) data from take-over declarations, transport documents and sales notes; (iv) data from fishing licences and fishing authorisations; (v) data from inspection reports; (vi) data on engine power;

(b) the following data shall also be cross-checked, analysed and verified where applicable: (i) vessel detection system data; (ii) data on sightings; (iii) data relating to international fisheries agreements; (iv) data on entries into and exits from fishing areas, maritime areas where specific rules on access to waters and resources apply, regulatory areas of regional fisheries management organisations and similar organisations and waters of a third country; (v) automatic identification system data.

Article 110

Access to data

Member States shall grant access to Commission officials based on electronic certificates generated by the Commission or the body designated by it.

The access shall be made available on the Member States’ secure part of their websites referred to in Article 115.

Article 111

Exchange of data

Each flag Member State shall ensure the direct electronic exchange of relevant information with other Member States, and where appropriate, the Commission or the body designated by it, in particular:

(a) vessel monitoring system data when its vessels are present in another Member State’s waters;

(b) fishing logbook information when its vessels are fishing in another Member State’s waters;

(d) prior notification when the intended port is in another Member State.

Each coastal Member State shall ensure the direct electronic exchange of relevant information with other Member States, and where appropriate, the Commission or the body designated by it, in particular by sending:

(a) sales notes information to the flag Member State when a first sale originates from another Member State’s fishing vessel;

(b) take-over declaration information when the fish is placed in storage in Member State other than the flag Member State or the Member State of landing;

CHAPTER II

Confidentiality of data

Article 112

Protection of personal data

Article 113

Confidentiality of professional and commercial secrecy

Data communicated in the framework of this Regulation to persons working for competent authorities, courts, other public authorities and the Commission or the body designated by it, the disclosure of which would undermine:

(a) the protection of the privacy and the integrity of the individual, in accordance with Union legislation regarding the protection of personal data;

(b) the commercial interests of a natural or legal person, including intellectual property;

(d) the scope of inspections or investigations;

shall be subject to applicable rules on confidentiality. Information may always be disclosed if this is necessary to bring about the cessation or prohibition of an infringement of the rules of the common fisheries policy.

CHAPTER III

Official websites

Article 114

Official websites

Article 115

The publicly accessible part of the website

On the publicly accessible part of their websites Member States shall publish without delay or provide a direct link to:

(a) the names and addresses of the competent authorities responsible for issuing fishing licences, and fishing authorisations referred to in Article 7;

(b) the list of designated ports for the purpose of transhipment specifying their operating hours, as referred to in Article 20;

(c) one month after the entry into force of a multiannual plan, and after approval by the Commission, the list of designated ports, specifying their operating hours as referred to in Article 43, and within 30 days thereafter, the associated conditions for recording and reporting the quantities of the species under the multiannual plan for each landing;

(d) the decision establishing the real-time closure, and defining clearly the geographical area of the affected fishing grounds, the duration of the closure and the conditions governing fisheries in that area during the closure, as referred to in Article 53(2);

(e) the contact point details for the transmission or submission of fishing logbooks, prior notifications, transhipment declarations, landing declarations, sales notes, take-over declarations and transport documents as referred to in Articles 14, 17, 20, 23, 62, 66 and 68;

(f) a map with the coordinates of the area of temporary real-time closures as referred to in Article 54, specifying the duration of the closure and the conditions governing fisheries in that area during the closure;

(g) the decision to close a fishery under Article 35 and all necessary details.

Article 116

The secure part of the website

On the secure part of its website each Member State shall establish, maintain and keep up to date access to the following lists and databases:

(a) the lists of officials in charge of inspections as referred to in Article 74;

(b) the electronic database for the treatment of inspection and surveillance reports drawn up by the officials as referred to in Article 78;

(d) the electronic database containing the list of all fishing licences, and fishing authorisations issued and managed in accordance with this Regulation, with a clear indication of the conditions set out and the information on all suspensions and withdrawals;

(e) the way of measuring the continuous period of 24 hours as referred to in Article 26(6);

(f) the electronic database containing all relevant data on fishing opportunities as referred to in Article 33;

(g) national control action programmes as referred to in Article 46;

(h) the electronic database for the purpose of the verification of the completeness and the quality of the data collected as referred to in Article 109.

Each Member State shall ensure:

(a) the remote access for the Commission or the body designated by it to all data referred to in this Article by secure Internet connection on a 24-hour, seven-days-a-week basis;

(b) the direct electronic exchange of relevant information with other Member States and the Commission or the body designated by it.

TITLE XIII

IMPLEMENTATION

Article 117

Administrative cooperation

Article 118

Reporting obligations

Article 119

Committee procedure

Where reference is made to this Article, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.

TITLE XIV

AMENDMENTS AND REPEALS

Article 121

Amendments to other Regulations

Regulation (EC) No 2371/2002 is amended as follows:

(a) Article 21 shall be replaced by the following: ‘Article 21 Community control and enforcement system Access to waters and resources and the pursuit of activities as set out in Article 1 shall be controlled and compliance with the rules of the common fisheries policy enforced. For this purpose a Community system for the control, inspection and enforcement of the rules of the common fisheries policy shall be established.’;

(b) Articles 22 to 28 shall be deleted.

Article 122

Repeals

Article 123

References

References to the repealed Regulations and the provisions deleted in accordance with Article 121 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.

TITLE XV

FINAL PROVISIONS

Article 124

Entry into force

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

It shall apply from 1 January 2010.

However,

(a) Article 33(6) and (9), Articles 37, 43, 58, 60, 61, 63, 67, 68, 73, 78 and 84, Article 90(2), (3) and (4), Articles 93 and 117 and Article 121(3) to (11) shall apply from 1 January 2011;

(b) Articles 6, 7, 14, 21 and 23 shall apply from the date of entry into force of the rules implementing them;

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

ANNEX I

Objective

Each Member State shall set specific inspection benchmarks in accordance with this Annex.

Strategy

Inspection and surveillance of fishing activities shall concentrate on fishing vessels likely to catch species subject to a multiannual plan. Random inspections of transport and marketing of species subject to a multiannual plan shall be used as a complementary cross-checking mechanism to test the effectiveness of inspection and surveillance.

Priorities

Different gear types shall be subject to different levels of prioritisation, depending on the extent to which the fleets are affected by fishing opportunity limits. For that reason, each Member State shall set specific priorities.

Target benchmarks

Not later than one month from the date of entry into force of a Regulation establishing a multiannual plan, Member States shall implement their inspection schedules taking account of the targets set out below.

Member States shall specify and describe which sampling strategy will be applied. The Commission shall have access on request to the sampling plan used by the Member State.

ANNEX II

Regulation (EEC) No 2847/93	This Regulation
Article 1(1)	Articles 1 and 2
Article 1(2)	Article 5(3)
Article 1(3)	Article 2
Article 2	Article 5
Article 3	Article 9
Article 4(1)	Article 5
Article 4(2)	Article 75
Article 5(a) and (b)	Article 74
Article 5(c)	Article 8
Article 6	Articles 14, 15 and 16
Article 7	Articles 17 and 18
Article 8	Articles 23, 24 and 25
Article 9(1), (2), (3), (4), (4a), (5), (6), (7), (8) and (9)	Articles 62, 63, 64, 65 and 68
Article 9(4b) and (5)	Articles 66 and 67
Article 11	Articles 20, 21 and 22
Article 13	Article 68
Article 14	Article 59
Article 15(1), (2) and (4)	Articles 33 and 34
Article 15(3)	Article 36
Article 16	Article 117
Article 17	Articles 5
Article 19	Articles 112 and 113
Title IIA	Title IV, Chapter I, Section 2
Article 20(1)	Article 47
Article 20(2)	Article 49
Article 21(1)	Article 33
Article 21(2)	Article 35
Article 21(3)	Article 36
Article 21(4)	Article 37
Article 21a	Article 35
Article 21b	Article 34
Article 21c	Article 36
Article 23	Article 105
Title V	Title IV, Chapter II, and Article 109
Article 28(1)	Article 56
Article 28(2)	Articles 57 and 70
Article 28(2a)	Article 56
Article 29	Articles 96, 97, 98 and 99
Article 30	Article 102
Article 31(1) and (2)	Articles 89 and 90
Article 31(4)	Article 86
Article 32(1)	Article 85
Article 32(2)	Article 88
Article 33	Article 86
Article 34	Article 117
Article 34a	Article 117
Article 34b	Article 98
Article 34c	Article 95
Article 35	Article 118
Article 36	Article 119
Article 37	Articles 112 and 113
Article 38	Article 3
Article 39	Article 122
Article 40	Article 124
Regulation (EC) No 1627/94	This Regulation
The entire Regulation	Article 7
Regulation (EC) No 847/96	This Regulation
Article 5	Article 106
Regulation (EC) No 2371/2002	This Regulation
Article 21	Articles 1 and 2
Article 22(1)	Articles 6, 7, 8, 9, 14 and 75
Article 22(2)	Articles 58, 59, 62, 68 and 75
Article 23(3)	Article 5(3), Article 5(5) and Article 11
Article 23(4)	Articles 105 and 106
Article 24	Article 5, Title VII and Articles 71 and 91
Article 25	Chapters III and IV of Title VII and Article 89
Article 26(1)	Article 96
Article 26(2)	Article 108
Article 26(4)	Article 36
Article 27(1)	Articles 96 to 99
Article 27(2)	Articles 101 and 102
Article 28(1)	Article 117
Article 28(3)	Articles 80, 81 and 83
Article 28(4)	Article 79
Article 28(5)	Article 74
Regulation (EC) No 811/2004	This Regulation
Article 7	Article 14(2)
Article 8	Article 17
Article 10	Article 14(3)
Article 11	Article 44
Article 12	Article 60(6)
Regulation (EC) No 2166/2005	This Regulation
Article 9	Article 14(3)
Article 10	Article 60(1)
Article 12	Article 44
Article 13	Article 60(6)
Regulation (EC) No 2115/2005	This Regulation
Article 7	Article 14(3)
Regulation (EC) No 388/2006	This Regulation
Article 7	Article 14(3)
Article 8	Article 60(1)
Article 10	Article 44
Article 11	Article 60(6)
Regulation (EC) No 509/2007	This Regulation
Article 6	Article 14(3)
Article 8	Article 44
Article 9	Article 60(6)
Regulation (EC) No 676/2007	This Regulation
Article 10	Article 14(2)
Article 11	Article 14(3)
Article 12	Article 60(1)
Article 14	Article 44
Article 15	Article 60(6)
Regulation (EC) No 1098/2007	This Regulation
Article 15	Article 14(3)
Article 19	Article 60(1)
Article 24	Article 46
Regulation (EC) No 1342/2008	This Regulation
Article 19(1)	Article 109(2)
Article 19(2)	Article 115
Article 20	Article 60
Article 22	Article 42
Article 23	Article 46
Article 24	Article 17
Article 25	Article 43
Article 26	Article 14(2)
Article 27	Article 44
Article 28	Article 60(6)