LegalizeReform history
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
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· 2009-11-20
2026-01-10
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
2024-10-11
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
2024-07-10
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
2024-01-09
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
2019-08-14
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
2019-04-14
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
2017-01-01
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
Changes on 2017-01-01
@@ -138,7 +138,7 @@
4. Each Member State shall ensure that control, inspection and enforcement are carried out on a non-discriminatory basis as regards sectors, vessels or persons, and on the basis of risk management.
5. In each Member State, a single authority shall coordinate the control activities of all national control authorities. It shall also be responsible for coordinating the collection, treatment and certification of information on fishing activities and for reporting to, cooperating with and ensuring the transmission of information to the Commission, the Community Fisheries Control Agency established in accordance with Regulation (EC) No 768/2005 (<sup>23</sup>), other Member States and, where appropriate, third countries.
5. In each Member State, a single authority shall coordinate the control activities of all national control authorities. It shall also be responsible for coordinating the collection, treatment and certification of information on fishing activities and for reporting to, cooperating with and ensuring the transmission of information to the Commission, the Community Fisheries Control Agency established in accordance with Regulation (EC) No 768/2005 (<sup>1</sup>), other Member States and, where appropriate, third countries.
6. In accordance with the procedure laid down in Article 103, the payment of contributions from the European Fisheries Fund pursuant to Regulation (EC) No 1198/2006 and of Union financial contributions to measures referred to in Article 8(a) of Regulation (EC) No 861/2006 shall be conditional upon respect by the Member States of their obligation to ensure compliance with and enforcement of the rules of the common fisheries policy related to, or having an impact on the effectiveness of, the measures being financed, and to operate and maintain an effective control, inspection and enforcement system to this effect.
@@ -296,7 +296,7 @@
4. Masters of Union fishing vessels shall record in their fishing logbook all estimated discards above 50 kg of live-weight equivalent in volume for any species not subject to the landing obligation.
Masters of Union fishing vessels shall also record in their fishing logbook all estimated discards in volume for any species not subject to the landing obligation pursuant to Article 15(4) and (5) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (<sup>24</sup>).
Masters of Union fishing vessels shall also record in their fishing logbook all estimated discards in volume for any species not subject to the landing obligation pursuant to Article 15(4) and (5) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (<sup>2</sup>).
5. 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:
@@ -662,7 +662,7 @@
5. All catches of a stock or a group of stocks subject to quota made by Union fishing vessels shall be charged against the quotas applicable to the flag Member State for the stock or group of stocks in question, irrespective of the place of landing.
6. Catches taken in the framework of scientific research which are marketed and sold, including, where appropriate, those below the applicable minimum conservation reference size, shall be counted against the quota applicable to the flag Member State insofar as they exceed 2 % of the quotas concerned. Article 12(2) of Council Regulation (EC) No 199/2008 (<sup>25</sup>) shall not apply to scientific research voyages during which such catches are taken.
6. Catches taken in the framework of scientific research which are marketed and sold, including, where appropriate, those below the applicable minimum conservation reference size, shall be counted against the quota applicable to the flag Member State insofar as they exceed 2 % of the quotas concerned. Article 12(2) of Council Regulation (EC) No 199/2008 (<sup>3</sup>) shall not apply to scientific research voyages during which such catches are taken.
7. Without prejudice to Title XII, Member States may until 30 June 2011 carry out pilot projects with the Commission and body designated by it on the real-time remote access to Member States data recorded and validated according to this Regulation. The data access format and procedures shall be considered and tested. Member States shall inform the Commission before 1 January 2011 if they plan to carry out pilot projects. As from 1 January 2012 the Council may decide on a different way and frequency of data transmission by Member States to the Commission.
@@ -1104,7 +1104,7 @@
(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 (<sup>26</sup>);
(g)the information to consumers provided for in Article 35 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council (<sup>4</sup>);
6. Member States shall ensure that the information listed in point (g) of paragraph 5 is available to the consumer at retail sale stage.
@@ -1168,7 +1168,7 @@
5. When the landing takes place outside the Union and the first sale takes place in a third country, the master of the fishing vessel or his representative shall forward, if possible electronically, a copy of the sales note or any equivalent document containing the same level of information to the competent authority of the flag member State within 48 hours after the first sale.
6. Where a sales note does not correspond to the invoice or to a document replacing it, as referred to in Articles 218 and 219 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (<sup>27</sup>), the Member State concerned shall adopt the necessary provisions to ensure that the information on the price excluding tax for deliveries of goods to the purchaser is identical to that indicated on the invoice. Member States shall adopt the necessary provisions to ensure that the information on the price excluding tax for deliveries of goods to the purchaser is identical to that indicated on the invoice.
6. Where a sales note does not correspond to the invoice or to a document replacing it, as referred to in Articles 218 and 219 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (<sup>5</sup>), the Member State concerned shall adopt the necessary provisions to ensure that the information on the price excluding tax for deliveries of goods to the purchaser is identical to that indicated on the invoice. Member States shall adopt the necessary provisions to ensure that the information on the price excluding tax for deliveries of goods to the purchaser is identical to that indicated on the invoice.
#### Article 63
@@ -1616,7 +1616,7 @@
(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 land any species subject to a quota caught during a fishing operation, unless such landing would be contrary to obligations provided for in the rules of the common fisheries policy in fisheries or fishing zones where such rules apply.
(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.
2. Member States shall ensure that a natural person having committed or a legal person held liable for a serious infringement is punishable by effective, proportionate and dissuasive administrative sanctions, in accordance with the range of sanctions and measures provided for in Chapter IX of Regulation (EC) No 1005/2008.
@@ -1638,7 +1638,7 @@
##### Point system for serious infringements
1. Member States shall apply a point system for serious infringements as referred to in Article 42(1)(a) of Regulation (EC) No 1005/2008 on the basis of which the holder of a fishing licence is assigned the appropriate number of points as a result of an infringement of the rules of the common fisheries policy.
1. Member States shall apply a point system for serious infringements as referred to in point (a) of Article 42(1) of Regulation (EC) No 1005/2008 and for violations of the landing obligation referred to in point (c) of Article 90(1) of this Regulation, on the basis of which the holder of a fishing licence is assigned the appropriate number of points as a result of an infringement of the rules of the common fisheries policy.
2. When a natural person has committed or a legal person is held liable for a serious infringement of the rules of the common fisheries policy, the appropriate number of points shall be assigned to the holder of the fishing licence as a result of the infringement. The points assigned shall be transferred to any future holder of the fishing licence for the fishing vessel concerned where the vessel is sold, transferred or otherwise changes ownership after the date of the infringement. The holder of the fishing licence shall be entitled to review proceedings in accordance with national law.
@@ -2288,23 +2288,23 @@
(b)Articles 22 to 28 shall be deleted.
3. In Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the northern hake stock (<sup>28</sup>), Articles 7, 8, 10, 11, 12 and 13 shall be deleted.
4. In Council Regulation (EC) No 2115/2005 of 20 December 2005 establishing a recovery plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisation (<sup>29</sup>), Article 7 shall be deleted.
5. In Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula (<sup>30</sup>), Chapter IV shall be deleted.
6. In Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of Biscay (<sup>31</sup>), Chapter IV shall be deleted.
7. In Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel (<sup>32</sup>), Chapter IV shall be deleted.
8. In Council Regulation (EC) No 676/2007 of 11 June 2007 establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North Sea (<sup>33</sup>), Chapter IV shall be deleted.
9. In Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks (<sup>34</sup>), Article 10(3) and (4), Article 11(2) and (3), Articles 12, 13, 15, Article 18(2) and (3), Articles 19 and 20, Article 22 second paragraph, Articles 23, 24 and 25 shall be deleted.
10. In Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock (<sup>35</sup>), Articles 5 and 6 shall be deleted.
11. In Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (<sup>36</sup>), Articles 18, 19, 20, 21, 22, 23, 24, 26, 27, 28 and 29 shall be deleted.
3. In Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the northern hake stock (<sup>6</sup>), Articles 7, 8, 10, 11, 12 and 13 shall be deleted.
4. In Council Regulation (EC) No 2115/2005 of 20 December 2005 establishing a recovery plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisation (<sup>7</sup>), Article 7 shall be deleted.
5. In Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula (<sup>8</sup>), Chapter IV shall be deleted.
6. In Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of Biscay (<sup>9</sup>), Chapter IV shall be deleted.
7. In Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel (<sup>10</sup>), Chapter IV shall be deleted.
8. In Council Regulation (EC) No 676/2007 of 11 June 2007 establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North Sea (<sup>11</sup>), Chapter IV shall be deleted.
9. In Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks (<sup>12</sup>), Article 10(3) and (4), Article 11(2) and (3), Articles 12, 13, 15, Article 18(2) and (3), Articles 19 and 20, Article 22 second paragraph, Articles 23, 24 and 25 shall be deleted.
10. In Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock (<sup>13</sup>), Articles 5 and 6 shall be deleted.
11. In Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (<sup>14</sup>), Articles 18, 19, 20, 21, 22, 23, 24, 26, 27, 28 and 29 shall be deleted.
#### Article 122
@@ -2495,76 +2495,32 @@
| Article 27 | Article 44 |
| Article 28 | Article 60(6) |
(<sup>1</sup>) Opinion of 22 April 2009 (not yet published in the Official Journal).
(<sup>2</sup>) Opinion of 15 May 2009 (not yet published in the Official Journal).
(<sup>3</sup>) OJ C 211, 4.9.2009, p. 73.
(<sup>4</sup>) OJ C 151, 3.7.2009, p. 11.
(<sup>5</sup>) OJ L 358, 31.12.2002, p. 59.
(<sup>6</sup>) OJ L 261, 20.10.1993, p. 1.
(<sup>7</sup>) OJ L 286, 29.10.2008, p. 1.
(<sup>8</sup>) OJ L 286, 29.10.2008, p. 33.
(<sup>9</sup>) OJ L 208, 5.8.2002, p. 10.
(<sup>10</sup>) OJ L 102, 7.4.2004, p. 9.
(<sup>11</sup>) OJ L 204, 13.8.2003, p. 21.
(<sup>12</sup>) OJ L 365, 10.12.2004, p. 19.
(<sup>13</sup>) OJ L 31, 1.2.2002, p. 1.
(<sup>14</sup>) OJ L 278, 23.10.2001, p. 6.
(<sup>15</sup>) OJ L 289, 16.11.2000, p. 8.
(<sup>16</sup>) OJ L 223, 15.8.2006, p. 1.
(<sup>17</sup>) OJ L 160, 14.6.2006, p. 1.
(<sup>18</sup>) OJ L 184, 17.7.1999, p. 23.
(<sup>19</sup>) OJ L 281, 23.11.1995, p. 31.
(<sup>20</sup>) OJ L 8, 12.1.2001, p. 1.
(<sup>21</sup>) OJ L 171, 6.7.1994, p. 7.
(<sup>22</sup>) OJ L 408, 30.12.2006, p. 1.
(<sup>23</sup>) OJ L 128, 21.5.2005, p. 1.
(<sup>24</sup>) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
(<sup>25</sup>) Council Regulation (EC) No 199/2008 of 25 February 2008 establishing a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy (OJ L 60, 5.3.2008, p. 1).
(<sup>26</sup>) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 december 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).)
(<sup>27</sup>) OJ L 347, 11.12.2006, p. 1.
(<sup>1</sup>) OJ L 128, 21.5.2005, p. 1.
(<sup>2</sup>) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
(<sup>3</sup>) Council Regulation (EC) No 199/2008 of 25 February 2008 establishing a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy (OJ L 60, 5.3.2008, p. 1).
(<sup>4</sup>) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 december 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).)
(<sup>5</sup>) OJ L 347, 11.12.2006, p. 1.
(<sup>*1</sup>) OJ L 343, 22.12.2009, p. 1.’;
(<sup>28</sup>) OJ L 150, 30.4.2004, p. 1.
(<sup>29</sup>) OJ L 340, 23.12.2005, p. 3.
(<sup>30</sup>) OJ L 345, 28.12.2005, p. 5.
(<sup>31</sup>) OJ L 65, 7.3.2006, p. 1.
(<sup>32</sup>) OJ L 122, 11.5.2007, p. 7.
(<sup>33</sup>) OJ L 157, 19.6.2007, p. 1.
(<sup>34</sup>) OJ L 248, 22.9.2007, p. 1.
(<sup>35</sup>) OJ L 344, 20.12.2008, p. 6.
(<sup>36</sup>) OJ L 348, 24.12.2008, p. 20.
(<sup>6</sup>) OJ L 150, 30.4.2004, p. 1.
(<sup>7</sup>) OJ L 340, 23.12.2005, p. 3.
(<sup>8</sup>) OJ L 345, 28.12.2005, p. 5.
(<sup>9</sup>) OJ L 65, 7.3.2006, p. 1.
(<sup>10</sup>) OJ L 122, 11.5.2007, p. 7.
(<sup>11</sup>) OJ L 157, 19.6.2007, p. 1.
(<sup>12</sup>) OJ L 248, 22.9.2007, p. 1.
(<sup>13</sup>) OJ L 344, 20.12.2008, p. 6.
(<sup>14</sup>) OJ L 348, 24.12.2008, p. 20.
2015-06-01
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
2014-12-13
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
2014-01-01
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishin
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