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
10 versions
· 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
Changes on 2019-04-14
@@ -4,7 +4,8 @@
of 20 November 2009
establishing a 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
establishing a 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
@@ -146,7 +147,7 @@
## TITLE III
### GENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES
### GENERAL CONDITIONS FOR ACCESS TO WATEŘS AND RESOURCES
#### Article 6
@@ -274,7 +275,7 @@
##### Completion and submission of the fishing logbook
1. Without prejudice to specific provisions contained in multiannual plans, the master of each Union fishing vessel of 10 metres' length overall or more shall keep a fishing logbook of operations, indicating specifically, for each fishing trip, all quantities of each species caught and kept on board above 50 kg of live-weight equivalent. The 50 kg threshold shall apply as soon as catches of a species exceed 50 kg.
1. Without prejudice to specific provisions contained in multiannual plans, the master of each Union fishing vessel of 10 metres' length overall or more shall keep a fishing logbook of operations, indicating specifically, for each fishing trip, all quantities of each species caught and kept on board above 50 kg of live-weight equivalent. The 50 kg threshold shall apply as soon as catches of a species exceed 50 kg.
2. The fishing logbook referred to in paragraph 1 shall contain in particular the following information:
@@ -294,7 +295,7 @@
3. 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 % for all species.
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.
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>2</sup>).
@@ -662,7 +663,7 @@
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>3</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.
@@ -938,7 +939,7 @@
2. 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;
(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.
@@ -1834,15 +1835,15 @@
| 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 |
| 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.
3. 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:
3. 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;
@@ -1866,11 +1867,11 @@
| 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 |
| 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 |
3. If a deduction according to paragraph 2 cannot be operated on the maximum allowable fishing effort that was exceeded as such because such maximum allowable fishing effort is not or not sufficiently available to the Member State concerned, the Commission may deduct in the following year or years fishing effort available to that Member State in the same geographical area in accordance with paragraph 2.
@@ -2169,110 +2170,6 @@
## TITLE XIV
### AMENDMENTS AND REPEALS
#### Article 120
##### Amendments to Regulation (EC) No 768/2005
Regulation (EC) No 768/2005 is hereby amended as follows:
1.in Article 3, the following point shall be added:
‘(i)to assist in the uniform implementation of the control system of the common fisheries policy, including in particular:
—organisation of operational coordination of control activities by Member States for the implementation of specific control and inspection programmes, control programmes related to illegal, unreported and unregulated (IUU) fishing and international control and inspection programmes,
—inspections as necessary to fulfil the Agency's tasks in accordance with Article 17a.’;
2.in Article 5
(a)paragraph 1 shall be replaced by the following:
‘1. Operational coordination by the Agency shall cover control of all activities covered by the common fisheries policy.’;
(b)the following paragraph shall be added:
‘3. For the purpose of enhanced operational coordination between Member States, the Agency may establish operational plans with the Member States concerned and coordinate their implementation.’;
3.Article 7 shall be replaced by the following:
The Agency shall assist the Commission and the Member States for the purpose of ensuring a high, uniform and effective fulfilment of their obligations under the rules of the common fisheries policy including the fight against IUU fishing and in their relations with third countries. The Agency shall in particular:
(a)establish and develop a core curriculum for the training of the instructors of the fisheries inspectorate of the Member States and provide additional training courses and seminars to those officials and other personnel involved in control and inspection activities;
(b)establish and develop a core curriculum for the training of Community inspectors before their first deployment and provide updated additional training and seminars on a regular basis to those officials;
(c)at the request of Member States, undertake the joint procurement of goods and services relating to control and inspection activities by Member States as well as preparation for and the coordination of the implementation by Member States of joint pilot projects;
(d)draw up joint operational procedures in relation to joint control and inspection activities undertaken by two or more Member States;
(e)elaborate criteria for the exchange of means of control and inspection between Member States and between Member States and third countries and for the provision of such means by the Member States;
(f)conduct risk analysis on the basis of the fisheries data on catches, landings and fisheries effort, as well as risk analysis of unreported landings including, inter alia, a comparison of data on catches and imports with data on exports and on national consumption;
(g)on request from the Commission or of Member States develop common inspection methodologies and procedures;
(h)assist Member States, at their request, to comply with their Community and their international obligations including the fight against IUU fishing and those arising in the framework of regional fisheries management organisations;
(i)promote and coordinate the development of uniform risk management methodologies in the field of its competence;
(j)coordinate and promote cooperation between Member States and common standards for the development of sampling plans defined in 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 (<sup>*1</sup>).
4.Article 8 shall be replaced by the following:
1. The Agency shall, at the request of the Commission, coordinate control and inspection activities by Member States on the basis of international control and inspection programmes by establishing joint deployment plans.
2. The Agency may acquire, rent or charter the equipment that is necessary for the implementation of the joint deployment plans referred to in paragraph 1.’;
5.Article 9 shall be replaced by the following:
1. The Agency shall coordinate the implementation of specific control and inspection programmes established in accordance with Article 95 of Regulation (EC) No 1224/2009 through joint deployment plans.
2. The Agency may acquire, rent or charter the equipment that is necessary for the implementation of the joint deployment plans referred to in paragraph 1.’;
6.the following Chapter shall be inserted after Chapter III:
## ‘CHAPTER IIIa
### COMPETENCES OF THE AGENCY
Officials of the Agency may be assigned in international waters as Community inspectors in accordance with Article 79 of Regulation (EC) No 1224/2009.
The Agency shall, where appropriate:
(a)issue manuals on harmonised standards of inspections;
(b)develop guidance material reflecting the best practices in the field of control of the common fisheries policy, including on the training of control officials, and update this on a regular basis;
(c)provide the Commission with the necessary technical and administrative support to carry out its tasks.
1. The Member States and the Commission shall cooperate with, and afford the necessary assistance to, the Agency for the accomplishment of its mission.
2. With due regard to the different legal systems in the individual Member States, the Agency shall facilitate cooperation between Member States and between them and the Commission in the development of harmonised standards for control in accordance with Community legislation and taking into account best practices in Member States and agreed international standards.
1. Where the Commission, of its own initiative or at the request of at least two Member States, identifies a situation involving a direct, indirect or potential serious risk to the common fisheries policy, and the risk cannot be prevented, eliminated or reduced by existing means or cannot adequately be managed, the Agency shall be immediately notified.
2. The Agency acting upon a notification by the Commission or of its own initiative shall immediately set up an emergency unit and inform the Commission thereof.
1. The emergency unit set up by the Agency shall be responsible for collecting and evaluating all relevant information and identifying the options available to prevent, eliminate or reduce the risk to the common fisheries policy as effectively and rapidly as possible.
2. The emergency unit may request the assistance of any public authority or private person whose expertise it deems necessary to respond to the emergency effectively.
3. The Agency shall make the necessary coordination for undertaking an adequate and timely response to the emergency.
4. The emergency unit shall, where appropriate, keep the public informed of the risks involved and the measures taken.
1. The multiannual work programme of the Agency shall establish its overall objectives, mandate, tasks, performance indicators and the priorities for each action of the Agency over a five-year period. It shall include a presentation of the staff policy plan and an estimation of budget appropriations to be made available for the achievement of the objectives for that five-year period.
2. The multiannual work programme shall be presented according to the activity-based management system and methodology developed by the Commission. It shall be adopted by the Administrative Board.
3. The work programme referred to in Article 23(2)(c) shall refer to the multiannual work programme. It shall clearly indicate the additions, changes or deletions in comparison with the previous year's work programme, and the progress made in the achievement of the overall objectives and priorities of the multiannual work programme.
The Agency shall contribute to the implementation of the EU Integrated Maritime Policy, and in particular conclude administrative agreements with other bodies in matters covered by this Regulation after approval by the Administrative Board. The Executive Director shall inform the Commission and the Member States thereof at an early stage of such negotiations.
Detailed rules for the implementation of this Chapter shall be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.
These rules may cover in particular the formulation of plans for response to an emergency, the establishment of the emergency unit and the practical procedures to be applied.’.
#### Article 121
@@ -2505,8 +2402,6 @@
(<sup>5</sup>) OJ L 347, 11.12.2006, p. 1.
(<sup>*1</sup>) OJ L 343, 22.12.2009, p. 1.’;
(<sup>6</sup>) OJ L 150, 30.4.2004, p. 1.
(<sup>7</sup>) OJ L 340, 23.12.2005, p. 3.
2017-01-01
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
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
original version
Text at this date