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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Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
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Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
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Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
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Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
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Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
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Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
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Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
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Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a
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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
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (<sup>1</sup>),
Having regard to the opinion of the European Economic and Social Committee (<sup>2</sup>),
Having regard to the opinion of the Committee of the Regions (<sup>3</sup>),
Having regard to the opinion of the European Data Protection Supervisor (<sup>4</sup>),
(1) The objective of the common fisheries policy, as set out in Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (<sup>5</sup>), is to ensure exploitation of living aquatic resources that provides sustainable economic, environmental and social conditions.
(2) Given that the success of the common fisheries policy involves implementing an effective system of control, the measures provided for in this Regulation seek to establish a Community system for control, inspection, and enforcement with a global and integrated approach in accordance with the principle of proportionality, so as to ensure compliance with all the rules of the common fisheries policy in order to provide for the sustainable exploitation of living aquatic resources by covering all aspects of this policy.
(3) The experience gained in the application of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the Common Fisheries Policy (<sup>6</sup>) has shown that the current control system no longer suffices to ensure compliance with the rules of the common fisheries policy.
(4) Currently control provisions are contained in a wide number of overlapping and complex legal texts. Some parts of the control system are poorly implemented by Member States which results in insufficient and divergent measures in response to infringements of the rules of the common fisheries policy thereby undermining the creation of a level playing field for fishermen across the Community. Accordingly the existing regime and all the obligations therein should be consolidated, rationalised and simplified, in particular through reduction of double regulation and administrative burdens.
(5) In view of the scale of the depletion of marine aquatic resources, it is vital for the Community to adopt the necessary measures to develop a culture of compliance among all operators with the rules of the common fisheries policy, and with the objectives set out by the World Summit on Sustainable Development in 2002 as well as the European Council’s Sustainable Development Strategy. To achieve this aim, the rules for control, inspection, and enforcement of conservation as well as resource management measures, structural measures and measures on the common organisation of the market should be reinforced, harmonised and strengthened.
(6) Given that Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (<sup>7</sup>), obliges the Member States to take appropriate measures to ensure the effectiveness of the fight against all illegal, unreported and unregulated (IUU) fishing and associated activities and given that Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters (<sup>8</sup>) establishes provisions on authorisations for Community fishing vessels to engage in fishing activities outside Community waters and on authorisations for third country fishing vessels to engage in fishing activities in Community waters, this Regulation should be complementary to these Regulations and ensure that there is no discrimination between Member States’ and third country nationals.
(7) This Regulation should affect neither special provisions contained in international agreements or applicable in the framework of regional fisheries management organisations nor any national control provisions which fall within the scope of this Regulation but go beyond its minimum provisions, provided that such national provisions are in conformity with Community law.
(8) Modern technologies, such as the vessel monitoring system, the vessel detection system and the automatic identification system, should be exploited since they allow effective monitoring, systematic and automated cross-checks in a rapid manner, and facilitate the administrative procedures for both the national authorities and the operators and thus allow timely risk analyses and global assessments of all relevant control information. The control system should therefore allow Member States to combine the use of the various control instruments to ensure the most efficient method of control.
(9) A new, common approach to fisheries control should be introduced that includes comprehensive monitoring of catches, with a view to ensuring a level playing field for the fishing sector that takes into account the differences across the segments of the fleet. To this end common criteria for the implementation of fisheries control and in particular standardised and coordinated inspection procedures at sea, on land and throughout the market chain should be established. As part of the new approach the respective responsibilities of the Member States, the Commission and the Community Fisheries Control Agency should be clarified.
(10) Management of fishery resources at Community level is based in particular on total allowable catches (TACs), quotas, effort regimes and technical measures. Appropriate steps should be taken to ensure that Member States adopt the necessary measures to implement these management measures in an effective manner.
(11) Control activities and methods should be based on risk management using cross-checking procedures in a systematic and comprehensive way by Member States. It is also necessary for Member States to exchange relevant information.
(12) Cooperation and coordination between Member States, the Commission and the Community Fisheries Control Agency should be intensified in order to promote compliance with the rules of the common fisheries policy.
(13) To ensure that fishing activities are only undertaken in line with the rules of the common fisheries policy such activities should be subject to a fishing licence and, when specific conditions apply, to a fishing authorisation. Also rules on the marking and identification of fishing vessels and their gear should apply.
(14) To ensure an effective control, Member States should operate a vessel monitoring system and fishing vessels of 12 metres’ length overall or more should be equipped with a device allowing Member States to automatically locate and identify those vessels. Furthermore fishing vessels should be equipped with an automatic identification system in accordance with Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system (<sup>9</sup>), and Member States should use the data of such a system for cross-checking purposes.
(15) Cooperation among Community agencies and among authorities of Member States should be strengthened. For this purpose, it should be possible to transmit data from the vessel monitoring system, automatic identification system and the vessel detection system to Community agencies and competent authorities of Member States engaged in surveillance operations for the purpose of maritime safety and security, border control, protection of the marine environment and general law enforcement.
(16) It should be for the Council to decide on the future use of electronic monitoring devices and traceability tools such as genetic analysis and other fisheries control technologies if these technologies lead to an improved compliance with rules of the common fisheries policy in a cost effective way.
(17) Member States should monitor the activities of their fishing vessels in and outside Community waters. To facilitate effective monitoring masters of Community fishing vessels of 10 metres’ length overall or more should be obliged to keep a fishing logbook and submit landing and transhipment declarations. In order to make use of modern technologies, for fishing vessels of 12 metres’ length overall or more, the fishing logbook should be in electronic form and the landing and transhipment declarations should be submitted electronically.
(18) The information contained in the fishing logbooks of fishing vessels should be verified at the time of landing. Accordingly, those involved in the landing and marketing of fish and fishery products should be required to declare the quantities landed, transhipped, offered for sale or purchased.
(19) For small fishing vessels of less than 10 metres’ length overall an obligation to keep a fishing logbook or to complete a landing declaration would constitute a disproportionate burden in relation to their fishing capacity. In order to ensure an adequate level of control over such vessels, Member States should monitor their activities by the implementation of a sampling plan.
(20) Transhipments at sea escape any proper control by flag or coastal states and therefore constitute a possible way for operators to carry illegal catch. To improve controls, transhipment operations in the Community should be authorised only in designated ports.
(21) The Member States’ authorities should be able to monitor landings in their ports. To that end fishing vessels engaged in fisheries on stocks subject to a multiannual plan that are under the obligation to record fishing logbook data electronically should be required to pre-notify those authorities of their intention to land in their ports. Member States should be allowed to deny access if the required information is not complete.
(22) Since the management of fishing resources is based on fishing opportunities it should be ensured that catches and deployed effort are correctly recorded and that the catches and deployed effort are charged against the quotas and effort allocations of the flag Member State. Fisheries should be closed if the available quota or effort allocation have been exhausted.
(23) In view of the capacity requirements in the Community fishing fleet as contained in Article 13 of Regulation (EC) No 2371/2002, Council Regulation (EC) No 639/2004 of 30 March 2004 on the management of fishing fleets registered in the Community outermost regions (<sup>10</sup>), Commission Regulation (EC) No 1438/2003 of 12 August 2003 laying down implementing rules on the Community Fleet Policy as defined in Chapter III of Council Regulation (EC) No 2371/2002 (<sup>11</sup>) and Commission Regulation (EC) No 2104/2004 of 9 December 2004 laying down detailed implementation rules for Council Regulation (EC) No 639/2004 (<sup>12</sup>), instruments should be introduced for the control of the fleet capacity which should include the monitoring of the engine power and of the use of fishing gear. For that reason Member States should take measures to ensure that the total capacity of the fishing licences does not exceed the maximum capacity levels and ensure that the propulsion engine power of fishing vessels does not exceed the certified engine power of those vessels. Member States should for this purpose certify the propulsion engine power of fishing vessels whose propulsion engine power exceeds 120 kW and also verify on the basis of a sampling plan the consistency of engine power with other available information.
(24) Particular measures should apply in case of multiannual plans as a particular form to protect the concerned stocks. Transhipments of catches of stocks subject to a multiannual plan should be allowed only in designated ports and only if these catches have been weighed.
(25) Special provisions should be foreseen that only allowed gears are used and that lost gear is retrieved.
(26) Special rules should apply to fishing restricted areas. The procedure for the establishment and lifting of real time closures for fishing grounds should be clearly established.
(27) As recreational fisheries can have a significant impact on fish resources, Member States should ensure that they are conducted in a manner compatible with the objectives of the common fisheries policy. For stocks under a recovery plan Member States should collect catch data of recreational fisheries. Where such fisheries have a significant impact on the resources, the Council should have the possibility to decide on specific management measures.
(28) In order to establish a comprehensive control regime, the whole chain of production and marketing should be covered by such a regime. It should include a coherent traceability system complementing the provisions contained in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (<sup>13</sup>), and an enhanced control of producer organisations. It should also protect the interests of consumers by providing the information concerning the commercial designation, the production method and the catch area at each stage of the marketing as contained in Commission Regulation (EC) No 2065/2001 of 22 October 2001 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards informing consumers about fishery and aquaculture products (<sup>14</sup>). It should ensure the monitoring of producer organisations in accordance with Commission Regulation (EC) No 2508/2000 of 15 November 2000 laying down the detailed rules for the application of Council Regulation (EC) No 104/2000 as regards operational programmes in the fisheries sector (<sup>15</sup>).
(29) To ensure that all catches are properly controlled Member States should ensure that all fisheries products are first marketed or registered at an auction centre or to registered buyers or to producer organisations. As the exact weight of catches needs to be known to follow the utilisation of quotas, Member States should ensure that all fisheries products are weighed unless sampling plans based on a common methodology are in place.
(30) In order to follow the way of the catch and to be able to verify their coherence with catch data, registered buyers, registered auctions or other bodies or persons authorised by Member States should submit sales notes. If they have an annual turnover in first sales of fisheries products of more than EUR 200 000 the sales notes should be transmitted electronically.
(31) In order to ensure compliance with Community conservation and trade measures, steps should be taken to require all fishery products for which neither a sales note nor a take-over declaration has been submitted and which are transported to a place other than that of landing to be accompanied by a transport document identifying their nature, origin and weight unless a transport document has been transmitted electronically before the transport.
(32) Member States should carry out regular checks on producer organisations to ensure that they meet the legal requirements. They should also carry out checks regarding the price and intervention arrangements.
(33) Member States should carry out surveillance in Community waters and take the necessary measures if a sighting or detection does not correspond to the information available to them.
(34) The concept and the tasks of control observers should be clearly established for future control observer schemes. At the same time rules should also be established on the conduct of inspections.
(35) For the consistent and effective prosecution of infringements, provision should be made to enable inspection and surveillance reports drawn up by Commission officials, Community inspectors and officials of Member States to be used in the same way as national reports. At the same time Member States should set up an electronic database providing the inspection and surveillance reports of their officials.
(36) To enhance a common level of control in Community waters a list of Community inspectors should be established and their tasks and competences should be clarified. For the same reason inspections of fishing vessels outside the waters of the inspecting Member State should be possible under certain conditions.
(37) In the case of an infringement it should be ensured that the appropriate measures are taken and that the infringement can effectively be followed up irrespective of where it occurs. In certain cases of serious infringements there should be an enhanced follow-up to enable immediate investigation. In this respect Member States should also be obliged to take appropriate measures where an infringement has been discovered by a Community inspector. Under certain conditions it should be possible to transfer the proceedings to the flag Member State or the Member State of which the offender holds the citizenship.
(38) Nationals of Member States should be deterred from committing infringements of the rules of the common fisheries policy. Since action taken following infringements of those rules differs widely from one Member State to another, thereby causing discrimination and unfair competition rules for fishermen and given that the absence of dissuasive, proportionate and effective sanctions in certain Member States reduces the effectiveness of controls, it is appropriate to introduce administrative sanctions in combination with a point system for serious infringements to provide a real deterrent.
(39) The persistence of a high number of serious infringements of the rules of the common fisheries policy within Community waters or by Community operators is to a large extent attributable to the non-deterrent level of sanctions for serious infringements of those rules laid down in national legislation. That weakness is compounded by the wide discrepancy in the levels of sanctions between Member States, which encourages illegal operators to operate in waters or within the territory of the Member States where the sanctions are lowest. It is therefore appropriate to complement the maximum levels of sanctions for serious infringements of the rules of the common fisheries policy as laid down in Article 44 of Regulation (EC) No 1005/2008 with dissuasive sanctions, taking into account the nature of the damage, value of the fishery products obtained by committing the serious infringement, the economic situation of the offender and any repetition of an infringement. Immediate enforcement measures and complementary measures should also be laid down.
(40) The establishment of sanctions should be complemented by a point system for serious infringements on the basis of which a fishing licence should be suspended if a certain number of points have been attributed to the holder of a fishing licence following the imposition of sanctions for serious infringements. If the fishing licences have been suspended five times on the basis of this system and again the number of points are attributed the fishing licence should be withdrawn altogether. In this context Member States should enter in a national register all infringements of the rules of the common fisheries policy.
(41) To ensure the achievement of the objectives of the common fisheries policy the Commission should be able to take effective corrective measures. To this end the management capacity of the Commission and its capacity to intervene in a manner proportionate to the level of non-compliance by a Member State should be strengthened. The Commission should be empowered to undertake inspections without prior notice and in an independent way, so as to verify the control operations carried out by the competent authorities of Member States.
(42) For the purposes of protecting the Community financial interest and securing the overriding interest in the conservation of fisheries resources, the financial assistance in the framework of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (<sup>16</sup>) and Council Regulation (EC) No 861/2006 of 22 May 2006 establishing Community financial measures for the implementation of the common fisheries policy and in the area of the Law of Sea (<sup>17</sup>) should be made conditional upon compliance by Member States with their obligations in the fields of fisheries control and thus suspension and cancellation of such financial assistance should be foreseen in cases of an inadequate implementation of the rules of common fisheries policy by Member States which affects the effectiveness of the measures being financed.
(43) Powers should be conferred to the Commission to close a fishery when the quota of a Member State or a TAC itself is exhausted. The Commission should also be empowered to deduct quotas and effort allocations to ensure the limitation of fishing opportunities are fully complied with. The Commission should also have the capacity to take emergency measures if there is evidence that fishing activities or measures of a Member State undermine the conservation and management measures of management plans or threaten the marine eco-system.
(44) The exchange of data in electronic form with other Member States and the Commission or the body designated by it should be ensured. The Commission or the body designated by it should be in a position to access directly the fisheries data of Member States to enable it to verify that Member States comply with their obligations and to intervene where inconsistencies are identified.
(45) For a better communication the competent authorities of Member States should set up websites with general information available on a publicly accessible part and operational information on a secure part of the website. It should also be ensured that the competent authorities of Member States for the implementation of this Regulation cooperate with each other, the Commission, the body designated by the Commission and the competent authorities of third countries.
(46) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (<sup>18</sup>). All measures adopted by the Commission to implement this Regulation should comply with the proportionality principle.
(47) The mandate of the Community Fisheries Control Agency should be adjusted and extended to support the uniform implementation of the control system of the common fisheries policy, to ensure the organisation of operational cooperation, to provide assistance to Member States and to enable it to set up an emergency unit where a serious risk to the common fisheries policy is identified. It should also be enabled to provide itself with the necessary equipment to carry out joint deployment plans and to cooperate in the implementation of the EU Integrated Maritime Policy.
(48) Data collected and exchanged in the framework of this Regulation should be treated in accordance with applicable rules on confidentiality. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (<sup>19</sup>) should apply to the processing of personal data activities carried out by the Member States when applying this Regulation. Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (<sup>20</sup>) should govern the processing of personal data activities carried out by the Commission in the application of this Regulation.
(49) In order to bring the Community legislation in line with this Regulation certain Regulations pertaining to control provisions should be amended.
(50) As this Regulation will establish a new, comprehensive control regime, Regulation (EEC) No 2847/93, Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits (<sup>21</sup>), and Council Regulation (EC) No 1966/2006 of 21 December 2006 on electronic recording and reporting of fishing activities and on means of remote sensing (<sup>22</sup>) should be repealed.
(51) In order to provide the Member States with the necessary time to adapt to some of the new obligations laid down in this Regulation, it is convenient to defer the applicability of certain provisions to a later date,
HAS ADOPTED THIS REGULATION:
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
@@ -132,13 +14,13 @@
##### Subject matter
This Regulation establishes a Community system for control, inspection and enforcement (hereinafter referred to as Community control system) to ensure compliance with the rules of the common fisheries policy.
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
1. This Regulation shall apply to all activities covered by the common fisheries policy carried out on the territory of Member States or in Community waters or by Community fishing vessels or, without prejudice to the primary responsibility of the flag Member State, by nationals of Member States.
1. This Regulation shall apply to all activities covered by the common fisheries policy carried out on the territory of Member States or in Union waters or by Union fishing vessels or, without prejudice to the primary responsibility of the flag Member State, by nationals of Member States.
2. Activities within maritime waters of the overseas territories and countries referred to in Annex II of the Treaty shall be treated as taking place within maritime waters of third countries.
@@ -166,9 +48,9 @@
##### Relationship with international and national provisions
1. This Regulation shall apply without prejudice to special provisions contained in fisheries agreements concluded between the Community and third countries or applicable in the framework of regional fisheries management organisations or similar agreements to which the Community is a Contracting Party or a non-contracting Cooperating Party.
2. This Regulation shall apply without prejudice to any national control measures which go beyond its minimum requirements, provided that they comply with Community legislation and are in conformity with the common fisheries policy. At the request of the Commission, Member States shall notify those control measures.
1. This Regulation shall apply without prejudice to special provisions contained in fisheries agreements concluded between the Union and third countries or applicable in the framework of regional fisheries management organisations or similar agreements to which the Union is a Contracting Party or a non-contracting Cooperating Party.
2. This Regulation shall apply without prejudice to any national control measures which go beyond its minimum requirements, provided that they comply with Union legislation and are in conformity with the common fisheries policy. At the request of the Commission, Member States shall notify those control measures.
#### Article 4
@@ -178,7 +60,7 @@
1.‘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;
2.‘rules of the common fisheries policy’ means Community legislation on the conservation, management and exploitation of living aquatic resources, on aquaculture and on processing, transport and marketing of fisheries and aquaculture products;
2.‘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;
3.‘control’ means monitoring and surveillance;
@@ -188,13 +70,13 @@
6.‘official’ means a person authorised by a national authority, the Commission or the Community Fisheries Control Agency to carry out an inspection;
7.‘Community 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;
7.‘ 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;
8.‘control observer’ means a person authorised by a national authority to observe the implementation of the rules of the common fisheries policy;
9.‘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 Community fishing vessel;
10.‘fishing authorisation’ means a fishing authorisation issued in respect of a Community 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;
9.‘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;
@@ -210,7 +92,7 @@
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, Community and national sources and strategies;
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;
@@ -222,7 +104,7 @@
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 Community provisions adopted on the basis of Article 37 of the Treaty and providing for specific management measures for particular fish stocks for several years;
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;
@@ -250,7 +132,7 @@
1. Member States shall control the activities carried out by any natural or legal person within the scope of the common fisheries policy on their territory and within waters under their sovereignty or jurisdiction, in particular fishing activities, transhipments, transfer of fish to cages or aquaculture installations including fattening installations, landing, import, transport, processing, marketing and storage of fisheries and aquaculture products.
2. Member States shall also control access to waters and resources and control activities outside Community waters carried out by Community fishing vessels flying their flag and, without prejudice to the primary responsibility of the flag Member State, by their nationals.
2. Member States shall also control access to waters and resources and control activities outside Union waters carried out by Union fishing vessels flying their flag and, without prejudice to the primary responsibility of the flag Member State, by their nationals.
3. Member States shall adopt appropriate measures, allocate adequate financial, human and technical resources and set up all administrative and technical structures necessary for ensuring control, inspection and enforcement of activities carried out within the scope of the common fisheries policy. They shall make available to their competent authorities and officials all adequate means to enable them to carry out their tasks.
@@ -258,9 +140,9 @@
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.
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 Community 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.
7. In accordance with their respective responsibilities, the Commission and the Member States shall ensure that the objectives of this Regulation are fulfilled in the management and control of Community financial assistance.
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.
7. In accordance with their respective responsibilities, the Commission and the Member States shall ensure that the objectives of this Regulation are fulfilled in the management and control of Union financial assistance.
## TITLE III
@@ -270,7 +152,7 @@
##### Fishing licence
1. A Community fishing vessel may be used for commercial exploitation of living aquatic resources only if it has a valid fishing licence.
1. A Union fishing vessel may be used for commercial exploitation of living aquatic resources only if it has a valid fishing licence.
2. The flag Member State shall ensure that the information contained in the fishing licence is accurate and consistent with that contained in the Community fishing fleet register referred to in Article 15 of Regulation (EC) No 2371/2002.
@@ -284,7 +166,7 @@
##### Fishing authorisation
1. A Community fishing vessel operating in Community 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:
1. 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;
@@ -294,7 +176,7 @@
(d)fishing for scientific purposes;
(e)other cases laid down in Community legislation.
(e)other cases laid down in Union legislation.
2. Where a Member State has a specific national fishing authorisation scheme, it shall send to the Commission at its request a summary of the information contained in the authorisation issued and the related aggregated figures on fishing effort.
@@ -322,17 +204,17 @@
3. When a fishing vessel is in the waters of another Member State, the flag Member State shall make available the vessel monitoring system data of that vessel by automatic transmission to the fisheries monitoring centre of the coastal Member States. The vessel monitoring system data shall also be made available upon request to the Member State in whose ports a fishing vessel is likely to land its catches or in the waters of which the fishing vessel is likely to continue its fishing activities.
4. If a Community fishing vessel operates in the waters of a third country or in areas of the high sea where the fishing resources are managed by an international organisation and, if the agreement with that third country or the applicable rules of that international organisation so provide, those data shall also be made available to that country or organisation.
5. A Member State may exempt Community 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:
4. If a Union fishing vessel operates in the waters of a third country or in areas of the high sea where the fishing resources are managed by an international organisation and, if the agreement with that third country or the applicable rules of that international organisation so provide, those data shall also be made available to that country or organisation.
5. 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.
6. Third country fishing vessels of 12 metres’ length overall or more and third country auxiliary fishing vessels engaged in activities ancillary to fishing activities operating in Community waters shall have installed on board a fully functioning device which allows such a vessel to be automatically located and identified by the vessel monitoring system by transmitting position data at regular intervals in the same way as Community fishing vessels.
7. Member States shall establish and operate fisheries monitoring centres, which shall monitor fishing activities and fishing effort. The fisheries monitoring centre of a particular Member State shall monitor the fishing vessels flying its flag, whatever the waters in which they are operating or the port they are in, as well as Community fishing vessels flying the flag of other Member States and fishing vessels of third countries to which a vessel monitoring system applies operating in the waters under the sovereignty or the jurisdiction of that particular Member State.
6. Third country fishing vessels of 12 metres’ length overall or more and third country auxiliary fishing vessels engaged in activities ancillary to fishing activities operating in Union waters shall have installed on board a fully functioning device which allows such a vessel to be automatically located and identified by the vessel monitoring system by transmitting position data at regular intervals in the same way as Union fishing vessels.
7. Member States shall establish and operate fisheries monitoring centres, which shall monitor fishing activities and fishing effort. The fisheries monitoring centre of a particular Member State shall monitor the fishing vessels flying its flag, whatever the waters in which they are operating or the port they are in, as well as Union fishing vessels flying the flag of other Member States and fishing vessels of third countries to which a vessel monitoring system applies operating in the waters under the sovereignty or the jurisdiction of that particular Member State.
8. Each flag Member State shall appoint the competent authorities responsible for the fisheries monitoring centre and shall take the appropriate measures to ensure that its fisheries monitoring centre has the proper staffing resources and is equipped with computer hardware and software enabling automatic data processing and electronic data transmission. Member States shall provide for back-up and recovery procedures in case of system failure. Member States may operate a joint fisheries monitoring centre.
@@ -348,11 +230,11 @@
2. Paragraph 1 shall apply:
(a)as from 31 May 2014 to Community fishing vessels of 15 metres’ length overall or more and less than 18 metres’ length overall;
(b)as from 31 May 2013 to Community fishing vessels of 18 metres’ length overall or more and less than 24 metres’ length overall;
(c)as from 31 May 2012 to Community fishing vessels of 24 metres’ length overall or more and less than 45 metres’ length overall.
(a)as from 31 May 2014 to Union fishing vessels of 15 metres’ length overall or more and less than 18 metres’ length overall;
(b)as from 31 May 2013 to Union fishing vessels of 18 metres’ length overall or more and less than 24 metres’ length overall;
(c)as from 31 May 2012 to Union fishing vessels of 24 metres’ length overall or more and less than 45 metres’ length overall.
3. Member States may use the automatic identification system data when such data are available for the purpose of cross-checking with other available data in accordance with Articles 109 and 110. For that purpose Member States shall ensure that data from the automatic identification system for fishing vessels flying their flag are available to their national fisheries control authorities.
@@ -366,7 +248,7 @@
##### Transmission of data for surveillance operations
Data from the vessel monitoring system, the automatic identification system and the vessel detection system collected in the framework of this Regulation may be transmitted to Community agencies and competent authorities of the Member States engaged in surveillance operations for the purpose of maritime safety and security, border control, protection of the marine environment and general law enforcement.
Data from the vessel monitoring system, the automatic identification system and the vessel detection system collected in the framework of this Regulation may be transmitted to Union agencies and competent authorities of the Member States engaged in surveillance operations for the purpose of maritime safety and security, border control, protection of the marine environment and general law enforcement.
#### Article 13
@@ -392,7 +274,7 @@
##### Completion and submission of the fishing logbook
1. Without prejudice to specific provisions contained in multiannual plans, masters of Community fishing vessels of 10 metres’ length overall or more shall keep a fishing logbook of their operations, indicating specifically all quantities of each species caught and kept on board above 50 kg of live-weight equivalent.
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:
@@ -406,37 +288,47 @@
(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;
(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.
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 Community fishing vessels shall also record in their fishing logbook all estimated discards above 50 kg of live-weight equivalent in volume for any species.
5. In fisheries subject to a Community regime of fishing effort, masters of Community fishing vessels shall record and account in their fishing logbooks for the time spent in an area as follows:
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>).
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:
(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;
(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.
6. Masters of Community fishing vessels shall submit the fishing logbook information as soon as possible and not later than 48 hours after landing:
(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.
6. 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.
7. To convert stored or processed fish weight into live fish weight, masters of Community fishing vessels shall apply the conversion factor established in accordance with the procedure referred to in Article 119.
8. Masters of third country fishing vessels operating in Community waters shall record the information referred to in this Article in the same way as masters of Community fishing vessels.
7. To convert stored or processed fish weight into live fish weight, masters of Union fishing vessels shall apply the conversion factor established in accordance with the procedure referred to in Article 119.
8. Masters of third country fishing vessels operating in Union waters shall record the information referred to in this Article in the same way as masters of Union fishing vessels.
9. The accuracy of the data recorded in the fishing logbook shall be the responsibility of the master.
@@ -446,25 +338,25 @@
##### Electronic completion and transmission of fishing logbook data
1. Masters of Community fishing vessels of 12 metres’ length overall or more shall record by electronic means the information referred to in Article 14, and shall send it by electronic means to the competent authority of the flag Member State at least once a day.
2. Masters of Community fishing vessels of 12 metres’ length overall or more shall send the information referred to in Article 14 at the request of the competent authority of the flag Member State, and shall in any event transmit the relevant fishing logbook data after the last fishing operation has been completed and before entering port.
1. Masters of Union fishing vessels of 12 metres’ length overall or more shall record by electronic means the information referred to in Article 14, and shall send it by electronic means to the competent authority of the flag Member State at least once a day.
2. Masters of Union fishing vessels of 12 metres’ length overall or more shall send the information referred to in Article 14 at the request of the competent authority of the flag Member State, and shall in any event transmit the relevant fishing logbook data after the last fishing operation has been completed and before entering port.
3. Paragraph 1 shall apply:
(a)as from 1 January 2012 to Community fishing vessels of 12 metres’ length overall or more and less than 15 metres’ length overall;
(b)as from 1 July 2011 to Community fishing vessels of 15 metres’ length overall or more and less than 24 metres’ length overall; and
(c)as from 1 January 2010 to Community fishing vessels of 24 metres’ length overall or more.
4. A Member State may exempt masters of Community fishing vessels of less than 15 metres’ length overall flying its flag from paragraph 1 if they:
(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
(c)as from 1 January 2010 to Union fishing vessels of 24 metres’ length overall or more.
4. 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.
5. Masters of Community fishing vessels that electronically record and report data on their fishing activities shall be exempt from the obligation to complete a paper fishing logbook, a landing declaration and a transhipment declaration.
5. Masters of Union fishing vessels that electronically record and report data on their fishing activities shall be exempt from the obligation to complete a paper fishing logbook, a landing declaration and a transhipment declaration.
6. Member States may conclude bilateral agreements on the use of electronic reporting systems on vessels flying their flags within the waters under their sovereignty or jurisdiction. The vessels falling within the scope of such agreements shall be exempt from completing a paper fishing logbook within those waters.
@@ -490,7 +382,7 @@
##### Prior notification
1. Masters of Community 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:
1. 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;
@@ -500,11 +392,11 @@
(d)the estimated date and time of arrival at port;
(e)the quantities of each species recorded in the fishing logbook;
(f)the quantities of each species to be landed or transhipped.
2. When a Community fishing vessel intends to enter a port in a Member State other than the flag Member State, the competent authorities of the flag Member State shall immediately upon receipt forward the electronic prior notification to the competent authorities of the coastal Member State.
(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.
2. When a Union fishing vessel intends to enter a port in a Member State other than the flag Member State, the competent authorities of the flag Member State shall immediately upon receipt forward the electronic prior notification to the competent authorities of the coastal Member State.
3. The competent authorities of the coastal Member State may give permission to an earlier entry at port.
@@ -518,7 +410,7 @@
##### Prior notification of landing in another Member State
1. Masters of Community fishing vessels which are not under the obligation to record fishing logbook data electronically pending the entry into force of the provisions referred to in Article 15(3) and who intend to use port or landing facilities in a coastal Member State other than their flag Member State shall notify the competent authorities of the coastal Member State at least four hours before the estimated time of arrival at the port of the information referred to in Article 17(1).
1. Masters of Union fishing vessels which are not under the obligation to record fishing logbook data electronically pending the entry into force of the provisions referred to in Article 15(3) and who intend to use port or landing facilities in a coastal Member State other than their flag Member State shall notify the competent authorities of the coastal Member State at least four hours before the estimated time of arrival at the port of the information referred to in Article 17(1).
2. The competent authorities of the coastal Member State may give permission to an earlier entry.
@@ -532,17 +424,17 @@
##### Transhipment operations
1. Transhipments at sea shall be prohibited in Community waters. They shall be allowed only subject to an authorisation and to the conditions laid down in this Regulation in ports or places close to the shore of Member States designated for this purpose, and in accordance with the conditions laid down in Article 43(5).
1. Transhipments at sea shall be prohibited in Union waters. They shall be allowed only subject to an authorisation and to the conditions laid down in this Regulation in ports or places close to the shore of Member States designated for this purpose, and in accordance with the conditions laid down in Article 43(5).
2. If the transhipment operation is interrupted, permission may be required before the transhipment operation is resumed.
3. For the purposes of this Article, relocation, pair trawling activities and fishing operations involving joint action by two or more Community fishing vessels shall not be considered as transhipment.
3. For the purposes of this Article, relocation, pair trawling activities and fishing operations involving joint action by two or more Union fishing vessels shall not be considered as transhipment.
#### Article 21
##### Completion and submission of the transhipment declaration
1. Without prejudice to specific provisions contained in multiannual plans, masters of Community fishing vessels of 10 metres’ length overall or more involved in a transhipment operation shall complete a transhipment declaration, indicating specifically all quantities of each species transhipped or received above 50 kg of live-weight equivalent.
1. Without prejudice to specific provisions contained in multiannual plans, masters of Union fishing vessels of 10 metres’ length overall or more involved in a transhipment operation shall complete a transhipment declaration, indicating specifically all quantities of each species transhipped or received above 50 kg of live-weight equivalent.
2. The transhipment declaration referred to in paragraph 1 shall contain at least the following information:
@@ -550,7 +442,7 @@
(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;
(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;
@@ -574,17 +466,17 @@
##### Electronic completion and transmission of transhipment declaration data
1. Masters of Community fishing vessels of 12 metres’ length overall or more shall record by electronic means the information referred to in Article 21 and shall send it by electronic means to the competent authority of the flag Member State within 24 hours after completion of the transhipment operation.
1. Masters of Union fishing vessels of 12 metres’ length overall or more shall record by electronic means the information referred to in Article 21 and shall send it by electronic means to the competent authority of the flag Member State within 24 hours after completion of the transhipment operation.
2. Paragraph 1 shall apply:
(a)as from 1 January 2012 to Community fishing vessels of 12 metres’ length overall or more and less than 15 metres’ length overall;
(b)as from 1 July 2011 to Community fishing vessels of 15 metres’ length overall or more and less than 24 metres’ length overall; and
(c)as from 1 January 2010 to Community fishing vessels of 24 metres’ length overall or more.
3. A Member State may exempt masters of Community fishing vessels of less than 15 metres’ length overall flying its flag from paragraph 1 if they:
(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
(c)as from 1 January 2010 to Union fishing vessels of 24 metres’ length overall or more.
3. 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
@@ -592,7 +484,7 @@
4. The competent authorities of a coastal Member State shall accept electronic reports received from the flag Member State containing the data from fishing vessels referred to in paragraphs 1 and 2.
5. When a Community fishing vessel tranships its catches in a Member State other than the flag Member State, the competent authorities of the flag Member State shall immediately upon receipt forward the transhipment declaration data by electronic means to the competent authorities of the Member State where the catch was transhipped and where the catch is destined.
5. When a Union fishing vessel tranships its catches in a Member State other than the flag Member State, the competent authorities of the flag Member State shall immediately upon receipt forward the transhipment declaration data by electronic means to the competent authorities of the Member State where the catch was transhipped and where the catch is destined.
6. A Member State may oblige or authorise masters of fishing vessels flying its flag as of 1 January 2010 to electronically record and transmit the data referred to in Article 21.
@@ -602,7 +494,7 @@
##### Completion and submission of the landing declaration
1. Without prejudice to specific provisions contained in multiannual plans, the master of a Community fishing vessel of 10 metres’ length overall or more, or his representative, shall complete a landing declaration, indicating specifically all quantities of each species landed.
1. Without prejudice to specific provisions contained in multiannual plans, the master of a Union fishing vessel of 10 metres’ length overall or more, or his representative, shall complete a landing declaration, indicating specifically all quantities of each species landed.
2. The landing declaration referred to in paragraph 1 shall contain at least the following information:
@@ -610,11 +502,11 @@
(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;
(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.
3. The master of a Community 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:
3. 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
@@ -628,25 +520,25 @@
##### Electronic completion and transmission of landing declaration data
1. The master of a Community fishing vessel of 12 metres’ length overall or more, or his representative, shall record by electronic means the information referred to in Article 23, and shall send it by electronic means to the competent authority of the flag Member State within 24 hours after completion of the landing operation.
1. The master of a Union fishing vessel of 12 metres’ length overall or more, or his representative, shall record by electronic means the information referred to in Article 23, and shall send it by electronic means to the competent authority of the flag Member State within 24 hours after completion of the landing operation.
2. Paragraph 1 shall apply:
(a)as from 1 January 2012 to Community fishing vessels of 12 metres’ length overall or more and less than 15 metres’ length overall;
(b)as from 1 July 2011 to Community fishing vessels of 15 metres’ length overall or more and less than 24 metres’ length overall; and
(c)as from 1 January 2010 to Community fishing vessels of 24 metres’ length overall or more.
3. A Member State may exempt masters of Community fishing vessels of less than 15 metres’ length overall flying its flag from paragraph 1 if they:
(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
(c)as from 1 January 2010 to Union fishing vessels of 24 metres’ length overall or more.
3. 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.
4. When a Community fishing vessel lands its catches in a Member State other than the flag Member State, the competent authorities of the flag Member State shall immediately upon receipt forward the landing declaration data by electronic means to the competent authorities of the Member State where the catch was landed.
5. The master of a Community fishing vessel, or his representative, who records by electronic means the information referred to in Article 23 and who lands his catch in a Member State other than the flag Member State shall be exempt from the requirement to submit a paper landing declaration to the coastal Member State.
4. When a Union fishing vessel lands its catches in a Member State other than the flag Member State, the competent authorities of the flag Member State shall immediately upon receipt forward the landing declaration data by electronic means to the competent authorities of the Member State where the catch was landed.
5. The master of a Union fishing vessel, or his representative, who records by electronic means the information referred to in Article 23 and who lands his catch in a Member State other than the flag Member State shall be exempt from the requirement to submit a paper landing declaration to the coastal Member State.
6. A Member State may oblige or authorise masters of fishing vessels flying its flag as of 1 January 2010 to electronically record and transmit the data referred to in Article 23.
@@ -698,7 +590,7 @@
##### Fishing effort report
1. When the Council so decides for Community 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 Community 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:
1. 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;
@@ -758,9 +650,9 @@
1. Each flag Member State shall record all relevant data, in particular data referred to in Articles 14, 21, 23, 28 and 62, on fishing opportunities as referred to in this Chapter, expressed both in terms of landings and, where appropriate, fishing effort, and shall keep the originals of those data for a period of three years or longer in accordance with national rules.
2. Without prejudice to specific rules laid down in Community 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; and
2. 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.
@@ -768,13 +660,13 @@
4. Each flag Member State shall notify the Commission by electronic means, before the end of the first month of each calendar quarter, of the quantities of stocks in aggregated form other than those mentioned in paragraph 2 landed during the preceding quarter.
5. All catches of a stock or a group of stocks subject to quota made by Community 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 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 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 (<sup>24</sup>) shall not apply to scientific research voyages during which such catches are taken.
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.
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.
8. Except for effort deployed by fishing vessels that are excluded from the application of a fishing effort regime, all fishing effort deployed by Community fishing vessels when carrying on board or, where appropriate, using a fishing gear or gears subject to a fishing effort regime or operating in a fishery subject to a fishing effort regime in a geographical area subject to that fishing effort regime shall be counted against the maximum allowable fishing effort related to such geographical area and to such fishing gear or such fishery available to the flag Member State.
8. Except for effort deployed by fishing vessels that are excluded from the application of a fishing effort regime, all fishing effort deployed by Union fishing vessels when carrying on board or, where appropriate, using a fishing gear or gears subject to a fishing effort regime or operating in a fishery subject to a fishing effort regime in a geographical area subject to that fishing effort regime shall be counted against the maximum allowable fishing effort related to such geographical area and to such fishing gear or such fishery available to the flag Member State.
9. Fishing effort deployed in the framework of scientific research by a vessel carrying a fishing gear or gears subject to a fishing effort regime or operating in a fishery subject to a fishing effort regime in a geographical area subject to that fishing effort regime shall be counted against the maximum allowable fishing effort related to such fishing gear or gears or such fishery and to such geographical area of its flag Member State if the catches taken during the deployment of this effort are marketed and sold insofar as they exceed 2 % of the fishing effort allocated. Article 12(2) of Regulation (EC) No 199/2008 shall not apply to scientific research voyages during which such catches are taken.
@@ -818,13 +710,13 @@
1. Where the Commission finds that a Member State has not complied with the obligation to notify the monthly data on fishing opportunities as provided for in Article 33(2), it may set the date on which 80 % of the fishing opportunities of that Member State are deemed to have been exhausted and it may set the estimated date on which the fishing opportunities shall be deemed to have been exhausted.
2. On the basis of the information under Article 35 or on its own initiative, where the Commission finds that fishing opportunities available to the Community, a Member State or group of Member States are deemed to have been exhausted, the Commission shall inform the Member States concerned thereof and shall prohibit fishing activities for the respective area, gear, stock, group of stocks or fleet involved in those specific fishing activities.
2. On the basis of the information under Article 35 or on its own initiative, where the Commission finds that fishing opportunities available to the Union, a Member State or group of Member States are deemed to have been exhausted, the Commission shall inform the Member States concerned thereof and shall prohibit fishing activities for the respective area, gear, stock, group of stocks or fleet involved in those specific fishing activities.
#### Article 37
##### Corrective measures
1. When the Commission has prohibited fishing because of the alleged exhaustion of the fishing opportunities available to a Member State or group of Member States or to the Community and it transpires that a Member State has not in fact exhausted its fishing opportunities, this Article shall apply.
1. When the Commission has prohibited fishing because of the alleged exhaustion of the fishing opportunities available to a Member State or group of Member States or to the Union and it transpires that a Member State has not in fact exhausted its fishing opportunities, this Article shall apply.
2. If the prejudice suffered by the Member State for which fishing has been prohibited before its fishing opportunities were exhausted has not been removed, measures shall be adopted with the aim of remedying in an appropriate manner the prejudice caused, in accordance with the procedure referred to in Article 119. These measures may involve making deductions from the fishing opportunities of any Member State which has overfished and allocating the quantities so deducted appropriately to the Member States whose fishing activities were prohibited before their fishing opportunities were exhausted.
@@ -886,7 +778,7 @@
##### Certification of engine power
1. Member States shall be responsible for certifying engine power and issuing engine certificates for Community fishing vessels whose propulsion engine power exceeds 120 kilowatts (kW), except vessels using exclusively static gear or dredge gear, auxiliary vessels and vessels used exclusively in aquaculture.
1. Member States shall be responsible for certifying engine power and issuing engine certificates for Union fishing vessels whose propulsion engine power exceeds 120 kilowatts (kW), except vessels using exclusively static gear or dredge gear, auxiliary vessels and vessels used exclusively in aquaculture.
2. A new propulsion engine, a replacement propulsion engine and a propulsion engine that has been technically modified of fishing vessels referred to in paragraph 1 shall be officially certified by the Member States’ competent authorities as not being capable of developing more maximum continuous engine power than stated in the engine certificate. Such a certificate shall only be issued if the engine is not capable of developing more than the stated maximum continuous engine power.
@@ -938,7 +830,7 @@
1. The Council may decide, when adopting a multiannual plan, on a threshold applicable to the live weight of species subject to a multiannual plan, above which a fishing vessel shall be required to land its catches in a designated port or a place close to the shore.
2. Where more than the threshold of fish as referred to in paragraph 1 is to be landed, the master of a Community fishing vessel shall ensure that such landing is only made in a designated port or a place close to the shore in the Community.
2. Where more than the threshold of fish as referred to in paragraph 1 is to be landed, the master of a Union fishing vessel shall ensure that such landing is only made in a designated port or a place close to the shore in the Union.
3. When the multiannual plan is applied in the framework of a regional fisheries management organisation, the landings or transhipments may take place in the ports of a Contracting Party or a non-contracting Cooperating Party of that organisation, in accordance with the rules laid down by that regional fisheries management organisation.
@@ -960,11 +852,11 @@
##### Separate stowage of demersal catches subject to multiannual plans
1. All catches of demersal stocks subject to a multiannual plan retained on board a Community fishing vessel of 12 metres’ length overall or more shall be placed in boxes, compartments or containers separately for each of such stocks in such a way that they are identifiable from other boxes, compartments or containers.
2. Masters of Community fishing vessels shall keep the catches of demersal stocks subject to a multiannual plan according to a stowage plan that describes the location of the different species in the holds.
3. It shall be prohibited to retain on board a Community fishing vessel in any box, compartment or container any quantity of catches of demersal stocks subject to a multiannual plan mixed with any other fisheries product.
1. All catches of demersal stocks subject to a multiannual plan retained on board a Union fishing vessel of 12 metres’ length overall or more shall be placed in boxes, compartments or containers separately for each of such stocks in such a way that they are identifiable from other boxes, compartments or containers.
2. Masters of Union fishing vessels shall keep the catches of demersal stocks subject to a multiannual plan according to a stowage plan that describes the location of the different species in the holds.
3. It shall be prohibited to retain on board a Union fishing vessel in any box, compartment or container any quantity of catches of demersal stocks subject to a multiannual plan mixed with any other fisheries product.
#### Article 45
@@ -1006,9 +898,9 @@
##### Retrieval of lost gear
1. A Community fishing vessel shall have the equipment on board to retrieve lost gear.
2. The master of a Community fishing vessel that has lost gear or part of it shall attempt to retrieve it as soon as possible.
1. A Union fishing vessel shall have the equipment on board to retrieve lost gear.
2. The master of a Union fishing vessel that has lost gear or part of it shall attempt to retrieve it as soon as possible.
3. 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:
@@ -1024,7 +916,7 @@
4. If the gear that is retrieved by the competent authorities of the Member States has not been reported as lost, these authorities may recover the cost from the master of the fishing vessel that lost the gear.
5. A Member State may exempt Community fishing vessels of less than 12 metres’ length overall flying its flag from the requirement set out in paragraph 1 if they:
5. 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
@@ -1034,10 +926,36 @@
##### Catch composition
1. If catches which have been retained on board any Community fishing vessel have been taken with nets with different minimum mesh sizes during the same voyage, the species composition shall be calculated for each part of the catch which has been taken under different conditions. To that end, all changes from the mesh size previously used as well as the catch composition on board at the moment of any such change shall be entered into the fishing logbook.
1. If catches which have been retained on board any Union fishing vessel have been taken with nets with different minimum mesh sizes during the same voyage, the species composition shall be calculated for each part of the catch which has been taken under different conditions. To that end, all changes from the mesh size previously used as well as the catch composition on board at the moment of any such change shall be entered into the fishing logbook.
2. Without prejudice to Article 44, detailed rules on the keeping on board of a stowage plan, by species, of processed products, indicating where they are located in the hold, may be adopted in accordance with the procedure referred to in Article 119.
#### Article 49a
##### Separate stowage of catches below the minimum conservation reference sizes
1. All catches below the applicable minimum conservation reference size retained on board a Union fishing vessel shall be placed in boxes, compartments or containers in such a way that they are identifiable from other boxes, compartments or containers. Those catches shall not be mixed with any other fishery products.
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;
(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.
3. In the cases referred to in paragraph 2, Member States shall monitor the catch composition by way of sampling.
#### 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
@@ -1046,7 +964,7 @@
##### Control of fishing restricted areas
1. Fishing activities of Community fishing vessels and third country fishing vessels in fishing zones where a fishing restricted area has been established by the Council shall be controlled by the fisheries monitoring centre of the coastal Member State, which shall have a system to detect and record the vessels’ entry into, transit through and exit from the fishing restricted areas.
1. Fishing activities of Union fishing vessels and third country fishing vessels in fishing zones where a fishing restricted area has been established by the Council shall be controlled by the fisheries monitoring centre of the coastal Member State, which shall have a system to detect and record the vessels’ entry into, transit through and exit from the fishing restricted areas.
2. In addition to paragraph 1, the Council shall establish a date from which the fishing vessels shall have an operational system on board which shall alert the master of the entry and exit into a fishing restricted area.
@@ -1058,7 +976,7 @@
(b)the speed during transit is not less than six knots except in case of force majeure or adverse conditions. In such cases, the master shall immediately inform the fisheries monitoring centre of the flag Member State which shall then inform the competent authorities of the coastal Member State.
5. This Article shall apply to Community fishing vessels and third country fishing vessels of 12 metres’ length overall or more.
5. This Article shall apply to Union fishing vessels and third country fishing vessels of 12 metres’ length overall or more.
## Section 3
@@ -1116,7 +1034,7 @@
##### Recreational fisheries
1. Member States shall ensure that recreational fisheries on their territory and in Community waters are conducted in a manner compatible with the objectives and rules of the common fisheries policy.
1. Member States shall ensure that recreational fisheries on their territory and in Union waters are conducted in a manner compatible with the objectives and rules of the common fisheries policy.
2. The marketing of catches from recreational fisheries shall be prohibited.
@@ -1138,14 +1056,16 @@
##### Principles for the control of marketing
1. Each Member State shall be responsible for controlling on its territory the application of the rules of the common fisheries policy at all stages of the marketing of fisheries and aquaculture products, from the first sale to the retail sale, including transport.
2. Where a minimum size has been fixed for a given species in Community legislation, operators responsible for purchasing, selling, stocking or transporting shall be able to prove the relevant geographical area of origin of the products.
1. Each Member State shall be responsible for controlling on its territory the application of the rules of the common fisheries policy at all stages of the marketing of fisheries and aquaculture products, from the first sale to the retail sale, including transport. Member States shall in particular ensure that the use of fishery products below the applicable minimum conservation reference size that are subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 is restricted to purposes other than direct human consumption.
2. Where a minimum size has been fixed for a given species in Union legislation, operators responsible for purchasing, selling, stocking or transporting shall be able to prove the relevant geographical area of origin of the products.
3. Member States shall ensure that all fisheries and aquaculture products from catching or harvesting are put into lots prior to the first sale.
4. Quantities of less than 30 kg per single species coming from the same management area from several fishing vessels may be put into lots by the producer organisation of which the operator of the fishing vessel is a member or by a registered buyer prior to the first sale. The producer organisation and the registered buyer shall keep records for at least three years on the origin of the contents of the lots in which catches of several fishing vessels are put.
5. Quantities of fishery products of several species, consisting of individuals below the applicable minimum conservation reference size coming from the same relevant geographical area and the same fishing vessel, or group of fishing vessels, may be put into lots prior to the first sale.
#### Article 57
##### Common marketing standards
@@ -1162,7 +1082,7 @@
1. Without prejudice to Regulation (EC) No 178/2002, all lots of fisheries and aquaculture products shall be traceable at all stages of production, processing and distribution, from catching or harvesting to retail stage.
2. Fisheries and aquaculture products placed on the market or likely to be placed on the market in the Community shall be adequately labelled to ensure the traceability of each lot.
2. Fisheries and aquaculture products placed on the market or likely to be placed on the market in the Union shall be adequately labelled to ensure the traceability of each lot.
3. Lots of fisheries and aquaculture products may be merged or split after first sale only if it is possible to trace them back to catching or harvesting stage.
@@ -1180,13 +1100,15 @@
(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 (<sup>25</sup>);
6. Member States shall ensure that the information listed in points (g) and (h) of paragraph 5 is available to the consumer at retail sale stage.
7. The information listed in points (a) to (f) of paragraph 5 shall not apply to fisheries and aquaculture products imported into the Community with catch certificates submitted in accordance with Regulation (EC) No 1005/2008.
(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>);
6. Member States shall ensure that the information listed in point (g) of paragraph 5 is available to the consumer at retail sale stage.
7. The information listed in points (a) to (f) of paragraph 5 shall not apply to fisheries and aquaculture products imported into the Union with catch certificates submitted in accordance with Regulation (EC) No 1005/2008.
8. Member States may exempt from the requirements set out in this Article small quantities of products sold directly from fishing vessels to consumers, provided that these do not exceed the value of EUR 50 per day. Any amendment to this threshold shall be adopted in accordance with the procedure referred to in Article 119.
@@ -1244,9 +1166,9 @@
4. Where the first marketing of fisheries products does not take place in the Member State where the products have been landed, the Member State responsible for controlling the first marketing shall ensure that a copy of the sales note is submitted, if possible electronically, to the competent authorities responsible for controlling the landing of the products concerned and to the competent authorities of the flag Member State of the fishing vessel upon receipt of the sales note.
5. When the landing takes place outside the Community 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>26</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.
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.
#### Article 63
@@ -1276,7 +1198,9 @@
(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 (carry-over, use for animal feed, for production of meal for animal feed, for bait or for non-food purposes);
(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;
@@ -1292,7 +1216,7 @@
##### Exemptions from sales notes requirements
1. The Commission, in accordance with the procedure referred to in Article 119, may grant an exemption from the obligation to submit the sales note to the competent authorities or other authorised bodies of the Member State for fisheries products landed from certain categories of Community fishing vessels of less than 10 metres’ length overall or for quantities landed of fisheries products not exceeding 50 kg of live weight equivalent by species. Such exemptions may be granted only in cases where the Member State in question has installed an acceptable sampling system, in accordance with Articles 16 and 25.
1. The Commission, in accordance with the procedure referred to in Article 119, may grant an exemption from the obligation to submit the sales note to the competent authorities or other authorised bodies of the Member State for fisheries products landed from certain categories of Union fishing vessels of less than 10 metres’ length overall or for quantities landed of fisheries products not exceeding 50 kg of live weight equivalent by species. Such exemptions may be granted only in cases where the Member State in question has installed an acceptable sampling system, in accordance with Articles 16 and 25.
2. A buyer acquiring products up to an amount of 30 kg which are not thereafter placed on the market but used only for private consumption shall be exempted from the provisions laid down in Articles 62, 63 and 64. Any amendment to this threshold shall be adopted in accordance with the procedure referred to in Article 119.
@@ -1318,7 +1242,9 @@
(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.
(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
@@ -1332,7 +1258,7 @@
##### Completion and submission of the transport document
1. Fisheries products landed into the Community, either unprocessed or after having been processed on board, for which neither a sales note nor a take-over declaration has been submitted in accordance with Articles 62, 63, 66 and 67 and which are transported to a place other than that of landing, shall be accompanied by a document drawn up by the transporter until the first sale has taken place. The transporter shall submit, within 48 hours after the loading, a transport document to the competent authorities of the Member State in whose territory the landing has taken place or other bodies authorised by it.
1. Fisheries products landed into the Union, either unprocessed or after having been processed on board, for which neither a sales note nor a take-over declaration has been submitted in accordance with Articles 62, 63, 66 and 67 and which are transported to a place other than that of landing, shall be accompanied by a document drawn up by the transporter until the first sale has taken place. The transporter shall submit, within 48 hours after the loading, a transport document to the competent authorities of the Member State in whose territory the landing has taken place or other bodies authorised by it.
2. The transporter shall be exempted from the requirement of having the transport document accompanying the fisheries products if a transport document has been transmitted electronically, before the transport begins, to the competent authorities of the flag Member State which shall, in the event that the products are transported to a Member State other than the Member State of landing, immediately upon receipt forward the transport document to the competent authorities of the Member State in whose territory the first marketing is declared to take place.
@@ -1352,7 +1278,9 @@
(e)the name(s) and address(es) of the consignee(s);
(f)the place and date of loading.
(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.
6. The competent authorities of Member States may grant exemptions from the obligation set out in paragraph 1 if the fisheries products are transported within a port area or not more than 20 km from the place of landing.
@@ -1402,7 +1330,7 @@
##### Sightings at sea and detection by Member States
1. Member States shall carry out surveillance in Community waters under their sovereignty or jurisdiction based on:
1. 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;
@@ -1432,7 +1360,7 @@
##### Control observers
1. Where a Community control observer scheme has been established by the Council, control observers on board fishing vessels shall verify the fishing vessel’s compliance with the rules of the common fisheries policy. They shall implement all the tasks of the observer scheme and in particular verify and record the vessel’s fishing activities and relevant documents.
1. Where a Union control observer scheme has been established by the Council, control observers on board fishing vessels shall verify the fishing vessel’s compliance with the rules of the common fisheries policy. They shall implement all the tasks of the observer scheme and in particular verify and record the vessel’s fishing activities and relevant documents.
2. Control observers shall be qualified for their tasks. They shall be independent of the owner, the master of the fishing vessel and any crew member. They shall not have any economic link with the operator.
@@ -1444,12 +1372,18 @@
6. In the event that the observer report indicates that the vessel observed has engaged in fishing activities contrary to the rules of the common fisheries policy, the competent authorities referred to in paragraph 4 shall take all appropriate action to investigate the matter.
7. Masters of Community fishing vessels shall provide adequate accommodation for assigned control observers, facilitate their work and avoid interference with the discharge of their duties. Masters of Community fishing vessels shall also provide control observers access to relevant parts of the vessel, including the catch, and to the vessel’s documents including electronic files.
7. Masters of Union fishing vessels shall provide adequate accommodation for assigned control observers, facilitate their work and avoid interference with the discharge of their duties. Masters of Union fishing vessels shall also provide control observers access to relevant parts of the vessel, including the catch, and to the vessel’s documents including electronic files.
8. All costs arising from the operation of control observers under this Article shall be borne by the flag Member States. Member States may charge those costs, in part or in full, to the operators of the fishing vessels flying their flags involved in the relevant fishery.
9. Detailed rules for the application of this Article may be adopted in accordance with the procedure referred to in Article 119.
#### 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
@@ -1464,7 +1398,7 @@
1. Member States shall set up and keep up to date a list of officials responsible for carrying out inspections.
2. Officials shall carry out their duties in accordance with Community law. They shall conduct inspections in a non-discriminatory manner at sea, in ports, during transport, on processing premises and during the marketing of the fisheries products.
2. Officials shall carry out their duties in accordance with Union law. They shall conduct inspections in a non-discriminatory manner at sea, in ports, during transport, on processing premises and during the marketing of the fisheries products.
3. Officials shall check in particular:
@@ -1508,7 +1442,7 @@
##### Admissibility of inspection and surveillance reports
Inspection and surveillance reports drawn up by Community 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.
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
@@ -1520,29 +1454,29 @@
#### Article 79
##### Community inspectors
1. A list of Community inspectors shall be established by the Commission in accordance with the procedure referred to in Article 119.
2. Without prejudice to the primary responsibility of the coastal Member States, Community inspectors may carry out inspections in accordance with this Regulation in Community waters, and on Community fishing vessels outside Community waters.
3. Community inspectors may be assigned for:
##### Union inspectors
1. A list of Union inspectors shall be established by the Commission in accordance with the procedure referred to in Article 119.
2. Without prejudice to the primary responsibility of the coastal Member States, Union inspectors may carry out inspections in accordance with this Regulation in Union waters, and on Union fishing vessels outside Union waters.
3. 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 Community is under an obligation to provide for controls.
4. For the accomplishment of their tasks and subject to paragraph 5, Community inspectors shall have access without delay to:
(a)all areas on board Community fishing vessels and any other vessels carrying out fishing activities, public premises or places and means of transport; and
(b)international fisheries control programmes, where the Union is under an obligation to provide for controls.
4. 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.
5. Community inspectors shall have no police and enforcement powers beyond the territory of their Member State of origin, or outside the Community waters under the sovereignty and jurisdiction of their Member State of origin.
6. When assigned as Community inspectors, officials of the Commission or of the body designated by it shall have no police and enforcement powers.
5. Union inspectors shall have no police and enforcement powers beyond the territory of their Member State of origin, or outside the Union waters under the sovereignty and jurisdiction of their Member State of origin.
6. When assigned as Union inspectors, officials of the Commission or of the body designated by it shall have no police and enforcement powers.
7. Detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 119.
@@ -1554,17 +1488,17 @@
##### Inspections of fishing vessels outside the waters of the inspecting Member State
1. Without prejudice to the primary responsibility of the coastal Member State, a Member State may inspect fishing vessels flying its flag in all Community waters outside waters under the sovereignty of another Member State.
2. 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 Community waters outside waters under the sovereignty of another Member State:
1. Without prejudice to the primary responsibility of the coastal Member State, a Member State may inspect fishing vessels flying its flag in all Union waters outside waters under the sovereignty of another Member State.
2. 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.
3. A Member State shall be authorised to inspect Community fishing vessels flying the flag of another Member State in international waters.
4. A Member State may inspect Community fishing vessels flying its own flag or the flag of another Member State in waters of third countries in accordance with international agreements.
3. A Member State shall be authorised to inspect Union fishing vessels flying the flag of another Member State in international waters.
4. A Member State may inspect Union fishing vessels flying its own flag or the flag of another Member State in waters of third countries in accordance with international agreements.
5. Member States shall designate the competent authority which shall act as the contact point for the purpose of this Article. The contact point of the Member States shall be available 24 hours a day.
@@ -1572,7 +1506,7 @@
##### Requests for authorisation
1. Requests for authorisation of a Member State to carry out inspections on fishing vessels in Community waters outside waters under its sovereignty or jurisdiction, as referred to in Article 80(2)(a), shall be decided by the coastal Member State concerned within 12 hours of the time of the request or within an appropriate period where the reason for the request is a hot pursuit commenced in the waters of the inspecting Member State.
1. Requests for authorisation of a Member State to carry out inspections on fishing vessels in Union waters outside waters under its sovereignty or jurisdiction, as referred to in Article 80(2)(a), shall be decided by the coastal Member State concerned within 12 hours of the time of the request or within an appropriate period where the reason for the request is a hot pursuit commenced in the waters of the inspecting Member State.
2. The requesting Member State shall be informed of the decision without delay. Decisions shall also be communicated to the Commission or the body designated by it.
@@ -1600,9 +1534,9 @@
##### Infringements detected outside the waters of the inspecting Member State
1. If an infringement has been detected as a result of an inspection carried out in accordance with Article 80, the inspecting Member State shall without delay submit a summary inspection report to the coastal Member State or, in case of an inspection outside Community waters, to the flag Member State of the fishing vessel concerned. A full inspection report shall be submitted to the coastal and to the flag Member State within 15 days from the time of inspection.
2. The coastal Member State or, in case of an inspection outside Community waters, the flag Member State of the fishing vessel concerned shall undertake all appropriate measures in respect of the infringement referred to in paragraph 1.
1. If an infringement has been detected as a result of an inspection carried out in accordance with Article 80, the inspecting Member State shall without delay submit a summary inspection report to the coastal Member State or, in case of an inspection outside Union waters, to the flag Member State of the fishing vessel concerned. A full inspection report shall be submitted to the coastal and to the flag Member State within 15 days from the time of inspection.
2. The coastal Member State or, in case of an inspection outside Union waters, the flag Member State of the fishing vessel concerned shall undertake all appropriate measures in respect of the infringement referred to in paragraph 1.
#### Article 84
@@ -1642,9 +1576,9 @@
#### Article 87
##### Infringement detected by Community inspectors
Member States shall undertake all appropriate measures in respect of any infringement that a Community inspector has discovered in the waters under their sovereignty or jurisdiction, or on a fishing vessel flying their flag.
##### 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
@@ -1900,24 +1834,21 @@
| Extent of overfishing relative to the permitted landings | Multiplying factor |
| --- | --- |
| Up to 5 % | Overfishing * 1,0 |
| Over 5 % up to 10 % | Overfishing * 1,1 |
| 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, 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 two years and these overfishings have 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
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;
(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
(c)the stock is subject to a multiannual plan.
3a. By way of derogation from paragraphs 2 and 3, no multiplying factor shall be applied to catches which are subject to an obligation to land in accordance with Article 15 of the Regulation (EU) No 1380/2013 of the European Parliament and of the Council (<sup>27</sup>), provided that the extent of overfishing relative to the permitted landings does not exceed 10 %.
4. 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 earlier years, the Commission, after consultation of the Member State concerned, may deduct quotas in accordance with the procedure referred to in Article 119 from future quotas of that Member State to take account of the level of overfishing.
@@ -1935,12 +1866,11 @@
| Extent of excess of available fishing effort | Multiplying factor |
| --- | --- |
| Up to 5 % | Excess* 1,0 |
| Over 5 % up to 10 % | Excess* 1,1 |
| 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.
@@ -1974,7 +1904,7 @@
(b)closure of fisheries;
(c)prohibition against Community 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;
(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;
@@ -2011,19 +1941,30 @@
2. 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;
(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.
(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.
3. The validation system shall allow the immediate identification of inconsistencies, errors and missing information in the data.
@@ -2085,9 +2026,9 @@
##### Protection of personal data
1. This Regulation leaves intact and in no way affects the level of protection of individuals with regard to the processing of personal data under the provisions of Community and national law, and in particular does not alter either the obligations of Member States relating to their processing of personal data under Directive 95/46/EC or the obligations of the Community institutions and bodies relating to their processing of personal data under Regulation (EC) No 45/2001 when fulfilling their responsibilities.
2. The rights of persons with regard to their registration data processed in national systems shall be exercised in accordance with the law of the Member State which stored their personal data, and in particular the provisions implementing Directive 95/46/EC, and, with regard to their registration data processed in Community systems, shall be exercised in accordance with Regulation (EC) No 45/2001.
1. This Regulation leaves intact and in no way affects the level of protection of individuals with regard to the processing of personal data under the provisions of Union and national law, and in particular does not alter either the obligations of Member States relating to their processing of personal data under Directive 95/46/EC or the obligations of the Union institutions and bodies relating to their processing of personal data under Regulation (EC) No 45/2001 when fulfilling their responsibilities.
2. The rights of persons with regard to their registration data processed in national systems shall be exercised in accordance with the law of the Member State which stored their personal data, and in particular the provisions implementing Directive 95/46/EC, and, with regard to their registration data processed in Union systems, shall be exercised in accordance with Regulation (EC) No 45/2001.
#### Article 113
@@ -2095,13 +2036,13 @@
1. Member States and the Commission shall take all necessary steps to ensure that the data collected and received within the framework of this Regulation shall be treated in accordance with applicable rules on professional and commercial secrecy of data.
2. The data exchanged between Member States and the Commission shall not be transmitted to persons other than those in Member States or Community institutions whose functions require them to have such access unless the Member States transmitting the data give their express consent.
2. The data exchanged between Member States and the Commission shall not be transmitted to persons other than those in Member States or Union institutions whose functions require them to have such access unless the Member States transmitting the data give their express consent.
3. The data referred to in paragraph 1 shall not be used for any purpose other than that provided for in this Regulation unless the authorities providing the data give their express consent for the use of the data for other purposes and on condition that the provisions in force in the Member State of the authority receiving the data do not prohibit such use.
4. 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 Community legislation regarding the protection of personal data;
(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;
@@ -2111,7 +2052,7 @@
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.
5. The data referred to in paragraph 1 shall benefit from the same protection as is accorded to similar data by the national legislation of Member State receiving them and by the corresponding provisions applicable to Community institutions.
5. The data referred to in paragraph 1 shall benefit from the same protection as is accorded to similar data by the national legislation of Member State receiving them and by the corresponding provisions applicable to Union institutions.
6. This Article shall not be construed as an obstacle to the use of the data, obtained pursuant to this Regulation, in the framework of legal actions or proceedings subsequently undertaken for failure to respect the rules of the common fisheries policy. The competent authorities of the Member State transmitting the data shall be informed of all the instances where those data are utilised for these purposes.
@@ -2236,81 +2177,102 @@
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.’;
‘(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.’;
(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:
‘Article 7
Assistance to the Commission and the Member States
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>28</sup>).
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:
‘Article 8
Implementation of Community obligations relating to control and inspection
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.’;
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:
‘Article 9
Implementation of specific control and inspection programmes
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.’;
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
Article 17a
Assignment of Agency officials as Community inspectors
Officials of the Agency may be assigned in international waters as Community inspectors in accordance with Article 79 of Regulation (EC) No 1224/2009.
Article 17b
Agency measures
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.
Article 17c
Cooperation
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.
Article 17d
Emergency unit
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.
Article 17e
Tasks of the emergency unit
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.
Article 17f
Multiannual work programme
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.
Article 17g
Cooperation in maritime affairs
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.
Article 17h
Detailed rules
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.’.
## ‘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
@@ -2321,29 +2283,28 @@
2. 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.’;
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.
3. In Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the northern hake stock (<sup>29</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>30</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>31</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>32</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>33</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>34</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>35</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>36</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>37</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>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.
#### Article 122
@@ -2580,30 +2541,30 @@
(<sup>23</sup>) OJ L 128, 21.5.2005, p. 1.
(<sup>24</sup>) OJ L 60, 5.3.2008, p. 1.
(<sup>25</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>26</sup>) OJ L 347, 11.12.2006, p. 1.
(<sup>27</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. 23).
(<sup>28</sup>) OJ L 343, 22.12.2009, p. 1.’;
(<sup>29</sup>) OJ L 150, 30.4.2004, p. 1.
(<sup>30</sup>) OJ L 340, 23.12.2005, p. 3.
(<sup>31</sup>) OJ L 345, 28.12.2005, p. 5.
(<sup>32</sup>) OJ L 65, 7.3.2006, p. 1.
(<sup>33</sup>) OJ L 122, 11.5.2007, p. 7.
(<sup>34</sup>) OJ L 157, 19.6.2007, p. 1.
(<sup>35</sup>) OJ L 248, 22.9.2007, p. 1.
(<sup>36</sup>) OJ L 344, 20.12.2008, p. 6.
(<sup>37</sup>) OJ L 348, 24.12.2008, p. 20.
(<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 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.
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