LegalizeCommission Regulation (EU) No 86/2010 of 29 January 2010 amending Annex I to Council Regulation (EC) No 1005/2008 as regards the definition of fishery products and amending Commission Regulation (EC) No 1010/2009 as regards exchange of information on inspections of third country vessels and administrative arrangements on catch certificates
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the European Union and to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (1), in particular Articles 9(1), 12(5), 51(3) and 52 thereof,
Whereas:
(1) Regulation (EC) No 1005/2008 applies to fishery products falling under the definition given in its Article 2. Annex I to that Regulation lists the products excluded from the definition of fishery products. That list may be reviewed each year and should now be amended on the basis of new information gathered under the administrative cooperation with third countries provided for in Article 20(4) of Regulation (EC) No 1005/2008.
(2) Commission Regulation (EC) No 1010/2009 of 22 October 2009 laying down detailed rules for the implementation of Regulation (EC) No 1005/2008 sets, inter alia, benchmarks for the conduct of port inspections by Member States (2). In order for Member States to implement the inspection benchmarks set out in Article 4(c) and (d) of that Regulation, information on inspections of third country vessels should be transmitted electronically to the Commission who shall make that information available to other Member States.
(3) Administrative arrangements by which catch certificates are established, validated or submitted by electronic means or replaced by electronic traceability systems ensuring the same level of control by authorities are to be listed in Annex IX to Regulation (EC) No 1010/2009. Since new administrative arrangements on catch certificates have been agreed, that Annex should be updated.
(4) Regulations (EC) No 1005/2008 and 1010/2009 should be amended accordingly.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EC) No 1005/2008
Annex I to Regulation (EC) No 1005/2008 is amended as set out in Annex I to this Regulation.
Article 2
Amendments to Regulation (EC) No 1010/2009
Regulation (EC) No 1010/2009 is amended as follows:
In Article 4, the following paragraph is added:
‘In respect of points (c) and (d) of the first paragraph, Member States shall without delay report to the Commission the name and the flag of the third country vessel inspected and the date of inspection. The Commission shall make this information available to other Member States.’
Annex IX is amended as set out in Annex II to this Regulation.
Article 3
Entry into force
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 January 2010.
For the Commission The President José Manuel BARROSO