Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency (codification)

CHAPTER I

OBJECTIVE AND DEFINITIONS

Article 1

Objective

Article 2

Definitions

For the purpose of this Regulation, the following definitions shall apply:

(a) ‘control’ means control as defined in Article 4, point (3), of Regulation (EC) No 1224/2009;

(aa) ‘inspection’ means inspection as defined in Article 4, point (4), of Regulation (EC) No 1224/2009;

(b) ‘means of control and inspection’ means surveillance vessels, aircraft, vehicles and other material resources as well as inspectors, observers and other human resources used by Member States for control and inspection;

(c) ‘joint deployment plan’ means a plan setting out operational arrangements for the deployment of available means of control and inspection;

(d) ‘international control and inspection programme’ means a programme that sets objectives, common priorities and procedures for control and inspection activities to implement international obligations of the Union relating to control and inspection;

(e) ‘specific control and inspection programme’ means a programme that sets objectives, common priorities and procedures for control and inspection activities established in accordance with Article 95 of Regulation (EC) No 1224/2009;

(f) ‘fishery’ means fishing activities as defined in point (28) of Article 4(1) of Regulation (EU) No 1380/2013;

(g) ‘Union inspectors’ means the inspectors included in the list referred to in Article 79 of Regulation (EC) No 1224/2009.

CHAPTER II

MISSION AND TASKS OF THE AGENCY

Article 3

Mission

The mission of the Agency shall be:

(a) to coordinate control and inspection by Member States related to the control and inspection obligations of the Union;

(b) to coordinate the deployment of the national means of control and inspection pooled by the Member States concerned in accordance with this Regulation;

(c) to assist Member States in reporting information on fishing activities and control and inspection activities to the Commission and third parties;

(d) in the field of its competences, to assist Member States to fulfil their tasks and obligations pursuant to the rules of the common fisheries policy;

(e) to assist Member States and the Commission in harmonising the application of the rules of the common fisheries policy, and thereby to contribute to the achievement of its objectives, including the sustainable exploitation of marine biological resources;

(f) to contribute to, and participate in, the work of Member States and the Commission on research into, and development of, control and inspection techniques and to develop pilot projects on research into, and development of, such techniques;

(g) to contribute to the coordination of the training of inspectors and the exchange of experience between Member States;

(h) to coordinate the operations to combat illegal, unreported and unregulated (‘IUU’) fishing in conformity with Union rules;

(i) to assist in the uniform implementation of the control system of the common fisheries policy, including in particular: — the organisation of the operational coordination of control activities by Member States for the implementation of specific control and inspection programmes, control programmes related to IUU fishing and international control and inspection programmes, — inspections as necessary to fulfil the Agency's tasks in accordance with Article 19;

(j) to cooperate with the European Border and Coast Guard Agency, established by Regulation (EU) 2016/1624 of the European Parliament and of the Council (¹), and the European Maritime Safety Agency, established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council (²), each within its mandate, to support the national authorities carrying out coast guard functions as set out in Article 8 of this Regulation, by providing services, information, equipment and training as well as by coordinating multipurpose operations;

(k) where appropriate, to cooperate with and coordinate activities with other decentralised agencies of the Union within the scope of their tasks, missions, and areas of activity;

(l) to assist the Commission in the performance of tasks assigned to the Commission in legislative acts of the Union with regard to the objectives of the Agency.

Article 4

Tasks relating to the international obligations of the Union relating to control and inspection

The Agency shall, at the Commission's request:

(a) assist the Union and Member States in their relations with third countries and regional international fisheries organisations of which the Union is a member;

(b) cooperate with the competent authorities of regional international fisheries organisations regarding the control and inspection obligations of the Union in the framework of working arrangements concluded with such bodies.

Article 5

Tasks relating to operational coordination

Article 6

Provision of contractual services to Member States

The Agency may provide contractual services to Member States, at their request, relating to control and inspection in connection with their obligations concerning fisheries in Union and/or international waters, including the chartering, operating and staffing of control and inspection platforms and the provision of observers for joint operations by the Member States concerned.

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 level of uniform and effective fulfilment of their obligations under the rules of the common fisheries policy, including as regards the fight against IUU fishing, and assist them 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 Union 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 the 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 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) at the request of the Commission or of Member States, develop common inspection methodologies and procedures;

(h) assist Member States, at their request, to comply with their Union and 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 provided for in Regulation (EC) No 1224/2009.

Article 8

European cooperation on coast guard functions

The Agency shall, in cooperation with the European Border and Coast Guard Agency and the European Maritime Safety Agency, support national authorities carrying out coast guard functions at national and Union level, and, where appropriate, at international level, by:

(a) sharing, fusing and analysing information available in ship reporting systems and other information systems hosted by or accessible to those agencies, in accordance with their respective legal bases and without prejudice to the ownership of data by Member States;

(b) providing surveillance and communication services based on state-of-the-art technology, including space-based and ground infrastructure, and sensors mounted on any kind of platform;

(c) building capacity by drawing up guidelines and recommendations and by establishing best practices as well as by providing training and exchange of staff;

(d) enhancing the exchange of information and cooperation on coast guard functions, including by analysing operational challenges and emerging risks in the maritime domain;

(e) sharing capacity by planning and implementing multipurpose operations and by sharing assets and other capabilities, to the extent that those activities are coordinated by those agencies and are agreed to by the competent authorities of the Member States concerned.

CHAPTER III

OPERATIONAL COORDINATION

Article 9

Implementation of Union obligations relating to control and inspection

Article 10

Implementation of specific control and inspection programmes

Article 11

Content of joint deployment plans

Each joint deployment plan shall:

(a) fulfil the requirements of the relevant control and inspection programme;

(b) apply the criteria, benchmarks, priorities and common inspection procedures determined by the Commission in control and inspection programmes;

(c) seek to match the existing national means of control and inspection, communicated in accordance with Article 12(2), with needs, and organise their deployment;

(d) organise the use of human and material resources, with regard to the periods and zones in which they have to be deployed, including the operation of teams of Union inspectors from more than one Member State;

(e) take account of the existing obligations of the Member States concerned in respect of other joint deployment plans, as well as any specific regional or local constraints;

(f) lay down the conditions under which the means of control and inspection of a Member State may enter waters under the sovereignty and jurisdiction of another Member State.

Article 12

Notification of means of control and inspection

Article 13

Procedure for the adoption of joint deployment plans

The interest of a Member State in a fishery shall be assessed by reference to the following criteria whose relative weighting shall depend on the specific features of each plan:

(a) the relative extent of the waters subject to its sovereignty or jurisdiction, if any, that are covered by the joint deployment plan;

(b) the quantity of fish landed on its territory in a given reference period as a proportion of the total landings from the fishery that is subject to the joint deployment plan;

(c) the relative number of Union fishing vessels flying its flag (engine power and gross tonnage) that are involved in the fishery that is subject to the joint deployment plan in relation to the total number of vessels that are involved in that fishery;

(d) the relative size of its quota allocation or, in the absence of a quota, its catch in a given reference period in respect of that fishery.

Article 14

Implementation of joint deployment plans

The Member States concerned by a joint deployment plan shall:

(a) make available the means of control and inspection that are committed for the joint deployment plan;

(b) appoint a single national point of contact/coordinator, who shall be conferred with sufficient authority to be able to respond in a timely manner to requests from the Agency that relate to the implementation of the joint deployment plan, and notify this to the Agency;

(c) deploy their pooled means of control and inspection in accordance with the joint deployment plan and the requirements referred to in paragraph 4;

(d) provide the Agency with on-line access to the information necessary for the implementation of the joint deployment plan;

(e) cooperate with the Agency regarding the implementation of the joint deployment plan;

(f) ensure that any means of control and inspection, assigned to a Union joint deployment plan, carry out their activities in accordance with the rules of the common fisheries policy.

Article 15

Assessment of joint deployment plans

The Agency shall undertake an annual assessment of the effectiveness of each joint deployment plan, as well as an analysis, on the basis of the available evidence, of the existence of a risk that fishing activities are not compliant with applicable control measures. Such assessments shall be promptly communicated to the European Parliament, the Commission and the Member States.

Article 16

Fisheries that are not subject to control and inspection programmes

Two or more Member States may request the Agency to coordinate the deployment of their means of control and inspection in relation to a fishery or an area that is not subject to a control and inspection programme. Such coordination shall take place in accordance with control and inspection criteria and priorities agreed between the Member States concerned.

Article 17

Exchange and processing of data and information

By way of derogation from paragraph 6, personal data collected or received shall not be stored for a period longer than necessary for the purposes referred to in paragraph 5 relating to:

(a) participation in, or coordination of, control and inspections; or

(b) enquiries pertaining to complaints, infringements and judicial or administrative proceedings.

In any event, the personal data referred to in the first subparagraph shall be stored for no longer than until the end of the proceedings and enquiries referred to in the first subparagraph.

If the information is retained for a period of time longer than that set out in paragraph 6 or in this paragraph, the personal data shall be anonymised.

Article 18

Detailed rules

Detailed rules for the implementation of this Chapter may be adopted in accordance with the procedure referred to in Article 47(2) of Regulation (EU) No 1380/2013.

Those rules may cover, in particular, the procedures for the preparation and adoption of draft joint deployment plans.

CHAPTER IV

COMPETENCES OF THE AGENCY

Article 19

Assignment of Agency officials as Union inspectors

Officials of the Agency may be assigned as Union inspectors in accordance with Article 79 of Regulation (EC) No 1224/2009.

Article 20

Agency measures

The Agency shall, where appropriate:

(a) issue manuals on harmonised standards of inspections;

(b) develop guidance material reflecting best practice in relation to control of the common fisheries policy, including on the training of control officials, and update such material on a regular basis;

(c) provide the Commission with the necessary technical and administrative support to carry out its tasks.

Article 21

Cooperation

Article 22

Emergency unit

Article 23

Tasks of the emergency unit

Article 24

Multiannual work programme

Article 25

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 Administrative Board thereof at an early stage of such negotiations.

Article 26

Detailed rules

Detailed rules for the implementation of this Chapter shall be adopted in accordance with the procedure referred to in Article 47(2) of Regulation (EU) No 1380/2013.

Those rules may cover, in particular, the drawing-up of plans for response to emergencies, the establishment of the emergency unit and the practical procedures to be applied.

CHAPTER V

INTERNAL STRUCTURE AND FUNCTIONING

Article 27

Legal status and principal office

Article 28

Staff

The Agency may also employ officials seconded by Member States on a temporary basis.

Article 29

Privileges and immunities

The Protocol on the Privileges and Immunities of the European Union shall apply to the Agency.

Article 30

Liability

Article 31

Languages

Article 32

Creation and powers of the Administrative Board

The Administrative Board shall:

(a) appoint and dismiss the Executive Director pursuant to Article 39;

(b) adopt,  by 1 July each year, the general report of the Agency for the previous year, and submit it to the European Parliament, the Council, the Commission, the Court of Auditors and the Member States. The report shall be made public;

(c) adopt, by 30 November each year, the single programming document, containing, inter alia, the Agency’s multiannual programming and annual programming for the following year. The single programming document shall contain the priorities of the Agency. It shall give priority to the duties of the Agency relating to control and inspection programmes. It shall be adopted without prejudice to the annual Union budgetary procedure. The single programming document shall be adopted taking into account the opinion of the Commission and, as regards the multiannual programming, after having consulted the European Parliament and the Council. The Administrative Board shall forward the document to the European Parliament, to the Council and to the Commission without delay;

(d) adopt the final budget of the Agency before the beginning of the financial year, adjusting it, where necessary, according to the Union contribution and any other revenue of the Agency;

(e) perform its duties in relation to the Agency's budget in accordance with Articles 44, 45 and 47;

(f) exercise disciplinary authority over the Executive Director;

(g) establish its rules of procedure which may provide for the establishment of sub-committees of the Administrative Board as necessary;

(h) adopt procedures necessary for the performance by the Agency of its tasks;

(i) ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti-Fraud Office (OLAF).

Article 33

Composition of the Administrative Board

Article 34

Chairing of the Administrative Board

Article 35

Meetings

Article 36

Voting

Article 37

Declaration of interests