Regulation (EU) 2023/2842 of the European Parliament and of the Council of 22 November 2023 amending Council Regulation (EC) No 1224/2009, and amending Council Regulations (EC) No 1967/2006 and (EC) No 1005/2008 and Regulations (EU) 2016/1139, (EU) 2017/2403 and (EU) 2019/473 of the European Parliament and of the Council as regards fisheries control

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1) The objectives of the common fisheries policy and the requirements for fisheries control and enforcement are set out in Articles 2 and 36 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (3). The successful implementation of the common fisheries policy depends on an effective, efficient, modern and transparent system of control and enforcement.

(2) Council Regulation (EC) No 1224/2009 (4) established a Union fisheries control system which provides, inter alia, for fisheries monitoring centres, tracking of fishing vessels, catch reporting obligations, prior notifications, authorisations to tranship in third countries, publication of fisheries closures, control of fishing capacities, national control programmes, control of recreational fisheries, control in the supply chain of fishery and aquaculture products, weighing of fishery products, transport documents, landing declarations, sales notes and take-over declarations, inspections and audits, sanctioning of infringements and access to data.

(3) Regulation (EC) No 1224/2009 was, however, adopted prior to the adoption of Regulation (EU) No 1380/2013, for the purpose of control and enforcement of the rules of the common fisheries policy in force at the time. It should therefore be amended in order to better address the requirements for the control and enforcement of the common fisheries policy in accordance with Regulation (EU) No 1380/2013, to take advantage of modern and more cost-effective control technologies and to take into account the latest scientific findings to ensure that fishing and aquaculture activities are environmentally sustainable in the long term. The amendments should also be consistent with the Union’s international obligations, including those under the 2009 Food and Agriculture Organisation Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing approved by the Union by Council Decision 2011/443/EU (5).

(4) The Union fisheries control system should, in addition, foster fair competition between operators across Member States while also contributing to the achievement of the other objectives of the common fisheries policy.

(5) In Regulation (EC) No 1224/2009, reference should be made to the definitions in Regulation (EU) No 1380/2013 and Regulation (EU) No 1379/2013 of the European Parliament and Council (6). In the interest of clarity and consistency, some definitions in Regulation (EC) No 1224/2009 should be deleted or amended and new definitions should be added.

(6) The definition of ‘rules of the common fisheries policy’ should be amended to clarify that its scope covers all Union law in the areas of conservation, management and exploitation of marine biological resources, aquaculture, as well as processing, transport and marketing of fishery and aquaculture products. That includes rules on technical and conservation measures for marine biological resources, on management and control of Union fleets exploiting such resources, and on the processing, transport and marketing of fishery and aquaculture products, as well as the Union system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing. That definition should also cover international obligations in those areas which are binding on the Union and the Member States, including, with regard to operators, international obligations of the Union that are enforceable on them.

(7) The definition of ‘vessel monitoring system data’ should be replaced by the term ‘vessel position data’, which is more accurate. The definition of ‘vessel position data’ should no longer refer to transmission by satellite-tracking devices, as different technologies to track vessels and transmit vessel position data are now available.

(8) The definition of ‘lot’ should be aligned with the definition of ‘lot’ set out in Union food law.

(9) The definition of ‘multiannual plans’ should be updated to take into account the relevant provisions of Regulation (EU) No 1380/2013.

(10) In the definitions of ‘fishing licence’, ‘fishing restricted area’ and ‘recreational fisheries’, the term ‘living aquatic resources’ should be replaced by the term ‘marine biological resources’, in order to align those definitions with the terminology used in Regulation (EU) No 1380/2013.

(11) In order to ensure consistency with the rules on technical measures laid down in Regulation (EU) 2019/1241 of the European Parliament and of the Council (7), a definition of ‘sensitive species’ should be introduced.

(12) To better understand and prevent the adverse impacts of fishing activities on sensitive species, including to reduce or eliminate the incidental catches of those species which are threatened with extinction, the collection of data on incidental catches of sensitive species needs to be enhanced. For that purpose, additional information on incidental catches of sensitive species should be recorded in the fishing logbook.

(13) While most of the provisions of Regulation (EC) No 1224/2009 relate to catching vessels, an effective Union fisheries control system requires that in certain cases other vessels used for the commercial exploitation of marine biological resources are also covered. For that purpose, the definition of a ‘fishing vessel’ in that Regulation should be replaced by a more detailed definition which clarifies that the term covers a catching vessel as well as any other vessel used for commercial exploitation of marine biological resources, including support vessels, fish processing vessels, vessels engaged in transhipment, towing vessels, auxiliary vessels and carrier vessels used for the transportation of fishery products, but excluding container vessels and vessels used exclusively for aquaculture. In addition, a definition of ‘catching vessel’ should be introduced.

(14) A definition of ‘fishing operation’ should be introduced in order to clarify the meaning of the term and to distinguish it from the term ‘fishing activities’, which is broader in scope.

(15) Slipping is a practice whereby fish are intentionally released from fishing gear before the catch is brought on board, which could constitute an infringement of the obligation to bring and retain on board species subject to the landing obligation. Therefore, a definition of ‘slipping’ should be introduced.

(16) The provisions on fishing licences and authorisations should be updated and clarified. To ensure comprehensive control, Union fishing vessels other than catching vessels should only be permitted to carry out fishing activities if they have been authorised to do so by their flag Member State. A new provision on fishing authorisations for Union fishing vessels other than catching vessels should therefore be introduced.

(17) Abandoned, lost or otherwise discarded fishing gear, in particular those made of plastic, constitute one of the most harmful forms of marine debris, as well as of plastic waste at sea. In order to reduce the long-term and significant impact of abandoned, lost or otherwise discarded fishing gear on marine life and ecosystems, it is essential to ensure that fishing gear, at the end of its life cycle, is brought back to shore for treatment in port reception facilities established for that purpose under Directive (EU) 2019/883 of the European Parliament and the Council (8). That would also allow Member States to report to the Commission on waste fishing gear, including gear at the end of its life cycle, which they collect each year under Directive (EU) 2019/904 of the European Parliament and of the Council (9). For that purpose, provision should be made for the possibility of adopting procedures for ensuring that masters of Union fishing vessels notify their end-of-life fishing gear to the competent authorities and return it to port reception facilities or other equivalent collection systems.

(18) In order to ensure that fishing activities are environmentally sustainable in the long term, and to prevent serious risk to marine ecosystems, biodiversity and human health posed by the illegal disposal at sea of fishing gear and other gear or craft used in fishing, in particular gear made of plastic, such disposal from fishing vessels should be considered to be a serious infringement under Regulation (EC) No 1224/2009.

(19) Small-scale fisheries play an important role in the Union, from a biological, economic and social perspective. Considering the possible impacts of small-scale fisheries on stocks, it is important to ensure that fishing activities and fishing effort of smaller vessels are in compliance with the rules of the common fisheries policy. Therefore, Member States should be able to track all fishing vessels, including fishing vessels of less than 12 metres in length overall, and to receive position data from them at regular and sufficiently short intervals. To further facilitate the use of tracking systems for small-scale vessels, the Commission should develop, at the request of one or more Member States, a tracking system for vessels of less than 12 metres in length overall. However, Member States should be able to exempt certain small-scale vessels from the tracking obligation during a limited period, in order to allow sufficient time to prepare for the use of new tools for those vessels. In any event, the implementation of those measures should be balanced and proportionate to the objectives pursued and should not entail an excessive burden for the fleet, especially the small-scale fleet, which may benefit from aid under the European Maritime Fisheries and Aquaculture Fund established by Regulation (EU) 2021/1139 of the European Parliament and of the Council (10).

(20) Under Article 32(2) and Article 38(1) of Regulation (EU) 2017/2403 of the European Parliament and the Council (11), a third-country fishing vessel authorised to fish in Union waters is to comply with the control rules governing the fishing operations of Union vessels, including rules relating to the vessel monitoring system. To ensure comprehensive control, the obligation to have installed on board a fully functioning vessel monitoring device which allows a vessel to be automatically located and identified by a vessel monitoring system, which is part of those control rules, should apply to all third-country fishing vessels authorised to conduct fishing activities in Union waters, including those conducting fishing activities other than fishing operations and not falling within the scope of Regulation (EU) 2017/2403.

(21) In order to clarify the role of fisheries monitoring centres, the provisions of Regulation (EC) No 1224/2009 concerning those centres should be placed in a separate Article.

(22) For the purposes of effective fisheries control and surveillance in the Union, fisheries monitoring centres should be required to be properly staffed and equipped and to have in place at least an automatic alerts system and/or on-call-duty during non-working hours.

(23) Rules on the use of automatic identification systems (AIS) for Union fishing vessels should be specified. To take into account exceptional circumstances relating to the safety or security of the crew of a fishing vessel, a derogation from the obligation of maintaining in continuous operation the AIS referred to in Article 6a of Directive 2002/59/EC of the European Parliament and of the Council (12) should be provided for, under certain conditions.

(24) Regulation (EC) No 1224/2009 has been amended by Regulation (EU) 2015/812 of the European Parliament and of the Council (13) in order to align certain of its provisions with the landing obligation set out in Regulation (EU) No 1380/2013. In order to ensure the effectiveness of the Union fisheries control system, in particular as regards the monitoring of compliance with the landing obligation, it is necessary to equip, on the basis of a risk assessment, certain catching vessels with remote electronic monitoring (REM) systems on board. Those systems should include closed-circuit television (CCTV) cameras. CCTV data should not be live-streamed. In order to safeguard the right to privacy and the protection of personal data, recording of video material through CCTV should only be allowed in relation to the gear and those parts of the vessels where fishery products are brought on board, handled and stored or where discarding can occur. Recording activity should be limited to those situations where gear is actively operated, such as the shooting of gear or hauling or removing gear from the water, and where catch is taken on board and handled by the crew or where discarding can occur. The possibility to identify individual persons in the recorded video material should be limited to the extent possible, and where necessary the data should be anonymised. To ensure clarity and consistency, rules on access by competent authorities to data from those REM systems should be set out. Footage from CCTV should be made available exclusively for the purposes of control and inspection set out in Regulation (EC) No 1224/2009, to the authorities specified in that Regulation.

(25) To facilitate the use of REM systems on a voluntary basis, Member States should be allowed to provide incentives for that purpose.

(26) In order to achieve the objectives of the common fisheries policy, the reliability and comprehensive collection of data on catches is of the utmost importance.

(27) The submission of catch registration data in paper format has led to incomplete and unreliable reporting and ultimately to inadequate catch reporting, by operators to Member States and by Member States to the Commission, and has hampered the exchange of information between Member States. It is therefore considered necessary for masters to record data concerning catches in a digitalised way and submit them by electronic means, in particular the fishing logbooks, transhipment declarations and landing declarations.

(28) In order to facilitate the control of the implementation of multiannual plans, catches of demersal stocks subject to such plans should be stowed separately, so that the different stocks caught are easily identifiable on board the fishing vessel for inspection purposes. However, the introduction of more multiannual plans has increased the instances where, in certain circumstances, it might be difficult for masters to fulfil that obligation, due to reasons such as limited storage space on board, many species in small quantities retained on board, catches kept on board in refrigerated seawater tanks, the number of different stocks caught in a certain fishery, or out of concern for the safety of the crew. For such cases, there should be a possibility to provide for exemptions from the obligation to stow catches separately.

(29) The absence of catch reporting obligations for masters of vessels of less than 10 metres in length overall has led to incomplete and unreliable catch registration data for such vessels, as the data collection for those vessels has mainly been based on sampling plans. Therefore, it is important to require reporting of catches for all fishing vessels regardless of their size. In that way the rules will also be simplified, and compliance and control will be improved.

(30) With the aim of enhancing the effectiveness of control, it is important that the information in the fishing logbook be more detailed, and that it therefore include, in the case of catching vessels of 12 metres in length overall or more, data on the catches per fishing operation. In the case of catching vessels of less than 12 metres in length overall, the electronic fishing logbook and the transmission of information included therein should not entail a disproportionate burden on the masters of those vessels. Thus, in the case of catching vessels of less than 12 metres in length overall, masters should only be required to submit the information contained in the fishing logbook, after the last fishing operation has been completed and before the landing starts.

(31) Masters of Union catching vessels of less than 12 metres in length overall should have the possibility to complete and submit the electronic fishing logbook by simplified means.

(32) To facilitate the implementation and use of electronic fishing logbooks for all vessels, the Commission should develop, at the request of one or more Member States, a system for recording and reporting catches for catching vessels of less than 12 metres in length overall, adapted to the specific circumstances of smaller vessels.

(33) In order to enhance control of catches of sensitive species, additional information on discards of such species should be recorded in the fishing logbook.

(34) The provisions on the margin of tolerance in fishing logbook estimates of quantities of fish retained on board should be amended to address the challenges of accurately estimating on board catches by species for smaller quantities of catches, and for unsorted landings from small pelagic fisheries, industrial fisheries and tropical tuna purse seine fisheries. The same amendments should be made to the provisions on the margin of tolerance in the transhipment declaration. With regard to derogations granted for unsorted landings from small pelagic fisheries, industrial fisheries and tropical tuna purse seine fisheries, implementing powers should be conferred on the Commission to provide further details concerning uniform conditions relating to landing and weighing of fishery products in listed ports, such as the involvement of accredited independent third parties which can guarantee the accuracy of the catch reporting at landing or requirements for the sampling and weighing operations. Those conditions should ensure adequate control over such operations. The Commission should, by means of implementing acts, adopt the list of ports which fulfil those uniform conditions. The same could also apply to listing of ports in third countries, including ports designated in the framework of regional fisheries management organisations, provided that the necessary control by and cooperation with the relevant competent authorities of the third country concerned is ensured.

(35) When a catching vessel departs, it should immediately start an electronic fishing logbook and a unique fishing trip identification number should be assigned for that trip. The fishing logbook, transhipment declarations and landing declarations should include a reference to that unique fishing trip identification number to allow enhanced control and to improve the validation of the data by Member States and the traceability of fishery products in the supply chain.