Commission Implementing Regulation (EU) 2024/1474 of 24 May 2024 laying down rules for the application of Article 14(4), point (a), of the Council Regulation (EC) No 1224/2009 as regards derogation from the margin of tolerance in estimating catches for unsorted landings and transhipments from small pelagic, industrial and tropical tuna purse seiners fisheries

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1), in particular Article 14(6) thereof,

Whereas:

(1) Article 14(3) of Regulation (EC) No 1224/2009 (hereafter referred to as ‘the Control Regulation’) provides for rules and measures on the permitted margin of tolerance in estimates recorded in the fishing logbook of quantities in kilograms of fish retained on board of fishing vessels.

(2) In order to address the challenges of accurately estimating catches on board by species, Article 14(4), point (a), of the Control Regulation, as amended by Regulation (EU) 2023/2842 of the European Parliament and of the Council (2), provides for a derogation from the existing margin of tolerance that may be granted for unsorted landings from small pelagic fisheries, industrial fisheries, and tropical tuna purse seine fisheries. The same derogation applies to estimates recorded in the transhipment declaration, in accordance with Article 21(3) of the Control Regulation.

(3) Such derogation may only be granted if the species caught in those fisheries are landed or transhipped in listed ports based on applications submitted by Member States. The weighing of those catches should also be conducted in accordance with certain uniform conditions to ensure the accuracy of catch reporting. It is therefore necessary to lay down rules on conditions pertaining to the landing, transhipment, and weighing of catches covered by that derogation and on the listing of ports in which the landing, transhipment, and weighing of catches of fisheries covered by Article 14(4), point (a), of the Control Regulation is to take place.

(4) Rules on conditions pertaining to the landing, transhipment, and weighing of catches covered by Article 14(4), point (a), of the Control Regulation should distinguish between specific fisheries, as well as between Union and third country ports, particularly for the exercise of powers of control and inspection, for which cooperation with the competent authorities of the third country concerned may be necessary. For listed ports within the Union, requirements should be set for the adoption of systems, equipment, and procedures necessary to ensure the accuracy of weighing and catch reporting at landing.

(5) As derogation to the margin of tolerance introduces significant risks concerning the accurate recording and reporting of catches, safeguard measures are necessary, which should include the use of remote electronic monitoring systems with CCTV cameras or other equivalent technology to ensure control of the conditions related to the landing, transhipment and weighing of catches covered by the derogation to the margin of tolerance.

(6) The processing, exchange, cross-checking and storage by the competent authorities of Member States of data collected through the use of such systems and technology for control purposes set out in this Regulation should comply with the rules laid down in the Control Regulation, including relevant rules on the protection of personal data. The remote electronic monitoring systems or other equivalent technology used for the purposes of this Regulation should therefore be operated in a way that excludes images and identification of natural persons in recorded video material. To this end, those systems and technology should be positioned in such a way to allow monitoring only of the specific parts of the vessels and areas, systems, or facilities where the landing, transhipment and weighing of catches covered by the derogation to the margin of tolerance specified in Article 14(4), point (a), and Article 21(3) of the Control Regulation occur. In cases where the images of natural persons are nonetheless recorded and detected in a way that those natural persons are directly or indirectly identifiable, their images should be anonymized without undue delay.

(7) To ensure that weighing operations in listed ports provide accurate weighing results, accredited independent third-party weighers should be responsible for weighing all catches of fisheries covered by the derogation from the margin of tolerance. In Union ports, coastal Member States may provide for the use of alternative means to ensure the accuracy of weighing and catch reporting. Such alternative means could not be extended by default to ports listed in the territory of a third country, as they would entail the compulsory involvement or use of national authority or certain control tools.

(8) For Union fishing vessels landing or transhipping in third country ports, no derogation to the margin of tolerance should be allowed if the levels of control and resources needed to ensure the accuracy of catch reporting are not available in such ports, or if non-sustainable fishing and illegal, unreported, and unregulated (IUU) fishing occur in relation to the third country.

(9) The listing of ports should be subject to the submission of appropriate evidence proving that the conditions laid down in this Regulation for the application of the derogation under Article 14(4), point (a), of the Control Regulation are met.

(10) It is also necessary to lay down the procedure for the inclusion and removal of a port from the list of ports to be adopted by the Commission, including time limits for the submission of applications for the listing of ports, their content and the assessment to be carried out by the Commission.

(11) To ensure adequate control of the derogation from the permitted margin of tolerance in listed ports, it is necessary to lay down additional conditions for masters of Union fishing vessels, coastal Member States and flag Member States. These conditions should concern aspects related to landing, transhipment, weighing, and registration of catches of fisheries covered by the derogation, such as the use of certified weighing systems that electronically report data, sampling plans, and monitoring requirements for weighing operations. These conditions should also incorporate safeguards, additional control and inspection measures and reporting obligations for Member States.

(12) It is necessary to establish minimum and harmonized levels of inspections in view of the negative consequences, including serious misreporting, that could stem from non-compliance with the conditions to be established for the derogation to the margin of tolerance laid down by this Regulation. These inspection levels should be consistent with the approach already followed by the Union and its Member States under the rules of the CFP, such as in the context of Commission Implementing Regulation (EU) No 404/2011 (3), as well as under the rules adopted by regional fisheries management organizations that are binding upon the Union, including those on port inspection set out in Regulation (EU) 2022/2343 of the European Parliament and of the Council (4) laying down management, conservation and control measures applicable in the Indian Ocean.

(13) According to Article 14(4), point (a), of the Control Regulation, only fishing vessels that comply with the conditions set out in this Regulation can benefit from the derogation to the margin of tolerance. To ensure the necessary control of these conditions, Member States should draw up a list of the fishing vessels flying their flag that comply with the conditions laid down by this Regulation. Such list should be kept updated in particular in case of non-compliance of such conditions by a vessel. Member States should also ensure that appropriate follow-up measures are taken against the individuals or entities responsible for non-compliance with these conditions. In order to ensure transparency and allow national control authorities of listed ports to know which vessels could benefit from the derogation to the margin of tolerance, such list should be made available to all Member States and the Commission.

(14) The conditions set out in this Regulation should apply without prejudice to the conditions and requirements on landing, weighing, and transhipment, as well as other rules of the common fisheries policy, as defined in Article 4(2) of the Control Regulation, including applicable international obligations adopted by regional fisheries management organizations, as well as those adopted in the context of sustainable fisheries partnership agreements or other fisheries agreements concluded by the Union with third countries.

(15) The Committee for Fisheries and Aquaculture has not delivered an opinion within the time limit laid down by its chair.

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

(a) the listing of Union and third country ports in which the landing, transhipment, and weighing of catches of fisheries covered by Article 14(4), point (a), of the Control Regulation is to take place if the derogation from the margin of tolerance under that Article is applied; and

(b) the landing, transhipment, and weighing of catches of fisheries covered by Article 14(4), point (a), of the Control Regulation to ensure accurate catch reporting, as well as the necessary control and safeguards to be complied with if the derogation from the margin of tolerance in ports listed under Article 14(6) of the Control Regulation is applied.

CHAPTER II

CONDITIONS FOR LISTING OF PORTS

SECTION 1

Union ports

Article 2

Conditions for weighing systems, equipment and control tools

(a) a remote electronic monitoring system with closed-circuit television (CCTV) cameras allowing the competent authorities of the coastal Member State to monitor the landing, transhipment, and weighing of all catches of fisheries covered by Article 14(4), point (a), of the Control Regulation;

(b) a weighbridge or a crane weighing system to be used for the weighing of all catches of fisheries covered by Article 14(4), point (a), of the Control Regulation;

(c) one or more water separators to enable dewatering of catches at landing prior to their weighing for fisheries referred to in Article 15(1), point (a), first and third indents of Regulation (EU) No 1380/2013; and

(d) an automated or semi-automated sampling chute accessible by both operators and inspectors to ensure the impartiality of samples taken in accordance with applicable sample weighing procedures for fisheries referred to in Article 15(1), point (a), first and third indents of Regulation (EU) No 1380/2013.

For the identification of the equivalent technology or system, aspects such as the dimensions of the port, its seasonal use, the small quantities of catches landed, and the content of a control plan or common control programme approved by the Commission may be taken into account.

Article 3

Specific conditions for accurate weighing

(a) control of the competent authorities of the coastal Member State, which shall fully monitor the accuracy of the weighing of each landing and transhipment of catches of fisheries covered by Article 14(4), point (a);

(b) responsibility of independent third-party weighers, subject to the conditions set in paragraphs 3 and 4; or

(c) responsibility of other natural or legal persons responsible for weighing, subject to the conditions set in paragraph 5.

(a) be accredited in accordance with ISO 17020 type A or more stringent standards that confirm the independence of the third-party weigher;

(b) be authorised by the competent authority of the coastal Member State;

(c) be impartial, free from any conflict of interest, and in particular refrain from involvement in situations which may, directly or indirectly, affect the impartiality of their professional conduct as regards the exercise of their tasks;

(d) maintain a record of calibration of the systems used for the weighing, including a copy of calibration certificates;

(e) have qualified staff with adequate training applied in their area of competence, including support staff, as appropriate; and

(f) have access to the infrastructure and equipment to carry out the tasks assigned to them.

SECTION 2

Third country ports

Article 4

General conditions

A third country port may only be listed if:

(a) it is located in the territory of a Contracting Party to the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal Unreported and Unregulated Fishing (6);

(b) it is not located in the territory of a country identified or notified of the possibility of being identified as a non-cooperating third country, in accordance with Chapter VI of Council Regulation (EC) No 1005/2008 (7);

(c) it is not located in the territory of a country identified as allowing non-sustainable fishing pursuant to Article 4(1), point (a), of Regulation (EU) No 1026/2012 of the European Parliament and of the Council (8); and

(d) it is a designated port for landing activities under SFPAs or other bilateral agreements concluded by the Union and third countries or within the framework of RFMOs, where applicable.

Article 5

Specific conditions for accurate weighing

(a) the accurate weighing of all catches of fisheries referred to in Article 14(4), point (a), of the Control Regulation, when landed or transhipped in its port;

(b) that the weighing referred to in point (a) is carried out under the responsibility of an independent third-party weigher complying with the minimum requirements set out in paragraph 2; and

(c) that the independent third-party weighers complete a weighing record for each landing and transhipment of catches of fisheries referred to in Article 14(4), point (a), of the Control Regulation and transmit it to the operator and to the competent authorities of the flag Member State of the relevant fishing vessel.

(a) be accredited in accordance with ISO 17020 type A or any other equivalent or more stringent standards that confirm the independence of the third-party weigher;

(b) be authorised to the task of accurately weighing and registering catches by the competent authority of the flag Member State;