LegalizeCommission Delegated Regulation (EU) 2025/1766 of 27 August 2025 supplementing Council Regulation (EC) No 1224/2009 by laying down rules on the control of fisheries and on the surveillance and inspection of fishing activities, enforcement and compliance
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 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 (1), and in particular Article 9a(5), Article 15b(1)(a), (b) and (c), Article 17(6)(b), (c) and (d), Article 22(3), Article 24(4)(b), (c) and (d), Article 73(9)(b) to (g), Article 74(11), Article 75(2), Article 92(12)(a), (c) and (d), and Article 107(4) thereof,
Whereas:
(1) Regulation (EC) No 1224/2009, as amended by Regulation (EU) 2023/2842 of the European Parliament and of the Council (2), provides for the adoption of specific rules and measures to supplement certain provisions it sets out. This Regulation updates existing rules as well as establishes new measures that supplement the provisions of Regulation (EC) No 1224/2009 on the basis of the empowerments contained in the amendments introduced by Regulation (EU) 2023/2842.
(2) The rules provided for by this Regulation are substantively linked, and many are intended to be applied in tandem. In the interests of simplicity, as well as to facilitate their application and to avoid a multiplication of rules, they should therefore be laid down in a single act rather than in a number of separate acts with many cross-references and the risk of duplication.
(3) With a view to ensuring a coherent application of the rules provided for by this Regulation, the establishment of certain definitions is necessary. This refers, in particular, to the definition of ‘vessel monitoring device’, which reflects the changes introduced by Regulation (EU) 2023/2842 to Regulation (EC) No 1224/2009 concerning the use of non-satellite tracking devices, which enable fishing vessels to be automatically located and identified by a vessel monitoring system in accordance with Article 9 of Regulation (EC) No 1224/2009.
(4) To ensure the effective monitoring of fishing activities and fishing effort by fisheries monitoring centres (FMC), in accordance with Article 9a of Regulation (EC) No 1224/2009, it is appropriate to lay down detailed rules on the monitoring of entry into and exit from specific areas, as well as provisions to address technical or communication failure or non-functioning of the vessel monitoring device and the non-receipt of vessel position data.
(5) To ensure the effective application of the catch recording and reporting obligations set out in Articles 14, 17, 19a, 21, and 23 of Regulation (EC) No 1224/2009, it is appropriate to lay down detailed rules applicable in the event of technical failure or non-functioning of the electronic recording and reporting system, the non-receipt of relevant data, and the data access failures.
(6) Article 73 of Regulation (EC) No 1224/2009 sets out rules on control observers, including provisions applicable where a Union control observer scheme has been established. These rules should be supplemented by additional provisions concerning the independence, duties, and security of control observers.
(7) According to Chapter I of Title VII of Regulation (EC) No 1224/2009, rules should be established to ensure a standardised approach on the conduct of inspections carried out by Member States. These rules define the duties of officials authorised to perform inspections, as well as the obligations of operators, including those responsible for the weighing of fishery products under Article 60(5) of Regulation (EC) No 1224/2009, during such inspections. It is also necessary to lay down common principles for inspection procedures carried out at sea, in ports or landing sites, during transport, at marketplaces, for fishing gear at sea, for fishing activities conducted without a vessel, at bluefin tuna farms, in recreational fisheries, and regarding inspection reports and their transmission.
(8) Article 74 of Regulation (EC) No 1224/2009 lays down rules governing the conduct of inspections, including provisions on the training required to carry out inspection tasks and the need for coordination with other authorities when officials have reason to believe that a fishing vessel has engaged in activities involving forced labour. To ensure compliance with the rules of the common fisheries policy and to enable the prompt investigation of such activities, which constitute a serious infringement under Article 90(2)(p) of Regulation (EC) No 1224/2009, rules on the conduct of inspections for the detection of fishing activities with the use of forced labour should be established.
(9) Article 92(1) of Regulation (EC) No 1224/2009 obliges Member States to set up a point system for serious infringements under the Regulation, where the accumulation of points would lead to the suspension or permanent withdrawal of the fishing licence. Article 92 also provides that rules should be established concerning the follow-up to the suspension or permanent withdrawal of a fishing licence or the right to command a fishing vessel as a master, to promote a level playing field and a culture of compliance both within and beyond the Union.
(10) Article 92(4) of Regulation (EC) No 1224/2009 requires Member States to establish a point system under which the master of a vessel is assigned the same number of points as the holder of the fishing licence, as a result of a serious infringement related to the vessel and committed during the period of his or her command, in accordance with Annex III of that Regulation. To ensure the harmonised and effective application of point system for masters across Member States, including any follow-up measures related to the suspension or permanent withdrawal of the master’s right to command a fishing vessel, detailed rules should be established for the registration of masters authorised to carry out fishing activities and for the recording of points assigned to them.
(11) Article 107 of Regulation (EC) No 1224/2009 provides for deduction of quotas by the Commission in cases of failure by Member States to comply with the rules of the common fisheries policy which may lead to a serious threat to the conservation of stocks subject to fishing opportunities or a fishing effort regime. Rules should therefore be laid down regarding the deduction of quotas, including the determination of the quantities to be deducted.
(12) Personal data collected and processed for control purposes under this Regulation shall comply with the data protection rules set out in Article 112 of Regulation (EC) No 1224/2009.
(13) The provisions of Regulation (EC) No 1224/2009 that this Regulation supplements start applying from 10 January 2026. Therefore, this Regulation should also start applying from the same date on.
(14) Experts designated by each Member State were consulted in accordance with Article 119a(4) of Regulation (EC) No 1224/2009.
(15) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (3) and delivered an opinion on 8 July 2025,
HAS ADOPTED THIS REGULATION:
TITLE I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation lays down detailed rules for the application of the Union fisheries control system as established under Regulation (EC) No 1224/2009, particularly on the control of fisheries, the surveillance and inspection of fishing activities, as well as regarding enforcement and compliance.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
(1) ‘holder of a fishing licence’ means a natural or legal person to whom a fishing licence has been issued;
(2) ‘vessel monitoring device’ means a tracking device, including a non-satellite mobile tracking device, as referred to in Article 9(2) and (3) of Regulation (EC) No 1224/2009.
TITLE II
CONTROL OF FISHERIES
CHAPTER I
Monitoring of fishing activities by fisheries monitoring centres
Article 3
Monitoring of entry into and exit from specific areas
Each Member State shall ensure that, through a vessel monitoring system (VMS) as referred to in Article 9 of Regulation (EC) No 1224/2009, its fisheries monitoring centre (FMC) effectively monitors on a continuous and systematic basis, as regards its fishing vessels and all fishing vessels authorised to conduct fishing activities in the waters under its sovereignty or jurisdiction, the speed, movements, location and the date and time of entry into and exit from all the following specific areas:
(a) any maritime area where specific rules on access to waters and resources apply;
(b) fishing restricted areas as defined in Article 4(14) of Regulation (EC) No 1224/2009;
(c) regulatory and convention areas of the Regional Fisheries Management Organisations that are binding upon the Union; and
(d) waters under the sovereignty or jurisdiction of a third country.
Article 4
Measures to be taken in the event of technical or communication failure of the vessel monitoring device
In the event of a technical or communication failure or non-functioning of the vessel monitoring device on a Union fishing vessel, the master shall, from the time the event is detected or from when they are informed by an error notification of the system or in accordance with Article 5(4) of this Regulation, whichever is the earlier, communicate the current vessel position data to the FMC of the flag Member State at least once every 4 hours. To that end, the master shall use any available telecommunication means that ensures the transmission of complete and accurate data. Member States shall decide on the telecommunication means to be used and publish this information on their official website referred to in Article 115 of Regulation (EC) No 1224/2009.
The FMC of the flag Member State shall enter the vessel position data referred to in paragraph 1 into the electronic database where such data are recorded upon receipt. The manual vessel position data shall be clearly distinguishable from automatic messages in the electronic database. Where appropriate, these manual vessel position data shall be transmitted without delay, in accordance with Article 60 of Commission Implementing Regulation (EU) 2025/2196 (4).
Following a technical or communication failure or a non-functioning of the vessel monitoring device, a Union fishing vessel may only leave port once the vessel monitoring device is fully operational, as confirmed by the competent authorities of the flag Member State.
By way of derogation from the first subparagraph, the competent authorities of the flag Member State may authorise the fishing vessel to leave port with a non-functioning vessel monitoring device for repair or replacement, and, in exceptional cases justified by delays in such repair or replacement, subject to the terms and conditions set out in paragraphs 1 and 5 of this Article.
When the vessel monitoring device is installed on board, its removal for checks, repair or replacement shall be subject to the approval of the competent authorities of the flag Member State.
In the event of a technical or communication failure or non-functioning of the vessel monitoring device, the master of a Union fishing vessel who fails to transmit vessel position data in accordance with the terms and conditions set out in paragraph 1 shall either immediately transmit the data or return the vessel to port to conduct the necessary checks, repairs, or replacement of the vessel monitoring device.
Masters of third-country fishing vessels operating in Union waters shall notify, either directly or through their flag State, any technical or communication failure or non-functioning of the vessel monitoring device and transmit the information set in paragraph 1 to the FMC of the coastal Member State where the fishing activities were conducted at least once every 4 hours.
The coastal Member State shall record this information into the electronic database used for such data upon receipt.
Masters who fail to transmit vessel position data at least once every 4 hours shall either immediately transmit the data or shall leave Union waters until the necessary checks, repairs, or replacement of the vessel monitoring device have been completed.
For Union fishing vessels of less than 12 metres in length overall, being outside network coverage shall not be considered a technical or communication failure or non-functioning of the vessel monitoring device.
Article 5
Measures to be taken in the event of non-receipt of data concerning the position and movement of fishing vessels
Where the FMC of a flag Member State has not received data transmissions in accordance with Article 23 of Implementing Regulation (EU) 2025/2196 for at least 12 consecutive hours, or has not received data transmissions in accordance with Article 4(1) of this Regulation, it shall notify the master or, where not possible, the operator of the Union fishing vessel without delay.
Where the lack of reception of data transmissions referred to in paragraph 1 occurs more than three times within one calendar year for a particular Union fishing vessel, the flag Member State shall ensure that the vessel monitoring device of the fishing vessel is thoroughly checked to verify its fully operational status. The flag Member State shall also investigate whether the vessel monitoring device has been tampered with. This investigation may entail the removal of such equipment for examination.
Where the FMC of a flag Member State has not received data transmissions as referred to in paragraph 1, and the last received position was from within the waters under the sovereignty or the jurisdiction of another Member State, it shall notify the FMC of that coastal Member State as soon as possible.
Where the competent authorities of a coastal Member State detect a fishing vessel flying the flag of another Member State operating in waters under its sovereignty or jurisdiction for which the relevant vessel position data have not been received, they shall notify the master of the fishing vessel, where possible, and the FMC of the flag Member State thereof.
Where the competent authorities of a coastal Member State detect a fishing vessel flying the flag of a third country operating in waters under its sovereignty or jurisdiction for which the relevant vessel position data have not been received, they shall notify the master of the fishing vessel, where possible, and the FMC of the flag State or any other competent authority of the third country concerned in the event of fishing vessels subject to the requirement to transmit vessel position data in accordance with Article 9(7) of Regulation (EC) No 1224/2009.
Article 6
Monitoring and recording of fishing activities using vessel position data
Member States shall use the data received pursuant to Articles 3 and 4 of this Regulation and Articles 23 and 24 of Implementing Regulation (EU) 2025/2196 for the effective monitoring of fishing activities conducted by their fishing vessels and all fishing vessels authorised to conduct fishing activities in the waters under their sovereignty or jurisdiction.
Flag Member States shall:
(a) ensure that data referred to in paragraph 1 are recorded in a digital form and safely stored in computerised databases for at least three years;
(b) take all necessary measures to ensure that they are only used for official purposes, including, as appropriate, for scientific purposes; and
(c) take all necessary measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution, or unauthorised consultation.
CHAPTER II
Fishing logbook, prior notifications, transhipment declarations, and landing declaration
Article 7
Technical or communication failure of electronic recording and reporting systems
Without prejudice to the responsibilities of the master under Articles 15, 17, 19a, 22, and 24 of Regulation (EC) No 1224/2009, in the event of a technical or communication failure or non-functioning of the electronic recording and reporting system, the master or, where applicable, their representative shall, from the time the event is detected or upon receiving an error notification from the system or in accordance with Article 8(3) of this Regulation, whichever is the earlier, communicate data from fishing logbooks, prior notifications, transhipment declarations, and landing declarations to the FMC of the flag Member State at least once every 24 hours, unless a shorter interval is required. This communication shall be carried out using any available telecommunication means that ensures the transmission of complete and accurate data, even when there are no catches on board. Member States shall decide on the telecommunication means to be used and publish this information on their official website referred to in Article 115 of Regulation (EC) No 1224/2009.
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