Commission Implementing Regulation (EU) 2025/2196 of 17 October 2025 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 as regards access to waters and resources, control of fisheries, surveillance, inspection and enforcement, deduction of quotas and fishing efforts, data and information, and repealing Commission Implementing Regulation (EU) No 404/2011

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 6(4), Article 7(5), Article 7a(2), Article 8(2), point (a) to (f), Article 9(8), Article 14(12), Article 15b(2), Article 22(4), Article 24(5), Article 62, point (b) and (c), Article 66(6), Article 71(5), Article 76(4), Article 78(3), Article 79(8), Article 92(13), Article 93b(4), Article 105(6), Article 106(4), Article 111a, point (a) to (d) and (f), Article 117(4) and Article 118(5) thereof,

Whereas:

(1) Regulation (EC) No 1224/2009, as amended by Regulation (EU) 2023/2842 of the European Parliament and of the Council (2), establishes a Union control system for ensuring compliance with the rules of the Common Fisheries Policy. Commission Implementing Regulation (EU) No 404/2011 (3) lays down rules for the implementation of Council Regulation (EC) No 1224/2009. The rules under that Implementing Regulation need to be updated to ensure consistency with the amendments introduced by Regulation (EU) 2023/2842. The rules under Regulation (EU) No 404/2011 should therefore be replaced with the rules adopted under this Regulation.

(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 these detailed rules, 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) Article 6(1) of Regulation (EC) No 1224/2009 provides that a Union catching vessel may only be used for the commercial exploitation of marine biological resources if it has a valid fishing licence. Article 7(1) of Regulation (EC) No 1224/2009 provides that a Union catching vessel may only be authorised to carry out specific fishing activities in so far as they are indicated in a valid fishing authorisation. Article 7a(1) of Regulation (EC) No 1224/2009, provides that Union fishing vessels other than catching vessels may only be permitted to carry out fishing activities if they have been authorised to do so by their flag Member State. It is appropriate to establish common rules for the issuance, management, and withdrawal of such fishing licences, fishing authorisations, and other authorisations for Union fishing vessels other than catching vessels to ensure a common standard of information contained therein.

(5) Article 8(1) of Regulation (EC) No 1224/2009 requires the master of a Union fishing vessel to respect the conditions and restrictions on the marking and identification of Union fishing vessels and their gear. To ensure the effective and harmonised implementation of these provisions, it is appropriate to adopt detailed rules on the marking and identification of Union fishing vessels, buoys and marker buoys, fish aggregating devices (FADs), trawls, passive gear, auxiliary crafts, cords and marking labels, as well as on the vessel identification documents to be carried on board Union fishing vessels.

(6) According to Article 9(1) of Regulation (EC) No 1224/2009, Member States are to operate vessel monitoring systems for the effective monitoring of the position and movement of fishing vessels wherever they may be, as well as of fishing vessels in their waters. Article 9(2) stipulates that each Union fishing vessel shall have installed on board a fully functioning tracking device which allows that vessel to be automatically located and identified by a vessel monitoring system through transmitting automatically the vessel position data at regular intervals. It is appropriate to establish common specifications at the level of the Union for such monitoring systems. Such specifications should set out, in particular, the technical characteristics of vessel monitoring devices, the format, content and the details on the transmission of the vessel position data.

(7) To ensure effective monitoring of catch registration data, uniform rules should apply to the completion and electronic submission of fishing logbook data, prior notifications, transhipment declarations, and landing declarations, in accordance with Articles 14, 15, 17, 19a, 21, 22, 23, and 24 of Regulation (EC) No 1224/2009. It is therefore necessary to establish such uniform rules on procedures and forms.

(8) Article 14(10) of Regulation (EC) No 1224/2009 provides that masters of Union catching vessels have to use conversion factors established at Union level for converting stored or processed fish weight into live fish weight. It is therefore necessary to establish such conversion factors.

(9) Articles 71 and 72 of Regulation (EC) No 1224/2009 require Member States to carry out surveillance and take appropriate measures when a sighting does not correspond to the information available to them. Article 76 of Regulation (EC) No 1224/2009 requires officials to draw up an inspection report after each inspection and transmit it electronically to the relevant authorities. It is therefore necessary to establish rules regarding the content and format of both surveillance and inspection reports, as well as the means of their transmission.

(10) Article 79 of Regulation (EC) No 1224/2009 provides that Union inspectors may carry out inspections on the territory of Member States, in Union waters, and on Union fishing vessels outside Union waters. It is therefore appropriate to establish rules concerning the notification of Union inspectors, the scope of their powers and duties, the inspections reports and the type of follow-up to be given to such reports.

(11) Article 92(3) of Regulation (EC) No 1224/2009 provides that points assigned to a licence holder for a serious infringement should be transferred to the new holder of the fishing licence if the catching vessel or the fishing licence is sold, transferred, or otherwise changes ownership after the date of the infringement, including in cases involving operators from another Member State. It is therefore appropriate to establish implementing rules governing such transfers of points and the notification of decisions on assignment of points.

(12) Article 92(6) of Regulation (EC) No 1224/2009 provides that if a fishing licence has been permanently withdrawn due to the assignment of points, it should not be listed in relevant registers. It is therefore appropriate to establish rules for the deletion of such fishing licences from the relevant lists.

(13) Articles 105, 106, and 107 of Regulation (EC) No 1224/2009 set out the rules governing the deduction of quotas and fishing effort by the Commission in cases where Member States fail to comply with the common fisheries policy, potentially posing a serious threat to the conservation of stocks subject to fishing opportunities or fishing effort regimes. It is therefore appropriate to establish detailed rules on deductions, quota transfers, reallocations, and the consultation process related to the deduction of fishing opportunities.

(14) To ensure the effective and harmonised implementation of Chapter I of Title XII of Regulation (EC) No 1224/2009, common rules should be established on data validation, access, and exchange. These rules should support the proper handling of control-related data, including the obligations for Member States to set up an electronic database and a validation system, and to ensure appropriate access and data sharing. The data validation procedures and business rules referred to in this Regulation are to provide for the necessary analysis, such as statistical analysis and consistency checks, as well as cross-checking and verification, to identify potential infringements of the rules of the common fisheries policy, particularly serious infringements laid down in Article 90(2) and (3) of the Control Regulation.

(15) According to Article 117(4) of Regulation (EC) No 1224/2009, a system of mutual assistance is to be established for ensuring the administrative cooperation between Member States, third countries, the Commission, and EFCA. Such administrative cooperation is essential to ensure a level playing field in the Member States and that illegal activities are properly investigated and sanctioned. Rules should therefore be drawn up for a systematic exchange of information either on request or spontaneously, and for the possibility to request measures and administrative notifications by another Member State.

(16) Articles 93b and 118 of Regulation (EC) No 1224/2009 require Member States to submit annual and five-year reports to the Commission on the application of that Regulation. To ensure consistency and comparability of the information provided, it is necessary to establish minimum information requirements and a standardised format for these reports.

(17) Implementing Regulation (EU) No 404/2011 should be repealed in the interests of clarity and consistency with the amendments introduced by Regulation (EU) 2023/2842 and be replaced with this Regulation.

(18) The provisions of Regulation (EC) No 1224/2009 implemented by this Regulation start applying from 10 January 2026. Therefore, this Regulation should also start applying from that same date.

(19) Certain provisions of this Regulation, particularly those concerning the marking of trawls, the technical specifications for vessel monitoring devices, data validation, and the electronic transmission of transport document data, require an additional period to enable Member States and stakeholders to achieve full and effective implementation. It is therefore appropriate to provide for different dates of application for those provisions to allow sufficient time for preparation. Moreover, transitional measures should be laid down to ensure a smooth transition to certain new implementing rules for vessels of less than 12 metres in length overall, particularly as these relate to requirements that will start applying from 10 January 2028 or later.

(20) Personal data collected and processed for control purposes under this Regulation is to comply with the data protection rules set out in Article 112 of Regulation (EC) No 1224/2009.

(21) 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 (4) and delivered an opinion on 8 July 2025.

(22) The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation lays down detailed rules for the implementation of the Union fisheries control system as established by Regulation (EC) No 1224/2009.

Article 2

Definitions

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

(1) ‘beam trawl’ means a gear as defined in Article 6(16) of Regulation (EU) 2019/1241 of the European Parliament and of the Council (5);

(2) ‘presentation’ means the form into which the fish is processed while on board of the fishing vessel and prior to landing, as described in Table 1 of Annex I;

(3) ‘collective presentation’ means a presentation consisting of two or more parts extracted from the same fish;

(4) ‘fish aggregating device’ or ‘FAD’ means a permanent, semi-permanent, or temporary object, structure, or device of any material, man-made or natural, which is deployed and/or tracked for the purpose of aggregating fish;

(5) ‘holder of a fishing licence’ means a natural or legal person to whom a fishing licence has been issued;

(6) ‘inspected operator’ means the natural person in charge of the fishing vessel, vehicle, aircraft, hovercraft or premises being inspected, or carrying out fishing without a vessel and subject to inspection.

(7) ‘other authorisations’ means fishing authorisations for Union fishing vessels other than catching vessels as referred to in Article 7a of Regulation (EC) No 1224/2009;

(8) ‘passive gear’ means any fishing gear which is not towed or otherwise moved through water by human, animal or mechanical energy, such as gillnets, entangling nets, trammel nets, trap nets, driftnets, lines, including longlines, and traps, including pots and creels;

(9) ‘validation’ means performing cross-checking, analysis, and verification to ensure that data is accurate, complete, consistent, and transmitted within legal timeframes;

(10) ‘business rules’ means a set of predefined rules used for the purposes of validation.

(11) ‘cross-checking’ means comparing data from different sources or datasets to identify and investigate inconsistencies, errors, and missing information in the data;

(12) ‘analysis’ means examining and modeling data to identify and investigate patterns, trends, or anomalies;

(13) ‘verification’ means checking and confirming that the data meets format, quantity, and quality standards;

(14) ‘data validation system’ means an electronic system, including the electronic database, for data validation;

(15) ‘request for assistance’ means a request addressed by one Member State to another, or by the Commission or EFCA to a Member State, related to the implementation of Regulation (EC) No 1224/2009 and this Regulation, in accordance with the principle of administrative cooperation set in Article 117 of Regulation (EC) No 1224/2009;

(16) ‘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

GENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES

CHAPTER I

Fishing licences, fishing authorisations, and other authorisations

Article 3

General provisions

Article 4

Conditions for the validity of fishing licences

(a) the conditions on which it was issued, including its tonnage in GT, engine power in kW, and other criteria referred to in Annex II, are still met; and

(b) no more than one fishing licence has been issued to the same Union catching vessel.

Article 5

Conditions for the validity of fishing authorisations for Union catching vessels

Article 6

Conditions for the validity of other authorisations

CHAPTER II

Marking and identification of Union fishing vessels, fishing gears, gear, and crafts

Section 1

Marking and identification of Union fishing vessels

Article 7

Conditions relating to the marking of Union fishing vessels

(a) the letter(s) of the port or district in which the Union fishing vessel is registered, where applicable, and the number(s) under which it is registered shall be painted or displayed on both sides of the bow or on one side of the bow and the other side of the stern, as high above the water as possible to be clearly visible from the sea and the air, in a colour contrasting with the background on which they are painted;