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
Modified by
  • Regulation (EU) No 1379/2013 of the European Parliament and of the Councilof 11 December 2013on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000, 32013R1379, December 28, 2013
  • Regulation (EU) No 1380/2013 of the European Parliament and of the Councilof 11 December 2013on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC, 32013R1380, December 28, 2013
  • Council Regulation (EU) No 1385/2013of 17 December 2013amending Council Regulations (EC) No 850/98 and (EC) No 1224/2009, and Regulations (EC) No 1069/2009, (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, following the amendment of the status of Mayotte with regard to the European Union, 32013R1385, December 28, 2013
  • Regulation (EU) No 508/2014 of the European Parliament and of the Councilof 15 May 2014on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council, 32014R0508, May 20, 2014
  • Regulation (EU) 2015/812 of the European Parliament and of the Councilof 20 May 2015amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009, and Regulations (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, as regards the landing obligation, and repealing Council Regulation (EC) No 1434/98Corrigendum to Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015 amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009, and Regulations (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, as regards the landing obligation, and repealing Council Regulation (EC) No 1434/98(Official Journal of the European Union L 133 of 29 May 2015), 32015R081232015R0812R(02), May 29, 2015
Corrected by
  • Corrigendum 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, 32009R1224R(03), June 16, 2015
  • Corrigendum to Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015 amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009, and Regulations (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, as regards the landing obligation, and repealing Council Regulation (EC) No 1434/98, 32015R0812R(02), December 4, 2015
Council Regulation (EC) No 1224/2009of 20 November 2009establishing 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 TITLE IGENERAL PROVISIONS
Article 1Subject matterThis Regulation establishes a Union system for control, inspection and enforcement (hereinafter referred to as Union control system) to ensure compliance with the rules of the common fisheries policy.
Article 2Scope1.This Regulation shall apply to all activities covered by the common fisheries policy carried out on the territory of Member States or in Union waters or by Union fishing vessels or, without prejudice to the primary responsibility of the flag Member State, by nationals of Member States.2.Activities within maritime waters of the overseas territories and countries referred to in Annex II of the Treaty shall be treated as taking place within maritime waters of third countries.
Article 2aApplication of the Union control system to certain segments of the fleet of Mayotte as an outermost region1.Until 31 December 2021, Article 5(3) and Articles 6, 8, 41, 56, 58 to 62, 66, 68 and 109 shall not apply to France in respect of fishing vessels which are less than 10 metres in overall length and which operate from Mayotte, an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union (hereinafter "Mayotte"), and the activities and catch of such fishing vessels.2.By 30 September 2014, France shall establish a simplified and provisional scheme of control applicable to fishing vessels which are less than 10 metres in overall length and which operate from Mayotte. That scheme shall address the following issues:(a)knowledge of fishing capacity;(b)access to Mayotte waters;(c)implementation of declaration obligations;(d)designation of the authorities responsible for the control activities;(e)measures ensuring that any enforcement on vessels longer than 10 metres length is carried out on a non-discriminatory basis.By 30 September 2020, France shall present to the Commission an action plan setting out the measures to be taken in order to ensure the full implementation of Regulation (EC) No 1224/2009 from 1 January 2022 concerning fishing vessels which are less than 10 metres in overall length and which operate from Mayotte. That action plan shall be the subject of a dialogue between France and the Commission. France shall take all necessary measures to implement that action plan.
Article 3Relationship with international and national provisions1.This Regulation shall apply without prejudice to special provisions contained in fisheries agreements concluded between the Union and third countries or applicable in the framework of regional fisheries management organisations or similar agreements to which the Union is a Contracting Party or a non-contracting Cooperating Party.2.This Regulation shall apply without prejudice to any national control measures which go beyond its minimum requirements, provided that they comply with Union legislation and are in conformity with the common fisheries policy. At the request of the Commission, Member States shall notify those control measures.
Article 4DefinitionsFor the purposes of this Regulation, the definitions set out in Regulation (EC) No 2371/2002 shall apply. The following definitions shall also apply:1."fishing activity" means searching for fish, shooting, setting, towing, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fisheries products;2."rules of the common fisheries policy" means Union legislation on the conservation, management and exploitation of living aquatic resources, on aquaculture and on processing, transport and marketing of fisheries and aquaculture products;3."control" means monitoring and surveillance;4."inspection" means any check which is carried out by officials regarding compliance with the rules of the common fisheries policy and which is noted in an inspection report;5."surveillance" means the observation of fishing activities on the basis of sightings by inspection vessels or official aircrafts and technical detection and identification methods;6."official" means a person authorised by a national authority, the Commission or the Community Fisheries Control Agency to carry out an inspection;7."Union inspectors" means officials of a Member State or of the Commission or the body designated by it, whose names are contained in the list established in accordance with Article 79;8."control observer" means a person authorised by a national authority to observe the implementation of the rules of the common fisheries policy;9."fishing licence" means an official document conferring on its holder the right, as determined by national rules, to use a certain fishing capacity for the commercial exploitation of living aquatic resources. It contains minimum requirements concerning the identification, technical characteristics and fitting out of a Union fishing vessel;10."fishing authorisation" means a fishing authorisation issued in respect of a Union fishing vessel in addition to its fishing licence, entitling it to carry out specific fishing activities during a specified period, in a given area or for a given fishery under specific conditions;11."automatic identification system" means an autonomous and continuous vessel identification and monitoring system which provides means for ships to electronically exchange with other nearby ships and authorities ashore ship data including identification, position, course and speed;12."vessel monitoring system data" means data on the fishing vessel identification, geographical position, date, time, course and speed transmitted by satellite-tracking devices installed on board fishing vessels to the fisheries monitoring centre of the flag Member State;13."vessel detection system" means a satellite based remote sensing technology which can identify vessels and detect their positions at sea;14."fishing restricted area" means any marine area under the jurisdiction of a Member State which has been defined by the Council and where fishing activities are either limited or banned;15."fisheries monitoring centre" means an operational centre established by a flag Member State and equipped with computer hardware and software enabling automatic data reception, processing and electronic data transmission;16."transhipment" means the unloading of all or any fisheries or aquaculture products on board a vessel to another vessel;17."risk" means the likelihood of an event that may occur and would constitute a violation of the rules of the common fisheries policy;18."risk management" means the systematic identification of risks and the implementation of all measures necessary for limiting the occurrence of these risks. This includes activities such as collecting data and information, analysing and assessing risks, preparing and taking action, and regular monitoring and review of the process and its outcomes, based on international, Union and national sources and strategies;19."operator" means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products;20."lot" means a quantity of fisheries and aquaculture products of a given species of the same presentation and coming from the same relevant geographical area and the same fishing vessel, or group of fishing vessels, or the same aquaculture production unit;21."processing" means the process by which the presentation was prepared. It includes filleting, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fish for market in any other manner;22."landing" means the initial unloading of any quantity of fisheries products from on board a fishing vessel to land;23."retail" means the handling and/or processing of products of living aquatic resources and their storage at the point of sale or delivery to the final consumer, and includes distribution;24."multiannual plans" means recovery plans as referred to in Article 5 of Regulation (EC) No 2371/2002, management plans as referred to in Article 6 of Regulation (EC) No 2371/2002 as well as other Union provisions adopted on the basis of Article 37 of the Treaty and providing for specific management measures for particular fish stocks for several years;25."coastal State" means the State in the waters under the sovereignty or jurisdiction or in the ports of which an activity takes place;26."enforcement" means any actions taken to ensure compliance with the rules of the common fisheries policy;27."certified engine power" means the maximum continuous engine power which can be obtained at the output flange of an engine according to the certificate issued by the Member State’s authorities or classification societies or other operators assigned by them;28."recreational fisheries" means non-commercial fishing activities exploiting marine living aquatic resources for recreation, tourism or sport;29."relocation" means fishing operations where the catch or part thereof is transferred or moved from shared fishing gear to a vessel or from a fishing vessel’s hold or its fishing gear to a keep net, container or cage outside the vessel in which the live catch is kept until landing;30."relevant geographical area" means a sea area that is considered as a unit for the purposes of geographical classification in fisheries expressed by reference to a FAO sub-area, division or sub-division, or where applicable an ICES statistical rectangle, fishing effort zone, economic zone or area bounded by geographical coordinates;31."fishing vessel" means any vessel equipped for commercial exploitation of living aquatic resources;32."fishing opportunity" means a quantified legal entitlement to fish, expressed in terms of catches and/or fishing effort.
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