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
(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.
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.
(a) a fishing effort regime; (b) a multiannual plan; (c) a fishing restricted area; (d) fishing for scientific purposes; (e) other cases laid down in Union legislation.
(a) operate exclusively within the territorial seas of the flag Member State; or (b) never spend more than 24 hours at sea from the time of departure to the return to port.
(a) as from 31 May 2014 to Union fishing vessels of 15 metres’ length overall or more and less than 18 metres’ length overall;(b) as from 31 May 2013 to Union fishing vessels of 18 metres’ length overall or more and less than 24 metres’ length overall;(c) as from 31 May 2012 to Union fishing vessels of 24 metres’ length overall or more and less than 45 metres’ length overall.
(a) the external identification number and the name of the fishing vessel; (b) the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken; (c) the date of catches; (d) the date of departure from and of arrival to port, and the duration of the fishing trip; (e) the type of gear, mesh size and dimension; (f) the estimated quantities of each species in kilograms live weight, or, where appropriate, the number of individuals, including the quantities or individuals below the applicable minimum conservation reference size, as a separate entry; (g) the number of fishing operations.
(a) with regard to towed gear: (i) entry into, and exit from the port located in that area; (ii) each entry into, and exit from maritime areas where specific rules on access to waters and resources apply; (iii) the catch retained on board by species in kilograms live weight at the time of exit from that area or before entry into a port located in that area;
(b) with regard to static gear: (i) entry into, and exit from the port located in that area; (ii) each entry into, and exit from maritime areas where specific rules on access to waters and resources apply; (iii) the date and time of setting or re-setting of the static gear in these areas; (iv) the date and time of the completion of fishing operations using the static gear; (v) the catch retained on board by species in kilograms live weight at the time of exit from that area or before entry into a port located in that area.
(a) to their flag Member State; and (b) if the landing has taken place in a port of another Member State, to the competent authorities of the port Member State concerned.
(a) as from 1 January 2012 to Union fishing vessels of 12 metres’ length overall or more and less than 15 metres’ length overall;(b) as from 1 July 2011 to Union fishing vessels of 15 metres’ length overall or more and less than 24 metres’ length overall; and(c) as from 1 January 2010 to Union fishing vessels of 24 metres’ length overall or more.
(a) operate exclusively within the territorial seas of the flag Member State; or (b) never spend more than 24 hours at sea from the time of departure to the return to port.
(a) the external identification number and the name of the fishing vessel; (b) the name of the port of destination and the purposes of the call, such as landing, transhipment or access to services; (c) the dates of the fishing trip and the relevant geographical areas in which the catches were taken; (d) the estimated date and time of arrival at port; (e) the quantities of each species recorded in the fishing logbook, including those below the applicable minimum conservation reference size, as a separate entry; (f) the quantities of each species to be landed or trans-shipped, including those below the applicable minimum conservation reference size, as a separate entry.
(a) the external identification number and the name of both the transhipping and the receiving fishing vessels; (b) the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken; (c) the estimated quantities of each species in kilograms in product weight, broken down by type of product presentation, or, where appropriate, the number of individuals, including the quantities or individuals below the applicable minimum conservation reference size, as a separate entry; (d) the port of destination of the receiving fishing vessel; (e) the designated port of transhipment.
(a) to their flag Member State (s); and (b) if the transhipment has taken place in a port of another Member State, to the competent authorities of the port Member State concerned.
(a) as from 1 January 2012 to Union fishing vessels of 12 metres’ length overall or more and less than 15 metres’ length overall;(b) as from 1 July 2011 to Union fishing vessels of 15 metres’ length overall or more and less than 24 metres’ length overall; and(c) as from 1 January 2010 to Union fishing vessels of 24 metres’ length overall or more.
(a) operate exclusively within the territorial seas of the flag Member State; or (b) never spend more than 24 hours at sea from the time of departure to the return to port.
(a) the external identification number and the name of the fishing vessel; (b) the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken; (c) the quantities of each species in kilograms in product weight broken down by type of product presentation, or, where appropriate, the number of individuals, including the quantities or individuals below the applicable minimum conservation reference size, as a separate entry; (d) the port of landing.
(a) to their flag Member State; and (b) if the landing has taken place in a port of another Member State, to the competent authorities of the port Member State concerned.
(a) as from 1 January 2012 to Union fishing vessels of 12 metres’ length overall or more and less than 15 metres’ length overall;(b) as from 1 July 2011 to Union fishing vessels of 15 metres’ length overall or more and less than 24 metres’ length overall; and(c) as from 1 January 2010 to Union fishing vessels of 24 metres’ length overall or more.
(a) operate exclusively within the territorial seas of the flag Member State; or (b) never spend more than 24 hours at sea from the time of departure to the return to port.
(a) the name, external identification mark, radio call sign and name of the master of the fishing vessel; (b) the geographical location of the fishing vessel to which the communication refers; (c) the date and time of each entry into and exit from the area and, where applicable, parts thereof; (d) the catch retained on board by species in kilograms live weight.
(a) it has exhausted the share of the maximum allowable fishing effort related to such geographical area and to such fishing gear or gears that has been assigned to it; or (b) the maximum allowable fishing effort related to such geographical area and to such fishing gear or gears available to its flag Member State has been exhausted.
(a) it has exhausted the share of the maximum allowable fishing effort related to that geographical area and to that fishery that has been assigned to it; or (b) the maximum allowable fishing effort related to that geographical area and to that fishery available to its flag Member State has been exhausted.
(a) for the quantities of each stock or group of stocks subject to TACs or quotas landed during the preceding month, including those below the applicable minimum conservation reference size, as a separate entry; and (b) for the fishing effort deployed during the preceding month for each fishing area subject to a fishing effort regime or, where appropriate, for each fishery subject to a fishing effort regime.
(a) the catches of a stock or group of stocks subject to a quota made by the fishing vessels flying its flag are deemed to have exhausted 80 % of that quota; or (b) 80 % of the maximum fishing effort level related to a fishing gear or a fishery and to a geographical area and applicable to all or a group of the fishing vessels flying its flag is deemed to have been reached.
(a) the catches of a stock or group of stocks subject to a quota made by the fishing vessels flying its flag shall be deemed to have exhausted that quota; (b) the maximum allowable fishing effort related to a fishing gear or a fishery and to a geographical area and applicable to all or a group of the fishing vessels flying its flag shall be deemed to have been reached.
(a) Article 13 of Regulation (EC) No 2371/2002; (b) Regulation (EC) No 639/2004; (c) Regulation (EC) No 1438/2003; and (d) Regulation (EC) No 2104/2004.
(a) registration of fishing vessels; (b) verification of the engine power of fishing vessels; (c) verification of the tonnage of fishing vessels; (d) verification of the type, number and characteristics of the fishing gear;
(a) vessel monitoring system records; (b) the fishing logbook; (c) the Engine International Air Pollution Prevention (EIAPP) Certificate issued for the engine in accordance with Annex VI to the Marpol 73/78 Convention; (d) class certificates issued by a recognised ship inspection and survey organisation within the meaning of Directive 94/57/EC; (e) the sea trial certificate; (f) the Community Fishing Fleet Register; and (g) any other documents providing relevant information on vessel power or any related technical characteristics.
(a) established landing or transhipment times; (b) established landing or transhipment places; (c) established inspection and surveillance procedures.
(a) nets, weights and similar gear shall be disconnected from their trawl boards and towing and hauling wires and ropes; (b) nets which are on or above deck shall be securely lashed and stowed; (c) longlines shall be stowed in lower decks.
(a) the external identification number and the name of the fishing vessel; (b) the type of lost gear; (c) the time when the gear was lost; (d) the position where the gear was lost; (e) the measures undertaken to retrieve the gear.
(a) operate exclusively within the territorial seas of the flag Member State; or (b) never spend more than 24 hours at sea from the time of departure to the return to port.
(a) where the catches contain more than 80 % of one or more small pelagic or industrial species as listed in point (a) of Article 15(1) of Regulation (EU) No 1380/2013; (b) to fishing vessels of less than 12 metres' length overall where catches below the minimum conservation reference size have been sorted, estimated and recorded in accordance with Article 14 of this Regulation.
(a) all gears carried on board are lashed and stowed during the transit; and (b) the speed during transit is not less than six knots except in case of force majeure or adverse conditions. In such cases, the master shall immediately inform the fisheries monitoring centre of the flag Member State which shall then inform the competent authorities of the coastal Member State.
(a) the identification number of each lot; (b) the external identification number and name of the fishing vessel or the name of the aquaculture production unit; (c) the FAO alpha-3 code of each species; (d) the date of catches or the date of production; (e) the quantities of each species in kilograms expressed in net weight or, where appropriate, the number of individuals; (ea) in cases where fish below the applicable minimum conservation reference size are present in the quantities referred to in point (e), separate information on the quantities of each species in kilograms expressed in net weight, or the number of individuals; (f) the name and address of the suppliers; (g) the information to consumers provided for in Article 35 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 december 2013 on 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 (OJ L 354, 28.12.2013, p. 1 ).)(h) whether the fisheries products have been previously frozen or not.
(a) the external identification number and the name of the fishing vessel that has landed the product concerned; (b) the port and date of landing; (c) the name of the fishing vessel’s operator or master and, if different, the name of the seller; (d) the name of the buyer and its VAT number, its tax identification number, or other unique identifier; (e) the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken; (f) the quantities of each species in kilograms in product weight, broken down by type of product presentation or, where appropriate, the number of individuals; (g) for all products subject to marketing standards, as appropriate, the individual size or weight, grade, presentation and freshness; (h) where appropriate, the destination of products withdrawn from the market for storage of fishery products in accordance with Article 30 of Regulation (EU) No 1379/2013; (ha) where appropriate, the quantities in kilograms expressed in net weight, or the number of individuals, below the applicable minimum conservation reference size, and the destination thereof; (i) the place and the date of the sale; (j) where possible, the reference number and date of invoice and, where appropriate, the sales contract; (k) where applicable, reference to the take-over declaration referred to in Article 66 or the transport document referred to in Article 68; (l) the price.
(a) the external identification number and name of the fishing vessel that has landed the products; (b) the port and date of landing; (c) the name of the vessel’s operator or master; (d) the FAO alpha-3 code of each species and its relevant geographical area in which the catches were taken; (e) the quantities of each species stored in kilograms in product weight, broken down by type of product presentation or, where appropriate, the number of individuals; (f) the name and address of the facilities where the products are stored; (g) where applicable, reference to the transport document specified to in Article 68; (h) where appropriate, the quantities in kilograms expressed in net weight, or the number of individuals, below the applicable minimum conservation reference size.
(a) the place of destination of the consignment(s) and the identification of the transport vehicle; (b) the external identification number and name of the fishing vessel that has landed the products; (c) the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken; (d) the quantities of each species transported in kilograms in product weight, broken down by type of product presentation or, where appropriate, the number of individuals; (e) the name(s) and address(es) of the consignee(s); (f) the place and date of loading; (g) where appropriate, the quantities in kilograms expressed in net weight, or the number of individuals, below the applicable minimum conservation reference size.
(a) producer organisations comply with the terms and conditions for recognition; (b) recognition of a producer organisation may be withdrawn if the conditions set out in Article 5 of Regulation (EC) No 104/2000 are no longer fulfilled or if recognition is based on wrong information; (c) recognition is immediately withdrawn retroactively if the organisation obtains or benefits from recognition by fraudulent means.
(a) the withdrawal of products from the market for purposes other than human consumption; (b) carry-over operations for stabilising, storing and/or processing of products withdrawn from the market; (c) private storage of products frozen at sea; (d) compensatory allowance for tuna intended for processing.
(a) sightings of fishing vessels by inspection vessels or surveillance aircrafts; (b) a vessel monitoring system as referred to in Article 9; or (c) any other detection and identification methods.
(a) the legality of the catch kept on board, stored, transported, processed or marketed and the accuracy of the documentations or electronic transmissions relating to it; (b) the legality of the fishing gear used for the targeted species and for the catches kept on board; (c) if appropriate, the stowage plan and the separate stowage of species; (d) the marking of gears; and (e) the information on the engine referred to in Article 40.
(a) the implementation of the specific control and inspection programmes adopted in accordance with Article 95; (b) international fisheries control programmes, where the Union is under an obligation to provide for controls.
(a) all areas on board Union fishing vessels and any other vessels carrying out fishing activities, public premises or places and means of transport; and (b) all information and documents which are needed to fulfil their tasks, in particular the fishing logbook, landing declarations, catch certificates, the transhipment declaration, sales notes and other relevant documents;
(a) following authorisation by the coastal Member State concerned; or (b) where a specific control and inspection programme has been adopted in accordance with Article 95.
(a) note the suspected infringement in the inspection report; (b) take all necessary action to ensure safekeeping of the evidence pertaining to such suspected infringement; (c) immediately forward the inspection report to his competent authority; (d) inform the natural or legal person suspected of having committed the infringement or which was caught in the act while committing the infringement that the infringement may result in the assignment of the appropriate number of points in accordance with Article 92. This information shall be noted in the inspection report.
(a) misrecorded catches of stocks subject to a multiannual plan of more than 500 kg or 10 %, calculated as a percentage of the fishing logbook figures, whichever is the higher; or (b) committed any of the serious infringements referred to in Article 42 of Regulation (EC) No 1005/2008 or in Article 90(1) of this Regulation within one year of committing a first such serious infringement;
(a) the non-transmission of a landing declaration or a sales note when the landing of the catch has taken place in the port of a third country; (b) the manipulation of an engine with the aim of increasing its power beyond the maximum continuous engine power according to the engine certificate; (c) the failure to bring and retain on board the fishing vessel and to land any catches of species subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, unless the bringing and retention on board and the landing of such catches would be contrary to obligations or subject to exemptions provided for in the rules of the common fisheries policy in fisheries or fishing zones where such rules apply.
(a) the implementation and application of the rules of the common fisheries policy by Member States and their competent authorities; (b) the implementation and application of the rules of the common fisheries policy in the waters of a third country in accordance with an international agreement with that country; (c) the conformity of national administrative practices and inspection and surveillance activities with the rules of the common fisheries policy; (d) the existence of the required documents and their compatibility with the applicable rules; (e) the circumstances in which control activities are carried out by Member States; (f) the detection and proceedings of infringements; (g) the cooperation between Member States.
(a) the quota and the effort management system; (b) data validation systems, including systems of cross-checks of vessel monitoring systems, catch, effort and marketing data and data related to the Community fishing fleet register as well as the verification of licences and fishing authorisations; (c) the administrative organisation, including the adequacy of the available staff and the available means, the training of staff, the delimitation of functions of all authorities involved in control as well as the mechanisms in place to coordinate the work and the joint evaluation of the results of those authorities; (d) the operational systems, including procedures for control of designated ports; (e) national control action programmes including the establishment of inspection levels and their implementation; (f) the national system of sanctions, including the adequacy of the sanctions imposed, duration of proceedings, economic benefits forfeited by offenders and the deterrent nature of such system of sanctions.
(a) the effectiveness of the measures being financed is or is likely to be affected by non-compliance with the rules of the common fisheries policy, in particular in the fields of conservation and management of fisheries resources, the adaptation of fleet and fisheries control; (b) the non-compliance is directly attributable to the Member State concerned; and (c) the non-compliance may lead to a serious threat to the conservation of living aquatic resources or the effective operation of the Community control and enforcement system,
| Extent of overfishing relative to the permitted landings | Multiplying factor |
|---|---|
| Up to 10 % | Overfishing *1,0 |
| Over 10 % up to 20 % | Overfishing *1,2 |
| Over 20 % up to 40 % | Overfishing *1,4 |
| Over 40 % up to 50 % | Overfishing *1,8 |
| Any further overfishing greater than 50 % | Overfishing *2,0 |
(a) a Member State has repeatedly overfished its quota, allocation or share of the stock or group of stocks over the previous 2 years and such overfishing has been the subject of deductions as referred to in paragraph 2; (b) the available scientific, technical and economic advice and, in particular, the reports drawn up by STECF have established that overfishing constitutes a serious threat to the conservation of the stock concerned; or (c) the stock is subject to a multiannual plan.
| Extent of excess of available fishing effort | Multiplying factor |
|---|---|
| Up to 10 % | Excess * 1,0 |
| Over 10 % up to 20 % | Excess * 1,2 |
| Over 20 % up to 40 % | Excess * 1,4 |
| Over 40 % up to 50 % | Excess * 1,8 |
| Any further excess greater than 50 % | Excess * 2,0 |
(a) suspension of fishing activities of vessels flying the flag of the Member States concerned; (b) closure of fisheries; (c) prohibition against Union operators accepting landings, placing in cages for fattening or farming, or transhipments of fish and fisheries products caught by the vessels flying the flag of the Member States concerned; (d) prohibition against the placing on the market or use for other commercial purposes fish and fisheries products caught by the vessels flying the flag of the Member States concerned; (e) prohibition against the provision of live fish for fish farming in the waters under the jurisdiction of the Member States concerned; (f) prohibition against the accepting of live fish caught by vessels flying the flag of the Member State concerned for the purposes of fish farming in waters under the jurisdiction of the other Member States; (g) prohibition against fishing vessels flying the flag of the Member State concerned to fish in waters under the jurisdiction of other Member States; (h) modification of the fishing data submitted by Member States in an appropriate way.
(a) Member States shall perform cross-checking, analyses and verifications of the following data through automated computerised algorithms and mechanisms: (i) vessel monitoring system data; (ii) fishing activities data, in particular the fishing logbook, the landing declaration, the transhipment declaration and prior notification; (iii) data from take-over declarations, transport documents and sales notes; (iv) data from fishing licences and fishing authorisations; (v) data from inspection reports; (vi) data on engine power;
(b) the following data shall also be cross-checked, analysed and verified where applicable: (i) vessel detection system data; (ii) data on sightings; (iii) data relating to international fisheries agreements; (iv) data on entries into and exits from fishing areas, maritime areas where specific rules on access to waters and resources apply, regulatory areas of regional fisheries management organisations and similar organisations and waters of a third country; (v) automatic identification system data.
(a) vessel monitoring system data when its vessels are present in another Member State’s waters; (b) fishing logbook information when its vessels are fishing in another Member State’s waters; (c) landing declarations and transhipment declarations when such operations take place in another Member States ports; (d) prior notification when the intended port is in another Member State.
(a) sales notes information to the flag Member State when a first sale originates from another Member State’s fishing vessel; (b) take-over declaration information when the fish is placed in storage in Member State other than the flag Member State or the Member State of landing; (c) sales notes and take-over declaration information to the Member State where the landing took place.
(a) the protection of the privacy and the integrity of the individual, in accordance with Union legislation regarding the protection of personal data; (b) the commercial interests of a natural or legal person, including intellectual property; (c) court proceedings and legal advice; or (d) the scope of inspections or investigations;
(a) the names and addresses of the competent authorities responsible for issuing fishing licences, and fishing authorisations referred to in Article 7; (b) the list of designated ports for the purpose of transhipment specifying their operating hours, as referred to in Article 20; (c) one month after the entry into force of a multiannual plan, and after approval by the Commission, the list of designated ports, specifying their operating hours as referred to in Article 43, and within 30 days thereafter, the associated conditions for recording and reporting the quantities of the species under the multiannual plan for each landing; (d) the decision establishing the real-time closure, and defining clearly the geographical area of the affected fishing grounds, the duration of the closure and the conditions governing fisheries in that area during the closure, as referred to in Article 53(2); (e) the contact point details for the transmission or submission of fishing logbooks, prior notifications, transhipment declarations, landing declarations, sales notes, take-over declarations and transport documents as referred to in Articles 14, 17, 20, 23, 62, 66 and 68; (f) a map with the coordinates of the area of temporary real-time closures as referred to in Article 54, specifying the duration of the closure and the conditions governing fisheries in that area during the closure; (g) the decision to close a fishery under Article 35 and all necessary details.
(a) the lists of officials in charge of inspections as referred to in Article 74; (b) the electronic database for the treatment of inspection and surveillance reports drawn up by the officials as referred to in Article 78; (c) the vessel monitoring system computer files recorded by its fisheries monitoring centre as referred to in Article 9; (d) the electronic database containing the list of all fishing licences, and fishing authorisations issued and managed in accordance with this Regulation, with a clear indication of the conditions set out and the information on all suspensions and withdrawals; (e) the way of measuring the continuous period of 24 hours as referred to in Article 26(6); (f) the electronic database containing all relevant data on fishing opportunities as referred to in Article 33; (g) national control action programmes as referred to in Article 46; (h) the electronic database for the purpose of the verification of the completeness and the quality of the data collected as referred to in Article 109.
(a) the remote access for the Commission or the body designated by it to all data referred to in this Article by secure Internet connection on a 24-hour, seven-days-a-week basis; (b) the direct electronic exchange of relevant information with other Member States and the Commission or the body designated by it.
1. in Article 3, the following point shall be added: "(i) to assist in the uniform implementation of the control system of the common fisheries policy, including in particular: organisation of operational coordination of control activities by Member States for the implementation of specific control and inspection programmes, control programmes related to illegal, unreported and unregulated (IUU) fishing and international control and inspection programmes, inspections as necessary to fulfil the Agency's tasks in accordance with Article 17a.";
2. in Article 5 (a) paragraph 1 shall be replaced by the following: "1. Operational coordination by the Agency shall cover control of all activities covered by the common fisheries policy."; (b) the following paragraph shall be added: "3. For the purpose of enhanced operational coordination between Member States, the Agency may establish operational plans with the Member States concerned and coordinate their implementation.";
3. Article 7 shall be replaced by the following: "Article 7 Assistance to the Commission and the Member States The Agency shall assist the Commission and the Member States for the purpose of ensuring a high, uniform and effective fulfilment of their obligations under the rules of the common fisheries policy including the fight against IUU fishing and in their relations with third countries. The Agency shall in particular: (a) establish and develop a core curriculum for the training of the instructors of the fisheries inspectorate of the Member States and provide additional training courses and seminars to those officials and other personnel involved in control and inspection activities; (b) establish and develop a core curriculum for the training of Community inspectors before their first deployment and provide updated additional training and seminars on a regular basis to those officials; (c) at the request of Member States, undertake the joint procurement of goods and services relating to control and inspection activities by Member States as well as preparation for and the coordination of the implementation by Member States of joint pilot projects; (d) draw up joint operational procedures in relation to joint control and inspection activities undertaken by two or more Member States; (e) elaborate criteria for the exchange of means of control and inspection between Member States and between Member States and third countries and for the provision of such means by the Member States; (f) conduct risk analysis on the basis of the fisheries data on catches, landings and fisheries effort, as well as risk analysis of unreported landings including, inter alia, a comparison of data on catches and imports with data on exports and on national consumption; (g) on request from the Commission or of Member States develop common inspection methodologies and procedures; (h) assist Member States, at their request, to comply with their Community and their international obligations including the fight against IUU fishing and those arising in the framework of regional fisheries management organisations; (i) promote and coordinate the development of uniform risk management methodologies in the field of its competence; (j) coordinate and promote cooperation between Member States and common standards for the development of sampling plans defined in 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 policyOJ L 343, 22.12.2009, p. 1 .";
----------------------OJ L 343, 22.12.2009, p. 1 .";4. Article 8 shall be replaced by the following: "Article 8 Implementation of Community obligations relating to control and inspection 1. The Agency shall, at the request of the Commission, coordinate control and inspection activities by Member States on the basis of international control and inspection programmes by establishing joint deployment plans. 2. The Agency may acquire, rent or charter the equipment that is necessary for the implementation of the joint deployment plans referred to in paragraph 1."; 5. Article 9 shall be replaced by the following: "Article 9 Implementation of specific control and inspection programmes 1. The Agency shall coordinate the implementation of specific control and inspection programmes established in accordance with Article 95 of Regulation (EC) No 1224/2009 through joint deployment plans. 2. The Agency may acquire, rent or charter the equipment that is necessary for the implementation of the joint deployment plans referred to in paragraph 1."; 6. the following Chapter shall be inserted after Chapter III: "CHAPTER IIIa COMPETENCES OF THE AGENCY Article 17a Assignment of Agency officials as Community inspectors Officials of the Agency may be assigned in international waters as Community inspectors in accordance with Article 79 of Regulation (EC) No 1224/2009. Article 17b Agency measures The Agency shall, where appropriate: (a) issue manuals on harmonised standards of inspections; (b) develop guidance material reflecting the best practices in the field of control of the common fisheries policy, including on the training of control officials, and update this on a regular basis; (c) provide the Commission with the necessary technical and administrative support to carry out its tasks.
Article 17c Cooperation 1. The Member States and the Commission shall cooperate with, and afford the necessary assistance to, the Agency for the accomplishment of its mission. 2. With due regard to the different legal systems in the individual Member States, the Agency shall facilitate cooperation between Member States and between them and the Commission in the development of harmonised standards for control in accordance with Community legislation and taking into account best practices in Member States and agreed international standards. Article 17d Emergency unit 1. Where the Commission, of its own initiative or at the request of at least two Member States, identifies a situation involving a direct, indirect or potential serious risk to the common fisheries policy, and the risk cannot be prevented, eliminated or reduced by existing means or cannot adequately be managed, the Agency shall be immediately notified. 2. The Agency acting upon a notification by the Commission or of its own initiative shall immediately set up an emergency unit and inform the Commission thereof. Article 17e Tasks of the emergency unit 1. The emergency unit set up by the Agency shall be responsible for collecting and evaluating all relevant information and identifying the options available to prevent, eliminate or reduce the risk to the common fisheries policy as effectively and rapidly as possible. 2. The emergency unit may request the assistance of any public authority or private person whose expertise it deems necessary to respond to the emergency effectively. 3. The Agency shall make the necessary coordination for undertaking an adequate and timely response to the emergency. 4. The emergency unit shall, where appropriate, keep the public informed of the risks involved and the measures taken. Article 17f Multiannual work programme 1. The multiannual work programme of the Agency shall establish its overall objectives, mandate, tasks, performance indicators and the priorities for each action of the Agency over a five-year period. It shall include a presentation of the staff policy plan and an estimation of budget appropriations to be made available for the achievement of the objectives for that five-year period. 2. The multiannual work programme shall be presented according to the activity-based management system and methodology developed by the Commission. It shall be adopted by the Administrative Board. 3. The work programme referred to in Article 23(2)(c) shall refer to the multiannual work programme. It shall clearly indicate the additions, changes or deletions in comparison with the previous year's work programme, and the progress made in the achievement of the overall objectives and priorities of the multiannual work programme. Article 17g Cooperation in maritime affairs The Agency shall contribute to the implementation of the EU Integrated Maritime Policy, and in particular conclude administrative agreements with other bodies in matters covered by this Regulation after approval by the Administrative Board. The Executive Director shall inform the Commission and the Member States thereof at an early stage of such negotiations. Article 17h Detailed rules Detailed rules for the implementation of this Chapter shall be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002. These rules may cover in particular the formulation of plans for response to an emergency, the establishment of the emergency unit and the practical procedures to be applied.".
(a) Article 21 shall be replaced by the following: "Article 21 Community control and enforcement system Access to waters and resources and the pursuit of activities as set out in Article 1 shall be controlled and compliance with the rules of the common fisheries policy enforced. For this purpose a Community system for the control, inspection and enforcement of the rules of the common fisheries policy shall be established."; (b) Articles 22 to 28 shall be deleted.
(a) Article 33(6) and (9), Articles 37, 43, 58, 60, 61, 63, 67, 68, 73, 78 and 84, Article 90(2), (3) and (4), Articles 93 and 117 and Article 121(3) to (11) shall apply from 1 January 2011 ;(b) Articles 6, 7, 14, 21 and 23 shall apply from the date of entry into force of the rules implementing them; (c) Article 92 shall apply six months after the entry into force of the rules implementing it.
(a) Level of inspection in ports As a general rule, the accuracy to be achieved should be at least equivalent to what would be obtained by a simple random sampling method, where inspections shall cover 20 % of all landings of species subject to a multiannual plan by weight in a Member State. (b) Level of inspection of marketing Inspection of 5 % of the quantities of species subject to a multiannual plan offered for sale at auction. (c) Level of inspection at sea Flexible benchmark: to be set after a detailed analysis of the fishing activity in each area. Benchmarks at sea shall refer to the number of patrol days at sea in the management areas, possibly with a separate benchmark for days patrolling specific areas. (d) Level of aerial surveillance Flexible benchmark: to be set after a detailed analysis of the fishing activity conducted in each area and taking the available resources at the Member State’s disposal into consideration.
| Regulation (EEC) No 2847/93 | This Regulation |
|---|---|
| Article 1(1) | Articles 1 and 2 |
| Article 1(2) | Article 5(3) |
| Article 1(3) | Article 2 |
| Article 2 | Article 5 |
| Article 3 | Article 9 |
| Article 4(1) | Article 5 |
| Article 4(2) | Article 75 |
| Article 5(a) and (b) | Article 74 |
| Article 5(c) | Article 8 |
| Article 6 | Articles 14, 15 and 16 |
| Article 7 | Articles 17 and 18 |
| Article 8 | Articles 23, 24 and 25 |
| Article 9(1), (2), (3), (4), (4a), (5), (6), (7), (8) and (9) | Articles 62, 63, 64, 65 and 68 |
| Article 9(4b) and (5) | Articles 66 and 67 |
| Article 11 | Articles 20, 21 and 22 |
| Article 13 | Article 68 |
| Article 14 | Article 59 |
| Article 15(1), (2) and (4) | Articles 33 and 34 |
| Article 15(3) | Article 36 |
| Article 16 | Article 117 |
| Article 17 | Articles 5 |
| Article 19 | Articles 112 and 113 |
| Title IIA | Title IV, Chapter I, Section 2 |
| Article 20(1) | Article 47 |
| Article 20(2) | Article 49 |
| Article 21(1) | Article 33 |
| Article 21(2) | Article 35 |
| Article 21(3) | Article 36 |
| Article 21(4) | Article 37 |
| Article 21a | Article 35 |
| Article 21b | Article 34 |
| Article 21c | Article 36 |
| Article 23 | Article 105 |
| Title V | Title IV, Chapter II, and Article 109 |
| Article 28(1) | Article 56 |
| Article 28(2) | Articles 57 and 70 |
| Article 28(2a) | Article 56 |
| Article 29 | Articles 96, 97, 98 and 99 |
| Article 30 | Article 102 |
| Article 31(1) and (2) | Articles 89 and 90 |
| Article 31(4) | Article 86 |
| Article 32(1) | Article 85 |
| Article 32(2) | Article 88 |
| Article 33 | Article 86 |
| Article 34 | Article 117 |
| Article 34a | Article 117 |
| Article 34b | Article 98 |
| Article 34c | Article 95 |
| Article 35 | Article 118 |
| Article 36 | Article 119 |
| Article 37 | Articles 112 and 113 |
| Article 38 | Article 3 |
| Article 39 | Article 122 |
| Article 40 | Article 124 |
| Regulation (EC) No 1627/94 | This Regulation |
| The entire Regulation | Article 7 |
| Regulation (EC) No 847/96 | This Regulation |
| Article 5 | Article 106 |
| Regulation (EC) No 2371/2002 | This Regulation |
| Article 21 | Articles 1 and 2 |
| Article 22(1) | Articles 6, 7, 8, 9, 14 and 75 |
| Article 22(2) | Articles 58, 59, 62, 68 and 75 |
| Article 23(3) | Article 5(3), Article 5(5) and Article 11 |
| Article 23(4) | Articles 105 and 106 |
| Article 24 | Article 5, Title VII and Articles 71 and 91 |
| Article 25 | Chapters III and IV of Title VII and Article 89 |
| Article 26(1) | Article 96 |
| Article 26(2) | Article 108 |
| Article 26(4) | Article 36 |
| Article 27(1) | Articles 96 to 99 |
| Article 27(2) | Articles 101 and 102 |
| Article 28(1) | Article 117 |
| Article 28(3) | Articles 80, 81 and 83 |
| Article 28(4) | Article 79 |
| Article 28(5) | Article 74 |
| Regulation (EC) No 811/2004 | This Regulation |
| Article 7 | Article 14(2) |
| Article 8 | Article 17 |
| Article 10 | Article 14(3) |
| Article 11 | Article 44 |
| Article 12 | Article 60(6) |
| Regulation (EC) No 2166/2005 | This Regulation |
| Article 9 | Article 14(3) |
| Article 10 | Article 60(1) |
| Article 12 | Article 44 |
| Article 13 | Article 60(6) |
| Regulation (EC) No 2115/2005 | This Regulation |
| Article 7 | Article 14(3) |
| Regulation (EC) No 388/2006 | This Regulation |
| Article 7 | Article 14(3) |
| Article 8 | Article 60(1) |
| Article 10 | Article 44 |
| Article 11 | Article 60(6) |
| Regulation (EC) No 509/2007 | This Regulation |
| Article 6 | Article 14(3) |
| Article 8 | Article 44 |
| Article 9 | Article 60(6) |
| Regulation (EC) No 676/2007 | This Regulation |
| Article 10 | Article 14(2) |
| Article 11 | Article 14(3) |
| Article 12 | Article 60(1) |
| Article 14 | Article 44 |
| Article 15 | Article 60(6) |
| Regulation (EC) No 1098/2007 | This Regulation |
| Article 15 | Article 14(3) |
| Article 19 | Article 60(1) |
| Article 24 | Article 46 |
| Regulation (EC) No 1342/2008 | This Regulation |
| Article 19(1) | Article 109(2) |
| Article 19(2) | Article 115 |
| Article 20 | Article 60 |
| Article 22 | Article 42 |
| Article 23 | Article 46 |
| Article 24 | Article 17 |
| Article 25 | Article 43 |
| Article 26 | Article 14(2) |
| Article 27 | Article 44 |
| Article 28 | Article 60(6) |