Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy
Modified by
  • Commission Implementing Regulation (EU) 2015/1962of 28 October 2015amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, 32015R1962, October 31, 2015
  • Commission Implementing Regulation (EU) 2020/30of 14 January 2020amending Implementing Regulation (EU) No 404/2011 as regards detailed rules for the direct electronic exchange of information enacted under the rules of the Common Fisheries Policy, 32020R0030, January 15, 2020
  • Commission Implementing Regulation (EU) 2020/863of 22 June 2020correcting the German language version of Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy, 32020R0863, June 24, 2020
Corrected by
  • Corrigendum to Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy, 32011R0404R(01), December 10, 2011
Commission Implementing Regulation (EU) No 404/2011of 8 April 2011laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy TITLE IGENERAL PROVISIONSSCOPE
Article 1Subject matterThis Regulation lays down detailed rules for the application of the control system of the European Union as established by the Control Regulation.
Article 2DefinitionsFor the purpose of this Regulation the following definitions shall apply:(1)"Union fishing vessel" means a fishing vessel flying the flag of a Member State and registered in the Union;(2)"Union waters" means waters defined in point (1) of Article 4(1) of Regulation (EU) No 1380/2013 of the European Parliament and of the CouncilRegulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on 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 (OJ L 354, 28.12.2013, p. 22).;(3)"holder of a fishing licence" means a natural or legal person to whom a fishing licence as referred to Article 6 of the Control Regulation has been issued;(4)"Union inspectors" means inspectors as defined in Article 4(7) of the Control Regulation;(5)"fish aggregating device" means any equipment floating on the sea surface or anchored with the objective of attracting fish;(6)"passive gear" means any fishing gear the catch operation of which does not require an active movement of the gear, including:(a)gillnets, entangling nets, trammel nets, and trap nets;(b)drifting gillnets, and drifting trammel nets, any of which may be equipped with anchoring, floating and navigational gear;(c)long lines, lines, pots and traps;(7)"beam trawl" means any towed trawl in which the mouth of the trawl is held open by a beam or similar device, irrespectively of whether they are supported or not when dragged along the seabed;(8)"vessel monitoring system" (VMS) as referred to in Article 9(1) of the Control Regulation means a satellite-based fishing vessel monitoring system providing to the fisheries authorities data at regular intervals on the location, course and speed of vessels;(9)"satellite-tracking device" as referred to in Article 4(12) of the Control Regulation means a device installed on board of a fishing vessel that transmits position and related data automatically to the fisheries monitoring centre according to the legal requirements and that allows detection and identification of the fishing vessel at all times;(10)"fishing trip" means any voyage of a fishing vessel during which fishing activities are conducted that starts at the moment when the fishing vessel leaves a port and ends on arrival in port;(11)"fishing operation" means all activities in connection with searching for fish, the shooting, towing and hauling of active gears, setting, soaking, removing or resetting of passive gears and the removal of any catch from the gear, keep nets, or from a transport cage to fattening and farming cages;(12)"electronic fishing logbook" means the record by computerised means of fishing operation details by the master of a fishing vessel transmitted to the Member State authorities;(13)"product presentation" means a description of the processed state of the fisheries product or part thereof in accordance with the codes and descriptions in Annex I;(14)"European Fisheries Control Agency" means the agency as defined in Article 1 of Council Regulation (EC) No 768/2005OJ L 128, 21.5.2005, p. 1.;(15)"sighting" means any observation of a fishing vessel by any competent authority of a Member State;(16)"commercially sensitive information" means information the release of which is likely to prejudice the commercial interests of an operator;(17)"computerised validation system" means a system capable of verifying that all data recorded in Member States databases is accurate, complete and submitted within the deadlines;(18)"web service" means a software system designed to support interoperable machine-to-machine interaction over a network.
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