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Council Regulation (EC) No 1224/2009Show full title

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

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Changes and effects yet to be applied to Title IV:

TITLE IVU.K.CONTROL OF FISHERIES

CHAPTER IU.K.Control of the use of fishing opportunities

Section 1U.K.General provisions

Article 14U.K.Completion and submission of the fishing logbook

[F11.Without prejudice to specific provisions contained in multiannual plans, the master of each [F2United Kingdom] fishing vessel of 10 metres' length overall or more shall keep a fishing logbook of operations, indicating specifically, for each fishing trip, all quantities of each species caught and kept on board above 50 kg of live-weight equivalent. The 50 kg threshold shall apply as soon as catches of a species exceed 50 kg.]

2.The fishing logbook referred to in paragraph 1 shall contain in particular the following information:

(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;

[F1(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.

3.The permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % for all species.

[F14.Masters of [F3United Kingdom] fishing vessels shall record in their fishing logbook all estimated discards above 50 kg of live-weight equivalent in volume for any species not subject to the landing obligation.

Masters of [F3United Kingdom] fishing vessels shall also record in their fishing logbook all estimated discards in volume for any species not subject to the landing obligation pursuant to Article 15 F4... of Regulation (EU) No 1380/2013 of the European Parliament and of the Council(1).]

5.In fisheries subject to a F5... [F1regime of fishing effort, masters of] [F6United Kingdom] fishing vessels shall record and account in their fishing logbooks for the time spent in an area as follows:

(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.

6.Masters of [F7United Kingdom] fishing vessels shall submit the fishing logbook information as soon as possible and not later than 48 hours after landing:

(a)to [F8a fisheries administration]; and

(b)[F9if the landing has taken place in the port of a third country, to the competent authorities of the port country concerned].

7.To convert stored or processed fish weight into live fish weight, masters of [F10United Kingdom] fishing vessels shall apply the conversion factor established in accordance with [F11Commission Implementing Regulation (EU) No 404/2011].

8.Masters of third country fishing vessels operating in [F12United Kingdom] [F1waters shall record the information referred to in this Article in the same way as masters of] [F12United Kingdom] fishing vessels.

9.The accuracy of the data recorded in the fishing logbook shall be the responsibility of the master.

[F1310.A fisheries administration may make regulations specifying detailed rules for the application of this Article.]

Textual Amendments

Article 15U.K.Electronic completion and transmission of fishing logbook data

1.Masters of [F14United Kingdom] fishing vessels of 12 metres’ length overall or more shall record by electronic means the information referred to in Article 14, and shall send it by electronic means to the competent authority of [F15a fisheries administration] at least once a day.

2.Masters of [F16United Kingdom] fishing vessels of 12 metres’ length overall or more shall send the information referred to in Article 14 at the request of the competent authority of the [F17a fisheries administration], and shall in any event transmit the relevant fishing logbook data after the last fishing operation has been completed and before entering port.

F183.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.[F19A fisheries administration] may exempt masters of [F20fishing vessels in its fleet] of less than 15 metres’ length overall F21... from paragraph 1 if they:

(a)operate exclusively within the territorial seas of the [F22United Kingdom]; or

(b)never spend more than 24 hours at sea from the time of departure to the return to port.

5.Masters of [F23United Kingdom] fishing vessels that electronically record and report data on their fishing activities shall be exempt from the obligation to complete a paper fishing logbook, a landing declaration and a transhipment declaration.

F246.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7.A [F25fisheries administration] may oblige or authorise masters of fishing vessels flying its flag as of 1 January 2010 to electronically record and transmit the data referred to in Article 14.

F268.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F279.A fisheries administration may make regulations specifying detailed rules for the application of this Article.]

Textual Amendments

F28Article 16U.K.Fishing vessels not subject to fishing logbook requirements

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Textual Amendments

Article 17U.K.Prior notification

1.Masters of [F29United Kingdom] fishing vessels of 12 metres’ length overall or more engaged in fisheries on stocks subject to a multiannual plan, which are under the obligation to record fishing logbook data electronically in accordance with Article 15, shall notify the competent authorities of [F30a fisheries administration] at least four hours before the estimated time of arrival at port of the following information:

(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;

[F1(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.]

[F312.When a United Kingdom fishing vessel intends to enter a port which is not a United Kingdom port, a fisheries administration must immediately upon receipt forward the electronic prior notification to the competent authorities of the relevant coastal state.]

F323.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.The electronic fishing logbook data referred to in Article 15 and the electronic prior notification may be sent in a single electronic transmission.

5.The accuracy of the data recorded in the electronic prior notification shall be the responsibility of the master.

6.[F33A fisheries administration may, by regulations,] exempt certain categories of fishing vessels from the obligation set out in paragraph 1 for a limited period, which may be renewed, or make provision for another notification period taking into account, inter alia, the type of fisheries products, the distance between the fishing grounds, landing places and ports where the vessels in question are registered.

Textual Amendments

F34Article 18U.K.Prior notification of landing in another Member State

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Textual Amendments

Article 19U.K.Authorisation to access to port

The competent authorities of [F35a fisheries administration] may deny access to port to fishing vessels if the information referred to in [F36Article 17] is not complete, except in cases of force majeure.

Textual Amendments

Article 20U.K.Transhipment operations

1.Transhipments at sea shall be prohibited in [F37United Kingdom] waters. They shall be allowed only subject to an authorisation and to the conditions laid down in this Regulation in ports or places close to the shore F38... designated for this purpose, and in accordance with the conditions laid down in Article 43(5).

2.If the transhipment operation is interrupted, permission may be required before the transhipment operation is resumed.

3.For the purposes of this Article, relocation, pair trawling activities and fishing operations involving joint action by two or more [F39United Kingdom] fishing vessels shall not be considered as transhipment.

Textual Amendments

Article 21U.K.Completion and submission of the transhipment declaration

1.Without prejudice to specific provisions contained in multiannual plans, masters of [F40United Kingdom] fishing vessels of 10 metres’ length overall or more involved in a transhipment operation shall complete a transhipment declaration, indicating specifically all quantities of each species transhipped or received above 50 kg of live-weight equivalent.

2.The transhipment declaration referred to in paragraph 1 shall contain at least the following information:

(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;

[F1(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.

3.The permitted margin of tolerance in estimates recorded in the transhipment declaration of the quantities in kilograms of fish transhipped or received shall be 10 % for all species.

4.The masters of both the transhipping and the receiving fishing vessel shall each submit a transhipment declaration, as soon as possible and not later than 48 hours after transhipment:

(a)to [F41a fisheries administration]; and

[F42(b)if the transhipment has taken place in a port of a third country, to the competent authorities of that country.]

5.The masters of both the transhipping and the receiving fishing vessel shall each be responsible for the accuracy of the data recorded in their transhipment declaration.

6.[F43A fisheries administration may, by regulations,] exempt certain categories of fishing vessels from the obligation laid down in paragraph 1 for a limited and renewable period, or make provision for another notification period taking into account, inter alia, the type of fishery products and the distance between the fishing grounds, transhipping places and ports where the vessels in question are registered.

[F447.A fisheries administration may, by regulations, specify transhipment procedures and forms.]

Textual Amendments

Article 22U.K.Electronic completion and transmission of transhipment declaration data

1.Masters of [F45United Kingdom] fishing vessels of 12 metres’ length overall or more shall record by electronic means the information referred to in Article 21 and shall send it by electronic means to the competent authority of [F46a fisheries administration] within 24 hours after completion of the transhipment operation.

F472.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.A [F48fisheries administration] may exempt masters of [F49United Kingdom] fishing vessels of less than 15 metres’ length overall F50... from paragraph 1 if they:

(a)operate exclusively within the territorial seas of the [F51United Kingdom]; or

(b)never spend more than 24 hours at sea from the time of departure to the return to port.

F524.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F535.When a United Kingdom fishing vessel tranships its catches in another country, the competent authorities of a fisheries administration must immediately upon receipt forward the transhipment declaration data by electronic means to the competent authorities of the country where the catch was transhipped and where the catch is destined.]

F546.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F557.A fisheries administration may make regulations specifying detailed rules for the application of this Article.]

Textual Amendments

Article 23U.K.Completion and submission of the landing declaration

1.Without prejudice to specific provisions contained in multiannual plans, the master of a [F56United Kingdom] fishing vessel of 10 metres’ length overall or more, or his representative, shall complete a landing declaration, indicating specifically all quantities of each species landed.

2.The landing declaration referred to in paragraph 1 shall contain at least the following information:

(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;

[F1(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.

3.The master of a [F57United Kingdom] fishing vessel or his representative shall submit the landing declaration, as soon as possible and not later than 48 hours after the completion of the landing:

(a)to [F58the competent authorities of a fisheries administration]; and

[F59(b)if the landing has taken place in a port of a third country to the competent authorities of that country.]

4.The accuracy of the data recorded in the landing declaration shall be the responsibility of the master.

[F605.A fisheries administration may make regulations specifying detailed rules for the application of this Article.]

Textual Amendments

Article 24U.K.Electronic completion and transmission of landing declaration data

1.The master of a [F61United Kingdom] fishing vessel of 12 metres’ length overall or more, or his representative, shall record by electronic means the information referred to in Article 23, and shall send it by electronic means to the competent authority of [F62a fisheries administration] within 24 hours after completion of the landing operation.

F632.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.A [F64fisheries administration] may exempt masters of [F65United Kingdom] fishing vessels of less than 15 metres’ length overall F66... from paragraph 1 if they:

(a)operate exclusively within the territorial seas of the [F67fisheries administration]; or

(b)never spend more than 24 hours at sea from the time of departure to the return to port.

[F684.When a United Kingdom fishing vessel lands its catches in a third country, the competent authorities of a fisheries administration must immediately upon receipt forward the landing declaration data by electronic means to the competent authorities of the country where the catch was landed.]

5.The master of a [F69United Kingdom] fishing vessel, or his representative, who records by electronic means the information referred to in Article 23 and who lands his catch in a [F70third country] shall be exempt from the requirement to submit a paper landing declaration to [F71a fisheries administration].

6.A [F72fisheries administration] may oblige or authorise masters of [F73United Kingdom fishing vessels] as of 1 January 2010 to electronically record and transmit the data referred to in Article 23.

F747.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F758.A fisheries administration may, by regulations, specify landing declaration procedures and forms.]

Textual Amendments

F76Article 25U.K.Vessels not subject to landing declaration requirements

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Textual Amendments

Section 2U.K.Control of fishing effort

Article 26U.K.Monitoring of fishing effort

[F771.A fisheries administration must control the compliance with fishing effort regimes in geographical areas where maximum allowable fishing effort applies.]

2.Without prejudice to special rules, where a fishing vessel carrying on board or, where appropriate, deploying a fishing gear or gears subject to a fishing effort regime or operating in a fishery subject to a fishing effort regime crosses during the same day two or more geographical areas subject to that fishing effort regime, the fishing effort deployed shall be counted against the maximum allowable fishing effort related to such fishing gear or such fishery and to the geographical area in which the largest proportion of time was spent during that day.

3.Where a [F78fisheries administration] has authorised a fishing vessel in accordance with Article 27(2) to use more than one fishing gear or gears belonging to more than one grouping of fishing gears subject to a fishing effort regime during a certain fishing trip in a geographical area subject to that fishing effort regime, the fishing effort deployed during that trip shall be counted simultaneously against the maximum allowable fishing effort available F79... and related to each of such gears or groupings of fishing gears and to such geographical area.

4.Where fishing gears belong to the same grouping of fishing gears subject to the fishing effort regime, the fishing effort deployed in a geographical area by fishing vessels when carrying those gears on board shall be counted only once against the maximum allowable fishing effort related to such grouping of fishing gears and to such geographical area.

F805.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.A day present within an area shall be any continuous period of 24 hours or part thereof during which a fishing vessel is present within the geographical area and absent from port or where appropriate deploying its fishing gear. The time from which the continuous period of a day present in the area is measured is at the discretion of [F81a fisheries administration]. A day absent from port shall be any continuous period of 24 hours or part thereof during which the fishing vessel is absent from port.

Textual Amendments

Article 27U.K.Notification of fishing gear

1.Without prejudice to specific rules, in relevant geographical areas subject to a fishing effort regime where gear restrictions apply or where maximum allowable fishing effort were set for different fishing gears or groupings of fishing gears, the master of a fishing vessel or his representative shall notify to the competent authorities of [F82a fisheries administration] before a period to which maximum allowable fishing effort applies which fishing gear or, where applicable, fishing gears he intends to use during the forthcoming period. Until such notification is provided the fishing vessel shall not be entitled to fish within the geographical areas to which the fishing effort regime applies.

2.Where a fishing effort regime allows the use of gears belonging to more than one grouping of fishing gears in a geographical area, the use of more than one fishing gear during a fishing trip shall be subject to a prior authorisation by [F83a fisheries administration].

Textual Amendments

Article 28U.K.Fishing effort report

1.When [F84a fisheries administration] so decides for [F85United Kingdom] [F1fishing vessels which are not equipped with a functioning vessel monitoring system as referred to in Article 9 or which do not transmit fishing logbook data electronically as referred to in Article 15 and which are subject to a fishing effort regime, the masters of these fishing vessels shall communicate by telex, fax, telephone message or e-mail duly recorded by the recipient or by radio via a radio station approved under] [F86rules made by a fisheries administration] the following information in the form of a fishing effort report to the competent authorities of [F87a fisheries administration] and, where appropriate, to the [F88coastal state] immediately before each entry into and exit from a geographical area subject to that fishing effort regime:

(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.

F892.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 29U.K.Exemptions

1.A fishing vessel carrying on board fishing gears subject to a fishing effort regime may transit across a geographical area subject to that fishing effort regime if it has no fishing authorisation to operate in that geographical area or it has first notified its competent authorities of its intention to transit. While the fishing vessel is within that geographical area, any fishing gear subject to that fishing effort regime and carried on board shall be lashed and stowed in accordance with conditions laid down in Article 47.

2.A [F90fisheries administration] may choose not to count against any available maximum allowable fishing effort the activity of a fishing vessel undertaking non-fishing related activities in a geographical area subject to a fishing effort regime provided that the fishing vessel first notifies its [F91fisheries administration] of its intention to do so, of the nature of its activity and that it surrenders its fishing authorisation for that time. Such fishing vessels shall not carry any fishing gear or fish during that time.

3.A [F92fisheries administration] may choose not to count against any maximum allowable fishing effort the activity of a fishing vessel in a geographical area subject to a fishing effort regime which has been present in that geographical area but was unable to fish because it was assisting another fishing vessel in need of emergency aid or because it was transporting an injured person for emergency medical aid. F93...

Textual Amendments

Article 30U.K.Exhaustion of fishing effort

1.Without prejudice to Articles 29 and 31, in a geographical area where fishing gears are subject to a fishing effort regime a [F94United Kingdom] fishing vessel carrying on board such fishing gear or gears shall remain in port or out of that geographical area for the remainder of a period in which such fishing effort regime applies if:

(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 [F95United Kingdom fishing vessels] has been exhausted.

2.Without prejudice to Article 29, in a geographical area where a fishery is subject to a fishing effort regime, a [F96United Kingdom] fishing vessel shall not operate in that fishery in that area if:

(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 [F97United Kingdom fishing vessels] has been exhausted.

Textual Amendments

Article 31U.K.Fishing vessels excluded from the application of a fishing effort regime

This Section shall not apply to fishing vessels to the extent that they are exempted from the application of a fishing effort regime.

[F98Article 32U.K.Detailed rules

A fisheries administration may make regulations specifying detailed rules for the application of this Section.]

Textual Amendments

Section 3U.K.Recording [F99of catches and fishing effort data]

Article 33U.K.Recording of catches and fishing effort

1.[F100A fisheries administration must] record all relevant data, in particular data referred to in Articles 14, 21, 23, 28 and 62, on fishing opportunities as referred to in this Chapter, expressed both in terms of landings and, where appropriate, fishing effort, and shall keep the originals of those data for a period of three years or longer in accordance with national rules.

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F1013.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1014.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.All catches of a stock or a group of stocks subject to quota made by [F102United Kingdom] fishing vessels shall be charged against the quotas applicable to the [F103United Kingdom] for the stock or group of stocks in question, irrespective of the place of landing.

[F16.Catches taken in the framework of scientific research which are marketed and sold, including, where appropriate, those below the applicable minimum conservation reference size, shall be counted against the quota applicable to the [F104United Kingdom] insofar as they exceed 2 % of the quotas concerned. [F105Article 5(5) of Regulation (EU) 2017/1004 of the European Parliament and of the Council] shall not apply to scientific research voyages during which such catches are taken.]

F1067.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.Except for effort deployed by fishing vessels that are excluded from the application of a fishing effort regime, all fishing effort deployed by [F107United Kingdom] fishing vessels when carrying on board or, where appropriate, using a fishing gear or gears subject to a fishing effort regime or operating in a fishery subject to a fishing effort regime in a geographical area subject to that fishing effort regime shall be counted against the maximum allowable fishing effort related to such geographical area and to such fishing gear or such fishery available to [F108United Kingdom fishing vessels].

9.Fishing effort deployed in the framework of scientific research by a vessel carrying a fishing gear or gears subject to a fishing effort regime or operating in a fishery subject to a fishing effort regime in a geographical area subject to that fishing effort regime shall be counted against the maximum allowable fishing effort related to such fishing gear or gears or such fishery and to such geographical area of [F109the United Kingdom] if the catches taken during the deployment of this effort are marketed and sold insofar as they exceed 2 % of the fishing effort allocated. [F110Article 5(5) of Regulation (EU) 2017/1004 of the European Parliament and of the Council] shall not apply to scientific research voyages during which such catches are taken.

F11110.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F112Article 34U.K.Data on the exhaustion of fishing opportunities

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Textual Amendments

Textual Amendments

F113Section 4U.K.Closure of fisheries

F113Article 35U.K.Closure of fisheries by Member States

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F113Article 36U.K.Closure of fisheries by the Commission

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F113Article 37U.K.Corrective measures

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Textual Amendments

CHAPTER IIU.K.Control of fleet management

F114Section 1U.K.Fishing capacity

F114Article 38U.K.Fishing capacity

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Textual Amendments

Section 2U.K.Engine power

Article 39U.K.Monitoring of engine power

1.It shall be prohibited to fish with a fishing vessel that is equipped with an engine the power of which exceeds the one established in the fishing licence.

[F1152.A fisheries administration must ensure that the certified engine power is not exceeded.]

3.[F116A fisheries administration] may charge parts or all costs arising from the certification of engine power to the operators of the fishing vessels.

Textual Amendments

Article 40U.K.Certification of engine power

1.[F117A fisheries administration is] responsible for certifying engine power and issuing engine certificates for [F118United Kingdom] fishing vessels whose propulsion engine power exceeds 120 kilowatts (kW), except vessels using exclusively static gear or dredge gear, auxiliary vessels and vessels used exclusively in aquaculture.

2.A new propulsion engine, a replacement propulsion engine and a propulsion engine that has been technically modified of fishing vessels referred to in paragraph 1 shall be officially certified by [F119a fisheries administration's] competent authorities as not being capable of developing more maximum continuous engine power than stated in the engine certificate. Such a certificate shall only be issued if the engine is not capable of developing more than the stated maximum continuous engine power.

3.[F120A fisheries administration's] competent authorities may assign the certification of engine power to classification societies or to other operators having the necessary expertise for the technical examination of engine power. Those classification societies or other operators shall only certify a propulsion engine as not being capable of exceeding the officially stated power if there is no possibility to increase the performance of the propulsion engine above the certified power.

4.It shall be prohibited to use a new propulsion engine, a replacement propulsion engine or a propulsion engine that has been technically modified if such engine has not been officially certified by [F121a fisheries administration].

F1225.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1236.A fisheries administration may make regulations specifying detailed rules for the application of this Section.]

Textual Amendments

Article 41U.K.Verification of engine power

1.[F124A fisheries administration] shall undertake, following a risk analysis, data verification, established on a sampling plan F125... of the consistency of engine power using all the information available to the administration concerning the technical characteristics of the vessel concerned. In particular they shall verify the information contained in:

(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 [F1262009/15/EC];

(e)the sea trial certificate;

(f)the [F127United Kingdom] Fishing Fleet Register; and

(g)any other documents providing relevant information on vessel power or any related technical characteristics.

2.Following the analysis of the information referred to in paragraph 1, where there are indications that the engine power of a fishing vessel is greater than the power stated on its fishing licence, [F128a fisheries administration must] proceed to a physical verification of the engine power.

Textual Amendments

CHAPTER IIIU.K.Control of multiannual plans

F129Article 42U.K.Transhipment in port

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Textual Amendments

Article 43U.K.Designated ports

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[F1312.Where a multiannual plan contains a threshold, applicable to the live weight of species subject to the plan, above which catches of such species must be landed in a designated port or place close to the shore, the master of a United Kingdom fishing vessel must ensure that landings of fish above the threshold are only made in a designated port or place close to the shore.]

3.When the multiannual plan is applied in the framework of a regional fisheries management organisation, the landings or transhipments may take place in the ports of a Contracting Party or a non-contracting Cooperating Party of that organisation, in accordance with the rules laid down by that regional fisheries management organisation.

4.[F132A fisheries administration must] designate ports or places close to the shore in which landings referred to in paragraph 2 shall take place.

5.For a port or place close to the shore to be determined as a designated port, the following conditions shall be met:

(a)established landing or transhipment times;

(b)established landing or transhipment places;

(c)established inspection and surveillance procedures.

6.Where a port or place close to the shore has been determined as a designated port for the landing of a given species subject to a multiannual plan, it may be used for the landing of any other species.

7.[F133A fisheries administration is exempt] from paragraph 5(c) if the F134... control action programme adopted in accordance with Article 46 contains a plan on how to perform control in designated ports, ensuring the same level of control by competent authorities. F135...

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Article 44U.K.Separate stowage of demersal catches subject to multiannual plans

1.All catches of demersal stocks subject to a multiannual plan retained on board a [F136United Kingdom] fishing vessel of 12 metres’ length overall or more shall be placed in boxes, compartments or containers separately for each of such stocks in such a way that they are identifiable from other boxes, compartments or containers.

2.Masters of [F136United Kingdom] fishing vessels shall keep the catches of demersal stocks subject to a multiannual plan according to a stowage plan that describes the location of the different species in the holds.

3.It shall be prohibited to retain on board a [F136United Kingdom] fishing vessel in any box, compartment or container any quantity of catches of demersal stocks subject to a multiannual plan mixed with any other fisheries product.

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F137Article 45U.K.Real time use of quotas

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Article 46U.K.F138... Control action programmes

[F1391.A fisheries administration must define a control action programme applicable to each multiannual plan.]

2.[F140A fisheries administration must] set out specific inspection benchmarks in accordance with Annex I. Such benchmarks shall be defined in accordance with risk management and shall be revised periodically after an analysis of the results achieved has been made. Inspection benchmarks shall evolve progressively until the target benchmarks defined in Annex I are reached.

Textual Amendments

CHAPTER IVU.K.Control of technical measures

Section 1U.K.Use of fishing gear

Article 47U.K.Fishing gear

In fisheries in which it is not allowed to use more than one type of gear, any other gear shall be lashed and stowed so that it may not readily be used, in accordance with the following conditions:

(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.

Article 48U.K.Retrieval of lost gear

1.A [F141United Kingdom] fishing vessel shall have the equipment on board to retrieve lost gear.

2.The master of a [F142United Kingdom] fishing vessel that has lost gear or part of it shall attempt to retrieve it as soon as possible.

3.[F143If the lost gear cannot be retrieved, the master of the vessel must inform the competent authorities of a fisheries administration, which must then inform the competent authority of the coastal state if the gear is lost in waters outside United Kingdom waters, within 24 hours of the following:]

(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.

4.If the gear that is retrieved by the competent authorities of [F144a fisheries administration] has not been reported as lost, these authorities may recover the cost from the master of the fishing vessel that lost the gear.

5.A [F145fisheries administration] may exempt [F146United Kingdom] fishing vessels of less than 12 metres’ length overall F147... from the requirement set out in paragraph 1 if they:

(a)operate exclusively within the territorial seas of the [F148United Kingdom]; or

(b)never spend more than 24 hours at sea from the time of departure to the return to port.

Textual Amendments

Article 49U.K.Catch composition

1.If catches which have been retained on board any [F149United Kingdom] fishing vessel have been taken with nets with different minimum mesh sizes during the same voyage, the species composition shall be calculated for each part of the catch which has been taken under different conditions. To that end, all changes from the mesh size previously used as well as the catch composition on board at the moment of any such change shall be entered into the fishing logbook.

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[F151Article 49aU.K. Separate stowage of catches below the minimum conservation reference sizes

1.All catches below the applicable minimum conservation reference size retained on board a [F152United Kingdom] fishing vessel shall be placed in boxes, compartments or containers in such a way that they are identifiable from other boxes, compartments or containers. Those catches shall not be mixed with any other fishery products.

2.Paragraph 1 shall not apply:

[F153(a)where the catches contain more than 80% of one or more of the following species—

(i)mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine, sprat (i.e. small pelagic fisheries);

(ii)capelin, sandeel, Norwegian pout (i.e. fisheries for industrial purposes);]

(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.

3.In the cases referred to in paragraph 2, [F154a fisheries administration must] monitor the catch composition by way of sampling.

Textual Amendments

Article 49bU.K. De minimis rule

[F155A fisheries administration must] ensure that catches falling under the de minimis exemption referred to in point (c) of Article 15(5) of Regulation (EU) No 1380/2013 do not exceed the percentage of the exemption established in the relevant F156... measure.

Textual Amendments

Article 49cU.K. Landing of catches below the minimum conservation reference sizes

Where catches below the applicable minimum conservation reference size are landed, those catches shall be stored separately and be treated in such a way that they are distinguished from fishery products destined for direct human consumption. F157...]

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Section 2U.K.Control of fishing restricted areas

Article 50U.K.Control of fishing restricted areas

1.Fishing activities of [F158United Kingdom] fishing vessels and third country fishing vessels in fishing zones [F159within United Kingdom waters] where a fishing restricted area has been established F160... shall be controlled by the fisheries monitoring centre of [F161a fisheries administration], which shall have a system to detect and record the vessels’ entry into, transit through and exit from the fishing restricted areas.

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3.The frequency of data transmissions shall be of at least once every 30 minutes when a fishing vessel enters a fishing restricted area.

4.Transit through a fishing restricted area is allowed for all fishing vessels that are not authorised to fish in such areas subject to the following conditions:

(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 [F163a fisheries administration].

5.This Article shall apply to [F164United Kingdom] fishing vessels and third country fishing vessels of 12 metres’ length overall or more.

Textual Amendments

F165Section 3U.K. [F165Real-time closure of fisheries

F165Article 51U.K. General provisions

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F165Article 52U.K. Trigger catch in two hauls

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F165Article 53U.K. Real-time closure by Member States

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F165Article 54U.K. Real-time closure by the Commission]

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Textual Amendments

[F166Section 4 U.K. On-board processing and pelagic fisheries

Article 54a U.K. On-board processing

1. The carrying out on board a fishing vessel of any physical or chemical processing of fish to produce fish-meal, fish-oil, or similar products or to tranship catches of fish for such purposes shall be prohibited.

2. Paragraph 1 shall not apply to:

(a) the processing or transhipment of offal; or

(b) the production on board a fishing vessel of surimi.

Article 54bU.K. Catch handling and discharge restrictions on pelagic vessels

1.The maximum space between bars in the water separator on board pelagic fishing vessels targeting mackerel, herring and horse mackerel operating in the NEAFC Convention Area as defined in Article 3(2) of Regulation (EU) No 1236/2010 shall be 10 mm.

The bars shall be welded in place. If holes are used in the water separator instead of bars, the maximum diameter of the holes shall not exceed 10 mm. Holes in the chutes before the water separator shall not exceed 15 mm in diameter.

2.Pelagic vessels operating in the NEAFC Convention Area shall be prohibited from discharging fish under their water line from buffer tanks or refrigerated seawater (RSW) tanks.

3.Drawings related to the catch handling and discharge capabilities of pelagic vessels targeting mackerel, herring and horse mackerel in the NEAFC Convention Area F167... , as well as any modifications thereto, shall be sent by the master of the vessel to the [F168competent authorities of a fisheries administration]. The competent authorities of [F169a fisheries administration must] carry out periodic verifications of the accuracy of the drawings submitted. Copies shall be carried on board the vessel at all times.

Textual Amendments

Article 54c U.K. Restrictions on the use of automatic grading equipment

1. The carrying or use on board a fishing vessel of equipment which is capable of automatically grading, by size or by sex, herring or mackerel or horse mackerel shall be prohibited.

2. However, the carrying and use of such equipment shall be permitted provided that:

(a) the vessel does not simultaneously carry or use on board either towed gear of mesh size less than 70 mm or one or more purse seines or similar fishing gear; or

(b) the whole of the catch which may be lawfully retained on board:

(i)

is stored in a frozen state;

(ii)

the graded fish are frozen immediately after grading and no graded fish are returned to the sea; and

(iii)

the equipment is installed and located on the vessel in such a way as to ensure immediate freezing and not to allow the return of marine species to the sea.

3. By way of derogation from paragraphs 1 and 2 of this Article, any vessel authorised to fish in the Baltic Sea, the Belts or the Sound may carry automatic grading equipment in the Kattegat provided that a fishing authorisation has been issued in accordance with Article 7. The fishing authorisation shall define the species, areas, time periods and any other required conditions applicable to the use and carriage on board of the grading equipment.

4. This Article shall not apply in the Baltic Sea.]

Textual Amendments

F170CHAPTER VU.K.Control of recreational fisheries

F170Article 55U.K.Recreational fisheries

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Textual Amendments

(1)

[F1Regulation (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 ).]

Textual Amendments

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