Commission Regulation (EU) No 86/2010Show full title

Commission Regulation (EU) No 86/2010

of 29 January 2010

amending Annex I to Council Regulation (EC) No 1005/2008 as regards the definition of fishery products and amending Commission Regulation (EC) No 1010/2009 as regards exchange of information on inspections of third country vessels and administrative arrangements on catch certificates

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the European Union and to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing(1), in particular Articles 9(1), 12(5), 51(3) and 52 thereof,

Whereas:

(1) Regulation (EC) No 1005/2008 applies to fishery products falling under the definition given in its Article 2. Annex I to that Regulation lists the products excluded from the definition of fishery products. That list may be reviewed each year and should now be amended on the basis of new information gathered under the administrative cooperation with third countries provided for in Article 20(4) of Regulation (EC) No 1005/2008.

(2) Commission Regulation (EC) No 1010/2009 of 22 October 2009 laying down detailed rules for the implementation of Regulation (EC) No 1005/2008 sets, inter alia, benchmarks for the conduct of port inspections by Member States(2). In order for Member States to implement the inspection benchmarks set out in Article 4(c) and (d) of that Regulation, information on inspections of third country vessels should be transmitted electronically to the Commission who shall make that information available to other Member States.

(3) Administrative arrangements by which catch certificates are established, validated or submitted by electronic means or replaced by electronic traceability systems ensuring the same level of control by authorities are to be listed in Annex IX to Regulation (EC) No 1010/2009. Since new administrative arrangements on catch certificates have been agreed, that Annex should be updated.

(4) Regulations (EC) No 1005/2008 and 1010/2009 should be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1 Amendments to Regulation (EC) No 1005/2008

Annex I to Regulation (EC) No 1005/2008 is amended as set out in Annex I to this Regulation.

Article 2 Amendments to Regulation (EC) No 1010/2009

Regulation (EC) No 1010/2009 is amended as follows:

1.

In Article 4, the following paragraph is added:

‘In respect of points (c) and (d) of the first paragraph, Member States shall without delay report to the Commission the name and the flag of the third country vessel inspected and the date of inspection. The Commission shall make this information available to other Member States.’

2.

Annex IX is amended as set out in Annex II to this Regulation.

Article 3 Entry into force

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 January 2010.

For the Commission

The President

José Manuel Barroso

ANNEX I

Annex I of Regulation (EC) No 1005/2008 is amended as follows:

a CN codes correspond to Commission Regulation (EC) No 948/2009 (OJ L 287, 31.10.2009).’
‘ex Chapter 3 ex 1604 ex 1605	Aquaculture products obtained from fry or larvae
0301 10a	Ornamental fish, live
ex 0301 91	Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), live, caught in freshwater
ex 0301 92 00	Eels (Anguilla spp.), live, caught in freshwater
0301 93 00	Carp, live
ex 0301 99 11	Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), live, caught in freshwater
0301 99 19	Other freshwater fish, live
ex 0302 11	Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater
ex 0302 12 00	Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater
ex 0302 19 00	Other Salmonidae, fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater
ex 0302 66 00	Eels (Anguilla spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater
0302 69 11	Carp, fresh or chilled, excluding fish fillets and other fish meat of heading 0304
0302 69 15	Tilapia (Oreochromis spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304
0302 69 18	Other freshwater fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304
ex 0302 70 00	Livers and roes, fresh or chilled, of other freshwater fish
ex 0303 11 00	Sockeye salmon (red salmon) (Oncorhynchus nerka), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater
ex 0303 19 00	Other Pacific salmon (Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater
ex 0303 21	Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater
ex 0303 22 00	Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater
ex 0303 29 00	Other salmonidae, excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater
ex 0303 76 00	Eels (Anguilla spp.), frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater
0303 79 11	Carp, frozen, excluding fish fillets and other fish meat of heading 0304
0303 79 19	Other freshwater fish, frozen, excluding fish fillets and other fish meat of heading 0304
ex 0303 80	Livers and roes, frozen, of other freshwater fish
0304 19 01	Fish fillets, fresh or chilled, of Nile perch (Lates niloticus)
0304 19 03	Fish fillets, fresh or chilled, of pangasius (Pangasius spp.)
ex 0304 19 13	Fish fillets, fresh or chilled, of Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), caught in freshwater
ex 0304 19 15	Fish fillets, fresh or chilled, of the species Oncorhynchus mykiss weighing more than 400 g each, caught in freshwater
ex 0304 19 17	Fish fillets, fresh or chilled, of trout of the species Salmo trutta, Oncorhynchus mykiss (weighing 400 g or less), Oncorhynchus clarki, Oncorhynchus aguabonita and Oncorhynchus gilae, caught in freshwater
0304 19 18	Fish fillets, fresh or chilled, of other freshwater fish
0304 19 91	Other fish meat (whether or not minced), fresh or chilled, of freshwater fish
0304 29 01	Frozen fillets of Nile perch (Lates niloticus)
0304 29 03	Frozen fillets of pangasius (Pangasius spp.)
0304 29 05	Frozen fillets of Tilapia (Oreochromis spp.)
ex 0304 29 13	Frozen fillets of Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), caught in freshwater
ex 0304 29 15	Frozen fillets of Oncorhynchus mykiss weighing more than 400 g each, caught in freshwater
ex 0304 29 17	Frozen fillets of trout of the species Salmo trutta, Oncorhynchus mykiss (weighing 400 g or less), Oncorhynchus clarki, Oncorhynchus aguabonita and Oncorhynchus gilae, caught in freshwater
0304 29 18	Frozen fillets of other freshwater fish
0304 99 21	Other fish meat (whether or not minced), frozen, of freshwater fish
0305 10 00	Flours, meals and pellets of fish, fit for human consumption
ex 0305 20 00	Livers and roes of freshwater fish, dried, smoked, salted or in brine
ex 0305 30 30	Fish fillets, salted or in brine, of Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), caught in freshwater
ex 0305 30 90	Fish fillets, dried, salted or in brine, but not smoked, of other freshwater fish
ex 0305 41 00	Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), smoked, including fillets, caught in freshwater
ex 0305 49 45	Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), smoked, including fillets, caught in freshwater
ex 0305 49 50	Eels (Anguilla spp.), smoked, including fillets, caught in freshwater
ex 0305 49 80	Other freshwater fish, smoked, including fillets
ex 0305 59 80	Other freshwater fish, dried, whether or not salted, but not smoked
ex 0305 69 50	Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), in brine or salted but not dried or smoked, caught in freshwater
ex 0305 69 80	Other freshwater fish, in brine or salted but not dried or smoked
0306 19 10	Freshwater crayfish, frozen
ex 0306 19 90	Flours, meals and pellets of crustaceans, frozen, fit for human consumption
0306 29 10	Freshwater crayfish, live, fresh, chilled, dried, salted or in brine, in shell, cooked by steaming or by boiling in water, whether or not chilled, dried salted or in brine
ex 0306 29 90	Flours, meals and pellets of crustaceans, not frozen, fit for human consumption
0307 10	Oysters, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine
0307 21 00	Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, live, fresh or chilled
0307 29	Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, other than live, fresh or chilled
0307 31	Mussels (Mytilus spp., Perna spp.), live, fresh or chilled
0307 39	Mussels (Mytilus spp., Perna spp.), other than live, fresh or chilled
0307 60 00	Snails, other than sea snails, live, fresh, chilled, frozen, dried, salted or in brine
ex 0307 91 00	Other aquatic invertebrates other than crustaceans and those molluscs specified or included in subheadings 0307 10 10 to 0307 60 00, except Illex spp. and cuttlefish of the species Sepia pharaonis, live, fresh or chilled
0307 99 13	Striped venus and other species of the family Veneridae, frozen
0307 99 15	Jellyfish (Rhopilema spp.), frozen
ex 0307 99 18	Other aquatic invertebrates other than crustaceans and those molluscs specified or included in subheadings 0307 10 10 to 0307 60 00 and 0307 99 11 to 0307 99 15, except cuttlefish of the species Sepia pharaonis, including flours, meal and pellets of aquatic invertebrates other than crustaceans, fit for human consumption, frozen
ex 0307 99 90	Other aquatic invertebrates other than crustaceans and those molluscs specified or included in subheadings 0307 10 10 to 0307 60 00, except Illex spp. and cuttlefish of the species Sepia pharaonis, including flours, meal and pellets of aquatic invertebrates other than crustaceans, fit for human consumption, dried, salted or in brine
ex 1604 11 00	Salmon, caught in freshwater, prepared or preserved, whole or in pieces, but not minced
ex 1604 19 10	Salmonidae, other than salmon, caught in freshwater, prepared or preserved, whole or in pieces, but not minced
ex 1604 20 10	Salmon, caught in freshwater, otherwise prepared or preserved (other than whole or in pieces, but not minced)
ex 1604 20 30	Salmonidae, other than salmon, caught in freshwater, otherwise prepared or preserved (other than whole or in pieces, but not minced)
ex 1604 19 91	Fillets of freshwater fish, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, frozen
ex 1605 40 00	Freshwater crayfish, prepared or preserved
1605 90 11	Mussels (Mytilus spp., Perna spp.), prepared or preserved, in airtight containers
1605 90 19	Mussels (Mytilus spp., Perna spp.), prepared or preserved, other than in airtight containers
ex 1605 90 30	Scallops, oysters and snails, prepared or preserved
1605 90 90	Other aquatic invertebrates, other than molluscs, prepared or preserved

ANNEX II

The following text is inserted into Annex IX to Regulation (EC) No 1010/2009:

‘Section 1 NORWAY

CATCH CERTIFICATION SCHEME

Norway shall require a catch certificate for landings and imports to Norway of catches made by fishing vessels flying the flag of a Member State of the European Community.

In accordance with Article 12(4) of Regulation (EC) No 1005/2008, the catch certificate provided for in Article 12 and Annex II of Regulation (EC) No 1005/2008 shall, as of 1 January 2010, be replaced — for fisheries products obtained from catches made by fishing vessels flying the flag of Norway — by a Norwegian catch certificate based on the Norwegian system of sales notes, which is an electronic traceability system under the control of the Norwegian authorities ensuring the same level of control by authorities as required under the Community catch certification scheme.

A specimen of a Norwegian catch certificate is given in the Appendix.

The Norwegian system of sales notes shall also be used to issue and validate a catch certificate for export consignments from Norway to the European Community of conventional fishery products including stock-fish, salted fish and salted and dried klippfish, using raw material from small fishing vessels and/or involving production comprising several steps in the production process, in accordance with entry 7. bis of the attached specimen.

Documents referred to in Article 14(1) and (2) of Regulation (EC) No 1005/2008 may be established, validated and submitted by electronic means.

MUTUAL ASSISTANCE

Mutual assistance under Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and administrative cooperation between respective competent authorities in Norway and the Member States of the European Community, based on detailed rules on mutual assistance laid down in Commission Regulation (EC) No 1010/2009.

Appendix

Section 2 UNITED STATES

CATCH CERTIFICATION SCHEME

In accordance with Article 12(4) of Regulation (EC) No 1005/2008, the catch certificate provided in Article 12 and Annex II of Regulation (EC) No 1005/2008 shall be replaced — for fisheries products obtained from catches made by fishing vessels flying the flag of the United States — by the US catch certificate, supported by electronic reporting and record keeping systems under the control of the US authorities ensuring the same level of control by authorities as required under the Community catch certification scheme.

A specimen of the US catch certificate, which shall replace the European Community Catch Certificate and Re-export Certificate as from 1 January 2010, is given in the Appendix.

MUTUAL ASSISTANCE

Mutual assistance under Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and administrative cooperation between respective competent authorities in the United States and Member States of the European Community, based on detailed rules on mutual assistance laid down in Commission Regulation (EC) No 1010/2009.

Appendix

Section 3 NEW ZEALAND

CATCH CERTIFICATION SCHEME

In accordance with Article 12(4) of Regulation (EC) No 1005/2008, the catch certificate provided for in Article 12 and Annex II of Regulation (EC) No 1005/2008 shall be replaced — for fisheries products obtained from catches made by fishing vessels flying the flag of New Zealand — by the New Zealand catch certificate, which is an electronic traceability and certification system under the control of the New Zealand authorities ensuring the same level of control by authorities as required under the Community catch certification scheme.

A specimen of the New Zealand catch certificate, which shall replace the European Community Catch Certificate and Re-export Certificate for catches by fishing vessels registered in New Zealand and which are landed in New Zealand from 1 January 2010, is given in Appendix I.

Supporting explanatory notes on the New Zealand catch certificate are given in Appendix II.

Documents referred to in Article 14(1) and (2) of Regulation (EC) No 1005/2008 may be communicated by electronic means.

MUTUAL ASSISTANCE

Mutual assistance under Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and assistance between respective competent authorities in New Zealand and Member States of the European Community, based on detailed rules on mutual assistance laid down in Commission Regulation (EC) No 1010/2009.

Appendix I Specimen of the New Zealand catch certificate

Appendix II Supporting explanatory notes on the New Zealand catch certificate

The “consignor” is the “exporter”

Any information included in an “unofficial information” box and information that follows the New Zealand government signatures is not validated by the New Zealand government.’

(1)

OJ L 286, 29.10.2008, p. 1.

(2)

OJ L 280, 27.10.2009, p. 5.