TITLE ITITLE II GENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES CHAPTER I Fishing licenses CHAPTER II Fishing authorisations CHAPTER III Marking and identification of Union fishing vessels and their gear Section 1 Marking and identification of fishing vessels Section 2 Marking and identification of fishing gear and crafts CHAPTER IV Vessel monitoring system TITLE III CONTROL OF FISHERIES CHAPTER I Fishing logbook, transhipment declaration and landing declaration in paper format Section 1 Completion and submission of a fishing logbook, landing declaration and transhipment declaration in paper format Section 2 Specific rules for the fishing logbook in paper format Section 3 Specific rules for the transhipment declaration and landing declaration in paper format CHAPTER II Fishing logbook, landing declaration and transhipment declaration in electronic format Section 1 Completion and transmission of a fishing logbook, landing declaration and transhipment declaration data in electronic format Section 2 Specific rules for the fishing logbook in electronic format CHAPTER III Common rules for fishing logbooks, transhipment declarations and landing declarations in paper or electronic format Section 1 Common rules for the determination of live weight Section 2 Common rules for the completion and submission of the Fishing logbook Section 3 Common rules for the completion and submission of transhipment/landing declarations CHAPTER IV Sampling plans and collection of data on Union fishing vessels not subject to fishing logbook and landing declaration requirements CHAPTER V Control of fishing effort CHAPTER VI Corrective measures CHAPTER VII Engine power CHAPTER VIII Control of recreational fisheries TITLE IV CONTROL OF MARKETING CHAPTER I Traceability CHAPTER II Weighing of fisheries products Section 1 General rules on weighing Section 2 Special rules for weighing of certain pelagic species CHAPTER III Sales notes and take-over declarations TITLE V SURVEILLANCE CHAPTER I Surveillance reports CHAPTER II Control observers TITLE VI INSPECTION CHAPTER I Conduct of inspections Section 1 General provisions Section 2 Inspections at sea Section 3 Inspections in port Section 4 Transport inspections Section 5 Market inspections CHAPTER II Duties of operators CHAPTER III Inspection report CHAPTER IV Electronic database CHAPTER V Union inspectors TITLE VII ENFORCEMENT TITLE VIII MEASURES TO ENSURE COMPLIANCE BY THE MEMBER STATES OF COMMON FISHERIES POLICY OBJECTIVES CHAPTER I Suspension and cancellation of Union financial assistance CHAPTER II Deduction of fishing opportunities CHAPTER III Deduction of quotas for failure to comply with the rules of the common fisheries policy TITLE IX DATA AND INFORMATION CHAPTER I Analysis and audit of data CHAPTER Ia Rules for the exchange of data CHAPTER II Websites of Member States TITLE X IMPLEMENTATION CHAPTER I Mutual assistance Section 1 General provisions Section 2 Information without prior request Section 3 Requests for assistance Section 4 Relations with the Commission or the body designated by it Section 5 Relations with third countries CHAPTER II Reporting obligations TITLE XI FINAL PROVISIONS
1.FISHING VESSEL DETAILS 2.LICENCE HOLDER / FISHING VESSEL OWNER / FISHING VESSEL AGENT...3.CHARACTERISTICS OF FISHING CAPACITY A.IDENTIFICATION 1.Union fleet register number 2.Name of fishing vessel 3.External registration letters and number B.FISHING CONDITIONS 1.Date of issue: 2.Period of validity: 3.Conditions of authorisation including, where appropriate, species, zone and fishing...CHARACTERISTICS OF MARKER BUOYS WESTERN END MARKER BUOYS EASTERN END MARKER BUOYS INTERMEDIARY MARKER BUOYS A.Content of position report and definition of the data elements...B.Structure of the position report 1.INSTRUCTIONS CONCERNING THE FISHING LOGBOOK 2.INSTRUCTIONS CONCERNING THE LANDING/TRANSHIPMENT DECLARATION 3.ADDITIONAL INSTRUCTIONS FOR RECORDING FISHING EFFORT IN THE FISHING LOGBOOK...3.1.Information concerning fishing effort (a)Crossing an effort zone (b)Entry into an effort zone (c)Exit from an effort zone (d)Trans-zonal fishing activities . (e)Additional information for fishing vessels using static gears: 3.2.Information concerning the communication of vessel movements 1.For the purpose of this Annex the following definitions shall...2.The aim of the sampling plan shall be to monitor...3.The sampling unit shall in principle be the metier. Each...4.The target population shall comprise landings by metier from active...5.The size of the sample shall be determined on the...6.Member States shall define risk at the following levels: ‘very...7.In establishing the level of risk of non compliance with...8.When drawing up the sampling plans, Member States shall take...9.Sampling intensity shall take into account the variability of the...10.Where fisheries products are landed in standardized boxes, the minimum...11.Precision/confidence levels shall apply as are set out in Levels...12.The sampling plan shall also include information on how the...1.For the purposes of this Regulation in a fishing effort...2.Masters of Union fishing vessels shall communicate the following information...3.Masters of Union fishing vessels shall communicate the following information...4.Notwithstanding paragraph 3, where masters of Union fishing vessels conduct...5.Member States shall ensure that Masters of fishing vessels flying...1.The average weight per box or block shall be determined...2.Each pallet of boxes or blocks shall be weighed. The...3.In order to arrive at the net weight per box...4.The tare weight per box or block referred to in...1.The aim of the sampling plan shall be to ensure...2.The size of the sample to be weighed shall be...3.Member States shall establish risk at the following levels ‘very...4.In establishing the level of risk of non compliance with...5.The sampling shall be representative and at least as efficient...6.Where fisheries products are landed in standardized boxes, the minimum...7.The sampling plan shall also include information on measures taken...8.Any risk analysis, data assessment, validation procedure, audit procedure, or...1.The aim of the sampling plans shall be to verify...2.Member States shall ensure that sampling is carried out at...3.The size of the sample shall be determined on the...4.Member States shall establish risk at the following levels: ‘very...5.In establishing the level of risk of non compliance with...6.Sampling of landings of fisheries products shall be at least...7.The sampling plan shall include measures to ensure that the...8.The number of boxes sample weighed shall be proportionate to...9.When fisheries products from such vessels are weighed before first...10.The sampling plan shall also include measures to ensure that:...11.Any risk analysis, data assessment, validation procedure, audit procedure, or...1.The aim of the control plan shall be to minimise...2.The size of the sample shall be determined on the...3.Member States shall define risk at the following levels ‘very...4.In establishing the level of risk of non compliance with...5.Control plans shall include, but not be limited to. 6.Where fisheries products are held in standardized boxes, a number...7.The control plan shall include measures to ensure that the...8.Any risk analysis, data assessment, validation procedure, audit procedure, or...1.The aim of the common control programme shall be to...2.The size of the sample shall be determined on the...3.Member States shall define risk at the following levels ‘very...4.In establishing the level of risk of non compliance with...5.Common control programmes shall include, but not be limited to....6.Where fisheries products are held in standardized boxes, a number...7.The common control programme shall include measures to ensure that...8.Any risk analysis, data assessment, validation procedure, audit procedure, or...General information 1.Surveillance report reference 2.Date and time of sighting or detection (UTC) 3.Originating Member State and name of single authority 4.Type and identification of the surveillance craft 5.Position and location of the surveillance craft at the time...Details of the fishing vessel 6.Flag State 7Name 8.Registration port and external registration number 9.International radio call sign 10.International Maritime Organisation number 11.Community Fleet Register number 12.Description 13.Type 14.Initial position and location at the time of sighting or...15.Initial heading and speed at the time of sighting or...16.Activity Other information 17.Sighting or detection mean 18.Contact with the vessel 19.Details of communication with the vessel 20.Record of sighting or detection 21.Comments 22.Attachments 23.Reporting official and signature Instructions for completing the surveillance reports: 1.Submit as comprehensive information as possible. 2.Position in latitude and longitude and detailed location (ICES division,...3.Flag State, vessel name, registration port, external registration number, international...4.Description of the vessel (if observed visually): distinguishing markings as...5.Type of vessel and gears as sighted: e.g. long liner,...6.Activity of the sighted or detected vessel as applicable: report...7.Sighting or detection mean as applicable: detail of how sighting...8.Contact with vessel: state if a contact was made (YES/NO)...9.Details of communication: summarise any communication with the vessel with...10.Record of sighting or detection: indicate if the sighting or...11.Comments: report any other comments. 12.Attachments: if available, attach photograph or sketch of the vessel...Rules for the electronic exchange of surveillance reports: 1.List of officials in charge of inspection (Article 116(1)(a) of...2.The data from the inspection and surveillance database referred to...3.The data of the VMS referred to in Article 19...4.The data with the fishing licences and authorisations issued and...5.All data elements defined in Annexes II and III to...6.The way of measuring the continuous period of 24 hours...7.The data on fishing opportunities referred to in Article 33...8.National control action programmes (Article 116(1)(g) of the Control Regulation)....1.Control observers shall note all fishing activities whilst embarked in...2.Control observers shall note any interference with the satellite tracking...MINIMUM INFORMATION REQUIRED FOR COMPLETION OF INSPECTION REPORTS Instructions for completing the inspection reports: Rules for the electronic exchange of inspection reports: MODULE 1: INSPECTION OF A FISHING VESSEL AT SEA 1.Inspection report reference 2.Member State and inspection authority 3.Inspection vessel (flag, name and external registration number) 4.International radio call sign 5.Date of the inspection (start) 6.Time of the inspection (start) 7.Date of the inspection (finish) 8.Time of the inspection (finish) 9.Position of the inspection vessel (latitude, longitude) 10.Location of the inspection vessel (detailed fishing area) 11.Inspector in charge 12.Nationality 13.Inspector 2 14.Nationality 15.Target fishing vessel details (name, external registration number, flag) 16.Position and location of the vessel vessel if different from...17.Type of the vessel 18.Certificate of registry ID 19.International radio call sign 20.International Maritime Organisation number 21.Community Fleet Register number 22.Owner details (name, nationality and address) 23.Charterer details (name, nationality and address) 24.Agent details (name, nationality and address) 25.Master details (name, nationality and address) 26.Radio call pre boarding 27.Fishing log-book completed before inspection 28.Boarding ladder 29.Identification for inspectors 30.Infringements or observations 31.Inspections of documents and authorisations 32.Certificate of registry ID 33.Engine propulsion power check 34.Fishing licence details 35.Fishing authorisation details 36.VMS operational 37.Remote electronic monitoring operational 38.Number(s) of paper fishing log sheet(s) 39.E-fishing logbook reference 40.Prior notification reference 41.Purpose of notification 42.Fish room certificate 43.Stowage plan 44.Ullage tables for refrigerated sea water tanks 45.Certification for on board weighing systems 46.Membership of a producer organisation 47.Last port of call details (port, state and date) 48.Infringements or observations 49.Catch inspection 50.Catch on board details (species, quantities in live weight equivalent...51.Margin of tolerance per species 52.Separate registration of undersized fish 53.Separate stowage for demersal stocks under multi-annual plans 54.Separate stowage for undersized fish 55.Weighing check, box/container count, ullage tables or sampling 56.Registration of discard details (species, quantities) 57.Infringements or observations 58.Gear inspection 59.Gear details (type) 60.Net attachment(s) or device(s) details (type) 61.Mesh size or dimension details 62.Twine details (type, thickness) 63.Gear marking 64.Infringements or observations 65.Inspectors' comments 66.Master's comments 67.Action(s) taken 68.Inspectors' signature 69.Master's signature MODULE 2: INSPECTION OF FISHING VESSEL(S) ON TRANSHIPMENT 1.Inspection report reference 2.Member State and inspection authority 3.Inspection vessel (flag, name and external registration number) 4.International radio call sign 5.Date of the inspection (start) 6.Time of the inspection (start) 7.Date of the inspection (finish) 8.Time of the inspection (finish) 9.Position of the inspection vessel (latitude, longitude) 10.Location of the inspection vessel (detailed fishing area) 11.Location of the port 12.Designated port 13.Inspector in charge 14.Nationality 15.Inspector 2 16.Nationality 17.Donor fishing vessel details (name, external registration number, flag) 18.Position and location of the vessel (latitude, longitude, detailed fishing...19.Type of the vessel 20.Certificate of registry ID 21.International radio call sign 22.International Maritime Organisation number 23.Community Fleet Register number 24.Owner details (name, nationality and address) 25.Charterer details (name, nationality and address) 26.Agent details (name, nationality and address) 27.Master details (name, nationality and address) 28.VMS check pre-boarding 29.Fishing log-book completed before transhipment 30.Infringements or observations 31.Inspections of documents and authorisations 32.Certificate of registry ID 33.Fishing licence details 34.Fishing authorisation details 35.Transhipment authorisation details 36.VMS operational 37.Number(s) of paper fishing log sheet(s) 38.E-fishing logbook reference 39.Prior notification reference 40.Purpose of prior notification (including IUU regime) 41.Last port of call details (port, state and date) 42.Infringements or observations 43.Catch inspection 44.Catch on board details (before transhipment) (species, quantities in product...45.Margin of tolerance per species 46.Catch transhipped details (species, quantities in product weight including for...47.Infringements or observations 48.Receiving fishing vessel details (name, external registration number, flag) 49.Position and location of the vessel (latitude, longitude, detailed fishing...50.Type of the vessel 51.Certificate of registry ID 52.International radio call sign 53.International Maritime Organisation number 54.Community Fleet Register number 55.Owner details (name, nationality and address) 56.Charterer details (name, nationality and address) 57.Agent details (name, nationality and address) 58.Master details (name, nationality and address) 59.VMS check pre-boarding 60.Fishing log-book completed before transhipment 61.Infringements or observations 62.Inspections of documents and authorisations 63.Certificate of registry ID 64.Fishing licence details 65.VMS operational 66.Number(s) of paper fishing log sheet(s) 67.E-fishing logbook reference 68.Prior notification reference 69.Purpose of prior notification 70.Last port of call details (port, state and date) 71.Infringements or observations 72.Catch inspection 73.Catch on board details (before transhipment) (species, quantities in product...74.Catch received details (species, quantities in product weight including for...75.Infringements or observations 76.Inspectors' comments 77.Master(s)' comments 78.Action(s) taken 79.Inspectors' signature 80.Master(s)' signature MODULE 3: INSPECTION OF A FISHING VESSEL IN PORT OR...1.Inspection report reference 2.Member State and inspection authority 3.Date of the inspection (start of inspection 4.Time of the inspection (start of inspection) 5.Date of the inspection (finish of inspection) 6.Time of the inspection (finish of inspection) 7.Location of the port 8.Designated port 9.Inspector in charge 10.Nationality 11.Inspector 2 12.Nationality 13.Target fishing vessel details (name, external registration number, flag) 14.Type of the vessel 15.Certificate of registry ID 16.International radio call sign 17.International Maritime Organisation number 18.Community Fleet Register number 19.Owner details (name, nationality and address) 20.Beneficial owner details (name, nationality and address 21.Charterer details (name, nationality and address) 22.Agent details (name, nationality and address) 23.Master details (name, nationality and address) 24.VMS check pre-arrival to land 25.Fishing log-book completed before arrival 26.Identification for inspectors 27.Infringements or observations 28.Inspections of documents and authorisations 29.Certificate of registry ID 30.Fishing licence details 31.Fishing authorisation details 32.Port access and landing authorisation details 33.Number(s) of paper fishing log sheet(s) 34.E-fishing logbook reference 35.Prior notification reference 36.Purpose of prior notification (including IUU regime) 37.Fish room certificate 38.Stowage plan 39.Ullage tables for refrigerated sea water tanks 40.Certification for on board weighing systems 41.Membership of a producer organisation 42.Last port of call details (date, state and port) 43.Infringements or observations 44.Catch inspection 45.Catch on board details (species, quantities in product weight including...46.Margin of tolerance per species 47.Separate registration of undersized fish 48.Catch offloaded details (species, quantities in product weight including for...49.Minimum conservation reference size checked 50.Labelling 51.Weighing check, box/container count or sampling check on discharge 52.Hold check after discharge 53.Catch weighing on landing 54.Infringements or observations 55.Transhipment details for catches received from other fishing vessel(s) 56.Donor fishing vessel(s) details (name, external registration number, international radio...57.Transhipment declaration details 58.Catch transhipped details (species, quantities in product weight including for...59.Other catch documentation (catch certificates) 60.Infringements or observations 61.Gear inspection 62.Gear details (type) 63.Net attachment(s) or device(s) details (type) 64.Mesh size or dimension details 65.Twine details (type, thickness) 66.Gear marking 67.Infringements or observations 68.Status of the fishing vessel in RFMO area(s) where the...69.Inspectors' comments 70.Master's comment 71.Action(s) taken 72.Inspectors' signature 73.Master's signature MODULE 4: MARKET/ PREMISES INSPECTION 1.Inspection report reference 2.Member State and inspection authority 3.Date of the inspection (start of inspection) 4.Time of the inspection (start of inspection) 5.Date of the inspection (finish of inspection) 6.Time of the inspection (finish of inspection) 7.Location of the port 8.Inspector in charge 9.Nationality 10.Inspector 2 11.Nationality 12.Identification for inspectors 13.Market or premises inspection details (name and address) 14.Owner details (name, nationality and address) 15.Owner representative details (name, nationality and address) 16.Inspected fisheries products details (species, quantities in product weight including...17.Registered buyer, auction centre or other bodies or persons responsible...18.Minimum conservation reference size checked 19.Labelling for traceability 20.Common marketing standards 21.Size categories 22.Freshness categories 23.Fisheries products subject to storage mechanism inspected 24.Fisheries products weighed before sale 25.Weighing systems calibrated and sealed 26.Infringements or observations 27.Inspection of documents related to inspected fisheries products 28.Landing declaration details 29.Take-over declaration details 30.Transport document details 31.Supplier invoices and sales notes details 32.IUU catch certificate details 33.Importer details (name, nationality and address) 34.Infringements or observations 35.Inspectors' comments 36.Operator's comments 37.Action(s) taken 38.Inspectors' signature 39.Operator's signature MODULE 5: INSPECTION OF TRANSPORT VEHICLE 1.Inspection report reference 2.Member State and inspection authority (*) 3.Date of the inspection (start) (*) 4.Time of the inspection (start) (*) 5.Date of the inspection (finish) (*) 6.Time of the inspection (finish) (*) 7.Location of inspection (address) (*) 8.Inspector in charge (*) 9.Nationality 10.Inspector 2 (*) 11.Nationality 12.Identification for inspectors 13.Target vehicle details (type and nationality) (*) 14.Tractor identification (registration plate number) (*) 15.Trailer identification (registration plate number) (*) 16.Owner details (name, nationality and address) (*) 17.Driver details (name, nationality and address) (*) 18.Inspection of documents related to fisheries products (*) 19.Fisheries products weighed before transport (species, quantities in product weight...20.Destination of the vehicle (*) 21.Transport document details 22.Electronic transmission of the transport document to the flag Member...23.Fishing logbook of the originating vessel attached to the transport...24.Electronic transmission of the fishing logbook of the originating vessel...25.Other catch document attached to transport document (catch certificate) 26.Transport document received before arrival by the landing or marketing...27.Landing declaration details 28.Take-over declaration details 29.Take-over cross check with landing declaration 30.Sales note or invoices details 31.Labelling for traceability 32.Sample weighing of box/containers 33.Weighing systems calibrated and sealed 34.Weighing record 35.Vehicle or container sealed 36.Seal details noted on the transport document 37.Inspection authority who affixed the seals (*) 38.Status of seals (*) 39.Infringements or observations (*) 40.Fisheries products transported before weighing (species, quantities in product weight...41.Destination of the vehicle (*) 42.Transport document details 43.Electronic transmission of the transport document to the flag Member...44.Fishing logbook of the originating vessel attached to the transport...45.Electronic transmission of the fishing logbook of the originating vessel...46.Transport document received before arrival by the landing or marketing...47.Landing declaration details 48.Weighing of fisheries products observed on arrival at destination by...49.Registered buyer, auction centre or other bodies or persons responsible...50.Vehicle or container sealed 51.Seal details noted on the transport document 52.Inspection authority who affixed the seals (*) 53.Status of seals (*) 54.Infringements or observations (*) 55.Inspectors' comments (*) 56.Transporter's comments (*) 57.Action(s) taken (*) 58.Inspectors' signature (*) 59.Transporter's signature (*) INSPECTION PENNANT OR SYMBOL 1.The provisions of this Annex shall apply to safe and...2.A boarding ladder shall be provided which shall be efficient...3.The ladder shall be positioned and secured so that: 4.The steps of the boarding ladder shall: 5.No boarding ladder shall have more than two replacement steps...6.The side ropes of the ladder shall consist of two...7.Battens made of hardwood, or other material of equivalent properties,...8.Means shall be provided to ensure safe and convenient passage...9.Where such passage is by means of a bulwark ladder,...10.Lighting shall be provided at night so that both the...11.Means shall be provided to enable the boarding ladder to...12.The rigging of the ladder and the embarkation and disembarkation...13.Where on any fishing vessel constructional features such as rubbing...I-ARegulation (EC) No 1198/2006 Member State Information on individual operations Wording of table columns Columns 1 to 6:Administrative details of operation Columns 7 to 10:Expenditure forecasts under operation in accordance with administrative decision granting...Columns 11 to13:Information concerning financial implementation of operation — statement of eligible...I-BRegulation (EC) No 861/2006 Member State Information on projects (one sheet by project) Wording of table columns Columns 1 to 3:Administrative details of the project Columns 4 to 6:Eligible expenditure under project concerned in accordance with the financial...Column 7:Information concerning financial implementation of the project — statement of...1.The responsible authorities for issuing fishing licences and authorisations (Article...2.List of designated ports for the purpose of transhipment (Article...3.List of designated ports defined in a multiannual plan (Article...4.Real-time closures by Member States (Article 115(d) of the Control...5.Contact point details for the transmission or submission of fishing...6.Real-time closures by the Commission (Article 115(f) of the Control...7.Decision to close a fishery (Article 115(g) of the Control...1.GENERAL PRINCIPLES 2.GENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES 2.1Article 6 of the Control Regulation 2.2Article 7 of the Control Regulation 2.3Article 8 of the Control Regulation 2.4Article 9 of the Control Regulation 2.5Article 10 of the Control Regulation 2.6Article 11 of the Control Regulation 2.7Article 13 of the Control Regulation 3.CONTROL OF FISHERIES 3.1Articles 14, 15 and 16 of the Control Regulation 3.2Articles 16 and 25 of the Control Regulation 3.3Article 17 of the Control Regulation 3.4Article 18 of the Control Regulation 3.5Article 20 of the Control Regulation 3.6Articles 21 and 22 of the Control Regulation 3.7Article 26 of the Control Regulation 3.8Articles 33 and 34 of the Control Regulation 3.9Article 35 of the Control Regulation 4.CONTROL OF FLEET MANAGEMENT 4.1Article 38 of the Control Regulation 4.2Article 42 of the Control Regulation 4.3Article 43 of the Control Regulation 4.4Article 44 of the Control Regulation 4.5Article 46 of the Control Regulation 5.CONTROL OF TECHNICAL MEASURES 5.1Article 47 of the Control Regulation 5.2Article 48 of the Control Regulation 5.3Article 49 of the Control Regulation 6.CONTROL OF FISHING RESTRICTED AREAS 6.1Article 50 of the Control Regulation 7.REAL TIME CLOSURE OF FISHERIES 7.1Article 53 of the Control Regulation 8.CONTROL OF RECREATIONAL FISHERIES 8.1Article 55 of the Control Regulation 9.CONTROL OF MARKETING 9.1Article 56 of the Control Regulation 9.2Article 57 of the Control Regulation 9.3Article 58 of the Control Regulation 9.4Article 59 of the Control Regulation 9.5Article 60 of the Control Regulation 9.6Article 61 of the Control Regulation 9.7Article 62 of the Control Regulation 9.8Article 66 of the Control Regulation 9.9Article 68 of the Control Regulation 10.PRODUCER ORGANISATIONS AND PRICE AND INTERVENTION 10.1Article 69 of the Control Regulation 10.2Article 70 of the Control Regulation 11.SURVEILLANCE 11.1Article 71 of the Control Regulation 11.2Article 73 of the Control Regulation 12.INSPECTION AND ENFORCEMENT 12.1Articles 74 and 76 of the Control Regulation 12.2INSPECTION RESOURCE: VESSELS 12.3INSPECTIONS ACTIVITY: AT SEA 12.4INSPECTION RESOURCE: SURVEILLANCE AIRCRAFT 12.5FOLLOW UP OF INSPECTIONS AND INFRINGEMENTS DETECTED 12.6Article 75 of the Control Regulation 12.7Article 79 12.8Articles 80, 81, 82, 83 and 84 of the Control...12.9Articles 85 and 86 of the Control Regulation 13.ENFORCEMENT 13.1Article 92 of the Control Regulation 13.2Article 93 of the Control Regulation 14.CONTROL PROGRAMMES 14.1Article 94 of the Control Regulation 14.2Article 95 of the Control Regulation 15.DATA AND INFORMATION 15.1Articles 109 to 116 of the Control Regulation 16.IMPLEMENTATION 16.1Articles 117 and 118 of the Control Regulation

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

THE EUROPEAN COMMISSION,

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

Having regard 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 1966/20061, and in particular Articles 6(5), 7(5), 8(1), 9(5), 14(10), 15(9), 16(2), 21(7), 22(7), 23(5), 24(8) and 25(2), Article 32, Articles 37(4), 40(6), 55(5), 58(9), 60(7), Article 61, and Articles 64(2), 72(5), 73(9), 74(6), 75(2), 76(4), 78(2), 79(7), 92(5), 103(8), 105(6), 106(4), 107(4), 111(3), 116(6), 117(4) and 118(5) thereof,

Whereas:

(1)

Regulation (EC) No 1224/2009 (hereafter referred to as ‘the Control Regulation’) provides for the adoption of detailed rules and measures to implement certain provisions it sets out.

(2)

With a view to ensuring a coherent application of these detailed rules the establishment of certain definitions is necessary.

(3)

Article 6(1) of the Control Regulation provides that a F1Union fishing vessel may only be used for the commercial exploitation of living aquatic resources if it has a valid fishing licence. Article 7(1) of the Control Regulation provides that F1aUnion fishing vessel shall only be authorised to carry out specific fishing activities in so far as they are indicated in a valid fishing authorisation. It is appropriate to establish common rules for the issuance and management of such fishing licences and fishing authorisations to ensure a common standard of information contained therein.

(4)

Article 8(1) of the Control Regulation provides that a master of a fishing vessel has to respect conditions and restrictions relating to the marking and identification of fishing vessels and their gear. As such conditions and restrictions apply to F1Union waters it is necessary to establish them at the level of the European Union.

(5)

According to Article 9(1) of the Control Regulation, Member States shall operate a satellite-based Vessel Monitoring System for the effective monitoring of fishing activities of their fishing vessels wherever they may be and of fishing activities in their waters. It is appropriate to establish common specifications at the level of the European Union for such a system. Such specifications should set out in particular the characteristics of satellite tracking devices, details on the transmission of position data and rules in the case of a technical failure or non-functioning of satellite tracking devices.

(6)

Article 14(1) of the Control Regulation provides that masters of F1Union fishing vessels of 10 metres length overall or more have to keep a fishing logbook of their operations. It is necessary to determine the information that has to be recorded in the fishing logbooks and their format.

(7)

Article 14(7) of the Control Regulation provides that masters of F1Union fishing vessels have to use conversion factors established at EU level for converting stored or processed fish weight into live fish weight. It is therefore necessary to establish such conversion factors.

(8)

Article 15(1) of the Control Regulation provides that masters of F1Union fishing vessels of 12 metres length overall or more have to record logbook information by electronic means. It is appropriate to establish the requirements for the electronic completion and transmission of this information and to specify their format.

(9)

Articles 21(1) and 23(1) of the Control Regulation provide that masters of F1Union fishing vessels of 10 metres length overall and more have to complete and submit transhipment and landing declarations. It is appropriate to determine the information that has to be contained in these declarations and to specify the details of their submission.

(10)

Articles 22(1) and 24(1) of the Control Regulation provides for the electronic completion and transmission of transhipment and landing declarations by electronic means. It is appropriate to establish the requirements for the electronic completion and transmission of these data and to specify their format.

(11)

Articles 16(1) and 25(1) of the Control Regulation provide that every Member State has to monitor on the basis of sampling the activities of fishing vessels which are not subject to logbook requirements and landing declarations. With a view to ensure common standards of such samplings detailed rules, should be established at the level of the European Union.

(12)

Article 37 of the Control Regulation provides that necessary corrective actions are to be taken by the Commission in case the Commission has prohibited fishing because of the alleged exhaustion of the fishing opportunities available to a Member State or group of Member States, or to the European Union and it transpires that a Member State has not in fact exhausted its fishing opportunities. It is necessary to adopt adequate rules for the reallocation of such fishing opportunities, which take into account situations where a total allowable catch (TAC) for the EU is available or not, or where due to the annual setting of fishing opportunities circumstances do not permit such reallocation.

(13)

Articles 39 to 41 of the Control Regulation foresee rules to ensure that the engine power of fishing vessels is not exceeded. It is necessary to establish the technical rules of the relevant certifications and verifications to be done in this field.

(14)

Article 55 of the Control Regulation provides that Member States should ensure that recreational fisheries are conducted in a manner compatible with the objectives of the Common Fisheries Policy. For stocks under a recovery plan Member States should collect catch data of recreational fisheries. Where such fisheries have a significant impact on the resources, specific management measures may be decided by the Council. It is appropriate to lay down detailed rules for the establishment of sampling plans in order to allow Member States to monitor the catches of stocks subject to recovery plans by recreational fisheries practised from their vessels, in waters subject to their sovereignty or jurisdiction.

(15)

In order to establish a comprehensive control regime the whole chain of production and marketing should be covered by such a regime. Article 58 of the Control Regulation provides for a coherent traceability system to ensure that all lots of fisheries and aquaculture products are traceable at all stages of production, processing and distribution, from catching or harvesting to the retail stage. It is necessary to lay down common rules for identification procedures of the product concerned.

(16)

Article 60 of the Control Regulation provides that all fishery products are to be weighed on systems approved by the competent authorities unless they have adopted a sampling plan approved by the Commission. It is necessary to establish common rules in all Member States for the weighing of fresh and frozen fisheries products, as well as for the weighing of transhipped fisheries products, and for the weighing of fisheries products after transport from the place of landing.

(17)

Article 61 of the Control Regulation provides for the possibility for fisheries products to be weighed after transport under the condition that the Member State has adopted a control plan or, when the fisheries products are transported to another Member State, that the Member States concerned have adopted a common control programme that are approved by the Commission and based on a risk-based methodology adopted by the Commission. This risk-based methodology needs to be defined.

(18)

The fishery on herring, mackerel and horse mackerel has some specific features. For this reason it is appropriate to establish special rules on weighing and related elements to take account of these specific features.

(19)

Article 64 of the Control Regulation foresees that the detailed rules on the content of sales notes are to be adopted. It is pertinent to include such rules in this Regulation.

(20)

Articles 71 and 72 of the Control Regulation provide that Member States shall carry out surveillance in F1Union waters and take the necessary measures if a sighting does not correspond to the information available to them. It is necessary to lay down common rules regarding the content of a surveillance report, and its means of transmission.

(21)

Article 73 of the Control Regulation provides the possibility for the Council to establish control observer schemes and establishes in general lines the profile and tasks of control observers on board fishing vessels. Therefore detailed rules on the deployment and duties of control observers should be drawn up.

(22)

According to Chapter I of Title VII of the Control Regulation, rules are to be established for the conduct of inspections in order to enhance a standardised approach to control activities carried out by Member States. Rules should be laid down for the conduct of officials in charge of inspections, and the obligations of Member States regarding the behaviour of their officials authorised to conduct such inspections. At the same time, the duties of operators during inspection should be clarified. It is also necessary to lay down common principles for inspection procedures at sea, in port, during transport, at market places, and regarding inspection reports and their transmission.

(23)

Article 79 of the Control Regulation provides that Union inspectors may carry out inspections in F1Union waters and on F1Union fishing vessels outside Union waters. It is appropriate to draw up rules regarding the nomination of Union inspectors, their tasks and obligations, as well as the type of follow up to be given to their report.

(24)

Article 92 of the Control Regulation provides for the establishment of a point system for serious infringements with the aim to ensure compliance with the rules of the Common Fisheries Policy and a level playing field in all F1Union waters. For this to be achieved, it is necessary to establish common rules at the level of the European Union for the application of such a point system, including a list of points to be attributed for each serious infringement.

(25)

In accordance with Article 5(6) and Article 103 of the Control Regulation, the financial assistance in the framework of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund2 and Council Regulation (EC) No 861/2006 of 22 May 2006 establishing Community financial measures for the implementation of the Common Fisheries Policy and in the area of the Law of the Sea3 is made conditional upon compliance by Member States with their obligations in the fields of fisheries conservation and control, the Commission having the possibility under certain conditions to suspend and cancel such financial assistance. It is necessary to lay down detailed rules for the application of these measures.

(26)

Article 107 of the Control Regulation provides for deduction of quotas by the Commission in cases of failure by Member States to comply with the rules on stocks subject to multiannual plans which leads to a serious threat to the conservation of such stocks. Rules should therefore be drawn up regarding the extent of the deduction, taking into account the nature of the non-compliance, the extent of its impact, as well as the gravity of the threat to the resource.

(27)

Chapter I of Title XII of the Control Regulation establishes rules on the handling of data recorded for the purpose of that Regulation, including the obligation for the Member States to set up a computerised database and a validation system and the provisions on accessing and exchanging such data. It is necessary to lay down common rules establishing procedures to process such data and to ensure access to it by the Commission and specifying the requirements for the exchange of data.

(28)

Article 110 of the Control Regulation deals with the remote access of the Commission or the body designated by it to computer files containing the data recorded by fisheries monitoring centres of Member States. In order to ensure such an access it is pertinent to establish clear rules on the conditions and the procedures that should be respected.

(29)

Articles 114 to 116 of the Control Regulation provide that the Member States have to establish official websites. With a view to ensure their equal accessibility in all Member States it is pertinent to establish rules at EU level on these websites.

(30)

According to Article 117 of the Control Regulation a system of mutual assistance shall be established for ensuring the administrative cooperation among Member States and the Commission. Such administrative cooperation is essential to ensure that a level playing field in the EU is established and that illegal activities are properly investigated and sanctioned. Rules should therefore be drawn up for a systematic exchange of information either on request or spontaneously, and for the possibility to request enforcement measures and administrative notification by another Member State.

(31)

The protection of individuals with regard to the processing of personal data by the Member States is governed by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data4. The protection of individuals with regard to the processing of personal data by the Commission is governed by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data5, in particular as regards the requirements of confidentiality and security of processing, the transfer of personal data from the national systems of Member States to the Commission, the lawfulness of processing, and the rights of data subjects to information, access to and rectification of their personal data.

(32)To facilitate the implementation of the fisheries control system, detailed rules should be concentrated in one single Regulation. The following Commission Regulations should therefore be repealed:
  • Regulation (EEC) No 2807/836 laying down detailed rules for recording information on Member States’ catches of fish,

  • Regulation (EEC) No 3561/857 concerning information about inspections of fishing activities carried out by national control authorities,

  • Regulation (EEC) No 493/878 establishing detailed rules for remedying the prejudice caused on the halting of certain fisheries,

  • Regulation (EEC) No 1381/879 establishing detailed rules concerning the marking and documentation of fishing vessels,

  • Regulation (EEC) No 1382/8710 establishing detailed rules concerning the inspection of fishing vessels,

  • Regulation (EC) No 2943/9511 setting out detailed rules for applying Council Regulation (EC) No 1627/94 laying down general provisions concerning special fishing permits,

  • Regulation (EC) No 1449/9812 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 as regards effort reports,

  • Regulation (EC) No 356/200513 laying down detailed rules for the marking and identification of passive fishing gear and beam trawls,

  • Regulation (EC) No 2244/200314 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems,

  • Regulation (EC) No 1281/200515 of the management of fishing licences and the minimal information to be contained therein,

  • Regulation (EC) No 1042/200616 laying down detailed rules for the implementation of Article 28(3) and (4) of Council Regulation (EEC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy,

  • Regulation (EC) No 1542/200717 on landing and weighing procedures for herring, mackerel and horse mackerel,

  • Regulation (EC) No 1077/200818 laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing and repealing Regulation (EC) No 1566/2007, and

  • Regulation (EC) No 409/200919 establishing Community conversion factors and presentation codes used to convert fish processed weight into fish weight, and amending Commission Regulation (EEC) No 2807/83.

(33)

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

Annotations: