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Commission Implementing Regulation (EU) No 404/2011Show full title

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

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  1. Introductory Text

  2. TITLE I

    1. GENERAL PROVISIONS

      1. Article 1.Subject matter

      2. Article 2.Definitions

  3. TITLE II GENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES

    1. CHAPTER I Fishing licenses

      1. Article 3.Issue and management of fishing licences

    2. CHAPTER II Fishing authorisations

      1. Article 4.Fishing authorisations

      2. Article 5.List of fishing authorisations

    3. CHAPTER III Marking and identification of Union fishing vessels and their gear

      1. Section 1 Marking and identification of fishing vessels

        1. Article 6.Marking of fishing vessels

        2. Article 7.Documents carried on board a Union fishing vessel

      2. Section 2 Marking and identification of fishing gear and crafts

        1. Article 8.Marking of crafts and fish aggregating devices

        2. Article 9.General rules for passive gear and beam trawls

        3. Article 10.Rules for beam trawls

        4. Article 11.Rules for passive gear

        5. Article 12.Rules for labels

        6. Article 13.Rules for buoys

        7. Article 14.Rules for cords

        8. Article 15.Rules for end marker buoys

        9. Article 16.Rules for fixing of end marker buoys

        10. Article 17.Intermediary marker buoys

    4. CHAPTER IV Vessel monitoring system

      1. Article 18.Requirement of satellite-tracking devices on Union fishing vessels

      2. Article 19.Characteristics of satellite-tracking devices

      3. Article 20.Responsibilities of the masters concerning the satellite-tracking devices

      4. Article 21.Control measures to be adopted by flag Member States

      5. Article 22.Frequency of data transmission

      6. Article 23.Monitoring of entry into and exit from specific areas

      7. Article 24.Transmission of data to the coastal Member State

      8. Article 25.Technical failure or non-functioning of the satellite-tracking device

      9. Article 26.Non-receipt of data

      10. Article 27.Monitoring and recording of the fishing activities

      11. Article 28. Access to data by the Commission

  4. TITLE III CONTROL OF FISHERIES

    1. CHAPTER I Fishing logbook, transhipment declaration and landing declaration in paper format

      1. Section 1 Completion and submission of a fishing logbook, landing declaration and transhipment declaration in paper format

        1. Article 29. Union fishing vessels subject to the completion and submission of a fishing logbook and transhipment/landing declaration in paper format

        2. Article 30. Models for fishing log-books, transhipment declarations and landing declarations in paper format

        3. Article 31.Instructions for the completion and submission of fishing logbooks, transhipment declarations and landing declarations in paper format

        4. Article 32.Deadlines for the submission of a fishing logbook, transhipment declaration and a landing declaration in paper format

      2. Section 2 Specific rules for the fishing logbook in paper format

        1. Article 33.Completion of fishing logbook in paper format

      3. Section 3 Specific rules for the transhipment declaration and landing declaration in paper format

        1. Article 34.Handing over of a transhipment declaration in paper format

        2. Article 35.Signing of the landing declaration

    2. CHAPTER II Fishing logbook, landing declaration and transhipment declaration in electronic format

      1. Section 1 Completion and transmission of a fishing logbook, landing declaration and transhipment declaration data in electronic format

        1. Article 36.Requirement of electronic recording and reporting system on Union fishing vessels

        2. Article 37.Format for transmission of data from a Union fishing vessel to the competent authority of its flag State

        3. Article 38.Return messages

        4. Article 39.Provisions in the event of technical failure or non-functioning of electronic recording and reporting systems

        5. Article 40.Non-receipt of data

        6. Article 41.Data access failure

        7. Article 42.Data on the functioning of the electronic recording and reporting system

        8. Article 43. Mandatory data in the exchange of information between Member States

        9. Article 44. Access to data

        10. Article 45. Exchange of data between Member States

        11. Article 46.Single authority

      2. Section 2 Specific rules for the fishing logbook in electronic format

        1. Article 47.Frequency of transmission

    3. CHAPTER III Common rules for fishing logbooks, transhipment declarations and landing declarations in paper or electronic format

      1. Section 1 Common rules for the determination of live weight

        1. Article 48.Definitions

        2. Article 49.Conversion factors

        3. Article 50.Calculation method

      2. Section 2 Common rules for the completion and submission of the Fishing logbook

        1. Article 51.General rules for fishing logbooks

      3. Section 3 Common rules for the completion and submission of transhipment/landing declarations

        1. Article 52.Margin of tolerance in the transhipment declaration

        2. Article 53.Difference in transhipped catches

        3. Article 54.Completion of landing operation

        4. Article 55.Fishing Operations involving two or more Union fishing vessels

    4. CHAPTER IV Sampling plans and collection of data on Union fishing vessels not subject to fishing logbook and landing declaration requirements

      1. Article 56.Establishment of sampling plans

      2. Article 57.Sampling methodology

    5. CHAPTER V Control of fishing effort

      1. Article 58.Fishing effort report

    6. CHAPTER VI Corrective measures

      1. Article 59.General principles

      2. Article 60.Allocation of available fishing opportunities

    7. CHAPTER VII Engine power

      1. Article 61.Certification of propulsion engine power

      2. Article 62.Verification and sampling plan

      3. Article 63.Physical verification

    8. CHAPTER VIII Control of recreational fisheries

      1. Article 64.Establishment of sampling plans

      2. Article 65.Notification and evaluation of sampling plans

  5. TITLE IV CONTROL OF MARKETING

    1. CHAPTER I Traceability

      1. Article 66. Definition

      2. Article 67.Information on lots

      3. Article 68. Information to the consumer

    2. CHAPTER II Weighing of fisheries products

      1. Section 1 General rules on weighing

        1. Article 69.Scope

        2. Article 70.Weighing records

        3. Article 71.Timing of weighing

        4. Article 72.Weighing systems

        5. Article 73.Weighing of frozen fisheries products

        6. Article 74.Ice and water

        7. Article 75.Access by competent authorities

        8. Article 76.Sampling plans

        9. Article 77.Control plans and programmes for the weighing of fisheries products after transport from the place of landing

      2. Section 2 Special rules for weighing of certain pelagic species

        1. Article 78. Scope of weighing procedures for catches of herring, mackerel, horse mackerel and blue whiting

        2. Article 79. Ports of weighing catches of herring, mackerel, horse mackerel and blue whiting

        3. Article 80.Entry into a port of a Member State

        4. Article 81.Discharge

        5. Article 82.Fishing logbook

        6. Article 83. Publicly operated weighing facilities for fresh herring, mackerel, horse mackerel and blue whiting

        7. Article 84.Privately operated weighing facilities for fresh fish

        8. Article 85. Weighing of frozen fish

        9. Article 86. Keeping of weighing records

        10. Article 87.Sales note and takeover declaration

        11. Article 88. Cross-checks

        12. Article 89. Monitoring of weighing

    3. CHAPTER III Sales notes and take-over declarations

      1. Article 90.General rules

      2. Article 91. Formats of sales notes and take-over declarations

  6. TITLE V SURVEILLANCE

    1. CHAPTER I Surveillance reports

      1. Article 92.Information to be recorded in the surveillance report

    2. CHAPTER II Control observers

      1. Article 93.General rules concerning control observers

      2. Article 94.Independence of control observers

      3. Article 95.Duties of control observers

      4. Article 96. Pilot projects

  7. TITLE VI INSPECTION

    1. CHAPTER I Conduct of inspections

      1. Section 1 General provisions

        1. Article 97.Officials authorised to conduct inspections at sea or on land

        2. Article 98.General principles

        3. Article 99.Duties of officials during the pre-inspection phase

        4. Article 100.Duties of officials authorised to conduct inspections

        5. Article 101.Obligations of Member States, the Commission and European Fisheries Control Agency

      2. Section 2 Inspections at sea

        1. Article 102.General provisions on inspections at sea

        2. Article 103.Boarding fishing vessels at sea

        3. Article 104.On board activities

      3. Section 3 Inspections in port

        1. Article 105.Preparation of inspection

        2. Article 106.Inspections in port

        3. Article 107. Inspection of certain pelagic landings

      4. Section 4 Transport inspections

        1. Article 108.General principles

        2. Article 109.Transport vehicles sealed

      5. Section 5 Market inspections

        1. Article 110.General principles

        2. Article 111.Additional methodologies and technologies

        3. Article 112. Control of fisheries products subject to storage mechanism

    2. CHAPTER II Duties of operators

      1. Article 113.General obligations of operators

      2. Article 114.Obligations of the master during inspections

    3. CHAPTER III Inspection report

      1. Article 115.Common rules concerning inspection reports

      2. Article 116.Completion of inspection reports

      3. Article 117.Copy of the inspection report

    4. CHAPTER IV Electronic database

      1. Article 118.Electronic database

    5. CHAPTER V Union inspectors

      1. Article 119.Notification of Union inspectors

      2. Article 120.List of Union inspectors

      3. Article 121.Communication of Union inspectors to Regional Fisheries Management Organisations

      4. Article 122.Powers and duties of Union inspectors

      5. Article 123.Reports

      6. Article 124.Follow-up of reports

  8. TITLE VII ENFORCEMENT

    1. Article 125.Setting up and operation of a point system for serious infringements

    2. Article 126.Assignation of points

    3. Article 127.Notification of decisions

    4. Article 128.Transfer of ownership

    5. Article 129.Suspension and permanent withdrawal of a fishing licence

    6. Article 130.Follow-up of suspension and permanent withdrawal of fishing licence

    7. Article 131.Deletion of fishing licences from relevant lists

    8. Article 132.Illegal fishing during the suspension period or after the permanent withdrawal of a fishing licence

    9. Article 133.Deletion of points

    10. Article 134.Point system for masters of fishing vessels

  9. TITLE VIII MEASURES TO ENSURE COMPLIANCE BY THE MEMBER STATES OF COMMON FISHERIES POLICY OBJECTIVES

    1. CHAPTER I Suspension and cancellation of Union financial assistance

      1. Article 135. Definition

      2. Article 136. Interruption of the payment deadline

      3. Article 137. Suspension of payments

      4. Article 138. Cancellation of financial assistance

    2. CHAPTER II Deduction of fishing opportunities

      1. Article 139.General rules for the deduction of fishing opportunities for excess of utilisation

      2. Article 140.Consultation on the deduction of fishing opportunities

    3. CHAPTER III Deduction of quotas for failure to comply with the rules of the common fisheries policy

      1. Article 141.Rules for deduction of quotas for failure to comply with the objectives of the Common Fisheries Policy

      2. Article 142.Determination of the quantities to be deducted

  10. TITLE IX DATA AND INFORMATION

    1. CHAPTER I Analysis and audit of data

      1. Article 143.Subject matter

      2. Article 144.Data to be validated

      3. Article 145.Validation procedures

      4. Article 146.Access by the Commission

    2. CHAPTER Ia Rules for the exchange of data

      1. Article 146a.This Chapter lays down detailed rules for the exchange of...

      2. Article 146b. Definitions

      3. Article 146c. General principles

      4. Article 146d. Transmission of messages

      5. Article 146e. Corrections

      6. Article 146f. Exchange of vessel monitoring system data

      7. Article 146g. Exchange of fishing activity data

      8. Article 146h. Exchange of sales related data

      9. Article 146i. Transmission of aggregated catch data

      10. Article 146j. Changes to XML formats and implementation documents

      11. Article 146k. Exchange of inspection and surveillance related data

    3. CHAPTER II Websites of Member States

      1. Article 147.Operation of websites and web services

      2. Article 148.Publicly accessible website and web services

      3. Article 149.Secured website and web services

  11. TITLE X IMPLEMENTATION

    1. CHAPTER I Mutual assistance

      1. Section 1 General provisions

        1. Article 150.Scope

        2. Article 151.Costs

        3. Article 152.Single authority

        4. Article 153.Follow up measures

      2. Section 2 Information without prior request

        1. Article 154.Information without prior request

      3. Section 3 Requests for assistance

        1. Article 155.Definition

        2. Article 156.General requirements

        3. Article 157.Transmission of requests and replies

        4. Article 158.Requests for information

        5. Article 159.Requests for enforcement measures

        6. Article 160.Deadline for replies to requests for information and enforcement measures

        7. Article 161.Requests for administrative notification

      4. Section 4 Relations with the Commission or the body designated by it

        1. Article 162.Communication between the Member States and the Commission or the body designated by it

        2. Article 163.Coordination by the Commission or the body designated by it

      5. Section 5 Relations with third countries

        1. Article 164.Information exchange with third countries

    2. CHAPTER II Reporting obligations

      1. Article 165.Format and deadlines for reports

  12. TITLE XI FINAL PROVISIONS

    1. Article 166.Repeals

    2. Article 167.Entry into force

  13. Signature

    1. ANNEX I

    2. ANNEX II

      MINIMUM INFORMATION FOR THE FISHING LICENCES

      1. 1. FISHING VESSEL DETAILS

      2. 2. LICENCE HOLDER / FISHING VESSEL OWNER / FISHING VESSEL AGENT...

      3. 3. CHARACTERISTICS OF FISHING CAPACITY

      4. OTHER NATIONAL MEASURES AS APPLICABLE

    3. ANNEX III

      MINIMUM INFORMATION FOR FISHING AUTHORISATIONS

      1. A. IDENTIFICATION

        1. 1. Union fleet register number

        2. 2. Name of fishing vessel

        3. 3. External registration letters and number

      2. B. FISHING CONDITIONS

        1. 1. Date of issue:

        2. 2. Period of validity:

        3. 3. Conditions of authorisation including, where appropriate, species, zone and fishing...

    4. ANNEX IV

      1. CHARACTERISTICS OF MARKER BUOYS

      2. WESTERN END MARKER BUOYS

      3. EASTERN END MARKER BUOYS

      4. INTERMEDIARY MARKER BUOYS

    5. ANNEX V

      ELECTRONIC DATA TRANSMISSION FORMAT OF THE VMS DATA FROM THE FLAG TO THE COASTAL MEMBER STATE

      1. A. Content of position report and definition of the data elements...

      2. B. Structure of the position report

    6. ANNEX VI

      MODEL OF COMBINED UNION FISHING LOGBOOK, LANDING DECLARATION AND TRANSHIPMENT DECLARATION

    7. ANNEX VII

      MODEL OF COMBINED UNION FISHING LOGBOOK, LANDING DECLARATION AND TRANSHIPMENT DECLARATION

    8. ANNEX VIII

    9. ANNEX IX

    10. ANNEX X

      INSTRUCTIONS TO MASTERS OF FISHING VESSELS REQUIRED TO COMPLETE AND SUBMIT A FISHING LOGBOOK, A LANDING DECLARATION OR A TRANSHIPMENT DECLARATION

      1. The following general and minimum information on the vessel or...

      2. 1. INSTRUCTIONS CONCERNING THE FISHING LOGBOOK

      3. 2. INSTRUCTIONS CONCERNING THE LANDING/TRANSHIPMENT DECLARATION

      4. 3. ADDITIONAL INSTRUCTIONS FOR RECORDING FISHING EFFORT IN THE FISHING LOGBOOK...

        1. 3.1. Information concerning fishing effort

          1. (a) Crossing an effort zone

          2. (b) Entry into an effort zone

          3. (c) Exit from an effort zone

          4. (d) Trans-zonal fishing activities .

          5. (e) Additional information for fishing vessels using static gears:

        2. 3.2. Information concerning the communication of vessel movements

    11. ANNEX XI

    12. ANNEX XII

      STANDARDS FOR ELECTRONIC DATA EXCHANGE

      1. The format for electronic data exchange is based on the...

      2. Standards are available for:

      3. P1000 – 1; General principles P1000 – 3; Fishing Activity...

      4. The BRS documents and the translation in computer readable form...

    13. ANNEX XIII

    14. ANNEX XIV

    15. ANNEX XV

    16. ANNEX XVI

      METHODOLOGY FOR ESTABLISHING THE SAMPLING PLANS REFERRED TO IN ARTICLES 16(1) AND 25(1) OF THE CONTROL REGULATION

      1. This Annex lays down the methodology on the basis of...

      2. 1. For the purpose of this Annex the following definitions shall...

      3. 2. The aim of the sampling plan shall be to monitor...

      4. 3. The sampling unit shall in principle be the metier. Each...

      5. 4. The target population shall comprise landings by metier from active...

      6. 5. The size of the sample shall be determined on the...

      7. 6. Member States shall define risk at the following levels: ‘very...

      8. 7. In establishing the level of risk of non compliance with...

      9. 8. When drawing up the sampling plans, Member States shall take...

      10. 9. Sampling intensity shall take into account the variability of the...

      11. 10. Where fisheries products are landed in standardized boxes, the minimum...

      12. 11. Precision/confidence levels shall apply as are set out in Levels...

      13. 12. The sampling plan shall also include information on how the...

    17. ANNEX XVII

      FISHING EFFORT REPORTING FORMATS

      1. 1. For the purposes of this Regulation in a fishing effort...

      2. 2. Masters of Union fishing vessels shall communicate the following information...

      3. 3. Masters of Union fishing vessels shall communicate the following information...

      4. 4. Notwithstanding paragraph 3, where masters of Union fishing vessels conduct...

      5. 5. Member States shall ensure that Masters of fishing vessels flying...

    18. ANNEX XVIII

      METHODOLOGY FOR CALCULATING THE AVERAGE NET WEIGHT OF BOXES OR BLOCKS OF FROZEN FISHERIES PRODUCTS

      1. Sampling Plan Lot size(number of boxes) Sample size(number of pallets...

      2. 1. The average weight per box or block shall be determined...

      3. 2. Each pallet of boxes or blocks shall be weighed. The...

      4. 3. In order to arrive at the net weight per box...

      5. 4. The tare weight per box or block referred to in...

    19. ANNEX XIX

      METHODOLOGY FOR ESTABLISHING THE SAMPLING PLANS FOR WEIGHING OF LANDINGS OF FISHERIES PRODUCTS IN MEMBER STATES REFERRED TO IN ARTICLE 60(1) OF THE CONTROL REGULATION

      1. This Annex lays down the methodology for Member States to...

      2. 1. The aim of the sampling plan shall be to ensure...

      3. 2. The size of the sample to be weighed shall be...

      4. 3. Member States shall establish risk at the following levels ‘very...

      5. 4. In establishing the level of risk of non compliance with...

      6. 5. The sampling shall be representative and at least as efficient...

      7. 6. Where fisheries products are landed in standardized boxes, the minimum...

      8. 7. The sampling plan shall also include information on measures taken...

      9. 8. Any risk analysis, data assessment, validation procedure, audit procedure, or...

    20. ANNEX XX

      METHODOLOGY FOR ESTABLISHING THE SAMPLING PLANS REFERRED TO IN ARTICLE 60(3) OF THE CONTROL REGULATION

      1. This Annex lays down the methodology for Member States to...

      2. 1. The aim of the sampling plans shall be to verify...

      3. 2. Member States shall ensure that sampling is carried out at...

      4. 3. The size of the sample shall be determined on the...

      5. 4. Member States shall establish risk at the following levels: ‘very...

      6. 5. In establishing the level of risk of non compliance with...

      7. 6. Sampling of landings of fisheries products shall be at least...

      8. 7. The sampling plan shall include measures to ensure that the...

      9. 8. The number of boxes sample weighed shall be proportionate to...

      10. 9. When fisheries products from such vessels are weighed before first...

      11. 10. The sampling plan shall also include measures to ensure that:...

      12. 11. Any risk analysis, data assessment, validation procedure, audit procedure, or...

    21. ANNEX XXI

      METHODOLOGY FOR ESTABLISHING THE CONTROL PLANS REFERRED TO IN ARTICLE 61(1) OF THE CONTROL REGULATION

      1. This Annex lays down the methodology for Member States to...

      2. 1. The aim of the control plan shall be to minimise...

      3. 2. The size of the sample shall be determined on the...

      4. 3. Member States shall define risk at the following levels ‘very...

      5. 4. In establishing the level of risk of non compliance with...

      6. 5. Control plans shall include, but not be limited to.

      7. 6. Where fisheries products are held in standardized boxes, a number...

      8. 7. The control plan shall include measures to ensure that the...

      9. 8. Any risk analysis, data assessment, validation procedure, audit procedure, or...

    22. ANNEX XXII

      METHODOLOGY FOR ESTABLISHING THE COMMON CONTROL PROGRAMME REFERRED TO IN ARTICLE 61(2) OF THE CONTROL REGULATION

      1. This Annex lays down the methodology for Member States to...

      2. 1. The aim of the common control programme shall be to...

      3. 2. The size of the sample shall be determined on the...

      4. 3. Member States shall define risk at the following levels ‘very...

      5. 4. In establishing the level of risk of non compliance with...

      6. 5. Common control programmes shall include, but not be limited to....

      7. 6. Where fisheries products are held in standardized boxes, a number...

      8. 7. The common control programme shall include measures to ensure that...

      9. 8. Any risk analysis, data assessment, validation procedure, audit procedure, or...

    23. ANNEX XXIII

      LIST OF INFORMATION REQUIRED FOR COMPLETION OF SURVEILLANCE REPORTS REGARDING SIGHTINGS AND DETECTIONS OF FISHING VESSELS

      1. General information

        1. 1. Surveillance report reference

        2. 2. Date and time of sighting or detection (UTC)

        3. 3. Originating Member State and name of single authority

        4. 4. Type and identification of the surveillance craft

        5. 5. Position and location of the surveillance craft at the time...

      2. Details of the fishing vessel

        1. 6. Flag State

        2. 7 Name

        3. 8. Registration port and external registration number

        4. 9. International radio call sign

        5. 10. International Maritime Organisation number

        6. 11. Community Fleet Register number

        7. 12. Description

        8. 13. Type

        9. 14. Initial position and location at the time of sighting or...

        10. 15. Initial heading and speed at the time of sighting or...

        11. 16. Activity

      3. Other information

        1. 17. Sighting or detection mean

        2. 18. Contact with the vessel

        3. 19. Details of communication with the vessel

        4. 20. Record of sighting or detection

        5. 21. Comments

        6. 22. Attachments

        7. 23. Reporting official and signature

      4. Instructions for completing the surveillance reports:

        1. 1. Submit as comprehensive information as possible.

        2. 2. Position in latitude and longitude and detailed location (ICES division,...

        3. 3. Flag State, vessel name, registration port, external registration number, international...

        4. 4. Description of the vessel (if observed visually): distinguishing markings as...

        5. 5. Type of vessel and gears as sighted: e.g. long liner,...

        6. 6. Activity of the sighted or detected vessel as applicable: report...

        7. 7. Sighting or detection mean as applicable: detail of how sighting...

        8. 8. Contact with vessel: state if a contact was made (YES/NO)...

        9. 9. Details of communication: summarise any communication with the vessel with...

        10. 10. Record of sighting or detection: indicate if the sighting or...

        11. 11. Comments: report any other comments.

        12. 12. Attachments: if available, attach photograph or sketch of the vessel...

      5. Rules for the electronic exchange of surveillance reports:

    24. ANNEX XXIV

      INFORMATION WHICH SHALL BE LISTED ON THE SECURE SUBPAGES OF SECURE WEBSITES

      1. 1. List of officials in charge of inspection (Article 116(1)(a) of...

      2. 2. The data from the inspection and surveillance database referred to...

      3. 3. The data of the VMS referred to in Article 19...

      4. 4. The data with the fishing licences and authorisations issued and...

      5. 5. All data elements defined in Annexes II and III to...

      6. 6. The way of measuring the continuous period of 24 hours...

      7. 7. The data on fishing opportunities referred to in Article 33...

      8. 8. National control action programmes (Article 116(1)(g) of the Control Regulation)....

    25. ANNEX XXV

      TASKS OF CONTROL OBSERVERS

      1. 1. Control observers shall note all fishing activities whilst embarked in...

      2. 2. Control observers shall note any interference with the satellite tracking...

    26. ANNEX XXVI

      FORMAT OF CONTROL OBSERVER REPORT

      1. OBSERVER DETAILS Name Designated by (competent authority) Deployed by (employing...

      2. FISHING VESSEL DETAILS Type Flag state Name Community fleet register...

      3. GEAR TYPES CARRIED 1. 2. 3.

      4. GEAR OBSERVED USED DURING TRIP 1. 2. 3.

      5. DETAILS OF FISHING OPERATIONS Fishing operation reference number (if applicable)...

      6. CATCHES Species Retained Discarded Estimated quantities of each species in...

      7. OBSERVATIONS OF NON-COMPLIANCE

      8. END OF THE FISHING TRIP SUMMARY

    27. ANNEX XXVII

      INSPECTION REPORTS

      1. MINIMUM INFORMATION REQUIRED FOR COMPLETION OF INSPECTION REPORTS

        1. Instructions for completing the inspection reports:

        2. Rules for the electronic exchange of inspection reports:

      2. MODULE 1: INSPECTION OF A FISHING VESSEL AT SEA

        1. 1. Inspection report reference

        2. 2. Member State and inspection authority

        3. 3. Inspection vessel (flag, name and external registration number)

        4. 4. International radio call sign

        5. 5. Date of the inspection (start)

        6. 6. Time of the inspection (start)

        7. 7. Date of the inspection (finish)

        8. 8. Time of the inspection (finish)

        9. 9. Position of the inspection vessel (latitude, longitude)

        10. 10. Location of the inspection vessel (detailed fishing area)

        11. 11. Inspector in charge

        12. 12. Nationality

        13. 13. Inspector 2

        14. 14. Nationality

        15. 15. Target fishing vessel details (name, external registration number, flag)

        16. 16. Position and location of the vessel vessel if different from...

        17. 17. Type of the vessel

        18. 18. Certificate of registry ID

        19. 19. International radio call sign

        20. 20. International Maritime Organisation number

        21. 21. Community Fleet Register number

        22. 22. Owner details (name, nationality and address)

        23. 23. Charterer details (name, nationality and address)

        24. 24. Agent details (name, nationality and address)

        25. 25. Master details (name, nationality and address)

        26. 26. Radio call pre boarding

        27. 27. Fishing log-book completed before inspection

        28. 28. Boarding ladder

        29. 29. Identification for inspectors

        30. 30. Infringements or observations

        31. 31. Inspections of documents and authorisations

        32. 32. Certificate of registry ID

        33. 33. Engine propulsion power check

        34. 34. Fishing licence details

        35. 35. Fishing authorisation details

        36. 36. VMS operational

        37. 37. Remote electronic monitoring operational

        38. 38. Number(s) of paper fishing log sheet(s)

        39. 39. E-fishing logbook reference

        40. 40. Prior notification reference

        41. 41. Purpose of notification

        42. 42. Fish room certificate

        43. 43. Stowage plan

        44. 44. Ullage tables for refrigerated sea water tanks

        45. 45. Certification for on board weighing systems

        46. 46. Membership of a producer organisation

        47. 47. Last port of call details (port, state and date)

        48. 48. Infringements or observations

        49. 49. Catch inspection

        50. 50. Catch on board details (species, quantities in live weight equivalent...

        51. 51. Margin of tolerance per species

        52. 52. Separate registration of undersized fish

        53. 53. Separate stowage for demersal stocks under multi-annual plans

        54. 54. Separate stowage for undersized fish

        55. 55. Weighing check, box/container count, ullage tables or sampling

        56. 56. Registration of discard details (species, quantities)

        57. 57. Infringements or observations

        58. 58. Gear inspection

        59. 59. Gear details (type)

        60. 60. Net attachment(s) or device(s) details (type)

        61. 61. Mesh size or dimension details

        62. 62. Twine details (type, thickness)

        63. 63. Gear marking

        64. 64. Infringements or observations

        65. 65. Inspectors' comments

        66. 66. Master's comments

        67. 67. Action(s) taken

        68. 68. Inspectors' signature

        69. 69. Master's signature

      3. MODULE 2: INSPECTION OF FISHING VESSEL(S) ON TRANSHIPMENT

        1. 1. Inspection report reference

        2. 2. Member State and inspection authority

        3. 3. Inspection vessel (flag, name and external registration number)

        4. 4. International radio call sign

        5. 5. Date of the inspection (start)

        6. 6. Time of the inspection (start)

        7. 7. Date of the inspection (finish)

        8. 8. Time of the inspection (finish)

        9. 9. Position of the inspection vessel (latitude, longitude)

        10. 10. Location of the inspection vessel (detailed fishing area)

        11. 11. Location of the port

        12. 12. Designated port

        13. 13. Inspector in charge

        14. 14. Nationality

        15. 15. Inspector 2

        16. 16. Nationality

        17. 17. Donor fishing vessel details (name, external registration number, flag)

        18. 18. Position and location of the vessel (latitude, longitude, detailed fishing...

        19. 19. Type of the vessel

        20. 20. Certificate of registry ID

        21. 21. International radio call sign

        22. 22. International Maritime Organisation number

        23. 23. Community Fleet Register number

        24. 24. Owner details (name, nationality and address)

        25. 25. Charterer details (name, nationality and address)

        26. 26. Agent details (name, nationality and address)

        27. 27. Master details (name, nationality and address)

        28. 28. VMS check pre-boarding

        29. 29. Fishing log-book completed before transhipment

        30. 30. Infringements or observations

        31. 31. Inspections of documents and authorisations

        32. 32. Certificate of registry ID

        33. 33. Fishing licence details

        34. 34. Fishing authorisation details

        35. 35. Transhipment authorisation details

        36. 36. VMS operational

        37. 37. Number(s) of paper fishing log sheet(s)

        38. 38. E-fishing logbook reference

        39. 39. Prior notification reference

        40. 40. Purpose of prior notification (including IUU regime)

        41. 41. Last port of call details (port, state and date)

        42. 42. Infringements or observations

        43. 43. Catch inspection

        44. 44. Catch on board details (before transhipment) (species, quantities in product...

        45. 45. Margin of tolerance per species

        46. 46. Catch transhipped details (species, quantities in product weight including for...

        47. 47. Infringements or observations

        48. 48. Receiving fishing vessel details (name, external registration number, flag)

        49. 49. Position and location of the vessel (latitude, longitude, detailed fishing...

        50. 50. Type of the vessel

        51. 51. Certificate of registry ID

        52. 52. International radio call sign

        53. 53. International Maritime Organisation number

        54. 54. Community Fleet Register number

        55. 55. Owner details (name, nationality and address)

        56. 56. Charterer details (name, nationality and address)

        57. 57. Agent details (name, nationality and address)

        58. 58. Master details (name, nationality and address)

        59. 59. VMS check pre-boarding

        60. 60. Fishing log-book completed before transhipment

        61. 61. Infringements or observations

        62. 62. Inspections of documents and authorisations

        63. 63. Certificate of registry ID

        64. 64. Fishing licence details

        65. 65. VMS operational

        66. 66. Number(s) of paper fishing log sheet(s)

        67. 67. E-fishing logbook reference

        68. 68. Prior notification reference

        69. 69. Purpose of prior notification

        70. 70. Last port of call details (port, state and date)

        71. 71. Infringements or observations

        72. 72. Catch inspection

        73. 73. Catch on board details (before transhipment) (species, quantities in product...

        74. 74. Catch received details (species, quantities in product weight including for...

        75. 75. Infringements or observations

        76. 76. Inspectors' comments

        77. 77. Master(s)' comments

        78. 78. Action(s) taken

        79. 79. Inspectors' signature

        80. 80. Master(s)' signature

      4. MODULE 3: INSPECTION OF A FISHING VESSEL IN PORT OR...

        1. 1. Inspection report reference

        2. 2. Member State and inspection authority

        3. 3. Date of the inspection (start of inspection

        4. 4. Time of the inspection (start of inspection)

        5. 5. Date of the inspection (finish of inspection)

        6. 6. Time of the inspection (finish of inspection)

        7. 7. Location of the port

        8. 8. Designated port

        9. 9. Inspector in charge

        10. 10. Nationality

        11. 11. Inspector 2

        12. 12. Nationality

        13. 13. Target fishing vessel details (name, external registration number, flag)

        14. 14. Type of the vessel

        15. 15. Certificate of registry ID

        16. 16. International radio call sign

        17. 17. International Maritime Organisation number

        18. 18. Community Fleet Register number

        19. 19. Owner details (name, nationality and address)

        20. 20. Beneficial owner details (name, nationality and address

        21. 21. Charterer details (name, nationality and address)

        22. 22. Agent details (name, nationality and address)

        23. 23. Master details (name, nationality and address)

        24. 24. VMS check pre-arrival to land

        25. 25. Fishing log-book completed before arrival

        26. 26. Identification for inspectors

        27. 27. Infringements or observations

        28. 28. Inspections of documents and authorisations

        29. 29. Certificate of registry ID

        30. 30. Fishing licence details

        31. 31. Fishing authorisation details

        32. 32. Port access and landing authorisation details

        33. 33. Number(s) of paper fishing log sheet(s)

        34. 34. E-fishing logbook reference

        35. 35. Prior notification reference

        36. 36. Purpose of prior notification (including IUU regime)

        37. 37. Fish room certificate

        38. 38. Stowage plan

        39. 39. Ullage tables for refrigerated sea water tanks

        40. 40. Certification for on board weighing systems

        41. 41. Membership of a producer organisation

        42. 42. Last port of call details (date, state and port)

        43. 43. Infringements or observations

        44. 44. Catch inspection

        45. 45. Catch on board details (species, quantities in product weight including...

        46. 46. Margin of tolerance per species

        47. 47. Separate registration of undersized fish

        48. 48. Catch offloaded details (species, quantities in product weight including for...

        49. 49. Minimum conservation reference size checked

        50. 50. Labelling

        51. 51. Weighing check, box/container count or sampling check on discharge

        52. 52. Hold check after discharge

        53. 53. Catch weighing on landing

        54. 54. Infringements or observations

        55. 55. Transhipment details for catches received from other fishing vessel(s)

        56. 56. Donor fishing vessel(s) details (name, external registration number, international radio...

        57. 57. Transhipment declaration details

        58. 58. Catch transhipped details (species, quantities in product weight including for...

        59. 59. Other catch documentation (catch certificates)

        60. 60. Infringements or observations

        61. 61. Gear inspection

        62. 62. Gear details (type)

        63. 63. Net attachment(s) or device(s) details (type)

        64. 64. Mesh size or dimension details

        65. 65. Twine details (type, thickness)

        66. 66. Gear marking

        67. 67. Infringements or observations

        68. 68. Status of the fishing vessel in RFMO area(s) where the...

        69. 69. Inspectors' comments

        70. 70. Master's comment

        71. 71. Action(s) taken

        72. 72. Inspectors' signature

        73. 73. Master's signature

      5. MODULE 4: MARKET/ PREMISES INSPECTION

        1. 1. Inspection report reference

        2. 2. Member State and inspection authority

        3. 3. Date of the inspection (start of inspection)

        4. 4. Time of the inspection (start of inspection)

        5. 5. Date of the inspection (finish of inspection)

        6. 6. Time of the inspection (finish of inspection)

        7. 7. Location of the port

        8. 8. Inspector in charge

        9. 9. Nationality

        10. 10. Inspector 2

        11. 11. Nationality

        12. 12. Identification for inspectors

        13. 13. Market or premises inspection details (name and address)

        14. 14. Owner details (name, nationality and address)

        15. 15. Owner representative details (name, nationality and address)

        16. 16. Inspected fisheries products details (species, quantities in product weight including...

        17. 17. Registered buyer, auction centre or other bodies or persons responsible...

        18. 18. Minimum conservation reference size checked

        19. 19. Labelling for traceability

        20. 20. Common marketing standards

        21. 21. Size categories

        22. 22. Freshness categories

        23. 23. Fisheries products subject to storage mechanism inspected

        24. 24. Fisheries products weighed before sale

        25. 25. Weighing systems calibrated and sealed

        26. 26. Infringements or observations

        27. 27. Inspection of documents related to inspected fisheries products

        28. 28. Landing declaration details

        29. 29. Take-over declaration details

        30. 30. Transport document details

        31. 31. Supplier invoices and sales notes details

        32. 32. IUU catch certificate details

        33. 33. Importer details (name, nationality and address)

        34. 34. Infringements or observations

        35. 35. Inspectors' comments

        36. 36. Operator's comments

        37. 37. Action(s) taken

        38. 38. Inspectors' signature

        39. 39. Operator's signature

      6. MODULE 5: INSPECTION OF TRANSPORT VEHICLE

        1. 1. Inspection report reference

        2. 2. Member State and inspection authority (*)

        3. 3. Date of the inspection (start) (*)

        4. 4. Time of the inspection (start) (*)

        5. 5. Date of the inspection (finish) (*)

        6. 6. Time of the inspection (finish) (*)

        7. 7. Location of inspection (address) (*)

        8. 8. Inspector in charge (*)

        9. 9. Nationality

        10. 10. Inspector 2 (*)

        11. 11. Nationality

        12. 12. Identification for inspectors

        13. 13. Target vehicle details (type and nationality) (*)

        14. 14. Tractor identification (registration plate number) (*)

        15. 15. Trailer identification (registration plate number) (*)

        16. 16. Owner details (name, nationality and address) (*)

        17. 17. Driver details (name, nationality and address) (*)

        18. 18. Inspection of documents related to fisheries products (*)

        19. 19. Fisheries products weighed before transport (species, quantities in product weight...

        20. 20. Destination of the vehicle (*)

        21. 21. Transport document details

        22. 22. Electronic transmission of the transport document to the flag Member...

        23. 23. Fishing logbook of the originating vessel attached to the transport...

        24. 24. Electronic transmission of the fishing logbook of the originating vessel...

        25. 25. Other catch document attached to transport document (catch certificate)

        26. 26. Transport document received before arrival by the landing or marketing...

        27. 27. Landing declaration details

        28. 28. Take-over declaration details

        29. 29. Take-over cross check with landing declaration

        30. 30. Sales note or invoices details

        31. 31. Labelling for traceability

        32. 32. Sample weighing of box/containers

        33. 33. Weighing systems calibrated and sealed

        34. 34. Weighing record

        35. 35. Vehicle or container sealed

        36. 36. Seal details noted on the transport document

        37. 37. Inspection authority who affixed the seals (*)

        38. 38. Status of seals (*)

        39. 39. Infringements or observations (*)

        40. 40. Fisheries products transported before weighing (species, quantities in product weight...

        41. 41. Destination of the vehicle (*)

        42. 42. Transport document details

        43. 43. Electronic transmission of the transport document to the flag Member...

        44. 44. Fishing logbook of the originating vessel attached to the transport...

        45. 45. Electronic transmission of the fishing logbook of the originating vessel...

        46. 46. Transport document received before arrival by the landing or marketing...

        47. 47. Landing declaration details

        48. 48. Weighing of fisheries products observed on arrival at destination by...

        49. 49. Registered buyer, auction centre or other bodies or persons responsible...

        50. 50. Vehicle or container sealed

        51. 51. Seal details noted on the transport document

        52. 52. Inspection authority who affixed the seals (*)

        53. 53. Status of seals (*)

        54. 54. Infringements or observations (*)

        55. 55. Inspectors' comments (*)

        56. 56. Transporter's comments (*)

        57. 57. Action(s) taken (*)

        58. 58. Inspectors' signature (*)

        59. 59. Transporter's signature (*)

    28. ANNEX XXVIII

      MARKING OF FISHERY INSPECTION MEANS

      1. INSPECTION PENNANT OR SYMBOL

    29. ANNEX XXIX

      CONSTRUCTION AND USE OF BOARDING LADDERS

      1. 1. The provisions of this Annex shall apply to safe and...

      2. 2. A boarding ladder shall be provided which shall be efficient...

      3. 3. The ladder shall be positioned and secured so that:

      4. 4. The steps of the boarding ladder shall:

      5. 5. No boarding ladder shall have more than two replacement steps...

      6. 6. The side ropes of the ladder shall consist of two...

      7. 7. Battens made of hardwood, or other material of equivalent properties,...

      8. 8. Means shall be provided to ensure safe and convenient passage...

      9. 9. Where such passage is by means of a bulwark ladder,...

      10. 10. Lighting shall be provided at night so that both the...

      11. 11. Means shall be provided to enable the boarding ladder to...

      12. 12. The rigging of the ladder and the embarkation and disembarkation...

      13. 13. Where on any fishing vessel constructional features such as rubbing...

    30. ANNEX XXX

      POINTS TO BE ASSIGNED FOR SERIOUS INFRINGEMENTS

      1. No Serious infringement Points 1 Not fulfilling of obligations to...

    31. ANNEX XXXI

      LIST OF DATA TO BE COMMUNICATED ON REQUEST TO THE COMMISSION

      1. . . . . . . . . . ....

      2. I-A Regulation (EC) No 1198/2006

        1. Member State

        2. Information on individual operations

        3. Wording of table columns

        4. Columns 1 to 6: Administrative details of operation

        5. Columns 7 to 10: Expenditure forecasts under operation in accordance with administrative decision granting...

        6. Columns 11 to13: Information concerning financial implementation of operation — statement of eligible...

      3. I-B Regulation (EC) No 861/2006

        1. Member State

        2. Information on projects (one sheet by project)

        3. Wording of table columns

        4. Columns 1 to 3: Administrative details of the project

        5. Columns 4 to 6: Eligible expenditure under project concerned in accordance with the financial...

        6. Column 7: Information concerning financial implementation of the project — statement of...

    32. ANNEX XXXII

    33. ANNEX XXXIII

      INFORMATION WHICH SHALL BE LISTED ON THE PUBLIC SUBPAGES OF PUBLICLY ACCESSIBLE WEBSITES

      1. 1. The responsible authorities for issuing fishing licences and authorisations (Article...

      2. 2. List of designated ports for the purpose of transhipment (Article...

      3. 3. List of designated ports defined in a multiannual plan (Article...

      4. 4. Real-time closures by Member States (Article 115(d) of the Control...

      5. 5. Contact point details for the transmission or submission of fishing...

      6. 6. Real-time closures by the Commission (Article 115(f) of the Control...

      7. 7. Decision to close a fishery (Article 115(g) of the Control...

    34. ANNEX XXXIV

      STANDARD FORM FOR THE EXCHANGE OF INFORMATION ON REQUEST ACCORDING TO ARTICLE 158 OF THIS REGULATION

    35. ANNEX XXXV

      STANDARD FORM FOR THE REQUEST FOR ADMINISTRATIVE NOTIFICATION ACCORDING TO ARTICLE 161(2) OF THIS REGULATION

    36. ANNEX XXXVI

      STANDARD FORM FOR THE REPLY FOR ADMINISTRATIVE NOTIFICATION ACCORDING TO ARTICLE 161(3) OF THIS REGULATION

    37. ANNEX XXXVII

      LIST OF MINIMUM INFORMATION TO FORM THE BASIS FOR 5 YEARLY REPORT ON THE APPLICATION OF THE CONTROL REGULATION

      1. 1. GENERAL PRINCIPLES

      2. 2. GENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES

        1. 2.1 Article 6 of the Control Regulation

        2. 2.2 Article 7 of the Control Regulation

        3. 2.3 Article 8 of the Control Regulation

        4. 2.4 Article 9 of the Control Regulation

        5. 2.5 Article 10 of the Control Regulation

        6. 2.6 Article 11 of the Control Regulation

        7. 2.7 Article 13 of the Control Regulation

      3. 3. CONTROL OF FISHERIES

        1. 3.1 Articles 14, 15 and 16 of the Control Regulation

        2. 3.2 Articles 16 and 25 of the Control Regulation

        3. 3.3 Article 17 of the Control Regulation

        4. 3.4 Article 18 of the Control Regulation

        5. 3.5 Article 20 of the Control Regulation

        6. 3.6 Articles 21 and 22 of the Control Regulation

        7. 3.7 Article 26 of the Control Regulation

        8. 3.8 Articles 33 and 34 of the Control Regulation

        9. 3.9 Article 35 of the Control Regulation

      4. 4. CONTROL OF FLEET MANAGEMENT

        1. 4.1 Article 38 of the Control Regulation

        2. 4.2 Article 42 of the Control Regulation

        3. 4.3 Article 43 of the Control Regulation

        4. 4.4 Article 44 of the Control Regulation

        5. 4.5 Article 46 of the Control Regulation

      5. 5. CONTROL OF TECHNICAL MEASURES

        1. 5.1 Article 47 of the Control Regulation

        2. 5.2 Article 48 of the Control Regulation

        3. 5.3 Article 49 of the Control Regulation

      6. 6. CONTROL OF FISHING RESTRICTED AREAS

        1. 6.1 Article 50 of the Control Regulation

      7. 7. REAL TIME CLOSURE OF FISHERIES

        1. 7.1 Article 53 of the Control Regulation

      8. 8. CONTROL OF RECREATIONAL FISHERIES

        1. 8.1 Article 55 of the Control Regulation

      9. 9. CONTROL OF MARKETING

        1. 9.1 Article 56 of the Control Regulation

        2. 9.2 Article 57 of the Control Regulation

        3. 9.3 Article 58 of the Control Regulation

        4. 9.4 Article 59 of the Control Regulation

        5. 9.5 Article 60 of the Control Regulation

        6. 9.6 Article 61 of the Control Regulation

        7. 9.7 Article 62 of the Control Regulation

        8. 9.8 Article 66 of the Control Regulation

        9. 9.9 Article 68 of the Control Regulation

      10. 10. PRODUCER ORGANISATIONS AND PRICE AND INTERVENTION

        1. 10.1 Article 69 of the Control Regulation

        2. 10.2 Article 70 of the Control Regulation

      11. 11. SURVEILLANCE

        1. 11.1 Article 71 of the Control Regulation

        2. 11.2 Article 73 of the Control Regulation

      12. 12. INSPECTION AND ENFORCEMENT

        1. 12.1 Articles 74 and 76 of the Control Regulation

        2. 12.2 INSPECTION RESOURCE: VESSELS

        3. 12.3 INSPECTIONS ACTIVITY: AT SEA

        4. 12.4 INSPECTION RESOURCE: SURVEILLANCE AIRCRAFT

        5. 12.5 FOLLOW UP OF INSPECTIONS AND INFRINGEMENTS DETECTED

        6. 12.6 Article 75 of the Control Regulation

        7. 12.7 Article 79

        8. 12.8 Articles 80, 81, 82, 83 and 84 of the Control...

        9. 12.9 Articles 85 and 86 of the Control Regulation

      13. 13. ENFORCEMENT

        1. 13.1 Article 92 of the Control Regulation

        2. 13.2 Article 93 of the Control Regulation

      14. 14. CONTROL PROGRAMMES

        1. 14.1 Article 94 of the Control Regulation

        2. 14.2 Article 95 of the Control Regulation

      15. 15. DATA AND INFORMATION

        1. 15.1 Articles 109 to 116 of the Control Regulation

      16. 16. IMPLEMENTATION

        1. 16.1 Articles 117 and 118 of the Control Regulation

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