Commission Implementing Decision (EU) 2018/1986Show full title

Article 5 U.K. Procedures for risk assessment and relation with joint deployment plans

1. The Member States concerned shall assess, at least once a year, risks with regard to the fisheries listed in Annexes I to V in accordance with the harmonised methodology established by the Member States in cooperation with the European Fisheries Control Agency (EFCA), and based on possible threats of non-compliance with the rules of the common fishery policy.

2. The risk assessment methodology referred to in paragraph 1 shall provide that the Member States:

(a) consider, using all available and relevant information, how likely a non-compliance is to happen and, if it were to happen, its potential impact(s);

(b) establish the level of risk by stocks, gear, area covered (referred to as ‘fleet segment’) and time of the year, based on likelihood and potential impact. The estimated risk level shall be expressed as ‘very high’, ‘high’, ‘medium’, ‘low’.

3. In the framework of a joint deployment plan established by EFCA in accordance with Regulation (EC) No 768/2005 (‘joint deployment plan’) each Member State concerned shall communicate to EFCA the results of its risk assessment. The identified type of possible non-compliance (threats) with the applicable rules on the common fishery policy shall be outlined to facilitate programming the risk management strategy referred to in Article 6. Member States shall immediately communicate to EFCA any changes in the estimated level of risks.

4. EFCA shall use the information received from Member States when coordinating the risk assessment at regional level.

5. The Member States concerned shall establish a list of their vessels indicating, at least the medium-, high- and very high risk vessels. The list of vessels shall be regularly updated taking into consideration the information collected during control and inspection activities, including joint control and inspection and any relevant information provided by other Member States.

6. In cases where a fishing vessel flying the flag of a Member State which is not a Member State concerned, or a third country fishing vessel, operates in the areas concerned the level of risk pursuant to paragraph 5 shall be determined by the coastal Member State in whose waters the fishing vessel is operating, unless the flag State authorities provide, in the framework of Article 8 of this Decision, the level of that risk.

7. In the framework of a joint deployment plan and for operational reasons the Member States concerned shall communicate to EFCA the list of vessels established pursuant to paragraphs 5 and 6. The identified type of threats applicable to the vessels shall be outlined to facilitate effective control and inspection activities. The Member States concerned shall immediately inform EFCA of any changes following the update of their list.