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

Article 2 U.K. Definitions

For the purpose of this Regulation the following definitions shall apply:

(1)

F1 ...

(2)

F2 ...

(3)

‘holder of a fishing licence’ means a natural or legal person to whom a fishing licence as referred to Article 6 of the Control Regulation has been issued;

(4)

F3 ...

(5)

‘fish aggregating device’ means any equipment floating on the sea surface or anchored with the objective of attracting fish;

(6)

‘passive gear’ means any fishing gear the catch operation of which does not require an active movement of the gear, including:

(a)

gillnets, entangling nets, trammel nets, and trap nets;

(b)

drifting gillnets, and drifting trammel nets, any of which may be equipped with anchoring, floating and navigational gear;

(c)

long lines, lines, pots and traps;

(7)

‘beam trawl’ means any towed trawl in which the mouth of the trawl is held open by a beam or similar device, irrespectively of whether they are supported or not when dragged along the seabed;

(8)

‘vessel monitoring system’ (VMS) as referred to in Article 9(1) of the Control Regulation means a satellite-based fishing vessel monitoring system providing to the fisheries authorities data at regular intervals on the location, course and speed of vessels;

(9)

‘satellite-tracking device’ as referred to in Article 4(12) of the Control Regulation means a device installed on board of a fishing vessel that transmits position and related data automatically to the fisheries monitoring centre according to the legal requirements and that allows detection and identification of the fishing vessel at all times;

(10)

‘fishing trip’ means any voyage of a fishing vessel during which fishing activities are conducted that starts at the moment when the fishing vessel leaves a port and ends on arrival in port;

(11)

‘fishing operation’ means all activities in connection with searching for fish, the shooting, towing and hauling of active gears, setting, soaking, removing or resetting of passive gears and the removal of any catch from the gear, keep nets, or from a transport cage to fattening and farming cages;

(12)

‘electronic fishing logbook’ means the record by computerised means of fishing operation details by the master of a fishing vessel transmitted to the [F4 the authorities of a fisheries administration or of a third country];

(13)

‘product presentation’ means a description of the processed state of the fisheries product or part thereof in accordance with the codes and descriptions in Annex I;

(14)

F5 ...

(15)

‘sighting’ means any observation of a fishing vessel by any competent authority of a [F6 fisheries administration];

(16)

‘commercially sensitive information’ means information the release of which is likely to prejudice the commercial interests of an operator;

(17)

‘computerised validation system’ means a system capable of verifying that all data recorded in F7 ... databases is accurate, complete and submitted within the deadlines;

(18)

‘web service’ means a software system designed to support interoperable machine-to-machine interaction over a network;

(19)

[F8 ‘the Control Regulation’ means Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy.]

Textual Amendments

F1 Art. 2(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 2(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 2(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 2(12) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 2(14) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 2(15) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(3)(e); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 2(17) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(3)(f); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 2(19) inserted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(3)(g); 2020 c. 1, Sch. 5 para. 1(1)