Article 7Amendments to Regulation (EC) No 1224/2009
Regulation (EC) No 1224/2009 is amended as follows:
- (1)
X1in the title, Article 1 , Article 2(1), Article 3, points 2, 7, 9, 10, 18 and 24 of Article 4, Article 5(2), (6) and (7), Article 6(1), Article 7(1), Article 9(4) to (7), Article 10(2), Article 12, Article 14(1) and (4) to (8), Article 15(1) to (5), Article 17(1) and (2), Article 18(1), Article 20(1) and (3), Article 21(1), Article 22(1) to (3) and (5), Article 23(1) and (3), Article 24(1) to (5), Article 28(1), Article 33(2), (5) and (8), Article 36(2), Article 37(1), Article 40(1), Article 43(2), Article 44(1) to (3), Article 48(1), (2) and (5), Article 49(1), Article 50(1) and (5), Article 55(1), Article 56(2), Article 58(2) and (7), Article 62(5), Article 65(1), Article 68(1), Article 71(1), Article 73(1) and (7), Article 74(2), Articles 77 and 79, Article 80(1) to (4), Article 81(1), Article 83(1) and (2), Article 87, point (c) of Article 108(2), Article 112(1) and (2) and Article 113(2), (4) and (5), the noun ‘ Community ’ or the corresponding adjective is replaced by ‘ Union ’ , with any necessary grammatical changes being made;
- (2)
Article 14 is amended as follows:
- (a)
paragraph 1 is replaced by the following:
‘1.
Without prejudice to specific provisions contained in multiannual plans, the master of each Union fishing vessel of 10 metres' length overall or more shall keep a fishing logbook of operations, indicating specifically, for each fishing trip, all quantities of each species caught and kept on board above 50 kg of live-weight equivalent. The 50 kg threshold shall apply as soon as catches of a species exceed 50 kg.’;
- (b)
in paragraph 2, point (f) is replaced by the following:
‘(f)
the estimated quantities of each species in kilograms live weight, or, where appropriate, the number of individuals, including the quantities or individuals below the applicable minimum conservation reference size, as a separate entry;’;
- (c)
paragraph 4 is replaced by the following:
‘4.
Masters of Union fishing vessels shall record in their fishing logbook all estimated discards above 50 kg of live-weight equivalent in volume for any species not subject to the landing obligation.
Masters of Union fishing vessels shall also record in their fishing logbook all estimated discards in volume for any species not subject to the landing obligation pursuant to Article 15(4) and (5) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council19.’;
- (a)
- (3)
in Article 17(1), points (e) and (f) are replaced by the following:
- ‘(e)
the quantities of each species recorded in the fishing logbook, including those below the applicable minimum conservation reference size, as a separate entry;
- (f)
the quantities of each species to be landed or trans-shipped, including those below the applicable minimum conservation reference size, as a separate entry.’;
- ‘(e)
- (4)
in Article 21(2), point (c) is replaced by the following:
‘(c)
the estimated quantities of each species in kilograms in product weight, broken down by type of product presentation, or, where appropriate, the number of individuals, including the quantities or individuals below the applicable minimum conservation reference size, as a separate entry;’;
- (5)
in Article 23(2), point (c) is replaced by the following:
‘(c)
the quantities of each species in kilograms in product weight broken down by type of product presentation, or, where appropriate, the number of individuals, including the quantities or individuals below the applicable minimum conservation reference size, as a separate entry;’;
- (6)
Article 33 is amended as follows:
- (a)
in paragraph 2, point (a) is replaced by the following:
‘(a)
for the quantities of each stock or group of stocks subject to TACs or quotas landed during the preceding month, including those below the applicable minimum conservation reference size, as a separate entry; and’;
- (b)
paragraph 6 is replaced by the following:
‘6.
Catches taken in the framework of scientific research which are marketed and sold, including, where appropriate, those below the applicable minimum conservation reference size, shall be counted against the quota applicable to the flag Member State insofar as they exceed 2 % of the quotas concerned. Article 12(2) of Council Regulation (EC) No 199/200820 shall not apply to scientific research voyages during which such catches are taken.’;
- (a)
- (7)
the following Articles are inserted:
‘Article 49aSeparate stowage of catches below the minimum conservation reference sizes
1.
All catches below the applicable minimum conservation reference size retained on board a Union fishing vessel shall be placed in boxes, compartments or containers in such a way that they are identifiable from other boxes, compartments or containers. Those catches shall not be mixed with any other fishery products.
2.
Paragraph 1 shall not apply:
(a)
where the catches contain more than 80 % of one or more small pelagic or industrial species as listed in point (a) of Article 15(1) of Regulation (EU) No 1380/2013;
(b)
to fishing vessels of less than 12 metres' length overall where catches below the minimum conservation reference size have been sorted, estimated and recorded in accordance with Article 14 of this Regulation.
3.
In the cases referred to in paragraph 2, Member States shall monitor the catch composition by way of sampling.
Article 49bDe minimis rule
Member States shall ensure that catches falling under the de minimis exemption referred to in point (c) of Article 15(5) of Regulation (EU) No 1380/2013 do not exceed the percentage of the exemption established in the relevant Union measure.
Article 49cLanding of catches below the minimum conservation reference sizes
Where catches below the applicable minimum conservation reference size are landed, those catches shall be stored separately and be treated in such a way that they are distinguished from fishery products destined for direct human consumption. Member States shall control compliance with that obligation in accordance with Article 5.’;
- (8)
Article 56 is amended as follows:
- (a)
paragraph 1 is replaced by the following:
‘1.
Each Member State shall be responsible for controlling on its territory the application of the rules of the common fisheries policy at all stages of the marketing of fisheries and aquaculture products, from the first sale to the retail sale, including transport. Member States shall in particular ensure that the use of fishery products below the applicable minimum conservation reference size that are subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 is restricted to purposes other than direct human consumption.’;
- (b)
the following paragraph is added:
‘5.
Quantities of fishery products of several species, consisting of individuals below the applicable minimum conservation reference size coming from the same relevant geographical area and the same fishing vessel, or group of fishing vessels, may be put into lots prior to the first sale.’;
- (a)
- (9)
in Article 58(5), the following point is inserted:
‘(ea)
in cases where fish below the applicable minimum conservation reference size are present in the quantities referred to in point (e), separate information on the quantities of each species in kilograms expressed in net weight, or the number of individuals;’;
- (10)
in Article 64(1), point (h) is replaced by the following:
- ‘(h)
where appropriate, the destination of products withdrawn from the market for storage of fishery products in accordance with Article 30 of Regulation (EU) No 1379/2013;
- (ha)
where appropriate, the quantities in kilograms expressed in net weight, or the number of individuals, below the applicable minimum conservation reference size, and the destination thereof;’;
- ‘(h)
- (11)
in Article 66(3), the following point is added:
‘(h)
where appropriate, the quantities in kilograms expressed in net weight, or the number of individuals, below the applicable minimum conservation reference size;’;
- (12)
in Article 68(5), the following point is added:
‘(g)
where appropriate, the quantities in kilograms expressed in net weight, or the number of individuals, below the applicable minimum conservation reference size;’;
- (13)
the following Article is inserted:
‘Article 73aControl observers for the monitoring of the landing obligation
Without prejudice to Article 73(1) of this Regulation, Member States may deploy control observers on board fishing vessels flying their flag for the monitoring of fisheries subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013. Article 73(2) to (9) of this Regulation shall apply to those control observers.’;
- (14)
in Article 90(1), point (c) is replaced by the following:
‘(c)
the failure to bring and retain on board the fishing vessel and to land any catches of species subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013, unless the bringing and retention on board and the landing of such catches would be contrary to obligations or subject to exemptions provided for in the rules of the common fisheries policy in fisheries or fishing zones where such rules apply.’;
- (15)
in Article 92, paragraph 1 is replaced by the following:
‘1.
Member States shall apply a point system for serious infringements as referred to in point (a) of Article 42(1) of Regulation (EC) No 1005/2008 and for violations of the landing obligation referred to in point (c) of Article 90(1) of this Regulation, on the basis of which the holder of a fishing licence is assigned the appropriate number of points as a result of an infringement of the rules of the common fisheries policy.’;
- (16)
Article 105 is amended as follows:
- (a)
in paragraph 2, the table is replaced by the following:
‘Extent of overfishing relative to the permitted landings
Multiplying factor
Up to 10 %
Overfishing *1,0
Over 10 % up to 20 %
Overfishing *1,2
Over 20 % up to 40 %
Overfishing *1,4
Over 40 % up to 50 %
Overfishing *1,8
Any further overfishing greater than 50 %
Overfishing *2,0’;
- (b)
paragraph 3 is replaced by the following:
‘3.
In addition to the multiplying factors referred to in paragraph 2 and provided that the extent of overfishing relative to the permitted landings exceeds 10 %, a multiplying factor of 1,5 shall apply if:
(a)
a Member State has repeatedly overfished its quota, allocation or share of the stock or group of stocks over the previous 2 years and such overfishing has been the subject of deductions as referred to in paragraph 2;
(b)
the available scientific, technical and economic advice and, in particular, the reports drawn up by STECF have established that overfishing constitutes a serious threat to the conservation of the stock concerned; or
(c)
the stock is subject to a multiannual plan.’;
- (c)
paragraph 3a is deleted;
- (a)
- (17)
in Article 106(2), the table is replaced by the following:
‘Extent of excess of available fishing effort
Multiplying factor
Up to 10 %
Excess * 1,0
Over 10 % up to 20 %
Excess * 1,2
Over 20 % up to 40 %
Excess * 1,4
Over 40 % up to 50 %
Excess * 1,8
Any further excess greater than 50 %
Excess * 2,0’.