Commission Implementing Regulation (EU) 2017/218

of 6 February 2017

on the Union fishing fleet register

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulation (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC1, and in particular Article 24(4) thereof,

Whereas:

(1)

The Union fishing fleet register is a necessary tool for implementing the rules of the Common Fisheries Policy. That register should contain all Union fishing vessels.

(2)
Currently the rules governing the national fishing fleet registers and the Union fishing fleet register are laid down in Commission Regulation (EC) No 26/20042.
(3)

Member States should record the information on ownership, on vessel and gear characteristics and on the activity of Union fishing vessels flying their flag and submit to the Commission such information in accordance with Article 24(1) of Regulation (EU) No 1380/2013. The Commission should maintain a Union fishing fleet register containing the information received from the Member States.

(4)

The Member States are responsible for the accuracy of the information contained in the national fishing fleet register. To this end the Members States should constantly monitor the quality of such information and ensure that it is regularly updated and can be checked at any time by the Commission through specific queries.

(5)
The processing by the Member States' competent authorities of personal data included in the national fishing fleet registers is subject to Union law rules on the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council3, and to the relevant national implementing legislation. The characteristics and external marking recorded in the register kept by each Member State should be specified in accordance with Council Regulation (EEC) No 2930/864 and Commission Implementing Regulation (EU) No 404/20115.
(6)

In order to monitor the activities of vessels between Member States and to ensure an unequivocal link between the information contained in the Union fishing fleet register and the data from other information systems relating to fishing activities, a unique identification number should be allocated to each Union fishing vessel, which under no circumstances may be reassigned or altered.

(7)

To ensure the effective application of this Regulation it is appropriate to introduce new tools and procedures in order to simplify further data management between Member States and the European Commission and to guarantee access to updated data more frequently.

(8)

For the management of the capacity of fishing fleets and their activity, the Union fishing fleet register should be made available to Member States in its entirety and to the public in a limited version. This limited version should exclude personal data in order to protect such data but include fishing vessels identifiers for the purposes of strengthening access to and transparency of information for the public.

(9)
Processing of personal data in the framework of this Regulation by the Union institutions and bodies and access by the Member States to the information in the Union fishing fleet register is subject to Union law on the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Regulation (EC) No 45/2001 of the European Parliament and of the Council6 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.
(10)

The new tool for data exchanges developed by the Commission should be used for all electronic data exchanges.

(11)

As Article 24(2) of Regulation (EU) No 1380/2013 provides that Member States send to the Commission the information on ownership and on vessel and gear characteristics of Union fishing vessels flying their flag, those data should also be included in this Regulation.

(12)

Regulation (EC) No 26/2004 should be repealed.

(13)

Sufficient time should be given to Member States to adapt their national registers to the new data requirements laid down in this Regulation.

(14)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

Article 1Subject matter

 F1This Regulation determines the minimum information on vessel characteristics and activity which must appear in the United Kingdom fishing fleet register.

Article 2Definitions

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

  1. (a)

    ‘fishing vessel’ means any vessel as defined in the Article 4 paragraph 1(4) of Regulation (EU) No 1380/2013;

  2. (b)

    F2...

  3. (c)

    F3...

  4. (d)

    ‘aquaculture vessel’ means a vessel equipped exclusively for harvesting, transport, handling and/or landing of aquaculture products;

  5. (e)

    ‘event’ means any entry to or exit from the fleet of a vessel or change in one of its characteristics as listed in Annex I;

  6. (f)

    F4...

  7. (g)

    F5...

  8. (h)

    F6...

  9. (i)

    F7...

  10. (j)

    ‘legal owner’ means any natural or legal person that appears on the vessel's registration documents as having the legal title of ownership of the vessel;

  11. (k)
    ‘operator’ means a natural or legal person as defined in Article 4(19) of Council Regulation (EC) No 1224/20097;
  12. (l)

    F8‘United Kingdom fleet register (UKFR) number’ means the unique identification number of the vessel in the United Kingdom fleet;

  13. (m)

    ‘personal data’ means any information relating to an identified or identifiable natural person as defined in Article 2(a) of Regulation (EC) No 45/2001;

  14. (n)

    F9...

  15. (o)

    ‘F10United Kingdom fishing fleet register’ means the register, kept by the F11Secretary of State, containing information on all F10United Kingdom fishing vessels.

Article 3Scope

This Regulation shall apply to all F12United Kingdom fishing vessels except aquaculture vessels and blue fin tuna traps.

Article 4Use of the F13United Kingdom fishing fleet register

The data from the F14United Kingdom fishing register shall be used for the application of F15Fisheries Rules.

Article 5Data collection for the United Kingdom fishing fleet register

 F16A fisheries administration must, jointly with the other fisheries administrations, collect and validate without delay the data referred to in Annex I to enable the Secretary of State to record the same data in the United Kingdom fishing fleet register.

F17Article 6Data submission

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F18Article 7Snapshots

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F19Article 8United Kingdom fleet register number

(1.

 The Secretary of State must assign a United Kingdom fleet register (UKFR) number to any fishing vessel which enters in the United Kingdom fleet for the first time.

(2.

The UKFR number must not be altered during the period in which the fishing vessel belongs to the United Kingdom fleet.

(3.

The UKFR number must not be reassigned to another vessel. If a fishing vessel is exported outside the United Kingdom and re-imported back into the United Kingdom, the fishing vessel must be reassigned the same UKFR number.

F20Article 9Standards for data exchange between the Commission and the Member States

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21Article 10Access to vessel data

(1.

 The Secretary of State must publish, in such manner as the Secretary of State sees fit, a limited version of the United Kingdom fishing fleet register which does not contain personal data.

(2.

The limited version of the register published under paragraph 1 must be updated at least once a month to update any event of which the Secretary of State is aware.

Article 11Personal data

The processing, management and use of data collected under this Regulation which contain personal data shall comply with F22data protection legislation.

Article 12Repeal

Regulation (EC) No 26/2004 is repealed.

F23Article 13Entry into force

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F24...

Done at Brussels, 6 February 2017.

For the Commission

The President

Jean-Claude Juncker

ANNEX IDefinition of data and description of a registration

Name of data

Definition and comments

Compulsory (C)/Compulsory if (CIF)/Optional (O)14

F26. . .

F26. . .

F26. . .

F27UKFR

F28Unique identification number of a fishing vessel in the United Kingdom fishing fleet register

C

UVI

Unique Vessel Identifier (IMO number) pursuant to Regulation (EU) No 404/2011

CIF

Event

Code13 identifying the type of event reported

C

Date of event8

Date on which event occurred

C

Registration number

The registration number F29...

O

External marking

Pursuant to Regulation (EU) No 404/2011

CIF

Name of vessel

F30The registered name of the fishing vessel

C

Place of registration

Code13 identifying the place (mainly a port) where the vessel is registered

CIF

IRCS

International radio call sign

CIF

IRCS indicator

Vessel with an international radio on board — code13

C

Licence indicator

Vessel with a fishing licence according to Article 6 of Regulation (EC) No 1224/2009 and Article 3 of Regulation (EU) No 404/2011 — code13

CIF

VMS indicator

Vessel Monitoring System — code13.

Vessel with a satellite monitoring system in accordance with Article 9 of Regulation (EC) No 1224/2009 and Articles 18-28 of Regulation (EU) No 404/2011

CIF

ERS indicator

Vessel with an Electronic Reporting (logbook) System in in accordance with Article 15 of Regulation (EC) No 1224/2009 and Articles 29 and following of Regulation (EU) No 404/2011 — code13

CIF

AIS indicator

Vessel with an Automatic Identification System in accordance with Article 10 of Regulation (EC) No 1224/2009 — code13

CIF

MMSI

Maritime Mobile Service Identity

O

Vessel Type

In accordance with the International Standard Statistical Classification of Fishery Vessels (ISSCFV) — code13

CIF

Main fishing gear9

In accordance with the International Standard Statistical Classification of Fishing Gear (ISSCFCG) — code13

C

Subsidiary fishing gear10

In accordance with the International Standard Statistical Classification of Fishing Gear (ISSCFCG) — code13

C

LOA

Length Over All in metres, defined in accordance with F31Regulation (EU) 2017/1130

CIF

LBP

Length Between Perpendiculars in metres, defined in accordance with F31Regulation (EU) 2017/1130

CIF

Tonnage GT

In GT, defined in accordance with F31Regulation (EU) 2017/1130

CIF

Other tonnage

In tonnes according to the Oslo Convention F32...

CIF

GTs

In GT, an increase in tonnage permitted on ground of safety (historical data).

CIF

Power of main engine

In kW, in accordance with F31Regulation (EU) 2017/1130

C

Power of auxiliary engine

In kW. Includes all installed engine power not included under the heading ‘Power of main engine’

C

Hull material

Material of the hull — code13

C

Date of entry into service

In accordance with F31Regulation (EU) 2017/1130

C

Segment

Code13

C

Country of importation/exportation

Code13

CIF

Type of export

Code13

CIF

Public aid

Code13

CIF

Date of construction

Date when the construction has started.

CIF

For contacts/legal owner11

Name

Natural person: name, first name

Legal person: name

CIF

Legal Person Indicator

‘Y’ for a legal person, ‘N’ for a natural person — code13

O

Street12

Street name and box

CIF

PO box12

Post-office box

O

City12

City name

O

Post code12

Post code

O

Country12

Country — code13

O

Phone number

International phone number

O

Fax number

International fax number

O

Email address

Email address

O

Nationality

Nationality of the contact — code13

O

IMO company identifier

IMO unique company and registered legal owner Identification number

O

For contacts/operator11

Name

Natural person: name, first name

Legal person: name

CIF

Legal Person Indicator

‘Y’ for a legal person, ‘N’ for a natural person — code13

O

Street12

Street name and box

CIF

PO box12

Post-office box

O

City12

City name

O

Post code12

Post code

O

Country12

Country — code13

O

Phone number

International phone number

O

Fax number

International fax number

O

Email address

Email address

O

Nationality

Nationality of the contact — code13

O

IMO company identifier

IMO unique company and registered legal owner Identification number

O

14

Detailed rules are available in the Vessel Implementation Document on the Master Data Register (MDR) of the Commission Fisheries website: http://ec.europa.eu/fisheries/cfp/control/codes/index_en.htm

13

Codes (or appropriate references) are listed on the Master Data Register (MDR) of the Commission Fisheries website: http://ec.europa.eu/fisheries/cfp/control/codes/index_en.htm

8

In the case of a fleet census, this is F251.1.1989. For all other types of event, the date of the official document recording the event must be notified.

9

Fishing gear considered to be the one most frequently used on board the vessel for a fishing period of a year or for a fishing campaign.

10

Up to five gears may be declared.

11

Up to five contacts may be registered.

12

The address based on the street, PO box, city, post code and country must be sufficiently clear for the fleet contact to be contacted.

F33ANNEX IIDate of census fixed by country

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