The EU’s fisheries control system

SUMMARY OF:

Regulation (EC) No 1224/2009 establishing a system for ensuring compliance with the common fisheries policy

WHAT IS THE AIM OF THE REGULATION?

It establishes a system for the control, inspection and enforcement by national authorities of the rules of the common fisheries policy (CFP).

KEY POINTS

The main objectives of the control system are to:
- ensure that only the permitted quantities of fish are caught;
- collect the necessary data for managing fishing opportunities;
- clarify the roles of EU countries and the European Commission;
- ensure the rules are applied to all fisheries in the same way and with harmonised sanctions throughout the EU;
- ensure that fisheries and aquaculture products can be traced back and checked throughout the supply chain, from net to plate.
It applies to:
- all fishing activities in EU waters;
- the fishing activities of EU vessels and EU citizens in EU and non-EU waters;
- the processing and marketing of fishery products;
- recreational fishing for species of fish subject to recovery plans.

Control and monitoring

EU countries must carry out inspections throughout the whole production chain, in particular during:
- fishing;
- landing;
- processing;
- transport;
- marketing.
The monitoring and collection of data is based on different sources and new technologies such as:
- the satellite-based vessel monitoring system (VMS);
- electronic logbooks;
- a systematic catch weighing system;
- a system to trace fishery products from vessel to retailer.

Inspection powers

EU countries are responsible for controlling and enforcing the CFP. However, the Commission can carry out its own independent inspections, including taking part in national inspections, to check whether national authorities are implementing the rules correctly, and carrying out audits of the national fisheries control system of EU countries.

Sanctions

EU countries must take appropriate administrative actions such as sanctions or criminal proceedings in case of infringement of the rules. In case of serious infringements, EU countries must also apply a system of penalty points for the holders of fishing permits and for masters of fishing vessels. The accumulation of points can lead to suspension and ultimately to withdrawal of the permit for several serious offences.
EU countries can also face sanctions for not enforcing CFP rules correctly including:
- the withholding of aid from the EU Maritime and Fisheries Fund;
- the closing of a fishery until the situation is resolved;
- a reduction in quotas (in the case of overfishing).
If an EU country does not take adequate action to resolve the problem, the Commission can take them to the Court of Justice of the European Union.

Data collection

EU countries are required to have a secure database of all information collected in carrying out their responsibilities under the regulation. The Commission must be able to access the database directly from any location. EU countries must also establish an official website of the data they collect, composed of secure and publicly accessible parts.
The regulation also establishes a system of mutual assistance and information exchange between EU countries.

Coordination

To encourage closer collaboration and the exchange of best practice, the European Fisheries Control Agency organises joint control campaigns involving inspectors from different EU countries.

Rules for specific control and inspection programmes for certain fisheries

In December 2018, the Commission adopted Implementing Decision (EU) 2018/1986, an implementing act which sets out specific control and inspection programmes (SCIPs) for certain fisheries and repeals Implementing Decisions 2012/807/EU, 2013/328/EU, 2013/305/EU and 2014/156/EU. The implementing decision lays down rules for specific control and inspection programmes for certain fisheries, such as:
- fisheries exploiting stocks or species covered by multiannual plans (as specified in Regulation (EU) No 1380/2013 on the common fisheries policy);
- fisheries exploiting species under the landing obligation (Regulation (EU) No 1380/2013) and
- fisheries exploiting stocks or species subject to conservation and management measures adopted by regional fisheries management organisations, including the General Fisheries Commission for the Mediterranean (GFCM).

The rules cover aspects such as:
- the scope and objectives of programmes;
- procedures for risk assessment and relation with joint deployment plans;
- national and regional risk management strategies;
- target benchmarks;
- cooperation with other EU and non-EU countries;
- joint inspections and surveillance activities;
- exchange of data; and
- information and evaluation.
In September 2020, the Commission adopted Implementing Decision (EU) 2020/1320 amending Implementing Decision (EU) 2018/1986. This amendment was necessary to align the SCIPs with the EU fisheries conservation, management measures, notably Regulation (EU) 2019/1022. This required the SCIP for the Mediterranean Sea and the Black Sea to be extended to certain additional stocks and fisheries. Implementing Decision (EU) 2020/1320 also reflects recently adopted GFCM recommendations:
- Recommendation GFCM/43/2019/2 on a multiannual management plan for sustainable exploitation blackspot seabream in the Alboran Sea (geographical subareas 1 to 3);
- Recommendation GFCM/43/2019/5 on a multiannual management plan for sustainable demersal fisheries in the Adriatic Sea (geographical subareas 17 and 18);
- Recommendation GFCM/43/2019/6 on management measures for sustainable trawl fisheries targeting giant red shrimp and blue and red shrimp in the Strait of Sicily (geographical subareas 12, 13, 14, 15 and 16);
- Recommendation GFCM/43/2019/4 on a management plan for the sustainable exploitation of red coral in the Mediterranean Sea; and
- Recommendation GFCM/43/2019/1 on a set of management measures for the use of anchored fish aggregating devices in common dolphinfish fisheries in the Mediterranean Sea.

FROM WHEN DOES THE REGULATION APPLY?

The regulation has applied since 1 January 2010.

BACKGROUND

For further information, see:

The EU’s fisheries control system (European Commission).

MAIN DOCUMENT

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, pp. 1-50)

Successive amendments to Council Regulation (EC) No 1224/2009 have been incorporated into the original document. This consolidated version is of documentary value only.