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Commission Implementing Decision (EU) 2023/2376 of 22 September 2023 amending Implementing Decision (EU) 2018/1986 establishing specific control and inspection programmes for certain fisheries

C/2023/6284

OJ L, 2023/2376, 2.10.2023, ELI: http://data.europa.eu/eli/dec_impl/2023/2376/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

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ELI: http://data.europa.eu/eli/dec_impl/2023/2376/oj

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Official Journal
of the European Union

Series L

2023/2376

2.10.2023

COMMISSION IMPLEMENTING DECISION (EU) 2023/2376

of 22 September 2023

amending Implementing Decision (EU) 2018/1986 establishing specific control and inspection programmes for certain fisheries

THE EUROPEAN COMMISSION,

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

Having regard to 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 (1), and in particular Article 95(1) and (2) thereof,

Whereas:

(1)

In accordance with Article 95 of Regulation (EC) No 1224/2009, the Commission, in concert with the Member States, adopted specific control and inspection programmes for specific fisheries and sea basins. These programmes have been implemented by Members States and through joint deployment plans, with the European Fisheries Control Agency (‘EFCA’) assuring operational coordination of inspection activities in this frame at regional level.

(2)

Given the level of fishing activities of the European Union fishing fleet in third-country waters of the North Sea and western waters of the North-East Atlantic, the geographical scope of the specific control and inspections programmes for both areas should include the monitoring of the fishing activities of the Union fishing fleet in third-country waters under bilateral agreements with Norway (2) and the United Kingdom (3) and, where agreed with the third country, inspection and surveillance of that Union fishing fleet.

(3)	Union fisheries in third-country waters covered by the specific control and inspection programmes in western waters of the North-East Atlantic and the North Sea should include fisheries exploiting stocks subject to quotas.

(4)	A specific control and inspection programmes should be established for the tropical tuna fisheries in the Indian Ocean in order to strengthen control of vessels flying the flag of certain Member States that operate in the purse seine fisheries in the Indian Ocean.

(5)

Given the expansion of the geographical scope of the programmes in western waters of the North-East Atlantic and the North Sea and the addition of a programme in the Indic Ocean, the risk assessment carried out in accordance with Article 5 of Commission Implementing Decision (EU) 2018/1986 (4) should include certain Union fisheries conducted under the auspices of the Indian Ocean Tuna Commission (IOTC), and in third country waters under bilateral agreements with Norway and the United Kingdom.

(6)

To improve the risk assessment for fishing vessels flying the flag of a Member State which is not a Member State concerned and for third country fishing vessels, unless the level of the risk is provided by the flag State, the risk should be determined by all Member States concerned in collaboration with EFCA.

(7)

In the western waters of the North-East Atlantic, in the North Sea, and in the Indian Ocean, in order to enhance cooperation between Union officials and inspectors, and officials and inspectors from third country, and allow effective follow-up of inspections conducted in international waters or waters of third countries, officials and inspectors from third countries concerned should be allowed to participate in joint inspection and surveillance activities.

(8)

Inspection and surveillance activities in third country waters need to comply with the agreements reached by the Union with the third-country concerned. The inspection benchmarks established for western waters of the North-East Atlantic and the North Sea should remain applicable for Union waters and Union ports.

(9)	Regulation (EU) 2019/473 of the European Parliament and of the Council (5) replaces Council Regulation (EC) No 768/2005 (6) which was codified. Some provisions in Implementing Decision (EU) 2018/1986 should be updated with the reference to provisions in Regulation (EU) 2019/473.

(10)	The measures provided for in this Decision are in accordance with the opinion of the Committee for fisheries and aquaculture,

HAS ADOPTED THIS DECISION:

Article 1

Implementing Decision (EU) 2018/1986 is amended as follows:

(1)

Article 1 is amended as follows:

(a)

paragraph 1 is amended as follows:

(i)

the following point (d) is inserted:

‘(d)	certain Union fisheries carried out in third country waters under the bilateral agreements on fisheries with Norway (1) and the United Kingdom (2) as indicated in the details on the specific control and inspection programmes set out in the Annexes IV and V;

(*1) Agreement on fisheries between the European Economic Community and the Kingdom of Norway (OJ L 226, 29.8.1980, p. 48)."

(*2) Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (OJ L 149, 30.4.2021, p. 10).’;"

(ii)	the terms ‘as set out in Annexes I to V’ are replaced by the terms ‘as set out in Annexes I to Va’;

(b)	paragraph 2 is replaced by the following: ‘2. The specific control and inspection programmes are set out in Annexes I to Va and shall be implemented by the Member States referred to in those Annexes (‘Member States concerned’).’ ;

(2)

Article 2 is amended as follows:

(a)

point (a) is replaced by the following:

‘(a)	fishing activities within the meaning of Article 4(1) of Regulation (EC) No 1224/2009 in the areas referred to in Annexes I to Va of this Decision (‘areas concerned’);’;

(b)

point (c) is replaced by the following:

‘(c)	importation and indirect importation as defined in Article 2(11) and Article 2(12) of Council Regulation (EC) No 1005/2008 (*3), for fisheries covered in Annexes I, IV, V and Va;

(*3) Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).’;"

(c)

point (d) is replaced by the following:

‘(d)	exportation and re-exportation as defined in Article 2(13) and Article 2(14) of Regulation (EC) No 1005/2008, for fisheries covered in Annexes I, IV, V and Va;’;

(3)

Article 3 is amended as follows:

(a)	paragraph 1 is replaced by the following: ‘1. The specific control and inspection programmes shall ensure a uniform and effective implementation of the conservation and control measures applicable to stocks and fisheries referred to in Annexes I to Va.’ ;

(b)

in paragraph 2, point (c) is replaced by the following:

‘(c)	the obligation to land all catches of species subject to the landing obligation pursuant to Regulation (EU) No 1380/2013;’;

(4)

Article 4 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1. The Member States concerned shall carry out control and inspection with respect to fishing activities and fishing related activities regarding the different stocks and area(s) referred to in Annexes I to Va to this Decision on the basis of risk management, in accordance with Article 5(4) of Regulation (EC) No 1224/2009 and Article 98 of Implementing Regulation (EU) No 404/2011.’

;

(b)	the following paragraph 3a is added: ‘3a. Additionally, each fishing and support vessel active in the fisheries listed in Annex Va shall be subject to control and inspections according to the level of priority attributed pursuant to Article 5(8).’ ;

(5)

Article 5 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1. The Member States concerned shall assess, at least once a year, risks with regard to the fisheries listed in Annexes I to Va 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. The risk assessment methodology shall consider the fishing activities of third country fishing vessels operating in Union waters and, where relevant, fishing activities of Union fishing vessels in international or third country waters under the auspices of Regional Fisheries Management Organisations or bilateral agreements.’

;

(b)

paragraph 3 is replaced by the following:

‘3. In the framework of a joint deployment plan established by EFCA in accordance with Regulation (EU) 2019/473 (*4) (‘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) Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency (codification) (OJ L 83, 25.3.2019, p. 18).’;"

(c)

paragraph 6 is replaced by the following:

‘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 Member States concerned in collaboration with EFCA, unless the flag State authorities provide, in the framework of Article 8 of this Decision, the level of that risk.’

;

(d)

the following paragraph 8 is added:

‘8. For the purposes of Annex Va, Member States shall carry out a joint risk assessment at individual vessel level, using all available and relevant information including, at a minimum, the following:

—	vessel compliance history,

—	missing mandatory catch registration documents,

—	results of the cross checks of catch registration data, including fishing logbooks, transhipment declarations, landing declarations, take-over declarations, sales notes, catch certificates, and VMS and AIS data.’

;

(6)

paragraph 1 of Article 7 is replaced by the following:

‘1. Without prejudice to the target benchmarks defined in point 4 of Annex I to Regulation (EC) No 1224/2009 and in Article 9(1) of Regulation (EC) No 1005/2008, the target benchmarks for inspections of fishing vessels are set out in point 4 respectively of Annexes I to Va to this Decision.’

;

(7)	in Article 8, the following paragraph 4 is added: ‘4. Inspection and surveillance activities of Union fisheries in third country waters and ports shall be subject to the framework agreed with the relevant third countries.’ ;

(8)

Article 9 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1. For the purpose of increasing the efficiency and effectiveness of their national fisheries control systems, the Member States concerned shall, where appropriate, undertake joint monitoring, inspection and surveillance activities on their territory and in waters under their jurisdiction and, where applicable, in international waters or waters of third countries. Without prejudice to Article 5(1) of Regulation (EC) No 1224/2009, where applicable, such activities shall be carried out in the framework of joint deployment plans as referred to in Article 10(1) of Regulation (EU) 2019/473. Such activities may include joint deployments with third countries.’

;

(b)	paragraph 3 is replaced by the following: ‘3. Officials of the Member States concerned, Union inspectors and, where relevant, officials and inspectors from third countries may participate in joint inspection and surveillance activities.’ ;

(9)

paragraph 1 of Article 10 is replaced by the following:

‘1. For the purpose of implementing the specific control and inspection programmes, each Member State concerned shall ensure the electronic exchange with other Member States concerned and EFCA of data related to fishing activities and fishing related activities covered by the specific control and inspection programmes. Where relevant, the data shall include fishing activities of third country fishing vessels operating in Union waters and of Union fishing vessels operating in international or third country waters under the auspices of RFMOs or bilateral agreements. The Commission shall have access to the data exchanged pursuant to this subparagraph, and where relevant, provide the data relating to fishing activities of third country vessels in Union waters.’

;

(10)	Article 11, paragraph 5, is replaced by the following: ‘5. EFCA, for its annual assessment of the effectiveness of joint deployment plans referred to in Article 15 of Regulation (EU) 2019/473, shall take into consideration the reports referred to in paragraph 1 of this Article.’ ;

(11)	Annexes IV and V are replaced by the text set out in Annex I to this Decision;

(12)	the text set out in Annex II to this Decision is inserted as Annex Va;

(13)	Annex VI is amended in accordance with Annex III to this Decision.

Article 2

This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 22 September 2023.

For the Commission

The President

Ursula VON DER LEYEN

(1) OJ L 343, 22.12.2009, p. 1.

(2) Agreement on fisheries between the European Economic Community and the Kingdom of Norway (OJ L 226, 29.8.1980, p. 48).

(3) Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (OJ L 149, 30.4.2021, p. 10).

(4) Commission Implementing Decision (EU) 2018/1986 of 13 December 2018 establishing specific control and inspection programmes for certain fisheries and repealing Implementing Decisions 2012/807/EU, 2013/328/EU, 2013/305/EU and 2014/156/EU (OJ L 317, 14.12.2018, p. 29)

(5) Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency (codification) (OJ L 83, 25.3.2019, p. 18).

(6) Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (OJ L 128, 21.5.2005, p. 1).

ANNEX I

‘ANNEX IV

DETAILS ON THE SPECIFIC CONTROL AND INSPECTION PROGRAMME FOR CERTAIN DEMERSAL AND PELAGIC FISHERIES IN THE NORTH SEA AND IN ICES DIVISION IIa

(1)

This specific control and inspection programme shall cover the geographical areas defined as follows:

“North Sea” where North Sea means ICES zones IIIa and IV, and United Kingdom waters of ICES division IIa, including third country waters in respect of Union fisheries under the bilateral fisheries agreements with Norway and the United Kingdom and subject to the framework agreed with these third countries for surveillance and inspection activities.

(2)

The Member States concerned are Belgium, Denmark, Germany, Ireland, France, the Netherlands and Sweden.

(3)

The following fisheries shall be considered:

—	Fisheries exploiting mackerel, herring, horse mackerel, blue whiting, greater silver smelt, sprat; sand eel and Norway pout; cod, haddock, whiting, saithe, Norway lobster, sole, plaice, hake, Northern prawn;

—	Fisheries exploiting European eel of the species Anguilla anguilla;

—	Fisheries exploiting species under the landing obligation pursuant to Article 15 of Regulation (EU) No 1380/2013;

—	In third country waters, fisheries exploiting stocks subject to quotas carried out by Union fishing vessels.

(4)

Target benchmarks for inspections in Union waters and Union ports

The following benchmarks shall be implemented by the Member States specified in point 2 of this Annex:

(a)

Inspections activities at sea;

On a yearly basis at least 60 % of total inspections at sea (excluding aerial surveillance) shall be conducted on fishing vessels belonging to the fleet segments in the two highest risk level categories identified according to Article 5(1) and 5(2) ensuring that both these fleet segments are adequately and proportionally covered.

(b)

Inspections at landing (inspections in ports and before first sale);

On a yearly basis at least 60 % of total inspections at landing shall be conducted on fishing vessels belonging to the fleet segments in the two highest risk level categories identified according to Article 5(1) and 5(2) ensuring that both these fleet segments are adequately and proportionally covered.

ANNEX V

DETAILS ON THE SPECIFIC CONTROL AND INSPECTION PROGRAMME FOR CERTAIN DEMERSAL AND PELAGIC FISHERIES IN WESTERN WATERS OF THE NORTH-EAST ATLANTIC

(1)

This specific control and inspection programme shall cover the geographical areas defined as follows:

Union waters and, in respect of Union fisheries under fisheries agreements with the United Kingdom, third country waters of the “Western waters of the North East Atlantic”, where Western waters of the North East Atlantic means: ICES zones V, VI, VII, VIII, IX and X (waters around Azores), and CECAF zones (1) 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands). Surveillance and inspection activities of Union fisheries in third country waters shall be subject to the framework agreed with the United Kingdom.

(2)

The Member States concerned are: Belgium, Denmark, Estonia, France, Germany, Ireland, Latvia, Lithuania, the Netherlands, Poland, Portugal and Spain.

(3)

The following fisheries shall be considered:

—	Fisheries exploiting stocks of mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, great silver smelt, sardine and sprat in Union waters of ICES sub-areas V, VI, VII, VIII and IX and in Union waters of CECAF 34.1.11;

—	Fisheries exploiting stocks of hake which inhabit the ICES division Vb (Union waters), VIa (Union waters), ICES subarea VII and ICES divisions VIII a, b, d, e (usually referred as Northern hake stock);

—	Fisheries exploiting stocks of hake which inhabit Divisions VIIIc and IXa, as delineated by the International Council for the Exploration of the Sea (usually referred as the Southern hake stock); the Norway lobster stock which inhabits ICES Division VIIIc and IXa;

—	Fisheries exploiting sole stocks in ICES Divisions VIIIa, VIIIb and VIIe;

—	Fisheries exploiting cod, sole, plaice in the Union waters of ICES zones VIa, VIIa and VIId;

—	Fisheries exploiting European eel of the species Anguilla anguilla in Union waters of ICES areas VI, VII, VIII and IX;

—	Fisheries exploiting species under the landing obligation pursuant to Article 15 of Regulation (EU) No 1380/2013.

—	In third country waters, fisheries exploiting stocks subject to quotas carried out by Union fishing vessels.

(4)

Target benchmarks for inspections in Union waters and Union ports

The following benchmarks shall be implemented by the Member States specified in point 2 of this Annex:

(a)

Inspections activities at sea;

(b)

Inspections at landing (inspections in ports and before first sale);

’

(1) CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (OJ L 87, 31.3.2009, p. 1).

ANNEX II

‘ANNEX Va

DETAILS ON THE SPECIFIC CONTROL AND INSPECTION PROGRAMME FOR CERTAIN TROPICAL TUNA FISHERIES UNDER THE AUSPICES OF THE INDIAN OCEAN TUNA COMMISSION

(1)

This specific control and inspection programme shall cover the geographical areas defined as follows:

“Indian Ocean” where “Indian Ocean” means the area defined in Article 3(2) of Regulation (EU) 2022/2343.

(2)

The Member States concerned are France, Spain and Italy.

(3)

The following fisheries shall be included:

—	Fisheries exploiting yellowfin tuna (Thunnus albacares), skipjack (Katsuwonus pelamis) and bigeye tuna (Thunnus obesus) carried out by Union purse seine fishing vessels, and their Union support vessels deploying fish aggregating devices.

(4)

Target benchmarks to be applied for port inspections of Union purse seiners and support vessels, shall be based on the methodology provided by Article 5(8) and the risk management strategy established according to Article 6(2), with a minimum, per calendar year of a total of 14 inspections of landings and transhipments by purse seine vessels and of support vessels. These 14 inspections shall comprise a minimum of 1 inspection of support vessels. To the extent possible, inspections should be carried out by teams of Union inspectors from at least 2 Member States concerned. Member States shall endeavour to contribute to these 14 port inspections in proportion to the number of their respective active flag vessels, with a minimum of 1 inspection per Member State concerned.

’

ANNEX III

Annex VI to Implementing Decision (EU) 2018/1986 is amended as follows:

(1)	under point I, the introductory phrase is replaced by the following: ‘The Member States concerned shall report the following information by sea basin according to Annexes I to Va:’;

(2)	under point II, the introductory phrase is replaced by the following: ‘The Member States concerned shall report the following information by sea basin according to Annexes I to Va.’.

ELI: http://data.europa.eu/eli/dec_impl/2023/2376/oj

ISSN 1977-0677 (electronic edition)

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