This document is an excerpt from the EUR-Lex website
Document 02009R1224-20260110
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union 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
Consolidated text: Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union 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
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union 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
02009R1224 — EN — 10.01.2026 — 011.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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REGULATION (EU) No 1379/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 December 2013 |
L 354 |
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28.12.2013 |
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REGULATION (EU) No 1380/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 December 2013 |
L 354 |
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28.12.2013 |
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L 354 |
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28.12.2013 |
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REGULATION (EU) No 508/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 May 2014 |
L 149 |
1 |
20.5.2014 |
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REGULATION (EU) 2015/812 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 May 2015 |
L 133 |
1 |
29.5.2015 |
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REGULATION (EU) 2019/473 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 March 2019 |
L 83 |
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25.3.2019 |
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REGULATION (EU) 2019/1241 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 |
L 198 |
105 |
25.7.2019 |
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REGULATION (EU) 2023/2842 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 November 2023 |
L 2842 |
1 |
20.12.2023 |
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REGULATION (EU) 2024/2594 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 18 September 2024 |
L 2594 |
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8.10.2024 |
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Corrected by:
COUNCIL REGULATION (EC) No 1224/2009
of 20 November 2009
establishing a ►M5 ►C2 Union ◄ ◄ 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
TITLE I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation establishes a ►M5 Union ◄ system for control, inspection and enforcement (hereinafter referred to as ►M5 Union ◄ control system) to ensure compliance with the rules of the common fisheries policy.
Article 2
Scope
Article 2a
Application of the Union control system to certain segments of the fleet of Mayotte as an outermost region
By 30 September 2014, France shall establish a simplified and provisional scheme of control applicable to fishing vessels which are less than 10 metres in overall length and which operate from Mayotte. That scheme shall address the following issues:
knowledge of fishing capacity;
access to Mayotte waters;
implementation of declaration obligations;
designation of the authorities responsible for the control activities;
measures ensuring that any enforcement on vessels longer than 10 metres length is carried out on a non-discriminatory basis.
By 30 September 2020, France shall present to the Commission an action plan setting out the measures to be taken in order to ensure the full implementation of Regulation (EC) No 1224/2009 from 1 January 2022 concerning fishing vessels which are less than 10 metres in overall length and which operate from Mayotte. That action plan shall be the subject of a dialogue between France and the Commission. France shall take all necessary measures to implement that action plan.
Article 3
Relationship with international and national provisions
Article 4
Definitions
For the purposes of this Regulation, the definitions set out in Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ( 1 ) and Article 5 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council ( 2 ) shall apply, unless otherwise provided for in this Regulation. The following definitions shall also apply:
‘fishing activity’ means searching for fish, shooting, setting, towing, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fisheries products;
‘fishing operation’ means any activity in connection with searching for fish, the shooting, towing and hauling of active gear, the setting, soaking, removing or resetting of passive gear and the removal of any catch from the gear and keep nets, or from a transport cage to fattening and farming cages;
‘rules of the common fisheries policy’ means legally binding Union acts and applicable international obligations of the Union relating to the conservation, management and exploitation of marine biological resources, to aquaculture, and to processing, transport and marketing of fishery and aquaculture products;
‘control’ means monitoring and surveillance;
‘inspection’ means any check which is carried out by officials regarding compliance with the rules of the common fisheries policy and which is noted in an inspection report;
‘surveillance’ means the observation of fishing activities on the basis of sightings by inspection vessels, official aircraft, official remotely piloted aircraft systems (RPAS), vehicles or other means, including technical detection and identification methods;
‘official’ means any person authorised by a competent authority of a Member State, the Commission or the European Fisheries Control Agency (EFCA), established under Regulation (EU) 2019/473 of the European Parliament and of the Council ( 3 ), to carry out control or inspections;
‘Union inspector’ means an official of a Member State, of the Commission or of EFCA, whose name is contained in the list established in accordance with Article 79;
‘control observer’ means a person authorised by a national authority to observe the implementation of the rules of the common fisheries policy;
‘fishing licence’ means an official document conferring on its holder the right, as determined by national rules, to use a certain fishing capacity for the commercial exploitation of marine biological resources;
‘fishing authorisation’ means an authorisation issued in respect of a Union fishing vessel, where relevant in addition to its fishing licence, entitling it to carry out specific fishing activities during a specified period, in a given area or for a given fishery under specific conditions;
‘automatic identification system’ means an autonomous and continuous vessel identification and monitoring system which provides means for ships to electronically exchange with other nearby ships and authorities ashore ship data including identification, position, course and speed;
‘vessel position data’ means data on the fishing vessel identification, geographical position, date, time, course and speed transmitted by tracking devices on board fishing vessels to the fisheries monitoring centre of the flag Member State;
‘vessel detection system’ means a satellite based remote sensing technology which can identify vessels and detect their positions at sea;
‘fishing restricted area’ means a specific geographically defined marine area within one or more sea basins where all or certain fishing activities are temporarily or permanently restricted or prohibited in order to improve the conservation of marine biological resources or the protection of marine ecosystems under the rules of the common fisheries policy;
‘fisheries monitoring centre’ means an operational centre established by a flag Member State and equipped with computer hardware and software enabling automatic data reception, processing, analysis, control, monitoring and electronic data transmission;
‘landing site’ means a location, other than a maritime port as defined in Article 2, point (16), of Regulation (EU) 2017/352 of the European Parliament and of the Council ( 4 ), which is officially recognised by a Member State for landing;
‘transhipment’ means the unloading of all or any fisheries or aquaculture products on board a vessel to another vessel;
‘risk’ means the likelihood of an event that may occur and would constitute a violation of the rules of the common fisheries policy;
‘risk management’ means the systematic identification of risks and the implementation of all measures necessary for limiting the occurrence of these risks. This includes activities such as collecting data and information, analysing and assessing risks, preparing and taking action, and regular monitoring and review of the process and its outcomes, based on international, ►M5 Union ◄ and national sources and strategies;
‘operator’ means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products;
‘lot’ means a batch of units of fishery or aquaculture products;
‘processing’ means the process by which the presentation was prepared. It includes cutting, filleting, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fish for market in any other manner;
‘landing’ means the first unloading of any quantity of fishery products from on board a fishing vessel to land;
▼M8 —————
‘multiannual plan’ means a plan as referred to in Articles 9 and 10 of Regulation (EU) No 1380/2013, or another Union measure adopted on the basis of Article 43(2) TFEU providing for specific management or recovery of particular fish stocks and covering a period of more than one year;
‘coastal State’ means the State in the waters under the sovereignty or jurisdiction or in the ports of which an activity takes place;
‘enforcement’ means any actions taken to ensure compliance with the rules of the common fisheries policy;
‘certified engine power’ means the maximum continuous engine power which can be obtained at the output flange of an engine according to the certificate issued by the Member State’s authorities or classification societies or other operators assigned by them;
‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources for recreation, tourism or sport;
‘relocation’ means fishing operations where the catch or part thereof is transferred or moved from shared fishing gear to a vessel or from a fishing vessel’s hold or its fishing gear to a keep net, container or cage outside the vessel in which the live catch is kept until landing;
‘relevant geographical area’ means a sea area that is considered as a unit for the purposes of geographical classification in fisheries expressed by reference to a FAO sub-area, division or sub-division, or where applicable an ICES statistical rectangle, fishing effort zone, economic zone or area bounded by geographical coordinates;
‘fishing vessel’ means a catching vessel or any other vessel used for commercial exploitation of marine biological resources, including support vessels, fish processing vessels, vessels engaged in transhipment, towing vessels, auxiliary vessels and carrier vessels used for the transportation of fishery products, but excluding container vessels and vessels used exclusively for aquaculture;
‘fishing opportunity’ means a quantified legal entitlement to fish, expressed in terms of catches and/or fishing effort;
‘catching vessel’ means a vessel equipped or used for the capture of marine biological resources for commercial purposes;
‘slipping’ means the practice of intentionally releasing fish from fishing gear before that gear is fully brought on board a catching vessel;
‘fishing trip’ means any voyage of a catching vessel which starts at the moment when the vessel leaves a port and ends on arrival in port;
‘unique fishing trip identification number’ means the specific number generated by the electronic fishing logbook for each fishing trip;
‘sensitive species’ means a sensitive species as defined in Article 6, point (8), of Regulation (EU) 2019/1241 of the European Parliament and of the Council ( 5 );
‘fishing without a vessel’ means an activity for the commercial exploitation of marine biological resources where those resources are caught or harvested without the use of a catching vessel, such as gathering of shellfish, underwater fishing, ice fishing and fishing from the shore, including fishing on foot;
‘unique fishing day identification number’ means the specific number generated for any continuous period of 24 hours or part thereof during which fishing without a vessel takes place.
TITLE II
GENERAL PRINCIPLES
Article 5
General principles
▼M8 —————
TITLE III
GENERAL CONDITIONS FOR ACCESS TO WATEŘS AND RESOURCES
Article 6
Fishing licence
Article 7
Fishing authorisation for Union catching vessels
A Union catching vessel shall be authorised to carry out specific fishing activities only insofar as they are indicated in a valid fishing authorisation, when the fisheries or fishing zones where the fishing activities are authorised, or the vessel, are subject to:
a fishing effort regime;
a multiannual plan;
a fishing restricted area;
fishing for scientific purposes;
the obligation to use a remote electronic monitoring (REM) system, including CCTV; or
other cases laid down in Union legislation.
Without prejudice to the Union’s international obligations, a Member State may exempt Union catching vessels of less than 10 metres in length overall from the obligation to have a fishing authorisation if they carry out fishing activities exclusively in one or both of the following areas:
in its territorial waters;
in the territorial waters of another Member State which has exempted vessels flying its flag and carrying out fishing activities in the same fishery from the obligation to have a fishing authorisation.
Any Member State that decides to apply the exception referred to in the first subparagraph shall inform the Commission and other Member States concerned thereof within 10 working days from its decision.
Article 7a
Fishing authorisation for Union fishing vessels other than catching vessels
Article 8
Marking and identification of Union fishing vessels and gear
The Commission may, by means of implementing acts, lay down detailed rules on:
marking and identification of vessels;
vessel identification documents to be carried on board;
marking and identification of craft and fishing aggregating devices;
marking and identification of fishing gear;
labels for the marking of fishing gear;
marking of buoys and setting of cords;
procedures for the notification and return to port of the end-of-life fishing gear.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Article 9
Vessel monitoring systems
The vessel monitoring systems shall also allow the fisheries monitoring centre of the flag Member State referred to in Article 9a to poll a fishing vessel at all times. The transmission of vessel position data and the polling shall either pass through a satellite connection or, where possible, a land-based mobile network or other equivalent technology.
The vessel monitoring system shall allow the fisheries monitoring centre of the flag Member State referred to in Article 9a to poll the position of the fishing vessel through a satellite connection or, where possible, any other network. In the event that the device referred to in this paragraph is not within reach of a network, the vessel position data shall be recorded during that period of time and shall be transmitted automatically as soon as the vessel is in reach of such network. Connection with the network shall be re-established at the latest before entering a port or landing site.
Without prejudice to obligations under other Union legal acts, a Member State may exempt, until 31 December 2029, fishing vessels of less than 9 metres in length overall flying its flag from the requirement to be fitted with a vessel monitoring system if such vessels:
operate exclusively:
in the waters under the sovereignty or jurisdiction of that Member State up to six nautical miles from the baselines from which the breadth of the territorial sea is measured and use only passive gear; or
in the waters on the landward side of the baselines of that Member State;
never spend more than 24 hours at sea from the time of departure from port to the return to port; and
are not subject to restrictions applicable in any fishing restricted area in which they operate.
The Commission shall, by means of implementing acts, lay down detailed rules on:
the format and content of vessel position data;
the minimum requirements and minimum technical specifications of vessel monitoring devices;
the frequency of transmission of the data concerning the position and movement of fishing vessels, including in fishing restricted areas;
the transmission of data to coastal Member States;
the responsibilities of the masters of fishing vessels concerning the operation of vessel monitoring devices.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Article 9a
Fisheries monitoring centres
The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by adopting detailed rules on monitoring of fishing activities and fishing effort by the fisheries monitoring centres, in particular relating to:
the monitoring of entry into and exit from specific areas;
the monitoring and recording of fishing activities;
the rules applicable in the event of a technical or communication failure or non-functioning of the vessel monitoring device;
measures to be taken in the event of non-receipt of data concerning the position and movement of fishing vessels.
Article 10
Automatic identification systems
Article 11
Vessel detection system
Where Member States have clear evidence of a cost benefit in relation to the traditional control means in the detection of fishing vessels, they shall use a vessel detection system allowing them to match the positions derived by remotely sensed images sent to earth by satellites or other equivalent systems with the data received by vessel monitoring system or automatic identification system, in order to assess the presence of fishing vessels in the area. Member States shall ensure that their fisheries monitoring centres possess the technical capacity to use a vessel detection system.
Article 12
Transmission of data for surveillance operations
For the purposes of maritime safety and security, border control, protection of the marine environment and general law enforcement, data from the vessel monitoring system(s) and the vessel detection system collected in the framework of this Regulation shall be made available to the Commission, Union agencies and competent authorities of the Member States engaged in surveillance operations.
Article 13
New technologies
TITLE IV
CONTROL OF FISHERIES
CHAPTER I
Control of the use of fishing opportunities
Section 1
General provisions
Article 14
Completion of the fishing logbook
The fishing logbook referred to in paragraph 1 shall contain at least the following information:
the unique fishing trip identification number;
the common fleet register (CFR) number or, where that number is not available, another vessel identification number and the name of the catching vessel;
the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken;
the date and, for vessels of 12 metres in length overall or more, the time of catches;
the date and time of departure from, and of arrival to, port;
the type of fishing gear, its technical specifications and dimensions;
the estimated quantities in kilograms live weight or, where appropriate, the number of individuals, of each species retained on board, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size. For Union catching vessels of 12 metres in length overall or more, this information shall be provided per fishing operation;
estimated quantities of each species discarded in kilograms live weight or, where appropriate, in number of individuals;
where applicable, the conversion factor(s) used;
data required in application of fisheries agreements referred to in Article 3(1).
For species retained on board the quantity of which does not exceed 100 kg of live-weight equivalent, the permitted margin of tolerance shall be 20 % per each species.
By way of derogation from paragraph 3, in the case of fisheries referred to in Article 15(1), point (a), first and third indents, of Regulation (EU) No 1380/2013 for species which are landed unsorted, and in the case of tropical tuna purse seine fisheries for species which are landed unsorted, the following margins of tolerance shall apply:
in the case of landings in listed ports and subject to additional conditions concerning the landing and the weighing of catches in order to ensure accurate catch reporting:
for species representing 2 % or more in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % of the total quantity of all species recorded in the fishing logbook, per each species;
for species that represent less than 2 % in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 200 kg or 0,5 % of the total quantity of all species recorded in the fishing logbook, per each species, whichever is greater.
In addition to the provisions set out in points (i) and (ii), in any event, for the total quantity of all species, the permitted margin of tolerance in estimates recorded in the fishing logbook of the total quantity in kilograms of fish retained on board shall be 10 % of the total quantity of all species recorded in the fishing logbook.
The conditions concerning landing and weighing shall include safeguards allowing for the accurate reporting of the catches, such as the involvement of accredited independent third parties or specific requirements for the sampling and weighing operations. Those conditions shall provide for the necessary control by, and cooperation with, the relevant competent authorities of the country concerned;
in the case of landings other than those referred to in point (a):
for species representing 2 % or more in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % per each species;
for species that represent less than 2 % in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 200 kg or 20 % per each species recorded in the fishing logbook, whichever is greater.
The Commission shall, by means of implementing acts, approve the ports which comply with the conditions set out in accordance with this Article and on the basis of submissions by the Member States. The initial list of ports shall be adopted by 10 July 2024. The Commission may amend the list and may revoke its approval of a listed port in the event that the conditions are no longer met.
In the case of fishing gear lost at sea, the fishing logbook shall also contain the following information:
the type and approximate dimensions of the lost gear;
the date and estimated time when the gear was lost;
the position where the gear was lost;
the measures undertaken to retrieve the lost gear.
In fisheries subject to a Union fishing effort regime, masters of Union catching vessels shall in their fishing logbooks record and account for the time spent in an area as follows:
with regard to towed gear:
entry into, and exit from, the port located in that area;
each entry into, and exit from, maritime areas where specific rules on access to waters and resources apply;
the catch retained on board by species in kilograms live weight at the time of exit from that area or before entry into a port located in that area;
with regard to static gear:
entry into, and exit from, the port located in that area;
each entry into, and exit from, maritime areas where specific rules on access to waters and resources apply;
the date and time of setting or resetting of the static gear in these areas;
the date and time of the completion of fishing operations using the static gear;
the catch retained on board by species in kilograms live weight at the time of exit from that area or before entry into a port located in that area.
The Commission may, by means of implementing acts, establish conversion factors and lay down detailed rules on:
the implementation of the margin of tolerance as defined in paragraphs 3 and 4;
the use of conversion factors.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Article 15
Electronic submission of the fishing logbook
Masters of Union catching vessels shall submit by electronic means the information referred to in Article 14 to the competent authority of their flag Member State:
at least once a day;
after the last fishing operation and before entering a port or a landing site.
Article 15a
Electronic fishing logbook and other systems for vessels of less than 12 metres in length overall
For the purposes of Articles 14 and 15, for catching vessels of less than 12 metres in length overall Member States may use a system for fishing logbooks developed at national or Union level. If one or more Member States so request by 10 May 2024, the Commission shall develop such a system for catching vessels of less than 12 metres in length overall. If one or more Member States so request, the system developed by the Commission shall be such as to allow the operators concerned to also fulfil their obligations under Articles 9, 19a, 20, 21, 22, 23 and 24. A requesting Member State shall implement the system as developed by the Commission.
Article 15b
Delegated and implementing acts concerning fishing logbook requirements
The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation concerning:
the rules applicable in the event of technical or communication failure or non-functioning of electronic recording and reporting systems for fishing logbook data;
measures to be taken in the event of non-receipt of fishing logbook data;
the access to fishing logbook data and measures to be taken in the event of data access failure;
the exemption of certain categories of Union catching vessels from the obligations laid down in Article 14(2), points (d) and (g), to record in the fishing logbook the time of the catches and the estimated quantities per fishing operation.
The Commission shall, by means of implementing acts, lay down detailed rules on:
the format, content and procedure for submission of the fishing logbook;
the completion and electronic recording of information in the fishing logbook;
the functioning of the electronic recording and reporting system for fishing logbook data;
the requirements for the transmission of fishing logbook data from a Union catching vessel to the competent authorities of its flag State and return messages from the authorities;
the tasks of the single authority referred to in Article 5(5) with regard to the fishing logbook;
the frequency of fishing logbook data submissions.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Article 16
Fishing vessels not subject to fishing logbook requirements
Article 17
Prior notification
Without prejudice to specific provisions contained in multiannual plans, masters of Union fishing vessels of 12 metres in length overall or more shall submit by electronic means to the competent authorities of their flag Member State at least four hours before the estimated time of arrival at a port or landing site of a Member State the following information:
the unique fishing trip identification number and, in the case of vessels other than catching vessels, the unique fishing trip identification number(s) related to the catches;
the CFR number or, where that number is not available, another vessel identification number and the name of the fishing vessel;
the port or landing site of destination and the purposes of the call, such as landing, transhipment or access to services;
the dates of the fishing trip;
the estimated date and time of arrival at port or landing site;
the FAO alpha-3 code of each species and the relevant geographical areas in which the catches were taken;
the quantities of each species recorded in the fishing logbook, including, as a separate entry, those below the applicable minimum conservation reference size;
the quantities of each species to be landed or transhipped, including, as a separate entry, those below the applicable minimum conservation reference size.
The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by:
exempting certain categories of Union fishing vessels from the obligation set out in paragraph 1, taking into account the quantities and type of fishery products to be landed and the risk of non-compliance with the rules of the common fisheries policy;
adopting rules to be applied in the event of technical or communication failure or non-functioning of electronic recording and reporting systems for prior notification;
adopting measures to be taken in the event of non-receipt of prior notification data;
adopting rules on the access to prior notification data and measures to be taken in the event of data access failure.
▼M8 —————
Article 19
Authorisation to enter port
The competent authorities of the coastal Member State may deny access to port to fishing vessels if the information referred to in Article 17 is not complete, except in cases of force majeure or distress.
Article 19a
Prior notification of landing in third-country ports
Masters of Union fishing vessels shall submit to the flag Member State in particular the following information:
the unique fishing trip identification number and, in the case of fishing vessels other than catching vessels, the unique fishing trip identification number(s) related to the catches;
the CFR number or, where that number is not available, another vessel identification number and the name of the fishing vessel;
the port of destination and the purposes of the call, such as landing or access to services;
the dates of the fishing trip;
the estimated date and time of arrival at port;
the FAO alpha-3 code of each species and the relevant geographical areas in which the catches were taken;
the quantities in kilograms live weight or, where appropriate, in number of individuals of each species recorded in the fishing logbook or transhipment declaration, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size;
the quantities, in kilograms live weight or, where appropriate, in number of individuals of each species to be landed, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size.
Article 20
Transhipment operations
In order to apply for an authorisation to tranship under paragraph 2a, masters of donor and receiving Union fishing vessels shall submit electronically to their flag Member State, at least 48 hours before the planned transhipment operation, the following information:
the unique fishing trip identification number(s) and, in the case of fishing vessels other than catching vessels, the unique fishing trip identification number(s) related to the catches;
the CFR number or, where that number is not available, another vessel identification number(s) and the name of both the donor and the receiving fishing vessels;
the FAO alpha-3 code of each species to be transhipped and the relevant geographical area(s) in which the catches were taken;
the estimated quantities of each species to be transhipped in kilograms in product weight and in live weight, broken down by type of product presentation and state of processing;
the port of destination of the receiving fishing vessel;
the date and time of the planned transhipment;
the geographical position or the specific name of the port in which the transhipment operation is planned.
Article 21
Completion of the transhipment declaration
The transhipment declaration referred to in paragraph 1 shall contain at least the following information:
the unique fishing trip identification number(s) and, in the case of fishing vessels other than catching vessels, the unique fishing trip identification number(s) related to the catches;
the CFR number or, where that number is not available, another vessel identification number(s) and the name of both the donor and the receiving fishing vessels;
the FAO alpha-3 code of each transhipped species and the relevant geographical area(s) in which the catches were taken;
the estimated quantities of each transhipped species in kilograms in product weight and in live weight, broken down by type of product presentation and state of processing, or, where appropriate, the number of individuals, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size;
the port or landing site of destination of the receiving fishing vessel and estimated date and time of arrival;
date and time of transhipment;
the geographical area or the designated port of transhipment;
the conversion factor(s) used.
Article 22
Electronic transmission of transhipment declaration data
The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by:
laying down the rules to be applied in the event of technical or communication failure or non-functioning of electronic recording and reporting systems for transhipment data;
adopting measures to be taken in the event of non-receipt of transhipment data;
adopting rules on the access to transhipment data and measures to be taken in the event of data access failure.
The Commission may, by means of implementing acts, lay down detailed rules on:
the format and procedure for submission of the transhipment declaration;
the completion and electronic recording of the transhipment declaration data;
the functioning of the electronic recording and reporting system for transhipment data;
the requirements for the transmission of transhipment data from a Union fishing vessel to the competent authorities of its flag Member State and return messages from the authorities of the flag Member State.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Article 23
Completion of the landing declaration
The landing declaration referred to in paragraph 1 shall contain at least the following information:
the unique fishing trip identification number;
the CFR number or, where that number is not available, another vessel identification number, and the name of the fishing vessel;
the FAO alpha-3 code of each species landed and the relevant geographical area in which the catches were taken;
the quantities of each species landed in kilograms of product weighed in accordance with Article 60 and in live weight, broken down by type of product presentation and state of processing, or, where appropriate, in number of individuals, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size;
the port of landing or landing site;
date and time of the completion of the landing or, in the event that the landing takes longer than 24 hours, the date and time of the start and of the completion of the landing;
date and time of the completion of the weighing or, in the event that the weighing takes longer than 24 hours, the date and time of the start and of the completion of the weighing;
the name or an identification number of the operator referred to in Article 60(5);
the conversion factors used.
Article 24
Electronic transmission of landing declaration data
The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by:
laying down detailed rules on derogations concerning the submission of the landing declaration;
laying down the rules to be applied in the event of technical or communication failure or non-functioning of electronic recording and reporting systems for landing declaration data;
adopting measures to be taken in the event of non-receipt of landing declaration data;
adopting rules on the access to landing declaration data and measures to be taken in the event of data access failure.
The Commission may, by means of implementing acts, lay down detailed rules on:
the format and procedure for submission of the landing declaration;
the completion and digital recording of landing declaration data;
the functioning of the electronic recording and reporting systems for landing declaration data;
the requirements for the transmission of landing declaration data from a Union fishing vessel to the competent authorities of its flag State and return messages from the authorities.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Article 25
Vessels not subject to landing declaration requirements
Section 2
Control of fishing effort
Article 26
Monitoring of fishing effort
Article 27
Notification of fishing gear
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Article 29
Exemptions
Article 30
Exhaustion of fishing effort
Without prejudice to Articles 29 and 31, in a geographical area where fishing gears are subject to a fishing effort regime a ►M8 Union catching vessel ◄ carrying on board such fishing gear or gears shall remain in port or out of that geographical area for the remainder of a period in which such fishing effort regime applies if:
it has exhausted the share of the maximum allowable fishing effort related to such geographical area and to such fishing gear or gears that has been assigned to it; or
the maximum allowable fishing effort related to such geographical area and to such fishing gear or gears available to its flag Member State has been exhausted.
Without prejudice to Article 29, in a geographical area where a fishery is subject to a fishing effort regime, a ►M8 Union catching vessel ◄ shall not operate in that fishery in that area if:
it has exhausted the share of the maximum allowable fishing effort related to that geographical area and to that fishery that has been assigned to it; or
the maximum allowable fishing effort related to that geographical area and to that fishery available to its flag Member State has been exhausted.
Article 31
Catching vessels exempted from the application of a fishing effort regime
This Section shall not apply to Union catching vessels to the extent that they are exempted from the application of a fishing effort regime.
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Section 3
Recording and exchange of data by Member States
Article 33
Recording of catches and fishing effort
Before the 15th day of each month, each flag Member State or, in the case of fishing without a vessel, each coastal Member State shall submit by electronic means to the Commission or the body designated by it, the aggregated data on:
the quantities of each species, if applicable by stock or group of stocks, caught and kept on board, and the quantities of each species discarded, in live-weight equivalent, during the preceding month, including, as a separate entry, those below the applicable minimum conservation reference size;
the fishing effort deployed during the preceding month for each fishing area subject to a fishing effort regime or, where appropriate, for each fishery subject to a fishing effort regime;
the quantities of each species, if applicable by stock or group of stocks, caught in the case of fishing without a vessel, and the quantities of each species discarded, in live-weight equivalent, during the preceding month, including, as a separate entry, those below the applicable minimum conservation reference size.
Article 34
Data on exhaustion of fishing opportunities
The Commission may request a Member State to submit more detailed information than that provided for in Article 33 where 80 % of a quota for a stock or a group of stocks is deemed to be exhausted, or where 80 % of the maximum allowable fishing effort for a fishing gear or a specific fishery and a corresponding geographical area is deemed to have been reached.
Section 4
Closure of fisheries
Article 35
Closure of fisheries by Member States
Each Member State shall establish the date from which:
the catches of a stock or a group of stocks subject to the quota of the Member State is to be deemed to have exhausted that quota;
the maximum allowable fishing effort for a fishing gear or a fishery and a corresponding geographical area is to be deemed to have been reached.
Article 36
Closure of fisheries by the Commission
Article 37
Corrective measures
If the prejudice suffered by the Member State for which fishing operations have been prohibited before its fishing opportunities were exhausted has not been removed, the Commission shall, by means of implementing acts, adopt measures with the aim of remedying, in an appropriate manner, the prejudice caused. Those implementing acts shall, in particular, lay down:
the notification of a prejudice suffered;
the identification of the Member States which suffered prejudice and the amount of the prejudice;
the identification of the Member States which have overfished, and the quantities of fish caught in excess;
the deductions to be made from the fishing opportunities of Member States which have overfished, in proportion to the exceeded fishing opportunities;
the additions to be made to the fishing opportunities of the prejudiced Member States in proportion to the prejudice suffered;
the dates on which the additions and deductions shall take effect.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
CHAPTER II
Control of fishing capacity
Section 1
Fishing capacity
Article 38
Fishing capacity
Member States shall be responsible for carrying out the necessary checks in order to ensure that the total capacity corresponding to the fishing licences issued by a Member State, in GT and in kW, shall at any moment not be higher than the maximum capacity levels for that Member State established in accordance with:
Article 13 of Regulation (EC) No 2371/2002;
Regulation (EC) No 639/2004;
Regulation (EC) No 1438/2003; and
Regulation (EC) No 2104/2004.
Detailed rules for the application of this Article, and in particular regarding:
registration of fishing vessels;
verification of the engine power of fishing vessels;
verification of the tonnage of fishing vessels;
verification of the type, number and characteristics of the fishing gear;
may be adopted in accordance with the procedure referred to in Article 119.
Section 2
Engine power
Article 39
Monitoring of engine power
Article 40
Certification of engine power
Article 41
Verification of engine power
Member States shall undertake, following a risk analysis, data verification, established on a sampling plan based on the methodology adopted by the Commission in accordance with the procedure referred to in Article 119, of the consistency of engine power using all the information available to the administration concerning the technical characteristics of the vessel concerned. In particular they shall verify the information contained in:
vessel monitoring system records;
the fishing logbook;
the Engine International Air Pollution Prevention (EIAPP) Certificate issued for the engine in accordance with Annex VI to the Marpol 73/78 Convention;
class certificates issued by a recognised ship inspection and survey organisation within the meaning of Directive 94/57/EC;
the sea trial certificate;
the Community Fishing Fleet Register; and
any other documents providing relevant information on vessel power or any related technical characteristics.
CHAPTER III
Control of multiannual plans
Article 42
Transhipment in port
Article 43
Designated ports
For a port or ►M8 landing sites ◄ to be determined as a designated port, the following conditions shall be met:
established landing or transhipment times;
established landing or transhipment places;
established inspection and surveillance procedures.
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Article 44
Separate stowage of demersal catches subject to multiannual plans
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CHAPTER IV
Control of technical measures
Section 1
Use of fishing gear
Article 47
Fishing gear
In fisheries in which it is not allowed to use more than one type of gear, any other gear shall be lashed and stowed so that it may not readily be used, in accordance with the following conditions:
nets, weights and similar gear shall be disconnected from their trawl boards and towing and hauling wires and ropes;
nets which are on or above deck shall be securely lashed and stowed;
longlines shall be stowed in lower decks.
Article 48
Retrieval of lost gear
Article 49
Catch composition
Article 49a
Separate stowage of catches below the minimum conservation reference sizes
Paragraph 1 shall not apply:
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;
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.
Article 49b
De 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 49c
Landing 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.
Section 2
Control of fishing restricted areas
Article 50
Control of fishing restricted areas
Union and third-country catching vessels that are not authorised to conduct fishing activities in fishing restricted areas may only transit through such areas subject to the following conditions:
all fishing gear carried on board is lashed and stowed during the transit;
the transit is continuous and expeditious and the speed during transit is not less than six knots, except in cases of force majeure. In such cases, the master of a Union catching vessel shall immediately inform the fisheries monitoring centre of its flag Member State, which shall inform the competent authorities of the coastal Member State, and the master of a third-country catching vessel shall immediately inform the competent authorities of the coastal Member State; and
the tracking device referred to in Article 9 is functioning.
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Article 54a
On-board processing
Paragraph 1 shall not apply to:
the processing or transhipment of offal; or
the production on board a fishing vessel of surimi.
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CHAPTER V
Control of recreational fisheries
Article 55
Recreational fisheries
For that purpose coastal Member States shall have in place an electronic system for the recording and reporting of catches from recreational fisheries.
Coastal Member States may use an electronic system referred to in the second subparagraph developed at national or Union level. If one or more coastal Member States so request by 10 May 2024, the Commission shall develop such a system. A requesting Member State shall implement the system as developed by the Commission.
Coastal Member States shall ensure that natural persons engaged in recreational fisheries are registered and that they record and report their catches through an electronic system referred to paragraph 1 as follows:
For species, stocks, or groups of stocks that are subject to Union conservation measures which apply specifically to recreational fisheries, such as quotas, catch limits and bag limits, on a daily basis; and
for species, stocks or groups of stocks for which fishing opportunities are set by the Union or which are covered by a multiannual plan or which are subject to the landing obligation, and for which species scientific advice from the Scientific, Technical and Economic Committee for Fisheries (STECF), ICES or an equivalent scientific body indicates that recreational fisheries are having a significant impact on the fishing mortality, as from 1 January 2030.
The Commission may, by way of implementing acts, adopt the list of species, stocks or groups of stocks to which point (b) of the first subparagraph applies and to set the frequency of recording and reporting of these catches. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
The Commission may, by way of implementing acts, adopt detailed rules concerning:
the submission to the Commission of catch data collected by Member States under paragraphs 2 and 3;
the marking of gear used for recreational fisheries, except hand-held gear, in a simple and proportionate manner.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
TITLE V
CONTROL IN THE SUPPLY CHAIN
CHAPTER I
General provisions
Article 56
Principles for the control of marketing
Article 56a
Composition of lots of certain fishery and aquaculture products
A lot of fishery products or a lot of aquaculture products falling under Chapter 3 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87 ( 10 ) (the ‘Combined Nomenclature’) shall contain only:
fishery products of a single species, of the same product presentation and coming from the same relevant geographical area and from the same fishing vessel, or group of fishing vessels; or
aquaculture products of a single species, of the same product presentation and coming from the same aquaculture production unit.
After the placing on the market, a lot of fishery or aquaculture products falling under Chapter 3 of the Combined Nomenclature may only be merged with another lot or split, if the lot created by merging or the lots created by splitting meet the following conditions:
the traceability information listed in Article 58(5) is provided for the newly created lot(s);
the operator responsible for placing the newly created lot(s) on the market retains and is able to provide the information concerning the composition of the newly created lot(s), in particular the information relating to each of the lots of fishery or aquaculture products which it contains and the quantities of fishery or aquaculture products coming from each of the lots forming the new lot(s).
Article 57
Common marketing standards
Such checks may take place at all stages in the supply chain, including transport and catering.
Article 58
Traceability
For lots of fishery or aquaculture products falling under Chapter 3 of the Combined Nomenclature, at least the following information shall be made available:
the identification number of the lot;
in the case of products which are not imported into the Union:
for all fishery products included in the lot, the unique fishing trip identification number(s), or the unique fishing day identification number(s), or
for all aquaculture products included in the lot, the name and registration number of the producer or aquaculture production unit;
in the case of imported products:
for all fishery products included in the lot, the IMO number or, if not applicable, other unique vessel identifier of the catching vessel(s), if applicable, and the catch certificate(s) number(s) submitted in accordance with Regulation (EC) No 1005/2008, where applicable, or
for all aquaculture products included in the lot, the name and, where available, the registration number of the aquaculture production unit;
the FAO alpha-3 code of the species and the scientific name;
the relevant geographical area(s) for fishery products caught at sea, or the catch or production area for fishery products caught in fresh water and for aquaculture products, as referred to in Article 38(1) of Regulation (EU) No 1379/2013;
for fishery products, the category of fishing gear as laid down in the first column of Annex III to Regulation (EU) No 1379/2013;
the date(s) of catches for fishery products or date(s) of harvest for aquaculture products;
the quantities in kilograms expressed in net weight or, where appropriate, the number of individuals;
where fishery products below the minimum conservation reference size are present in the lot, separate information on the quantities in kilograms expressed in net weight, or the number of individuals below the minimum conservation reference size;
for fishery and aquaculture products subject to common marketing standards, the information required in order to comply with those standards.
Operators at all stages of production, processing and distribution, from catching or harvesting to retail stage, shall ensure that in respect of each lot of fishery or aquaculture products falling under Chapter 3 of the Combined Nomenclature, the information listed in paragraph 5:
is kept on record; and
is made available in a digital way to the operator to whom the fishery or aquaculture product is supplied, and, upon request, to the competent authorities.
Member States may exempt from the requirements set out in this Article small quantities of aquaculture products that are sold directly to consumers from an aquaculture production unit, provided that the products are used only for private consumption and that those quantities do not exceed 10 kg of aquaculture products per consumer per day.
The Commission is empowered to adopt delegated acts in accordance with Article 119a concerning:
minimum technical requirements for the recording and transmission of the information referred to in paragraph 5, pursuant to paragraph 6;
methods of marking lots and the physical affixing of traceability information on lots of fishery and aquaculture products;
further cooperation between Member States on the access to information accompanying a lot;
the traceability requirements for lots of fishery or aquaculture products falling under Chapter 3 of the Combined Nomenclature containing several species as referred to in Article 56a(3) and (4), and for lots of fishery or aquaculture products falling under Chapter 3 of the Combined Nomenclature resulting from the merging or splitting of different lots as referred to in Article 56a(5);
the information on the relevant geographical area.
CHAPTER II
Post-landing activities
Article 59
First sale of fisheries products
Article 60
Weighing of fishery products
Masters of third-country fishing vessels landing fishery products in the Union shall comply with rules governing weighing applicable to masters of Union fishing vessels.
By way of derogation from paragraph 1 and subject to approval by the Commission by means of implementing acts, Member States in which the fishery products are landed may allow those products to be weighed on weighing systems approved by the competent authorities:
on landing in accordance with a sampling plan adopted under paragraph 10, irrespective of whether the fishery products are sorted or unsorted;
on board, in the case of sorted fishery products, provided that those products are weighed on landing in accordance with a sampling plan adopted under paragraph 10. The flag Member State shall be responsible for granting the derogation to the catching vessels flying its flag and for ensuring that the weighing systems on board are approved;
after transport to a destination on the territory of the Member State where the landing took place, in accordance with a control plan adopted under paragraph 10, irrespective of whether the fishery products are sorted or unsorted;
after transport from the Member State where the fishery products were landed to a destination on the territory of another Member State, in accordance with a common control programme adopted under paragraph 10 and upon agreement between the Member States concerned, irrespective of whether the fishery products are sorted or unsorted.
By way of derogation from the first subparagraph of this paragraph, in the case of fishery products weighed by an official in accordance with paragraph 9, the result of such weighing shall be used for the completion of the landing declaration and, where applicable, of the transport document.
Article 60a
Detailed rules on weighing
The Commission may, by means of implementing acts, adopt rules on:
the determination of weighing procedures;
the weighing records, including the keeping of those records;
the time of weighing;
the weighing systems, including weighing systems for control purposes;
the weighing of frozen fishery products;
the deduction of ice and water;
the access of competent authorities to the weighing systems and weighing records.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by laying down special rules for the weighing of certain pelagic species. Those rules may concern:
the weighing of catches of herring, mackerel, blue whiting and horse mackerel;
the ports of weighing;
the information to be sent to competent authorities before entering into port;
discharge;
the fishing logbook;
publicly-operated weighing facilities;
privately-operated weighing facilities;
weighing of frozen fish;
keeping of weighing records;
sales note and take-over declaration;
cross-checks;
monitoring of weighing.
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Article 62
Completion and submission of sales notes
The Commission may, by means of implementing acts, lay down detailed rules on:
the registration of buyers;
the format of sales notes;
the electronic recording and the electronic submission of sales notes.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
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Article 64
Content of the sales notes
The sales notes referred to in Article 62 shall have a unique identification number and contain the following data:
the unique fishing trip identification number;
the CFR number or, where that number is not available, another catching vessel identification number, and the name of the catching vessel;
the port of landing or landing site and date of the completion of the landing;
the name of the operator or master of the catching vessel and, if different, the name of the seller;
the name of the buyer and the buyer’s VAT number, the buyer’s tax identification number or other unique identifier;
the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken;
the quantities of each species in product weight, broken down by type of product presentation and state of processing, or, where appropriate, the number of individuals;
for all products subject to common marketing standards, the individual size or weight, size category, product presentation and freshness, as appropriate;
for fishery products below the minimum conservation reference size, the quantities in kilograms expressed in net weight, or, where appropriate, the number of individuals;
the name or an identification number of the operator referred to in Article 60(5);
the place and the date of the sale;
where possible, the reference number and date of invoice and, where appropriate, of the sales contract;
where applicable, reference to the take-over declaration referred to in Article 66 or the transport document referred to in Article 68;
the price, excluding taxes, and currency;
where available, the intended use of fishery products, such as for human consumption or for use as animal by-products.
By way of derogation from paragraph 1, in the case of fishing without a vessel, the sales note shall contain at least the following information:
the unique identifier in the system referred to in Article 54d(2), point (a);
the unique fishing day identification number(s);
the information referred to in paragraph 1, points (e), (f), (g), (h), (i), (k), (l), (m), (n) and (o), of this Article.
Article 65
Exemptions from sales notes requirements
Articles 62 and 64 shall not apply to a consumer acquiring fishery products not exceeding 10 kg per day which are not thereafter sold but used only for private consumption. For salmon (Salmo salar) caught in the Baltic Sea, that threshold shall be two individuals per consumer per day.
Article 66
Completion and submission of the take-over declaration
The take-over declaration referred to in paragraph 1 shall have a unique identification number and contain at least the following information:
the unique fishing trip identification number;
the CFR number or, where that number is not available, another catching vessel identification number, and the name of the catching vessel;
the port of landing or landing site and date of the completion of the landing;
the name of the operator or master of the catching vessel;
the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken;
the quantities of each species stored in kilograms in product weight, broken down by type of product presentation and state of processing, or, where appropriate, the number of individuals;
the name or an identification number of the operator referred to in Article 60(5);
the name and address of the facilities where the products are stored and its unique identifier;
where applicable, reference to the transport document referred to in Article 68;
for fishery products below the minimum conservation reference size, the quantities in kilograms expressed in net weight, or, where appropriate, the number of individuals.
By way of derogation from paragraph 4, in the case of fishing without a vessel, the take-over declaration shall contain at least the following information:
the unique identifier in the system referred to in Article 54d(2), point (a);
the unique fishing day identification number(s);
the information referred to in paragraph 4, points (e), (f), (h), (i) and (j), of this Article.
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Article 68
Transport of fishery products and completion and submission of the transport document
The transport document referred to in paragraph 1 shall have a unique identification number and shall contain at least the following information:
the place(s) and address(es) of destination of the consignment(s) and the identification of the transport vehicle and of the transporter;
the unique fishing trip identification number(s);
the CFR number or, where that number is not available, another catching vessel identification number, and the name of the catching vessel;
the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken;
the quantities of each species transported in kilograms in product weight, broken down by type of product presentation and state of processing or, where appropriate, the number of individuals and, where appropriate, by places of destination;
the name or an identification number of the operator referred to in Article 60(5), if applicable;
the name(s), unique identifier(s) and address(es) of the consignee(s);
the place and date and time of loading;
for fishery products below the applicable minimum conservation reference size, the quantities in kilograms expressed in net weight, or, where appropriate, the number of individuals.
By way of derogation from paragraph 4, in the case of fishing without a vessel, the transport document shall contain at least the following information:
the unique identifier in the system referred to in Article 54d(2), point (a);
the unique fishing day identification number(s);
the information referred to in paragraph 4, points (a), (d), (e), (g), (h) and (i), of this Article.
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TITLE VI
SURVEILLANCE
Article 71
Sightings at sea and detection by Member States
Member States shall carry out surveillance in ►M5 Union ◄ waters under their sovereignty or jurisdiction based on:
sightings of fishing vessels by inspection vessels, surveillance aircraft or other surveillance means;
a vessel monitoring system as referred to in Article 9; or
any other detection and identification methods.
Article 72
Action to be taken upon information on sightings and detection
Article 73
Control observers
Control observers shall:
be qualified for their tasks and receive regular training by Member States or, as appropriate, by EFCA;
be independent of the owner, licence holder, the master of the fishing vessel and any crew member;
have no economic link with the operator;
accomplish their tasks in a non-discriminatory manner;
be equipped with a two way communication device independent from the vessel at sea.
The Commission is empowered to adopt delegated acts in accordance with Article 119a concerning:
the methodology to be used for identifying vessels for the application of a control observer scheme;
format and content of observer reports;
the communication system for control observers;
rules pertaining to the security of control observers on vessels;
measures to ensure independence of control observers, including arrangements for their remuneration;
the duties of control observers, including in the event of suspicion of a serious infringement;
minimum requirements relating to the qualification and training of control observers.
Article 73a
Control 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.
TITLE VII
INSPECTION AND PROCEEDINGS
CHAPTER I
General provisions
Article 74
Conduct of inspections
Officials shall verify compliance of the activities carried out by the operators and the masters with the rules of the common fisheries policy, and in particular:
the legality of the fishery products kept on board, stored, transported, transhipped, transferred, landed, processed or marketed and the accuracy of the documentation or electronic transmissions relating to them;
the legality of fishing gear used for the targeted and by-catch species, for the catches kept on board, and the compliance with other applicable technical measures for the conservation of fishery resources and the protection of marine ecosystems;
the presence on board of equipment for the retrieval of the fishing gear as referred to in Article 48;
if applicable, the stowage plan and the separate stowage of species;
the markings and identification of the vessels and gear;
the information on the engine referred to in Article 40;
the use and functioning of REM systems and other electronic monitoring devices, if applicable;
compliance with the rules concerning control observers, if applicable.
The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by laying down specific rules on the conduct of inspections. Those rules may concern:
the authorisation and minimum standards for the qualification of the officials responsible for conducting inspections at sea or on land;
the coordination of control, inspection and enforcement activities between Member States;
the duties of officials authorised to conduct inspections;
the conduct of inspections at sea and on land.
Article 75
Duties of the operator and the master
Article 76
Inspection report
In the case of an inspection of a fishing vessel flying the flag of a third country, a copy of the inspection report shall be sent by electronic means and without delay to the competent authorities of the third country concerned. In the case where a serious infringement is detected, a copy of the inspection report shall also be sent to the Commission.
In the case of an inspection carried out in the waters or ports under the jurisdiction of a Member State other than the inspecting Member State, in accordance with this Regulation, or in the waters or ports of a third country in accordance with international agreements, a copy of the inspection report shall be sent by electronic means and without delay to that Member State or that third country.
Article 77
Admissibility of inspection and surveillance reports
Inspection and surveillance reports drawn up by Union inspectors or officials of another Member State or Commission officials or competent authorities from a third country shall constitute admissible evidence in administrative or judicial proceedings of any Member State. For establishing facts, inspection and surveillance reports drawn up by Union inspectors or officials of another Member State or Commission officials shall be treated as equivalent to inspection and surveillance reports of the Member States.
Article 78
Electronic database
Article 79
Union inspectors
Union inspectors may be assigned for:
the implementation of the specific control and inspection programmes adopted in accordance with Article 95;
international fisheries control programmes, where the Union is under an obligation to provide for control.
For the accomplishment of their tasks and subject to paragraph 6, Union inspectors shall, to the same extent and under the same conditions as officials of the Member State in which the inspection takes place, have access without delay to:
all areas on board Union fishing vessels and any other vessels carrying out fishing activities, public premises or places and means of transport; and
all relevant information and documents which are needed to fulfil their tasks, in particular fishing logbooks, fishing licences, certification of engine power, data from REM systems, landing declarations, catch certificates, transhipment declarations and sales notes.
The Commission shall, by means of implementing acts, lay down detailed rules concerning:
the notification of Union inspectors to EFCA;
the adoption and maintenance of the list of Union inspectors;
the notification of Union inspectors to regional fisheries management organisations;
the powers and duties of Union inspectors;
the reports of Union inspectors;
the follow-up of reports of Union inspectors.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
CHAPTER II
Inspections outside the waters of the inspecting Member State
Article 80
Inspections of fishing vessels outside the waters of the inspecting Member State
A Member State may carry out inspections on fishing vessels of another Member State in accordance with this Regulation relating to fishing activities in all ►M5 Union ◄ waters outside waters under the sovereignty of another Member State:
following authorisation by the coastal Member State concerned; or
where a specific control and inspection programme has been adopted in accordance with Article 95.
Article 81
Requests for authorisation
CHAPTER III
Procedures in the event of an infringement
Article 82
Duties of officials in the event of an infringement
If the information collected during an inspection or any other relevant data or information leads the official to believe that an infringement of the rules of the common fisheries policy has been committed, the official shall:
note the detected infringement in the inspection report;
take all necessary actions to ensure safekeeping of the evidence pertaining to such detected infringement;
immediately forward the inspection report to the competent authority;
inform the natural or legal person suspected of having committed the infringement, or that was caught in the act of committing the infringement, that the infringement may result in sanctions being imposed and an appropriate number of points being assigned in accordance with Article 92. That shall be noted in the inspection report.
Article 83
Infringements detected outside the waters of the inspecting Member State
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Article 85
Proceedings
Article 86
Transfer of proceedings
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Article 88
Corrective measures in the absence of proceedings by the Member State of landing or transhipment
TITLE VIII
ENFORCEMENT
Article 89
Measures and sanctions to ensure compliance
In conformity with their national law and with the provisions of this Regulation, Member States shall lay down rules on measures and sanctions against the natural person having committed or a legal person held liable for a breach of the rules of the common fisheries policy, and shall systematically:
initiate proceedings in accordance with Article 85;
take appropriate measures when an infringement is detected; and
apply sanctions under this Title against the natural or legal persons having committed or held liable for a breach of the rules of the common fisheries policy.
Article 89a
Sanctions
Article 90
Serious infringements
Any of the following activities shall constitute a serious infringement:
fishing without a valid licence, authorisation or permit issued by the flag State or the relevant coastal State;
falsifying or concealing markings, identity or registration of a fishing vessel;
concealing, tampering with, or disposing of, evidence relating to an investigation;
obstructing the work of officials or observers, in the exercise of their duties;
transhipping without the required authorisation or where such transhipment is prohibited;
conducting transfer operations or caging, in particular as referred to in Regulation (EU) 2023/2053 of the European Parliament and of the Council ( 13 ), in breach of the rules of the common fisheries policy;
transhipping from or to, conducting transfer operations with, participating in joint fishing operations with, or supporting or supplying vessels listed in the IUU vessel list of the Union or of a regional fisheries management organisation, as referred to in Articles 29 and 30 of Regulation (EC) No 1005/2008;
participating in the operation, management, ownership of, including as a beneficial owner as defined in Article 3, point (6), of Directive (EU) 2015/849 of the European Parliament and of the Council ( 14 ), or supplying services, including logistic, insurance and other financial services, to operators connected to, a vessel listed in the IUU vessel list of the Union or of a regional fisheries management organisation as referred to in Articles 29 and 30 of Regulation (EC) No 1005/2008;
carrying out fishing activities in contravention of the rules applicable in a fishing restricted area;
fishing for, catching, retaining on board, transhipping, landing, storing, selling, displaying or offering for sale species for which such activities are prohibited, subject to the conditions set out in Articles 10 and 11 of Regulation (EU) 2019/1241;
conducting fishing activities involving species subject to catch limits for which the operator does not have a quota or does not have access to the quota of the flag Member State, species for which the quota is exhausted, or species subject to a fishing moratorium, temporary prohibition or closed season, except accidental catches, unless the activity is a serious infringement under point (j);
operating, managing or owning a fishing vessel having no nationality and therefore a stateless vessel in accordance with international law;
using prohibited fishing gear or methods, as referred to in Article 7 of Regulation (EU) 2019/1241 or any other equivalent rules of the common fisheries policy;
falsifying documents, information or data, written on paper or stored in electronic form, referred to in the rules of the common fisheries policy;
manipulating an engine or a continuous engine power monitoring device with the aim of increasing the power of the vessel to exceed the maximum continuous engine power according to the engine certificate;
conducting fishing activities with the use of forced labour, as defined in Article 2 of the ILO Convention No 29 on Forced Labour.
The following activities shall constitute a serious infringement where the competent authority of the Member State concerned determines that at least one of the criteria defined in Annex IV is met:
using falsified or invalid documents, information or data, written on paper or stored in electronic form, referred to in the rules of the common fisheries policy;
failing to fulfil obligations to accurately record, store and report data relating to fishing activities, including data to be transmitted by vessel monitoring systems, as well as data with regard to prior notifications, catch declarations, transhipment declarations, fishing logbooks, landing declarations, weighing records, take-over declarations, transport documents or sales notes as required under the rules of the common fisheries policy, except for obligations relating to the margin of tolerance as referred to in point (c);
failing to fulfil obligations to accurately record estimates of quantities within the permitted margin of tolerance, in accordance with Article 14(3) and (4) and Article 21(3) of this Regulation and Article 13 of Regulation (EU) 2016/1139 of the European Parliament and of the Council ( 15 );
failing to fulfil obligations relating to the characteristics or use of fishing gear, acoustic deterrent devices, selectivity or fish aggregating devices, in particular as regards marking and identification, areas, depths, periods, number of gear and mesh sizes, or of the equipment for grading, water separation or processing, or failing to comply with measures to reduce incidental catches of sensitive species as required under the rules of the common fisheries policy, unless the activity is a serious infringement under paragraph 2;
failing to bring and retain on board the fishing vessel, including through slipping, or failing to land or, where applicable, tranship or transfer, species subject to the landing obligation, including catches below the minimum conservation reference size, in breach of the rules of the common fisheries policy applicable to fisheries or fishing zones;
carrying out fishing activities in the area of a regional fisheries management organisation in a manner inconsistent with, or in contravention of, applicable conservation and management measures of that organisation, unless the activity is a serious infringement under paragraph 2 or under other points of this paragraph;
making available on the market fishery or aquaculture products in breach of the rules of the common fisheries policy, unless the activity is a serious infringement under paragraph 2 or under other points of this paragraph;
conducting recreational fishing activities in breach of the rules of the common fisheries policy or selling fishery products from recreational fisheries;
committing multiple infringements of the rules of the common fisheries policy;
conducting any of the activities referred to in paragraph 2, point (g), in relation to a vessel engaged in IUU fishing as defined in Regulation (EC) No 1005/2008 and not listed in the IUU vessel list of the Union or of a regional fisheries management organisation;
using an engine power exceeding the maximum continuous engine power certified and recorded in the Member State fishing fleet register;
landing in ports of third countries without prior notification as referred to in Article 19a;
conducting business directly connected to IUU fishing, including trade in, import, export, processing and marketing of, fishery products stemming from IUU fishing;
illegally disposing of fishing gear or gear at sea from a fishing vessel.
Article 91
Immediate enforcement measures for serious infringements
Where any relevant data or information leads competent authorities of Member States to believe that a natural person has committed or a legal person is liable for a serious infringement, or where a natural person is caught in the act of committing a serious infringement, Member States shall immediately, in addition to the investigation of the infringement in accordance with the provisions of Article 85, in conformity with their national law, take relevant and immediate measures such as:
ordering the cessation of fishing activities;
the rerouting of the fishing vessel to a port;
the rerouting of the transport vehicle to another location for inspection;
the ordering of a bond;
the seizure of the fishing vessel, transport vehicle, fishing gear, catches or fishery products or the profit earned from the sale of the catches or fishery products;
restriction to or prohibition of the placing on the market of fishery products;
the temporary immobilisation of the fishing vessel or transport vehicle concerned;
the suspension of the authorisation to fish;
ordering the temporary cessation of business activities.
Article 91a
Sanctions for serious infringements
The minimum standard rates shall not be lower than the average value of fishery or aquaculture products obtained as a result of committing a serious infringement. In the event of a repeated serious infringement as referred to in paragraph 2, the minimum standard rates shall not be lower than twice that average value.
Member States establishing such standard rates may allow courts or competent authorities to deviate from those standard rates where necessary for the sanctions to be effective, proportionate and dissuasive, and to impose administrative financial penalties up to a maximum which shall be at least five times the value of the fishery or aquaculture products obtained as a result of committing the serious infringement, or, in the case of a repeated serious infringement as referred to in paragraph 2, at least eight times that value.
Article 91b
Accompanying sanctions
The sanctions provided for in Articles 89, 89a and 91a may be accompanied by other sanctions, in particular:
the immobilisation of the fishing vessel(s) or vehicle(s) involved in the infringement;
the confiscation of the vessel(s), vehicle(s), prohibited fishing gear, catches or fishery products;
the suspension or withdrawal of the fishing licence or fishing authorisation;
the reduction or withdrawal of fishing rights;
the exclusion from the right to obtain new fishing rights;
the ban on access to public assistance or subsidies;
the suspension or withdrawal of the status of approved economic operator granted pursuant to Article 16(3) of Regulation (EC) No 1005/2008;
the removal of the fishing vessel from the national register;
the suspension or cessation of all or part of the economic activities of the operator related to the common fisheries policy;
the suspension or withdrawal of the authorisation to engage in trading activities concerning fishery and aquaculture products.
Article 92
Point system for serious infringements
The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by laying down rules on:
the follow-up of suspension and permanent withdrawal of a fishing licence or of a right from exercising fishing activity as a master;
measures to be taken in the event of illegal fishing activities during the suspension period or after the permanent withdrawal of a fishing licence or of a right to carry out fishing activities as a master;
conditions justifying the deletion of points;
the registration of masters authorised to carry out fishing activities and the recording of points assigned to masters.
The Commission shall, by means of implementing acts, lay down detailed rules concerning:
the notifications of decisions on assignment of points;
the transfer of the points in accordance with paragraph 3;
the deletion from relevant lists of fishing licences or of the right to command a fishing vessel as a master, for the person responsible for serious infringements;
the obligation to provide information on the point system for masters of fishing vessels established by the Member States.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Article 92a
Liability of legal persons
Legal persons shall be held liable for serious infringements where such infringements have been committed for their benefit by any natural person, acting either individually or as part of an organ of the legal person, and having a determining position within the legal person concerned based on any of the following:
a power of representation of the legal person;
an authority to take decisions on behalf of the legal person; or
an authority to exercise control within the legal person.
Article 92b
Obligation to notify a definitive ruling
In the event of serious infringements detected in Union waters or in Union ports in relation to fishing vessels flying the flag of third countries, the competent authorities of the Member State concerned shall also, without delay, notify the Commission of any definitive ruling related to such infringements.
Article 93
National register on infringements
TITLE IX
CONTROL PROGRAMMES
Article 93a
National control programmes
National control programmes shall be risk-based and shall be updated once a year, if necessary, in particular taking into account newly adopted conservation and control measures and any additional data.
Member States shall notify their national control programmes to the Commission no later than three months from their establishment or update.
Article 93b
Member State annual report on control and inspections
The report referred to in paragraph 1 shall contain the following information:
existing resources available for control and inspections: the number of inspection vessels, official aircraft and official remotely piloted aircraft systems (RPAS); other control and inspection means; the number of employees (full-time equivalent); the budgetary allocation;
the number and type of control and inspections performed;
the number and type of detected and confirmed infringements, including serious infringements;
the number of follow-up actions, per each type of infringement, such as administrative sanction, criminal sanction, immediate enforcement measure or number of points assigned for confirmed infringements.
Article 94
Common control programmes
Member States may carry out, among themselves and on their initiative, control, inspection and surveillance programmes concerning fisheries activities.
Article 95
Specific control and inspection programmes
TITLE X
EVALUATION AND CONTROL BY THE COMMISSION
Article 96
General principles
The Commission shall control and evaluate the application of the rules of the common fisheries policy by the Member States by means of the examination of information and documents and by conducting verifications, autonomous inspections and audits and shall facilitate coordination and cooperation between them. For this purpose the Commission may, of its own accord and by its own means, initiate and carry out inquiries, verifications, inspections and audits. It may in particular verify:
the implementation and application of the rules of the common fisheries policy by Member States and their competent authorities;
the implementation and application of the rules of the common fisheries policy in the waters of a third country in accordance with an international agreement with that country;
the conformity of national administrative practices and inspection and surveillance activities with the rules of the common fisheries policy;
the existence of the required documents and their compatibility with the applicable rules;
the circumstances in which control activities are carried out by Member States;
the detection and proceedings of infringements;
the cooperation between Member States.
Member States shall cooperate with the Commission in order to facilitate the accomplishment of its tasks. Member States shall ensure that the verification, autonomous inspection and audit missions carried out under this Title are not subject to publicity that is injurious to on-the-spot missions. Wherever the Commission officials encounter difficulties in the execution of their duties, the Member States concerned shall provide the Commission with the means to accomplish its task and give the Commission officials the opportunity to evaluate the specific control and inspection operations.
Member States shall afford the Commission such assistance as it needs to fulfil its tasks.
Article 97
Competences of Commission officials
Article 98
Verifications
Article 99
Autonomous inspections
Article 100
Audits
The Commission may carry out audits of the control systems of Member States. The audits may include in particular the evaluation of:
the quota and the effort management system;
data validation systems, including systems of cross-checks of vessel monitoring systems, catch, effort and marketing data and data related to the Community fishing fleet register as well as the verification of licences and fishing authorisations;
the administrative organisation, including the adequacy of the available staff and the available means, the training of staff, the delimitation of functions of all authorities involved in control as well as the mechanisms in place to coordinate the work and the joint evaluation of the results of those authorities;
the operational systems, including procedures for control of designated ports;
national control action programmes including the establishment of inspection levels and their implementation;
the national system of sanctions, including the adequacy of the sanctions imposed, duration of proceedings, economic benefits forfeited by offenders and the deterrent nature of such system of sanctions.
Article 101
Verification, autonomous inspection and audit reports
Article 102
Follow-up of verification, autonomous inspection and audit reports
TITLE XI
MEASURES TO ENSURE COMPLIANCE BY MEMBER STATES WITH COMMON FISHERIES POLICY OBJECTIVES
CHAPTER II
Closure of fisheries
Article 104
Closure of fisheries for failure to comply with the common fisheries policy objectives
CHAPTER III
Deduction and adjustments of quotas and fishing effort
Article 105
Deduction of quotas
In the case of overfishing of a quota, allocation or share of a stock or a group of stocks available to a Member State in a given year, the Commission shall, by means of implementing acts and after consulting the Member State concerned, operate deductions in the following year or years from the annual quota, allocation or share of the Member State which has overfished, by applying a multiplying factor according to the following table:
|
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 |
However, a deduction equal to the overfishing * 1,00 shall apply in all cases of overfishing relative to permitted landing equal to, or less than, 100 tonnes.
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 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;
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
the stock is subject to a multiannual plan.
▼M5 —————
Article 106
Deduction of fishing effort
If the fishing effort available to a Member State in a geographical area or in a fishery is exceeded, the Commission shall, by means of implementing acts and after consulting the Member State concerned, operate deductions in the following year or years from the fishing effort available to that Member State for the geographical area or the fishery concerned by applying a multiplying factor according to the following table:
|
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 |
Article 107
Deduction of quotas for failure to comply with the rules of the common fisheries policy
The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation concerning the deadline for Member States to demonstrate that the fisheries can be safely exploited, the material to be included by Member States in their reply and the determination of the quantities to be deducted by taking into account:
the extent and nature of non-compliance;
the gravity of the threat to the conservation of stocks;
the damage caused to the stock by non-compliance.
Article 107a
Adjustment of fishing opportunities in the event of a reduction of the Union share under international agreements
Where overfishing by one or more Member States of a quota, allocation or share of a stock or a group of stocks available to the Union under an international agreement leads to a reduction of the Union share under that international agreement, the Council shall, when allocating the fishing opportunities for that stock or group of stocks under Article 43(3) TFEU and Article 16 of Regulation (EU) No 1380/2013 for the year for which that reduction is made, adjust the quotas of the Member States which have not overfished by increasing them to the quotas which those Member States would have received if the Union share under the international agreement had not been reduced. If such adjustment cannot be made in a given year due to an insufficient Union share, the remaining quantities shall be adjusted in the following year.
CHAPTER IV
Emergency measures
Article 108
Emergency measures
The emergency measures provided for in paragraph 1 shall be proportionate to the threat and may include, inter alia:
suspension of fishing activities of vessels flying the flag of the Member States concerned;
closure of fisheries;
prohibition against ►M5 Union ◄ operators accepting landings, placing in cages for fattening or farming, or transhipments of fish and fisheries products caught by the vessels flying the flag of the Member States concerned;
prohibition against the placing on the market or use for other commercial purposes fish and fisheries products caught by the vessels flying the flag of the Member States concerned;
prohibition against the provision of live fish for fish farming in the waters under the jurisdiction of the Member States concerned;
prohibition against the accepting of live fish caught by vessels flying the flag of the Member State concerned for the purposes of fish farming in waters under the jurisdiction of the other Member States;
prohibition against fishing vessels flying the flag of the Member State concerned to fish in waters under the jurisdiction of other Member States;
modification of the fishing data submitted by Member States in an appropriate way.
TITLE XII
DATA AND INFORMATION
CHAPTER I
Analysis and audit of data
Article 109
General principles for the analysis of data
For the purposes of paragraphs 1 and 2:
Member States shall validate the following data, including data recorded in the context of fisheries agreements referred to in Article 3(1), through automated computerised algorithms and mechanisms:
vessel position data;
fishing activity data, in particular data on entries into and exits from fishing areas, fishing logbooks, landing declarations, transhipment declarations and prior notifications;
data on fishing effort;
data from take-over declarations, transport documents and sales notes;
data from fishing licences and fishing authorisations;
data on control of engine power;
Member States shall validate the data listed in point (a) using in particular the following data, where available:
vessel detection system data;
data on sightings;
AIS data;
data from inspection reports;
data from control observer reports;
data from REM systems.
Article 110
Access to, storage and processing of data
Member States shall ensure the remote access at all time and without prior notice, for the Commission or the body designated by it, of the following data in a non-aggregated form:
fishing activity data, including data relating to fishing activity in the context of fisheries agreements referred to in Article 3(1):
vessel position data;
fishing activity data, in particular data on entries into and exits from fishing areas, fishing logbooks, landing declarations, transhipment declarations and prior notifications;
data on fishing effort;
data from take-over declarations, transport documents and sales notes;
other control data:
data on sightings;
data from fishing licences and fishing authorisations;
data from inspection reports;
data on control of engine power;
data from control observer reports;
national control programmes;
list of national officials;
the electronic database for the purpose of the verification of the completeness and the quality of the data collected as referred to in Article 109.
In any advice or publication based on such data, those data shall be anonymised.
Article 111
Exchange of data
Each flag Member State shall ensure the direct electronic exchange of relevant information with other Member States concerned, in particular:
vessel position data, when its fishing vessels are present in another Member State’s waters;
fishing logbook information, when its fishing vessels are fishing in another Member State’s waters, or landing or transhipping in another Member State’s ports;
landing declarations and transhipment declarations, when landing or transhipment takes place in another Member State’s ports;
prior notification, when the intended port is located in another Member State;
sales notes, transport documents and take-over declarations, when the sale, transport or take-over takes place in another Member State;
inspection and surveillance reports and risk analysis for its fishing vessels being inspected in the waters or ports of another Member State.
Each coastal Member State shall ensure the direct electronic exchange of relevant information with other Member States concerned and the Commission or the body designated by it, in particular by sending:
sales note information to the flag Member State, when a first sale originates from a fishing vessel flying the flag of another Member State;
take-over declaration information, when the fish is placed in storage in a Member State other than the flag Member State or the Member State of landing;
sales note and take-over declaration information to the Member State where the landing took place;
transport documents to the flag Member State, Member State of destination and transit of the transport;
inspection and surveillance reports.
Each flag Member State shall ensure the direct electronic exchange of relevant information concerning vessels flying its flag to the Commission or the body designated by it, in particular:
vessel position data;
fishing logbook information;
landing declarations and transhipment declarations;
prior notification;
sales notes, transport documents and take-over declarations;
inspection and surveillance reports.
Article 111a
Uniform conditions for the implementation of provisions on data
For the purpose of implementing provisions of this Chapter, the Commission may, by means of implementing acts, lay down detailed rules on:
data quality, compliance with deadlines for submission of data by operators, validation of the data, including cross-checks, analysis and verification;
exchange of data between Member States and between the Member States and the Commission or the body designated by it;
access to data by the Commission or the body designated by it;
access to data by scientific bodies of the Union and Eurostat;
interoperability and standardisation of databases;
data listed in Article 110(1) and (2), including additional specific safeguards for processing of personal data and security rules applicable to the databases.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
CHAPTER II
Confidentiality of data
Article 112
Protection of personal data
Personal data collected under this Regulation may only be processed for the following purposes, provided that those purposes cannot be fulfilled with data that do not permit identification of data subjects:
monitoring of fishing opportunities, including quota uptake;
validation of data;
monitoring of fishing activities carried out by Union fishing vessels, or fishing activities of fishing vessels within Union waters;
monitoring of Member State control of fishing activities and in the supply chain;
inspections, verifications, audits and enquiries;
preparation of, and compliance with, international agreements and conservation measures;
risk management, policy evaluations and impact assessments;
scientific research and scientific advice, and statistical production;
enquiries pertaining to complaints and infringements and judicial or administrative proceedings;
establishing or providing evidence of fishing rights of individual vessels, Member States or the Union.
By way of derogation from paragraph 3:
personal data collected under this Regulation shall not be stored for a period longer than necessary for the purposes listed in paragraph 2, points (e) and (i), and in any event for no longer than until the end of the concerned administrative or judicial proceedings or the time needed for the application of sanctions under this Regulation, such as the point system;
personal data contained in the information listed in Article 109(2a), point (a) (i) to (v), shall not be stored for a period longer than necessary for the purposes listed in paragraph 2, points (f) and (j), of this Article, and in any event for no longer than 10 years from the date on which the Member State, the Commission or the body designated by it obtains the relevant data;
personal data contained in the information listed in Article 109(2a), point (a) (i) to (iv), shall not be stored for a period longer than necessary for the purposes listed in paragraph 2, points (g) and (h), of this Article, and in any event for no longer than 25 years from the date on which the Member State, the Commission or the body designated by it obtains the relevant data. If that information is retained for a longer period of time, where it is necessary for the purposes listed in paragraph 2, points (g) and (h), of this Article, the personal data shall be anonymised or pseudonymised.
In particular, the Commission shall adopt the necessary measures, including a security plan, a business continuity plan and a disaster recovery plan, in order to:
physically protect data, including by making contingency plans for the protection of critical infrastructure;
prevent the unauthorised reading, copying, modification or removal of data media;
prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of recorded personal data;
prevent the unauthorised processing of data and any unauthorised copying, modification or deletion of data;
ensure that persons authorised to access the relevant fisheries databases have access only to the data covered by their access authorisation, by means of individual user identities and confidential access modes only;
ensure that it is possible to verify and establish to which bodies personal data may be transmitted and what data has been processed in the relevant fisheries databases, when, by whom and for what purpose;
prevent the unauthorised reading, copying, modification or deletion of personal data during the transmission of personal data to or from the relevant fisheries databases or during the transport of data media, in particular by means of appropriate encryption techniques;
monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation.
Article 113
Confidentiality of professional and commercial secrecy
Data communicated in the framework of this Regulation to persons working for competent authorities, courts, other public authorities and the Commission or the body designated by it, the disclosure of which would undermine:
the protection of the privacy and the integrity of the individual, in accordance with ►M5 Union ◄ legislation regarding the protection of personal data;
the commercial interests of a natural or legal person, including intellectual property;
court proceedings and legal advice; or
the scope of inspections or investigations;
shall be subject to applicable rules on confidentiality. Information may always be disclosed if this is necessary to bring about the cessation or prohibition of an infringement of the rules of the common fisheries policy.
CHAPTER III
Official websites
Article 114
Official websites
For the purposes of this Regulation, Member States shall set up and keep up to date official websites for operators and the general public, containing as a minimum the information listed in Article 115.
Article 115
Content of official websites
On their official websites, Member States shall publish without delay, or provide a direct link to, the following information:
the names and addresses of the competent authorities responsible for issuing fishing licences, as referred to in Article 6, and fishing authorisations, as referred to in Articles 7 and 7a;
the list of designated ports, specifying their operating hours, for the purpose of transhipment, as referred to in Article 20;
one month after the entry into force of a multiannual plan, and on approval by the Commission, the list of designated ports, specifying their operating hours, as referred to in Article 43, and within 30 days thereafter, the associated conditions for recording and reporting the quantities of the species under the multiannual plan for each landing;
decisions establishing real-time closures, including clearly defining the geographical area of the affected fishing grounds, the duration of the closure and the conditions governing fisheries in that area during the closure;
the contact point details for the transmission or submission of fishing logbooks, prior notifications, transhipment declarations, landing declarations, sales notes, take-over declarations and transport documents as referred to in Articles 14, 17, 20, 23, 54d, 55, 62, 66 and 68;
maps with the coordinates of the areas of temporary real-time closures, specifying the duration of the closure and the conditions governing fisheries in those areas during the closure;
the decision to close a fishery under Article 35, including all necessary details;
a list of the fishing restricted areas and corresponding restrictions;
a list of operators who are authorised to carry out weighing under Article 60(5) specifying the port and the weighing facility;
the national control programme referred to in Article 93a, with the exception of those parts the disclosure of which could undermine the effectiveness of control;
the annual report on control and inspections and a link to the website of the Commission, including the compilation of information from reports referred to in Article 93b(1);
the shorter period for prior notification set under Article 17(1a).
▼M8 —————
TITLE XIII
IMPLEMENTATION
Article 117
Administrative cooperation
The Commission may, by means of implementing acts, lay down rules on mutual assistance concerning:
administrative cooperation between Member States, third countries, the Commission and the body designated by it;
designation of Member States’ single authority;
communication of follow-up measures taken by national authorities further to exchange of information;
requests for assistance, including requests for information, measures and administrative notifications, and establishing deadlines for replies;
information without prior request;
Member States’ relations with the Commission and third countries.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Article 118
Reporting obligations
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Article 119
Committee procedure
Article 119a
Exercise of the delegation
TITLE XIV
AMENDMENTS AND REPEALS
▼M6 —————
Article 121
Amendments to other Regulations
Regulation (EC) No 2371/2002 is amended as follows:
Article 21 shall be replaced by the following:
‘Article 21
Community control and enforcement system
Access to waters and resources and the pursuit of activities as set out in Article 1 shall be controlled and compliance with the rules of the common fisheries policy enforced. For this purpose a Community system for the control, inspection and enforcement of the rules of the common fisheries policy shall be established.’;
Articles 22 to 28 shall be deleted.
Article 122
Repeals
Article 123
References
References to the repealed Regulations and the provisions deleted in accordance with Article 121 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
TITLE XV
FINAL PROVISIONS
Article 124
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2010.
However,
Article 33(6) and (9), Articles 37, 43, 58, 60, 61, 63, 67, 68, 73, 78 and 84, Article 90(2), (3) and (4), Articles 93 and 117 and Article 121(3) to (11) shall apply from 1 January 2011;
Articles 6, 7, 14, 21 and 23 shall apply from the date of entry into force of the rules implementing them;
Article 92 shall apply six months after the entry into force of the rules implementing it.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
▼M8 —————
ANNEX II
CORRELATION TABLE
|
Regulation (EEC) No 2847/93 |
This Regulation |
|
Article 1(1) |
Articles 1 and 2 |
|
Article 1(2) |
Article 5(3) |
|
Article 1(3) |
Article 2 |
|
Article 2 |
Article 5 |
|
Article 3 |
Article 9 |
|
Article 4(1) |
Article 5 |
|
Article 4(2) |
Article 75 |
|
Article 5(a) and (b) |
Article 74 |
|
Article 5(c) |
Article 8 |
|
Article 6 |
Articles 14, 15 and 16 |
|
Article 7 |
Articles 17 and 18 |
|
Article 8 |
Articles 23, 24 and 25 |
|
Article 9(1), (2), (3), (4), (4a), (5), (6), (7), (8) and (9) |
Articles 62, 63, 64, 65 and 68 |
|
Article 9(4b) and (5) |
Articles 66 and 67 |
|
Article 11 |
Articles 20, 21 and 22 |
|
Article 13 |
Article 68 |
|
Article 14 |
Article 59 |
|
Article 15(1), (2) and (4) |
Articles 33 and 34 |
|
Article 15(3) |
Article 36 |
|
Article 16 |
Article 117 |
|
Article 17 |
Articles 5 |
|
Article 19 |
Articles 112 and 113 |
|
Title IIA |
Title IV, Chapter I, Section 2 |
|
Article 20(1) |
Article 47 |
|
Article 20(2) |
Article 49 |
|
Article 21(1) |
Article 33 |
|
Article 21(2) |
Article 35 |
|
Article 21(3) |
Article 36 |
|
Article 21(4) |
Article 37 |
|
Article 21a |
Article 35 |
|
Article 21b |
Article 34 |
|
Article 21c |
Article 36 |
|
Article 23 |
Article 105 |
|
Title V |
Title IV, Chapter II, and Article 109 |
|
Article 28(1) |
Article 56 |
|
Article 28(2) |
Articles 57 and 70 |
|
Article 28(2a) |
Article 56 |
|
Article 29 |
Articles 96, 97, 98 and 99 |
|
Article 30 |
Article 102 |
|
Article 31(1) and (2) |
Articles 89 and 90 |
|
Article 31(4) |
Article 86 |
|
Article 32(1) |
Article 85 |
|
Article 32(2) |
Article 88 |
|
Article 33 |
Article 86 |
|
Article 34 |
Article 117 |
|
Article 34a |
Article 117 |
|
Article 34b |
Article 98 |
|
Article 34c |
Article 95 |
|
Article 35 |
Article 118 |
|
Article 36 |
Article 119 |
|
Article 37 |
Articles 112 and 113 |
|
Article 38 |
Article 3 |
|
Article 39 |
Article 122 |
|
Article 40 |
Article 124 |
|
Regulation (EC) No 1627/94 |
This Regulation |
|
The entire Regulation |
Article 7 |
|
Regulation (EC) No 847/96 |
This Regulation |
|
Article 5 |
Article 106 |
|
Regulation (EC) No 2371/2002 |
This Regulation |
|
Article 21 |
Articles 1 and 2 |
|
Article 22(1) |
Articles 6, 7, 8, 9, 14 and 75 |
|
Article 22(2) |
Articles 58, 59, 62, 68 and 75 |
|
Article 23(3) |
Article 5(3), Article 5(5) and Article 11 |
|
Article 23(4) |
Articles 105 and 106 |
|
Article 24 |
Article 5, Title VII and Articles 71 and 91 |
|
Article 25 |
Chapters III and IV of Title VII and Article 89 |
|
Article 26(1) |
Article 96 |
|
Article 26(2) |
Article 108 |
|
Article 26(4) |
Article 36 |
|
Article 27(1) |
Articles 96 to 99 |
|
Article 27(2) |
Articles 101 and 102 |
|
Article 28(1) |
Article 117 |
|
Article 28(3) |
Articles 80, 81 and 83 |
|
Article 28(4) |
Article 79 |
|
Article 28(5) |
Article 74 |
|
Regulation (EC) No 811/2004 |
This Regulation |
|
Article 7 |
Article 14(2) |
|
Article 8 |
Article 17 |
|
Article 10 |
Article 14(3) |
|
Article 11 |
Article 44 |
|
Article 12 |
Article 60(6) |
|
Regulation (EC) No 2166/2005 |
This Regulation |
|
Article 9 |
Article 14(3) |
|
Article 10 |
Article 60(1) |
|
Article 12 |
Article 44 |
|
Article 13 |
Article 60(6) |
|
Regulation (EC) No 2115/2005 |
This Regulation |
|
Article 7 |
Article 14(3) |
|
Regulation (EC) No 388/2006 |
This Regulation |
|
Article 7 |
Article 14(3) |
|
Article 8 |
Article 60(1) |
|
Article 10 |
Article 44 |
|
Article 11 |
Article 60(6) |
|
Regulation (EC) No 509/2007 |
This Regulation |
|
Article 6 |
Article 14(3) |
|
Article 8 |
Article 44 |
|
Article 9 |
Article 60(6) |
|
Regulation (EC) No 676/2007 |
This Regulation |
|
Article 10 |
Article 14(2) |
|
Article 11 |
Article 14(3) |
|
Article 12 |
Article 60(1) |
|
Article 14 |
Article 44 |
|
Article 15 |
Article 60(6) |
|
Regulation (EC) No 1098/2007 |
This Regulation |
|
Article 15 |
Article 14(3) |
|
Article 19 |
Article 60(1) |
|
Article 24 |
Article 46 |
|
Regulation (EC) No 1342/2008 |
This Regulation |
|
Article 19(1) |
Article 109(2) |
|
Article 19(2) |
Article 115 |
|
Article 20 |
Article 60 |
|
Article 22 |
Article 42 |
|
Article 23 |
Article 46 |
|
Article 24 |
Article 17 |
|
Article 25 |
Article 43 |
|
Article 26 |
Article 14(2) |
|
Article 27 |
Article 44 |
|
Article 28 |
Article 60(6) |
ANNEX III
Points to be assigned to Union fishing licence holders or Union masters for serious infringements
|
Article |
Serious infringement |
Points |
|
Article 90(2), point (a) |
Fishing without a valid licence, authorisation or permit issued by the flag State or the relevant coastal State. |
7 |
|
Article 90(2), point (b) |
Falsifying or concealing markings, identity or registration of a fishing vessel. |
5 |
|
Article 90(2), point (c) |
Concealing, tampering with, or disposing of, evidence relating to an investigation. |
5 |
|
Article 90(2), point (d) |
Obstructing the work of officials or observers, in the exercise of their duties. |
7 |
|
Article 90(2), point (e) |
Transhipping without the required authorisation or where such transhipment is prohibited. |
7 |
|
Article 90(2), point (f) |
Conducting transfer operations or caging, in particular as referred to in Regulation (EU) 2023/2053, in breach of the rules of the common fisheries policy. |
5 |
|
Article 90(2), point (g) |
Transhipping from or to, conducting transfer operations with, participating in joint fishing operations with, or supporting or supplying vessels listed in the IUU vessel list of the Union or of a regional fisheries management organisation, as referred to in Articles 29 and 30 of Regulation (EC) No 1005/2008. |
7 |
|
Article 90(2), point (h) |
Participating in the operation, management, ownership of, including as a beneficial owner as defined in Article 3, point (6), of Directive (EU) 2015/849, or supplying services, including logistic, insurance and other financial services, to operators connected to, a vessel listed in the IUU vessel list of the Union or of a regional fisheries management organisation, as referred to in Articles 29 and 30 of Regulation (EC) No 1005/2008. |
7 |
|
Article 90(2), point (i) |
Carrying out fishing activities in contravention of the rules applicable in a fishing restricted area. |
6 |
|
Article 90(2), point (j) |
Fishing for, catching, retaining on board, transhipping, landing, storing, selling, displaying or offering for sale species for which such activities are prohibited, subject to the conditions set out in Articles 10 and 11 of Regulation (EU) 2019/1241. |
7 |
|
Article 90(2), point (k) |
Conducting fishing activities involving species subject to catch limits for which the operator does not have a quota or does not have access to the quota of the flag Member State, species for which the quota is exhausted, or species subject to a fishing moratorium, temporary prohibition or closed season, except accidental catches, unless the activity is a serious infringement under Article 90(2), point (j). |
7 |
|
Article 90(2), point (m) |
Using prohibited fishing gear or methods, as referred to in Article 7 of Regulation (EU) 2019/1241 or any other equivalent rules of the common fisheries policy. |
7 |
|
Article 90(2), point (n) |
Falsifying documents, information or data, written on paper or stored in electronic form, referred to in the rules of the common fisheries policy. |
5 |
|
Article 90(2), point (o) |
Manipulating an engine or continuous engine power monitoring device with the aim of increasing the power of the vessel to exceed the maximum continuous engine power according to the engine certificate. |
6 |
|
Article 90(2), point (p) |
Conducting fishing activities with the use of forced labour, as defined in Article 2 of the ILO Convention No 29 on Forced Labour. |
7 |
|
Article 90(3), point (a) |
Using falsified or invalid documents, information or data, written on paper or stored in electronic form, referred to in the rules of the common fisheries policy. |
5 |
|
Article 90(3), point (b) |
Failing to fulfil obligations to accurately record, store and report data relating to fishing activities, including data to be transmitted by vessel monitoring systems, as well as data with regard to prior notifications, catch declarations, transhipment declarations, fishing logbooks, landing declarations, weighing records, take-over declarations, transport documents or sales notes as required under the rules of the common fisheries policy, except for obligations relating to the margin of tolerance, as referred to in Article 90(3), point (c). |
3 |
|
Article 90(3), point (c) |
Failing to fulfil obligations to accurately record estimates of quantities within the permitted margin of tolerance, in accordance with Article 14(3) and (4) and Article 21(3) of this Regulation and Article 13 of Regulation (EU) 2016/1139. |
3 |
|
Article 90(3), point (d) |
Failing to fulfil obligations relating to the characteristics or use of fishing gear, acoustic deterrent devices, selectivity or fish aggregating devices, in particular as regards marking and identification, areas, depths, periods, number of gear and mesh size, or of the equipment for grading, water separation, or processing or failing to comply with measures to reduce incidental catches of sensitive species as required under the rules of the common fisheries policy, unless the activity is a serious infringement under Article 90(2). |
4 |
|
Article 90(3), point (e) |
Failing to bring and retain on board the fishing vessel, including through slipping, or failing to land or, where applicable, tranship or transfer, species subject to the landing obligation, including catches below the minimum conservation reference size, in breach of the rules of the common fisheries policy applicable to fisheries or fishing zones concerned. |
5 |
|
Article 90(3), point (f) |
Carrying out fishing activities in the area of a regional fisheries management organisation in a manner inconsistent with, or in contravention of, applicable conservation and management measures of that organisation unless the activity is a serious infringement under Article 90(2) or under other points of Article 90(3). |
5 |
|
Article 90(3), point (i) |
Committing multiple infringements of the rules of the common fisheries policy. |
5 |
|
Article 90(3), point (k) |
Using an engine power exceeding the maximum continuous engine power certified and recorded in the Member State fishing fleet register. |
5 |
|
Article 90(3), point (l) |
Landing in ports of third countries without prior notification as referred to in Article 19a. |
5 |
|
Article 90(3), point (n) |
Illegally disposing of fishing gear or gear at sea from a fishing vessel. |
5 |
|
Article 90(3), point (j) |
Conducting any of the activities referred to in Article 90(2), point (g) in relation to a vessel engaged in IUU fishing as defined in Regulation (EC) No 1005/2008 and not listed in the IUU vessel list of the Union or of a regional fisheries management organisation. |
5 |
ANNEX IV ( 31 )
Criteria to qualify an activity as a serious infringement in accordance with article 90(3)
|
Activity |
Criteria |
|
Article 90(3), point (a) Using falsified or invalid documents, information or data, written on paper or stored in electronic form, referred to in the rules of the common fisheries policy. |
(a) Documents, data or information intentionally used in the own interest or in the interest of third parties in order to obtain a benefit; (b) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for an infringement under Article 90(3), point (a), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
|
Article 90(3), point (b) Failing to fulfil obligations to accurately record, store and report data relating to fishing activities, including data to be transmitted by vessel monitoring systems, as well as data with regard to prior notifications, catch declarations, transhipment declarations, fishing logbooks, landing declarations, weighing records, take-over declarations, transport documents or sales notes as required under the rules of the common fisheries policy, except for obligations relating to the margin of tolerance as referred to in Article 90(3), point (c). |
(a) Where fishery products related to the infringement represent 10 % or more of the total weight of the products concerned; (b) failure to record and report catches of species subject to the landing obligation per species, haul, area, day or fishing trip, depending on the gravity of the offence to be determined by the competent authorities of the Member States taking into account, in particular, the nature and extent of the activity, including the prejudice or the level of the damage to the fishing resources and the marine environment concerned; (c) interference with the installation or functioning of the vessel monitoring system, AIS, fishing logbook, REM system, weighing system, continuous engine power monitoring device or any other applicable monitoring system of the Member State, including its switch off, except where authorised by the competent authorities; (d) no data and information recorded or sent to the flag Member State’s fisheries monitoring centre; (e) failure to notify the MS authorities about malfunctioning of the vessel monitoring system, AIS, fishing logbook, REM system, or any other monitoring device or system as required under the rules of the common fisheries policy; (f) failure to transmit data relating to fishing activities and fishing operations, including sales notes, when the landing or transhipment or the fishing operation has taken place outside the Union waters; (g) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (b), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
|
Article 90(3), point (c) Failing to fulfil obligations to accurately record estimates of quantities within the permitted margin of tolerance, in accordance with Article 14(3) and (4) and Article 21(3) of this Regulation and Article 13 of Regulation (EU) 2016/1139. |
(a) Where the quantity of the fishery products exceeding the permitted margin of tolerance is equal to or above 100 % of the permitted margin of tolerance, calculated as permissible amount in percentage or kilograms, or, in the cases falling under Article 14(4), point (a), where the quantity of the fishery products exceeding the permitted margin of tolerance is 50 % or more of the permitted margin of tolerance, calculated as permissible amount in percentage; (b) notwithstanding the criterion under point (a), until 10 January 2028, for species caught in the tropical tuna purse seine fisheries which are landed unsorted and that represent 2 % or more in weight of all species landed and to which Article 14(4), point (a) does not apply: where the difference between estimates recorded in the fishing logbook and the quantities landed or resulting from an inspection is equal to or higher than 25 % per species; (c) notwithstanding the criterion under point (a), until 10 January 2028, for species covered by Article 13(1) of Regulation (EU) 2016/1139: where the difference between estimates recorded in the fishing logbook and quantities landed or resulting from an inspection is equal to or above 25 % per species; (d) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (c), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
|
Article 90(3), point (d) Failing to fulfil obligations relating to the characteristics or use of fishing gear, acoustic deterrent devices, selectivity or fish aggregating devices, in particular as regards marking and identification, areas, depths, periods, number of gear and mesh sizes, or of the equipment for grading, water separation or processing, or failing to comply with measures to reduce incidental catches of sensitive species as required under the rules of the common fisheries policy, unless the activity is a serious infringement under Article 90(2). |
(a) Passive fishing gear and fish aggregating devices either lack any correct marking or have incorrect marking, labelling or related characteristics, affecting more than half of the fishing gear or fish aggregating devices; (b) more than 10 % of the required number of acoustic deterrent devices are not used or more than 10 % of the required acoustic deterrent devices used are not functioning properly; (c) the number of passive fishing gear and fish aggregating devices used exceeds by 10 % the allowed number of such gear or devices; (d) the size of the whole or part of the active fishing gear exceeds the allowed dimension of such gear by 10 %; (e) the selectivity characteristics of gear as required under the rules of the common fisheries policy are altered by reducing the size of those elements of a gear which determine selectivity, such as mesh size, yarn diameter or hook size, by 3 mm or 5 %, whichever is greater; (f) failure to deploy other methods and devices in accordance with the rules of the common fisheries policy in order to optimise selectivity, such as escape panels, sorting grids or exit holes; (g) the use of devices that obstruct or otherwise effectively diminish the selectivity characteristics of gear or the methods and devices referred to in point (f); (h) the equipment on board for grading or water separation is used for species for which the use of such devices is prohibited, and which are subject to fishing opportunities, multiannual plans, inspection and control plans or the landing obligation; (i) fishing gear is used in a location where the distance to the shore deviates from the allowed distance by more than 10 %, or where the sea-depth deviates from the allowed depth; (j) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (d), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
|
Article 90(3), point (e) Failing to bring and retain on board the fishing vessel, including through slipping, or failing to land or, where applicable, tranship or transfer, species subject to the landing obligation, including catches below the minimum conservation reference size, in breach of the rules of the common fisheries policy applicable to fisheries or fishing zones. |
(a) Catches related to the infringement represent a value equal to or greater than EUR 1 000 , or 10 % of the total value of fishery products concerned; or quantities that are equal to or above 200 kg; (b) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (e), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
|
Article 90(3), point (f) Carrying out fishing activities in the area of a regional fisheries management organisation in a manner inconsistent with, or in contravention of, applicable conservation and management measures of that organisation, unless the activity is a serious infringement under Article 90(2) or under other points of Article 90(3). |
(a) The infringement is qualified as a serious infringement under applicable rules of a regional fisheries management organisation; (b) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (f), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
|
Article 90(3), point (g) Making available on the market fishery or aquaculture products in breach of the rules of the common fisheries policy, unless the activity is a serious infringement under Article 90(2) or under other points of Article 90(3). |
(a) Operators, masters or their representatives conduct the first sale with a non-registered auction centre, buyer or producer organisation; (b) non-existent minimum mandatory information to consumers as provided for in Article 35 of Regulation (EU) No 1379/2013 for lots of 20 kg or more or which represent a value equal to or greater than EUR 1 000 ; (c) incomplete traceability information for lots of 20 kg or more, or which represent a value equal to or greater than EUR 1 000 ; (d) the products are imported in breach of Regulation (EC) No 1005/2008; (e) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (g), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
|
Article 90(3), point (h) Conducting recreational fishing activities in breach of the rules of the common fisheries policy or selling fishery products from recreational fisheries. |
(a) Selling fishery products from recreational fisheries which represent a value equal to or greater than EUR 50 or quantities that are equal to or above 10 kg; (b) two individuals or more of specimen retained are unauthorised or one individual or more are prohibited species; (c) 25 % or more of specimen retained do not comply with the minimum conservation reference size; (d) retaining quantities of species exceeding the bag or catch limits or exceeding applicable quotas by 50 %; (e) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (h), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
|
Article 90(3), point (i) Committing multiple infringements of the rules of the common fisheries policy. |
Committing three or more infringements referred to in Article 90(3), detected in the course of the same inspection, surveillance or investigation, and which are not individually considered serious. |
|
Article 90(3), point (j) Conducting any of the activities referred to in Article 90(2), point (g), in relation to a vessel engaged in IUU fishing as defined in Regulation (EC) No 1005/2008 and not listed in the IUU vessel list of the Union or of a regional fisheries management organisation. |
(a) Transhipping from or to, or conducting transfer operations with, participating in joint fishing operations with, supporting or supplying a vessel in relation to a fishing trip where that vessel has been used to commit a serious infringement; (b) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (j), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
|
Article 90(3), point (k) Using an engine power exceeding the maximum continuous engine power certified and recorded in the Member State fishing fleet register. |
(a) When the difference between the verified power and the power certified and recorded is higher than 20 %; (b) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (k), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
|
Article 90(3), point (l) Landing in ports of third countries without prior notification as referred to in Article 19a. |
The competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for an infringement under Article 90(3), point (l), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
|
Article 90(3), point (m) Conducting business directly connected to IUU fishing, including trade in, import, export, processing and marketing of, fishery products stemming from IUU fishing. |
(a) All legally required documents were not produced or submitted; (b) importing where import has been refused under Article 18 of Regulation (EC) No 1005/2008; (c) importing without complying with Article 16 of Regulation (EC) No 1005/2008; (d) the vessel is included in the IUU vessel list of the Union or of a regional fisheries management organisation; (e) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (m), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
|
Article 90(3), point (n) Illegally disposing of fishing gear or gear at sea from a fishing vessel. |
(a) The disposal is deliberate and results or is likely to result in serious damage to the marine environment, including to marine biological resources and marine ecosystems; (b) the disposal is deliberate and occurs in a fishing restricted area; (c) the disposal is deliberate and concerns fishing gear that is prohibited under Article 7(1), points (a), (b), (c), (d) and (g), of Regulation (EU) 2019/1241. |
( 1 ) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (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/EC (OJ L 354, 28.12.2013, p. 22).
( 2 ) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).
( 3 ) Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency (OJ L 83, 25.3.2019, p. 18).
( 4 ) Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports (OJ L 57, 3.3.2017, p. 1).
( 5 ) Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).
( 6 ) OJ L 128, 21.5.2005, p. 1.
( 7 ) Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).
( 8 ) Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Union 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).
( 9 ) Regulation (EU) 2017/1004 of the European Parliament and of the Council of 17 May 2017 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008 (OJ L 157, 20.6.2017, p. 1).
( 10 ) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
( 11 ) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
( 12 ) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1.
( 13 ) Regulation (EU) 2023/2053 of the European Parliament and of the Council of 13 September 2023 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) No 1936/2001, (EU) 2017/2107, and (EU) 2019/833 and repealing Regulation (EU) 2016/1627 (OJ L 238, 27.9.2023, p. 1).
( 14 ) Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).
( 15 ) Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007 (OJ L 191, 15.7.2016, p. 1).
( 16 ) Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).
( 17 ) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
( 18 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
( 19 ) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
( 20 ) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
( 21 ) OJ L 123, 12.5.2016, p. 1.
( 22 ) OJ L 150, 30.4.2004, p. 1.
( 23 ) OJ L 340, 23.12.2005, p. 3.
( 24 ) OJ L 345, 28.12.2005, p. 5.
( 25 ) OJ L 65, 7.3.2006, p. 1.
( 26 ) OJ L 122, 11.5.2007, p. 7.
( 27 ) OJ L 157, 19.6.2007, p. 1.
( 28 ) OJ L 248, 22.9.2007, p. 1.
( 29 ) OJ L 344, 20.12.2008, p. 6.
( 30 ) OJ L 348, 24.12.2008, p. 20.
( 31 ) When calculating the value of the fishery or aquaculture products obtained as a result of committing an infringement referred to in this Annex, Member States shall consider national prices at first sale, prices identified on principal international markets relevant for the species and fishing area concerned or the prices of the European Market Observatory for Fisheries and Aquaculture Products (EUMOFA) platform, at the time when the infringement was committed.