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Document 02011R0404-20200714

Consolidated text: Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy

ELI: http://data.europa.eu/eli/reg_impl/2011/404/2020-07-14

02011R0404 — EN — 14.07.2020 — 005.001


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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COMMISSION IMPLEMENTING REGULATION (EU) No 404/2011

of 8 April 2011

laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy

(OJ L 112 30.4.2011, p. 1)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COMMISSION IMPLEMENTING REGULATION (EU) 2015/1962 of 28 October 2015

  L 287

6

31.10.2015

►M2

COMMISSION IMPLEMENTING REGULATION (EU) 2020/30 of 14 January 2020

  L 9

3

15.1.2020

 M3

COMMISSION IMPLEMENTING REGULATION (EU) 2020/863 of 22 June 2020

  L 200

1

24.6.2020


Corrected by:

►C1

Corrigendum, OJ L 328, 10.12.2011, p.  58 (404/2011)




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COMMISSION IMPLEMENTING REGULATION (EU) No 404/2011

of 8 April 2011

laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy



TITLE I

GENERAL PROVISIONS

SCOPE

Article 1

Subject matter

This Regulation lays down detailed rules for the application of the control system of the European Union as established by the Control Regulation.

Article 2

Definitions

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

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(1) 

‘Union fishing vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;

(2) 

‘Union waters’ means waters defined in point (1) of Article 4(1) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ( 1 );

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(3) 

‘holder of a fishing licence’ means a natural or legal person to whom a fishing licence as referred to Article 6 of the Control Regulation has been issued;

(4) 

‘Union inspectors’ means inspectors as defined in Article 4(7) of the Control Regulation;

(5) 

‘fish aggregating device’ means any equipment floating on the sea surface or anchored with the objective of attracting fish;

(6) 

‘passive gear’ means any fishing gear the catch operation of which does not require an active movement of the gear, including:

(a) 

gillnets, entangling nets, trammel nets, and trap nets;

(b) 

drifting gillnets, and drifting trammel nets, any of which may be equipped with anchoring, floating and navigational gear;

(c) 

long lines, lines, pots and traps;

(7) 

‘beam trawl’ means any towed trawl in which the mouth of the trawl is held open by a beam or similar device, irrespectively of whether they are supported or not when dragged along the seabed;

(8) 

‘vessel monitoring system’ (VMS) as referred to in Article 9(1) of the Control Regulation means a satellite-based fishing vessel monitoring system providing to the fisheries authorities data at regular intervals on the location, course and speed of vessels;

(9) 

‘satellite-tracking device’ as referred to in Article 4(12) of the Control Regulation means a device installed on board of a fishing vessel that transmits position and related data automatically to the fisheries monitoring centre according to the legal requirements and that allows detection and identification of the fishing vessel at all times;

(10) 

‘fishing trip’ means any voyage of a fishing vessel during which fishing activities are conducted that starts at the moment when the fishing vessel leaves a port and ends on arrival in port;

(11) 

‘fishing operation’ means all activities in connection with searching for fish, the shooting, towing and hauling of active gears, setting, soaking, removing or resetting of passive gears and the removal of any catch from the gear, keep nets, or from a transport cage to fattening and farming cages;

(12) 

‘electronic fishing logbook’ means the record by computerised means of fishing operation details by the master of a fishing vessel transmitted to the Member State authorities;

(13) 

‘product presentation’ means a description of the processed state of the fisheries product or part thereof in accordance with the codes and descriptions in Annex I;

(14) 

‘European Fisheries Control Agency’ means the agency as defined in Article 1 of Council Regulation (EC) No 768/2005 ( 2 );

(15) 

‘sighting’ means any observation of a fishing vessel by any competent authority of a Member State;

(16) 

‘commercially sensitive information’ means information the release of which is likely to prejudice the commercial interests of an operator;

(17) 

‘computerised validation system’ means a system capable of verifying that all data recorded in Member States databases is accurate, complete and submitted within the deadlines;

(18) 

‘web service’ means a software system designed to support interoperable machine-to-machine interaction over a network.

TITLE II

GENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES

CHAPTER I

Fishing licenses

Article 3

Issue and management of fishing licences

1.  
A fishing licence referred to in Article 6 of the Control Regulation shall be valid for one ►M1  Union fishing vessel ◄ only.
2.  
Fishing licences referred to in Article 6 of the Control Regulation shall be issued, managed and withdrawn by Member States for their fishing vessels in accordance with this Regulation.
3.  
Fishing licences referred to in Article 6 of the Control Regulation shall contain as a minimum the information set out in Annex II.
4.  
Fishing licences issued in accordance with Regulation (EC) No 1281/2005 shall be considered as fishing licences issued in accordance with this Regulation if they contain the minimum information required by paragraph 3 of this Article.
5.  
A fishing licence shall only be valid if the conditions on the basis of which it has been issued are still met.
6.  
If a fishing licence has been temporarily suspended or permanently withdrawn, the authorities of the flag Member State shall immediately inform the holder of the fishing licence.

▼M1

7.  
At any moment the total capacity corresponding to the fishing licences issued by a Member State, in Gross Tonnage (GT) or kilowatt (kW), shall not be higher than the maximum capacity levels for that Member State established in accordance with Article 22(7) of Regulation (EU) No 1380/2013.

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CHAPTER II

Fishing authorisations

Article 4

Fishing authorisations

1.  
A fishing authorisation referred to in Article 7 of the Control Regulation shall be valid for one ►M1  Union fishing vessel ◄ only.
2.  
Fishing authorisations referred to in Article 7 of the Control Regulation shall contain as a minimum the information set out in Annex III. The flag Member State shall ensure that the information contained in the fishing authorisation is accurate and consistent with the rules of the Common Fisheries Policy.
3.  
Special fishing permits issued in accordance with Council Regulation (EC) No 1627/94 ( 3 ) shall be considered as fishing authorisations issued in accordance with this Regulation if they contain the minimum information required by paragraph 2 of this Article.
4.  
A fishing authorisation as referred to in paragraph 2 and a fishing licence as referred to in Article 3(2) of this Regulation may be contained in the same document.
5.  
Without prejudice to special rules ►M1  Union fishing vessels ◄ of less than 10 metres’ length overall which fish exclusively in the territorial waters of their flag Member States shall be excluded from the obligation to a have a fishing authorisation.
6.  
Paragraph 2 and paragraph 5 of Article 3 of this Regulation shall apply correspondingly.

Article 5

List of fishing authorisations

1.  
Without prejudice to special rules, when the websites as referred to in Article 114 of the Control Regulation have become operational and not later than 1 January 2012 Member States shall make available on the secure part of their official websites the list of their fishing vessels that have received fishing authorisations referred to in Article 7 of the Control Regulation before these fishing authorisations become valid. They shall update their list in case of any changes to this list before they become effective.
2.  
For the period 1 January 2011 until 31 December 2011, on request Member States shall make available to the Commission a list of their fishing vessels that have received fishing authorisations for 2011. They shall inform the Commission of any changes to this list before these changes become effective.

CHAPTER III

Marking and identification of ►M1  Union fishing vessels ◄ and their gear

Section 1

Marking and identification of fishing vessels

Article 6

Marking of fishing vessels

A ►M1  Union fishing vessel ◄ shall be marked as follows:

(a) 

the letter(s) of the port or district in which the ►M1  Union fishing vessels ◄ is registered and the number(s) under which it is registered shall be painted or displayed on both sides of the bow, as high above the water as possible so as to be clearly visible from the sea and the air, in a colour contrasting with the background on which they are painted;

(b) 

for ►M1  Union fishing vessels ◄ over 10 metres length overall and less than 17 metres length overall, the height of the letters and numbers shall be at least 25 centimetres with a line thickness of at least 4 centimetres. For ►M1  Union fishing vessels ◄ of 17 metres length overall or more, the height of the letters and numbers shall be at least 45 centimetres, with a line thickness of at least 6 centimetres;

(c) 

the flag Member State may require the international radio call sign (IRCS) or the external registration letters and numbers to be painted on top of the wheelhouse, so as to be clearly visible from the air, in a colour contrasting with the ground on which it is painted;

(d) 

the contrasting colours shall be white and black;

(e) 

the external registration letters and numbers painted or displayed on the hull of the ►M1  Union fishing vessel ◄ shall not be removable, effaced, altered, illegible, covered or concealed.

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As from 1 January 2016, the International Maritime Organisation ship identification number scheme, as adopted by Resolution A.1078(28) on 4 December 2013 and as referred to in Chapter XI-1, Regulation 3 of the 1974 SOLAS Convention, shall apply to:

(a) 

Union fishing vessels or fishing vessels controlled by Union operators under a chartering arrangement, of 100 tons of Gross Tonnage or 100 tons of Gross Registered Tonnage and above, or 24 metres length overall and above, operating exclusively inside Union waters;

(b) 

all Union fishing vessels or fishing vessels controlled by Union operators under a chartering arrangement, of 15 metres length overall and above, operating outside Union waters;

(c) 

all third country fishing vessels authorised to carry out fishing activities in Union waters.

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Article 7

Documents carried on board a ►M1  Union fishing vessel ◄

1.  

The master of a ►M1  Union fishing vessel ◄ of 10 metres length overall or more shall carry on board documents, issued by a competent authority of the Member State in which it is registered, showing at least the following elements of the vessel:

(a) 

the name if any;

(b) 

the letters of the port or district in which it is registered, and the number(s) under which it is registered;

(c) 

the international radio call sign, if any;

(d) 

the names and addresses of the owner(s) and, where applicable, the charterer(s);

(e) 

the length overall, propulsion engine power, gross tonnage and, for ►M1  Union fishing vessels ◄ which entered into service from 1 January 1987 onwards, date of entry into service.

2.  
On ►M1  Union fishing vessels ◄ of 17 metres length overall or more with fish rooms the master shall keep on board accurate drawings with description of its fish rooms, including the indication of all access points and of their storage capacity in cubic metres.
3.  
The master of an ►M1  Union vessel ◄ with chilled or refrigerated seawater tanks shall keep on board an up-to-date document indicating the calibration of the tanks in cubic metres at 10 centimetre intervals.
4.  
The documents referred to in paragraphs 2 and 3 shall be certified by the competent authority of the flag Member State. Any modification of the characteristics contained in the documents referred to in paragraphs 1 to 3, shall be certified by a competent authority of the flag Member State.
5.  
The documents referred to in this Article shall be presented for the purposes of control and inspection at the request of the officials.

Section 2

Marking and identification of fishing gear and crafts

Article 8

Marking of crafts and fish aggregating devices

Any craft carried on board ►M1  Union fishing vessels ◄ and fish aggregating devices shall be marked with external registration letters and numbers of the ►M1  Union fishing vessel(s) ◄ which use them.

Article 9

General rules for passive gear and beam trawls

1.  
The provisions contained in Articles 9 to 12 of this Regulation shall apply to ►M1  Union fishing vessels ◄ fishing in all ►M1  Union waters ◄ and the provisions contained in Articles 13 to 17 of this Regulation to ►M1  Union waters ◄ outside 12 nautical miles measured from the base lines of the coastal Member States.
2.  
It shall be prohibited in ►M1  Union waters ◄ as set down in paragraph 1 to carry out fishing activities with passive gear, buoys, and beam trawls, which are not marked and identifiable in accordance with the provisions of Articles 10 to 17 of this Regulation.
3.  

It shall be prohibited in ►M1  Union waters ◄ as set down in paragraph 1 to carry on board:

(a) 

beams of a beam trawl which do not display the external registration letters and numbers in accordance with Article 10 of this Regulation;

(b) 

passive gear which is not labelled in accordance with Article 11(2) of this Regulation;

(c) 

buoys which are not marked in accordance with Article 13(2) of this Regulation.

Article 10

Rules for beam trawls

The master of a ►M1  Union fishing vessel ◄ or his representative shall ensure that each assembled beam trawl carried on board or used for fishing clearly displays the external registration letters and numbers of that fishing vessel on the beam of each beam trawl assembly.

Article 11

Rules for passive gear

1.  
The master of a ►M1  Union fishing vessel ◄ or his representative shall ensure that each passive gear carried on board or used for fishing is clearly marked and identifiable in accordance with the provisions of this Article.
2.  

Each passive gear used for fishing shall permanently display the external registration letters and numbers displayed on the hull of the fishing vessel to which it belongs:

(a) 

for nets, on a label attached to the upper first row;

(b) 

for lines and long lines, on a label at the point of contact with the mooring buoy;

(c) 

for pots and traps, on a label attached to the ground rope;

(d) 

for passive gear extending more than 1 nautical mile, on labels attached in accordance with (a), (b) and (c) at regular intervals not exceeding 1 nautical mile so that no part of the passive gear extending more than 1 nautical mile shall be left unmarked.

Article 12

Rules for labels

1.  

Each label shall be:

(a) 

made of durable material;

(b) 

securely fitted to the gear;

(c) 

at least 65 millimetres broad;

(d) 

at least 75 millimetres long.

2.  
The label shall not be removable, effaced, altered, illegible, covered or concealed.

Article 13

Rules for buoys

1.  
The master of a ►M1  Union fishing vessel ◄ or his representative shall ensure that two end marker buoys and intermediary marker buoys, rigged in accordance with Annex IV, are fixed to each passive gear used for fishing and are deployed in accordance with the provisions of this Section.
2.  

Each end marker buoy and intermediary buoy shall display the external registration letters and numbers displayed on the hull of the ►M1  Union fishing vessel ◄ to which they belong and which has deployed such buoys as follows:

(a) 

letters and numbers shall be displayed as high above the water as possible so as to be clearly visible;

(b) 

in a colour contrasting with the surface on which they are displayed.

3.  
The letters and numbers displayed on the marker buoy shall not be effaced, altered or allowed to become illegible.

Article 14

Rules for cords

1.  
The cords linking the buoys to the passive gear shall be of submersible material, or shall be weighted down.
2.  
The cords linking the end marker buoys to each gear shall be fixed at the ends of that gear.

Article 15

Rules for end marker buoys

1.  
End marker buoys shall be deployed so that each end of the gear may be determined at any time.
2.  
The mast of each end marker buoy shall have a height of at least 1 metre above the sea level measured from the top of the float to the lower edge of the bottom most flag.
3.  
End marker buoys shall be coloured, but may not be red or green.
4.  

Each end marker buoy shall include:

(a) 

one or two rectangular flag(s); where two flags are required on the same buoy, the distance between them shall be at least 20 centimetres flags indicating the extremities of the same gear shall be of the same colour and may not be white and shall be of the same size;

(b) 

one or two light(s), which shall be yellow and give one flash each 5 seconds (F1 Y 5s), and be visible from a minimum distance of 2 nautical miles.

5.  
Each end marker buoy may include a top sign on the top of the buoy with one or two striped luminous bands which shall be neither red nor green and shall be at least 6 centimetres broad.

Article 16

Rules for fixing of end marker buoys

1.  

End marker buoys shall be fixed to passive gear in the following way:

(a) 

the buoy in the western sector (meaning the half compass circle from south through west to and including north) shall be rigged with two flags, two striped luminous bands, two lights and a label in accordance with Article 12 of this Regulation;

(b) 

the buoy in the eastern sector (meaning the half compass circle from north through east to and including the south) shall be rigged with one flag one striped luminous band, one light and a label in accordance with Article 12 of this Regulation.

2.  
The label shall contain the information contained in Article 13(2) of this Regulation.

Article 17

Intermediary marker buoys

1.  

Intermediary marker buoys shall be fixed to passive gear extending more than 5 nautical miles as follows:

(a) 

intermediary marker buoys shall be deployed at distances of not more than 5 nautical miles so that no part of the gear extending 5 nautical miles or more shall be left unmarked;

(b) 

intermediary marker buoys shall be fitted with a flashing light which shall be yellow and give one flash every 5 seconds (F1 Y 5s) and be visible from a minimum distance of 2 nautical miles. They shall have the same characteristics as those of the end marker buoy in the eastern sector, except that the flag shall be white.

2.  
By derogation from paragraph 1, in the Baltic Sea intermediary marker buoys shall be fixed to passive gear extending more than 1 nautical mile. Intermediary marker buoys shall be deployed at distances of not more than 1 nautical mile so that no part of the gear extending 1 nautical mile or more shall be left unmarked.

Intermediary marker buoys shall have the same characteristics as those of the end marker buoy in the eastern sector except for the following:

(a) 

the flags shall be white;

(b) 

every fifth intermediary marker buoys shall be fitted with a radar reflector giving an echo of at least 2 nautical miles.

CHAPTER IV

Vessel monitoring system

Article 18

Requirement of satellite-tracking devices on ►M1  Union fishing vessels ◄

1.  
Without prejudice to Article 25(3) of this Regulation a ►M1  Union fishing vessel ◄ subject to VMS shall not be allowed to leave a port without a fully operational satellite-tracking device installed on board.
2.  

When a ►M1  Union fishing vessel ◄ is in port, the satellite-tracking device may only be switched off if:

(a) 

prior notification has been given to the fisheries monitoring centre (FMC) of the flag Member State and the FMC of the coastal Member State; and

(b) 

providing that the next report shows that the ►M1  Union fishing vessel ◄ has not changed its position in relation to the previous report.

The competent authorities of the flag Member State may allow to replace the prior notification referred to in (a) with an automatic VMS message or alarm generated by the system, indicating that the ►M1  Union fishing vessel ◄ is within a pre-defined geographical area of a port.

3.  
This Chapter shall not apply to ►M1  Union fishing vessels ◄ used exclusively for the exploitation of aquaculture.

Article 19

Characteristics of satellite-tracking devices

1.  

The satellite-tracking device installed on board ►M1  Union fishing vessels ◄ shall ensure the automatic transmission to the FMC of the flag Member State, at regular intervals, of data relating to:

(a) 

the fishing vessel identification;

(b) 

the most recent geographical position of the fishing vessel, with a position error which shall be less than 500 metres, with a confidence interval of 99 %;

(c) 

the date and time (expressed in Coordinated Universal Time (UTC)) of the fixing of the said position of the fishing vessel; and

(d) 

the instant speed and course of the fishing vessel.

2.  
Member States shall ensure that satellite-tracking devices are protected against input or output of false positions and cannot be manually over-ridden.

Article 20

Responsibilities of the masters concerning the satellite-tracking devices

1.  
The masters of a ►M1  Union fishing vessel ◄ shall ensure that the satellite-tracking devices are fully operational at all times and that the data referred to in Article 19(1) of this Regulation are transmitted.
2.  

Without prejudice to Article 26(1) of this Regulation, the master of a ►M1  Union fishing vessel ◄ shall ensure in particular that:

(a) 

the data are not altered in any way;

(b) 

the antenna or the antennas connected to the satellite tracking devices are not obstructed, disconnected or blocked in any way;

(c) 

the power supply of the satellite-tracking devices is not interrupted in any way; and

(d) 

the satellite-tracking device is not removed from the fishing vessel.

3.  
It shall be prohibited to destroy, damage, render inoperative or otherwise interfere with the satellite-tracking device unless the competent authorities of the flag Member State have authorised its repair or replacement.

Article 21

Control measures to be adopted by flag Member States

Each flag Member State shall ensure the continuous and systematic monitoring and control of the accuracy of the data referred to in Article 19 of this Regulation, and shall act promptly whenever data are found to be inaccurate or incomplete.

Article 22

Frequency of data transmission

1.  
Each Member State shall ensure that its FMC receives, at least once every 2 hours, through the VMS the information referred to in Article 19 of this Regulation concerning its fishing vessels. The FMC may require the information at shorter time intervals.
2.  
The FMC shall have the capacity of polling the actual position of each of its fishing vessel.

Article 23

Monitoring of entry into and exit from specific areas

Each Member State shall ensure that through VMS data its FMC monitors, as regards its fishing vessels, date and time of entry into and exit from:

(a) 

any maritime area where specific rules on access to waters and resources apply;

(b) 

fishing restricted areas referred to in Article 50 of the Control Regulation;

(c) 

regulatory areas of the Regional Fisheries Management Organisations to which the European Union or certain Member States are a party;

(d) 

waters under the sovereignty and jurisdiction of a third country.

Article 24

Transmission of data to the coastal Member State

▼M1

1.  
The FMC of each flag Member State shall ensure the automatic transmission to the FMC of a coastal Member State of the data provided in accordance with Article 19 of this Regulation concerning its fishing vessels during the time they are in the waters of the coastal Member State. Such data shall be forwarded to the FMC of the coastal State immediately after the receipt at the FMC of the flag Member State.

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2.  
Coastal Member States monitoring jointly an area may specify a common destination for the transmission of the data to be provided in accordance with Article 19 of this Regulation. They shall inform the Commission and the other Member States thereof.
3.  
Each Member State shall transmit to the other Member States and the Commission in a, where possible electronic, format compatible with the World Geodetic System 1984 (WGS 84) a comprehensive list of the latitude and longitude coordinates which delineate its exclusive economic zone or exclusive fishery zone. It shall also communicate to the other Member States and the Commission any changes of these coordinates. Alternatively Member States may publish this list on the website referred to in Article 115 of the Control Regulation.
4.  
Member States shall ensure effective coordination between their competent authorities regarding the transmission of VMS data in accordance with Article 9(3) of the Control Regulation, including through the establishment of clear and documented procedures for this purpose.

Article 25

Technical failure or non-functioning of the satellite-tracking device

1.  
In the event of a technical failure or non-functioning of the satellite-tracking device fitted on board a ►M1  Union fishing vessel ◄ , the master or his representative shall, starting from the time that the event was detected or from the time that he was informed in accordance with paragraph 4 or Article 26(1) of this Regulation, communicate every 4 hours, to the FMC of the flag Member State the up-to-date geographical coordinates of the fishing vessel by appropriate telecommunication means. Member States shall decide on the telecommunication means to be used and indicate them on the website referred to in Article 115 of the Control Regulation.
2.  
The FMC of the flag Member State shall enter the geographical positions referred to in paragraph 1 into the VMS database without delay on their receipt. The manual VMS data shall be clearly distinguishable in a database from automatic messages. Where appropriate, those manual VMS data shall be transmitted without delay to coastal Member States.
3.  
Following a technical failure or non-functioning of the satellite-tracking device, a ►M1  Union fishing vessel ◄ may only leave port once the satellite-tracking device fitted on board is fully functioning to the satisfaction of the competent authorities of the flag state. By derogation the FMC of the flag Member State may authorise its fishing vessels to leave the port with a non-functioning satellite-tracking device for its repair or replacement.
4.  
The competent authorities of the flag Member State or, where appropriate, of the coastal Member State shall seek to inform the master of or the person responsible for the vessel or their representative when the satellite-tracking device fitted on board a ►M1  Union fishing vessel ◄ appears to be defective or not fully functioning.
5.  
The removal of the satellite-tracking device for repair or replacement shall be subject to the approval of the competent authorities of the flag Member State.

Article 26

Non-receipt of data

1.  
When the FMC of a flag Member State has not received data transmissions in accordance with Article 22 or Article 25(1) of this Regulation for 12 consecutive hours it shall notify the master or the operator of the ►M1  Union fishing vessel ◄ or their representative(s) thereof as soon as possible. If, in respect of an EU particular fishing vessel, that situation occurs more than three times within a period of a calendar year, the flag Member State shall ensure that the satellite-tracking device of the fishing vessel is thoroughly checked. The flag Member State shall investigate the matter in order to establish whether the equipment has been tampered with. By way of derogation from Article 20(2)(d) of this Regulation, that investigation may entail the removal of such equipment for examination.
2.  
When the FMC of a flag Member State has not received data transmissions for 12 hours in accordance with Article 22 or Article 25(1) of this Regulation and the last received position was from within the waters of another Member State it shall notify the FMC of that coastal Member State thereof as soon as possible.
3.  
When the competent authorities of a coastal Member State observe a ►M1  Union fishing vessel ◄ in its waters and have not received data in accordance with Article 24(1) or 25(2) of this Regulation, they shall notify the master of the fishing vessel and the FMC of the flag Member State thereof.

Article 27

Monitoring and recording of the fishing activities

1.  
Member States shall use the data received pursuant to Article 22, Article 24(1) and Article 25 of this Regulation for the effective monitoring of the activities of fishing vessels.
2.  

Flag Member States shall:

(a) 

ensure that data received according to this Chapter are recorded in computer-readable form and safely stored in computerised databases for at least 3 years;

(b) 

take all necessary measures to ensure that they are only used for official purposes; and

(c) 

take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation.

▼M1

Article 28

Access to data by the Commission

The Commission may request Member States in accordance with Article 111(1)(a) of the Control Regulation to ensure the automatic transmission, to the Commission or to the body designated by it, of the data provided in accordance with Article 19 of this Regulation concerning a specific group of fishing vessels and during a specific time. Such data shall be forwarded to the Commission or to the body designated by it immediately after the receipt at the FMC of the flag Member State.

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TITLE III

CONTROL OF FISHERIES

CHAPTER I

Fishing logbook, transhipment declaration and landing declaration in paper format

Section 1

Completion and submission of a fishing logbook, landing declaration and transhipment declaration in paper format

Article 29

►M1  Union fishing vessels ◄ subject to the completion and submission of a fishing logbook and transhipment/landing declaration in paper format

1.  
Without prejudice to specific provisions contained in multi-annual plans, the master of a ►M1  Union fishing vessel ◄ of 10 metres length overall or more that is not subject to the electronic completion and transmission of fishing logbook data, transhipment declarations and landing declarations, shall complete and submit the fishing logbook data, transhipment declarations and landing declarations referred to in Articles 14, 21 and 23 of the Control Regulation in paper format. These transhipment declarations and landing declarations may also be completed and submitted by the representative of the master on his behalf.
2.  
The requirement to complete and submit the fishing logbook data, transhipment declarations and landing declarations in paper format shall also apply to ►M1  Union fishing vessels ◄ whose length overall is less than 10 metres when they are required by their flag Member State to keep a fishing logbook and submit transhipment and/or landing declarations in accordance with Articles 16(3) and 25(3) of the Control Regulation.

▼M1

Article 30

Models for fishing log-books, transhipment declarations and landing declarations in paper format

1.  
In Union waters, the fishing logbook, transhipment declaration and landing declaration in paper format shall be completed and submitted by masters of Union fishing vessels in accordance with the model in Annex VI.
2.  
By way of the derogation from paragraph 1, for Union fishing vessels carrying out daily fishing trips in Mediterranean Sea, the fishing logbook, transhipment declaration and landing declaration in paper format may be completed and submitted by masters of Union fishing vessels in accordance with the model in Annex VII.
3.  
When Union fishing vessels are carrying out fishing activities in the waters of a third country, in waters regulated by a Regional Fisheries Management Organisation or in waters outside Union waters not regulated by a Regional Fisheries Management Organisation, the fishing logbook, transhipment declaration and landing declaration in paper format shall be completed and submitted by masters of Union fishing vessels in accordance with Article 31 of this Regulation and the models in Annexes VI and VII, unless the third country or the rules of the Regional Fisheries Management Organisation concerned specifically require the use of a different kind of fishing logbook, transhipment declaration or landing declaration. If the third country does not specify a particular fishing logbook, transhipment declaration or landing declaration, but does require data elements different from those required by the Union rules, such data elements shall be recorded.
4.  
Masters of Union fishing vessels not subject to Article 15 of the Control Regulation may continue to use until 31 December 2017, paper format for fishing logbook, transhipment declaration and landing declaration printed prior to 1 January 2016.

▼B

Article 31

Instructions for the completion and submission of fishing logbooks, transhipment declarations and landing declarations in paper format

1.  
The fishing logbook, transhipment declaration and landing declaration in paper format shall be completed and submitted in accordance with the instructions set out in Annex X.
2.  
Where the instructions set out in Annex X state that the application of a rule is optional, the flag Member State may make it mandatory.
3.  
All entries in the fishing logbook, transhipment declaration or landing declaration shall be legible and indelible. No entry shall be erased or altered. If a mistake is made the incorrect entry shall be crossed out with a single line and the new correct entry shall be written and initialled by the master. Each line shall be initialled by the master.
4.  
The master of the ►M1  Union fishing vessel ◄ or, for transhipment declarations and landing declarations, his representative shall certify with his initials or signature that the entries in the fishing logbook, transhipment declaration and landing declaration are correct.

Article 32

Deadlines for the submission of a fishing logbook, transhipment declaration and a landing declaration in paper format

1.  
When a ►M1  Union fishing vessel ◄ has made a landing in a port or a transhipment in a port or in a place close to the shore of its flag Member State, its master shall submit the original(s) of the fishing logbook, transhipment declaration and landing declaration as soon as possible and not later than 48 hours after completion of transhipment or landing to the competent authorities of the Member State concerned. The original(s) of such a transhipment declaration and landing declaration may also be submitted by the representative of the master on his behalf.
2.  
When no catches are landed after a fishing trip, the master shall submit the original(s) of the fishing logbook and transhipment declaration as soon as possible and not later than 48 hours after arrival in port. The original(s) of such a transhipment declaration may also be submitted by the representative of the master on his behalf.
3.  
When a ►M1  Union fishing vessel ◄ has made a transhipment in a port or in a place close to the shore or a landing in a port of a Member State other than its flag Member State, it shall submit the first copy (copies) of the fishing logbook, transhipment declaration and landing declaration as soon as possible and not later than 48 hours after transhipment or landing to the competent authorities of the Member State in which the transhipment or landing takes place. The original(s) of the fishing logbook, transhipment declaration and landing declaration shall be dispatched as soon as possible and not later than 48 hours after transhipment or landing to the competent authorities of the flag Member State.
4.  
When a ►M1  Union fishing vessel ◄ has made a transhipment in a port or in the waters of a third country or on the high seas or a landing in a port of a third country, it shall dispatch the original(s) of the fishing logbook, transhipment declaration and landing declaration as soon as possible and not later than 48 hours after the transhipment or landing to the competent authorities of the flag Member State.
5.  
When a third country or the rules of a Regional Fisheries Management Organisation require a different kind of fishing logbook, transhipment declaration or landing declaration from the one in Annex VI the master of the ►M1  Union fishing vessel ◄ shall submit a copy of that document to his competent authorities as soon as possible and not later than 48 hours after transhipment or landing.

Section 2

Specific rules for the fishing logbook in paper format

Article 33

Completion of fishing logbook in paper format

1.  

The paper fishing logbook shall be completed with all obligatory information even when there are no catches:

(a) 

daily by not later than 24.00 and before entering the port;

(b) 

at the time of any inspection at sea;

(c) 

at the time of events defined in the Community legislation or by the flag Member State.

2.  

A new line in the paper fishing logbook shall be filled in:

(a) 

for each day at sea;

(b) 

when fishing in a new ICES Division or another fishing zone the same day;

(c) 

when entering fishing effort data.

3.  

A new page in the paper fishing logbook shall be filled in:

(a) 

when using different gear, or a net of a different mesh size range, to that of the previous gear used;

(b) 

for any fishing done after a transhipment or an intermediate landing;

(c) 

if the number of columns is insufficient;

(d) 

on departure from a port when no landing has taken place.

4.  
On departure from a port, or following completion of a transhipment operation, and when catches remain on board, the quantities of each species shall be indicated on a new fishing logbook page.
5.  
The codes given in Annex XI shall apply to indicate, under the appropriate headings of the paper format fishing logbook, the fishing gear used.

Section 3

Specific rules for the transhipment declaration and landing declaration in paper format

Article 34

Handing over of a transhipment declaration in paper format

1.  
In the case of a transhipment operation between two ►M1  Union fishing vessels ◄ on completion of a transhipment operation the master of the transhipping fishing vessel or his representative shall hand over a copy of his vessel’s paper transhipment declaration to the master of the receiving vessel or his representative. The master of the receiving vessel or his representative on completion of transhipment operation shall also hand over a copy of his vessel’s paper transhipment declaration to the master of the transhipping vessel or his representative.
2.  
The copies referred to in paragraph 1 shall be presented for the purposes of control and inspection at the request of an official.

Article 35

Signing of the landing declaration

Each page of the landing declaration shall be signed prior to submission by the master or his representative.

CHAPTER II

Fishing logbook, landing declaration and transhipment declaration in electronic format

Section 1

Completion and transmission of a fishing logbook, landing declaration and transhipment declaration data in electronic format

Article 36

Requirement of electronic recording and reporting system on ►M1  Union fishing vessels ◄

1.  
Without prejudice to Article 39(4) of this Regulation a ►M1  Union fishing vessel ◄ subject to electronic completion and transmission of fishing logbook, transhipment declaration and landing declaration in accordance with Articles 15, 21 and 24 of the Control Regulation shall not be allowed to leave port without a fully operational electronic recording and reporting system installed on board.
2.  
This Chapter shall not apply to ►M1  Union fishing vessels ◄ used exclusively for the exploitation of aquaculture.

Article 37

Format for transmission of data from a ►M1  Union fishing vessel ◄ to the competent authority of its flag State

Member States shall determine the format to be used between ►M1  Union fishing vessels ◄ flying their flags and their competent authorities for the completion and transmission of fishing logbook, transhipment declaration and landing declaration data as referred to in Articles 15, 21 and 24 of the Control Regulation.

▼M1

The fishing logbook, transhipment declaration and landing declaration in electronic format shall be completed in accordance with the instructions set out in Annex X.

▼B

Article 38

Return messages

1.  
Return messages shall be issued to the ►M1  Union fishing vessels ◄ for each transmission of fishing logbook, transhipment, prior notification and landing data. The return message shall contain an acknowledgement of receipt.
2.  
The master of a ►M1  Union fishing vessel ◄ shall retain the return message until the end of the fishing trip.

Article 39

Provisions in the event of technical failure or non-functioning of electronic recording and reporting systems

1.  
In the event of a technical failure or non-functioning of the electronic recording and reporting system fitted on board a ►M1  Union fishing vessel ◄ , the master of the fishing vessel or his representative shall, starting from the time that the event was detected or from the time that he was informed in accordance with Article 40(1) of this Regulation, communicate fishing logbook, transhipment declaration and landing declaration data to the competent authorities of the flag Member State by appropriate telecommunications means on a daily basis and no later than 24.00 even when there are no catches. Member States shall decide on the telecommunication means to be used and indicate them on the website referred to in Article 115 of the Control Regulation.
2.  

In the event of a technical failure or non-functioning of the electronic recording and reporting system fishing logbook and transhipment declaration data shall also be sent:

(a) 

at the request of the competent authority of the flag State;

(b) 

immediately after the last fishing operation or after the transhipment has been completed;

(c) 

before entering into port;

(d) 

at the time of any inspection at sea;

(e) 

at the time of events defined in Community legislation or by the flag State.

Prior notification and landing declaration data shall also be sent in the cases referred to in (a) and (e).

3.  
The competent authorities of the flag Member State shall enter the data referred to in paragraph 1 into the electronic data base without delay on their receipt.
4.  
Following a technical failure or non-functioning of its electronic recording and reporting system, a ►M1  Union fishing vessel ◄ may only leave port once the recording and reporting system fitted on board is fully functioning to the satisfaction of the competent authorities of the flag Member State or is otherwise authorised to leave by the competent authorities of the flag Member State. The flag Member State shall immediately notify the coastal Member State when it has authorised one of its fishing vessels to leave a port in the coastal Member State with a non-functioning electronic recording and reporting system.
5.  
The removal of the electronic recording and reporting system for repair or replacement shall be subject to the approval of the competent authorities of the flag Member State.

Article 40

Non-receipt of data

1.  
When the competent authorities of a flag Member State have not received data transmissions in accordance with Articles 15, 22 and 24 of the Control Regulation they shall notify the master or the operator of the ►M1  Union fishing vessel ◄ or their representative(s) thereof as soon as possible. If, in respect of a particular ►M1  Union fishing vessel ◄ or their representative, that situation occurs more than three times within a period of calendar year, the flag Member State shall ensure that the electronic recording and reporting system of the fishing vessel is thoroughly checked. The flag Member State shall investigate the matter in order to establish why data have not been received and shall take appropriate measures.
2.  
When the competent authorities of a flag Member State have not received data transmissions in accordance with Articles 15, 22 and 24 of the Control Regulation and the last position received through the Vessel Monitoring System was from within the waters of a coastal Member State they shall notify the competent authorities of that coastal Member State thereof as soon as possible.
3.  
The master or the operator of the ►M1  Union fishing vessel ◄ or their representative shall send all data which have not yet been transmitted and for which a notification was received in accordance with paragraph 1 to the competent authorities of the flag Member State immediately on receipt of the notification.

Article 41

Data access failure

1.  
When the competent authorities of a coastal Member State observe a ►M1  Union fishing vessel ◄ of another Member State in their waters and cannot access fishing logbook or transhipment data in accordance with Article 44 of this Regulation they shall request the competent authorities of the flag Member State to ensure access to those data.
2.  
If the access referred to in paragraph 1 is not ensured within 4 hours of the request, the coastal Member State shall notify the flag Member State. On receipt of the notification the flag Member State shall immediately send the data to the coastal Member State by any available electronic means.
3.  
If the coastal Member State does not receive the data referred to in paragraph 2, the master or operator of the ►M1  Union fishing vessel ◄ or their representative shall send the data and a copy of the return message referred to in Article 38 of this Regulation to the competent authorities of the coastal Member State on request and by any available, if possible electronic, means. Member States shall decide on the means to be used and shall indicate them on the website referred to in Article 115 of the Control Regulation.
4.  
If the master or the operator of the ►M1  Union fishing vessel ◄ or their representative can not provide the competent authorities of the coastal Member State with a copy of the return message referred to in Article 38 of this Regulation, fishing activities in the waters of the coastal Member State by the fishing vessel concerned shall be prohibited until the master, the operator of the fishing vessel or his representative can provide a copy of the return message or information referred to in Article 14(1) of the Control Regulation to the said authorities.

Article 42

Data on the functioning of the electronic recording and reporting system

1.  

Member States shall maintain databases on the functioning of their electronic recording and reporting system. Those databases shall contain at least and be capable to generate automatically the following information:

(a) 

the list of their fishing vessels whose electronic recording and reporting systems have experienced technical failure or have failed to function;

(b) 

the number of vessels that have not made daily electronic fishing logbook transmissions and the average number of electronic fishing logbook transmissions received per fishing vessel, broken down by flag Member State;

(c) 

the number of transhipment declaration, landing declaration, takeover declaration and sales note transmissions received, broken down by flag Member State.

2.  
Summaries of information generated according to paragraph 1 shall be sent to the Commission at its request. Alternatively this information may also be made available on the secure website in a format and at time intervals to be decided by the Commission after consultation with Member States.

▼M1

Article 43

Mandatory data in the exchange of information between Member States

Data elements that must be recorded by masters of Union fishing vessels in the fishing logbook, transhipment declaration, prior notification and landing declaration according to Union rules shall also be mandatory in exchanges between Member States.

Article 44

Access to data

1.  
When a fishing vessel, flying the flag of a Member State, conducts fishing operations in the Union waters of a coastal Member State, the flag State shall immediately upon receipt forward the mandatory electronic fishing logbook data of the current fishing trip, starting with the last departure from port, to that coastal Member State.
2.  
As long as a fishing vessel flying the flag of a Member State is fishing in the Union waters of another coastal Member State, the flag Member State shall immediately upon receipt forward all the mandatory electronic fishing logbook data to that coastal Member State. The flag Member State shall also forward the corrections related to the current fishing trip as referred to in Article 47(2) of this Regulation.
3.  
When a landing or transhipment operation takes place in a port of another coastal Member State than the flag Member State, the flag Member State shall immediately upon receipt forward all the mandatory electronic landing or transhipment declaration data to that coastal Member State.
4.  
When a flag Member State is notified that a fishing vessel flying its flag intends to enter into a port of another coastal Member State, the flag Member State shall immediately upon receipt forward the electronic prior notification to that coastal Member State.
5.  
When, on a fishing trip, a fishing vessel flying the flag of a Member State enters into the Union waters of another coastal Member State or when any of the data referred to in paragraph 3 or 4 related to a specific fishing trip have been transmitted to a coastal Member State, the flag Member State shall allow access to all electronic fishing activity data as referred to in Article 111(1) of the Control Regulation for that fishing trip from departure to the time when the landing was completed and shall transmit data on request of that coastal Member State. The access shall remain allowed at least 36 months after the beginning of the fishing trip.
6.  
The flag Member State of a fishing vessel inspected by another Member State in accordance with Article 80 of the Control Regulation shall, on request by the inspecting Member State, transmit the electronic fishing activity data as referred to in Article 111(1) of the Control Regulation for the current fishing trip of the vessel from departure to the time of the request.
7.  
The requests referred to in paragraphs 5 and 6 shall be electronic and shall indicate whether the reply should provide the original data with corrections or only the consolidated data. The reply to the request shall be generated automatically and transmitted without delay by the requested Member State.
8.  
Member States shall allow access to the vessel monitoring system, fishing logbook, transhipment declaration, prior notification and landing declaration data on request by other Member States carrying out inspection activities at sea in the context of joint deployment plans or other agreed joint inspection activities.
9.  
Masters of Union fishing vessels shall have secure access to their own electronic fishing logbook information, transhipment declaration data, prior notification data and landing declaration data stored in the database of the flag Member State at any time.

Article 45

Exchange of data between Member States

Member States shall:

(a) 

ensure that data received according to this Chapter are recorded in computer-readable form and safely stored in computerised databases for at least 3 years;

(b) 

take all necessary measures to ensure that the data are only used for purposes as provided for in this Regulation; and

(c) 

take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation.

▼B

Article 46

Single authority

1.  
In each Member State, the single authority referred to in Article 5(5) of the Control Regulation shall be responsible for transmitting, receiving, managing and processing all data covered by this Chapter.
2.  
Member States shall exchange contact details of the authorities referred to in paragraph 1 and shall inform the Commission and the body designated by it thereof within 3 months after the entry into force of this Regulation.
3.  
Any changes in the information referred to in paragraphs 1 and 2 shall be communicated to the Commission, the body designated by it and other Member States before they become effective.

Section 2

Specific rules for the fishing logbook in electronic format

Article 47

Frequency of transmission

1.  

When at sea the master of a ►M1  Union fishing vessel ◄ shall transmit the electronic fishing logbook information to the competent authorities of the flag Member State at least once a day and no later than 24.00 even when there are no catches. He shall also send such data:

(a) 

at the request of the competent authority of the flag Member State;

(b) 

immediately after the last fishing operation has been completed;

(c) 

before entering into port;

(d) 

at the time of any inspection at sea;

(e) 

at the time of events defined in EU legislation or by the flag State.

When the last fishing operation took place not more than 1 hour before the entry into port the transmissions referred to in (b) and (c) may be sent in a single message.

▼M1

1a.  
The master of a Union fishing vessel shall send an electronic departure message to the competent authorities of the flag Member State before leaving port and before starting any other electronic transmission related to the fishing trip.

▼B

2.  
The master may transmit corrections to the electronic fishing logbook and transhipment declaration data up to the last transmission referred to in paragraph 1(c). Corrections shall be easily identifiable. All original electronic fishing logbook data and corrections to those data shall be stored by the competent authorities of the flag Member State.
3.  
The master shall keep a copy of the information referred to in paragraph 1 on board the fishing vessel for the duration of each absence from port and until the landing declaration has been submitted.
4.  
When a ►M1  Union fishing vessel ◄ is in port, does not carry fishery products on board and the master has submitted the landing declaration for all fishing operations on the last fishing trip, transmission in accordance with paragraph 1 of this Article may be suspended subject to prior notification to the FMC of the flag Member State. Transmission shall be resumed when the ►M1  Union fishing vessel ◄ leaves the port. Prior notification is not required for ►M1  Union fishing vessels ◄ equipped with and transmitting data via VMS.

CHAPTER III

Common rules for fishing logbooks, transhipment declarations and landing declarations in paper or electronic format

Section 1

Common rules for the determination of live weight

Article 48

Definitions

For the purpose of this Chapter the following definitions shall apply:

(1) 

‘presentation’ means the form into which the fish is processed while on board of the fishing vessel and prior to landing, as described in Annex I;

(2) 

‘collective presentation’ means a presentation consisting of two or more parts extracted from the same fish.

Article 49

Conversion factors

1.  
For the completion and submission of fishing logbooks as referred to in Articles 14 and 15 of the Control Regulation the EU conversion factors set out in Annexes XIII, XIV and XV shall apply to convert stored or processed fish weight into live fish weight. They shall apply to fisheries products on board or transhipped or landed by ►M1  Union fishing vessels ◄ .
2.  
By way of derogation from paragraph 1, where Regional Fisheries Management Organisations, of which the European Union is a contracting party or cooperating non-contracting party, for its regulatory area or a third country with whom the European Union has an agreement to fish, for the waters under its sovereignty or jurisdiction, have established conversion factors, those factors shall apply.
3.  
Where no conversion factors as referred to in paragraphs 1 and 2 exist for a given species and presentation, the conversion factor adopted by the flag Member State shall apply.
4.  
Without prejudice to paragraph 2 the competent authorities of Member States shall use the EU conversion factors referred to in paragraph 1 when calculating the live weight of transhipments and landings in order to monitor the quota uptake.

Article 50

Calculation method

1.  
The fish live weight shall be obtained by multiplying the fish processed weight by the conversion factors referred to in Article 49 of this Regulation for each species and presentation.
2.  
In case of collective presentations, only one conversion factor corresponding to one of the parts of the collective presentation of a fish shall be used.

Section 2

Common rules for the completion and submission of the Fishing logbook

Article 51

General rules for fishing logbooks

1.  
The margin of tolerance referred to in Article 14(3) of the Control Regulation for the estimation of quantities in kilograms live weight of each species retained on board shall be expressed as a percentage of the fishing logbook figures.
2.  
For catches which are to be landed unsorted the margin of tolerance may be calculated on the basis of one or more representative samples for the total quantities kept on board.
3.  
For the purpose of the application of Article 14 of the Control Regulation species caught for live bait shall be considered as a species caught and kept on board.
4.  
The master of a ►M1  Union fishing vessel ◄ crossing an effort zone where it is authorised to fish shall record and report the information referred to in Article 14(5) of the Control Regulation as applicable even if he does not carry out any fishing activities in that zone.

Section 3

Common rules for the completion and submission of transhipment/landing declarations

Article 52

Margin of tolerance in the transhipment declaration

The margin of tolerance referred to in Article 21(3) of the Control Regulation for the estimation of quantities in kilograms live weight of each species transhipped or received shall be expressed as a percentage of the transhipment declaration figures.

Article 53

Difference in transhipped catches

When a difference exists between the quantities of catches transhipped from the transhipping vessel and the quantities taken on board by the receiving vessel the higher quantity shall be considered to have been transhipped. Member States shall ensure that follow up action is taken to determine the actual weight of fishery products transhipped between the transhipping and the receiving vessel.

Article 54

Completion of landing operation

When, in accordance with Article 61 of the Control Regulation, the fisheries products are transported from the place of landing before they have been weighed, the landing operation shall be regarded to have been completed for the purpose of the application of Articles 23(3) and 24(1) of the Control Regulation when the fisheries products have been weighed.

Article 55

Fishing Operations involving two or more ►M1  Union fishing vessels ◄

Without prejudice to special rules in the case of fishing operations involving two or more ►M1  Union fishing vessels ◄ :

— 
from different Member States, or
— 
from the same Member State but where the catches are landed in a Member States of which they do not fly the flag,

the landed catch shall be attributed to the ►M1  Union fishing vessel ◄ landing the fisheries products.

CHAPTER IV

Sampling plans and collection of data on ►M1  Union fishing vessels ◄ not subject to fishing logbook and landing declaration requirements

Article 56

Establishment of sampling plans

The sampling plans referred to in Articles 16(2) and 25(2) of the Control Regulation for the monitoring of ►M1  Union fishing vessels ◄ not subject to fishing logbook and landing declaration requirements shall be established by Member States in accordance with this Chapter to determine the landings of a stock or group of stocks taken by such fishing vessels and, where appropriate, their fishing effort. These data shall be used for the recording of catches and, where appropriate, fishing effort as referred to in Article 33 of the Control Regulation.

Article 57

Sampling methodology

1.  
The sampling plans referred to in Article 56 of this Regulation shall be drawn up in accordance with Annex XVI.
2.  

The size of the sample to be inspected shall be determined on the basis of risk as follows:

(a) 

‘very low’ risk: 3 % of the sample;

(b) 

‘low’ risk: 5 % of the sample;

(c) 

‘medium’ risk: 10 % of the sample;

(d) 

‘high’ risk: 15 % of the sample;

(e) 

‘very high’ risk: 20 % of the sample.

3.  
Catches per day of a fleet sector for a given stock shall be estimated by multiplying the total number of active ►M1  Union fishing vessels ◄ of the fleet sector concerned with the average daily catch per given stock per ►M1  Union fishing vessel ◄ based on the catches of the sample of the ►M1  Union fishing vessels ◄ inspected.
►C1  

Member States shall be considered to have met the requirement of a sampling plan as referred to in Article 56 of this Regulation if they collect systematically on at least a monthly basis for each of their fishing vessels not subject to fishing logbook and landing declaration requirements data:

(a) 

on all landings of catches of all species in kilogram, including zero landings;

(b) 

on the statistical rectangles where these catches were taken.

 ◄

CHAPTER V

Control of fishing effort

Article 58

Fishing effort report

1.  
The fishing effort report referred to in Article 28 of the Control Regulation shall be sent in accordance with Annex XVII.
2.  
Where the master of a ►M1  Union fishing vessel ◄ transmits a message to the competent authorities by radio in accordance with Article 28(1) of the Control Regulation, Member States shall decide on the radio stations to be used and indicate them on the website referred to in Article 115 of the Control Regulation.

CHAPTER VI

Corrective measures

Article 59

General principles

In order to benefit from the corrective measures referred to in Article 37 of the Control Regulation, Member States shall notify the Commission as soon as possible and in any case within 1 month of the date of the publication in the Official Journal of a closure of a fishery in accordance with Article 36 of the Control Regulation of the extent of the prejudice suffered.

Article 60

Allocation of available fishing opportunities

▼M1

1.  
When the prejudice has not been removed wholly or in part by action in accordance with Article 16(8) of Regulation (EU) No 1380/2013, the Commission shall, as soon as possible after receiving the information referred to in Article 59 of this Regulation, take the necessary measures with the aim of remedying the prejudice caused.

▼B

2.  

The measure referred to in paragraph 1 shall state:

(a) 

which Member States have suffered prejudice (the prejudiced Member States) and the amount of the prejudice (as reduced by any quota exchanges);

▼M1

(b) 

where applicable, which Member States have exceeded their fishing opportunities (the exceeding Member States) and the amount of the excess of fishing opportunities (as reduced by any exchanges in accordance with Article 16(8) of Regulation (EU) No 1380/2013;

▼B

(c) 

where applicable, the deductions to be made from the fishing opportunities of the exceeding Member States in proportion to the exceeded fishing opportunities;

(d) 

where applicable, the additions to be made to the fishing opportunities of the prejudiced Member States in proportion to the prejudice suffered;

(e) 

where applicable the date or dates on which the additions and deductions shall take effect;

(f) 

where appropriate, any other necessary measure for remedying the prejudice suffered.

CHAPTER VII

Engine power

Article 61

Certification of propulsion engine power

1.  
The certification of the maximum continuous engine power of a new propulsion engine, a replacement propulsion engine and a propulsion engine that has been technically modified, as referred to in Article 40(1) and (2) of the Control Regulation, shall be provided in accordance with Council Regulation (EEC) No 2930/86 ( 4 ).
2.  
A propulsion engine shall be considered to have been technically modified as referred to in paragraph 1 when any of its main components (parts), including but not limited to, injection equipment, valves, turbocharger, pistons, cylinder liners, connecting rods, cylinder heads, have been modified or replaced by new parts with different technical specifications resulting in a modified power rating or when the engine adjustments, such as the injection settings, turbocharger configuration, or the valve timings have been modified. The nature of the technical modification shall be clearly explained in the certification referred to in paragraph 1.
3.  
The holder of a fishing licence shall inform the competent authorities before a new propulsion engine will be installed or before an existing propulsion engine will be replaced or technically modified.
4.  
This Article shall apply to fishing vessels subject to a fishing effort regime as from 1 January 2012. For other fishing vessels it shall apply as from 1 January 2013. It shall only apply to fishing vessels which have had new propulsion engines installed, or whose existing propulsion engines have been replaced or technically modified, after the entry into force of this Regulation.

Article 62

Verification and sampling plan

1.  

For the purpose of verifying the engine power in accordance with Article 41 of the Control Regulation, Member States shall establish a sampling plan for the identification of those fishing vessels or groups of fishing vessels in their fleet with a risk of under-declaration of propulsion engine power. As a minimum, the sampling plan shall be based on following high risk criteria:

(a) 

fishing vessels operating in fisheries that are subject to fishing effort regimes, in particular those fishing vessels to which an individual effort allocation in kW*days has been allocated;

(b) 

fishing vessels subject to limitations of vessel power resulting from national or European Union law;

(c) 

fishing vessels for which the ratio of vessel power (kW) to vessel tonnage (GT) is 50 % lower than the average ratio for the same type of fishing vessel, gear type and target species. For the purpose of that analysis, Member States may divide the fleet according to one or several of the following criteria:

(i) 

fleet segmentation or management units defined in national law;

(ii) 

length categories;

(iii) 

tonnage categories;

(iv) 

gears used;

(v) 

target species.

2.  
Member States may consider additional risk criteria following their own assessment.
3.  
Member States shall draw a list of their fishing vessels which meet one or more of the risk criteria referred to in paragraph 1 and, where appropriate, the risk criteria referred to in paragraph 2.
4.  
From each group of fishing vessels corresponding to one of the risk criteria referred to in paragraphs 1 and 2, Member States shall take a random sample of fishing vessels. The size of the sample shall be equal to the square root rounded to the nearest whole number of fishing vessels in the group concerned.
5.  
For each fishing vessel included in the random sample, Member States shall verify all technical documents as referred to in Article 41(1) of the Control Regulation in their possession. Among the other documents as referred to under letter (g) of Article 41(1) of the Control Regulation, Member States shall pay special attention to the engine maker catalogue specifications, where available.
6.  
This Article shall apply as from 1 January 2012. Physical verifications as referred to in Article 41(2) of the Control Regulation shall prioritise trawlers operating in a fishery subject to a fishing effort regime.

Article 63

Physical verification

1.  
When propulsion power measurements are performed on board a fishing vessel in the framework of a physical verification of propulsion engine power as referred to in Article 41(2) of the Control Regulation, the propulsion engine power may be measured at the most accessible point between the propeller and the engine.
2.  
If the power of the propulsion engine is measured after the reduction gear, an appropriate correction shall be applied to the measurement in order to calculate the propulsion engine power at the engine output flange according to the definition in Article 5(1) of Regulation (EEC) No 2930/86. That correction shall take into account the power losses resulting from the gearbox on the basis of the official technical data provided by the gearbox manufacturer.

CHAPTER VIII

Control of recreational fisheries

Article 64

Establishment of sampling plans

1.  
Without prejudice to the use of data as referred to in paragraph 5, sampling plans to be established by Member States in accordance with Article 55(3) of the Control Regulation for the purpose of monitoring catches of stocks subject to recovery plans practised from vessels engaged in recreational fisheries shall provide for the collection of biennial data.
2.  

The methods used in the sampling plans shall be established clearly and shall be, as far as possible:

(a) 

stable over time;

(b) 

standardised within regions;

(c) 

in accordance with the quality standards established by relevant international scientific bodies and, where appropriate, by the relevant Regional Fisheries Management Organisations to which the European Union is contracting party or observer.

3.  
The sampling plan shall include a sampling design for the estimation of catches of stocks subject to recovery plans, the gear used and the relevant geographical area of the recovery plan concerned where these catches where taken;
4.  
Member States shall estimate systematically the accuracy and precision of the collected data.
5.  
For the purpose of the sampling plans referred to in paragraph 1 Member States may use the data collected according to the multiannual Community programme as laid down in Council Regulation (EC) No 199/2008 ( 5 ) to the extent that such data are available.
6.  
This provision shall not apply when a Member State has prohibited recreational fisheries of stocks subject to a recovery plan.

Article 65

Notification and evaluation of sampling plans

1.  
Member States shall notify their sampling plans to the Commission 12 months after the entry into force of a recovery plan. For recovery plans which are already in force at the time of entry into force of this Regulation, the sampling plan shall be notified within 12 months after entry into force of this Regulation. Amendments of the sampling plan shall be notified before they become effective.
2.  

In addition to the evaluation requested in Article 55(4) of the Control Regulation, the Scientific, Technical and Economic Committee for Fisheries shall also evaluate:

(a) 

after the notification referred to in paragraph 1 and every 5 years thereafter the conformity of the notified sampling plans with the criteria and requirements mentioned in Article 64(2) and (3) of this Regulation;

(b) 

the conformity of any amendments to a sampling plan referred to in paragraph 1 with the criteria and requirements mentioned in Article 64(2) and (3) of this Regulation.

3.  
The Scientific, Technical and Economic Committee for Fisheries shall make recommendations, where appropriate, for improving the sampling plan.

TITLE IV

CONTROL OF MARKETING

CHAPTER I

Traceability

▼M1

Article 66

Definition

For the purpose of this Chapter, the following definition shall apply:

‘Fisheries and aquaculture products’ means any products which fall under Chapter 3, subheading 1212 21 00 of Chapter 12 and under headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87 ( 6 ).

▼B

Article 67

Information on lots

1.  
Operators shall provide the information on fisheries and aquaculture products referred to in Article 58(5) of the Control Regulation at the moment when the fisheries and aquaculture products are put into lots and no later than the first sale.
2.  
In addition to paragraph 1, operators shall update the relevant information referred to in Article 58(5) of the Control Regulation which ensues from the merging or splitting of the lots of fisheries and aquaculture products after first sale, at the stage when it becomes available.
3.  
In case where, as a result of the merging or splitting of the lots after first sale, fisheries and aquaculture products from several fishing vessels or aquaculture production units are mixed, operators shall be able to identify each lot of origin at least by means of their identification number referred to in Article 58(5)(a) of the Control Regulation and make possible to trace them back to catching or harvesting stage, in accordance with Article 58(3) of the Control Regulation.
4.  
Systems and procedures referred to in Article 58(4) of the Control Regulation shall allow operators to identify the immediate supplier(s) and, except when they are final consumers, the immediate buyer(s) of the fisheries and aquaculture products.
5.  
The information on fisheries and aquaculture products referred to in Article 58(5) of the Control Regulation shall be provided by means of the labelling or packaging of the lot, or by means of a commercial document physically accompanying the lot. It may be affixed to the lot by way of an identification tool such as a code, barcode, electronic chip or a similar device or marking system. The information on the lot shall remain available at all stages of production, processing and distribution in such a way that the competent authorities of Member States have access to it at any time.
6.  

Operators shall affix the information on fisheries and aquaculture products referred to in Article 58(5) of the Control Regulation by way of an identification tool such as a code, barcode, electronic chip or a similar device or marking system:

(a) 

as from 1 January 2013, to fisheries subject to a multiannual plan;

(b) 

as from 1 January 2015, to other fisheries and aquaculture products.

7.  
Where the information referred to in Article 58(5) of the Control Regulation is provided by means of a commercial document physically accompanying the lot, at least the identification number shall be affixed to the corresponding lot.
8.  
Member States shall cooperate with each other to ensure that the information affixed to the lot and/or accompanying physically the lot can be accessed by the competent authorities of another Member State than the one where the fisheries or aquaculture products have been put into the lot, in particular when the information is affixed to the lot by way of an identification tool such as a code, barcode, an electronic chip or a similar device. Operators using such tools shall ensure that they are developed on the basis of internationally recognised standards and specifications.
9.  
The information on the date of catches referred to in Article 58(5) point (d) of the Control Regulation may include several calendar days or one period of time corresponding to several dates of catches.
10.  
The information on the suppliers referred to in Article 58(5) point (f) of the Control Regulation shall be the immediate supplier(s) of the operator referred in paragraph 4 of this Article. This information may be provided, where applicable, by way of the identification mark referred to in Annex II, Section I, of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin ( 7 ).
11.  

The information listed in points (a) to (f) of Article 58(5) of the Control Regulation shall not apply to:

(a) 

imported fisheries and aquaculture products which are excluded from the scope of implementation of the catch certificate in accordance with Article 12(5) of Council Regulation (EC) No 1005/2008 ( 8 );

(b) 

fisheries and aquaculture products caught or farmed in freshwater; and

(c) 

ornamental fish, crustaceans and molluscs.

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12.  
The information listed in Article 58(5) of the Control Regulation shall not apply to fisheries and aquaculture products falling under headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature.
13.  

For the purposes of Article 58(5) of the Control Regulation, the information on the area where the product was caught or farmed shall be:

(a) 

for catches of stocks or group of stocks subject to a quota and/or a minimum size in Union legislation, the relevant geographical area, as defined in Article 4(30) of the Control Regulation;

(b) 

for catches of other stocks or group of stocks, fishery products caught in freshwater and aquaculture products, the name of the catch or the production area in accordance with Article 38(1) of Regulation (EU) No 1379/2013 of the European Parliament and of the Council ( 9 ).

▼B

14.  
The value of small quantities of fisheries and aquaculture products referred to in Article 58(8) of the Control Regulation shall be applicable to direct sales by a fishing vessel, per calendar day and per final consumer.

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▼B

CHAPTER II

Weighing of fisheries products

Section 1

General rules on weighing

Article 69

Scope

Without prejudice to Articles 78 - 89 of this Regulation the provisions contained in this chapter shall apply to landings from ►M1  Union fishing vessels ◄ taking place in a Member State and transhipments involving ►M1  Union fishing vessels ◄ taking place in ports or places close to the shore of a Member State as well as to the weighing of fisheries products on board ►M1  Union fishing vessels ◄ in ►M1  Union waters ◄ .

Article 70

Weighing records

1.  

Registered buyers, registered auctions or other bodies or persons that are responsible for the first marketing or storage before first marketing of fisheries products, or where appropriate the master of the ►M1  Union fishing vessel ◄ , shall record weighing carried out in accordance Articles 60 and 61 of the Control Regulation by indicating the following information:

(a) 

the FAO alpha-3 codes of the species weighed;

(b) 

result of weighing for each quantity of each species in kilograms product weight;

(c) 

the external identification number and the name of the fishing vessel from which the weighed quantity originates;

(d) 

presentation of the fisheries products weighed;

(e) 

date of weighing (YYYY-MM-DD).

2.  
Registered buyers, registered auctions or other bodies or persons that are responsible for the first marketing, or storage before first marketing of fisheries products or where appropriate the master of a ►M1  Union fishing vessel ◄ , shall keep the records referred to in paragraph 1 for a period of 3 years.

Article 71

Timing of weighing

1.  
Where fisheries products are transhipped between ►M1  Union fishing vessels ◄ and the first landing of the transhipped fisheries products is to take place in a port outside of the European Union, the fisheries products shall be weighed before being transported away from the port or place of transhipment.
2.  
When the fisheries products are weighed on board a ►M1  Union fishing vessel ◄ in accordance with Article 60(3) of the Control Regulation and they are weighed again on land after landing the figure resulting from the weighing on land shall be used for the purpose of Article 60(5) of the Control Regulation.
3.  
Without prejudice to special provisions for ►M1  Union fishing vessels ◄ not subject to the electronic completion and transmission of fishing logbook data as referred to in Article 15 of the Control Regulation the Member State may require the master to hand over a copy of the log sheet to the competent authorities of the Member State of landing prior to weighing.

Article 72

Weighing systems

1.  
All weighing systems shall be calibrated and sealed in accordance with national systems by the competent authorities of the Member State.
2.  
The natural or legal person responsible for the weighing system shall maintain a record of calibration.
3.  
Where the weighing is carried out on a conveyor belt system a visible counter shall be fitted that records the cumulative total of the weight. The reading of the counter at the start of the weighing operation as well as the cumulative total shall be recorded. All use of the system shall be recorded by the natural or legal person responsible for the weighing in the weighing logbook.

Article 73

Weighing of frozen fisheries products

1.  
Without prejudice to special provisions and in particular Articles 70 and 74 of this Regulation when landed quantities of frozen fisheries products are weighed, the weight of frozen fisheries products landed in boxes or blocks may be determined per species and, where appropriate, presentation by multiplying the total number of boxes or blocks by a net average weight for a box or block calculated according to the methodology set down in Annex XVIII.
2.  

The natural or legal persons weighing the fisheries products shall keep a record per landing, indicating:

(a) 

the name and external registration letters and numbers of the vessel from which the fishery products have been landed;

(b) 

the species and, where appropriate, presentation of fish landed;

(c) 

the size of the lot and sample of pallets per species and, where appropriate, presentation in accordance with the provisions of point 1 of Annex XVIII;

(d) 

the weight of each pallet in the sample and the average weight of the pallets;

(e) 

the number of boxes or blocks on each pallet in the sample;

(f) 

the tare weight per box, if different from the tare weight specified in point 4 of Annex XVIII;

(g) 

the average weight of an empty pallet in accordance with the provisions of point 3(b) of Annex XVIII;

(h) 

the average weight per box or block of fisheries per species and, where appropriate, presentation.

Article 74

Ice and water

1.  
Before weighing the registered buyer, registered auction or other bodies or persons responsible for the first marketing of fisheries products shall ensure that the fisheries products be cleaned of ice as is reasonable without causing spoilage and reducing quality.

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2.  
Without prejudice to special rules for pelagic species referred to in Articles 78-89 of this Regulation which are landed in bulk for transfer to the point of first marketing, storage or processing, the deduction of water and ice from the total weight shall not exceed 2 %. In all cases the percentage for deduction of water and ice shall be recorded on the weighing slip with the entry for weight. There shall be no deduction of water or ice for landings for industrial purposes or for non-pelagic species.

▼B

Article 75

Access by competent authorities

The competent authorities shall have full access at all times to the weighing systems, the weighing records, written declarations and all premises where the fisheries products are stored or processed.

Article 76

Sampling plans

1.  
The sampling plan referred to in Article 60(1) of the Control Regulation and any substantial modification thereof shall be adopted by Member States in accordance with the risk-based methodology described in Annex XIX.
2.  
The sampling plan referred to in Article 60(3) of the Control Regulation and any substantial modification thereof shall be adopted by Member States in accordance with the risk-based methodology described in Annex XX. If catches are weighed on board, the margin of tolerance as referred to in Articles 14(3) and 21(3) of the Control Regulation shall not apply when the figure resulting from weighing after landing is greater than the corresponding figure resulting from weighing on board.
3.  
When Member States are intending to adopt sampling plans as referred to in Article 60(1) and (3) of the Control Regulation, they shall preferably submit a single sampling plan covering all weighing procedures concerned for a period of 3 years within 6 months after the entry into force of this Regulation. This sampling plan may consist of different parts for different fisheries.
4.  
Any new sampling plans to be adopted after the date referred to in paragraph 3 or any modifications to such plans shall be submitted for approval 3 months before the end of the year concerned.

Article 77

Control plans and programmes for the weighing of fisheries products after transport from the place of landing

1.  
The control plan referred to in Article 61(1) of the Control Regulation and any substantial modification thereof shall be adopted by Member States in accordance with the risk-based methodology described in Annex XXI.
2.  
When Member States are intending to adopt control plans referred to in Article 61(1) of the Control Regulation they shall submit a single control plan per Member State covering all transports of fisheries products to be weighed after transport. Such a control plan shall be submitted within 6 months after the entry into force of this Regulation. This single control plan may consist of different parts for different fisheries.
3.  
The common control programme referred to in Article 61(2) of the Control Regulation and any substantial modification thereof shall be adopted by Member States in accordance with the risk-based methodology described in Annex XXII.
4.  
When Member States are intending to adopt common control programmes referred to in Article 61(2) of the Control Regulation, they shall submit them within 6 months after the entry into force of this Regulation.
5.  
Any new control plan as referred to in paragraph 2 or common control programmes as referred to in paragraph 4 to be adopted after the date referred to in paragraphs 2 and 4 or any modifications to such plans or programmes shall be submitted 3 months before the end of the year preceding the date of entry into force of that plan or programme.

Section 2

Special rules for weighing of certain pelagic species

▼M1

Article 78

Scope of weighing procedures for catches of herring, mackerel, horse mackerel and blue whiting

The rules set out in this Section shall apply to the weighing of catches landed in the Union or by Union fishing vessels in third countries, of herring (Clupea harengus), mackerel (Scomber scombrus), horse mackerel (Trachurus spp.) and blue whiting (Micromesistius poutassou) or a combination thereof, taken in:

(a) 

for herring in ICES zones I, II, IIIa, IV, Vb, VI and VII;

(b) 

for mackerel in ICES zones IIa, IIIa, IV, Vb, VI, VII, VIII, IX, XII, XIV and Union waters of CECAF;

(c) 

for horse mackerel in ICES zones IIa, IV, Vb, VI, VII, VIII, IX, X, XII, XIV and Union waters of CECAF;

(d) 

for blue whiting in ICES zones IIa, IIIa, IV, Vb, VI, VII, VIII, IX, X, XII, XIV and Union waters of CECAF;

when the quantities per landing exceed 10 tonnes.

Article 79

Ports of weighing catches of herring, mackerel, horse mackerel and blue whiting

▼B

1.  

Catches of species referred to in Article 78 of this Regulation shall be weighed immediately on landing. However, catches of these species may be weighed after transport where:

— 
for a destination within a Member State the Member State concerned has adopted a control plan as referred to in Article 61(1) of the Control Regulation in accordance with the risk-based methodology described in Annex XXI,
— 
for a destination in another Member State the Member States concerned have adopted a common control programme as referred to in Article 61(2) of the Control Regulation in accordance with the risk-based methodology described in Annex XXII,

and where this control plan or common control programme has been approved by the Commission

2.  

Each Member State concerned shall establish at which of its ports the weighing of species referred to in Article 78 of this Regulation shall be carried out and shall ensure that all landings of such species are carried out in those ports. Such ports shall have:

(a) 

established landing and transhipment times;

(b) 

established landing and transhipment places;

(c) 

established inspection and surveillance procedures.

3.  
The Member States concerned shall communicate to the Commission the list of such ports and the inspection and surveillance procedures applicable in those ports, including the terms and conditions for recording and transmitting the quantities of any such species within each landing.
4.  
Any changes to the lists of ports and to the inspection and surveillance procedures referred to in paragraph 3 shall be transmitted to the Commission, at least 15 days before they enter into force.
5.  
Member States shall ensure that all landings of species referred to in Article 78 of this Regulation by their vessels outside the European Union are carried out in ports expressly chosen for the purpose of weighing by third countries which have concluded agreements with the European Union concerning such species.
6.  
The Commission shall transmit the information referred to in paragraphs 3 and 4 as well as the list of ports chosen by third countries to all Member States concerned.
7.  
The Commission and the Member States concerned shall publish the list of ports and changes thereto on their official websites.

Article 80

Entry into a port of a Member State

1.  

For the purpose of weighing, the master of a fishing vessel or his representative shall inform the competent authorities of the Member State in which the landing is to be made, at least 4 hours in advance of entry to port of landing concerned of the following:

(a) 

the port he intends to enter, the name of the vessel and its external registration letters and numbers;

(b) 

the estimated time of arrival at that port;

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(c) 

the quantities in kilograms live weight of herring, mackerel, horse mackerel and blue whiting retained on board;

▼B

(d) 

relevance geographical area(s) where the catch was taken; the zone shall refer to the sub-area and division or sub-division in which catch limits apply pursuant to Union law.

2.  
The master of a ►M1  Union fishing vessel ◄ which is under the obligation to record fishing logbook data electronically shall send the information referred to in paragraph 1 electronically to his flag Member State. The Member States shall transmit this information without delay to the Member State where the landing is to be made. The electronic fishing logbook data referred to in Article 15 of the Control Regulation and the information referred to in paragraph 1 may be sent in a single electronic transmission.
3.  
Member States may provide for a shorter notification period than laid down in paragraph 1. In such a case the Member States concerned shall inform the Commission 15 days before the entry into force of the shorter notification period. The Commission and the Member States concerned shall put this information on their websites.

Article 81

Discharge

The competent authorities of the Member State concerned shall require that the discharge of any catches referred to in Article 78 of this Regulation does not commence until it is expressly authorised. If the discharge is interrupted, permission shall be required before the discharge can recommence.

Article 82

Fishing logbook

1.  
Immediately upon arrival in port and before the discharge commences, the master of a fishing vessel which is not under the obligation to record fishing logbook data electronically shall present the completed relevant page or pages of the fishing logbook for inspection by the competent authority of the Member State at the port of landing.

▼M1

2.  
The quantities of herring, mackerel, horse mackerel and blue whiting retained on board, notified prior to landing as referred to in Article 80(1)(c) of this Regulation, shall be equal to the quantities recorded in the fishing logbook after its completion.

Article 83

Publicly operated weighing facilities for fresh herring, mackerel, horse mackerel and blue whiting

▼B

Without prejudice to the provisions of Article 72 of this Regulation, where publicly operated weighing facilities are used, the natural or legal persons weighing catches referred to in Article 78 of this Regulation shall issue to the buyer a weighing slip indicating the date and time of the weighing and the identity number of the tanker. A copy of the weighing slip shall be attached to the sales note or takeover declaration.

Article 84

Privately operated weighing facilities for fresh fish

1.  
In addition to the provisions of Article 72 of this Regulation, the use of privately operated weighing facilities shall also be subject to the requirements of this Article.
2.  

The natural or legal persons weighing any catches referred to in Article 78 of this Regulation shall for each weighing system keep a bound, paginated record. This shall be completed immediately after the completion of weighing of an individual landing, and at the latest by 23.59 local time of the day of completion of weighing. This record shall indicate:

(a) 

the name and external registration letters and numbers of the vessel from which any catches referred to in Article 78 of this Regulation have been landed;

(b) 

the unique identity number of the tankers and its load in cases where any catches referred to in Article 78 of this Regulation have been transported from the port of landing before weighing in accordance with Article 79 of this Regulation. Each tanker load shall be weighed and recorded separately. However the total weight of all the tanker loads from the same vessel may be recorded as a whole in case these tanker loads are weighed consecutively and without interruption;

(c) 

the species of fish;

(d) 

the weight of each landing;

(e) 

the date and time of the beginning and end of the weighing.

3.  
Without prejudice to Article 72(3) of this Regulation, where the weighing is carried out on a conveyor belt system all use of the system shall be recorded in the bound, paginated record of weighing.

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Article 85

Weighing of frozen fish

When landed quantities of frozen herring, mackerel, horse mackerel and blue whiting are weighed, the weight of frozen fish landed in boxes shall be determined per species in accordance with Article 73 of this Regulation.

Article 86

Keeping of weighing records

All records of weighing provided for in Article 84(3) and Article 85 of this Regulation and the copies of any transport documents as part of a control plan or a common control programme referred to in Article 79(1) of this Regulation shall be kept for at least 3 years.

▼B

Article 87

Sales note and takeover declaration

The natural or legal persons responsible for the submission of sales notes and takeover declarations shall submit such declarations in respect of species referred to in Article 78 of this Regulation to the competent authorities of the Member State concerned on demand.

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Article 88

Cross-checks

Until the establishment of a computerised database in accordance with Article 109 of the Control Regulation the competent authorities shall carry out administrative cross- checks on all landings between the following:

(a) 

quantities by species of herring, mackerel, horse mackerel and blue whiting indicated in the prior notification of landing, as referred to in Article 80(1)(c) of this Regulation, and the quantities recorded in the fishing logbook;

(b) 

quantities by species of herring, mackerel, horse mackerel and blue whiting recorded in the fishing logbook and the quantities recorded in the landing declaration;

(c) 

quantities by species of herring, mackerel, horse mackerel and blue whiting recorded in the landing declaration and the quantities recorded in the takeover declaration or the sales note;

(d) 

catch area recorded in the vessel's fishing logbook and the VMS data for the vessel concerned.

Article 89

Monitoring of weighing

1.  
The weighing of catches of herring, mackerel, horse mackerel and blue whiting from the vessel shall be monitored by species. In the case of vessels pumping catch ashore the weighing of the entire discharge shall be monitored. In the case of landings of frozen herring, mackerel, horse mackerel and blue whiting, all boxes shall be counted and the methodology for calculating the average net weight of boxes provided for in Annex XVIII shall be monitored.
2.  

The following data shall be cross-checked in addition to those referred to in Article 88 of this Regulation:

(a) 

quantities by species of herring, mackerel, horse mackerel and blue whiting recorded in the records of weighing at public or private facilities and the quantities by species recorded in the takeover declaration or the sales note;

(b) 

quantities by species of herring, mackerel, horse mackerel and blue whiting recorded in any transport documents as part of a control plan or a common control programme referred to in Article 79(1) of this Regulation;

(c) 

unique identity numbers of tankers entered into the record in accordance with Article 84(2)(b) of this Regulation.

3.  
It shall be verified that the vessel is empty of all fish subject to the special rules in this section, once the discharge has been completed.
4.  
All monitoring activities covered by this Article and Article 107 of this Regulation shall be documented. Such documentation shall be kept for at least 3 years.

CHAPTER III

Sales notes and take-over declarations

▼B

Article 90

General rules

▼M1

1.  
In the sales note and the take-over declaration, the number of individuals as referred to in Articles 64(1)(f) and 66(3)(e) of the Control Regulation shall be indicated if the relevant quota is managed on the basis of individuals.

▼B

2.  
The type of presentation referred to in Article 64(1)(g) of the Control Regulation shall include the state of presentation as set out in Annex I.
3.  
The price referred to in Article 64(1)(l) of the Control Regulation shall be indicated in the currency applicable in the Member State where the sale takes place.

▼M1

Article 91

Formats of sales notes and take-over declarations

1.  
Member States shall determine the format to be used for the completion and transmission of sales notes and take-over declarations between registered buyers, registered auctions, or other bodies or persons authorised by Member States and the competent authorities as referred to in Articles 63 and 67 of the Control Regulation.
2.  
Data elements that must be recorded by registered buyers, registered auctions, or other bodies or persons authorised by Member States, in their sales notes or take-over declarations according to Union rules shall also be mandatory in exchanges between Member States.
3.  
Data as referred to in Article 111(2) of the Control Regulation transmitted for operations in the previous 36 months by the Member State in whose territory the first sale or the take-over took place shall be made available by that Member State on request by the flag Member State or the Member State in whose territory the fisheries products have been landed. The reply to the request shall be generated automatically and transmitted without delay.
4.  

Member States shall:

(a) 

ensure that data received according to this Chapter are recorded in computer-readable form and safely stored in computerised databases for at least 3 years;

(b) 

take all necessary measures to ensure that the data are only used for purposes as provided for in this Regulation; and

(c) 

take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation.

5.  
In each Member State, the single authority referred to in Article 5(5) of the Control Regulation shall be responsible for transmitting, receiving, managing and processing all data covered by this Chapter.
6.  
Member States shall exchange contact details of the authorities referred to in paragraph 5 and shall inform the Commission and the body designated by it within 3 months after the entry into force of this Regulation.
7.  
Any changes in the information referred to in paragraphs 5 and 6 shall be communicated to the Commission, the body designated by it and other Member States before they become effective.

▼B

TITLE V

SURVEILLANCE

CHAPTER I

Surveillance reports

Article 92

Information to be recorded in the surveillance report

1.  
The surveillance reports referred to in Article 71(3) and (4) of the Control Regulation shall be established in accordance with Annex XXIII to this Regulation.
2.  
Member States shall upload the data contained in their surveillance reports into the electronic database referred to in Article 78 of the Control Regulation and provide for the functionalities referred to in Annex XXIV No 2 to this Regulation. The minimum information recorded in this database shall be that indicated in Annex XXIII. Paper surveillance reports may also additionally be scanned into the database.
3.  
The data from the reports shall be kept available in the database for at least 3 years.
4.  
Upon receipt of a surveillance report as referred to in paragraph 1 the flag Member State shall, as soon as possible, initiate an investigation on the activities of its fishing vessels to which the surveillance report refers.
5.  
Paragraph 1 shall apply without prejudice to the rules adopted by Regional Fisheries Management Organisations to which the European Union is a contracting party.

CHAPTER II

Control observers

Article 93

General rules concerning control observers

1.  
Without prejudice to special rules established by a Regional Fisheries Management Organisation or agreed with a third country, ►M1  Union fishing vessels ◄ identified for the application of a control observer scheme shall carry at least one control observer on board during the time fixed by the scheme.
2.  
Member States shall designate control observers and ensure they are able to carry out their tasks. Member States shall ensure in particular the deployment of control observers to and from the ►M1  Union fishing vessel ◄ concerned.
3.  
Control observers shall not perform other tasks than those established Article 73 of the Control Regulation and in Article 95 of this Regulation unless other tasks are to be performed pursuant to the EU control observer scheme or as a part of an observer programme under the scope of a Regional Fisheries Management Organisation or established in the framework of a bilateral agreement with a third country.
4.  
The competent authorities shall ensure that for the purposes of their mission control observers have means of communication independent from the communication system of the fishing vessel.
5.  
These rules do not affect the powers of the master of the fishing vessel as being in sole charge of the operations of the vessel.

Article 94

Independence of control observers

In order to be independent from the owner, the operator, the master of the ►M1  Union fishing vessel ◄ and any crew member, as prescribed by Article 73(2) of the Control Regulation, control observers shall not be:

— 
a relative or an employee of the master of the ►M1  Union fishing vessel ◄ or any other crew member, the representative of the master or the owner or the operator of the ►M1  Union fishing vessel ◄ to which he is assigned,
— 
an employee of a company controlled by the master, a crew member, the representative of the master or the owner or the operator of the ►M1  Union fishing vessel ◄ to which he is assigned.

Article 95

Duties of control observers

1.  
Control observers shall verify the relevant documents and record the fishing activities of the ►M1  Union fishing vessel ◄ in which they are embarked as are listed in Annex XXV.
2.  
Control observers on board a ►M1  Union fishing vessel ◄ shall, where appropriate, brief the officials who are about to proceed to an inspection of that fishing vessel upon arrival on board. If the facilities on board the ►M1  Union fishing vessel ◄ so allow and where appropriate the brief shall take place in a closed meeting.
3.  
Control observers shall draw up the report referred to in Article 73(5) of the Control Regulation using the format established in Annex XXVI. They shall forward that report without delay and in any case within 30 days following completion of an assignment to his authorities and to the competent authorities of the flag Member State. Their competent authorities shall make the report available, on request, to the coastal Member State, the Commission or the body designated by it. Copies of reports made available to other Member States may not include the locations where the catches were taken in respect of start and finish positions of each fishing operation, but may include daily totals of catch in kilograms live weight equivalent by species and ICES division or other zone as appropriate.

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▼B

TITLE VI

INSPECTION

CHAPTER I

Conduct of inspections

Section 1

General provisions

Article 97

Officials authorised to conduct inspections at sea or on land

1.  
Officials responsible for carrying out inspections, as referred to in Article 74 of the Control Regulation shall be authorised by the competent authorities of the Member States. To this end, Member States shall provide their officials with a service card stating their identity and the capacity under which they operate. Each official on duty shall carry that service card and present it during an inspection at the earliest opportunity.
2.  
Member States shall confer adequate powers on their officials as necessary for the fulfilment of control, inspection and enforcement in accordance with this Regulation, and to ensure compliance with the rules of the Common Fisheries Policy.

Article 98

General principles

1.  
Without prejudice to provisions contained in multi-annual plans, competent authorities of Member States shall adopt a risk based approach for the selection of targets for inspection, using all available information. In accordance with this approach, officials shall carry out inspections in accordance with rules laid down in this Chapter.
2.  
Without prejudice to provisions contained in multi-annual plans, Member States shall coordinate their control, inspection and enforcement activities. To this end, they shall adopt and execute national control action programmes as referred to in Article 46 of the Control Regulation and common control programmes as referred to in Article 94 of the Control Regulation covering both activities at sea and on land as necessary to ensure compliance with the rules of the Common Fisheries Policy.
3.  
Subject to a risk based control and enforcement strategy each Member State shall carry out the necessary inspection activities in an objective way in order to prevent the retention on board, transhipment, landing, transfer to cages and farms, processing, transport, storage, marketing and stocking of fishery products originating from activities that are not in compliance with the rules of the Common Fisheries Policy.
4.  
Inspections shall be carried out in a manner as to prevent to the extent possible any negative impact on the hygiene and quality of the fisheries products inspected.
5.  
Member States shall ensure that national fisheries related information systems allow for the direct electronic exchange of information on port state inspections between themselves, other Member States, the Commission and the body designated by it as appropriate, in accordance with Article 111 of the Control Regulation.

Article 99

Duties of officials during the pre-inspection phase

During the pre-inspection phase officials shall, where possible, collect all appropriate information, including:

(a) 

fishing licences and fishing authorisations;

(b) 

VMS information corresponding to the current fishing trip;

(c) 

aerial surveillance, and other sightings;

(d) 

previous inspection records and available information on the secure part of the website of the flag Member State on the ►M1  Union fishing vessel ◄ concerned.

Article 100

Duties of officials authorised to conduct inspections

1.  
Officials authorised to conduct inspections shall verify and note the relevant items defined in the appropriate inspection module of the inspection report in Annex XXVII. For this purpose they may take pictures, video and audio recordings in accordance with national law, and, where appropriate, samples.
2.  
Officials shall not interfere with the right of any operator to communicate with the competent flag state authorities during inspection operations.
3.  
Officials shall take into account any information provided in accordance with Article 95(2) of this Regulation by a control observer on board the fishing vessel to be inspected.
4.  
On completion of an inspection officials shall debrief operators as appropriate on fisheries regulations relevant to the prevailing circumstances.
5.  
Officials shall leave as soon as possible the fishing vessel or the inspected premise following the completion of the inspection if no evidence of an apparent infringement is detected.

Article 101

Obligations of Member States, the Commission and European Fisheries Control Agency

1.  
The competent authorities of Member States, and, where appropriate, the Commission and the European Fisheries Control Agency, shall ensure that their officials, whilst being courteous and sensitive, conduct inspections professionally and to a high standard.
2.  
The competent authorities of each Member State shall establish procedures to ensure that any complaint made by operators regarding the conduct of inspections carried out by their officials is investigated in a fair and thorough manner in accordance with national law.
3.  
Coastal Member States may, subject to appropriate arrangements with the flag Member State of a fishing vessel, invite officials of the competent authorities of that Member State to participate in inspections of fishing vessels of that Member State, whilst those vessels are operating in waters of the coastal Member State or landing in its ports.

Section 2

Inspections at sea

Article 102

General provisions on inspections at sea

1.  
Any vessel used for control purposes including surveillance shall display so as to be clearly visible, a pennant or a symbol as shown in Annex XXVIII.
2.  
A boarding craft used to facilitate the transfer of officials carrying out inspections shall fly a similar flag or pennant of a size appropriate to that of the boarding craft to indicate that it is engaged in fishery inspection duties.
3.  
Persons in charge of inspection vessels shall have due regard to the rules of seamanship and manoeuvre at a safe distance from the fishing vessel in accordance with the international rules for the prevention of collisions at sea.

Article 103

Boarding fishing vessels at sea

1.  
Officials responsible for the conduct of the inspection shall ensure that no action is taken that may compromise the safety of the fishing vessel and its crew.
2.  
Officials shall not require the master of a fishing vessel that is being boarded or disembarked to stop or manoeuvre during fishing, or to stop the shooting or hauling of fishing gear. Officials may, however, require the interruption or delay of the shooting of gear to permit safe boarding or disembarkation until they have boarded or disembarked the fishing vessel. In the case of boarding this delay shall not exceed 30 minutes after officials have boarded the fishing vessel unless an infringement has been detected. This provision does not affect the possibility of officials to require the gear to be hauled for inspection.

Article 104

On board activities

1.  
When carrying out their inspection, officials shall verify and note all appropriate items provided for in the appropriate inspection report module set out in Annex XXVII to this Regulation.
2.  
Officials may require the master to haul a fishing gear for inspection.
3.  
Inspection teams shall normally be comprised of two officials. Additional officials may supplement inspections teams when necessary.
4.  
The duration of an inspection shall not exceed 4 hours, or until the net is hauled in, and the net and catches are inspected, whichever is longer. It shall not apply in the case that an apparent infringement is detected or where the officials need further information.
5.  
In the case of an apparent infringement being detected, identification marks and seals may be affixed securely to any part of the fishing gear or the fishing vessel, including containers of fisheries products and the compartment(s) in which they may be stowed, and the official(s) may remain on board for the time necessary for the completion of appropriate measures to ensure security and continuity of all the evidence of the apparent infringement.

Section 3

Inspections in port

Article 105

Preparation of inspection

1.  

Without prejudice to benchmarks defined in specific control and inspection programmes and in Article 9 of Regulation (EC) No 1005/2008, an inspection of a fishing vessel shall take place in port or on landing, on the following occasions:

(a) 

routinely subject to a sampling methodology based on a risk-based management; or

(b) 

where it is suspected of failing to comply with the rules of the Common Fisheries Policy.

2.  
In cases referred to in paragraph 1(b) and without prejudice to the last sentence of Article 106(2) of this Regulation the competent authorities of the Member States shall ensure that the fishing vessel to be inspected in port is met by their officials on arrival.
3.  
Paragraph 1 does not exclude the possibility for Member States to undertake random inspections.

Article 106

Inspections in port

1.  
When carrying out inspections officials shall verify and note all appropriate items listed in the corresponding inspection report module set out in Annex XXVII to this Regulation. Officials shall have due regard to any specific requirements which apply to the inspected fishing vessel, in particular to relevant provisions in multi-annual plans.
2.  
When carrying out an inspection of a landing officials shall monitor the whole landing process from the beginning to the end of the respective operation. A cross-check shall be carried out between the quantities by species recorded in the prior notification of arrival to land fishery products, the quantities by species recorded in the fishing logbook and the quantities by species landed or transhipped whichever is applicable. This provision shall not exclude the possibility of an inspection taking place after the start of the landing.
3.  
Member States shall ensure the effective inspection and control of premises used in connection with fishing activities and subsequent processing of fisheries products.

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Article 107

Inspection of certain pelagic landings

For landings of herring, mackerel, horse mackerel and blue whiting as referred to in Article 78 of this Regulation the competent authorities of a Member State shall ensure that at least 7,5 % of the quantities landed for each species and at least 5 % of the landings are fully inspected.

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Section 4

Transport inspections

Article 108

General principles

1.  
Without prejudice to provisions contained in multi-annual plans, transport inspections may take place anywhere and at anytime from the point of landing to the arrival of the fisheries products at the place of sale or processing. In carrying out inspections, the necessary measures shall be taken as to ensure the maintenance of the cold chain of the fisheries products inspected.
2.  
Without prejudice to provisions contained in multi-annual plans and national control programmes or specific control and inspection programmes, transport inspections shall include, wherever possible, a physical examination of the products transported.
3.  
The physical examination of the transported fishery products shall involve the taking of a sample representative of the different sections of the lot or lots transported.
4.  
When carrying out a transport, inspection officials shall verify and note all items referred to in Article 68(5) of the Control Regulation and all appropriate items in the report module set out in Annex XXVII to this Regulation. This shall include verification that the quantities of fisheries products transported correspond to the details entered on the transport document.

Article 109

Transport vehicles sealed

1.  
When a vehicle or a container has been sealed to avoid manipulation of the cargo, competent authorities of Member States shall ensure that serial numbers of seals are noted on the transport document. Officials shall inspect that the seals are intact and that the serial numbers correspond with the details on the transport document.
2.  
Where seals are removed to facilitate inspection of the cargo before the cargo arrives at the final destination, officials shall replace the original seal with a fresh seal, recording the seal details in the transport document and the reasons for the removal of the original seal.

Section 5

Market inspections

Article 110

General principles

Officials shall verify and note all appropriate items listed in the corresponding inspection module in Annex XXVII to this Regulation when visiting cold stores, gross and retail markets, restaurants or any other premises where fish is stored and/or sold after landing has taken place.

Article 111

Additional methodologies and technologies

In addition to the items listed in Annex XXVII, Member States may make use of available methodologies and technologies for the identification and validation of fisheries products, their source or origin and the suppliers and catching vessels or production units.

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Article 112

Control of fisheries products subject to storage mechanism

Officials shall verify that fisheries products subject to the storage mechanism referred to in Article 30 of Regulation (EU) No 1379/2013 fulfil the conditions laid down in that Article 30 and in Article 67 of Regulation (EU) No 508/014 of the European Parliament and of the Council ( 10 ).

▼B

CHAPTER II

Duties of operators

Article 113

General obligations of operators

1.  
All operators acting under the jurisdiction of a Member State may be subject to an inspection regarding their obligations under rules of the Common Fishery Policy.
2.  

All operators subject to an inspection shall:

(a) 

facilitate and provide officials on request with the necessary information and documents, including, where possible, copies thereof, or access to relevant databases, regarding fishing activities as required to be completed and held in electronic or paper format in accordance with the rules of the Common Fisheries Policy;

(b) 

facilitate access to all parts of vessels, premises and any transport means, including aircraft and hovercraft used in connection or associated with fishing and processing activities;

(c) 

ensure at any moment the safety of officials, and actively assist and cooperate with the officials in the performance of their inspection duties;

(d) 

not obstruct, intimidate or interfere, not cause any other person to obstruct, intimidate or interfere, and prevent any other person to obstruct, intimidate or interfere with officials carrying out the inspection;

(e) 

provide, where possible, a meeting facility in isolation for a briefing of officials by a control observer as referred to in Article 95(2) of this Regulation.

Article 114

Obligations of the master during inspections

1.  

The master of a fishing vessel which is being inspected or his representative shall:

(a) 

facilitate safe and effective boarding of officials in accordance with good seamanship when the appropriate signal of the International Code of Signals is given or when the intention to board is established through radio communication by a vessel or helicopter carrying an official;

(b) 

provide a boarding ladder meeting the requirements of Annex XXIX to facilitate safe and convenient access to any vessel which requires a climb of 1,5 metres or more;

(c) 

facilitate the officials to perform their inspection duties, providing such assistance as is requested and is reasonable;

(d) 

permit the official(s) to communicate with the authorities of the flag State, the coastal State and the inspecting State;

(e) 

alert officials to particular safety hazards on board fishing vessels;

(f) 

provide access by officials to all areas of the vessel, all processed or unprocessed catches, all fishing gears and all relevant information and documents;

(g) 

facilitate safe disembarkation by officials on completion of the inspection.

2.  
Masters shall not be required to reveal commercially sensitive information over open radio channels.

CHAPTER III

Inspection report

Article 115

Common rules concerning inspection reports

1.  
Without prejudice to special rules in the framework of Regional Fisheries Management Organisations, inspection reports as referred to in Article 76 of the Control Regulation shall include the relevant information contained in the appropriate module established in Annex XXVII. The reports shall be completed by officials during the inspection or as soon as possible after the completion of the inspection.
2.  
When an apparent infringement is detected in the course of an inspection, the legal and material elements together with any other information relevant to the infringement shall be included in the inspection report. When several infringements are detected in the course of an inspection, relevant elements of each infringement shall be noted in the inspection report.
3.  
Officials shall communicate their findings to the natural person in charge of the fishing vessel, vehicle, aircraft, hovercraft or premises being inspected (operator) at the end of the inspection. The operator shall have the possibility to comment on the inspection and its findings. Comments by the operator shall be noted in the inspection report. In case where officials do not speak the same language as the inspected operator, they shall take appropriate measures to make understandable their findings.
4.  
If required, the operator shall have the right to contact his representative or the competent authorities of his flag State, if serious difficulties arise regarding comprehension of the outcomes of the inspection and of the ensuing report.
5.  
The format for electronic transmission referred to in Article 76(1) of the Control Regulation shall be decided after consultation between the Member States and the Commission.

Article 116

Completion of inspection reports

1.  
When the inspection report is established manually on a paper format, it shall be legible, indelible and clearly recorded. No entry in the report shall be erased or altered. If a mistake is made in a manually established report, the incorrect entry shall be struck out neatly and shall be initialled by the official concerned.
2.  
The official responsible for the inspection shall sign the report. The operator shall be invited to sign the report. Without prejudice to national law his/her signature shall constitute an acknowledgement of the report and shall not be regarded as an acceptance of the contents therein.
3.  
Officials may establish inspection reports referred to in Article 115 of this Regulation by electronic means.

Article 117

Copy of the inspection report

A copy of the inspection report referred to in Article 116 of this Regulation shall be sent to the operator no later than 15 working days after the completion of the inspection and in accordance with the national law of the Member State having sovereignty or jurisdiction at the place of inspection. If an infringement is detected, disclosure of the report shall be subject to the laws on disclosure of information in the Member State concerned.

CHAPTER IV

Electronic database

Article 118

Electronic database

1.  
Member States shall include in their national control programmes procedures on the recording by their officials of inspection reports in a paper or an electronic format. These reports shall be entered into the electronic database referred to in Article 78 of the Control Regulation and provide for the functionalities referred to in Annex XXIV No. 2 to this Regulation. The minimum information contained in the electronic database shall be those items noted in accordance with Article 115(1) of this Regulation and indicated as compulsory in Annex XXVII. Paper inspection reports shall also be scanned into the database.
2.  
The database shall be accessible for the Commission and the body designated by it, in accordance with the procedures described in Articles 114, 115 and 116 of the Control Regulation. The relevant data in the database shall also be accessible to other Member States in the context of a joint deployment plan.
3.  
The data from the inspection reports shall be kept available in the database for at least 3 years.

CHAPTER V

Union inspectors

Article 119

Notification of Union inspectors

1.  
Member States and the European Fisheries Control Agency shall notify the Commission electronically within 3 months after the entry into force of this Regulation of the names of their officials to be included in the list of Union inspectors referred to in Article 79 of the Control Regulation.
2.  

Officials to be included in the list shall:

(a) 

have a thorough experience in the field of fisheries control and inspection;

(b) 

have an in-depth knowledge of fisheries legislation of the European Union;

(c) 

have a thorough knowledge of one of the official languages of the European Union and a satisfactory knowledge of a second;

(d) 

be physically fit to perform their duties;

(e) 

have, where appropriate, received the necessary training with regard the safety at sea.

Article 120

List of Union inspectors

1.  
On the basis of the notifications of Member States and the European Fisheries Control Agency the Commission shall adopt a list of Union inspectors 6 months after the entry into force of this Regulation.
2.  
After the establishment of the initial list, Member States and the European Fisheries Control Agency shall notify to the Commission by October each year any amendment to the list which they wish to introduce for the following calendar year. The Commission shall amend the list accordingly by 31 December each year.
3.  
The list and amendment thereto shall be published on the official website of the European Fisheries Control Agency.

Article 121

Communication of Union inspectors to Regional Fisheries Management Organisations

The body designated by the Commission shall communicate to the secretariat of a Regional Fisheries Management Organisation the list of Union inspectors who are to carry out inspections in the framework of that Organisation.

Article 122

Powers and duties of Union inspectors

1.  
In the accomplishment of their tasks Union inspectors shall comply with the law of the European Union and, as far as applicable, the national law of the Member State where the inspection takes place or, where the inspection is carried out outside ►M1  Union waters ◄ , of the flag Member State of the inspected fishing vessel and relevant international rules.
2.  
Union inspectors shall present a service card stating their identity and the capacity under which they operate. For this purpose they shall be provided with an identification document issued by the Commission or the European Fisheries Control Agency stating their identity and capacity.
3.  
Member States shall facilitate the execution of duties by Union inspectors and shall afford them such assistance as they need to fulfil their tasks.
4.  
Competent authorities of Member States may permit Union inspectors to assist national inspectors in the execution of their duties.
5.  
Articles 113 and 114 of this Regulation shall apply in a corresponding manner.

Article 123

Reports

1.  
Union inspectors shall submit a daily summary on their inspection activities, including the name and identification number of each fishing vessel or craft inspected and the type of inspection carried out, to the competent authorities of the Member State in whose waters the inspection took place or, where the inspection was carried outside ►M1  Union waters ◄ , to the flag Member State of the inspected ►M1  Union fishing vessel ◄ , and the European Fisheries Control Agency.
2.  
If Union inspectors detect an infringement in the course of an inspection, they shall without delay submit a summarised inspection report to the competent authorities of the coastal Member State or, where the inspection was carried outside ►M1  Union waters ◄ , to competent authorities of the flag State of the inspected fishing vessel and the European Fisheries Control Agency. Such summarised inspection report shall specify at least the date and place of the inspection, identification of the inspection platform, identification of the inspected target and type of infringement detected.
3.  
Union inspectors shall submit a copy of the full inspection report noting the relevant items in the appropriate inspection module of the inspection report in Annex XXVII to the competent authorities of the flag State of the inspected fishing vessel or craft and of the Member State in whose waters the inspection took place, within 7 days from the date of inspection. If the Union inspectors have detected an infringement, a copy of the full inspection report shall also be sent to the European Fisheries Control Agency.
4.  
Daily reports and inspection reports referred to in this Article shall be transmitted, upon request, to the Commission.

Article 124

Follow-up of reports

1.  
Member States shall act on reports submitted by the Union inspectors in accordance with Article 123 of this Regulation in the same way as they act on reports from their own officials.
2.  
The Member State that nominated the Union inspector or, where appropriate, the Commission or the European Fisheries Control Agency shall cooperate with the Member State acting on a report submitted by the Union inspector in order to facilitate judicial and administrative proceedings.
3.  
On request, a Union inspector shall assist and give evidence in infringement proceedings undertaken by any Member State.

TITLE VII

ENFORCEMENT

POINT SYSTEM FOR SERIOUS INFRINGEMENTS

Article 125

Setting up and operation of a point system for serious infringements

Each Member State shall designate the competent national authorities which shall be responsible for:

(a) 

setting up the system for the attribution of points for serious infringements, as referred to in Article 92(1) of the Control Regulation;

(b) 

assigning the appropriate numbers of points to the holder of a fishing licence;

(c) 

transferring assigned points to any future holder of a fishing licence for the fishing vessel concerned where the latter is sold, transferred or otherwise changes ownership; and

(d) 

keeping relevant records of the points assigned or transferred to the holder for each fishing licence.

Article 126

Assignation of points

1.  
The number of points for serious infringements shall be assigned in accordance with Annex XXX to the holder of the fishing licence for the fishing vessel concerned by the competent authority of the flag Member State.

▼M1

2.  
When two or more serious infringements by the same natural or legal person holding the licence are detected in the course of one inspection, points in respect of each serious infringement concerned shall be assigned to the holder of the fishing licence in accordance with paragraph 1 up to a maximum of 12 points for all those infringements.

▼B

3.  
The holder of the fishing licence shall be informed that points have been assigned to him.
4.  
The points are assigned to the holder of the licence on the date set in the decision assigning them. Member States shall ensure that the application of national rules concerning the suspensory effects of review proceedings do not render the point system ineffective.
5.  
Where the serious infringement is detected in a Member State other than the flag Member State, the points shall be assigned by the competent authorities of the flag Member State referred to in Article 125 of this Regulation upon notification pursuant to Article 89(4) of the Control Regulation.

Article 127

Notification of decisions

If the authority designated in accordance with Article 125 of this Regulation is not the same as the single authority referred to in Article 5(5) of the Control Regulation, the latter shall be informed of any decision taken pursuant to this Title.

Article 128

Transfer of ownership

When the fishing vessel is offered for sale or for other type of transfer of ownership, the holder of the fishing licence shall inform any potential future licence holder of the number of points which are still assigned to him by means of a certified copy obtained from the competent authorities.

Article 129

Suspension and permanent withdrawal of a fishing licence

1.  
The accumulation of 18, 36, 54, 72 points by the holder of a fishing licence shall automatically trigger the first, second, third and fourth suspension of the fishing licence respectively for the relevant periods referred to in Article 92(3) of the Control Regulation.
2.  
The accumulation of 90 points by the holder of a fishing licence shall trigger automatically the permanent withdrawal of the fishing licence.

Article 130

Follow-up of suspension and permanent withdrawal of fishing licence

1.  
If a fishing licence is suspended or permanently withdrawn in accordance with Article 129 of this Regulation, the competent authority of the flag Member State shall inform the holder of the fishing licence immediately of this suspension or permanent withdrawal.
2.  
Upon receiving the information referred to in paragraph 1 the holder of the fishing licence shall ensure that the fishing activity of the vessel concerned ceases immediately. He shall ensure that it proceeds immediately to its home port or a port indicated by the competent authorities of the flag Member State. During the voyage the fishing gear shall be lashed and stowed in accordance with Article 47 of the Control Regulation. The holder of the fishing licence shall ensure that any catch on board the fishing vessel is dealt with in accordance with the instructions of the competent authorities of the flag Member State.

Article 131

Deletion of fishing licences from relevant lists

▼M1

1.  
If the fishing licence is suspended or withdrawn permanently in accordance with Article 129(1) or (2) of this Regulation, the fishing vessel to which the suspended or permanently withdrawn fishing licence relates shall be identified as being without fishing licence in the national register referred to in Article 24(1) of Regulation (EU) No 1380/2013. This fishing vessel shall also be identified in this way in the Union fishing fleet register referred to in Article 24(3) of Regulation (EU) No 1380/2013.
2.  
The permanent withdrawal of a fishing licence in accordance with Article 129(2) of this Regulation shall not affect the fishing capacity ceilings of the Member State issuing the licence as referred to in Article 22(7) of Regulation (EU) No 1380/2013.

▼B

3.  
The competent authorities of Member States shall immediately update the list referred to in Article 116(1)(d) of the Control Regulation with an indication of all points assigned and resulting suspensions and permanent withdrawals of fishing licences, including the date on which they became applicable and their duration.

Article 132

Illegal fishing during the suspension period or after the permanent withdrawal of a fishing licence

1.  
If a fishing vessel, the fishing licence of which is suspended or has been permanently withdrawn in accordance with Article 129 of this Regulation, carries out fishing activities during the suspension period or after the permanent withdrawal of the fishing licence, the competent authorities shall take immediate enforcement measures in accordance with Article 91 of the Control Regulation.
2.  
The fishing vessel referred to in paragraph 1 may, where appropriate, be included the ►M1  Union IUU vessel ◄ list in accordance with Article 27 of Regulation (EC) No 1005/2008.

Article 133

Deletion of points

1.  
If a fishing licence has been suspended in accordance with Article 129 of this Regulation, the points on the basis of which the fishing licence has been suspended shall not be deleted. Any new points assigned to the holder of the fishing licence shall be added to existing points for the purpose of Article 129 of this Regulation.
2.  
For the application of Article 92(3) of the Control Regulation, if points have been deleted in accordance with Article 92(4) of the Control Regulation the holder of fishing licence shall be considered as if his fishing licence had not been suspended in accordance with Article 129 of this Regulation.
3.  

Two points shall be deleted provided that the total amount of points assigned to the holder of the fishing licence for the fishing vessel concerned exceeds two, if:

(a) 

the fishing vessel which has been used in committing the infringement for which points were assigned uses thereafter VMS or records and transmits thereafter fishing logbook, transhipment and landing declaration data electronically without being legally subject to these technologies; or

(b) 

the holder of the fishing licence volunteers after the assignation of points to take part in a scientific campaign for the improvement of the selectivity of the fishing gear; or

(c) 

the holder of the fishing licence is a member of a producer organisation and the holder of the fishing licence accepts a fishing plan adopted by the producer organisation in the year following the assignation of the points involving a reduction of 10 % of the fishing opportunities for the holder of the fishing licence; or

(d) 

the holder of the fishing licence joins a fishery covered by an eco-labelling scheme that is designed to certify and promote labels for products from well-managed marine capture fisheries and focus on issues related to the sustainable use of fisheries resources.

For each 3-year period since the date of the last serious infringement, the holder of a fishing licence can avail himself of one of the options under (a), (b), (c) or (d), to reduce the amount of points assigned only once, and provided that such reduction does not lead to the deletion of all points on the fishing licence.

4.  
If the points were deleted in accordance with paragraph 3 the holder of the fishing licence shall be informed of that deletion. The holder of the fishing licence shall also be informed of the number of points that still remain.

Article 134

Point system for masters of fishing vessels

Member States shall inform the Commission 6 months after the date of application of this Title of their national point systems for masters as referred to in Article 92(6) of the Control Regulation.

TITLE VIII

MEASURES TO ENSURE COMPLIANCE BY THE MEMBER STATES OF COMMON FISHERIES POLICY OBJECTIVES

▼M1 —————

▼B

CHAPTER II

Deduction of fishing opportunities

Article 139

General rules for the deduction of fishing opportunities for excess of utilisation

1.  
The size of the excess of utilisation of fishing opportunities with respect to available quotas and fishing effort established for a given period, as referred to in Articles 105(1) and 106(1) of the Control Regulation, shall be determined on the basis of the figures available on the 15th day of the second month after the expiration of the regulated period.

▼M1

2.  
The size of the excess of utilisation of fishing opportunities shall be determined with respect to the fishing opportunities available at the end of each given period to the Member State concerned taking into account exchanges of fishing opportunities in accordance with Article 16(8) of Regulation (EU) No 1380/2013, quota transfers in accordance with Article 4(2) of Council Regulation (EC) No 847/96 ( 11 ), reallocation of available fishing opportunities in accordance with Article 37 of the Control Regulation, and deduction of fishing opportunities in accordance with Articles 105, 106 and 107 of the Control Regulation.
3.  
The exchange of fishing opportunities in accordance with Article 16(8) of Regulation (EU) No 1380/2013 for a given period shall not be allowed after the last day of the first month after the expiration of that period.

▼B

Article 140

Consultation on the deduction of fishing opportunities

For deductions of fishing opportunities in accordance with Article 105(4) and (5) and Article 106(3) of the Control Regulation, the Commission shall consult the Member State concerned on suggested measures. The Member State concerned shall respond within 10 working days to this consultation by the Commission.

CHAPTER III

Deduction of quotas for failure to comply with the rules of the common fisheries policy

Article 141

Rules for deduction of quotas for failure to comply with the objectives of the Common Fisheries Policy

1.  
The deadline for the Member State to demonstrate that the fisheries can be safely exploited, referred to in Article 107(2) of the Control Regulation, shall apply from the date of the Commission’s letter to the Member State.
2.  
Member States shall include, in their reply pursuant to Article 107(2) of the Control Regulation, material evidence that is capable of demonstrating to the Commission that the fishery can be safely exploited.

Article 142

Determination of the quantities to be deducted

1.  
Any deduction of quotas in accordance with Article 107 of the Control Regulation shall be proportionate to the extent and the nature of non-compliance with rules on stocks subject to multi-annual plans and gravity of the threat to the conservation of these stocks. It shall take into account the damage caused to these stocks by the non-compliance with rules on stocks subject to multi-annual plans.
2.  
If a deduction according to paragraph 1 cannot be operated on the quota, allocation or share of a stock or group of stocks to which the non-compliance refers because a quota, allocation or share of a stock or group of stocks in question is not or not sufficiently available to the Member State concerned, the Commission, after consultation of the Member State concerned, may deduct in the following year or years quotas for other stocks or groups of stocks available to that Member States in the same geographical area, or with the same commercial value in accordance with paragraph 1.

TITLE IX

DATA AND INFORMATION

CHAPTER I

Analysis and audit of data

Article 143

Subject matter

The computerised validation system referred to in Article 109(1) of the Control Regulation shall comprise in particular:

(a) 

a database or databases storing all data to be validated by this system, as referred to in Article 144 of this Regulation;

(b) 

validation procedures including data quality checks, analysis and cross-checks of all these data, as referred to in Article 145 of this Regulation;

(c) 

procedures for the access to all these data by the Commission or a body designated by it, as referred to in Article 146 of this Regulation.

Article 144

Data to be validated

1.  
For the purpose of the computerised validation system, Member States shall ensure that all data referred to in Article 109(2) of the Control Regulation, are stored in a computerised database or databases. The minimum elements to be included are the items listed in Annex XXIII, those indicated as compulsory in Annex XXVII, the items in Annex XII and the items in Annex XXXII. The validation system may also take into account any other data deemed necessary for the purpose of the validation procedures.
2.  
The data in the databases referred to in paragraph 1 shall be accessible for the validation system on a continuous basis and in real-time. The validation system shall have direct access to all these databases without any human intervention. To this end all databases or systems in a Member State containing the data referred to in paragraph 1 shall be linked with each other.
3.  
If the data referred to in paragraph 1 are not stored automatically in a database, Member States shall foresee the manual entry or digitising into the databases, without delay and by respecting the deadlines set in the relevant legislation. The date of data receipt and data entry shall be correctly recorded in the database.

Article 145

Validation procedures

1.  
The computerised validation system shall validate each dataset referred to in Article 144(1) of this Regulation on the basis of automated computerised algorithms and procedures in a continuous, systematic and thorough manner. The validation shall contain procedures to control the basic data quality, to check the data format and the minimal data requirements, as well as more advanced verification by analysing several records of a dataset into detail, using statistical methods, or cross-checking data from different sources.
2.  
For each validation procedure, there shall be a business rule or a set of business rules that defines which validations are executed by the procedure, as well as where the results of these validations are stored. Where applicable, the relevant reference to the legislation whose application is being verified shall be indicated. The Commission may define after consultation with Member States a standard set of business rules to be used.
3.  
All results of the computerised validation system, both positive and negative, shall be stored in a database. It shall be possible to identify immediately any inconsistency and non-compliance issue detected by the validation procedures, as well as the follow-up of these inconsistencies. It shall also be possible to retrieve the identification of fishing vessels, vessel masters or operators for which inconsistencies and possible non-compliance issues were detected repeatedly in the course of the past 3 years.
4.  
The follow-up of the inconsistencies detected by the validation system shall be linked with the validation results, indicating the date of validation and follow-up.

If the detected inconsistency is identified as the result of a wrong data entry, that data entry shall be corrected in the database, clearly marking the data as being corrected, as well as reporting the original value or entry and the reason for correcting the data.

If the detected inconsistency leads to a follow-up, the validation result shall contain a link to the inspection report, where appropriate, and the follow-up of it.

Article 146

Access by the Commission

1.  

Member States shall ensure that the Commission or the body designated by it have at any time real-time access to:

(a) 

all the data referred in Article 144(1) of this Regulation;

(b) 

all business rules defined for the validation system, containing the definition, the relevant legislation and the place where the validation results are stored;

(c) 

all validation results and follow-up measures, with a marker if the data item has been corrected, and with a link to infringement procedures if applicable.

2.  
Member States shall ensure that the data referred to in paragraph 1(a), (b) and (c) can be accessed by the automated exchange of data via secure web services, as defined in Article 147 of this Regulation.
3.  
The data shall be made available for download according to the data exchange format and all data elements as defined in Annex XII and in the XML format. Other data items that shall be accessible and are not defined in Annex XII shall be available in the format as defined in Annex XXXII.
4.  
The Commission or the body designated by it shall be given the possibility to download the data referred to in paragraph 1 for any period and any geographical area for an individual fishing vessel or list of fishing vessels.
5.  
At the reasoned request of the Commission the Member State concerned shall correct without delay data for which the Commission has identified inconsistencies. The Member State concerned shall inform other relevant Member States about this correction without delay.

▼M1

CHAPTER Ia

Rules for the exchange of data

▼M2

Article 146a

This Chapter lays down detailed rules for the exchange of data as referred to in Articles 111 and 116 of the Control Regulation, the exchange of inspection and surveillance report data as referred to in Articles 71, 76 and 83 of the Control Regulation, as well as for the notification of catch data as referred to in Article 33(2) and (4) of the Control Regulation.

▼M1

Article 146b

Definitions

For the purpose of this Chapter the following definitions shall apply:

(a) 

‘Transportation layer’ means the electronic network for fisheries data exchanges as made available by the Commission to all Member States and the body designated by it to exchange data in a standardised way;

(b) 

‘Report’ means the information recorded by electronic means;

(c) 

‘Message’ means the report in its format for transmission;

(d) 

‘Request’ means an electronic message containing a query for a set of reports.

Article 146c

General principles

1.  
All messages shall be exchanged based on the United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT) P1000 standard. Only data fields, core components, objects and well formatted Extensible Markup Language (XML) messages according to the XML Schema Definition (XSD) based on the UN/CEFACT standardisation libraries shall be used.
2.  
The report formats shall be based on the UN/CEFACT standards as referred to in Annex XII and shall be made available on the Master Data Register page of the European Commission Fisheries website.
3.  
The XSD and codes on the Master Data Register page of the European Commission Fisheries website shall be used for all messages.
4.  
Date and time shall be transmitted in Coordinated Universal Time (UTC).
5.  
All reports shall have a unique report identifier.
6.  
A unique human readable fishing trip identifier shall be used to link the fishing log-book data with landing declaration data, transhipment declaration data, sales note data, take-over declaration data and transport document data.
7.  
Reports related to Union fishing vessels shall include the identification number of the vessel as referred to in Article 10 of Commission Regulation (EC) No 26/2004 ( 12 ).
8.  
Member States shall use the implementation documents available on the European Commission fisheries website to ensure exchange of messages.

Article 146d

Transmission of messages

1.  
All transmissions shall be fully automated and immediate, using the transportation layer.
2.  
Before transmitting a message, the sender shall perform an automatic check to verify that the message is correct according to the minimum set of validation and verification rules available on the Master Data Register on the European Commission Fisheries website.
3.  
The receiver shall inform the sender on the reception of the message by transmitting a return message based on UN/CEFACT P1000-1: General Principles. Vessel monitoring system messages and replies to a request shall not receive a return message.
4.  
When a technical failure occurs on the sender side and the sender can no more exchange messages, the sender shall notify all receivers of the problem. The sender shall immediately take appropriate actions to correct the problem. All messages that have to be delivered to a receiver shall be stored until the problem is solved.
5.  
When a technical failure occurs on the receiver side and the receiver can no more receive messages, the receiver shall notify the all senders of the problem. The receiver shall immediately take appropriate actions to correct the problem.
6.  
After repair of a system failure related to a sender, the sender shall transmit unsent messages as soon as possible. A manual follow-up procedure may be applied.
7.  
After repair of a system failure related to the receiver, missing messages shall be accessible on request. A manual follow-up procedure may be applied.
8.  
All senders and receivers of messages and the Commission shall establish failover procedures for business continuity.

Article 146e

Corrections

Corrections to reports shall be recorded in the same format as the original report, indicating that the report is a correction based on the UN/CEFACT P1000-1: General Principles.

Article 146f

Exchange of vessel monitoring system data

1.  
The format to be used to report vessel monitoring system data between Member States, as well as between Member States and the Commission or the body designated by it, shall be the Vessel Position Domain XML Schema Definition based on the UN/CEFACT P1000-7.
2.  
Flag Member State systems shall be capable of sending vessel monitoring system messages.
3.  
Flag Member State systems shall also be capable of replying to requests for vessel monitoring system data for fishing trips that started during the previous 36 months.

Article 146g

Exchange of fishing activity data

1.  
The format to be used to exchange fishing logbook data, prior notification data, transhipment declaration data, and landing declaration data, as referred to in Articles 15, 17, 22 and 24 of the Control Regulation, between Member States, as well as between Member States and the Commission or the body designated by it, shall be the Fishing Activity Domain XML Schema Definition based on the UN/CEFACT P1000-3.
2.  
Flag Member State systems shall be capable of sending fishing activity messages as well as of replying to requests for fishing activity data for fishing trips that started during the previous 36 months.

Article 146h

Exchange of sales related data

1.  
The format to be used to exchange sales notes data and take-over declarations data, as referred to in Articles 63 and 67 of the Control Regulation, between Member States, as well as between Member States and the Commission or the body designated by it, shall be the Sales Domain XML Schema Definition based on the UN/CEFACT P1000-5.
2.  
When transport document data as referred to in Article 68 of the Control Regulation are exchanged between Member States, as well as between Member States and the Commission or the body designated by it, the format used shall also be based on the UN/CEFACT P1000-5.
3.  
Member State systems shall be capable of sending sales notes and take-over declarations messages as well as of replying to requests for sales notes and take-over data for operations taken place in the previous 36 months.

Article 146i

Transmission of aggregated catch data

▼M2

1.  
Flag Member States shall use the XML Schema Definition based on the UN/CEFACT P1000-12 as format to transmit to the Commission the aggregated catch data referred to in Article 33(2) and (4) of the Control Regulation.

▼M1

2.  
The catch report data shall be aggregated per month in which the species were caught.

▼M2

3.  
The catch report quantities shall be based on the quantities landed. If catches are not yet landed, an estimate catch report shall be provided, with the indication ‘retained on board’. A correction with the exact weight and landing place shall be transmitted before the 15th of the month following the landing.

▼M1

4.  
When the Union legislation requires the reporting of stocks or species in multiple catch reports at different aggregation levels, these stocks or species shall only be reported in the most detailed report required.

Article 146j

Changes to XML formats and implementation documents

▼M2

1.  
Amendments to XML formats and implementation documents to be used for all electronic data exchanges between Member States, and between Member States, the Commission or the body designated by it, including the amendments resulting from Articles 146f, 146g, 146h and 146k, shall be decided by the Commission in concert with Member States.

▼M1

2.  
The amendments referred to in paragraph 1 shall be clearly identified on the Master Data Register of the European Commission Fisheries website and marked with the date the amendment comes into effect. Such amendments shall not come into effect earlier than 6 months and no later than 18 months after they have been decided. The timing shall be decided by the Commission in concert with Member States.

▼M2

Article 146k

Exchange of inspection and surveillance related data

1.  
The format to be used to exchange inspection and surveillance report data, referred to in Articles 71, 76 and 83 of the Control Regulation, between Member States, as well as between Member States and the Commission or the body designated by it, shall be the Inspection and Surveillance Domain XML Schema Definition based on the UN/CEFACT P1000-8.
2.  
As from a date established in concert with Member States in accordance with Article 146j(2), Member State systems shall be capable of sending inspection and surveillance messages and of replying to requests for inspection and surveillance data in accordance with the Inspection and Surveillance Domain XML Schema Definition based on the UN/CEFACT P1000-8.

▼B

CHAPTER II

Websites of Member States

Article 147

Operation of websites and web services

1.  
For the purpose of the official websites referred to in Articles 115 and 116 of the Control Regulation Member States shall create web services. These web services shall generate real-time and dynamic content for the official websites and they shall provide automated access to the data. If necessary, Member States shall adapt their existing databases or create new databases in order to provide the required content of the web services.
2.  
This web services shall enable the Commission and the body designated by it to pull all available data referred to in Articles 148 and 149 of this Regulation at any time. That automated pulling mechanism shall be based on the electronic information exchange protocol and format referred to Annex XII. Web services shall be created according to international standards.
3.  
Every subpage of the official website referred to in paragraph 1 shall contain a menu at the left side where hyperlinks to all other subpages are listed. It shall also contain the definition of the related web service at the bottom of the subpage.
4.  
Web services and websites shall be deployed in a centralised manner, providing only one unique access point per Member State.
5.  
The Commission may lay down common standards, technical specifications and procedures for the website’s interface, technically compatible computerised systems and web services among Member States, the Commission and the body designated by it. The Commission shall coordinate the process to create those specifications and procedures after consultation with the Member States.

Article 148

Publicly accessible website and web services

1.  
The publicly accessible part of the website shall contain an overview page and different subpages. The public overview page shall list hyperlinks containing the references in Article 115(a) to (g) of the Control Regulation and referring to subpages providing the information referred to in that Article.
2.  
Each public subpage shall contain at least one of the information items listed in Article 115(a) to (g) of the Control Regulation. Subpages, as well as the related web services, shall contain at least the information set out in Annex XXXIII.

Article 149

Secured website and web services

1.  
The secure part of the website shall contain an overview page and different subpages. The secure overview page shall list hyperlinks containing the references in Article 116(1)(a) to (h) of the Control Regulation and referring to subpages providing the information referred to in that Article.
2.  
Each secure subpage shall contain at least one of the information items listed in Article 116(1)(a) to (h) of the Control Regulation. Subpages, as well as the related web services, shall contain at least the information set out in Annex XXIV.
3.  
Both the secure website as the secure web services shall make use of electronic certificates referred to in Article 116(3) of the Control Regulation.

TITLE X

IMPLEMENTATION

CHAPTER I

Mutual assistance

Section 1

General provisions

Article 150

Scope

1.  
This Chapter lays down the conditions under which the Member States shall administratively cooperate with each other, with third countries, with the Commission and with the body designated by it in order to ensure the effective application of the Control Regulation and of this Regulation. It does not prevent Member States to establish other forms of administrative cooperation.
2.  
This Chapter shall not bind Member States to grant each other assistance where that would be likely to be injurious to their national legal system, public policy, security or other fundamental interests. Before denying a request for assistance, the requested Member State shall consult the applicant Member State to determine whether assistance may be given in part, subject to specific terms and conditions. Where a request for assistance cannot be complied with the applicant Member State and the Commission or the body designated by it shall promptly be notified of that fact and reasons shall be stated.
3.  
This Chapter shall not affect the application in the Member States of rules on criminal procedure and mutual assistance in criminal matters, including those on secrecy of judicial inquiries.

Article 151

Costs

Member States shall bear their own costs of executing a request for assistance and shall waive all claims for the reimbursement of expenses incurred in applying this Title.

Article 152

Single authority

The single authority referred to in Article 5(5) of the Control Regulation shall act as a single liaison office responsible for the application of this Chapter.

Article 153

Follow up measures

1.  
Where national authorities decide, in response to a request for assistance based on this Chapter or following a spontaneous exchange of information, to take measures which may be implemented only with the authorisation or at the demand of a judicial authority, they shall communicate to the Member State concerned and the Commission or the body designated by it any information on those measures which is related to non-compliance with rules of the Common Fisheries Policy.
2.  
Any such communication must have the prior authorisation of the judicial authority if such authorisation is required by national law.

Section 2

Information without prior request

Article 154

Information without prior request

1.  
When a Member State becomes aware of any potential non-compliance with the rules of the Common Fisheries Policy, in particular serious infringement referred to in Article 90(1) of the Control Regulation or reasonably suspects that such an infringement may occur, it shall notify the other Member States concerned and the Commission or the body designated by it, without delay. That notification shall supply all necessary information and shall be made via the single authority as referred to in Article 152 of this Regulation.
2.  
When a Member State takes enforcement measures in relation to a non-compliance or an infringement referred to in paragraph 1, it shall notify the other Member States concerned and the Commission or the body designated by it via the single authority as referred to in Article 152 of this Regulation.
3.  
All notifications according to this Article shall be made in writing.

Section 3

Requests for assistance

Article 155

Definition

For the purpose of this Section ‘request for assistance’ means a request addressed by one Member State to another Member State or by the Commission or the body designated by it to a Member State for:

(a) 

information including information according to Article 93(2) and (3) of the Control Regulation;

(b) 

enforcement measures; or

(c) 

administrative notification.

Article 156

General requirements

1.  
The applicant Member State shall ensure that all requests for assistance contain sufficient information to enable a requested Member State to fulfil the request, including any necessary evidence obtainable in the territory of the applicant Member State.
2.  
Requests for assistance shall be limited to substantiated cases where there is reasonable cause to believe that non-compliance with rules of the Common Fisheries Policy, in particular serious infringements referred to in Article 90(1) of the Control Regulation have occurred and where the applicant Member State is not able to obtain the requested information or to take the requested measures by its own means.

Article 157

Transmission of requests and replies

1.  
Requests shall only be sent by the single authority of the applicant Member State, by the Commission or the body designated by it to the single authority of the requested Member State. All replies to a request shall be communicated in the same way.
2.  
Requests for mutual assistance and the respective replies shall be made in writing.
3.  
The languages used for requests and replies shall be agreed by the single authorities concerned before requests are made. If no agreement can be reached, requests shall be communicated in the official language(s) of the applicant Member State and replies in the official language(s) of the requested Member State.

Article 158

Requests for information

1.  
A Member State shall, at the request of an applicant Member State, of the Commission or the body designated by it, supply any relevant information required to establish whether non-compliance with the rules of the Common Fisheries Policy, in particular serious infringements as referred to in Article 90(1) of the Control Regulation, have occurred or to establish whether there is a reasonable suspicion it may occur. That information shall be supplied via the single authority as referred to in Article 152 of this Regulation.
2.  
The requested Member State shall, at the request of the applicant Member State, of the Commission or the body designated by it, carry out the appropriate administrative enquiries concerning operations which constitute or appear to the applicant to constitute non-compliance with the rules of the Common Fisheries Policy, in particular serious infringements referred to in Article 90(1) of the Control Regulation The requested Member State shall communicate the results of such administrative enquiries to the applicant Member State and to the Commission or the body designated by it.
3.  
At the request of the applicant Member State, of the Commission or the body designated by it, the requested Member State may permit a competent official of the applicant Member State to accompany the officials of the requested Member State, the Commission or the body designated by it, in the course of administrative enquiries referred to in paragraph 2. In so far as national provisions on criminal proceedings restrict certain acts to officials specifically designated by national law, the officials of the applicant Member State shall not take part in such acts. In no event, shall they participate in searches of premises or the formal questioning of persons under criminal law. The officials of the applicant Member States present in the requested Member State must at all time be able to present written authority stating their identity and their official functions.
4.  
At the request of the applicant Member State, the requested Member State shall supply it with any document or certified true copies in its possession which relates to non-compliance with the rules of the Common Fisheries Policy or serious infringements referred to in Article 90(1) of the Control Regulation.
5.  
The standard form for the exchange of information on request is set out in Annex XXXIV.

Article 159

Requests for enforcement measures

1.  
A requested Member State shall, based on the evidence referred to in Article 156 of this Regulation, at the request of an applicant Member State, of the Commission or the body designated by it, take all necessary enforcement measures to bring about the cessation, within its territory or within maritime waters under its sovereignty or jurisdiction, of any non-compliance with the rules of the Common Fisheries Policy or serious infringements referred to in Article 90(1) of the Control Regulation without delay.
2.  
The requested Member State may consult the applicant Member State, the Commission or the body designated by it in the course of taking the enforcement measures referred to in paragraph 1.
3.  
The requested Member State shall report the measures taken and their effect to the applicant Member State, the other Member States concerned, the Commission or the body designated by it, via the single authority as referred to in Article 152 of this Regulation.

Article 160

Deadline for replies to requests for information and enforcement measures

1.  
The requested Member State shall provide the information referred to in Articles 158(1) and 159(3) of this Regulation as quickly as possible, but not later than 4 weeks following the date of receipt of the request. Different time limits may be agreed between the requested and the applicant Member State, the Commission or the body designated by it.
2.  
Where the requested Member State is unable to respond to the request by the deadline, it shall inform the applicant Member State, the Commission or the body designated by it in writing of the reason for its failure to do so, and indicate when it considers it will be able to respond.

Article 161

Requests for administrative notification

1.  
A requested Member State shall, at the request of an applicant Member State and in accordance with its national rules governing the notification of similar instruments and decisions, notify the addressee of all instruments and decisions taken in the field covered by the Common Fisheries Policy, in particular on issues regulated under the Control Regulation or this Regulation which emanate from the administrative authorities of the applicant Member State and are to be served in the territory of the requested Member State.
2.  
Requests for notification shall be made using the standard form attached to this Regulation in Annex XXXV.
3.  
The requested Member State shall transmit its reply to the applicant Member State immediately after the notification via the single authority referred to in Article 152 of this Regulation. The reply shall be made using the standard form set out in Annex XXXVI.

Section 4

Relations with the Commission or the body designated by it

Article 162

Communication between the Member States and the Commission or the body designated by it

1.  
Each Member State shall communicate to the Commission or the body designated by it as soon as it is available to it any information it considers relevant concerning methods, practices or revealed tendencies used or suspected of having been used in cases of non-compliance with the rules of the Common Fisheries Policy, in particular in serious infringements as referred to in Article 90(1) of the Control Regulation.
2.  
The Commission or the body designated by it shall communicate to the Member States, as soon as it becomes available to it, any information that would help them in the enforcement of the Control Regulation or of this Regulation.

Article 163

Coordination by the Commission or the body designated by it

1.  
Where a Member State becomes aware of operations which constitute, or appear to constitute, non-compliance with the rules of the Common Fisheries Policy, in particular serious infringements referred to in Article 90(1) of the Control Regulation, and which are of particular relevance at Union level, it shall communicate to the Commission or the body designated by it as soon as possible any relevant information needed to determine the facts. The Commission or the body designated by it shall convey that information to the other Member States concerned.
2.  

For the purposes of paragraph 1, operations which constitute non-compliance with the rules of the Common Fisheries Policy, in particular serious infringements as referred to in Article 90(1) of the Control Regulation shall be deemed to be of particular relevance at the level of the European Union especially where:

(a) 

they have, or might have, connections in one or more Member States; or

(b) 

it appears likely to the Member State that similar operations have also been carried out in other Member States.

3.  
Where the Commission or the body designated by it considers that operations which constitute non-compliance with the rules of the Common Fisheries Policy, in particular serious infringements as referred to in Article 90(1) of the Control Regulation have taken place in one or more Member States, it shall inform the Member States concerned thereof which shall as soon as possible carry out enquiries. The Member States concerned shall, as soon as possible, communicate to the Commission or the body designated by it the findings of those enquiries.

Section 5

Relations with third countries

Article 164

Information exchange with third countries

1.  
When a Member State receives information from a third country or a Regional Fisheries Management Organisation which is relevant for the effective application of the Control Regulation and this Regulation, it shall communicate that information via the single authority to the other Member States concerned, to the Commission or the body designated by it, in so far as it is permitted to do so by bilateral agreements with that third country or the rules of that Regional Fisheries Management Organisation.
2.  
Information received under this Chapter may be communicated to a third country or a Regional Fisheries Management Organisation by a Member State via its single authority under a bilateral agreement with that third country or in accordance with the rules of that Regional Fisheries Management Organisation. That communication shall take place after consultation of the Member State that originally communicated the information and in accordance with EU and national legislation regarding the protection of individuals with regard to the processing of personal data.

▼M1

3.  
The Commission or the body designated by it may, in the framework of sustainable fisheries partnership agreements or of fisheries partnership agreements concluded between the Union and third countries or in the framework of Regional Fisheries Management Organisations or similar arrangements to which the Union is a Contracting Party or a non-contracting Cooperating Party, communicate relevant information concerning non-compliance with the rules of the Common Fisheries Policy or serious infringements referred to in Article 42(1)(a) of Regulation (EC) No 1005/2008 and in Article 90(1) of the Control Regulation to other parties to those agreements, organisations or arrangements, subject to the consent of the Member State that supplied the information and in accordance with Article 9 of Regulation (EC) No 45/2001 ( 13 ).

▼B

CHAPTER II

Reporting obligations

Article 165

Format and deadlines for reports

1.  
For the 5 years-report as referred to in Article 118(1) of the Control Regulation Member Sates shall use the data defined in Annex XXXVII.
2.  
The report stating the rules that have been used for producing reports on basic data as referred to in Article 118(4) of the Control Regulation shall be sent 6 months after the entry into force of this Regulation. Member States shall send a new report when these rules are modified.

TITLE XI

FINAL PROVISIONS

Article 166

Repeals

1.  
Regulations (EEC) No 2807/83, (EEC) No 3561/85, (EEC) No 493/87, (EEC) No 1381/87, (EEC) No 1382/87, (EEC) No 2943/95, (EC) No 1449/98, (EC) No 2244/2003, (EC) No 1281/2005, (EC) No 1042/2006, (EC) No 1542/2007, (EC) No 1077/2008 and (EC) No 409/2009 shall be repealed.
2.  
Regulation (EC) No 356/2005 shall be repealed with effect from 1 January 2012.
3.  
References to the repealed Regulations shall be construed as references to this Regulation.

Article 167

Entry into force

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union, except Title VII, which shall enter into force on 1 July 2011.

However, Title II, Chapter III and Title IV, Chapter 1 shall apply as from 1 January 2012. In accordance with Article 124(c) of the Control Regulation and the previous paragraph Title VII shall apply as from 1 January 2012.

This Regulation shall be binding in its entirety and directly applicable in all Member States.




ANNEX I



Table 1

Product presentation alpha-3 codes

3-Alpha product presentation code

Presentation

Description

CBF

Cod butterfly (escalado)

HEA with skin on, spine on, tail on

CLA

Claws

Claws only

DWT

ICCAT code

Gilled, gutted, part of head off, fins off

FIL

Filleted

HEA+GUT+TLD+bones off, each fish originates two fillets not joined by any par

FIS

Filleted and skinned fillets

FIL+SKI Each fish originates two fillets not joined by any part

FSB

Filleted with skin and bones

Filleted with skin and bones on

FSP

Filleted skinned with pinbone on

Filleted with skin removed and pinbone on

GHT

Gutted headed and tailed

GUH+TLD

GUG

Gutted and gilled

Guts and gills removed

GUH

Gutted and headed

Guts and head removed

GUL

Gutted liver in

GUT without removing liver parts

GUS

Gutted headed and skinned

GUH+SKI

GUT

Gutted

All guts removed

HEA

Headed

Heads off

JAP

Japanese cut

Transversal cut removing all parts from head to belly

JAT

Tailed Japanese cut

Japanese cut with tail removed

LAP

Lappen

Double fillet, HEA, skin+tails+fins ON

LVR

Liver

Liver only, In case of collective presentation use code LVR-C

OTH

Other

Any other presentation (1)

ROE

Roe (s)

Roe(s) only in case of collective presentation use code ROE-C

SAD

Salted dry

Headed with skin on, spine on, tail on and salted directly

SAL

Salted wet light

CBF+salted

SGH

Salted, gutted and headed

GUH+salted

SGT

Salted gutted

GUT+salted

SKI

Skinned

Skin off

SUR

Surimi

Surimi

TAL

Tail

Tails only

TLD

Tailed

Tail off

TNG

Tongue

Tongue only. In case of collective presentation use code TNG-C

TUB

Tube only

Tube only (Squid)

WHL

Whole

No processing

WNG

Wings

Wings only

(1)   

When masters of fishing vessels use in the landing declaration or transhipment declaration the presentation code ‘OTH’ (Other), they shall describe exactly what the presentation ‘OTH’ refers to.



Table 2

State of processing

CODE

STATE

ALI

Alive

BOI

Boiled

DRI

Dried

FRE

Fresh

FRO

Frozen

SAL

salted




ANNEX II

MINIMUM INFORMATION FOR THE FISHING LICENCES

1.   FISHING VESSEL DETAILS ( 14 )

Union fleet register number ( 15 )

Name of fishing vessel ( 16 )

Flag state/Country of registration (16) 

Port of registration (Name and national code (16) )

External marking (16) 

International radio call sign (IRCS ( 17 ))

2.   LICENCE HOLDER / FISHING VESSEL OWNER (15)  / FISHING VESSEL AGENT (15) 

Name and address of natural or legal person

3.   CHARACTERISTICS OF FISHING CAPACITY

Engine power (kW) ( 18 )

Tonnage (GT) ( 19 )

Length overall (19) 

Main fishing gear ( 20 )

Subsidiary fishing gears (20) 

OTHER NATIONAL MEASURES AS APPLICABLE




ANNEX III

MINIMUM INFORMATION FOR FISHING AUTHORISATIONS

A.   IDENTIFICATION

1. Union fleet register number ( 21 )

2. Name of fishing vessel ( 22 )

3. External registration letters and number (21) 

B.   FISHING CONDITIONS

1. Date of issue:

2. Period of validity:

3. Conditions of authorisation including, where appropriate, species, zone and fishing gear:



 

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Zones

 

 

 

 

 

 

Species

 

 

 

 

 

 

Fishing gear

 

 

 

 

 

 

Other conditions

 

 

 

 

 

 

Any other requirement arising from an application for a fishing authorisation.




ANNEX IV

CHARACTERISTICS OF MARKER BUOYS

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WESTERN END MARKER BUOYS