(1)

Regulation (EC) No 1005/2008 established a Union system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing.

(2)

Commission Regulation (EC) No 1010/2009 (2) laid down detailed rules for the implementation of Regulation (EC) No 1005/2008.

(3)

Regulation (EC) No 1005/2008 was subsequently amended by Regulation (EU) 2023/2842 of the European Parliament and of the Council (3).

(4)

A number of amendments introduced by Regulation (EU) 2023/2842 relate to provisions that were established under Regulation (EC) No 1010/2009.

(5)

It is therefore appropriate to amend Regulation (EC) No 1010/2009 to adapt it to the changes introduced in Regulation (EC) No 1005/2008, as amended by Regulation (EU) 2023/2842.

(6)

Article 2 of Regulation (EC) No 1010/2009 sets out a form for the prior notification referred to in Article 6(1) of Regulation (EC) No 1005/2008. This form is to be simplified to avoid duplications on the information to be reported. Therefore, Article 2 of Regulation (EC) No 1010/2009 and its corresponding Annex are to be updated.

(7)

Article 9(1) of Regulation (EC) No 1005/2008 provides that Member States are to carry out port inspections of at least 5 % of landing and transhipment operations by third country fishing vessels in accordance with benchmarks determined on the basis of risk management. These benchmarks are established in Article 4 of Regulation (EC) No 1010/2009. Article 5(2) of Regulation (EC) No 1010/2009 provides that these benchmarks are to be updated by the Commission, based on the result of the reporting to be done by Member States on their application. Changes to the benchmarks were also introduced by Regulation (EU) 2023/2842 to Articles 3, 10 and 11 of Regulation (EC) No 1005/2008. Article 4 of Regulation (EC) No 1010/2009 therefore needs to be updated accordingly.

(8)

Article 6 of Regulation (EC) No 1010/2009 introduced a simplified form of catch certificate for some fishery products obtained by small fishing vessels, in view of the possible capacity constraints faced by such vessels for the proper implementation of the certification scheme. In the absence of a general definition of small-scale fisheries, Article 6 of the same Regulation laid down certain specific criteria on the basis of which the validation of a simplified catch certificate may be requested by the exporter. These criteria should take account of the limited capacity of the fishing vessels concerned, which would in turn make the obligation to apply the standard catch certification scheme a disproportionate burden. Those conditions for the eligibility for the use of the simplified form should be amended in order to render them easier to implement and to verify by the competent authorities in the Union. In addition, the simplified form of the catch certificate should be adapted to the use of CATCH and to the modification introduced by Regulation (EU) 2023/2842 in the form of the catch certificate laid down in Annex II to Regulation (EC) No 1005/2008. In order to provide adequate time to economic operators and third countries authorities to adapt to the modifications to the form of the simplified catch certificate, transitional provisions should be laid down.

(9)

Regulation (EU) 2017/625 of the European Parliament and of the Council (4) establishes, inter alia, rules for the Member States’ performance of official controls and other official activities on animals and goods entering the Union in order to ensure the correct application of the Union agri-food chain legislation. It requires the Commission, in collaboration with Member States, to set up and manage a computerised information management system for official controls (IMSOC) to manage, handle and automatically exchange data, information and documents in relation to official controls.

(10)

Commission Implementing Regulation (EU) 2019/1715 (5) lays down rules for the functioning of the information management system for official controls and its system components (‘the IMSOC Regulation’). The IMSOC integrates and upgrades as necessary certain information systems managed by the Commission and acts as an interoperability scheme connecting them and, in certain cases, also existing national systems of the Member States and information systems of third countries and international organisations. One of the IMSOC components is the Trade Control and Expert System (TRACES system) referred to in Article 133(4) of Regulation (EU) 2017/625 and currently used for the management of data and information on animals and some other products and official controls thereon.

(11)

Regulation (EU) 2023/2842 amended Chapter III of Regulation (EC) No 1005/2008 by establishing the compulsory use for EU importers and competent authorities in the Member States of a database for the management of catch certificates and related documents named CATCH. This database has been developed by the Commission as part of the TRACES system. CATCH allows for risk-based control, reducing the risk of fraudulent imports and easing the administrative burden for the competent authorities of Member States.

(12)

CATCH, as part of the TRACES system, complies with the provisions laid down in Implementing Regulation (EU) 2019/1715 where relevant for the use and the functioning of CATCH.

(13)

Specific rules and instructions for the functioning of CATCH, including the production, handling and submission of catch certificates and related documents and the information contained therein in CATCH are to be established.

(14)

Article 13(1) of Regulation (EC) No 1005/2008 provides for the recognition of catch documentation schemes adopted by regional fisheries management organisations (hereinafter referred to as RFMOs) which are considered as complying with the requirements of the said Regulation. Article 7 of Regulation (EC) No 1010/2009 recognised the catch documentation schemes of certain RFMOs as complying with the requirements of Regulation (EC) No 1005/2008 and listed them in Annex V, Part I and Part II. This list is to be updated considering the developments of these schemes and the use of CATCH.

(15)

Economic operators who fulfil the conditions for obtaining the status of approved economic operator can benefit from a simplified procedure when importing fishery products into the territory of the Union. One of the benefits of obtaining the status of approved economic operator, on the basis of criteria established in Article 16(3) of Regulation (EC) No 1005/2008, is to have the possibility to advise the competent authorities of the Member State of the arrival of the products and to keep the validated catch certificate and related documents, as referred to in Article 14, available to the authorities for the purposes of checks in accordance with Article 16(1) or verifications in accordance with Article 17 of the same Regulation. However, Article 12a(2) of that Regulation, establishes that all exchange of information, data and documents in relation to the importation of fishery products and related checks, risk management, verifications and control, as well as in relation to the documents referred to in Chapter III of the mentioned Regulation concerning the catch certification scheme for importation and exportation of fishery products including applications or decisions between the importer and the competent authorities of Member States, are to be made using CATCH. Therefore, the rules related to the status of approved economic operators are to be updated to comply with the mandatory use of CATCH. As a result, Article 12 of Regulation (EC) No 1010/2009 should be amended accordingly.

(16)

Article 17(3) of Regulation (EC) No 1005/2008 establishes that verifications under the catch certification scheme are to be focused on risks identified on the basis of common Union criteria for verifications, which were subsequently established in Article 31 of Regulation (EC) No 1010/2009.

(17)

These common criteria for verifications under the catch certification scheme are to allow for the systematic identification of risks and the implementation of measures necessary for limiting exposure to such risks. The common Union criteria aim at ensuring a harmonised approach to verifications in all Member States and to establish a level playing field for all operators.

(18)

Article 32 of Regulation (EC) No 1010/2009 allows the Commission to update the Union criteria for verification on the basis of its own observations and the reports to be submitted every two years by the Member States on the application of those criteria. Article 31 of Regulation (EC) No 1010/2009 should therefore be updated based on the result of the reporting done by Member States on their application under Article 32 of the Regulation (EC) No 1010/2009 and the use of CATCH.

(19)

The reporting obligations and evaluation established in Article 32 of Regulation (EC) No 1010/2009 are also to be updated in order to harmonise the information to be contained in the reports submitted by Member States in accordance with Article 55(1) of Regulation (EC) No 1005/2008 and allow the Commission to carry out possible adjustments of the Union criteria.

(20)

Article 12(4) of Regulation (EC) No 1005/2008 provides for administrative cooperation between the Commission and third countries in areas pertaining to the implementation of the catch certification provisions. Within the framework of Article 20(4) of Regulation (EC) No 1005/2008, the catch certificate may be established, validated or submitted by electronic means or may be replaced by electronic traceability systems ensuring the same level of control by authorities, in agreement with flag States through administrative arrangements.

(21)

Administrative arrangements established within the framework of the administrative cooperation set out in Article 20(4) of Regulation (EC) No 1005/2008, are listed in Annex IX to Regulation (EC) No 1010/2009.

(22)

The amendment of Regulation (EC) No 1005/2008, through Regulation (EU) 2023/2842, introduced the mandatory use of CATCH, as well as changes to the template of the catch certificate, with the purpose of reducing the fraudulent use of catch certificates and to assist the competent authorities in the Member States with their controls.

(23)

CATCH will carry out cross-checks based on the data contained in the new catch certificates. These cross-checks can only be executed if all the data required in the catch certificate are provided. Missing data or data deviating from the standard template will affect cross-checks and will therefore negatively impact the controls performed by the authorities in the Member States. The absence of such data in the catch certificates could also affect the new traceability requirements established in CATCH.

(24)

Consequently, the administrative arrangements established between the Commission and seven third countries, set out in Annex IX to Regulation (EC) No 1010/2009, will no longer be compatible with CATCH and the requirements in the catch certification scheme. Article 33 of that Regulation that set out these arrangements should therefore be deleted accordingly. The Commission has informed all the third countries concerned, that the administrative arrangements will be terminated as of 10 January 2026.

(25)

The protection of natural persons regarding the processing of personal data and on the free movement of such data is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council (6). The protection of natural persons with regard to the processing of personal data by the Commission is governed by Regulation (EU) 2018/1725 of the European Parliament and of the Council (7), in particular in relation to the requirements of confidentiality and security of processing, the transfer of personal data from the national systems of Member States to the Commission, the lawfulness of processing, and the rights of data subjects to information, access to, rectification and erasure of their personal data.

(26)

In line with the Commission Decision (EU) 2019/1862 (8), the Commission may process personal data in order to implement Regulation (EC) No 1005/2008. Internal rules have been laid down in relation to the provision of information to data subjects and the restrictions of certain of their rights in the context of the processing of personal data by the Commission in the Union system to prevent, deter and eliminate illegal, unreported and unregulated fishing.

(27)

Regulation (EC) No 1010/2009 should therefore be amended accordingly.

(28)

The Commission is empowered to adopt implementing acts in accordance with Article 52 of Regulation (EC) No 1005/2008, assisted by the Committee for Fisheries and Aquaculture.

(29)

The Committee for Fisheries and Aquaculture has not delivered an opinion within the time limit laid down by its chair.

(30)

The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on 13 June 2025,

(1)

Article 2 is replaced by the following:

(2)

Article 4 is replaced by the following:

(3)

Article 6 is replaced by the following:

(4)

The following Article 6a is inserted:

(*1)  Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency (OJ L 83, 25.3.2019, p. 18, ELI: http://data.europa.eu/eli/reg/2019/473/oj).’;"

(5)

Article 7 is replaced by the following:

(6)

Article 12 is replaced by the following:

(7)

the title of Chapter III and Article 31 are replaced by the following:

‘ CHAPTER III

Checks and verifications

(8)

Article 32 is replaced by the following:

(9)

Article 33 is deleted;

(10)

Article 36 is replaced by the following:

(*2)  Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89, ELI: http://data.europa.eu/eli/dir/2016/680/oj).’;"

(11)

Article 37 is replaced by the following:

(12)

Reference to Article 42(1)(b) and (c) of Regulation (EC) No 1005/2008 throughout Regulation (EC) No 1010/2009 shall be replaced by reference to Article 42 of Regulation (EC) No 1005/2008;

(13)

Annex IIA and Annex IIB are replaced by the text in Annex I to this Regulation;

(14)

Annex IV is replaced by the text in Annex II to this Regulation;

(15)

Annex V is replaced by the text in Annex III to this Regulation;

(16)

Annex IX is deleted.