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Document 02011R0404-20200714
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
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
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
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 (OJ L 112 30.4.2011, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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COMMISSION IMPLEMENTING REGULATION (EU) 2015/1962 of 28 October 2015 |
L 287 |
6 |
31.10.2015 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2020/30 of 14 January 2020 |
L 9 |
3 |
15.1.2020 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2020/863 of 22 June 2020 |
L 200 |
1 |
24.6.2020 |
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Corrected by:
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:
‘Union fishing vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;
‘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 );
‘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;
‘Union inspectors’ means inspectors as defined in Article 4(7) of the Control Regulation;
‘fish aggregating device’ means any equipment floating on the sea surface or anchored with the objective of attracting fish;
‘passive gear’ means any fishing gear the catch operation of which does not require an active movement of the gear, including:
gillnets, entangling nets, trammel nets, and trap nets;
drifting gillnets, and drifting trammel nets, any of which may be equipped with anchoring, floating and navigational gear;
long lines, lines, pots and traps;
‘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;
‘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;
‘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;
‘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;
‘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;
‘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;
‘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;
‘European Fisheries Control Agency’ means the agency as defined in Article 1 of Council Regulation (EC) No 768/2005 ( 2 );
‘sighting’ means any observation of a fishing vessel by any competent authority of a Member State;
‘commercially sensitive information’ means information the release of which is likely to prejudice the commercial interests of an operator;
‘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;
‘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
CHAPTER II
Fishing authorisations
Article 4
Fishing authorisations
Article 5
List of fishing authorisations
CHAPTER III
Marking and identification of ►M1 Union fishing vessels ◄ and their gear
Article 6
Marking of fishing vessels
A ►M1 Union fishing vessel ◄ shall be marked as follows:
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;
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;
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;
the contrasting colours shall be white and black;
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.
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:
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;
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;
all third country fishing vessels authorised to carry out fishing activities in Union waters.
Article 7
Documents carried on board a ►M1 Union fishing vessel ◄
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:
the name if any;
the letters of the port or district in which it is registered, and the number(s) under which it is registered;
the international radio call sign, if any;
the names and addresses of the owner(s) and, where applicable, the charterer(s);
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.
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
It shall be prohibited in ►M1 Union waters ◄ as set down in paragraph 1 to carry on board:
beams of a beam trawl which do not display the external registration letters and numbers in accordance with Article 10 of this Regulation;
passive gear which is not labelled in accordance with Article 11(2) of this Regulation;
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
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:
for nets, on a label attached to the upper first row;
for lines and long lines, on a label at the point of contact with the mooring buoy;
for pots and traps, on a label attached to the ground rope;
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
Each label shall be:
made of durable material;
securely fitted to the gear;
at least 65 millimetres broad;
at least 75 millimetres long.
Article 13
Rules for buoys
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:
letters and numbers shall be displayed as high above the water as possible so as to be clearly visible;
in a colour contrasting with the surface on which they are displayed.
Article 14
Rules for cords
Article 15
Rules for end marker buoys
Each end marker buoy shall include:
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;
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.
Article 16
Rules for fixing of end marker buoys
End marker buoys shall be fixed to passive gear in the following way:
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;
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.
Article 17
Intermediary marker buoys
Intermediary marker buoys shall be fixed to passive gear extending more than 5 nautical miles as follows:
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;
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.
Intermediary marker buoys shall have the same characteristics as those of the end marker buoy in the eastern sector except for the following:
the flags shall be white;
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 ◄
When a ►M1 Union fishing vessel ◄ is in port, the satellite-tracking device may only be switched off if:
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
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.
Article 19
Characteristics of satellite-tracking devices
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:
the fishing vessel identification;
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 %;
the date and time (expressed in Coordinated Universal Time (UTC)) of the fixing of the said position of the fishing vessel; and
the instant speed and course of the fishing vessel.
Article 20
Responsibilities of the masters concerning the satellite-tracking devices
Without prejudice to Article 26(1) of this Regulation, the master of a ►M1 Union fishing vessel ◄ shall ensure in particular that:
the data are not altered in any way;
the antenna or the antennas connected to the satellite tracking devices are not obstructed, disconnected or blocked in any way;
the power supply of the satellite-tracking devices is not interrupted in any way; and
the satellite-tracking device is not removed from the fishing vessel.
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
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:
any maritime area where specific rules on access to waters and resources apply;
fishing restricted areas referred to in Article 50 of the Control Regulation;
regulatory areas of the Regional Fisheries Management Organisations to which the European Union or certain Member States are a party;
waters under the sovereignty and jurisdiction of a third country.
Article 24
Transmission of data to the coastal Member State
Article 25
Technical failure or non-functioning of the satellite-tracking device
Article 26
Non-receipt of data
Article 27
Monitoring and recording of the fishing activities
Flag Member States shall:
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;
take all necessary measures to ensure that they are only used for official purposes; and
take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation.
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.
TITLE III
CONTROL OF FISHERIES
CHAPTER I
Fishing logbook, transhipment declaration and landing 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
Article 30
Models for fishing log-books, transhipment declarations and landing declarations in paper format
Article 31
Instructions for the completion and submission of fishing logbooks, transhipment declarations and landing declarations in paper format
Article 32
Deadlines for the submission of a fishing logbook, transhipment declaration and a landing declaration in paper format
Article 33
Completion of fishing logbook in paper format
The paper fishing logbook shall be completed with all obligatory information even when there are no catches:
daily by not later than 24.00 and before entering the port;
at the time of any inspection at sea;
at the time of events defined in the Community legislation or by the flag Member State.
A new line in the paper fishing logbook shall be filled in:
for each day at sea;
when fishing in a new ICES Division or another fishing zone the same day;
when entering fishing effort data.
A new page in the paper fishing logbook shall be filled in:
when using different gear, or a net of a different mesh size range, to that of the previous gear used;
for any fishing done after a transhipment or an intermediate landing;
if the number of columns is insufficient;
on departure from a port when no landing has taken place.
Article 34
Handing over of a transhipment declaration in paper format
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
Article 36
Requirement of electronic recording and reporting system on ►M1 Union fishing vessels ◄
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.
The fishing logbook, transhipment declaration and landing declaration in electronic format shall be completed in accordance with the instructions set out in Annex X.
Article 38
Return messages
Article 39
Provisions in the event of technical failure or non-functioning of electronic recording and reporting systems
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:
at the request of the competent authority of the flag State;
immediately after the last fishing operation or after the transhipment has been completed;
before entering into port;
at the time of any inspection at sea;
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).
Article 40
Non-receipt of data
Article 41
Data access failure
Article 42
Data on the functioning of the electronic recording and reporting system
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:
the list of their fishing vessels whose electronic recording and reporting systems have experienced technical failure or have failed to function;
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;
the number of transhipment declaration, landing declaration, takeover declaration and sales note transmissions received, broken down by flag Member State.
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
Article 45
Exchange of data between Member States
Member States shall:
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;
take all necessary measures to ensure that the data are only used for purposes as provided for in this Regulation; and
take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation.
Article 46
Single authority
Article 47
Frequency of transmission
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:
at the request of the competent authority of the flag Member State;
immediately after the last fishing operation has been completed;
before entering into port;
at the time of any inspection at sea;
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.
CHAPTER III
Common rules for fishing logbooks, transhipment declarations and landing declarations in paper or electronic format
Article 48
Definitions
For the purpose of this Chapter the following definitions shall apply:
‘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;
‘collective presentation’ means a presentation consisting of two or more parts extracted from the same fish.
Article 49
Conversion factors
Article 50
Calculation method
Article 51
General rules for fishing logbooks
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 ◄ :
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
The size of the sample to be inspected shall be determined on the basis of risk as follows:
‘very low’ risk: 3 % of the sample;
‘low’ risk: 5 % of the sample;
‘medium’ risk: 10 % of the sample;
‘high’ risk: 15 % of the sample;
‘very high’ risk: 20 % of the sample.
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:
on all landings of catches of all species in kilogram, including zero landings;
on the statistical rectangles where these catches were taken.
CHAPTER V
Control of fishing effort
Article 58
Fishing effort report
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
The measure referred to in paragraph 1 shall state:
which Member States have suffered prejudice (the prejudiced Member States) and the amount of the prejudice (as reduced by any quota exchanges);
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;
where applicable, the deductions to be made from the fishing opportunities of the exceeding Member States in proportion to the exceeded fishing opportunities;
where applicable, the additions to be made to the fishing opportunities of the prejudiced Member States in proportion to the prejudice suffered;
where applicable the date or dates on which the additions and deductions shall take effect;
where appropriate, any other necessary measure for remedying the prejudice suffered.
CHAPTER VII
Engine power
Article 61
Certification of propulsion engine power
Article 62
Verification and sampling plan
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:
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;
fishing vessels subject to limitations of vessel power resulting from national or European Union law;
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:
fleet segmentation or management units defined in national law;
length categories;
tonnage categories;
gears used;
target species.
Article 63
Physical verification
CHAPTER VIII
Control of recreational fisheries
Article 64
Establishment of sampling plans
The methods used in the sampling plans shall be established clearly and shall be, as far as possible:
stable over time;
standardised within regions;
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.
Article 65
Notification and evaluation of sampling plans
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:
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;
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.
TITLE IV
CONTROL OF MARKETING
CHAPTER I
Traceability
Article 66
Definition
For the purpose of this Chapter, the following definition shall apply:
Article 67
Information on lots
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:
as from 1 January 2013, to fisheries subject to a multiannual plan;
as from 1 January 2015, to other fisheries and aquaculture products.
The information listed in points (a) to (f) of Article 58(5) of the Control Regulation shall not apply to:
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 );
fisheries and aquaculture products caught or farmed in freshwater; and
ornamental fish, crustaceans and molluscs.
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:
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;
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 ).
▼M1 —————
CHAPTER II
Weighing of fisheries products
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
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:
the FAO alpha-3 codes of the species weighed;
result of weighing for each quantity of each species in kilograms product weight;
the external identification number and the name of the fishing vessel from which the weighed quantity originates;
presentation of the fisheries products weighed;
date of weighing (YYYY-MM-DD).
Article 71
Timing of weighing
Article 72
Weighing systems
Article 73
Weighing of frozen fisheries products
The natural or legal persons weighing the fisheries products shall keep a record per landing, indicating:
the name and external registration letters and numbers of the vessel from which the fishery products have been landed;
the species and, where appropriate, presentation of fish landed;
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;
the weight of each pallet in the sample and the average weight of the pallets;
the number of boxes or blocks on each pallet in the sample;
the tare weight per box, if different from the tare weight specified in point 4 of Annex XVIII;
the average weight of an empty pallet in accordance with the provisions of point 3(b) of Annex XVIII;
the average weight per box or block of fisheries per species and, where appropriate, presentation.
Article 74
Ice and water
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
Article 77
Control plans and programmes for the weighing of fisheries products after transport from the place of landing
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:
for herring in ICES zones I, II, IIIa, IV, Vb, VI and VII;
for mackerel in ICES zones IIa, IIIa, IV, Vb, VI, VII, VIII, IX, XII, XIV and Union waters of CECAF;
for horse mackerel in ICES zones IIa, IV, Vb, VI, VII, VIII, IX, X, XII, XIV and Union waters of CECAF;
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
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:
and where this control plan or common control programme has been approved by the Commission
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:
established landing and transhipment times;
established landing and transhipment places;
established inspection and surveillance procedures.
Article 80
Entry into a port of a Member State
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:
the port he intends to enter, the name of the vessel and its external registration letters and numbers;
the estimated time of arrival at that port;
the quantities in kilograms live weight of herring, mackerel, horse mackerel and blue whiting retained on board;
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.
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
Article 83
Publicly operated weighing facilities for fresh herring, mackerel, horse mackerel and blue whiting
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
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:
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;
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;
the species of fish;
the weight of each landing;
the date and time of the beginning and end of the weighing.
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.
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.
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:
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;
quantities by species of herring, mackerel, horse mackerel and blue whiting recorded in the fishing logbook and the quantities recorded in the landing declaration;
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;
catch area recorded in the vessel's fishing logbook and the VMS data for the vessel concerned.
Article 89
Monitoring of weighing
The following data shall be cross-checked in addition to those referred to in Article 88 of this Regulation:
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;
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;
unique identity numbers of tankers entered into the record in accordance with Article 84(2)(b) of this Regulation.
CHAPTER III
Sales notes and take-over declarations
Article 90
General rules
Article 91
Formats of sales notes and take-over declarations
Member States shall:
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;
take all necessary measures to ensure that the data are only used for purposes as provided for in this Regulation; and
take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation.
TITLE V
SURVEILLANCE
CHAPTER I
Surveillance reports
Article 92
Information to be recorded in the surveillance report
CHAPTER II
Control observers
Article 93
General rules concerning control observers
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:
Article 95
Duties of control observers
▼M1 —————
TITLE VI
INSPECTION
CHAPTER I
Conduct of inspections
Article 97
Officials authorised to conduct inspections at sea or on land
Article 98
General principles
Article 99
Duties of officials during the pre-inspection phase
During the pre-inspection phase officials shall, where possible, collect all appropriate information, including:
fishing licences and fishing authorisations;
VMS information corresponding to the current fishing trip;
aerial surveillance, and other sightings;
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
Article 101
Obligations of Member States, the Commission and European Fisheries Control Agency
Article 102
General provisions on inspections at sea
Article 103
Boarding fishing vessels at sea
Article 104
On board activities
Article 105
Preparation of inspection
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:
routinely subject to a sampling methodology based on a risk-based management; or
where it is suspected of failing to comply with the rules of the Common Fisheries Policy.
Article 106
Inspections in port
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.
Article 108
General principles
Article 109
Transport vehicles sealed
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.
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 ).
CHAPTER II
Duties of operators
Article 113
General obligations of operators
All operators subject to an inspection shall:
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;
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;
ensure at any moment the safety of officials, and actively assist and cooperate with the officials in the performance of their inspection duties;
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;
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
The master of a fishing vessel which is being inspected or his representative shall:
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;
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;
facilitate the officials to perform their inspection duties, providing such assistance as is requested and is reasonable;
permit the official(s) to communicate with the authorities of the flag State, the coastal State and the inspecting State;
alert officials to particular safety hazards on board fishing vessels;
provide access by officials to all areas of the vessel, all processed or unprocessed catches, all fishing gears and all relevant information and documents;
facilitate safe disembarkation by officials on completion of the inspection.
CHAPTER III
Inspection report
Article 115
Common rules concerning inspection reports
Article 116
Completion of inspection reports
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
CHAPTER V
Union inspectors
Article 119
Notification of Union inspectors
Officials to be included in the list shall:
have a thorough experience in the field of fisheries control and inspection;
have an in-depth knowledge of fisheries legislation of the European Union;
have a thorough knowledge of one of the official languages of the European Union and a satisfactory knowledge of a second;
be physically fit to perform their duties;
have, where appropriate, received the necessary training with regard the safety at sea.
Article 120
List of Union inspectors
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
Article 123
Reports
Article 124
Follow-up of reports
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:
setting up the system for the attribution of points for serious infringements, as referred to in Article 92(1) of the Control Regulation;
assigning the appropriate numbers of points to the holder of a fishing licence;
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
keeping relevant records of the points assigned or transferred to the holder for each fishing licence.
Article 126
Assignation of points
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
Article 130
Follow-up of suspension and permanent withdrawal of fishing licence
Article 131
Deletion of fishing licences from relevant lists
Article 132
Illegal fishing during the suspension period or after the permanent withdrawal of a fishing licence
Article 133
Deletion of points
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:
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
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
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
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.
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 —————
CHAPTER II
Deduction of fishing opportunities
Article 139
General rules for the deduction of fishing opportunities for excess of utilisation
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
Article 142
Determination of the quantities to be deducted
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 database or databases storing all data to be validated by this system, as referred to in Article 144 of this Regulation;
validation procedures including data quality checks, analysis and cross-checks of all these data, as referred to in Article 145 of this Regulation;
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
Article 145
Validation procedures
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
Member States shall ensure that the Commission or the body designated by it have at any time real-time access to:
all the data referred in Article 144(1) of this Regulation;
all business rules defined for the validation system, containing the definition, the relevant legislation and the place where the validation results are stored;
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.
CHAPTER Ia
Rules for the exchange of data
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.
Article 146b
Definitions
For the purpose of this Chapter the following definitions shall apply:
‘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;
‘Report’ means the information recorded by electronic means;
‘Message’ means the report in its format for transmission;
‘Request’ means an electronic message containing a query for a set of reports.
Article 146c
General principles
Article 146d
Transmission of messages
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
Article 146g
Exchange of fishing activity data
Article 146h
Exchange of sales related data
Article 146i
Transmission of aggregated catch data
Article 146j
Changes to XML formats and implementation documents
Article 146k
Exchange of inspection and surveillance related data
CHAPTER II
Websites of Member States
Article 147
Operation of websites and web services
Article 148
Publicly accessible website and web services
Article 149
Secured website and web services
TITLE X
IMPLEMENTATION
CHAPTER I
Mutual assistance
Article 150
Scope
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
Article 154
Information without prior request
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:
information including information according to Article 93(2) and (3) of the Control Regulation;
enforcement measures; or
administrative notification.
Article 156
General requirements
Article 157
Transmission of requests and replies
Article 158
Requests for information
Article 159
Requests for enforcement measures
Article 160
Deadline for replies to requests for information and enforcement measures
Article 161
Requests for administrative notification
Article 162
Communication between the Member States and the Commission or the body designated by it
Article 163
Coordination by the Commission or the body designated by it
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:
they have, or might have, connections in one or more Member States; or
it appears likely to the Member State that similar operations have also been carried out in other Member States.
Article 164
Information exchange with third countries
CHAPTER II
Reporting obligations
Article 165
Format and deadlines for reports
TITLE XI
FINAL PROVISIONS
Article 166
Repeals
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:
…
…
…
|
|
From ../../.. To ../../.. |
From ../../.. To ../../.. |
From ../../.. To ../../.. |
From ../../.. To ../../.. |
From ../../.. To ../../.. |
From ../../.. To ../../.. |
|
Zones |
|
|
|
|
|
|
|
Species |
|
|
|
|
|
|
|
Fishing gear |
|
|
|
|
|
|
|
Other conditions |
|
|
|
|
|
|
Any other requirement arising from an application for a fishing authorisation.
ANNEX IV
CHARACTERISTICS OF MARKER BUOYS
WESTERN END MARKER BUOYS
EASTERN END MARKER BUOYS
INTERMEDIARY MARKER BUOYS
▼M1 —————
ANNEX VI
MODEL OF COMBINED UNION FISHING LOGBOOK, LANDING DECLARATION AND TRANSHIPMENT DECLARATION
ANNEX VII
MODEL OF COMBINED UNION FISHING LOGBOOK, LANDING DECLARATION AND TRANSHIPMENT DECLARATION
(MEDITERRANEAN SEA — DAILY FISHING TRIPS)
▼M1 —————
ANNEX X
INSTRUCTIONS TO MASTERS OF FISHING VESSELS REQUIRED TO COMPLETE AND SUBMIT A FISHING LOGBOOK, A LANDING DECLARATION OR A TRANSHIPMENT DECLARATION
The following general and minimum information on the vessel or vessels fishing activities shall be recorded in the fishing logbook in accordance with Article 14, 15, 21, 22, 23 and 24 of Control Regulation and Title III, Chapters I, II and III of this Regulation, without prejudice of other specific elements or rules required by Union legislation, national authorities of a Member State or of a third country, or by a Regional Fisheries Management Organisation.
1. INSTRUCTIONS CONCERNING THE FISHING LOGBOOK
The master(s) of all fishing vessel(s) participating to a pair fishing operation shall keep a fishing logbook indicating the quantities caught and kept on board in such a way that there is no double counting of catches.
In paper log book, during the same fishing trip, mandatory data elements shall be recorded in each page.
|
Information concerning the fishing vessel(s) and fishing trip dates |
||
|
Paper fishing logbook Reference Number |
Name of the data element (M = Mandatory) (O = Optional) (CIF = Compulsory if applicable) |
Description and/or timing to be recorded |
|
(1) |
Name of fishing vessel(s), (M) International radio call signal(s), (M) CFR number(s) (M) GFCM, ICCAT number(s) (CIF) |
In case of pair fishing operations, the same information for the second fishing vessel, shall be as well recorded. This information shall be entered in paper logbook below those of the vessel in respect of which the fishing logbook is being kept. The Community Fleet Register (CFR) identification number of the vessel is the unique number assigned to a Union vessel by a Member State when the fishing vessel enters in the Union fleet for the first time (1). GFCM or ICCAT register number shall be entered for fishing vessels carrying out regulated fishing activities outside Union waters (CIF). |
|
(2) |
External identification (M) |
External registration letters and numbers as displayed on the side hull. In case of pair fishing operations, the same information for the second fishing vessel, shall be as well recorded. |
|
(3) |
Name and address of the master (M) |
Name, first name and detailed address of master (street name, number, city, postal code, Member State or third country) shall be given. In case of pair fishing operations, the same information for the second fishing vessel, shall be as well recorded. |
|
(4) |
Date, time and port of departure (M) |
Shall be recorded in paper logbook before fishing vessel leaves the port. Date shall be recorded in DD-MM-YYYY and time shall be recorded in HH-MM in local time. Electronic departure message shall be sent before fishing vessel leaves the port. Date and time shall be recorded in coordinated universal time (UTC). For electronic logbook, port shall be recorded using codes published in the Master Data Register page of the European Commission Fisheries website. |
|
(5) |
Date, time and port of return (M) |
Shall be recorded in paper logbook before fishing vessel enters into the port. Date shall be recorded in DD-MM-YYYY and estimated time shall be recorded in HH-MM in local time Electronic return to port message shall be sent before fishing vessel entering into the port. Date and estimated time shall be recorded in in coordinated universal time (UTC). For electronic logbook, port shall be recorded using codes published in the Master Data Register page of the European Commission Fisheries website. |
|
(6) |
Date, time and port of landing if different from (5) (M) |
Shall be recorded in logbook before fishing vessel enters into the port of landing. Date shall be recorded in DD-MM-YYYY and estimated time shall be recorded in HH-MM in local time (paper logbook) or in coordinated universal time (UTC) for electronic logbook. For electronic logbook, port shall be recorded using codes published in the Master Data Register page of the European Commission Fisheries website. |
|
(7) |
Date, time and place of the transhipment, Name, external identification, international radio call sign, flag, CFR or IMO number and port and country of destination of the receiving fishing vessel (M) |
Shall be filled in paper logbook in the case of transhipment before starting the operation. Date shall be recorded in DD-MM-YYYY and time shall be recorded in HH-MM in local time (paper logbook) or in coordinated universal time (UTC) for electronic logbook. For electronic logbook, port shall be recorded using codes published in the Master Data Register page of the European Commission Fisheries website. Third country shall be recorded using ISO-3166 3-alpha country codes. The Community Fleet Register (CFR) number shall be recorded for Union vessels. The International Maritime Organisation (IMO) number shall be recorded for third country vessels. When a geographical position is required, latitude and longitude shall be recorded in degrees and minutes if no use of GPS and in decimal degrees and minutes using GPS (format WGS 84). |
|
Information on the fishing gear |
||
|
(8) |
Gear type (M) |
The type of gear shall be indicated using the codes in column 1 of Annex XI. |
|
(9) |
Mesh size (M) |
Shall be given in millimetres (mesh stretched). |
|
(10) |
Gear dimension (M) |
Gear dimensions such as the size and the number shall be given according to the specifications in column 2 of Annex XI. |
|
(11) |
Date (M) |
Date for each day at sea shall be recorded in a new line (paper logbook) or report (electronic logbook) and shall correspond to each day at sea. Where applicable, date for each fishing operation shall be recorded in a new line. |
|
(12) |
Number of fishing operations (M) |
Number of fishing operations shall be given in accordance with the specifications in column 3 of Annex XI. |
|
(13) |
Fishing time (O) Gear time set and haul (CIF) Fishing depth (CIF) Total time (O) |
Total time spent for all activities in connection with fishing operations (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) shall be given in minutes and equals the number of hours spent at sea minus the time spent in transit to, between and returning from the fishing grounds, dodging, inactive or waiting for repair. For gear time set and time haul, time shall be recorded in HH-MM in local time (paper logbook) or in coordinated universal time (UTC) for electronic logbook. Fishing depth shall be recorded as average depth and in metres. |
|
(14) |
Position and fishing geographical area (M) |
The relevant geographical area of capture shall be represented by the area in which the majority of the catch was taken using the most detailed level when available. Examples: In Northeast Atlantic waters (FAO area 27), up to ICES Division and statistical rectangle (e.g. IVa 41E7, VIIIb 20E8). ICES statistical rectangles provide a grid covering the area between 36° N and 85° 30′ N and 44° W and 68° 30′ E. Latitudinal rows, with intervals of 30′, are numbered (two-digits) from 01 to 99. Longitudinal columns, with intervals of 1°, are coded according to an alphanumeric system, beginning with A0 using a different letter for each 10° block, to M8, except I. In Mediterranean and Black sea waters (FAO area 37), up to GFCM geographical sub-area and statistical rectangle (e.g. 7 M27B9). The numbers of a rectangle in the GFCM statistical grid is a 5 digits code: (i) Latitude is covered by a composed 3 digits code (one letter and two numbers). Maximum range from M00 (30° N) up to M34 (47° 30′ N), (ii) Longitude is covered by a composed code of a letter and a number. The letter range is from A to J and number range per letter is from 0 to 9. Maximum range from A0 (6° W) up to J5 (42° E). In Northwest Atlantic waters including NAFO (FAO area 21) and in Eastern Central Atlantic waters including CECAF (FAO area 34), up to FAO division or subdivision (e.g. 21.3.M or 34.3.5). For the other FAO areas, up to FAO subarea when available (e.g. FAO 31 for Western Central Atlantic and FAO 51.6 for Western Indian Ocean). However, optional entries may be made in respect of all the statistical rectangles in which the fishing vessel has operated during the day (O) In GFCM and ICCAT areas, geographical position (latitude/longitude) shall be as well recorded for each fishing operation or at noon when no fishing has been conducted during this day. When a geographical position is required, latitude and longitude shall be recorded in degrees and minutes if no GPS is used and in decimal degrees and minutes using GPS (format WGS 84). Third country fishing zone, regional fisheries management organisation area and high seas: indicate the fishing zone(s) of non-Member States or the Regional Fisheries Management Organisation area(s) or the waters outside the sovereignty or jurisdiction of any State or not regulated by a Regional Fisheries Management Organisation, using ISO-3166 3-alpha country codes and other codes published in the Master Data Register page of the European Commission Fisheries website e.g. NOR = Norway, NAFO = XNW, NEAFC = XNE and XIN for high seas. |
|
(15)(16) |
Catches caught and kept on board (M) |
FAO 3-alpha species codes shall be used. The catch of each species shall be recorded in kilograms live weight equivalent. All quantities of each species caught and kept on board above 50 kg of live-weight equivalent shall be recorded. The 50 kg threshold shall apply as soon as catches of a species exceed 50 kg. These amounts shall include quantities set aside for consumption by the crew of the vessel. Legally size catches shall be recorded using the general code LSC. Below minimum conservation reference size catches shall be recorded separately from the legally sized catches using the general code BMS. Where catches are held in baskets, boxes, bins, cartons, sacks, bags, blocks or other containers, the net weight of the unit used shall be recorded in kilograms live weight, and the precise number of such units used shall be recorded. Alternatively the catch kept on board in such units may be recorded in kilograms live weight (O). In Baltic Sea (only for salmon) and in GFCM area (only for tunas, swordfish and highly migratory sharks) and, if applicable, in other areas, number of fish caught per day shall be also recorded. If the number of columns is insufficient, a new page shall be used. |
|
(15)(16) |
Estimates of discards (M) |
FAO 3-alpha species codes shall be used. The discard of each species shall be recorded in kilograms live weight equivalent. Species not subject to the landing obligation: Discards of quantities of each species above 50 kg live weight equivalent shall be recorded following the rules set up for the recording of catches using the general code DIS. Discards of species taken for live bait purposes and which are recorded in the fishing logbook, shall also be recorded in the same way. Species which benefit from exemptions to the landing obligation (2): Discards of quantities of each species shall be fully recorded following the rules set up for the recording of catches using the general code DIS. Discards of quantities of each species to which specifically de minimis exemptions apply shall be fully recorded following the rules set up for the recording of catches separately from the other discards using the general code DIM. |
|
(15)(16) |
Catches, incidental by-catches and release of other marine organisms or animals (M) |
In GFCM area, the following information shall be as well recorded separately for each catch or incidental by-catch: — Daily catches of red coral including fishing activity by area and depth, — Incidental by-catch and release of seabirds, — Incidental by-catch and release of monk seals, — Incidental by-catch catch and release of sea turtles, — Incidental by-catch and release of cetaceans. Where applicable, marine animals released to sea shall be recorded using the general code RET. FAO 3-alpha species codes shall be used or when unavailable, codes published in the Master Data Register page of the European Commission Fisheries website. |
|
(1)
As referred to in Article 10 of Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (OJ L 5, 9.1.2004, p. 25).
(2)
As referred to in Article 15(4) and Article 15(5) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy and as amended by Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015, in particular: — species in respect of which fishing is prohibited and which are identified as such in a Union legal act adopted in the area of the common fisheries policy, — species for which scientific evidence demonstrates high survival rates, taking into account the characteristics of the gear, of the fishing practices and of the ecosystem, — catches falling under de minimis exemptions, — fish which shows damage caused by predators. |
||
2. INSTRUCTIONS CONCERNING THE LANDING/TRANSHIPMENT DECLARATION
When fisheries products have been landed or transhipped, and if they have been weighted using systems approved by the competent authorities of Member States, on either the catch vessel, donor or receiving fishing vessel, then the actual weight of quantities landed or transhipped shall be indicated in kilograms product weight on the landing or transhipment declaration by species showing:
Presentation of fish (reference No 17 in paper fishing logbook) using the codes in table 1 of Annex I (M);
Measurement unit for landed or transhipped quantities (reference No 18 in paper fishing logbook); give the weight of the unit in kilograms product weight. This unit may be different from that entered in the fishing logbook (M);
Total weight by species landed or transhipped (reference No 19 paper in paper fishing logbook); give the weight of quantities actually landed or transhipped for all species (M);
Legally size catches shall be recorded using the general code LSC. Below minimum conservation reference size catches shall be recorded separately from the legally sized catches using the general code BMS. FAO 3-alpha species codes shall be used.
The weight shall correspond to the product weight of fish as landed, i.e. after any processing on board. Relevant conversion factors shall be applied subsequently by the competent authorities in Member States to calculate the equivalent live weight in accordance with Article 49 of this Regulation;
Signature of the master (reference No 20 in paper fishing logbook) (M);
Signature and name and address of the agent and the observer where applicable (reference No 21 in paper fishing logbook);
Relevant geographical area of capture: FAO area, sub-area and sub-division, ICES division, NAFO, NEAFC sub-area, CECAF area, GFCM sub area or third country fishing zone (reference No 22 in paper fishing logbook). This shall be applied in the same way as for position and geographical area information as referred above (M).
3. ADDITIONAL INSTRUCTIONS FOR RECORDING FISHING EFFORT IN THE FISHING LOGBOOK
The following additional information shall be recorded in fishing logbook by masters of Union fishing vessels for the time spent in fisheries subject to fishing effort regimes:
All information required under this section shall be recorded in the paper fishing logbook between the fishing logbook references No (15) and (16).
Time shall be recorded as co-ordinated universal time (UTC).
Latitude and longitude shall be recorded in degrees and minutes if no GPS is used and in decimal degrees and minutes (format WGS 84) if use of GPS.
Species shall be recorded using the 3-alpha FAO fish species codes.
3.1. Information concerning fishing effort
(a) Crossing an effort zone
Where an authorized fishing vessel crosses an effort zone without carrying out fishing activities in that zone, an additional line shall be completed in the paper fishing logbook or an electronic declaration shall be completed. The following information is to be entered:
(b) Entry into an effort zone
Where the fishing vessel enters an effort zone in which it is likely to carry out fishing activities, an additional line shall be completed in the paper fishing logbook or an electronic declaration shall be completed. The following information is to be entered:
(c) Exit from an effort zone
Where the vessel leaves an effort zone in which it has carried out fishing activities and where the vessel enters another effort zone in which it intends to carry out fishing activities, an additional line shall be completed in the paper fishing logbook or an electronic declaration shall be completed. The following information is to be entered:
Where the fishing vessel leaves an effort zone in which it has carried out fishing activities and will not carry out further fishing activities in that effort zone, an additional line shall be completed or an electronic declaration shall be completed. The following information is to be entered:
(d) Trans-zonal fishing activities ( 23 ).
Where the fishing vessel carries out trans-zonal fishing activities, an additional line in the paper logbook or an electronic declaration shall be completed. The following information is to be entered:
(e) Additional information for fishing vessels using static gears:
3.2. Information concerning the communication of vessel movements
Where a fishing vessel carrying out fishing activities is required to communicate a fishing effort report to the competent authorities in accordance with Article 28 of the Control Regulation, the following information shall be recorded in addition to that referred to in paragraph 3.1:
the date and time of the communication;
the geographical position of the fishing vessel in latitude and longitude;
the means of communication and, where applicable, the radio station used; and
the destination(s) of the communication.
ANNEX XI
GEARS AND FISHING OPERATIONS CODES
|
Type of gear |
Column 1 Code |
Column 2 Size/number (metres) (optional) |
Column 3 Number of shoots each day (mandatory) |
|
Bottom otter trawl |
OTB |
Model of trawl (specify model or perimeter of opening) |
Number of times gear is shot |
|
Nephrops trawls |
TBN |
||
|
Shrimp trawls |
TBS |
||
|
Bottom trawls (not specified) |
TB |
||
|
Beam trawl |
TBB |
Beam length x number of beams |
Number of times gear is shot |
|
Otter twin trawls |
OTT |
Model of trawl (specify model or perimeter of opening) x numbers of trawls |
Number of times gear is shot |
|
Bottom pair trawl |
PTB |
Model of trawl (specify model or perimeter of opening) |
|
|
Mid-water otter trawl |
OTM |
Model of trawl |
|
|
Mid-water pair trawl |
PTM |
Model of trawl |
|
|
SEINES |
|||
|
Danish anchor seine |
SDN |
Overall length of seine lines |
Number of times gear is shot |
|
Scottish seine (fly dragging) |
SSC |
||
|
Scottish pair seine (fly dragging) |
SPR |
||
|
Seine nets (not specified) |
SX |
||
|
Boat or vessel seine |
SV |
||
|
SURROUNDING NETS |
|||
|
Purse seine |
PS |
Length, height |
Number of times gear is shot |
|
One boat operated purse seine |
PS1 |
Length, height |
|
|
Two boat operated purse seine |
PS2 |
|
|
|
Without purse lines (lampara) |
LA |
|
|
|
DREDGES |
|||
|
Dredge |
DRB |
Width x number of dredges |
Number of times gear is shot |
|
GILLNETS AND ENTANGLING NETS |
|||
|
Gillnets (not specified) |
GN |
Length, height |
Number of times nets shot during the day |
|
Gillnets anchored (set) |
GNS |
||
|
Gillnets (drift) |
GND |
||
|
Gillnets (circling) |
GNC |
||
|
Combined gillnets-trammel nets |
GTN |
||
|
Trammel net |
GTR |
||
|
TRAPS |
|||
|
Pots |
FPO |
Number of pots shot each day |
|
|
Traps (not specified) |
FIX |
Not specified |
|
|
HOOKS AND LINES |
|||
|
Handlines and pole lines (hand operated) |
LHP |
Total number of hooks/lines shot during the day |
|
|
Handlines and pole lines (mechanised) |
LHM |
||
|
Set longlines |
LLS |
Number of hooks and lines shot each day |
|
|
Drifting longlines |
LLD |
||
|
Longlines not specified |
LL |
||
|
Trolling lines |
LTL |
|
|
|
Hooks and lines (not specified) |
LX |
|
|
|
HARVESTING MACHINES |
|||
|
Mechanised dredges |
HMD |
|
|
|
|
|
|
|
|
Miscellaneous gear |
MIS |
|
|
|
Recreational gear |
RG |
|
|
|
Gear not known or not specified |
NK |
|
|
ANNEX XII
STANDARDS FOR ELECTRONIC DATA EXCHANGE
The format for electronic data exchange is based on the UN/CEFACT standard P1000. Data exchanges related to similar business activities are grouped in domains and specified in Business Requirements Specifications (BRS) documents.
Standards are available for:
The BRS documents and the translation in computer readable form (the XML Schema Definition) are available on the Master Data Register page of the European Commission Fisheries website. Implementation documents to be used for the exchange of data are also available on this website.
ANNEX XIII
EUROPEAN UNION CONVERSION FACTORS FOR FRESH FISH
| Species: Albacore Thunnus alalunga |
ALB |
|
WHL |
1,00 |
|
GUT |
1,11 |
| Species: Alfonsinos Beryx spp. |
ALF |
|
WHL |
1,00 |
| Species: Anchovy Engraulis encrasicholus |
ANE |
|
WHL |
1,00 |
| Species: Mackarel icefish Champsocephalus gunnari |
ANI |
|
WHL |
1,00 |
| Species: Greater silver smelt Argentina silus |
ARU |
|
WHL |
1,00 |
| Species: Bigeye tuna Thunnus obesus |
BET |
|
WHL |
1,00 |
|
GUH |
1,10 |
|
GUH |
1,29 |
| Species: Blue ling Molva dypterygia |
BLI |
|
WHL |
1,00 |
|
GUT |
1,17 |
| Species: Brill Scophthalmus rhombus |
BLL |
|
WHL |
1,00 |
|
GUT |
1,09 |
| Species: Black scabbardfish Aphanopus carbo |
BSF |
|
WHL |
1,00 |
|
GUT |
1,24 |
|
HEA |
1,40 |
| Species: Atlantic blue marlin Makaira nigricans |
BUM |
|
WHL |
1,00 |
| Species: Capelin Mallotus villosus |
CAP |
|
WHL |
1,00 |
| Species: Cod Gadus morhua |
COD |
|
WHL |
1,00 |
|
GUT |
1,17 |
|
GUH |
1,70 |
|
HEA |
1,38 |
|
FIL |
2,60 |
|
FIS |
2,60 |
| Species: Common Dab Limanda limanda |
DAB |
|
WHL |
1,00 |
|
GUT |
1,11 |
|
GUH |
1,39 |
| Species: Picked dogfish Squalus acanthias |
DGS |
|
WHL |
1,00 |
|
GUT |
1,35 |
|
GUS |
2,52 |
| Species: European flounder Platichthys flesus |
FLE |
|
WHL |
1,00 |
|
GUT |
1,08 |
|
GUS |
1,39 |
| Species: Greater forkbeard Phycis blennoides |
GFB |
|
WHL |
1,00 |
|
GUT |
1,11 |
|
GUH |
1,40 |
| Species: Greenland halibut Reinhardtius hippoglossoides |
GHL |
|
WHL |
1,00 |
|
GUT |
1,08 |
| Species: Haddock Melanogrammus aeglefinus |
HAD |
|
WHL |
1,00 |
|
GUT |
1,17 |
|
GUH |
1,46 |
| Species: Atlantic halibut Hippoglossus hippoglossus |
HAL |
|
WHL |
1,00 |
| Species: Herring Clupea harengus |
HER |
|
WHL |
1,00 |
|
GUT |
1,12 |
|
GUH |
1,19 |
| Species: European hake Merluccius merluccius |
HKE |
|
WHL |
1,00 |
|
GUT |
1,11 |
|
GUH |
1,40 |
| Species: White hake Urophycis tenuis |
HKW |
|
WHL |
1,00 |
| Species: Horse mackerel Trachurus spp. |
JAX |
|
WHL |
1,00 |
|
GUT |
1,08 |
| Species: Antarctic krill Euphausia superba |
KRI |
|
WHL |
1,00 |
| Species: Lemon sole Microstomus kitt |
LEM |
|
WHL |
1,00 |
|
GUT |
1,05 |
| Species: Megrims Lepidorhombus spp. |
LEZ |
|
WHL |
1,00 |
|
GUT |
1,06 |
|
FIL |
2,50 |
| Species: Unicorn icefish Channichthys rhinoceratus |
LIC |
|
WHL |
1,00 |
| Species: Ling Molva molva |
LIN |
|
WHL |
1,00 |
|
GUT |
1,14 |
|
GUH |
1,32 |
|
FIL |
2,64 |
| Species: Atlantic mackerel Scomber scombrus |
MAC |
|
WHL |
1,00 |
|
GUT |
1,09 |
| Species: Norway lobster Nephrops norvegicus |
NEP |
|
WHL |
1,00 |
|
TAL |
3,00 |
| Species: Humped rockcod Notothenia gibberifrons |
NOG |
|
WHL |
1,00 |
| Species: Norway pout Trisopterus esmarkii |
NOP |
|
WHL |
1,00 |
| Species: Marbled rockcod Notothenia rossii |
NOR |
|
WHL |
1,00 |
| Species: Orange roughy Hoplostethus atlanticus |
ORY |
|
WHL |
1,00 |
| Species: Pacific snow crab Chionoecetes spp. |
PCR |
|
WHL |
1,00 |
| Species: White shrimps Penaeus spp. |
PEN |
|
WHL |
1,00 |
| Species: Saithe Pollachius virens |
POK |
|
WHL |
1,00 |
|
GUT |
1,19 |
| Species: Pollack Pollachius pollachius |
POL |
|
WHL |
1,00 |
|
GUT |
1,17 |
| Species: Northern prawn Pandalus borealis |
PRA |
|
WHL |
1,00 |
| Species: Atlantic redfishes Sebastes spp. |
RED |
|
WHL |
1,00 |
|
GUT |
1,19 |
| Species: Rough-head grenadier Macrourus berglax |
RHG |
|
WHL |
1,00 |
| Species: Roundnose grenadier Coryphaenoides rupestris |
RNG |
|
WHL |
1,00 |
|
GUT |
1,11 |
|
GUH |
1,92 |
|
GHT |
3,20 |
| Species: Sandeels Ammodytes spp. |
SAN |
|
WHL |
1,00 |
| Species: Blackspot seabream Pagellus bogaraveo |
SBR |
|
WHL |
1,00 |
|
GUT |
1,11 |
| Species: Rough longnose dogfish Deania histricosa |
SDH |
|
WHL |
1,00 |
| Species: Arrowhead dogfish Deania profundorum |
SDU |
|
WHL |
1,00 |
| Species: South Georgia icefish Pseudochaenichthys georgianus |
SGI |
|
WHL |
1,00 |
| Species: Common sole Solea solea |
SOL |
|
WHL |
1,00 |
|
GUT |
1,04 |
| Species: European sprat Sprattus sprattus |
SPR |
|
WHL |
1,00 |
| Species: Northern squid Illex illecebrosus |
SQI |
|
WHL |
1,00 |
| Species: Squid Martialia hyadesi |
SQS |
|
WHL |
1,00 |
| Species: Skates Rajidae |
SRX |
|
WHL |
1,00 |
|
GUT |
1,13 |
|
WNG |
2,09 |
| Species: Swordfish Xiphias gladius |
SWO |
|
WHL |
1,00 |
|
GUT |
1,11 |
|
GUH |
1,31 |
| Species: Patagonian toothfish Dissostichus eleginoides |
TOP |
|
WHL |
1,00 |
| Species: Turbot Psetta maxima |
TUR |
|
WHL |
1,00 |
|
GUT |
1,09 |
| Species: Tusk Brosme brosme |
USK |
|
WHL |
1,00 |
|
GUT |
1,14 |
| Species: Blue whiting Micromesistius poutassou |
WHB |
|
WHL |
1,00 |
|
GUT |
1,15 |
| Species: Whiting Merlangius merlangus |
WHG |
|
WHL |
1,00 |
|
GUT |
1,18 |
| Species: Atlantic white marlin Tetrapturus albidus |
WHM |
|
WHL |
1,00 |
| Species: Witch flounder Glyptocephalus cynoglossus |
WIT |
|
WHL |
1,00 |
|
GUT |
1,06 |
| Species: Yellowtail flounder Limanda ferruginea |
YEL |
|
WHL |
1,00 |
ANNEX XIV
EUROPEAN UNION CONVERSION FACTORS FOR FRESH SALTED FISH
| Species: Ling Molva molva |
LIN |
|
WHL |
2,80 |
ANNEX XV
EUROPEAN UNION CONVERSION FACTORS FOR FROZEN FISH
| Species: Albacore Thunnus alalunga |
ALB |
|
WHL |
1,00 |
|
GUT |
1,23 |
| Species: Alfonsinos Beryx spp. |
ALF |
|
WHL |
1,00 |
| Species: Anchovy Engraulis encrasicholus |
ANE |
|
WHL |
1,00 |
| Species: Anglerfish Lophiidae |
ANF |
|
WHL |
1,00 |
|
GUT |
1,22 |
|
GUH |
3,04 |
|
TAL |
3,00 |
|
FIS |
5,60 |
| Species: Mackarel icefish Champsocephalus gunnari |
ANI |
|
WHL |
1,00 |
| Species: Greater silver smelt Argentina silus |
ARU |
|
WHL |
1,00 |
| Species: Bigeye tuna Thunnus obesus |
BET |
|
WHL |
1,00 |
|
GUH |
1,29 |
|
HEA |
1,25 |
| Species: Blue ling Molva dypterygia |
BLI |
|
WHL |
1,00 |
|
GUT |
1,17 |
|
GUH |
1,40 |
| Species: Brill Scophthalmus rhombus |
BLL |
|
WHL |
1,00 |
| Species: Black scabbardfish Aphanopus carbo |
BSF |
|
WHL |
1,00 |
|
GUT |
1,48 |
| Species: Atlantic blue marlin Makaira nigricans |
BUM |
|
WHL |
1,00 |
| Species: Capelin Mallotus villosus |
CAP |
|
WHL |
1,00 |
| Species: Cod Gadus morhua |
COD |
|
WHL |
1,00 |
|
GUT |
1,17 |
|
GUH |
1,70 |
|
FIL |
2,60 |
|
FIS |
2,60 |
|
FSP |
2,95 |
|
►C1 CBF ◄ |
1,63 |
| Species: Common Dab Limanda limanda |
DAB |
|
WHL |
1,00 |
| Species: Picked dogfish Squalus acanthias |
DGS |
|
WHL |
1,00 |
|
GUS |
2,52 |
| Species: European flounder Platichthys flesus |
FLE |
|
WHL |
1,00 |
| Species: Greater forkbeard Phycis blennoides |
GFB |
|
WHL |
1,00 |
|
GUT |
1,12 |
|
GUH |
1,40 |
| Species: Greenland halibut Reinhardtius hippoglossoides |
GHL |
|
WHL |
1,00 |
|
GUT |
1,08 |
|
GUH |
1,39 |
| Species: Haddock Melanogrammus aeglefinus |
HAD |
|
WHL |
1,00 |
|
GUT |
1,17 |
|
GUH |
1,46 |
|
FIL |
2,60 |
|
FIS |
2,60 |
|
FSB |
2,70 |
|
FSP |
3,00 |
| Species: Atlantic halibut Hippoglossus hippoglossus |
HAL |
|
WHL |
1,00 |
| Species: Hering Clupea harengus |
HER |
|
WHL |
1,00 |
| Species: European hake Merluccius merluccius |
HKE |
|
WHL |
1,00 |
|
GUT |
1,34 |
|
GUH |
1,67 |
| Species: White hake Urophycis tenuis |
HKW |
|
WHL |
1,00 |
| Species: Horse mackerel Trachurus spp. |
JAX |
|
WHL |
1,00 |
|
GUT |
1,08 |
| Species: Antarctic krill Euphausia superba |
KRI |
|
WHL |
1,00 |
| Species: Lemon sole Microstomus kitt |
LEM |
|
WHL |
1,00 |
|
GUT |
1,05 |
| Species: Megrims Lepidorhombus spp. |
LEZ |
|
WHL |
1,00 |
|
GUT |
1,06 |
| Species: Unicorn icefish Channichthys rhinoceratus |
LIC |
|
WHL |
1,00 |
| Species: Ling Molva molva |
LIN |
|
WHL |
1,00 |
|
GUT |
1,14 |
|
GUH |
1,33 |
|
FIL |
2,80 |
|
FSP |
2,30 |
| Species: Atlantic mackerel Scomber scombrus |
MAC |
|
WHL |
1,00 |
|
GUT |
1,11 |
| Species: Norway lobster Nephrops norvegicus |
NEP |
|
WHL |
1,00 |
|
TAL |
3,00 |
| Species: Humped rockcod Notothenia gibberifrons |
NOG |
|
WHL |
1,00 |
| Species: Norway pout Trisopterus esmarkii |
NOP |
|
WHL |
1,00 |
| Species: Marbled rockcod Notothenia rossii |
NOR |
|
WHL |
1,00 |
| Species: Orange roughy Hoplostethus atlanticus |
ORY |
|
WHL |
1,00 |
| Species: Pacific snow crab Chionoecetes spp. |
PCR |
|
WHL |
1,00 |
| Species: White shrimps Penaeus spp. |
PEN |
|
WHL |
1,00 |
| Species: European plaice Pleuronectes platessa |
PLE |
|
WHL |
1,00 |
|
GUT |
1,07 |
| Species: Saithe Pollachius virens |
POK |
|
WHL |
1,00 |
|
GUT |
1,19 |
|
GUH |
1,44 |
|
FIS |
2,78 |
|
FSB |
2,12 |
|
FSP |
2,43 |
| Species: Pollack Pollachius pollachius |
POL |
|
WHL |
1,00 |
|
GUT |
1,17 |
| Species: Northern prawn Pandalus borealis |
PRA |
|
WHL |
1,00 |
| Species: Atlantic redfishes Sebastes spp. |
RED |
|
WHL |
1,00 |
|
GUT |
1,19 |
|
GUH |
1,78 |
|
FIS |
3,37 |
|
FSP |
3,00 |
|
JAT |
1,90 |
| Species: Rough-head grenadier Macrourus berglax |
RHG |
|
WHL |
1,00 |
| Species: Roundnose grenadier Coryphaenoides rupestris |
RNG |
|
WHL |
1,00 |
|
GUT |
1,11 |
|
GUH |
1,92 |
| Species: Sandeels Ammodytes spp. |
SAN |
|
WHL |
1,00 |
| Species: Blackspot seabream Pagellus bogaraveo |
SBR |
|
WHL |
1,00 |
|
GUT |
1,11 |
| Species: Rough longnose dogfish Deania histricosa |
SDH |
|
WHL |
1,00 |
| Species: Arrowhead dogfish Deania profundorum |
SDU |
|
WHL |
1,00 |
| Species: South Georgia icefish Pseudochaenichthys georgianus |
SGI |
|
WHL |
1,00 |
| Species: Common sole Solea solea |
SOL |
|
WHL |
1,00 |
| Species: European sprat Sprattus sprattus |
SPR |
|
WHL |
1,00 |
| Species: Northern squid Illex illecebrosus |
SQI |
|
WHL |
1,00 |
| Species: Squid Martialia hyadesi |
SQS |
|
WHL |
1,00 |
| Species: Skates Rajidae |
SRX |
|
WHL |
1,00 |
|
GUT |
1,13 |
|
WNG |
2,09 |
| Species: Swordfish Xiphias gladius |
SWO |
|
WHL |
1,00 |
|
GUT |
1,12 |
|
GUH |
1,31 |
|
HEA |
1,33 |
|
GHT |
1,33 |
| Species: Patagonian toothfish Dissostichus eleginoides |
TOP |
|
WHL |
1,00 |
| Species: Turbot Psetta maxima |
TUR |
|
WHL |
1,00 |
|
GUT |
1,09 |
| Species: Tusk Brosme brosme |
USK |
|
WHL |
1,00 |
| Species: Blue whiting Micromesistius poutassou |
WHB |
|
WHL |
1,00 |
|
GUT |
1,15 |
|
FIS |
2,65 |
|
SUR |
2,97 |
| Species: Whiting Merlangius merlangus |
WHG |
|
WHL |
1,00 |
|
GUT |
1,18 |
| Species: Atlantic white marlin Tetrapturus albidus |
WHM |
|
WHL |
1,00 |
| Species: Witch flounder Glyptocephalus cynoglossus |
WIT |
|
WHL |
1,00 |
| Species: Yellowtail flounder Limanda ferruginea |
YEL |
|
WHL |
1,00 |
ANNEX XVI
METHODOLOGY FOR ESTABLISHING THE SAMPLING PLANS REFERRED TO IN ARTICLES 16(1) AND 25(1) OF THE CONTROL REGULATION
This Annex lays down the methodology on the basis of which Member States shall establish the sampling plans referred to in Articles 16(1) and 25(1) of the Control Regulation for vessels not subject to fishing logbook requirements and landing declaration requirements.
1. For the purpose of this Annex the following definitions shall apply:
|
(a) |
Active vessels : vessels referred to in Articles 16 and 25 of the Control Regulation that have been engaged in any fishing operation (more than 0 days) during a calendar year. A vessel that has not been engaged in fishing operations during a year shall be considered ‘inactive’. |
|
(b) |
Metier : A group of fishing operations targeting a similar (assemblage of) species, using similar gear, during the same period of the year, and/or within the same area and which are characterised by similar exploitation patterns. The allocation to a metier is determined by the fishing activity in the previous year. If one vessel has been active in one metier more than 50 % of the year it is allocated to that metier. If the fishing activity is below 50 % for any metier the vessel should be allocated to a metier named polyvalent metier. |
|
(c) |
Target population : landings of fisheries products from active vessels using different metiers. |
2. The aim of the sampling plan shall be to monitor the activities of the vessels referred to in Articles 16 and 25 of the Control Regulation and to estimate their overall catch for any given stock and by metier during the period of sampling.
3. The sampling unit shall in principle be the metier. Each vessel concerned should be assigned to one metier only.
4. The target population shall comprise landings by metier from active vessels of length of less than 10 metres.
5. The size of the sample shall be determined on the basis of the risk of non-compliance with the rules of the Common Fisheries Policy for the metier in the Member State where the landing(s) take place. The size of the sample shall be representative of the metier concerned.
6. Member States shall define risk at the following levels: ‘very low’, ‘low’, ‘medium’, ‘high’ and ‘very high’.
7. In establishing the level of risk of non compliance with the rules of the Common Fisheries Policy, Member States shall take account of all relevant criteria. These shall include, but not be limited to:
If appropriate:
8. When drawing up the sampling plans, Member States shall take into account, the levels of metier activity during the sampling period.
9. Sampling intensity shall take into account the variability of the landings by the metier.
10. Where fisheries products are landed in standardized boxes, the minimum number boxes to be sampled shall be proportionate to the risk levels identified by Member States and as set out in the example below:
|
Number of boxes landed by species |
Number of boxes to be weighed subject to risk level |
||||
|
Very Low |
Low |
Medium |
High |
Very High |
|
|
0-25 |
1 |
1 |
1 |
1 |
2 |
|
25-50 |
1 |
2 |
3 |
4 |
5 |
|
50-100 |
1 |
3 |
4 |
5 |
6 |
|
Every additional 100 |
1 |
1 |
2 |
3 |
4 |
11. Precision/confidence levels shall apply as are set out in Levels 2 and 3 in Point 4, Part B of Chapter II of Commission Decision 2010/93/EU ( 24 ).
12. The sampling plan shall also include information on how the overall catch for any given stock and by metier during the period of sampling will be estimated.
ANNEX XVII
FISHING EFFORT REPORTING FORMATS
1. For the purposes of this Regulation in a fishing effort report:
the geographical location of a fishing vessel shall be expressed in degrees and minutes of longitude and latitude;
the area shall be one in which fisheries are subject to a Union regime of fishing effort;
the time shall be expressed as co-ordinated universal time (UTC);
where the catch retained on board is mentioned, all species which have been recorded in the fishing logbook in accordance with Article 14 of the Control Regulation shall be communicated individually in kilograms live weight equivalent; the reported quantities shall be the total quantities of each species retained on board at the time of communication of the effort report.
The species which are communicated are identified by the FAO 3-alpha code
2. Masters of Union fishing vessels shall communicate the following information in the form of an ‘effort report’ not earlier than 12 hours and at least 1 hour before an entry into an area and shall contain the following information:
the heading ‘EFFORT REPORT – ENTRY’;
the name, external identification and international radio call sign of the fishing vessel;
the name of the master of the fishing vessel;
the geographical location of the fishing vessel to which the communication refers;
the area into which the fishing vessel will enter;
the expected date and time of each entry into that area;
the catch retained on board by species in kilograms live weight.
3. Masters of Union fishing vessels shall communicate the following information in the form of an ‘effort report’ not earlier than 12 hours and at least 1 hour before an exit from an area, and shall contain the following information:
the heading ‘EFFORT REPORT – EXIT’;
the name, external identification and international radio call sign of the fishing vessel;
the name of the master of the fishing vessel;
the geographical location in latitude and longitude of the fishing vessel to which the communication refers;
the area from which the fishing vessel will exit;
the expected date and time of each exit from that area;
the catch retained on board by species in kilograms live weight.
4. Notwithstanding paragraph 3, where masters of Union fishing vessels conduct trans-zonal fisheries which cross the line separating areas more than once during a period of 24 hours, provided that they remain within a delimited zone of 5 nautical miles either side of the line between areas, shall communicate their first entry and last exit within that 24 hour period;
5. Member States shall ensure that Masters of fishing vessels flying their flag comply with the reporting obligations.
ANNEX XVIII
METHODOLOGY FOR CALCULATING THE AVERAGE NET WEIGHT OF BOXES OR BLOCKS OF FROZEN FISHERIES PRODUCTS
Sampling Plan
|
Lot size (number of boxes) |
Sample size (number of pallets × 52 boxes |
|
5 000 or less |
3 |
|
5 001 -10 000 |
4 |
|
10 001 -15 000 |
5 |
|
15 001 -20 000 |
6 |
|
20 001 -30 000 |
7 |
|
30 001 -50 000 |
8 |
|
More than 50 000 |
9 |
1. The average weight per box or block shall be determined per species using the sampling plan in the table below and, where appropriate, by presentation. The sample shall be selected randomly.
2. Each pallet of boxes or blocks shall be weighed. The total gross weight of all pallets in the sample shall be divided by the total number of pallets in the sample to arrive at the average gross weight per pallet per species and, where appropriate, by presentation.
3. In order to arrive at the net weight per box or block per species and, where appropriate, by presentation the following deductions shall be made from the average gross weight of the pallets of the sample referred to in point 2:
the average tare weight per box or block equal to the weight of ice and cardboard, plastic or other packaging material multiplied by the number of boxes or blocks on the pallet;
the average weight of empty pallets from the sample as used in the landing.
The resulting net weight per pallet per species and, where appropriate, by presentation shall then be divided by the number of boxes on the pallet.
4. The tare weight per box or block referred to in point 3(a) shall be 1,5 kg. Member States may use a different tare weight per box or block provided that they submit their sampling methodology and any changes thereto to the Commission for approval.
ANNEX XIX
METHODOLOGY FOR ESTABLISHING THE SAMPLING PLANS FOR WEIGHING OF LANDINGS OF FISHERIES PRODUCTS IN MEMBER STATES REFERRED TO IN ARTICLE 60(1) OF THE CONTROL REGULATION
This Annex lays down the methodology for Member States to establish sampling plans in accordance with Article 60(1) of the Control Regulation.
1. The aim of the sampling plan shall be to ensure accurate weighing of fisheries products on landing.
2. The size of the sample to be weighed shall be determined on the basis of the risk of non compliance with the rules of the Common Fisheries Policy for the port/location/region in the Member State where the landing(s) take place.
3. Member States shall establish risk at the following levels ‘very low’, ‘low’, ‘medium’, ‘high’ and ‘very high’.
4. In establishing the level of risk of non compliance with the rules of the Common Fisheries Policy, Member States shall take account of all relevant criteria. These shall include, but not be limited to:
As appropriate:
5. The sampling shall be representative and at least as efficient as Simple Random Sampling.
6. Where fisheries products are landed in standardized boxes, the minimum number boxes to be sample weighed shall be proportionate to the risk levels identified by Member States. Preferably, Member States shall indicate the number of boxes to be weighed by means of tables for the different risk levels, as in the example below:
|
Number of boxes landed by species |
Number of boxes to be weighed subject to risk level |
||||
|
Very Low |
Low |
Medium |
High |
Very High |
|
|
0-25 |
1 |
1 |
1 |
1 |
2 |
|
25-50 |
1 |
2 |
3 |
4 |
5 |
|
50-100 |
1 |
3 |
4 |
5 |
6 |
|
100-200 |
2 |
4 |
5 |
6 |
7 |
|
Every additional 100 |
1 |
1 |
2 |
3 |
4 |
7. The sampling plan shall also include information on measures taken in order to ensure that:
8. Any risk analysis, data assessment, validation procedure, audit procedure, or other documents supporting the establishment, and further amendments, of the sampling plan shall be documented and made available for audits and inspection.
ANNEX XX
METHODOLOGY FOR ESTABLISHING THE SAMPLING PLANS REFERRED TO IN ARTICLE 60(3) OF THE CONTROL REGULATION
This Annex lays down the methodology for Member States to establish sampling plans for fisheries products landed from fishing vessels permitted to weigh on board in accordance with Article 60(3) of the Control Regulation.
1. The aim of the sampling plans shall be to verify the accuracy of weighing when fisheries products are permitted to be weighed on board.
2. Member States shall ensure that sampling is carried out at the time of landing of the fisheries products from the fishing vessel on which they were weighed.
3. The size of the sample shall be determined on the basis of the risk of non-compliance with the rules of the Common Fisheries Policy (CFP) by those fishing vessels permitted to weigh fisheries products on board.
4. Member States shall establish risk at the following levels: ‘very low’, ‘low’, ‘medium’, ‘high’ and ‘very high’.
5. In establishing the level of risk of non compliance with the rules of the Common Fisheries Policy, Member States shall take account of all relevant criteria. These shall include, but not be limited to:
As appropriate:
6. Sampling of landings of fisheries products shall be at least as effective as simple random sampling and proportionate to the level of risk.
7. The sampling plan shall include measures to ensure that the weighing of the sample shall be carried out.
8. The number of boxes sample weighed shall be proportionate to the assessed risk level. Preferably, Member States shall indicate the number of boxes to be weighed by means of tables for the different risk levels, as in the example below:
|
Number of boxes landed by species |
Number of boxes to be weighed subject to risk level |
||||
|
Very Low |
Low |
Medium |
High |
Very High |
|
|
0-25 |
1 |
1 |
1 |
1 |
2 |
|
25-50 |
1 |
2 |
3 |
4 |
5 |
|
50-100 |
1 |
3 |
4 |
5 |
6 |
|
100-200 |
2 |
4 |
5 |
6 |
7 |
|
Every additional 100 |
1 |
1 |
2 |
3 |
4 |
9. When fisheries products from such vessels are weighed before first marketing and the weighing takes place immediately following the landing of the lots of fisheries products, the results of weighing may be used for the purposes of the sampling plan.
10. The sampling plan shall also include measures to ensure that:
11. Any risk analysis, data assessment, validation procedure, audit procedure, or other documents supporting the establishment, and further amendments, of the sampling plan shall be documented and made available for audits and inspection.
ANNEX XXI
METHODOLOGY FOR ESTABLISHING THE CONTROL PLANS REFERRED TO IN ARTICLE 61(1) OF THE CONTROL REGULATION
This Annex lays down the methodology for Member States to establish the control plans to be applied when they permit fisheries products to be weighed after transport from the place of landing to a destination on the territory of that Member State, in accordance with Article 61(1) of the Control Regulation.
1. The aim of the control plan shall be to minimise the risk of non-compliance with the rules of the Common Fisheries Policy, when a Member State permits fisheries products to be weighed after transport from the place of landing to a destination on the territory of that Member State.
2. The size of the sample shall be determined on the basis of the risk of non-compliance with the rules of the Common Fisheries Policy (CFP) associated with the permitted weighing of fisheries products after transport.
3. Member States shall define risk at the following levels ‘very low’, ‘low’, ‘medium’, ‘high’ and ‘very high’.
4. In establishing the level of risk of non compliance with the rules of the Common Fisheries Policy, Member States shall take account of all relevant criteria. These shall include, but not be limited to:
As appropriate:
5. Control plans shall include, but not be limited to.
6. Where fisheries products are held in standardized boxes, a number of boxes shall be sample weighed in the presence of officials of the competent authorities of the Member State. The number of boxes sample weighed shall be proportionate to the assessed risk level. Preferably, Member States shall indicate the number of boxes to be weighed by means of tables for the different risk levels, as in the example below:
|
Number of boxes landed by species |
Number of boxes to be weighed subject to risk level |
||||
|
Very Low |
Low |
Medium |
High |
Very High |
|
|
0-25 |
1 |
1 |
1 |
1 |
2 |
|
25-50 |
1 |
2 |
3 |
4 |
5 |
|
50-100 |
1 |
3 |
4 |
5 |
6 |
|
100-200 |
2 |
4 |
5 |
6 |
7 |
|
Every additional 100 |
1 |
1 |
2 |
3 |
4 |
7. The control plan shall include measures to ensure that the sample weighing is carried out.
8. Any risk analysis, data assessment, validation procedure, audit procedure, or other documents supporting the establishment and further amendments of the control plan shall be documented and made available for audits and inspection.
ANNEX XXII
METHODOLOGY FOR ESTABLISHING THE COMMON CONTROL PROGRAMME REFERRED TO IN ARTICLE 61(2) OF THE CONTROL REGULATION
This Annex lays down the methodology for Member States to establish the common control programme to be applied when the Member State in which the fisheries products are landed, permit their transport before weighing to registered buyers, registered auctions or other bodies or persons responsible for the first marketing of fisheries products in another Member State, in accordance with Article 61(2) of the Control Regulation.
1. The aim of the common control programme shall be to minimise the risk of non-compliance with the rules of the Common Fisheries Policy when Member States in which the fisheries products are landed permit their transport before weighing to registered buyers, registered auctions or other bodies or persons responsible for the first marketing of fisheries products in another Member State.
2. The size of the sample shall be determined on the basis of the risk of non-compliance with the rules of the Common Fisheries Policy (CFP) associated with the transport before weighing in another Member State.
3. Member States shall define risk at the following levels ‘very low’, ‘low’, ‘medium’, ‘high’ and ‘very high’.
4. In establishing the level of risk of non compliance with the rules of the Common Fisheries Policy, Member States shall take account of all relevant criteria. These shall include, but not be limited to:
As appropriate:
5. Common control programmes shall include, but not be limited to.
6. Where fisheries products are held in standardized boxes, a number of boxes shall be sample weighed in the presence of officials of the competent authorities of the Member State. The number of boxes sample weighed shall be proportionate to the risk level assessed. Preferably, Member States shall indicate the number of boxes to be weighed by means of tables for the different risk levels, as in the example below:
|
Number of boxes landed by species |
Number of boxes to be weighed subject to risk level |
||||
|
Very Low |
Low |
Medium |
High |
Very High |
|
|
0-25 |
1 |
1 |
1 |
1 |
2 |
|
25-50 |
1 |
2 |
3 |
4 |
5 |
|
50-100 |
1 |
3 |
4 |
5 |
6 |
|
100-200 |
2 |
4 |
5 |
6 |
7 |
|
Every additional 100 |
1 |
1 |
2 |
3 |
4 |
7. The common control programme shall include measures to ensure that the sample weighing is carried out.
8. Any risk analysis, data assessment, validation procedure, audit procedure, or other documents supporting the establishment and further amendments of the common control programme shall be documented and made available for audits and inspection.
ANNEX XXIII
LIST OF INFORMATION REQUIRED FOR COMPLETION OF SURVEILLANCE REPORTS REGARDING SIGHTINGS AND DETECTIONS OF FISHING VESSELS
General information
1. Surveillance report reference
2. Date and time of sighting or detection (UTC)
3. Originating Member State and name of single authority
4. Type and identification of the surveillance craft
5. Position and location of the surveillance craft at the time of sighting or detection
Details of the fishing vessel
6. Flag State
7 Name
8. Registration port and external registration number
9. International radio call sign
10. International Maritime Organisation number
11. Community Fleet Register number
12. Description
13. Type
14. Initial position and location at the time of sighting or detection
15. Initial heading and speed at the time of sighting or detection
16. Activity
Other information
17. Sighting or detection mean
18. Contact with the vessel
19. Details of communication with the vessel
20. Record of sighting or detection
21. Comments
22. Attachments
23. Reporting official and signature
Instructions for completing the surveillance reports:
1. Submit as comprehensive information as possible.
2. Position in latitude and longitude and detailed location (ICES division, GFCM geographical sub-area, NAFO, NEAFC or CECAF sub-area, FAO area, sub-area and division and at land, port).
3. Flag State, vessel name, registration port, external registration number, international radio call sign and IMO number: to be obtained from what is seen or detected of, or regarding, the vessel or from radio contact with the vessel (the source of the information must be reported).
4. Description of the vessel (if observed visually): distinguishing markings as applicable: state whether the name and port of registration of the vessel was visible or not. Record hull and superstructure colours, number of masts, and position of bridge and funnel length, etc.
5. Type of vessel and gears as sighted: e.g. long liner, trawler, tug, factory ship, carrier ship (FAO international standard statistical classification of fishery vessels).
6. Activity of the sighted or detected vessel as applicable: report for each activity if the vessel was fishing, setting fishing gear, hauling, transhipping, transferring, towing, transiting, anchoring or any other activities (to be detailed) including date, time, position, heading and speed of the vessel for each activity.
7. Sighting or detection mean as applicable: detail of how sighting or detection was made such as visual, VMS, radar, radio traffic or other (to be detailed)
8. Contact with vessel: state if a contact was made (YES/NO) and the communication means (radio or other, to be detailed).
9. Details of communication: summarise any communication with the vessel with indication of the name, nationality, position given by the person(s) contacted on board of the sighted/detected vessel.
10. Record of sighting or detection: indicate if the sighting or detection was made by photograph, video, audio or written report.
11. Comments: report any other comments.
12. Attachments: if available, attach photograph or sketch of the vessel (draw the profile of the vessel, indicating any distinguishing structures, profile, masts and markings that could be used for identification).
Detailed instructions to be used for completing the reports are available on the Master Data Register page of the European Commission Fisheries website.
Rules for the electronic exchange of surveillance reports:
For the electronic exchange of surveillance reports, the XML Schema Definition is available on the Master Data Register page of the European Commission Fisheries website. Implementation documents to be used for the exchange are also available on this website.
ANNEX XXIV
INFORMATION WHICH SHALL BE LISTED ON THE SECURE SUBPAGES OF SECURE WEBSITES
1. List of officials in charge of inspection (Article 116(1)(a) of the Control Regulation) with:
first name;
last name;
rank;
abbreviated name of the service they belong to;
a list of services in charge of, or involved in fisheries inspections. For each organisation the list shall include:
2. The data from the inspection and surveillance database referred to in Article 78 of the Control Regulation (Article 116(1)(b) of the Control Regulation):
all data elements defined in Articles 92 and 118 of this Regulation shall be accessible;
the website interface shall contain functionalities to list, sort, filter, browse and derive statistics from the inspection and surveillance reports.
3. The data of the VMS referred to in Article 19 of this Regulation (Article 116(1)(c) of the Control Regulation). The minimal accessible data elements for every VMS position shall be:
flag state;
Union fleet register number;
international radio call sign (optional);
external registration letters and numbers (optional);
name of fishing vessel (optional);
date;
time;
latitude;
longitude;
course;
speed;
trip number (if available);
relevant alarms;
indication if the position was sent automatically or entered manually into the system.
The website interface shall contain functionalities to download data or visualize it on a map, filtered by fishing vessel, list of fishing vessels, fishing vessel type, period in time or geographical area
4. The data with the fishing licences and authorisations issued and managed in accordance with Articles 3, 4 and 5 of this Regulation, with a clear indication of the conditions set out and the information on all suspensions and withdrawals (Article 116(1)(d) of the Control Regulation).
5. All data elements defined in Annexes II and III to this Regulation, defining the elements of fishing licences and authorisations shall be accessible.
These data shall be pulled from ►M1 Union fleet ◄ register. The interface shall contain functionalities to list, sort, filter and browse the licences and authorisations.
6. The way of measuring the continuous period of 24 hours for the control of fishing effort (Article 116(1)(e) of the Control Regulation):
The time from which the continuous period of a day present in the area is measured (formatted hh:mm in UTC).
7. The data on fishing opportunities referred to in Article 33 of the Control Regulation (Article 116(1)(f) of the Control Regulation):
All data elements on recording of catches and fishing effort shall be accessible.
8. National control action programmes (Article 116(1)(g) of the Control Regulation). A hyperlink to every national control action programme, containing the legal reference of the applicable multi-annual plan;
The definition of the web services (parameters and URL) that allow pulling all data from the electronic database for the purpose of the verification of the completeness and the quality of the data collected defined in Article 109 of the Control Regulation (Article 116(1)(h) of the Control Regulation).
ANNEX XXV
TASKS OF CONTROL OBSERVERS
1. Control observers shall note all fishing activities whilst embarked in the fishing vessel, including particularly the following:
the date and time and geographical positions of the start and finish of each fishing operation
observations of the depth at the start and finish of the fishing operation
the type of gear used in each operation and its dimensions, including mesh sizes where applicable and attachments used
observations of the estimated catch in order to identify target species, by catches and discards for compliance with catch composition and discard rules
observations of the size of different species in the catch, with specific reference to undersize specimens.
2. Control observers shall note any interference with the satellite tracking system.
ANNEX XXVI
FORMAT OF CONTROL OBSERVER REPORT
|
OBSERVER DETAILS |
|
|
Name |
|
|
Designated by (competent authority) |
|
|
Deployed by (employing authority) |
|
|
Start date |
|
|
End date |
|
|
FISHING VESSEL DETAILS |
|
|
Type |
|
|
Flag state |
|
|
Name |
|
|
Community fleet register number |
|
|
External identifier |
|
|
IRCS |
|
|
IMO Number |
|
|
Engine propulsion power |
|
|
Length overall |
|
|
GEAR TYPES CARRIED |
|
|
1. |
|
|
2. |
|
|
3. |
|
|
GEAR OBSERVED USED DURING TRIP |
|
|
1. |
|
|
2. |
|
|
3. |
|
|
DETAILS OF FISHING OPERATIONS |
|
|
Fishing operation reference number (if applicable) |
|
|
Date |
|
|
Gear type used |
|
|
Dimensions |
|
|
Mesh size |
|
|
Attachments fitted |
|
|
Time of start of operation Finish time of operation |
|
|
Position of start of operation |
|
|
Depth at start |
|
|
Depth at end of operation |
|
|
Position at end of operation |
|
|
CATCHES |
Species |
Retained |
Discarded |
|
|
Estimated quantities of each species in kg live weight equivalent |
Minimum conservation reference size |
|
|
|
|
Below the minimum conservation reference size |
|
|
|
|
|
Estimated quantities of target species in kg live weight equivalent |
Minimum conservation reference size |
|
|
|
|
Below the minimum conservation reference size |
|
|
|
|
|
Estimated quantities of target species in kg live weight equivalent |
Minimum conservation reference size |
|
|
|
|
Below the minimum conservation reference size |
|
|
|
|
|
Estimated total kg live weight equivalent of catch |
Minimum conservation reference size |
|
|
|
|
Below the minimum conservation reference size |
|
|
|
|
OBSERVER SIGNATURE
DATE
ANNEX XXVII
INSPECTION REPORTS
MINIMUM INFORMATION REQUIRED FOR COMPLETION OF INSPECTION REPORTS
Instructions for completing the inspection reports:
Submit as comprehensive information as possible. Information shall be entered as applicable and available. Detailed instructions to be used for completing the reports are available on the Master Data Register page of the European Commission Fisheries website.
Rules for the electronic exchange of inspection reports:
For the electronic exchange of inspection reports, the inspection XML Schema Definition is available on the Master Data Register page of the European Commission Fisheries website. Implementation documents to be used for the exchange are also available on this website.
MODULE 1: INSPECTION OF A FISHING VESSEL AT SEA
1. Inspection report reference ( *1 )
2. Member State and inspection authority ()
3. Inspection vessel (flag, name and external registration number) ()
4. International radio call sign ()
5. Date of the inspection (start) ()
6. Time of the inspection (start) ()
7. Date of the inspection (finish) ()
8. Time of the inspection (finish) ()
9. Position of the inspection vessel (latitude, longitude) ()
10. Location of the inspection vessel (detailed fishing area) ()
11. Inspector in charge ()
12. Nationality
13. Inspector 2 ()
14. Nationality
15. Target fishing vessel details (name, external registration number, flag) ()
16. Position and location of the vessel vessel if different from the inspection vessel (latitude, longitude, detailed fishing area) ()
17. Type of the vessel ()
18. Certificate of registry ID ()
19. International radio call sign ()
20. International Maritime Organisation number ()
21. Community Fleet Register number ()
22. Owner details (name, nationality and address) ()
23. Charterer details (name, nationality and address) ()
24. Agent details (name, nationality and address) ()
25. Master details (name, nationality and address) ()
26. Radio call pre boarding
27. Fishing log-book completed before inspection
28. Boarding ladder ()
29. Identification for inspectors
30. Infringements or observations ()
31. Inspections of documents and authorisations ()
32. Certificate of registry ID ()
33. Engine propulsion power check
34. Fishing licence details ()
35. Fishing authorisation details ()
36. VMS operational ()
37. Remote electronic monitoring operational ()
38. Number(s) of paper fishing log sheet(s) ()
39. E-fishing logbook reference ()
40. Prior notification reference ()
41. Purpose of notification ()
42. Fish room certificate
43. Stowage plan
44. Ullage tables for refrigerated sea water tanks
45. Certification for on board weighing systems
46. Membership of a producer organisation
47. Last port of call details (port, state and date) ()
48. Infringements or observations ()
49. Catch inspection ()
50. Catch on board details (species, quantities in live weight equivalent including for undersized fish, catch area) ()
51. Margin of tolerance per species ()
52. Separate registration of undersized fish ()
53. Separate stowage for demersal stocks under multi-annual plans ()
54. Separate stowage for undersized fish ()
55. Weighing check, box/container count, ullage tables or sampling
56. Registration of discard details (species, quantities) ()
57. Infringements or observations ()
58. Gear inspection ()
59. Gear details (type) ()
60. Net attachment(s) or device(s) details (type) ()
61. Mesh size or dimension details ()
62. Twine details (type, thickness) ()
63. Gear marking
64. Infringements or observations ()
65. Inspectors' comments ()
66. Master's comments ()
67. Action(s) taken ()
68. Inspectors' signature ()
69. Master's signature ()
MODULE 2: INSPECTION OF FISHING VESSEL(S) ON TRANSHIPMENT
1. Inspection report reference ( *2 )
2. Member State and inspection authority ()
3. Inspection vessel (flag, name and external registration number) ()
4. International radio call sign ()
5. Date of the inspection (start) ()
6. Time of the inspection (start) ()
7. Date of the inspection (finish) ()
8. Time of the inspection (finish) ()
9. Position of the inspection vessel (latitude, longitude) ()
10. Location of the inspection vessel (detailed fishing area) ()
11. Location of the port ( *3 )
12. Designated port ()
13. Inspector in charge ()
14. Nationality
15. Inspector 2 ()
16. Nationality
17. Donor fishing vessel details (name, external registration number, flag) ()
18. Position and location of the vessel (latitude, longitude, detailed fishing area) ()
19. Type of the vessel ()
20. Certificate of registry ID ()
21. International radio call sign ()
22. International Maritime Organisation number ()
23. Community Fleet Register number ()
24. Owner details (name, nationality and address) ()
25. Charterer details (name, nationality and address) ()
26. Agent details (name, nationality and address) ()
27. Master details (name, nationality and address) ()
28. VMS check pre-boarding
29. Fishing log-book completed before transhipment ()
30. Infringements or observations ()
31. Inspections of documents and authorisations ()
32. Certificate of registry ID ()
33. Fishing licence details ()
34. Fishing authorisation details ()
35. Transhipment authorisation details ()
36. VMS operational
37. Number(s) of paper fishing log sheet(s) ()
38. E-fishing logbook reference ()
39. Prior notification reference ()
40. Purpose of prior notification (including IUU regime) ()
41. Last port of call details (port, state and date) (23)
42. Infringements or observations ()
43. Catch inspection ()
44. Catch on board details (before transhipment) (species, quantities in product weight including for undersized fish, presentation, catch area) ()
45. Margin of tolerance per species ()
46. Catch transhipped details (species, quantities in product weight including for undersized fish, presentation, catch area) ()
47. Infringements or observations ()
48. Receiving fishing vessel details (name, external registration number, flag) ()
49. Position and location of the vessel (latitude, longitude, detailed fishing area) ()
50. Type of the vessel ()
51. Certificate of registry ID ()
52. International radio call sign ()
53. International Maritime Organisation number ()
54. Community Fleet Register number ()
55. Owner details (name, nationality and address) ()
56. Charterer details (name, nationality and address) ()
57. Agent details (name, nationality and address) ()
58. Master details (name, nationality and address) ()
59. VMS check pre-boarding
60. Fishing log-book completed before transhipment ()
61. Infringements or observations ()
62. Inspections of documents and authorisations ()
63. Certificate of registry ID ()
64. Fishing licence details ()
65. VMS operational
66. Number(s) of paper fishing log sheet(s) ()
67. E-fishing logbook reference ()
68. Prior notification reference ()
69. Purpose of prior notification ()
70. Last port of call details (port, state and date) (23)
71. Infringements or observations ()
72. Catch inspection ()
73. Catch on board details (before transhipment) (species, quantities in product weight including for undersized fish, presentation, catch area) ()
74. Catch received details (species, quantities in product weight including for undersized fish, presentation, catch area) ()
75. Infringements or observations ()
76. Inspectors' comments ()
77. Master(s)' comments ()
78. Action(s) taken ()
79. Inspectors' signature ()
80. Master(s)' signature ()
MODULE 3: INSPECTION OF A FISHING VESSEL IN PORT OR ON LANDING AND BEFORE FIRST SALE
1. Inspection report reference ( *4 )
9. Inspector in charge (*4)
10. Nationality
11. Inspector 2 (*4)
12. Nationality
18. Community Fleet Register number (*4)
21. Charterer details (name, nationality and address) (*4)
22. Agent details (name, nationality and address) (*4)
23. Master details (name, nationality and address) (*4)
25. Fishing log-book completed before arrival
26. Identification for inspectors
29. Certificate of registry ID (*4)
33. Number(s) of paper fishing log sheet(s) (*4)
34. E-fishing logbook reference (*4)
37. Fish room certificate
38. Stowage plan
39. Ullage tables for refrigerated sea water tanks
40. Certification for on board weighing systems
41. Membership of a producer organisation
45. Catch on board details (species, quantities in product weight including for undersized fish, presentation, catch area) (*4) (*5)
46. Margin of tolerance per species (*4)
47. Separate registration of undersized fish (*4)
48. Catch offloaded details (species, quantities in product weight including for undersized fish, presentation, catch area) (*4) (*5)
49. Minimum conservation reference size checked (*4)
50. Labelling
51. Weighing check, box/container count or sampling check on discharge
52. Hold check after discharge
53. Catch weighing on landing
56. Donor fishing vessel(s) details (name, external registration number, international radio call sign, International Maritime Organisation number, Community Fleet Register number, flag) (*4) (*5)
58. Catch transhipped details (species, quantities in product weight including for undersized fish, presentation, catch area) (*4) (*5)
66. Gear marking
68. Status of the fishing vessel in RFMO area(s) where the fishing or related-fishing activities have been taken place (including in any IUU fishing vessel list) (*4) (*5)
69. Inspectors' comments (*4)
71. Action(s) taken (*4)
MODULE 4: MARKET/ PREMISES INSPECTION
1. Inspection report reference ( *6 )
2. Member State and inspection authority (*6)
3. Date of the inspection (start of inspection) (*6)
4. Time of the inspection (start of inspection) (*6)
5. Date of the inspection (finish of inspection) (*6)
6. Time of the inspection (finish of inspection) (*6)
7. Location of the port (*6)
8. Inspector in charge (*6)
9. Nationality
10. Inspector 2 (*6)
11. Nationality
12. Identification for inspectors
13. Market or premises inspection details (name and address) (*6)
14. Owner details (name, nationality and address) (*6)
15. Owner representative details (name, nationality and address) (*6)
16. Inspected fisheries products details (species, quantities in product weight including for undersized fish, presentation, catch area, originating vessel(s) identification) (*6)
17. Registered buyer, auction centre or other bodies or persons responsible for the first marketing of fisheries products details (name, nationality and address) (*6)
18. Minimum conservation reference size checked (*6)
19. Labelling for traceability (*6)
20. Common marketing standards (*6)
21. Size categories
22. Freshness categories
23. Fisheries products subject to storage mechanism inspected
24. Fisheries products weighed before sale
25. Weighing systems calibrated and sealed
26. Infringements or observations (*6)
27. Inspection of documents related to inspected fisheries products (*6)
28. Landing declaration details
29. Take-over declaration details
30. Transport document details
31. Supplier invoices and sales notes details
32. IUU catch certificate details
33. Importer details (name, nationality and address)
34. Infringements or observations (*6)
35. Inspectors' comments (*6)
36. Operator's comments (*6)
37. Action(s) taken (*6)
38. Inspectors' signature (*6)
39. Operator's signature (*6)
MODULE 5: INSPECTION OF TRANSPORT VEHICLE
1. Inspection report reference ( *7 )
2. Member State and inspection authority (*)
3. Date of the inspection (start) (*)
4. Time of the inspection (start) (*)
5. Date of the inspection (finish) (*)
6. Time of the inspection (finish) (*)
7. Location of inspection (address) (*)
8. Inspector in charge (*)
9. Nationality
10. Inspector 2 (*)
11. Nationality
12. Identification for inspectors
13. Target vehicle details (type and nationality) (*)
14. Tractor identification (registration plate number) (*)
15. Trailer identification (registration plate number) (*)
16. Owner details (name, nationality and address) (*)
17. Driver details (name, nationality and address) (*)
18. Inspection of documents related to fisheries products (*)
19. Fisheries products weighed before transport (species, quantities in product weight including for undersized fish, presentation, catch area, originating vessel(s) identification) (*)
20. Destination of the vehicle (*)
21. Transport document details
22. Electronic transmission of the transport document to the flag Member State
23. Fishing logbook of the originating vessel attached to the transport document
24. Electronic transmission of the fishing logbook of the originating vessel to the flag Member State
25. Other catch document attached to transport document (catch certificate)
26. Transport document received before arrival by the landing or marketing Member State
27. Landing declaration details
28. Take-over declaration details
29. Take-over cross check with landing declaration
30. Sales note or invoices details
31. Labelling for traceability
32. Sample weighing of box/containers
33. Weighing systems calibrated and sealed
34. Weighing record
35. Vehicle or container sealed
36. Seal details noted on the transport document
37. Inspection authority who affixed the seals (*)
38. Status of seals (*)
39. Infringements or observations (*)
40. Fisheries products transported before weighing (species, quantities in product weight including for undersized fish, presentation, catch area, originating vessel(s) identification) (*)
41. Destination of the vehicle (*)
42. Transport document details
43. Electronic transmission of the transport document to the flag Member State
44. Fishing logbook of the originating vessel attached to the transport document
45. Electronic transmission of the fishing logbook of the originating vessel to the flag Member State
46. Transport document received before arrival by the landing or marketing Member State
47. Landing declaration details
48. Weighing of fisheries products observed on arrival at destination by Member State competent authorities
49. Registered buyer, auction centre or other bodies or persons responsible for the first marketing of fisheries products details (name, nationality and address) (*)
50. Vehicle or container sealed
51. Seal details noted on the transport document
52. Inspection authority who affixed the seals (*)
53. Status of seals (*)
54. Infringements or observations (*)
55. Inspectors' comments (*)
56. Transporter's comments (*)
57. Action(s) taken (*)
58. Inspectors' signature (*)
59. Transporter's signature (*)
ANNEX XXVIII
MARKING OF FISHERY INSPECTION MEANS
INSPECTION PENNANT OR SYMBOL
All vessels used for fisheries control inspection and enforcement shall carry the inspection pennant or symbol clearly displayed on the sides of the unit used in such a way to be clearly visible. Vessels engaged in these duties shall fly the inspection pennant as to be clearly visible at all times.
The words ‘FISHERY INSPECTION’ may also be affixed on the sides of units.
ANNEX XXIX
CONSTRUCTION AND USE OF BOARDING LADDERS
1. The provisions of this Annex shall apply to safe and convenient access to fishing vessels which require a climb of 1,5 metres or more.
2. A boarding ladder shall be provided which shall be efficient for the purpose of enabling inspectors to embark and disembark safely at sea. The boarding ladder shall be kept clean and in good order.
3. The ladder shall be positioned and secured so that:
it is clear of any possible discharges from the fishing vessel;
it is clear of the finer lines and as far as practicable in the middle length of the fishing vessel;
each step rests firmly against the fishing vessel’s side.
4. The steps of the boarding ladder shall:
be of hardwood or other material of equivalent properties, made in one piece free of knots; the four lowest steps may be made of rubber of sufficient strength and stiffness, or of other suitable material of equivalent characteristics;
have an efficient non-slip surface;
be not less than 480 mm long, 115 mm wide, and 23 mm in thickness, excluding any non-slip device or grooving;
be equally spaced not less than 300 mm or more than 380 mm apart;
be secured in such a manner that they will remain horizontal.
5. No boarding ladder shall have more than two replacement steps which are secured in position by a method different from that used in the original construction of the ladder and any steps so secured shall be replaced, as soon as reasonably practicable, by steps secured in position by the method used in the original construction of the ladder.
When any replacement step is secured to the side ropes of the boarding ladder by means of grooves in the side of the step, such grooves shall be in the longer sides of the steps.
6. The side ropes of the ladder shall consist of two uncovered manila or equivalent ropes not less than 60 mm in circumference on each side; each rope shall be left uncovered by any other material and be continuous with no joints below the top step; two main ropes, properly secured to the fishing vessel and not loss than 65 mm in circumference, and a safety line shall be kept at hand ready for use if required.
7. Battens made of hardwood, or other material of equivalent properties, in one piece, free of knots and between 1,8 and 2 m long, shall be provided at such intervals as will prevent the boarding ladder form twisting. The lowest batten shall be on the fifth step from the bottom of the ladder and the interval between any batten and the next shall not exceed nine steps.
8. Means shall be provided to ensure safe and convenient passage for inspectors embarking on or disembarking from the vessel between the head of the boarding ladder or of any accommodation ladder or other appliance provided, and the ship’s deck. Where such passage is by means of a gateway in the rails or bulwark, adequate handholds shall be provided.
9. Where such passage is by means of a bulwark ladder, such ladder shall be securely attached to the bulwark rail or platform and two handhold stanchions shall be fitted at the point of boarding or leaving the vessel not less than 0,70 m or more than 0,80 m apart. Each stanchion shall be rigidly secured to the vessel’s structure at or near its base and also at a higher point, shall be not less than 40 mm in diameter, and shall extend not less than 1,20 m above the top of the bulwark.
10. Lighting shall be provided at night so that both the boarding ladder over the side and also the position where the inspector boards the fishing vessel shall be adequately lit. A lifebuoy equipped with a self-igniting light shall be kept at hand ready for use. A heaving line shall be kept at hand ready for use if required.
11. Means shall be provided to enable the boarding ladder to be used on either side of the fishing vessel. The inspector in charge may indicate which side he would like the boarding ladder to be positioned.
12. The rigging of the ladder and the embarkation and disembarkation of an inspector shall be supervised by a responsible officer of the fishing vessel.
13. Where on any fishing vessel constructional features such as rubbing bands would prevent the implementation of any of these provisions, special arrangements shall be made to ensure that inspectors are able to embark and disembark safely.
ANNEX XXX
POINTS TO BE ASSIGNED FOR SERIOUS INFRINGEMENTS
|
No |
Serious infringement |
Points |
|
1 |
Not fulfilling of obligations to record and report catch or catch related data, including data to be transmitted by satellite vessel monitoring system (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(b) of Regulation (EC) No 1005/2008) |
3 |
|
2 |
Use of prohibited or non-compliant gear according to Union legislation (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(e) of Regulation (EC) No 1005/2008) |
4 |
|
3 |
Falsification or concealing of markings, identity or registration (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(f) of Regulation (EC) No 1005/2008) |
5 |
|
4 |
Concealing, tampering or disposal of evidence relating to an investigation (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(g) of Regulation (EC) No 1005/2008) |
5 |
|
5 |
Taking on board, transhipping or landing of undersized fish in contravention of the legislation in force or not fulfilling of obligations to land undersized fish (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(i) of Regulation (EC) No 1005/2008) |
5 |
|
6 |
Carrying out of fishing activities in the area of a regional fisheries management organisation in a manner inconsistent with or in contravention of the conservation and management measures of that organisation (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(k) of Regulation (EC) No 1005/2008) |
5 |
|
7 |
Fishing without a valid licence, authorisation or permit issued by the flag State or the relevant coastal State (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(a) of Regulation (EC) No 1005/2008 ) |
7 |
|
8 |
Fishing in a closed area or during a closed season, without or after attainment of a quota or beyond a closed depth (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(c) of Regulation (EC) No 1005/2008) |
6 |
|
9 |
Directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(d) of Regulation (EC) No 1005/2008) |
7 |
|
10 |
Obstruction of work of officials in the exercise of their duties in inspecting for compliance with the applicable conservation and management measures or the work of observers in the exercise of their duties of observing compliance with the applicable Union rules (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(h) of Regulation (EC) No 1005/2008) |
7 |
|
11 |
Transhipping to or participating in joint fishing operations with, support or re-supply of fishing vessels identified as having engaged in IUU fishing under Regulation (EC) No 1005/2008, in particular those included in the Union IUU vessel list or in the IUU vessel list of a regional fisheries management organisation (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(j) of Regulation (EC) No 1005/2008) |
7 |
|
12 |
Use of a fishing vessel with not nationality and that is therefore a stateless vessel in accordance with international law (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(l) of Regulation (EC) No 1005/2008) |
7 |
▼M1 —————
ANNEX XXXII
ADDITIONAL DATA FOR THE PURPOSE OF THE VALIDATION SYSTEM
|
|
Data element |
Code |
Content |
Compulsory/Optional |
|
1. |
Business rules |
BUS |
Business rules that define which validations are executed in the validation system |
|
|
2. |
Business rule ID |
BR |
Unique code for every type of check, validation, control etc. |
C |
|
3. |
Primary dataset |
D1 |
Indicates which dataset is being validated |
C |
|
4. |
Secondary dataset |
D2 |
Indicates with which dataset(s) the primary dataset is validated |
C |
|
5. |
EU legislation reference |
LE |
Reference to which regulation and articles apply |
C |
|
6. |
Legal requirement |
RQ |
Short summary of what is the legal requirement |
C |
|
7. |
Validation specification |
VS |
Detailed specification of what is being validated |
C |
|
8. |
Inconsistencies of validation |
INC |
Inconsistencies detected as a result of the validation procedures |
|
|
9. |
Record No of the inconsistency |
RN |
Unique identifier or record number of the inconsistency |
C |
|
10. |
Business rule ID |
BR |
Unique code for every type of check, validation, control etc. |
C |
|
11. |
Record No of the validated record |
RV |
Unique identifier or record number of the validated record from the primary dataset |
C |
|
12. |
Inconsistency Type |
IY |
Type of inconsistency detected |
C |
|
13. |
Inconsistency Value |
IV |
Value/difference/size of detected inconsistency (if relevant) |
CIF |
|
14. |
Original value |
OR |
Original value before correction |
C |
|
15. |
Follow-up |
FU |
Explanation of why data is inconsistent and follow-up |
O |
|
16. |
Results of follow-up |
FR |
Corrected value for this inconsistency |
CIF |
|
17. |
Follow-up completed |
FX |
Indication if follow-up is completed or still in process |
CIF |
|
18. |
Date follow-up completion |
FD |
The date on which the issue has been fully resolved or the result of the infringement procedure is known |
CIF |
|
19. |
Infringement procedure |
IP |
Reference to related infringement procedure or legal action taken by the authorities, if applicable |
CIF |
|
20. |
Validation information |
VAL |
The validation information on a particular element and business rule. To be used as subelement of the validated element. |
|
|
21. |
Date of validation |
VD |
Date of validation |
C |
|
22. |
Reference to inconsistency |
RI |
Unique identifier or record number of the inconsistency |
CIF |
|
23. |
VMS data |
VMS |
Position data coming from the Vessel Monitoring System |
|
|
24. |
Country of registration |
FS |
Flag State of vessel registration. ISO alpha-3 country code |
C |
|
25. |
Vessel’s Community fleet register (CFR) number |
IR |
With format AAAXXXXXXXXX where A is an uppercase letter being the country of first registration within the EU and X being a letter or a number |
C |
|
26. |
International Radio Call Sign |
RC |
International Radio Call Sign, if CFR not up to date or not existing |
CIF |
|
27. |
Name of vessel |
NA |
Name of the vessel |
O |
|
28. |
Trip No |
TN |
Fishing trip serial number |
C |
|
29. |
Record No |
RN |
Unique sequential record number assigned to every record |
C |
|
30. |
Date and Time |
DT |
Date and time of transmission |
C |
|
31. |
Position sub-declaration |
POS |
Position when discarded (see details of sub-elements and attributes of POS) |
C |
|
32. |
Speed |
SP |
Vessel speed in knots (nn,n) |
C |
|
33. |
Course |
CO |
Vessel course in degrees (0-360) |
C |
|
34. |
Date and Time received by authority |
DR |
Date and time of registration at authority |
C |
|
35. |
Manual |
MA |
Indicates if data is received electronically or manually entered (Y/N) |
C |
|
36. |
Date and time manual data entry |
DM |
Date and time of manual data entry into the database, in case of manually entered |
CIF |
ANNEX XXXIII
INFORMATION WHICH SHALL BE LISTED ON THE PUBLIC SUBPAGES OF PUBLICLY ACCESSIBLE WEBSITES
1. The responsible authorities for issuing fishing licences and authorisations (Article 115(a) of the Control Regulation):
authority name;
complete postal address;
street address (if different from postal address);
phone number;
fax number;
e-mail address;
website URL.
2. List of designated ports for the purpose of transhipment (Article 115(b) of the Control Regulation) containing:
port name;
port code according to the UN/LOCODE system;
coordinate with the location of the port;
operating hours;
address or description of transhipment places.
3. List of designated ports defined in a multiannual plan (Article 115(c) of the Control Regulation) containing:
port name;
port code according to the UN/LOCODE system;
coordinate with the location of the port;
operating hours;
address or description of landing or transhipment places;
the associated conditions for recording and reporting the quantities of the species under the multiannual plan for each landing.
4. Real-time closures by Member States (Article 115(d) of the Control Regulation):
the national legal reference to the decision establishing the real-time closure;
a list of coordinates defining the contours of the closure;
the start date and time;
the end date and time;
conditions governing fisheries in that area during the closure;
a map indicating the delimitation of the closure.
5. Contact point details for the transmission or submission of fishing logbooks, prior notifications, transhipment declarations, landing declarations, sales notes, take-over declarations and transport documents (Article 115(e) of the Control Regulation):
contact point name;
complete postal address;
street address;
phone number;
fax number;
e-mail address;
website URL (if applicable).
6. Real-time closures by the Commission (Article 115(f) of the Control Regulation):
a list of coordinates defining the contours of the closure in the waters of the Member State concerned;
the start date and time;
the end date and time;
conditions governing fisheries in that area during the closure;
a map indicating the delimitation of the closure.
7. Decision to close a fishery (Article 115(g) of the Control Regulation):
the national legal reference;
the concerned stock or group of stocks subject to a quota deemed to be exhausted or the maximum allowable fishing effort deemed to have been reached;
the fishing area code;
the start date;
the fishery or gear type (where appropriate).
ANNEX XXXIV
STANDARD FORM FOR THE EXCHANGE OF INFORMATION ON REQUEST ACCORDING TO ARTICLE 158 OF THIS REGULATION
ANNEX XXXV
STANDARD FORM FOR THE REQUEST FOR ADMINISTRATIVE NOTIFICATION ACCORDING TO ARTICLE 161(2) OF THIS REGULATION
ANNEX XXXVI
STANDARD FORM FOR THE REPLY FOR ADMINISTRATIVE NOTIFICATION ACCORDING TO ARTICLE 161(3) OF THIS REGULATION
ANNEX XXXVII
LIST OF MINIMUM INFORMATION TO FORM THE BASIS FOR 5 YEARLY REPORT ON THE APPLICATION OF THE CONTROL REGULATION
1. GENERAL PRINCIPLES
SUMMARY
Articles 5 to 7 of the Control Regulation
2. GENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES
SUMMARY
2.1 Article 6 of the Control Regulation
FISHING LICENCES:
2.2 Article 7 of the Control Regulation
FISHING AUTHORISATION:
2.3 Article 8 of the Control Regulation
MARKING OF THE FISHING GEAR:
2.4 Article 9 of the Control Regulation
FISHING VESSEL MONITORING SYSTEMS
2.5 Article 10 of the Control Regulation
AUTOMATIC IDENTIFICATION SYSTEM (AIS)
2.6 Article 11 of the Control Regulation
VESSEL DETECTION SYSTEMS (VDS)
2.7 Article 13 of the Control Regulation
NEW TECHNOLOGIES
3. CONTROL OF FISHERIES
SUMMARY
CONTROL OF THE USE OF FISHING OPPORTUNITIES
3.1 Articles 14, 15 and 16 of the Control Regulation
COMPLETION AND SUBMISSION OF FISHING LOGBOOKS AND LANDING DECLARATIONS
3.2 Articles 16 and 25 of the Control Regulation
FISHING VESSELS NOT SUBJECT TO VESSEL FISHING LOGBOOK AND LANDING DECLARATION REQUIREMENTS
3.3 Article 17 of the Control Regulation
PRIOR NOTIFICATION
3.4 Article 18 of the Control Regulation
PRIOR NOTIFICATION OF LANDING IN ANOTHER MEMBER STATE
3.5 Article 20 of the Control Regulation
TRANSHIPMENT OPERATIONS IN PORTS OR PLACES
3.6 Articles 21 and 22 of the Control Regulation
TRANSHIPMENT OPERATIONS IN PORTS OR PLACES
3.7 Article 26 of the Control Regulation
MONITORING OF FISHING EFFORT
3.8 Articles 33 and 34 of the Control Regulation
RECORDING OF CATCHES AND FISHING EFFORT
3.9 Article 35 of the Control Regulation
CLOSURE OF FISHERIES
4. CONTROL OF FLEET MANAGEMENT
4.1 Article 38 of the Control Regulation
FISHING CAPACITY
4.2 Article 42 of the Control Regulation
TRANSHIPMENT IN PORT
4.3 Article 43 of the Control Regulation
DESIGNATED PORTS
4.4 Article 44 of the Control Regulation
SEPARATE STOWAGE OF DEMERSAL CATCHES SUBJECT TO MULTI ANNUAL PLANS
4.5 Article 46 of the Control Regulation
NATIONAL CONTROL ACTIONS PROGRAMMES
5. CONTROL OF TECHNICAL MEASURES
SUMMARY
5.1 Article 47 of the Control Regulation
5.2 Article 48 of the Control Regulation
RETRIEVAL OF LOST GEAR
5.3 Article 49 of the Control Regulation
CATCH COMPOSITION
6. CONTROL OF FISHING RESTRICTED AREAS
SUMMARY
6.1 Article 50 of the Control Regulation
7. REAL TIME CLOSURE OF FISHERIES
SUMMARY
7.1 Article 53 of the Control Regulation
8. CONTROL OF RECREATIONAL FISHERIES
SUMMARY
8.1 Article 55 of the Control Regulation
9. CONTROL OF MARKETING
SUMMARY
9.1 Article 56 of the Control Regulation
PRINCIPLES FOR THE CONTROL OF MARKETING
9.2 Article 57 of the Control Regulation
COMMON MARKETING STANDARDS
9.3 Article 58 of the Control Regulation
TRACEABILITY
9.4 Article 59 of the Control Regulation
FIRST SALE
9.5 Article 60 of the Control Regulation
WEIGHING
9.6 Article 61 of the Control Regulation
WEIGHING AFTER TRANSPORT
9.7 Article 62 of the Control Regulation
COMPLETION AND SUBMISSION OF SALES NOTES
9.8 Article 66 of the Control Regulation
TAKE OVER DECLARATIONS
9.9 Article 68 of the Control Regulation
COMPLETION AND SUBMISSION OF TRANSPORT DOCUMENTS
10. PRODUCER ORGANISATIONS AND PRICE AND INTERVENTION
SUMMARY
10.1 Article 69 of the Control Regulation
MONITORING OF PRODUCER ORGANISATIONS
10.2 Article 70 of the Control Regulation
MONITORING OF PRICE AND INTERVENTION ARRANGEMENTS
11. SURVEILLANCE
SUMMARY
11.1 Article 71 of the Control Regulation
SIGHTINGS AND DETECTION AT SEA
11.2 Article 73 of the Control Regulation
CONTROL OBSERVERS
12. INSPECTION AND ENFORCEMENT
SUMMARY
12.1 Articles 74 and 76 of the Control Regulation
CONDUCT OF INSPECTIONS
12.2 INSPECTION RESOURCE: VESSELS
12.3 INSPECTIONS ACTIVITY: AT SEA
12.4 INSPECTION RESOURCE: SURVEILLANCE AIRCRAFT
12.5 FOLLOW UP OF INSPECTIONS AND INFRINGEMENTS DETECTED
12.6 Article 75 of the Control Regulation
DUTIES OF THE OPERATOR
12.7 Article 79
UNION INSPECTORS
12.8 Articles 80, 81, 82, 83 and 84 of the Control Regulation
INSPECTIONS OF FISHING VESSELS OUTSIDE THE WATERS OF THE INSPECTING MEMBER STATE
12.9 Articles 85 and 86 of the Control Regulation
PROCEEDINGS OF INFRINGEMENTS DETECTED IN THE COURSE OF INSPECTIONS
13. ENFORCEMENT
SUMMARY
Articles 89, 90 and 91 of the Control Regulation
MEASURES TO ENSURE COMPLIANCE
13.1 Article 92 of the Control Regulation
PENALTY POINTS SYSTEM
13.2 Article 93 of the Control Regulation
NATIONAL REGISTER OF INFRINGEMENTS
14. CONTROL PROGRAMMES
14.1 Article 94 of the Control Regulation
COMMON CONTROL PROGRAMMES
14.2 Article 95 of the Control Regulation
SPECIFIC CONTROL AND INSPECTION PROGRAMMES
15. DATA AND INFORMATION
ANALYSIS AND AUDIT OF DATA
15.1 Articles 109 to 116 of the Control Regulation
16. IMPLEMENTATION
16.1 Articles 117 and 118 of the Control Regulation
ADMINISTRATIVE AND MUTUAL CO-OPERATION
( 1 ) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
( 2 ) OJ L 128, 21.5.2005, p. 1.
( 3 ) OJ L 171, 6.7.1994, p. 7.
( 4 ) OJ L 274, 25.9.1986, p. 1.
( 5 ) OJ L 60, 5.3.2008, p. 1.
( 6 ) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1) and Commission implementing Regulation (EU) No 1101/2014 of 16 October 2014 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 312, 31.10.2014, p. 1).
( 7 ) OJ L 139, 30.4.2004, p. 55.
( 8 ) OJ L 286, 29.10.2008, p. 1.
( 9 ) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).
( 10 ) Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).
( 11 ) Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (OJ L 115, 9.5.1996, p. 3).
( 12 ) Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (OJ L 5, 9.1.2004, p. 25).
( 13 ) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
( 14 ) This information shall be indicated on the fishing licence only at the moment when the vessel is registered in the Union fishing fleet register in accordance with the provisions of Commission Regulation (EC) No 26/2004 (OJ L 5, 9.1.2004, p. 25).
( 15 ) In accordance with Regulation (EC) No 26/2004.
( 16 ) For vessels having a name.
( 17 ) In accordance with Regulation (EC) No 26/2004 for vessels requested to have an IRCS.
( 18 ) In accordance with Regulation (EC) No 2930/86.
( 19 ) In accordance with Regulation (EC) No 2930/86. This information shall be indicated on the fishing licence only at the moment when the vessel is registered in the Union fishing fleet register in accordance with the provisions of Regulation (EC) No 26/2004.
( 20 ) In accordance with the International Standard Statistical Classification of Fishing Gear (ISSCFCG).
( 21 ) In accordance with Regulation (EC) No 26/2004.
( 22 ) For vessels having a name.
( 23 ) Vessels remaining within an effort zone not exceeding 5 nautical miles either side of the line separating two effort zones must record their first entry and last exit during a period of 24 hours.
( 24 ) OJ L 41, 16.2.2010, p. 8.
( *1 ) Compulsory information to be collected and recorded in the database in accordance with Article 118 of this Regulation
( *2 ) Compulsory information to be collected and recorded in the database in accordance with Article 118 of this Regulation
( *3 ) Additional for port state control inspection
( *4 ) Compulsory information to be collected and recorded in the database in accordance with Article 118 of this Regulation
( *5 ) Additional for port state control inspection
( *6 ) Compulsory information to be collected and recorded in the database in accordance with Article 118 of this Regulation
( *7 ) Compulsory information to be collected and recorded in the database in accordance with Article 118 of this Regulation