This document is an excerpt from the EUR-Lex website
Document 02019R0473-20240109
Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency (codification)
Consolidated text: Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency (codification)
Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency (codification)
02019R0473 — EN — 09.01.2024 — 001.001
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
REGULATION (EU) 2019/473 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 March 2019 on the European Fisheries Control Agency (OJ L 083 25.3.2019, p. 18) |
Amended by:
|
|
Official Journal |
||
No |
page |
date |
||
REGULATION (EU) 2023/2842 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 November 2023 |
L |
1 |
20.12.2023 |
REGULATION (EU) 2019/473 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 March 2019
on the European Fisheries Control Agency
(codification)
CHAPTER I
OBJECTIVE AND DEFINITIONS
Article 1
Objective
Article 2
Definitions
For the purpose of this Regulation, the following definitions shall apply:
‘control’ means control as defined in Article 4, point (3), of Regulation (EC) No 1224/2009;
‘inspection’ means inspection as defined in Article 4, point (4), of Regulation (EC) No 1224/2009;
‘means of control and inspection’ means surveillance vessels, aircraft, vehicles and other material resources as well as inspectors, observers and other human resources used by Member States for control and inspection;
‘joint deployment plan’ means a plan setting out operational arrangements for the deployment of available means of control and inspection;
‘international control and inspection programme’ means a programme that sets objectives, common priorities and procedures for control and inspection activities to implement international obligations of the Union relating to control and inspection;
‘specific control and inspection programme’ means a programme that sets objectives, common priorities and procedures for control and inspection activities established in accordance with Article 95 of Regulation (EC) No 1224/2009;
‘fishery’ means fishing activities as defined in point (28) of Article 4(1) of Regulation (EU) No 1380/2013;
‘Union inspectors’ means the inspectors included in the list referred to in Article 79 of Regulation (EC) No 1224/2009.
CHAPTER II
MISSION AND TASKS OF THE AGENCY
Article 3
Mission
The mission of the Agency shall be:
to coordinate control and inspection by Member States related to the control and inspection obligations of the Union;
to coordinate the deployment of the national means of control and inspection pooled by the Member States concerned in accordance with this Regulation;
to assist Member States in reporting information on fishing activities and control and inspection activities to the Commission and third parties;
in the field of its competences, to assist Member States to fulfil their tasks and obligations pursuant to the rules of the common fisheries policy;
to assist Member States and the Commission in harmonising the application of the rules of the common fisheries policy, and thereby to contribute to the achievement of its objectives, including the sustainable exploitation of marine biological resources;
to contribute to, and participate in, the work of Member States and the Commission on research into, and development of, control and inspection techniques and to develop pilot projects on research into, and development of, such techniques;
to contribute to the coordination of the training of inspectors and the exchange of experience between Member States;
to coordinate the operations to combat illegal, unreported and unregulated (‘IUU’) fishing in conformity with Union rules;
to assist in the uniform implementation of the control system of the common fisheries policy, including in particular:
to cooperate with the European Border and Coast Guard Agency, established by Regulation (EU) 2016/1624 of the European Parliament and of the Council ( 1 ), and the European Maritime Safety Agency, established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council ( 2 ), each within its mandate, to support the national authorities carrying out coast guard functions as set out in Article 8 of this Regulation, by providing services, information, equipment and training as well as by coordinating multipurpose operations;
where appropriate, to cooperate with and coordinate activities with other decentralised agencies of the Union within the scope of their tasks, missions, and areas of activity;
to assist the Commission in the performance of tasks assigned to the Commission in legislative acts of the Union with regard to the objectives of the Agency.
Article 4
Tasks relating to the international obligations of the Union relating to control and inspection
The Agency shall, at the Commission's request:
assist the Union and Member States in their relations with third countries and regional international fisheries organisations of which the Union is a member;
cooperate with the competent authorities of regional international fisheries organisations regarding the control and inspection obligations of the Union in the framework of working arrangements concluded with such bodies.
Article 5
Tasks relating to operational coordination
Article 6
Provision of contractual services to Member States
The Agency may provide contractual services to Member States, at their request, relating to control and inspection in connection with their obligations concerning fisheries in Union and/or international waters, including the chartering, operating and staffing of control and inspection platforms and the provision of observers for joint operations by the Member States concerned.
Article 7
Assistance to the Commission and the Member States
The Agency shall assist the Commission and the Member States for the purpose of ensuring a high level of uniform and effective fulfilment of their obligations under the rules of the common fisheries policy, including as regards the fight against IUU fishing, and assist them in their relations with third countries. The Agency shall in particular:
establish and develop a core curriculum for the training of the instructors of the fisheries inspectorate of the Member States and provide additional training courses and seminars to those officials and other personnel involved in control and inspection activities;
establish and develop a core curriculum for the training of Union inspectors before their first deployment and provide updated additional training and seminars on a regular basis to those officials;
at the request of Member States, undertake the joint procurement of goods and services relating to control and inspection activities by Member States as well as the preparation for and the coordination of the implementation by Member States of joint pilot projects;
draw up joint operational procedures in relation to joint control and inspection activities undertaken by two or more Member States;
elaborate criteria for the exchange of means of control and inspection between Member States and between Member States and third countries, and for the provision of such means by the Member States;
conduct risk analysis on the basis of fisheries data on catches, landings and fisheries effort, as well as risk analysis of unreported landings including, inter alia, a comparison of data on catches and imports with data on exports and on national consumption;
at the request of the Commission or of Member States, develop common inspection methodologies and procedures;
assist Member States, at their request, to comply with their Union and international obligations, including the fight against IUU fishing, and those arising in the framework of regional fisheries management organisations;
promote and coordinate the development of uniform risk management methodologies in the field of its competence;
coordinate and promote cooperation between Member States, and common standards for the development of sampling plans provided for in Regulation (EC) No 1224/2009.
Article 8
European cooperation on coast guard functions
The Agency shall, in cooperation with the European Border and Coast Guard Agency and the European Maritime Safety Agency, support national authorities carrying out coast guard functions at national and Union level, and, where appropriate, at international level, by:
sharing, fusing and analysing information available in ship reporting systems and other information systems hosted by or accessible to those agencies, in accordance with their respective legal bases and without prejudice to the ownership of data by Member States;
providing surveillance and communication services based on state-of-the-art technology, including space-based and ground infrastructure, and sensors mounted on any kind of platform;
building capacity by drawing up guidelines and recommendations and by establishing best practices as well as by providing training and exchange of staff;
enhancing the exchange of information and cooperation on coast guard functions, including by analysing operational challenges and emerging risks in the maritime domain;
sharing capacity by planning and implementing multipurpose operations and by sharing assets and other capabilities, to the extent that those activities are coordinated by those agencies and are agreed to by the competent authorities of the Member States concerned.
CHAPTER III
OPERATIONAL COORDINATION
Article 9
Implementation of Union obligations relating to control and inspection
Article 10
Implementation of specific control and inspection programmes
Article 11
Content of joint deployment plans
Each joint deployment plan shall:
fulfil the requirements of the relevant control and inspection programme;
apply the criteria, benchmarks, priorities and common inspection procedures determined by the Commission in control and inspection programmes;
seek to match the existing national means of control and inspection, communicated in accordance with Article 12(2), with needs, and organise their deployment;
organise the use of human and material resources, with regard to the periods and zones in which they have to be deployed, including the operation of teams of Union inspectors from more than one Member State;
take account of the existing obligations of the Member States concerned in respect of other joint deployment plans, as well as any specific regional or local constraints;
lay down the conditions under which the means of control and inspection of a Member State may enter waters under the sovereignty and jurisdiction of another Member State.
Article 12
Notification of means of control and inspection
Article 13
Procedure for the adoption of joint deployment plans
The interest of a Member State in a fishery shall be assessed by reference to the following criteria whose relative weighting shall depend on the specific features of each plan:
the relative extent of the waters subject to its sovereignty or jurisdiction, if any, that are covered by the joint deployment plan;
the quantity of fish landed on its territory in a given reference period as a proportion of the total landings from the fishery that is subject to the joint deployment plan;
the relative number of Union fishing vessels flying its flag (engine power and gross tonnage) that are involved in the fishery that is subject to the joint deployment plan in relation to the total number of vessels that are involved in that fishery;
the relative size of its quota allocation or, in the absence of a quota, its catch in a given reference period in respect of that fishery.
Article 14
Implementation of joint deployment plans
The Member States concerned by a joint deployment plan shall:
make available the means of control and inspection that are committed for the joint deployment plan;
appoint a single national point of contact/coordinator, who shall be conferred with sufficient authority to be able to respond in a timely manner to requests from the Agency that relate to the implementation of the joint deployment plan, and notify this to the Agency;
deploy their pooled means of control and inspection in accordance with the joint deployment plan and the requirements referred to in paragraph 4;
provide the Agency with on-line access to the information necessary for the implementation of the joint deployment plan;
cooperate with the Agency regarding the implementation of the joint deployment plan;
ensure that any means of control and inspection, assigned to a Union joint deployment plan, carry out their activities in accordance with the rules of the common fisheries policy.
Article 15
Assessment of joint deployment plans
The Agency shall undertake an annual assessment of the effectiveness of each joint deployment plan, as well as an analysis, on the basis of the available evidence, of the existence of a risk that fishing activities are not compliant with applicable control measures. Such assessments shall be promptly communicated to the European Parliament, the Commission and the Member States.
Article 16
Fisheries that are not subject to control and inspection programmes
Two or more Member States may request the Agency to coordinate the deployment of their means of control and inspection in relation to a fishery or an area that is not subject to a control and inspection programme. Such coordination shall take place in accordance with control and inspection criteria and priorities agreed between the Member States concerned.
Article 17
Exchange and processing of data and information
By way of derogation from paragraph 6, personal data collected or received shall not be stored for a period longer than necessary for the purposes referred to in paragraph 5 relating to:
participation in, or coordination of, control and inspections; or
enquiries pertaining to complaints, infringements and judicial or administrative proceedings.
In any event, the personal data referred to in the first subparagraph shall be stored for no longer than until the end of the proceedings and enquiries referred to in the first subparagraph.
If the information is retained for a period of time longer than that set out in paragraph 6 or in this paragraph, the personal data shall be anonymised.
Article 18
Detailed rules
Detailed rules for the implementation of this Chapter may be adopted in accordance with the procedure referred to in Article 47(2) of Regulation (EU) No 1380/2013.
Those rules may cover, in particular, the procedures for the preparation and adoption of draft joint deployment plans.
CHAPTER IV
COMPETENCES OF THE AGENCY
Article 19
Assignment of Agency officials as Union inspectors
Officials of the Agency may be assigned as Union inspectors in accordance with Article 79 of Regulation (EC) No 1224/2009.
Article 20
Agency measures
The Agency shall, where appropriate:
issue manuals on harmonised standards of inspections;
develop guidance material reflecting best practice in relation to control of the common fisheries policy, including on the training of control officials, and update such material on a regular basis;
provide the Commission with the necessary technical and administrative support to carry out its tasks.
Article 21
Cooperation
Article 22
Emergency unit
Article 23
Tasks of the emergency unit
Article 24
Multiannual work programme
Article 25
Cooperation in maritime affairs
The Agency shall contribute to the implementation of the EU Integrated Maritime Policy, and in particular conclude administrative agreements with other bodies in matters covered by this Regulation after approval by the Administrative Board. The Executive Director shall inform the Administrative Board thereof at an early stage of such negotiations.
Article 26
Detailed rules
Detailed rules for the implementation of this Chapter shall be adopted in accordance with the procedure referred to in Article 47(2) of Regulation (EU) No 1380/2013.
Those rules may cover, in particular, the drawing-up of plans for response to emergencies, the establishment of the emergency unit and the practical procedures to be applied.
CHAPTER V
INTERNAL STRUCTURE AND FUNCTIONING
Article 27
Legal status and principal office
Article 28
Staff
The Agency may also employ officials seconded by Member States on a temporary basis.
Article 29
Privileges and immunities
The Protocol on the Privileges and Immunities of the European Union shall apply to the Agency.
Article 30
Liability
Article 31
Languages
Article 32
Creation and powers of the Administrative Board
The Administrative Board shall:
appoint and dismiss the Executive Director pursuant to Article 39;
adopt, ►M1 by 1 July each year ◄ , the general report of the Agency for the previous year, and submit it to the European Parliament, the Council, the Commission, the Court of Auditors and the Member States. The report shall be made public;
adopt, by 30 November each year, the single programming document, containing, inter alia, the Agency’s multiannual programming and annual programming for the following year.
The single programming document shall contain the priorities of the Agency. It shall give priority to the duties of the Agency relating to control and inspection programmes. It shall be adopted without prejudice to the annual Union budgetary procedure. The single programming document shall be adopted taking into account the opinion of the Commission and, as regards the multiannual programming, after having consulted the European Parliament and the Council. The Administrative Board shall forward the document to the European Parliament, to the Council and to the Commission without delay;
adopt the final budget of the Agency before the beginning of the financial year, adjusting it, where necessary, according to the Union contribution and any other revenue of the Agency;
perform its duties in relation to the Agency's budget in accordance with Articles 44, 45 and 47;
exercise disciplinary authority over the Executive Director;
establish its rules of procedure which may provide for the establishment of sub-committees of the Administrative Board as necessary;
adopt procedures necessary for the performance by the Agency of its tasks;
ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti-Fraud Office (OLAF).
Article 33
Composition of the Administrative Board
Article 34
Chairing of the Administrative Board
Article 35
Meetings
Article 36
Voting
Article 37
Declaration of interests
The members of the Administrative Board shall make a declaration of interests indicating either the absence of any interests which might be prejudicial to their independence, or any direct or indirect interests which might be considered prejudicial to their independence. Those declarations shall be made annually in writing or whenever a conflict of interests may arise in relation to items on the agenda. In the latter case, the member concerned shall not be entitled to vote on any such items.
Article 38
Duties and powers of the Executive Director
The Executive Director shall have the following duties and powers:
he or she shall prepare the draft single programming document and submit it to the Administrative Board for endorsement before that draft is sent to the European Parliament, to the Council and to the Commission by 31 January of each year. He or she shall take the necessary steps for the implementation of the single programming document within the limits specified by this Regulation, its implementing rules and any applicable law;
he or she shall take all necessary steps, including the adoption of internal administrative instructions and the publication of notices, to ensure the organisation and functioning of the Agency in accordance with the provisions of this Regulation;
he or she shall take all necessary steps, including the adoption of decisions concerning the responsibilities of the Agency under Chapters II and III, including chartering and operation of means of control and inspection and the operation of an information network;
he or she shall respond to requests from the Commission and to requests for assistance from a Member State pursuant to Articles 6, 7 and 16;
he or she shall organise an effective monitoring system in order to be able to compare the Agency's achievements with its operational objectives. On that basis, the Executive Director shall prepare a draft general report each year and submit it to the Administrative Board. He or she shall establish regular evaluation procedures that meet recognised professional standards;
he or she shall exercise, in respect of the staff, the powers laid down in Article 28(2);
he or she shall draw up estimates of the Agency's revenue and expenditure in accordance with Article 44, and shall implement the budget in accordance with Article 45.
Article 39
Appointment and dismissal of the Executive Director
Article 40
Advisory Board
The Advisory Board shall appoint one of its members to take part in the deliberations of the Administrative Board without the right to vote.
Article 41
Transparency and communication
Article 42
Confidentiality
Article 43
Access to information
CHAPTER VI
FINANCIAL PROVISIONS
Article 44
Budget
The revenue of the Agency shall, without prejudice to other types of income, consist of:
a contribution from the Union entered in the general budget of the European Union (Commission section);
charges for services provided by the Agency to Member States in accordance with Article 6;
charges for publications, training and/or any other services provided by the Agency;
charges for services provided by the Agency to the European Border and Coast Guard Agency and the European Maritime Safety Agency, in the framework of the European cooperation on coast guard functions laid down in Article 8;
Union funding in the form of delegation agreements or ad-hoc grants in accordance with the Agency’s financial rules referred to in Article 47 and with the provision of the relevant instruments supporting the policies of the Union.
Article 45
Implementation and control of the budget
Article 46
Combating fraud
Article 47
Financial provisions
The Administrative Board, having received the agreement of the Commission and the opinion of the Court of Auditors, shall adopt the Agency's financial rules. They shall not depart from Commission Delegated Regulation (EU) No 1271/2013 ( 7 ) unless specifically required for the Agency's operation and with the Commission's prior consent.
CHAPTER VII
FINAL PROVISIONS
Article 48
Evaluation
At regular intervals, and at least every five years, the Commission shall carry out an evaluation to assess, in particular:
the results achieved by the Agency having regard to its objectives, mission and tasks;
the impact, effectiveness and efficiency of the Agency’s performance and its working practices in relation to its objectives, mission and tasks.
The Commission shall consult the Administrative Board on the terms of reference for each evaluation.
Article 49
Repeal
Regulation (EC) No 768/2005 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
Article 50
Entry into force
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Repealed Regulation with list of the successive amendments thereto
Council Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1). |
|
Council Regulation (EC) No 1224/2009 (OJ L 343, 22.11.2009, p. 1). |
Only Article 120 |
Regulation (EU) 2016/1626 of the European Parliament and of the Council (OJ L 251, 16.9.2016, p. 80). |
|
ANNEX II
Correlation table
Regulation (EC) No 768/2005 |
This Regulation |
Articles 1 to 7 |
Articles 1 to 7 |
Article 7a |
Article 8 |
Article 8 |
Article 9 |
Article 9 |
Article 10 |
Article 10 |
Article 11 |
Article 11 |
Article 12 |
Article 12 |
Article 13 |
Article 13 |
Article 14 |
Article 14 |
Article 15 |
Article 15 |
Article 16 |
Article 16 |
Article 17 |
Article 17 |
Article 18 |
Article 17a |
Article 19 |
Article 17b |
Article 20 |
Article 17c |
Article 21 |
Article 17d |
Article 22 |
Article 17e |
Article 23 |
Article 17f |
Article 24 |
Article 17g |
Article 25 |
Article 17h |
Article 26 |
Article 18 |
Article 27 |
Article 19 |
Article 28 |
Article 20 |
Article 29 |
Article 21 |
Article 30 |
Article 22 |
Article 31 |
Article 23 |
Article 32 |
Article 24 |
Article 33 |
Article 25 |
Article 34 |
Article 26 |
Article 35 |
Article 27 |
Article 36 |
Article 28 |
Article 37 |
Article 29 |
Article 38 |
Article 30 |
Article 39 |
Article 31 |
Article 40 |
Article 32 |
Article 41 |
Article 33 |
Article 42 |
Article 34 |
Article 43 |
Article 35 |
Article 44 |
Article 36 |
Article 45 |
Article 37 |
Article 46 |
Article 38 |
Article 47 |
Article 39 |
Article 48 |
Article 40 |
— |
Article 41 |
— |
— |
Article 49 |
Article 42 |
Article 50 |
— |
Annex I |
— |
Annex II |
( 1 ) Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).
( 2 ) Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p. 1).
( 3 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
( 4 ) OJ L 56, 4.3.1968, p. 1.
( 5 ) Council Regulation No 1 of 15 April 1958 determining the languages to be used by the European Economic Community (OJ 17, 6.10.1958, p. 385/58).
( 6 ) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
( 7 ) Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).