TEXT PROPOSED BY THE COMMISSION

AMENDMENT

This Regulation establishes a Community system for control, monitoring, surveillance, inspection, and enforcement (hereinafter to be referred to as ‘Community control system’) of the rules of the Common Fisheries Policy.

This Regulation establishes a Community system for control, with the aim of ensuring compliance with the rules of the Common Fisheries Policy.

1.   Member States shall control the activities carried out by any natural or legal person within the scope of the Common Fisheries Policy on their territory and within waters subject to their sovereignty or jurisdiction, in particular fishing, transhipments, transfer of fish to cages or aquaculture installations including fattening installations, landing, import, transport, marketing and storage of fishery products.

1.   Member States shall control the activities carried out by any natural or legal person within the scope of the Common Fisheries Policy on their territory and within waters subject to their sovereignty or jurisdiction, in particular fishing, aquaculture activities, transhipments, transfer of fish to cages or aquaculture installations including fattening installations, landing, import, transport, marketing and storage of fishery products.

4.   Each Member State shall ensure that control, inspection, monitoring, surveillance and enforcement is carried out on a non-discriminatory basis as regards the sectors, vessels or persons chosen for inspection , and on the basis of risk management.

4.   Each Member State shall ensure that control, inspection, monitoring, surveillance and enforcement is carried out on a non-discriminatory basis as regards sectors, vessels or persons, and on the basis of risk management.

3.   The flag Member State shall suspend temporarily the fishing licence of a vessel which is subject to temporary immobilisation decided by that Member State and which has had its fishing authorisation suspended in accordance with Article 45 paragraph 1 d) of Regulation (EC) No 1005/2008.

3.   The flag Member State shall suspend temporarily the fishing licence of a vessel which is subject to temporary immobilisation decided by that Member State and which has had its fishing authorisation suspended in accordance with Article 45(4) of Regulation (EC) No 1005/2008.

4.   The flag Member State shall withdraw permanently the fishing licence-of a vessel which is the subject of a capacity adjustment measure referred to in Article 11(3) of Regulation (EC) No 2371/2002 or which has had its fishing authorisation withdrawn in accordance with article 45 (1) (d) of Regulation (EC) No 1005/2008.

4.   The flag Member State shall withdraw permanently the fishing licence-of a vessel which is the subject of a capacity adjustment measure referred to in Article 11(3) of Regulation (EC) No 2371/2002 or which has had its fishing authorisation withdrawn in accordance with Article 45 (4) of Regulation (EC) No 1005/2008.

2.   A fishing vessel exceeding 10 meters length overall shall have installed on board a fully functioning device which allows that vessel to be automatically located and identified through the Vessel Monitoring System by transmitting position data at regular intervals. It shall also allow the Fisheries Monitoring Centre of the flag Member State to poll the fishing vessel. For vessels exceeding 10 meters length and up to 15 meters length overall this paragraph shall apply as from 1 January 2012.

2.   A fishing vessel exceeding 10 meters length overall shall have installed on board a fully functioning device which allows that vessel to be automatically located and identified through the Vessel Monitoring System by transmitting position data at regular intervals. It shall also allow the Fisheries Monitoring Centre of the flag Member State to poll the fishing vessel. For vessels exceeding 10 meters length and up to 15 meters length overall this paragraph shall apply as from 1 July 2013 .

2a.     Financial assistance for the installation of Vessel Monitoring System devices shall be eligible for funding under Article 8(a) of Regulation (EC) No 861/2006. Co-financing from the Community budget shall be at the rate of 80 %.

2.   The Commission may require a Member State to use a Vessel Detection System for a given fishery and at a given time.

2.   The Commission , after providing documentary justification by submitting evidence of failure to comply with control measures or scientific reports, may require a Member State to use a Vessel Detection System for a given fishery and at a given time.

3.   The permitted margin of tolerance in estimates recorded in the logbook of the quantities in kilograms of fish retained on board shall be 5  %.

3.   The permitted margin of tolerance in estimates recorded in the logbook of the quantities in kilograms of fish retained on board shall be 10  %.

1a.     Financial assistance for the installation of electronic logbooks shall be eligible for funding under Article 8(a) of Regulation (EC) No 861/2006. Co-financing from the Community budget shall be at the rate of 80 %.

2.   Paragraph 1 shall apply to Community fishing vessels exceeding 15 meters length and up to 24 meters length overall as from 1 July 2011, and to Community fishing vessels exceeding 10 meters length and up to 15 meters length overall as from 1 January 2012 . Community vessels up to 15 meters length overall may be exempted from paragraph 1 if they:

2.   Paragraph 1 shall apply to Community fishing vessels exceeding 15 meters length and up to 24 meters length overall as from 1 July 2011, and to Community fishing vessels exceeding 10 meters length and up to 15 meters length overall as from 1 July 2013 . Community vessels up to 15 meters length overall may be exempted from paragraph 1 if they:

1.   Without prejudice to specific provisions contained in multiannual plans, masters of Community fishing vessels or their representatives shall notify the competent authorities of the Member State whose port or landing facilities they wish to use at least 4 hours before the estimated time of arrival at the port, unless the competent authorities have given permission for an earlier entry, of the following information:

1.   Without prejudice to specific provisions contained in multiannual plans, masters of Community fishing vessels or their representatives having species on board which are subject to catch or effort limits shall notify the competent authorities of the Member State whose port or landing facilities they wish to use at least 4 hours before the estimated time of arrival at the port, unless the competent authorities have given permission for an earlier entry, of the following information:

4.   The Commission, in accordance with the procedure referred to in Article 111, may exempt certain categories of fishing vessels from the obligation set out in paragraph 1 for a limited period, which may be renewed, or make provision for another notification period taking into account, inter alia, the type of fishery products, the distance between the fishing grounds, landing places and ports where the vessels in question are registered.

4.   The Council, on a proposal from the Commission , may set, for certain categories of fishing vessels, another notification period for the obligation laid down in paragraph 1 taking into account, inter alia, the type of fishery products, the distance between the fishing grounds, landing places and ports where the vessels in question are registered.

4a.     The competent authorities of the Member State whose port or landing facilities the master of a fishing vessel wishes to use, having made a request to do so at least four hours prior to the estimated time of arrival at the port shall, within two hours of receiving the request, give permission accordingly.

3.   The transhipment declaration shall indicate the quantity of fishery products by species that has been transhipped, the date and place of each catch, the names of the vessels involved and the ports of transhipment and destination. Masters of both the vessels involved shall be held responsible for the accuracy of such declarations.

3.   The transhipment declaration shall indicate the quantity of fishery products by species that has been transhipped, the date and place of each catch, the names of the vessels involved and the ports of transhipment and destination. Masters of both the vessels involved shall be held responsible for the accuracy of such declarations. The area shall be to the same level of detail as under Article 14(1).

4.     The Commission, in accordance with the procedure referred to in Article 111, may exempt certain categories of fishing vessels from the obligation laid down in paragraph 1 for a limited and renewable period, or make provision for another notification period taking into account, inter alia, the type of fishery products and the distance between the fishing grounds, landing places and ports where the vessels in question are registered.

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4.     When giving the authorisation to land, the competent authorities shall assign a unique landing number (ULN) to the landing and inform the master of the vessel thereof. If the landing is interrupted, permission shall be required before the landing recommences.

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2.   Without prejudice to specific provisions contained in multiannual plans, the master or his representative of a Community fishing vessel exceeding 10 meters length overall shall transmit landing declaration data by electronic means to the competent authorities of the flag Member State within 2 hours after completion of the landing.

2.   Without prejudice to specific provisions contained in multiannual plans, the master or his representative of a Community fishing vessel exceeding 10 meters length overall shall transmit landing declaration data by electronic means to the competent authorities of the flag Member State within 6 hours after completion of the landing.

4.   Paragraph 2 shall apply to Community fishing vessels exceeding 15 meters length and up to 24 meters length overall as from 1 July 2011, and to Community fishing vessels exceeding 10 meters length and up to 15 meters length overall as from 1 January 2012 . Community vessels up to 15 meters length overall may be exempted from the application of paragraph 2 if they:

4.   Paragraph 2 shall apply to Community fishing vessels exceeding 15 meters length and up to 24 meters length overall as from 1 July 2011, and to Community fishing vessels exceeding 10 meters length and up to 15 meters length overall as from 1 July 2013 . Community vessels up to 15 meters length overall may be exempted from the application of paragraph 2 if they:

5.   For vessels exempted from the requirement set out in paragraph 2, the master, or his representative, shall record upon landing and submit as soon as possible and not later than 24 hours after landing, a landing declaration to the competent authorities of the Member State where the landing has taken place.

5.   For vessels exempted from the requirement set out in paragraph 2, the master, or his representative, shall record upon landing and submit as soon as possible and not later than 24 hours after landing, a landing declaration to the competent authorities of the Member State where the landing has taken place , which shall forward it without delay to the flag Member State .

1.   Each Member State shall record all relevant data on fishing opportunities as referred to in this Chapter, expressed both in terms of catches and fishing effort, and shall keep the originals of that data for a period of three years or longer in accordance with national rules.

1.   Each Member State shall record all relevant data on fishing opportunities as referred to in this Chapter, expressed both in terms of catches , discards and fishing effort, and shall keep the originals of that data for a period of three years or longer in accordance with national rules. The data in electronic format shall be kept for a minimum of ten years.

3.   All catches of a stock or a group of stocks subject to quota made by Community fishing vessels shall be charged against the quota applicable to the flag Member State for the stock or group of stocks in question, irrespective of the place of landing.

3.   All catches and discards of a stock or a group of stocks subject to quota made by Community fishing vessels shall be charged against the quota applicable to the flag Member State for the stock or group of stocks in question, irrespective of the place of landing.

3.   The decision referred to in paragraph 2 shall be made public by the Member State concerned and immediately communicated to the Commission and other Member States. It shall be published in the Official Journal of the European Union (C series). As from the date that the decision has been made public by the Member State concerned, Member States shall ensure that no retention on board, landings, cagings or transhipments of the relevant fish by vessels flying the flag of the Member State concerned take place in their waters and on their territory.

3.   The decision referred to in paragraph 2 shall be made public by the Member State concerned and immediately communicated to the Commission , which shall inform the other Member States. It shall be published in the Official Journal of the European Union (C series). As from the date that the decision has been made public by the Member State concerned, Member States shall verify, through the corresponding documentation, that no retention on board, landings, cagings or transhipments of the relevant fish caught, after the date of closure, by vessels flying the flag of the Member State concerned take place in their waters and on their territory.

3.   These deductions and the consequent allocations shall be made taking into account as a matter of priority the species and zones for which the fishing opportunities were fixed. They may be made during the year in which the prejudice occurred or in the succeeding year or years .

3.   These deductions and the consequent allocations shall be made taking into account as a matter of priority the species and zones for which the fishing opportunities were fixed. They may be made during the year in which the prejudice occurred or in the succeeding year.

Article 28a

Transfer of unused quotas

1.     If all or part of the quotas for a Member State will not be used during the year in which they were granted, these quotas may be used, that same year, by other Member States. The Commission shall first of all inform the Member States concerned, asking them to confirm that they are not going to use these fishing opportunities. Following such confirmation, the Commission shall assess all the unused fishing opportunities and inform the Member States thereof, before taking the decision on their reallocation, in close cooperation with the Member States concerned.

2.     The transmission of applications in accordance with this Article shall in no way affect the allocation of fishing opportunities or their exchange among Member States, in accordance with Article 20 of Regulation (EC) No 2371/2002.

3.     Detailed rules for the application of this Article, and in particular those referring to the conditions for the use or transfer of quotas, shall be adopted in accordance with the procedure referred to in Article 111.

Article 33

Transhipments in port

Community fishing vessels engaged in fishing activities in the fisheries subject to a multiannual plan shall not transfer their catches on board of any other vessel or vehicle without previously landing their catches in order to be weighed in an auction centre or other body authorised by Member States.

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4a.     Member States may designate a port not meeting the criteria set out in paragraph 4 in order to avoid vessels having to sail for a distance greater than 50 miles to port.

2.   In fisheries in which it is allowed to have more than two types of gear on board, the gear which is not used shall be stowed so that it may not readily be used in accordance with the following conditions:

2.   In fisheries in which it is allowed to have more than one type of gear on board, the gear which is not used shall be stowed so that it may not readily be used in accordance with the following conditions:

1.   The master of a fishing vessel shall record all discards above 15 kg of live weight equivalents in volume and shall communicate, where possible by electronic means, this information without delay to its competent authorities.

1.   The master of a fishing vessel shall record all discards above 15 kg of live weight equivalents in volume per haul of gear and per trip, and shall communicate, where possible by electronic means, this information without delay to its competent authorities. The Commission shall consider a scheme to fit video-monitoring equipment for the purpose of ensuring compliance with this Regulation. Released fish in Recreational Fisheries shall not be considered to constitute discards or mortality for the purposes of this Regulation.

For vessels fitted with Vessel Monitoring System, Member States shall verify systematically that the information received at the Fisheries Monitoring Centre corresponds to activities recorded in the logbook by using Vessel Monitoring System data and where available to the data from observers. Such cross-checks shall be recorded in computer-readable format and kept for a period of three years.

For vessels fitted with Vessel Monitoring System, Member States shall verify systematically that the information received at the Fisheries Monitoring Centre corresponds to activities recorded in the logbook by using Vessel Monitoring System data and where available to the data from observers. Such cross-checks shall be recorded in computer-readable format and kept for a period of ten years.

The whole of Section 4 is deleted.

1.   Recreational fisheries on a vessel in Community waters on a stock subject to a multiannual plan shall be subject to an authorisation for that vessel issued by the flag Member State.

1.   Recreational Fisheries conducted from a vessel in Community marine waters on a stock subject to a multiannual recovery plan may be evaluated by the Member State in whose waters they are conducted. Fishing with rod and reel from shore shall not be included.

2.    Catches in recreational fisheries on stocks subject to a multiannual plan shall be registered by the flag Member State.

2.    Within two years of the date of entry into force of this Regulation, Member States may estimate the impact of Recreational Fisheries conducted in their waters and submit the information to the Commission. The relevant Member State and the Commission, on the basis of the advice of the Scientific, Technical and Economic Committee for Fisheries, shall decide which Recreational Fisheries are having a significant impact on stocks. For those fisheries having a significant impact, the Member State concerned, in close cooperation with the Commission, shall develop a monitoring system that is able to accurately estimate the total recreational catches from each stock. Recreational Fisheries shall comply with the objectives of the Common Fisheries Policy.

3.    Catches of species subject to a multiannual plan by recreational fisheries shall be counted against the relevant quotas of the flag Member State. The Member States concerned shall establish a share from such quotas to be used exclusively for the purpose of recreational fisheries .

3.    Where a Recreational Fishery is found to have a significant impact , catches shall be counted against the relevant quota of the flag Member State. The Member State may establish a share from such quota to be used exclusively for the purpose of that Recreational Fishery .

3.    Where a minimum size has been fixed for a given species, operators responsible for selling, stocking or transporting must be able to prove the geographical origin of the products expressed by reference to a sub-area and division or sub-division, or where applicable statistical rectangle in which catch limits apply pursuant to Community legislation.

3.    Operators responsible for selling, stocking or transporting must be able to prove the geographical origin of the products expressed to the same level of detail as under Article 14(1).

1.   Registered buyers, registered auctions or other bodies or persons which are responsible for the first marketing of fishery products landed in a Member State, shall submit electronically, within 2 hours after the first sale, a sales note to the competent authorities of the Member State in whose territory the first sale takes place. If this Member State is not the flag State of the vessel that landed the fish, it shall ensure that a copy of the sales note is submitted to the competent authorities of the flag Member State upon receipt of the relevant information. The accuracy of the sales note shall be the responsibility of these buyers, auctions, bodies or persons.

1.   Registered buyers, registered auctions or other bodies or persons which are responsible for the first marketing of fishery products landed in a Member State, shall submit electronically, within 6 hours after the first sale, a sales note to the competent authorities of the Member State in whose territory the first sale takes place. If this Member State is not the flag State of the vessel that landed the fish, it shall ensure that a copy of the sales note is submitted without delay to the competent authorities of the flag Member State upon receipt of the relevant information. The accuracy of the sales note shall be the responsibility of these buyers, auctions, bodies or persons.

6.   All costs arising from the operation of observers under this Article shall be borne by the flag Member States. Member States may charge those costs, in part or in full, to the operators of the vessels flying their flags involved in the relevant fishery.

6.   All costs arising from the operation of observers under this Article shall be borne by the flag Member States and the Commission .

Member States shall set up and keep up to date an electronic database where they upload all inspection and surveillance reports drawn up by their officials.

Member States shall set up and keep up to date an electronic database where they upload all inspection and surveillance reports , including observer reports, drawn up by their officials.

The inspecting Member State may also transfer prosecution of the infringement to the competent authorities of the flag Member State or the Member State of registration or the Member State of which the offender is a citizen so long as this is done, with the agreement of the latter Member State and on condition that the transfer is more likely to achieve the result referred to in Article 81(2).

The inspecting Member State may also transfer prosecution of the infringement to the competent authorities of the flag Member State or the Member State of which the offender is a citizen so long as this is done, with the agreement of the latter Member State and on condition that the transfer is more likely to achieve the result referred to in Article 81(2).

1.   Member States shall ensure that a natural person having committed or a legal person held liable for a serious infringement is punishable by effective, proportionate and dissuasive administrative sanctions, in accordance with the range of sanctions and measures provided for in Chapter IX of Regulation (EC) No 1005/2008.

1.   Member States shall ensure that a natural person having committed or a legal person held liable for a serious infringement is , in principle, punished by effective, proportionate and dissuasive administrative sanctions, in accordance with the range of sanctions and measures provided for in Chapter IX of Regulation (EC) No 1005/2008.

6a.     Member States shall ensure that operators found liable for a serious infringement of the rules of the Common Fisheries Policy are precluded from benefiting from the European Fisheries Fund, Fisheries Partnership Agreements and other public aid. The sanctions provided for in this Chapter shall be accompanied by other sanctions or measures, in particular the repayment of public assistance or subsidies received by IUU vessels during the financing period concerned.

1.   Member States shall apply a penalty point system on the basis of which the holder of a fishing authorisation receives appropriate penalty points as a result of an infringement against the rules of the Common Fisheries Policy.

1.   Member States shall apply a penalty point system on the basis of which the holder of a fishing authorisation receives appropriate penalty points as a result of a serious infringement against the rules of the Common Fisheries Policy.

2.   When a natural person has committed or a legal person is held liable for an infringement of the rules of the Common Fisheries Policy, the appropriate number of points shall be assigned to the holder of the fishing authorisation as a result of the infringement. The holder of the fishing authorisation shall be entitled to review proceedings in accordance with national law.

2.   When a natural person has committed or a legal person is held liable for a serious infringement of the rules of the Common Fisheries Policy, the appropriate number of points shall be assigned to the holder of the fishing authorisation as a result of the serious infringement. The holder of the fishing authorisation shall be entitled to review proceedings in accordance with national law.

2a.     As long as a holder of a fishing authorisation has been assigned penalty points, that holder shall be precluded from receiving Community subsidies and national public aid during that time.

4.     In the event of a serious infringement, the penalty points assigned shall be at least, equal to half of the points referred to in paragraph 3.

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5.   If the holder of a suspended fishing authorisation does not commit, within three years from the date of the last infringement, another infringement, all points on the fishing authorisation shall be deleted.

5.   If the holder of a suspended fishing authorisation does not commit, within three years from the date of the last serious infringement, another serious infringement, all points on the fishing authorisation shall be deleted.

7.   Member States shall also establish a penalty point system under which the master and the officers of a vessel receive appropriate penalty points as a result of an infringement against the rules of the Common Fisheries Policy committed by them.

7.   Member States shall also establish a penalty point system under which the master or the captain of a vessel receive appropriate penalty points as a result of an infringement against the rules of the Common Fisheries Policy committed by them.

1.   Member States shall register in a national data base all infringements against rules of the Common Fisheries Policy, committed by vessels flying their flag or by their nationals, including the sanctions they incurred and the number of points assigned. Infringements of vessels flying their flag or by their nationals prosecuted in other Member States shall also be entered by Member States in their national data base on infringements, upon notification of the definitive ruling by the Member State having jurisdiction, pursuant to Article 82.

1.   Member States shall register in a national data base all infringements against rules of the Common Fisheries Policy, committed by those responsible for vessels flying their flag or by their nationals, including the sanctions they incurred and the number of points assigned. Infringements of vessels flying their flag or by their nationals prosecuted in other Member States shall also be entered by Member States in their national data base on infringements, upon notification of the definitive ruling by the Member State having jurisdiction, pursuant to Article 82.

3.   Where a Member State requests information from another Member State in relation to the prosecution of an infringement, that other Member State shall provide the relevant information on the fishing vessels and persons in question.

3.   Where a Member State requests information from another Member State in relation to the prosecution of an infringement, that other Member State shall provide the relevant information on the fishing vessels and persons in question without delay .

3a.     Information on infringements committed and for which a conviction has been obtained by the fishing vessels and individuals in question will be available to the public via the public part of the website referred in Article 107.

4.   Officials of the Member State concerned shall be given the possibility to be present during the inspection and shall, at the request of the Commission officials, assist them to carry out their duties.

4.   Officials of the Member State concerned shall always be present during the inspection and shall, at the request of the Commission officials, assist them to carry out their duties.

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1.   Where a Member State does not respect its obligations for the implementation of a multiannual plan, and where the Commission has reasons to believe that the non respect of those obligations is particularly detrimental to the stock concerned, the Commission may provisionally close the fisheries affected by those shortcomings.

1.   Where a Member State does not respect its obligations for the implementation of a multiannual plan, and where the Commission has evidence that the non respect of those obligations is particularly detrimental to the stock concerned, the Commission may provisionally close the fisheries affected by those shortcomings.

1.   When the Commission has established that a Member State has overfished its quota, allocation or share of a stock or a group of stocks available to it the Commission shall operate deductions in the following year or years from the annual quota, allocation or share of the Member State which has overfished by applying a multiplying factor according to the following table:

1.   When the Commission has established that a Member State has overfished its quota, allocation or share of a stock or a group of stocks available to it the Commission shall operate deductions in the following year from the annual quota, allocation or share of the Member State which has overfished by applying a multiplying factor according to the following table:

1a.     If the quota, allocation or share of a stock or a group of stocks allocated to a Member State does not exceed 100 tonnes, the reduction for exceeding the quota shall be applied in a linear manner and not by percentage, except for species covered by a multiannual plan to which paragraph 1 shall apply.

2.   If a Member State has repeatedly overfished its quota, allocation or share of the stock or group of stocks over the previous two years, if the overfishing is particularly detrimental to the stock concerned or if the stock is subject to a multiannual plan, the multiplying factor referred to in paragraph 1 shall be doubled.

2.   If , over the previous two years, a Member State has repeatedly overfished its quota, allocation or share of a stock or group of stocks that is particularly sensitive to over-fishing or subject to a multiannual plan, the multiplying factor referred to in paragraph 1 shall be doubled.

3.     If a Member State takes catches from a stock subject to a quota for which it has no quota, allocation or share of a stock or a group of stocks available to it, the Commission may deduct in the following year or years quotas for other stocks or groups of stocks available to that Member State in accordance with paragraph 1.

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Article 98

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

1.     Where there is evidence that rules on conservation, control, inspection or enforcement under the Common Fisheries Policy are not being complied with by a Member State and that this may lead to a serious threat to the conservation of living aquatic resources or the effective operation of the Community control and enforcement system, the Commission may operate deductions from the annual quotas, allocations or shares of a stock or group of stocks available to that Member State.

2.     The Commission shall inform in writing the Member State concerned of its findings and set a deadline of no more than 10 working days for the Member State to demonstrate that the fisheries can be safely exploited.

3.     The measures referred to in paragraph 1 shall only apply if the Member State fails to respond to this request of the Commission within the deadline given in paragraph 2 or if the response is considered unsatisfactory or is clearly indicative of the fact that the necessary measures have not been implemented.

4.     Detailed rules for the application of this article, and in particular for determining the quantities concerned, shall be adopted in accordance with the procedure referred to in Article 111.

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Article 100

Refusal of quota exchanges

The Commission may exclude the possibility to exchange quotas according to Article 20 paragraph 5 of Regulation (EC) No 2371/2002:

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1.   If there is evidence, including based on the results of the sampling carried out by the Commission, that fishing activities and/or measures adopted by a Member State or Member States undermine the Common Fisheries Policy or threaten the marine eco-system and this requires immediate action, the Commission, at the substantiated request of any Member State or on its own initiative, may decide on emergency measures which shall last not more than one year . The Commission may take a new decision to extend the emergency measures for no more than six months.

1.   If there is evidence, including based on the results of the sampling carried out by the Commission, that fishing activities and/or measures adopted by a Member State or Member States undermine the Common Fisheries Policy or threaten the marine eco-system and this requires immediate action, the Commission, at the substantiated request of any Member State or on its own initiative, may decide on emergency measures which shall last not more than six months . The Commission may take a new decision to extend the emergency measures for no more than six months.

3.   A Member State shall communicate the request referred to in paragraph 1 simultaneously to the Commission and to the Member States concerned. The other Member States may submit their written comments to the Commission within five working days of receipt of the request. The Commission shall take a decision within 15 working days of receipt of the request.

3.   A Member State shall communicate the request referred to in paragraph 1 simultaneously to the Commission and to the Member States concerned. The other Member States may submit their written comments to the Commission within 15 working days of receipt of the request. The Commission shall take a decision within 15 working days of receipt of the request.

5.   The Member States concerned may refer the Commission decision to the Council within 10 working days of receipt of the notification.

5.   The Member States concerned may refer the Commission decision to the Council within 15 working days of receipt of the notification.

2.    The names of natural persons shall not be communicated to the Commission or to another Member State except in the case where such communication is expressly provided for in this Regulation or if it is necessary for the purposes of preventing or pursuing infringements or the verification of apparent infringements. The data referred to in paragraph 1 shall not be transmitted unless they are aggregated with other data in a form, which does not permit the direct or indirect identification of natural persons.

2.    Personal data shall not be communicated to the Commission or to another Member State except in the case where such communication is expressly provided for in this Regulation or if it is necessary for the purposes of preventing or pursuing infringements or the verification of apparent infringements. The data referred to in paragraph 1 shall not be transmitted unless they are aggregated with other data in a form, which does not permit the direct or indirect identification of natural persons.

1.   Member States and the Commission shall take all necessary steps to ensure that the data collected and received within the framework of this Regulation shall be treated in a confidential manner and shall respect all rules on professional and commercial secrecy of data.

1.   Member States and the Commission shall take all necessary steps to ensure that the data collected and received within the framework of this Regulation shall be treated in a confidential manner and shall respect all rules on professional and commercial secrecy of data , consistent with all applicable provisions laid down in Regulation (EC) No 45/2001 and Directive 95/46/EC .

4.     Data communicated in the framework of this Regulation to persons working for competent authorities, courts, other public authorities and the Commission or the body designated by it, the disclosure of which would undermine:

shall be permitted only if it is necessary to bring about the cessation or prohibition of an infringement of the rules of the Common Fisheries Policy and the authority communicating the information consents to its disclosure.

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3.   For the secure part of its website, each Member State shall provide remote access to the Commission and the body designated by it. The Member State shall grant access to Commission officials based on electronic certificates generated by the Commission or the body designated by it.

3.   For the secure part of its website, each Member State shall provide remote access to the Commission and the body designated by it. The Member State shall grant access to Commission officials based on electronic certificates generated by the Commission or the body designated by it.

Third countries shall be provided with the information included in paragraphs 1(b), 1(d) and 1(f) for Community vessels that apply for licences to fish in their waters. The information shall be provided at the request of the third country concerned and without delay, on condition that the third country guarantees in writing the confidentiality of the information. The transfer of personal data under this provision shall be deemed to comply with Article 26(1)(d) of Directive 95/46/EC.

1.   Without prejudice to the enforcement powers conferred by the Treaty on the Commission, the Agency shall assist the Commission for the purpose of evaluating and controlling the application of the rules of the Common Fisheries Policy by the Member States. The Agency may undertake inspections of public authorities and private operators in the Member States. For this purpose it may, in compliance with the legal provisions of the Member State concerned,

1.   Without prejudice to the enforcement powers conferred by the Treaty on the Commission, the Agency shall assist the Commission for the purpose of evaluating and controlling the application of the rules of the Common Fisheries Policy by the Member States. The Agency may , using its own resources, undertake inspections of public authorities and private operators in the Member States. For this purpose it may, in compliance with the legal provisions of the Member State concerned,