# Commission Implementing Decision of 15 July 2014 identifying the priorities of the Union for enforcement and control policy            in the framework of the European Maritime and Fisheries Fund (2014/464/EU)         

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U.K.

# Commission Implementing Decision

# of 15 July 2014

# identifying the priorities of the Union for enforcement and control policy in the framework of the European Maritime and Fisheries                        Fund                     

# (2014/464/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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(1), and in particular Article 17(3) thereof,                        

After consulting the Committee on the European Maritime Fisheries Fund,

Whereas:

(1)the priorities of the Union for enforcement and control policy need to be defined in order to enable the preparation by the                              Member States of the operational programmes relating to measures financed in accordance with Regulation (EU) No 508/2014.

(2)The Union support should give priority to the most effective actions in order to improve efficiency in control activities,                              taking into account the performance of Member States in implementing Council Regulation (EC) No 1005/2008(2) and Council Regulation (EC) No 1224/2009(3).

(3)the priorities of the Union for enforcement and control policy should include:-  implementation of action plans established in accordance with Article 102(4) of the Regulation (EC) No 1224/2009 for the removal                                    of shortcomings in the control system of a Member State,                                  
-  implementation of specific actions for the fulfilment of certain *ex ante* conditionalities set out in Annex IV to Regulation (EU) No 508/2014, as provided for by Article 19(2) of Regulation (EU)                                    No 1303/2013 of the European Parliament and of the Council(4). Pursuant to Article 19(2) of Regulation (EU) No 1303/2013, where the applicable *ex ante* conditionalities are not fulfilled, the programme shall contain a description of the action to be taken, including the measures                                    to be financed,                                  
-  implementation of data validation systems as provided for in Article 109 of the Regulation (EC) No 1224/2009, and in particular                                    projects aiming at establishing interoperability between Member States' respective systems, as a complete and reliable catch                                    and effort reporting system is a cornerstone in the management of the Union fisheries resources,                                  
-  enforcement and control of the obligation to land all catches as provided for in Article 15 of Regulation (EU) No 1380/2013                                    of the European Parliament and of the Council(5). This new obligation is a very important addition to the new Common Fishery Policy made in order to contribute to the sustainability                                    of the exploitation of fisheries stocks. The implementation of this new obligation will create adaptations in Member States'                                    control system which will include new expenditures,                                  
-  enforcement and control of the catch certification scheme for the importation and exportation of fishery products as provided                                    for in Chapter III of Regulation (EC) No 1005/2008; The implementation of the catch certification scheme is the cornerstone                                    of the fight against the IUU activity,                                  
-  effective actions aiming at enforcing fleet capacity limitations. In order to ensure the balance between the fishing opportunities                                    and the fishing capacity, the Member States have to ensure the respect of the capacity limitation and they should implement                                    projects aiming at certification, verification and measurement of engine power requiring funding,                                  
-  implementation of the Specific Control and Inspection Programmes (SCIPs) or of control coordination in relation to a fishery                                    or an area not covered by a SCIP, pursuant to Article 95(4) of the Regulation (EC) No 1224/2009 and Article 15 of Council                                    Regulation (EC) No 768/2005(6). These types of action contribute to the development of the culture of compliance, the reinforcement of the cooperation between                                    the Member States and create synergy between the different control tools,                                  
-  enforcement and control of traceability requirements as set out in Article 58 of the Regulation (EC) No 1224/2009 and Article                                    67(6) of Commission Implementing Regulation (EU) No 404/2011(7). Article 58 of the Regulation (EC) No 1224/2009 requires that all lots of fisheries and aquaculture products be traceable                                    at all stages of production, processing and distribution, from catching or harvesting to retail stage. Article 67(6) of Implementing                                    Regulation (EU) No 404/2011 requires operators to affix the information on fisheries and aquaculture products referred to                                    in Article 58(5) of the Regulation (EC) No 1224/2009 by way of an identification tool such as a code, barcode, electronic                                    chip or a similar device or marking system; that requirement applies from 1 January 2013, to products from fisheries subject                                    to a multiannual plan, and as from 1 January 2015, to other fisheries and aquaculture products. Enforcement and control of                                    traceability requirements should be a Union priority. The implementation of the traceability system is the cornerstone of                                    the control fisheries policy in order to ensure the transparency of the origin of the fisheries products.                                  

(4)The Union priorities should be applied in a flexible manner depending upon the strengths and weaknesses of the enforcement                              and control policy in each Member State. If a Member State has already addressed certain priorities, that Member State should                              in principle address other priorities.

(5)Pursuant to Article 20(2) of Regulation (EU) No 508/2014, the priorities of the Union for enforcement and control policy may                              be amended every two years by the way of implementing acts in order to adapt them to the evolving needs of control,

(6)In order to allow for the prompt application of the measures provided for in this Decision, this Decision should enter into                              force on the day following that of its publication in the *Official Journal of the European Union*,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

The priorities of the Union for enforcement and control policy, as referred to in Article 17(3) of Regulation (EU) No 508/2014,                     shall be the following:                  

implementation of action plans adopted in accordance with Article 102(4) of Regulation (EC) No 1224/2009 for the removal of                              shortcomings in the control system of a Member State;                           

implementation of actions defined pursuant to Article 19(2) of Regulation (EU) No 1303/2013 in order to ensure the availability                              of administrative capacity to comply with the implementation of a Union control, inspection and enforcement system, as set                              out in Annex IV to Regulation (EU) No 508/2014;                           

implementation of data validation systems referred to in Article 109 of Regulation (EC) No 1224/2009 and in particular the                              implementation of projects using common standard formats or enhancing interoperability between Member States' systems;                           

control and enforcement of the obligation to land all catches as provide for in Article 15 of Regulation (EU) No 1380/2013,                              including adaptations in Member States' control systems related to the implementation of that obligation;                           

control and enforcement of the catch certificate scheme provided for in Chapter III of Regulation (EC) No 1005/2008, and

implementation of projects aiming at certification, verification and measurement of engine power;

implementation of specific control and inspection programmes established in accordance with Article 95(4) of Regulation (EC)                              No 1224/2009;                           

control coordination in accordance with Article 15 of Regulation (EC) No 768/2005;

control and enforcement of traceability requirements, including labelling systems to ensure reliable information for consumers,                              as provided for by Article 58 of the Regulation (EC) No 1224/2009 and Article 67(6) of Implementing Regulation (EU) No 404/2011.                           

# Article 2U.K.

This Decision shall enter into force on the day following that of its publication in the *Official Journal of the European Union*.                  

Done at Brussels, 15 July 2014.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

1

OJ L 149, 20.5.2014, p. 1.                           

2

Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate                              illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004                              and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).                           

3

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with                              the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005,                              (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008,                              (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).                           

4

Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions                              on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for                              Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional                              Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council                              Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).                           

5

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).                           

6

Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation                              (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (OJ L 128, 21.5.2005, p. 1).                           

7

Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council                              Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common                              Fisheries Policy (OJ L 112, 30.4.2011, p. 1).