02013D0328 — EN — 01.01.2017 — 001.001

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►B COMMISSION IMPLEMENTING DECISION of 25 June 2013 establishing a specific control and inspection programme for certain demersal and pelagic fisheries in the Union waters of the North Sea and in the Union waters of ICES Division IIa (2013/328/EU) (OJ L 175 27.6.2013, p. 61)

Amended by:









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COMMISSION IMPLEMENTING DECISION

of 25 June 2013

establishing a specific control and inspection programme for certain demersal and pelagic fisheries in the Union waters of the North Sea and in the Union waters of ICES Division IIa

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(2013/328/EU)







CHAPTER I

GENERAL PROVISIONS

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Article 1

Subject matter

This Decision establishes a single specific control and inspection programme applicable to the fisheries exploiting cod, sole, plaice in the Union waters of ICES zones IIIa and IV, and certain fisheries exploiting mackerel, herring, horse mackerel, blue whiting, argentine, sprat; sand eel, and Norway pout; cod, haddock, whiting, saithe, Norway lobster, common sole, plaice, hake, Northern prawn, in the Union waters of ICES zones IIIa and IV and in the Union waters of ICES Division IIa (‘Areas concerned’).

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Article 2

Scope

1. The specific control and inspection programme shall in particular cover the following activities:

(a) fishing activities within the meaning of Article 4(1) of Regulation (EC) No 1224/2009 in Areas concerned; and

(b) fishing related activities, including the weighing, processing, marketing, transport and storage of fisheries products.

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1a. The specific control and inspection programme shall apply to:

(a) the fisheries defined in the Annex to Commission Delegated Regulation (EU) No 1395/2014 ( 1 );

(b) the fisheries defined in the Annex to Commission Delegated Regulation (EU) 2015/2440 ( 2 );

(c) the stocks covered by Regulations (EC) No 1342/2008 and (EC) No 676/2007.

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2. The specific control and inspection programme shall apply until 31 December 2018.

3. The specific control and inspection programme shall be implemented by Belgium, Denmark, Germany, Ireland, France, the Netherlands, Sweden, and the United Kingdom (hereafter referred to as ‘Member States concerned’).







CHAPTER II

OBJECTIVES, PRIORITIES, PROCEDURES AND BENCHMARKS

Article 3

Objectives

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1. The specific control and inspection programme shall ensure the uniform and effective implementation of conservation and control measures applicable to the fisheries and stocks referred to in Article 2(1a).

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2. Control and inspection activities carried out under the specific control and inspection programme shall in particular aim at ensuring compliance with the following provisions:

(a) fishing opportunities management and any specific conditions associated therewith, including the monitoring of quota uptake and effort regime in the Areas concerned;

(b) reporting obligations applicable to fishing activities, in particular the reliability of the information recorded and reported;

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(c) the obligation to land all catches of species subject to the landing obligation pursuant to Regulation (EU) No 1380/2013 of the European Parliament and of the Council ( 3 ), and the measures to reduce discarding provided for in Title IIIa of Council Regulation (EC) No 850/98 ( 4 ).

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Article 4

Priorities

1. Member States concerned shall carry out control and inspection activities with respect to fishing activities by fishing vessels and fishing related activities by other operators on the basis of a risk management strategy, in conformity with Article 4(18) of Regulation (EC) No 1224/2009 and Article 98 of Implementing Regulation (EU) No 404/2011.

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2. Each fishing vessel, group of fishing vessels, fishing gear category, operator, and/or fishing-related activity, for each fishery and stocks referred to in Article 2(1a), shall be subject to control and inspection according to the level of priority attributed pursuant to paragraph 3.

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3. Each Member State concerned shall attribute the level of priority on the basis of the results of the risk assessment carried out in accordance with the procedures laid down in Article 5.

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Article 5

Procedures for risk assessment

1. Member States concerned shall assess risks with regard to the stocks and area(s) listed in Article 1 according to the methodology established in cooperation with the European Fisheries Control Agency (EFCA).

2. The risk assessment methodology referred to in paragraph 1 shall provide that the Member State concerned:

(a) considers, on the basis of past experience and using all available and relevant information, how likely a non-compliance is to happen and, if it were to happen, the potential consequence(s);

(b) establishes the level of risk — by fisheries and stocks, area covered, time of the year — based on occurrence (frequent, medium, seldom, not) and potential consequences (serious, significant, acceptable or marginal). The estimated risk level shall be expressed as ‘very low’, ‘low’, ‘medium’, ‘high’ or ‘very high’.

3. Member States concerned shall establish and regularly update a list of their vessels indicating, at least the high and very high risk vessels. The up-to date list of vessels graded by risks shall be used during the relevant joint deployment plan campaigns.

4. In cases where a fishing vessel flying the flag of a Member State which is not a Member State concerned, or a third country fishing vessel, operates in the area(s) referred to in Article 1, it shall be attributed a level of risk in accordance with paragraph 2. In the absence of information and unless its flag authorities provide, in the framework of Article 9, the results of their own risk assessment performed according to Article 4(2) and to paragraph 3 leading to a different risk level, it shall be considered as a ‘very high’ risk level fishing vessel.

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Article 6

Risk management strategy

1. On the basis of its risk assessment, each Member State concerned shall define a risk management strategy focused on ensuring compliance. Such strategy shall encompass the identification, description and allocation of appropriate cost-effective control instruments and inspection means, in relation to the nature and the estimated level of each risk, and the achievement of target benchmarks.

2. The risk management strategy referred to in paragraph 1 shall be coordinated at regional level through a joint deployment plan as defined in Article 2(c) of Regulation (EC) No 768/2005.

Article 7

Relation with joint deployment plans procedures

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1. In the framework of a joint deployment plan, where applicable, each Member State concerned shall communicate to the EFCA the results of its risk assessment carried out in accordance with Article 5(2) and, in particular, a list of estimated levels of risk with corresponding targets for inspection.

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2. Where appropriate, the risk levels and targets lists referred to in paragraph 1 shall be updated by using information collected during joint inspection and surveillance activities. The EFCA shall be informed immediately following completion of each update.

3. The EFCA shall use information received from Member States concerned to coordinate the risk management strategy at regional level, in accordance with Article 6(2).

Article 8

Target benchmarks

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1. Without prejudice to target benchmarks defined in Annex I to Regulation (EC) No 1224/2009 and in Article 9(1) of Council Regulation (EC) No 1005/2008 ( 5 ), for the stocks referred to in Article 2(1a)(c), the target benchmarks defined in Annex II shall apply for ‘high’ and ‘very high’ risk level fishing vessels and/or other operators.

2. For the fisheries referred to in Article 2(1a)(a) and (b), the target benchmarks defined in Annex II shall apply for ‘high’ and ‘very high’ risk level fishing vessels and/or other operators.

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3. By way of derogation from paragraphs 1 and 2, Member States may apply alternatively different target benchmarks, expressed in terms of improved compliance levels, provided that:

(a) a detailed analysis of the fishing activities or fishing related activities and enforcement related issues justifies the need for setting target benchmarks in the form of improved compliance levels;

(b) the benchmarks expressed in terms of improved compliance levels are notified to the Commission, and this latter does not object to them within 90 days, are not discriminatory, and do not affect objectives, priorities and risk-based procedures defined by the specific control and inspection programme.

4. All target benchmarks shall be assessed annually on the basis of the evaluation reports referred to in Article 13(1) and, where appropriate, be revised accordingly in the framework of the evaluation referred to in Article 13(4).

5. Where applicable, a joint deployment plan shall give effect to target benchmarks referred to in this Article.







CHAPTER III

IMPLEMENTATION

Article 9

Cooperation between Member States and with third countries

1. Member States concerned shall cooperate in the implementation of the specific control and inspection programme.

2. Where appropriate, all other Member States shall cooperate with the Member States concerned.

3. Member States may cooperate with the competent authorities of third countries for the implementation of the specific control and inspection programme.

Article 10

Joint inspection and surveillance activities

1. For the purpose of increasing the efficiency and effectiveness of their national fisheries control systems, Member States concerned shall undertake joint inspection and surveillance activities in waters under their jurisdiction and, where appropriate, on their territory. Where applicable, such activities shall be carried out in the framework of joint deployment plans referred to in Article 9(1) of Regulation (EC) No 768/2005.

2. For the purpose of joint inspection and surveillance activities, each Member State concerned shall:

(a) ensure that officials from other Member States concerned are invited to participate in joint inspection and surveillance activities;

(b) establish joint operational procedures applicable to their surveillance crafts;

(c) designate contact points referred to in Article 80(5) of Regulation (EC) No 1224/2009, where appropriate.

3. Officials and Union inspectors may participate in joint inspection and surveillance activities.

Article 11

Exchange of data

1. For the purpose of implementing the specific control and inspection programme, each Member State concerned shall ensure the direct electronic exchange of data referred to in Article 111 of Regulation (EC) No 1224/2009 and Annex XII to Implementing Regulation (EU) No 404/2011 with other concerned Member States and the EFCA.

2. Data referred to in paragraph 1 shall be related to fishing activities and fishing related activities carried out in the area(s) covered by the specific control and inspection programme.

Article 12

Information

1. Pending the full implementation of Title XII, Chapter III of Regulation (EC) No 1224/2009, and in accordance with the format set out in Annex III to this Decision, each Member State concerned shall communicate by electronic means to the Commission and to the EFCA, by the 31 January after each calendar year, the following information concerning the preceding year:

(a) the identification, date, and type of each control and/or inspection operation carried out during the preceding year;

(b) the identification of each fishing vessel (Union fleet register number), vehicle and/or operator (company name) subject to a control and/or inspection;

(c) where appropriate, the type of fishing gear inspected; and

(d) in case where one or several serious infringements were detected:

(i) the type(s) of serious infringement(s);

(ii) the state of play concerning the follow-up of serious infringement(s) (e.g. case under investigation, pending, under appeal); and

(iii) the sanction(s) imposed as follow-up of serious infringement(s): level of fines, value of forfeited fish and/or gear, points assigned in accordance with Article 126(1) of Implementing Regulation (EU) No 404/2011, and/or other type of sanctions.

2. Information referred to in paragraph 1 shall be communicated for each control and/or inspection and shall continue to be listed and updated in each report until the action is concluded under the laws of the Member State concerned. Where no action is taken following the detection of a serious infringement, an explanation shall be included.

Article 13

Evaluation

1. Each Member State concerned shall, by 31 March of the year following the relevant calendar year, send to the Commission and the EFCA an evaluation report concerning the effectiveness of the control and inspection activities carried out under this specific control and inspection programme.

2. The evaluation report referred to in paragraph 1 shall at least include the information listed in Annex IV. Member States concerned may also include in their evaluation report other actions such as training or information sessions designed to have an impact on compliance by fishing vessels and other operators.

3. The EFCA, for its annual assessment of the effectiveness of joint deployment plans referred to in Article 14 of Regulation (EC) No 768/2005, shall take into consideration evaluation reports referred to in paragraph 1.

4. The Commission shall convene once a year a meeting of the Committee for fisheries and aquaculture to evaluate the suitability, adequacy and effectiveness of the specific control and inspection programme and its overall impact on compliance by fishing vessels and other operators, on the basis of evaluation reports referred to in paragraph 1. Target benchmarks set out in Annex II may be reviewed accordingly.

Article 14

Entry into force

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

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ANNEX II

TARGET BENCHMARKS FOR DEMERSAL SPECIES

1. Level of inspections at sea (including aerial surveillance, where applicable)

On a yearly basis, the following target benchmarks ( 6 ) shall be reached for the inspections at sea of fishing vessels engaged in the fisheries and stocks referred to in Article 2(1a)(b) and (c), in the case that inspections at sea are relevant in relation to the step in the fishery chain and are part of the risk management strategy:







Benchmarks per year (1) Level of estimated risk for fishing vessels in accordance with Article 5(2) High very high Fishery Inspection at sea of at least 2,5 % of fishing trips by ‘high risk’ level fishing vessels targeting the fishery in question Inspection at sea of at least 5 % of fishing trips by ‘very high risk’ level fishing vessels targeting the fishery in question (1) expressed in a % of fishing trips in the area by high/very high risk fishing vessels/per year.

2. Level of inspections on land (including document-based controls and inspections in ports or at first sale)

On a yearly basis, the following target benchmarks ( 7 ) shall be reached for the inspections on land (including document-based controls and inspections in ports or at first sale) of fishing vessels and other operators engaged in the fisheries and stocks referred to in Article 2(1a)(b) and (c), in the case that inspections on land are relevant in relation to the step in the fishery/marketing chain and are part of the risk management strategy.







Benchmarks per year (1) Level of risk for fishing vessels and/or other operators (first buyer) high very high Fishery Inspection in port of at least 10 % of overall landed quantities by ‘high risk’ level fishing vessels Inspection in port of at least 15 % of overall landed quantities by ‘very high risk’ level fishing vessels (1) expressed in a % of quantities landed by high/very high risk fishing vessels/per year

Inspections made after landing or transhipment shall in particular be used as a complementary cross-checking mechanism to verify the reliability of the information recorded and reported on catches and landings.

TARGET BENCHMARKS FOR PELAGIC SPECIES

1. Level of inspections at sea (including aerial surveillance, where applicable)

On a yearly basis, the following target benchmarks ( 8 ) shall be reached for the inspections at sea of fishing vessels engaged in the fishery of herring, mackerel, horse mackerel, blue whiting, Norway pout, sprat, sand eel in the fisheries, referred to in Article 2(1a)(a), in the case that inspections at sea are relevant in relation to the step in the fishery chain and are part of the risk management strategy:







Benchmarks per year (1) Level of estimated risk for fishing vessels in accordance with Article 5(2) high very high Herring, mackerel and horse mackerel Inspection at sea of at least 5 % of fishing trips by ‘high risk’ level fishing vessels targeting the fishery in question Inspection at sea of at least 7,5 % of fishing trips by ‘very high risk’ level fishing vessels targeting the fishery in question Norway pout, sprat and sand eel Inspection at sea of at least 2,5 % of fishing trips by ‘high risk’ level fishing vessels targeting the fishery in question Inspection at sea of at least 5 % of fishing trips by ‘very high risk’ level fishing vessels targeting the fishery in question Blue whiting Inspection at sea of at least 5 % of fishing trips by ‘high risk’ level fishing vessels targeting the fishery in question Inspection at sea of at least 7,5 % of fishing trips by ‘very high risk’ level fishing vessels targeting the fishery in question (1) expressed in a % of fishing trips in the area (when fishing with gears with mesh sizes for which the species is a target species) by high/very high risk fishing vessels/per year.

2. Level of inspections on land (including document-based controls and inspections in ports or at first sale)

On a yearly basis, the following target benchmarks ( 9 ) shall be reached for the inspections on land (including document-based controls and inspections in ports or at first sale) of fishing vessels and other operators engaged in the fishery of herring, mackerel, horse mackerel, blue whiting, Norway pout, sprat, sand eel in the fisheries, referred to in Article 2(1a)(a), in the case that inspections on land are relevant in relation to the step in the fishery/marketing chain and are part of the risk management strategy.







Benchmarks per year (1) Level of risk for fishing vessels and/or other operators (first buyer) high very high Herring, mackerel and horse mackerel Inspection in port of at least 5 % of overall landed quantities by ‘high risk’ level fishing vessels Inspection in port of at least 7,5 % of overall landed quantities by ‘very high risk’ level fishing vessels Norway pout, sprat and sand eel Inspection in port of at least 2,5 % of overall landed quantities by ‘high risk’ level fishing vessels Inspection in port of at least 5 % of overall landed quantities by ‘very high risk’ level fishing vessels Blue whiting Inspection in port of at least 5 % of overall landed quantities by ‘high risk’ level fishing vessels Inspection in port of at least 7,5 % of overall landed quantities by ‘very high risk’ level fishing vessels (1) expressed in a % of quantities landed by high/very high risk fishing vessels/per year

Inspections made after landing or transhipment shall in particular be used as a complementary cross-checking mechanism to verify the reliability of the information recorded and reported on catches and landings.

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ANNEX III

PERIODICAL INFORMATION ON THE IMPLEMENTATION OF THE SPECIFIC CONTROL AND INSPECTION PROGRAMME

Format for the communication of the information to be provided according to Article 12 for each inspection to be included in the report:







Element name Code Description and content Identification of inspection II ISO alpha2 country code + 9 digits, e.g. DK201200000 Date of inspection DA YYYY-MM-DD Type of inspection or control IT Sea, shore, transport, document (to be indicated) Identification of each fishing vessel, vehicle or operator ID Union fleet register number of the fishing vessel, vehicle identification, and/or company name of the operator Fishing gear type GE Gear code based on FAO’s International Standard Statistical Classification of the Fishing Gear Serious infringement SI Y = yes, N = no Type of serious infringement detected TS Indicate type of serious infringement detected, in reference to the number (left column) in Annex XXX to Implementing Regulation (EU) No 404/2011. In addition, the serious infringements referred to in Article 90(1)(a), (b) and (c) of the Control Regulation shall be respectively identified by the numbers ‘13’, ‘14’ and ‘15’. State of play follow up FU Indicate state of play: PENDING, APPEAL or CLOSED Fine SF Fine in EUR, e.g. 500 Confiscation SC CATCH/GEAR for physical confiscation. Amount confiscated in case of value of catch/gear in EUR, e.g. 10 000 . Other SO In case of withdrawal of license/authorisation, indicate LI or AU + number of days, e.g. AU30 Points SP Number of points assigned, e.g. 12 Remarks RM In case of no action taken following detection of a serious infringement, explanation why in free text

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ANNEX IV

CONTENT OF THE EVALUATION REPORT

I. Data on the control, inspection and enforcement activities carried out by [Member State concerned] at sea and on land







Table 1 Analysis of inspection activities at sea Patrol days No of inspections (total/very high/high risk) No of confirmed serious infringements detected (total/very high/high risk) Serious infringement rate average (confirmed infringements/inspections) Serious infringement rate on low and medium risk vessels (infringements/inspections) Serious infringement rate on high and very high risk vessels (infringements/inspections) Provided Committed 30 (*) 30 100/70/30 4/3/1 4:100 = 4 % 3:70 = 4,3 % 1/30 = 3,3 %







Table 2 Analysis of inspection activities on land Inspection men/days on land No of inspections (total/very high/high risk) No of confirmed serious infringements detected (total/very high/high risk) Serious infringement rate average (confirmed infringements/inspections) Serious infringement rate on low and medium risk vessels (infringements/inspections) Serious infringement rate on high and very high risk vessels (infringements/inspections) Provided Committed 200 (1) 200 400/350/50 40/30/10 40:400 = 10 % 30:350 = 8,6 % 10:50 = 20 % (1) 2nd row in Tables 1 and 2 give an example aiming to facilitate completing the table.

II. Analysis of target benchmarks expressed in terms of improved compliance levels

If the Member State applies alternative target benchmarks, referred to in Article 8(3) of this Decision, the following information shall be reported:







Table 3 Achievement of improved compliance levels. Description of the activity threat/risk/vessel segment Very high risk/high risk/medium risk/low risk/very low risk — Level of the threat/risk at the beginning of the year, expressed in compliance level — Target improvement of the compliance level — Level of the threat/risk at the end of the year, expressed in compliance level — No of inspections — No of serious infringements detected — ex post analysis, explanation in case the target compliance level has not been reached

III. Analysis of other inspection and control activities: transhipment, aerial surveillance, importation/exportation, as well as other actions such as training or information sessions designed to have an impact on compliance by fishing vessels and other operators

IV. Proposal(s) for improving effectiveness of control, inspection and enforcement activities (for each Member State concerned)