COMMISSION IMPLEMENTING DECISION (EU) 2021/1138

of 7 July 2021

approving national plans and amendments thereto, as regards Bulgaria and Romania, for the implementation of the validation systems in accordance with Council Regulation (EC) No 1224/2009

(notified under document C(2021) 5158)

(Only the Bulgarian and Romanian texts are authentic)

THE EUROPEAN COMMISSION,

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

Having regard to 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 (1), and in particular Article 109(8) thereof,

Having regard to the submission of national plans for the implementation of the validation systems by Bulgaria and Romania,

Whereas:

(1) Pursuant to Article 109(8) of Regulation (EC) No 1224/2009 Member States are to establish national plans for the implementation of the validation system for data recorded in accordance with that Regulation, which allow Member States to make priorities for the validation and cross-checks and subsequent follow-up on inconsistencies based on risk management. Amendments to those plans are to be submitted to the Commission for approval.

(2) On 28 October 2020, Bulgaria submitted for approval to the Commission amendments to its existing national plan, that had been approved by Commission Implementing Decision 2013/82/EU (2). Those amendments comply with the conditions laid down in Article 109 of Regulation (EC) No 1224/2009 and in Articles 143 to 145 of Commission Implementing Regulation (EU) No 404/2011 (3). They should therefore be approved.

(3) On 9 December 2020, Romania submitted its national plan to the Commission for approval. That plan is in accordance with conditions laid down in Article 109 of Regulation (EC) No 1224/2009 and with Articles 143 to 145 of Commission Implementing Regulation (EU) No 404/2011. It should therefore be approved.

(4) This Decision constitutes the approval decision within the meaning of Article 109(8) of Regulation (EC) No 1224/2009.

(5) The Commission will monitor the application of the national plans with respect to their effective operation and the capacity of the plan to ensure that data reported to the Commission according to Article 33 of Regulation (EC) No 1224/2009 are complete, accurate and reported within legal deadlines. If, on the basis of the findings of the verifications, inspections and audits carried out by the Commission within the framework of Title X of Regulation (EC) No 1224/2009, amendments to the national validation plans are deemed necessary, the Member States should amend their plan accordingly,

HAS ADOPTED THIS DECISION:

Article 1 The amendments to the national plan for the implementation of the validation system submitted on 28 October 2020 by Bulgaria, in accordance with Article 109(8) of Regulation (EC) No 1224/2009, are approved.

Article 2 The national plan for the implementation of the validation system submitted on 9 December 2020 by Romania, in accordance with Article 109(8) of Regulation (EC) No 1224/2009, is approved.

Article 3 If, on the basis of the findings of the verifications, inspections and audits carried out within the framework of Title X of Regulation (EC) No 1224/2009, the Commission considers that the validation plans approved in accordance with Articles 1 and 2 do not ensure effective implementation by Member States of the obligations laid down in Article 109 of Regulation (EC) No 1224/2009, it may, after having consulted the Member States concerned, request the amendment of the plans. Member States shall amend their validation plan in accordance with such request.

Article 4 This Decision is addressed to the Republic of Bulgaria and to Romania.

Done at Brussels, 7 July 2021. For the Commission Virginijus SINKEVIČIUS Member of the Commission

(1) OJ L 343, 22.12.2009, p. 1.

(2) Commission Implementing Decision 2013/82/EU of 13 February 2013 on the approval by the Commission of national plans for the implementation of the validation systems in accordance with Article 109(8) of Council Regulation (EC) No 1224/2009 (OJ L 44, 15.2.2013, p. 18).

(3) 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).