Cases of non-compliance Range of flat rates

Category 1: Failure to ensure that fishing opportunities allocated to the Member States pursuant to Articles 16-17 of Regulation (EU) No 1380/2013 are respected

1.1 Failure to respect rules on fishing licence and authorisation 10-50 %

1.2 Failure to monitor the use of fishing opportunities, in particular, by not recording all data registered in the fishing logbook, transhipment declarations, landing declarations, sales notes, or take-over declarations and/or failure to monitor the fishing effort, and by not ensuring that these data are accurate, complete and timely submitted. 10-50 %

1.3 Failure to notify the Commission with the aggregated data on catches landed and fishing effort. 10-50 %

1.4 Failure to close fisheries when quotas, including under sustainable fisheries partnership agreements (SFPAs) and regional fisheries management organisations (RFMOs), and/or fishing effort have been exhausted 10-50 %

Category 2: Failure to respect conservation measures and/or protect sensitive species and habitats for the purpose of achieving environmentally sustainable fishing and aquaculture activities in the long-term as set out in Article 2 of Regulation (EU) No 1380/2013

2.1 Failure to ensure detailed and accurate documentation of all fishing trips and adequate capacity and means in order to monitor compliance with the landing obligation in accordance with the principle of efficiency and proportionality 10-50 %

2.2 Failure to implement the prohibition of catches, retention on board, transhipment or landing of fish or shellfish species referred to in Annex IV to Directive 92/43/EEC (except when derogations are granted under Article 16 of that Directive). 10-50 %

2.3 Failure to implement the prohibition of catches, retention on board, transhipment or landing of marine mammals or marine reptiles referred to in Annexes II and IV to Directive 92/43/EEC and of species of seabirds covered by Directive 2009/147/EC. 10-50 %

2.4 Failure to collect scientific data on incidental catches of sensitive species and certain species of seabirds. 10-50 %

2.5 Where relevant in accordance with the best available scientific advice, failure to monitor and assess the effectiveness of mitigation measures implemented. 10-50 %

2.6 Failure to prohibit the deployment of fishing gears specified in Annex II to Regulation (EU) 2019/1241 on Technical Measures in order to protect sensitive habitats. 10-50 %

2.7 Failure to respect rules on scientific research. 10-50 %

2.8 Failure to establish and implement eel management plans. 2-25 %

2.9 Failure to respect conservation measures on eels (reduction of fishing effort where applicable and reaching of targets). 2-25 %

2.10 Failure to report to the Commission on the monitoring, effectiveness and outcome of conservation measures on eels. 2-25 %

2.11 Failure to submit to the Commission an annual report on the implementation of the rules on shark finning. 2-25 %

Category 3: Failure to conduct external fisheries relations in accordance with international obligations and policy objectives and principles as set out in Article 28 of Regulation (EU) No 1380/2013

3.1 Failure to ensure that Union fishing vessels flying the Member State’s flag and operating outside Union waters are in a position to provide detailed and accurate documentation of all fishing and processing activities. 10-50 %

3.2 Failure to ensure that Union fishing vessels outside Union waters are authorized in line with the relevant provisions of the Sustainable Management of External Fishing Fleet Regulation (EU) 2017/2403. 10-50 %

Category 4: Failure to ensure that the fleet fishing capacity is in balance with the natural resources as required by Article 22 of Regulation (EU) No 1380/2013

4.1 Failure to put in place measures to adjust the fleet fishing capacity to fishing opportunities taking into account trends and best scientific advice with the objective of achieving a stable and enduring balance between them. 10-50 %

4.2 Failure to draw up separate assessments for fleets in the outermost regions and for vessels operating exclusively outside Union waters. 10-50 %

4.3 Failure to ensure that any exit from the fleet supported by public aid is preceded by the withdrawal of the respective fishing licence and authorisations and that the withdrawn capacity is not replaced. 10-50 %

4.4 Failure to ensure the respect of the fishing capacity ceiling set out in Annex II to the CFP Regulation (EU) No 1380/2013. 10-50 %

4.5 Failure to implement the entry/exit scheme in such a way that the entry into the fleet of new capacity without public aid is compensated for by the prior withdrawal of capacity without public aid of at least the same amount. 10-50 %

4.6 Failure to submit to the Commission the information to be recorded in the Union fleet register as set out in Article 24(1) of the CFP Regulation (EU) No 1380/2013 and in the Commission Implementing Regulation on the Union fishing fleet register. 10-50 %

4.7 Failure to control and monitor fishing capacity and engine power of fishing vessels. 10-50 %

Category 5: Failure to contribute to the objective of the CFP to collect scientific data as set out in Article 2(4) of Regulation (EU) No 1380/2013

5.1 Failure to collect and manage biological, environmental, technical and socio-economic data. 10-50 %

5.2 Failure to coordinate data collection activities with other Member States in the same region. 2-25 %

5.3 Failure to ensure proper implementation of national correspondents’ tasks. 2-5 %

5.4 Failure to submit annually a report on the implementation of national work plans for data collection in the fisheries and aquaculture sectors. 2-10 %

5.5 Failure to comply with rules on use of data. 2-25 %

Category 6: Failure to operate an effective control system in order to ensure compliance with the CFP rules as required by Article 36(3) of Regulation (EU) No 1380/2013

6.1 Failure to control the activities carried out by any natural or legal person within the scope of the common fisheries policy on their territory and fishing waters under their sovereignty or jurisdiction. 10-50 %

6.2 Failure to control access to waters and resources and activities outside Union waters carried out by Union fishing vessels flying their flag. 10-50 %

6.3 Failure to adopt appropriate measures and allocate adequate financial, human and technical resources for control, inspection and enforcement. 10-50 %

6.4 Failure to ensure that control, inspection and enforcement are carried out in a non-discriminatory basis as regards sectors, vessels or persons and on the basis of risk management. 10-50 %

6.5 Failure to ensure compliance with rules concerning National Control Action Programmes, and control and inspection programmes established by the Commission. 10-50 %

6.6 Failure to ensure compliance with rules for marketing, traceability, first sale and weighing of fishery and aquaculture products. 10-50 %

6.7 Failure to implement the measures decided by the Commission to ensure compliance by Member States with CFP objectives concerning action plans established following verifications or autonomous inspections, including closure of fisheries, verification, autonomous inspection and audit reports, deduction and transfers of quotas, fishing effort and emergency measures. 10-50 %

6.8 Failure to meet the requirements as regards analysis, validation, access, exchange of data and information. 2-25 %

Category 7: Failure to operate an effective inspection and enforcement system as required by Article 36(3) of Regulation (EU) No 1380/2013

7.1 Failure to carry out effective surveillance and inspections. 10-50 %

7.2 Failure to cooperate with the Commission in order to facilitate the accomplishment of the Commission officials’ tasks during their missions of verification, autonomous inspections and audits. 2-50 %

7.3 Failure to establish the criteria to determine the gravity of the infringement to the CFP rules. 10-50 %

7.4 Failure to ensure the systematic adoption of appropriate measures and of effective, proportionate and dissuasive sanctions and accompanying sanctions for breaches of CFP rules. 10-50 %

7.5 Failure to apply the point system for serious infringements for holders of fishing licenses as well as for masters. 10-50 %

7.6 Failure to manage the national register of infringements. 10-50 %

Category 8: Failure to act against illegal, unreported and unregulated (IUU) fishing as provided for by Article 36(1) of Regulation (EU) No 1380/2013

8.1 Failure to take measures to ensure that IUU fishing is prevented, deterred and eliminated in accordance with Regulation (EC) No 1005/2008 5-50 %

8.2 Failure to carry out verifications related to the catch certification scheme 10-50 %

8.3 Failure to respect rules related to Approved Economic Operators (AEOPs) 10-50 %

Category 9: Failure to respect rules on a common organisation of the markets in fisheries and aquaculture products established in order to contribute to the achievement of the objectives of the CFP as set out in Article 35(1) of Regulation (EU) No 1380/2013

9.1 Failure to comply with criteria for the recognition of producers organisations and inter-branch organisations 10-50 %