COMMISSION IMPLEMENTING DECISION (EU) 2020/1320

of 22 September 2020

amending Implementing Decision (EU) 2018/1986 establishing specific control and inspection programmes for certain fisheries

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 Union 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 95 thereof,

Having regard to Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency (2), and in particular Article 17(1) thereof,

Whereas:

(1) Regulation (EC) No 1224/2009 establishes rules for the control of all activities covered by the common fisheries policy carried out on the territory of Member States or in Union waters or by Union fishing vessels or, without prejudice to the primary responsibility of the flag Member State, by nationals of Member States.

(2) In accordance with Article 95 of that Regulation, Commission Implementing Decision (EU) 2018/1986 (3) provides for specific control and inspection programmes for specific fisheries and sea basins.

(3) In order to reflect recently adopted Union fisheries conservation and management measures (4), and recommendations (5) of the General Fisheries Commission for the Mediterranean (GFCM), the scope of Implementing Decision (EU) 2018/1986 establishing specific control and inspection programmes for certain fisheries for the Mediterranean Sea and the Black Sea, should be extended to fisheries exploiting European hake, deep-water rose shrimp, blue and red shrimp, giant red shrimp, Norway lobster, red mullet, blackspot seabream, common sole, red coral, dolphinfish and sprat. For reasons of clarity, it is appropriate to provide for a definition of Ionian Sea, Levant Sea and Alboran Sea.

(4) Joint inspection and surveillance activities between the Member States concerned are carried out, where applicable, in accordance with joint deployment plans established by the European Fisheries Control Agency according to Articles 9 and 10 of Regulation (EU) 2019/473. In order for the Commission to perform its obligations under Regulation (EC) No 1224/2009, and according to Article 17(1) of Regulation (EU) 2019/473 the Commission should have access to information exchanged in the frame of the joint inspection and surveillance activities.

(5) Implementing Decision (EU) 2018/1986 should therefore be amended accordingly.

(6) The measures provided for in this Decision are in accordance with the opinion of the Committee for fisheries and aquaculture,

HAS ADOPTED THIS DECISION:

Article 1 Article 10 of Implementing Decision (EU) 2018/1986 is amended as follows: (1) in paragraph 1, the first subparagraph is replaced by the following: ‘1. For the purpose of implementing the specific control and inspection programmes, each Member State concerned shall ensure the electronic exchange with other Member States concerned and EFCA of data related to fishing activities and fishing related activities covered by the specific control and inspection programmes. The Commission shall have access to the data exchanged pursuant to this subparagraph.’; (2) paragraph 2 is replaced by the following: ‘2. Data exchanged pursuant to paragraph 1 may include personal data. EFCA, the Commission and Member States may process personal data to which they have access pursuant to paragraph 1 for the purposes of complying with their tasks and obligations under the specific control and inspection programmes. EFCA, the Commission and Member States shall take, in accordance with Article 5 of Regulation (EU) 2016/679 and Article 4 of Regulation (EU) 2018/1725, measures to ensure appropriate protection of personal data.’; (3) paragraph 6 is replaced by the following: ‘6. EFCA, the Commission and the Member State authorities shall ensure the security of the processing of personal data that takes place pursuant to this Decision. EFCA and the Member State authorities shall cooperate on security-related tasks.’; (4) paragraph 7 is replaced by the following: ‘7. EFCA, the Commission and Member States shall take measures to ensure appropriate protection of the confidentiality of the information received pursuant to this Decision in accordance with Article 113 of Regulation (EC) No 1224/2009.’.

Article 2 Annexes I and II to Implementing Decision (EU) 2018/1986 are replaced by the text in the Annex to this Decision.

Article 3 This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 22 September 2020. For the Commission Virginijus SINKEVIČIUS Member of the Commission

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

(2) OJ L 83, 25.3.2019, p. 18.

(3) Commission Implementing Decision (EU) 2018/1986 of 13 December 2018 establishing specific control and inspection programmes for certain fisheries and repealing Implementing Decisions 2012/807/EU, 2013/328/EU, 2013/305/EU and 2014/156/EU (OJ L 317, 14.12.2018, p. 29).

(4) Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014 (OJ L 172, 26.6.2019, p. 1).

(5) Recommendation GFCM/43/2019/2 on a multiannual management plan for sustainable exploitation blackspot seabream in the Alboran Sea (geographical subareas 1 to 3), Recommendation GFCM/43/2019/5 on a multiannual management plan for sustainable demersal fisheries in the Adriatic Sea (geographical subareas 17 and 18), Recommendation GFCM/43/2019/6 on management measures for sustainable trawl fisheries targeting giant red shrimp and blue and red shrimp in the Strait of Sicily (geographical subareas 12, 13, 14, 15 and 16), Recommendation GFCM/43/2019/4 on a management plan for the sustainable exploitation of red coral in the Mediterranean Sea and Recommendation GFCM/43/2019/1 on a set of management measures for the use of anchored fish aggregating devices in common dolphinfish fisheries in the Mediterranean Sea.