EUROPEAN COMMISSION Brussels, 30.5.2018 COM(2018) 368 final 2018/0193(COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1224/2009, and amending Council Regulations (EC) No 768/2005, (EC) No 1967/2006, (EC) No 1005/2008, and Regulation (EU) No 2016/1139 of the European Parliament and of the Council as regards fisheries control {SEC(2018) 267 final}

{SWD(2018) 279 final}

{SWD(2018) 280 final}



EXPLANATORY MEMORANDUM 1.CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The Common Fishery Policy (CFP) objectives are to ensure that fishing and aquaculture activities are environmentally sustainable in the long term and are managed in a way that is consistent to achieve economic, social and employment benefits. Its success depends very much on the implementation of an effective control and enforcement system. The measures establishing a Union Fisheries Control System (FCS) for ensuring compliance with rules of the CFP are provided for in four different legal acts: 1) the Fisheries Control Regulation; 2) the Regulation establishing a European Fisheries Control Agency (EFCA); 3) the Regulation establishing a system to combat illegal, unreported and unregulated fishing (IUU Regulation); and 4) the Regulation on the sustainable management of the external fishing fleets (SMEF). The proposal aims at revising the FCS, with the exception of the SMEF Regulation, which was recently revised. With the exception of the SMEF regulation, which was recently revised, the current Union Fisheries Control System (FCS) was designed prior to the reformed Common Fisheries Policy (CFP) and as such it is not fully coherent with it. In addition, the system reflects control strategies, methodologies and challenges of more than 10 years ago, and it is not equipped to effectively address current and future needs in terms of fisheries data and fleet control, to match the constant evolution of fishing practices and techniques and to take advantage of modern and more cost-effective control technologies and data exchange systems. The current system also does not reflect new and modern Union policies recently adopted, such as the plastic strategy, the digital single market strategy, and the international ocean governance. A recent Commission REFIT evaluation,, a special report of the European Court of Auditors and a Resolution by the European Parliament have all shown that the FCS has deficiencies and is overall not fit for purpose. Several discussions and exchanges of view have taken place in the Council, in the Parliament, in the Administrative Board of the European Fisheries Control Agency (EFCA), with Member States and with stakeholders since the publication of all these documents. Those discussions confirmed that there is unanimous agreement among the European Institutions and among direct stakeholders that the Fisheries Control System is not effective and efficient and that, as such, it is not entirely fit for purpose to sustain the achievements of the CFP objectives. Furthermore, shortcomings in the current regulatory framework were also identified by the REFIT Platform in June 2017 in its opinion on the submission by the Finnish Government Stakeholder survey on the control of EU fisheries. The specific objectives of the proposal are to: 1) Bridge the gaps with the CFP and with other EU policies; 2) Simplify the legislative framework and reduce unnecessary administrative burden; 3) Improve availability, reliability and completeness of fisheries data and information, in particular of catch data, and allow exchange and sharing of information; and 4) Remove obstacles that hinder the development of a culture of compliance and the equitable treatment of operators within and across Member States. The proposal is one of the legislative initiatives under REFIT foreseen for adoption in 2018. Consistency with existing policy provisions in the policy area The proposal is consistent with the overall legal framework established by the reformed CFP and it aims at bridging current gaps with it, mainly relating to the effective control of the landing obligation and to control of the fishing capacity. In addition, the proposal is also consistent with the Common Organisation of the Market commonly referred to as "CMO", insofar as it lays down a series of provisions for controls in the supply chain, including traceability provisions that are essential for fulfilling consumer information requirements. Finally, the proposal aims at implementing commitments recently taken by the Commission concerning in particular the fight against illegal fishing in the Joint Communication on Ocean Governance. Consistency with other Union policies The proposal not only maintains consistency with other Union policies, but also enhances the synergies with them, by supporting the implementation of: 1) the European Strategy for Plastics in a Circular Economy, as far as fishing gears are concerned; 2) the Digital Single Market strategy, through the promotion of digital solutions and interoperable systems; and 3) the stronger and renewed strategic partnership with the EU's outermost regions, through reinforced control measures. Furthermore, the proposal aims at improving synergies with the food and feed law, through better alignment of definitions, and with the environmental legislation (Habitat Directive), insofar as it empower Member States to effectively control fishing activities in fisheries restricted areas. 2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY Legal basis The proposal is based on Article 43(2) of the TFEU on establishing provisions necessary for the pursuit of the objectives of the CFP, which is an area of exclusive EU competence pursuant to Article 3(d) of the Treaty. Subsidiarity (for non-exclusive competence) N.A. Proportionality

The proposal provides for targeted changes not going beyond what is necessary to achieve the set objectives. Section 7.4.2 of the Impact Assessment accompanying the proposal discusses the proportionality of the policy choices of the proposal. Choice of the instrument Proposed instrument: amendment of current Regulations. 3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS Ex-post evaluations/fitness checks of existing legislation A comprehensive evaluation of the implementation of the Control Regulation and its impacts on the CFP, covering the period 2010-2016, was carried out as part of the REFIT exercise and its results published in the Report from the Commission to the European Parliament and the Council and the accompany Staff Working Document 'REFIT Evaluation of the impact of the fisheries regulation'. The evaluation confirmed that the Control Regulation is highly relevant for ensuring compliance with the CFP. The text adopted in 2009 tackled the main shortcomings of the previous system, contributing to step up the overall level of compliance with the CFP, to improve communication, exchange and data sharing among the various stakeholders, to generally improve the quality and quantity of fisheries data, and to foster the level playing field among operators. The evaluation however also showed that more needs to be done and that the current legislative framework is not entirely fit for purpose, thereby prompting its revision: ·Enforcement rules not deterrent enough; ·Inadequate provisions for fisheries data; ·Complexity of the legislative framework and ambiguity of legal provisions; ·Lack of measures to control new provisions of the reformed CFP and lack of synergies with other policies. Stakeholder consultations An extensive public consultation was conducted in the framework of the REFIT evaluation in 2016. The results are published on the Europa webpage. Additional targeted consultations were later carried out with the aim to (i) agree on the problems identified by the European Commission in the REFIT evaluation; (ii) agree on the need for action; and (iii) collect inputs and receive feedback from as many stakeholders as possible on the forward-looking elements of the inception impact assessment and on the specific proposed actions proposed by the Commission to address the issues identified. The consultations involved Member States competent authorities, Advisory Councils, EU and national organisations and associations, environmental NGOs, the European Fisheries Control Agency (EFCA) and its Administrative Board, the European Maritime Safety Agency (EMSA), FRONTEX (sea border control). Discussions were held in several different fora to ensure a broad and exhaustive coverage of all relevant stakeholders, including the Council Working Party on Internal and External Fisheries Policy, and the PECH Committee of the European Parliament. There was a common agreement among stakeholders on the need to revise the EU fisheries control system. Contributions and feedbacks received highlighted deficiencies in the implementation of the Fisheries Control Regulation, as well as in some of its provisions. Stakeholders generally supported the Commission in tackling the following major issues: alignment to the CFP, discrepancies between Member States' application of the rules, complexity of the legislative framework and lack of clarity of some provisions regarding the sanctioning system, availability, quality and sharing of data, the control of small vessels and of the landing obligation, as well as need to improve synergies with other legislations, in particular the IUU regulation, environment law and food law. Contributions also highlighted issues such as simplification, regionalisation, level playing field and the need for cost-effective solutions. Simplification and legal clarification of the current control rules were strongly encouraged by stakeholders, although certain exemptions from the main rules are deemed as sometimes necessary. Regionalisation was seen as an important concept by some stakeholders, while it was considered as a concept not in line with the spirit and the objectives of a Union control policy by several others. The need to create a level playing field among fishery operators and Member States across the EU was considered critical by all stakeholders. Lastly, stakeholders indicated that, whenever possible, reduction of administrative burden and cost-efficiency should be guiding principles of the revision process. Regarding the proposed policy options, the vast majority of stakeholders strongly supported or had a preference towards targeted amendment of the Fisheries Control System, including the Fisheries Control Regulation, the IUU Regulation and the EFCA founding Regulation. Annex 2 of the Impact Assessment provides a summary of the conclusions from all these consultations, while Annex 10 a list of written contributions received from stakeholders. The original written contributions sent by stakeholders and the minutes of the above mentioned workshops and seminars are published on the European Commission website. Collection and use of expertise The legal proposal and the impact assessment are based on a vast body of material and studies, as referenced in Annex 1 of the Impact Assessment.

External expertise was also used as support for the Impact Assessment for assessing the impacts of the policy options proposed and their comparison. The external study was conducted in autumn 2017 to assess the environmental, economic, social impacts of the policy options, changes in administrative burden, and simplification benefits and to compare the various options in terms of efficiency, effectiveness, coherence, with the recommendations of relevant Institutions. Impact assessment Three policy options were analysed through the Impact Assessment process: (1) Baseline, i.e. no policy change but full enforcement of current rules; (2) Option 1: targeted amendments of the Fisheries Control Regulation; (3) Option 2: targeted amendments of the Fisheries Control System (in particular Regulations on: Fisheries Control, Illegal, Unreported and Unregulated Fishing and European Fisheries Control Agency). Option 2 showed markedly better performance overall compared to the other options and was selected as the preferred one. Positive environmental impacts of the preferred option would encompass: reduction of overfishing, elimination of discards at sea, healthier fish stocks and proper control of marine protected areas. Main socio-economic benefits include: increased wages and competitiveness of fishing industry, especially for the small fleet; promotion of job creation (especially in ICT); improved compliance with the CFP and equal treatment of fishers. The costs would be ‘proportionate’ to the benefits achieved (especially considering cost savings) and cost-effective, with considerable benefits outweighing the relatively modest changes in costs. Member States authorities would also benefit from cost savings (157 M€ over a five years, compared to the baseline scenario) through simplification and interoperability. No negative social or environmental impacts are expected as a result of the preferred option. The impact assessment was submitted to the Regulatory Scrutiny Board on 8 January 2018 for quality review. The Board analysed the draft report and issued a positive Opinion accompanied with its recommendations for improvement on 9 February 2018. An overview of the Board's recommendations and the changes made compared to the earlier draft is provided in Annex 1 to the Impact Assessment. Regulatory fitness and simplification The actions and amendments foreseen under the preferred Option would strongly support the reduction in unnecessary administrative burden for the public authorities and, considering that most of the new costs are associated with ICT development and one-off investments, also in the long term for the whole EU. The preferred Option is expected to simplify and drastically reduce the administrative burden of the current system, with cost savings estimated at 157 M € over 5 years compared to the baseline. It should be noted that while some of the savings could be monetised, some others have been identified but it was not possible to quantify them. Any additional burden for small operators (small-scale fishermen) will be avoided by the introduction of easy and cost-effective reporting systems for fishery data, taking advantage of affordable and widely available mobile phones technologies. Furthermore, the introduction of new ICT will boost innovation and provide new avenues for job creation for SMEs and starts-up. Fundamental rights The proposal has no consequences for the protection of fundamental rights. The proposal clarifies the access to data and the purposes for processing of personal data. Processing of personal data will be performed in way that the obligations on personal data protection laid down in Regulation (EU) 2016/679 and the regulation replacing Regulation (EC) No 45/2001 of the European Parliament and of the Council are respected. 4.BUDGETARY IMPLICATIONS There is no impact on commitment appropriations since no modification is proposed to the maximum amounts of European Structural and Investment Funds financing provided for in the operational programmes for the programming period 2014-2020. 5.OTHER ELEMENTS Implementation plans and monitoring, evaluation and reporting arrangements The current Fisheries Control Regulation already provides that the Commission shall assess its implementation every 5 years, based on reports submitted by Member States. This rule will be maintained. A detailed explanation of how actual impacts will be monitored and evaluated is provided in section 9 of the impact assessment. Explanatory documents (for directives) Not applicable.

Detailed explanation of the specific provisions of the proposal The proposal is structured as follows: Article 1: Amendments to Regulation (EC) No 1224/2009 Article 2: Amendments to Regulation (EC) No 768/2005 Article 3: Amendments to Regulation (EC) No 1967/2006 Article 4: Amendments to Regulation (EC) No 1005/2008 Article 5: Amendments to Regulation (EU) No 2016/1139 The amendments can be summarized as follows, by main topic, subtopics, Articles concerned and specific provisions of the proposal: Amendments to Council Regulation (EC) No 1224/2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy TOPIC 1: ENFORCEMENT Subtopic Articles Specific provisions of the proposal Inspection and surveillance Amended: 73, 74, 75, 76, 77, 78, 79, 80 Clarification of the inspection process, inspectors' duties, and masters' and operators' duties during inspections. Digitisation of inspection reports through the mandatory use of an Electronic Inspection Report System which will allow a better use and exchange of data between relevant authorities and Member States. Clarification on control observers role and duties. Sanctions New: 89a, 91a, 91b, 92a, 92b, Annexes III and IV Amended: 82, 85, 90, 91, 92 New definitions for the purpose of clarification and improvement of the “enforcement chapter”. New list of infringements of the CFP rules, which should be qualified as serious by nature (without applying any criteria). New detailed and exhaustive list of criteria to qualify as serious certain other infringements of the CFP rules. This will favour level playing while ensuring proportionality. Introduction of mandatory administrative sanctions and minimum levels of fines for serious infringements of CFP rules, in order to render the sanctioning system more deterrent and effective in all Member States and ensure a level playing field. Clarify immediate enforcement measures (or preventive measures) to be taken by Member States in case of serious infringements. Clarify that points should be assigned to both the fishing licence holder and the master in the case these entities are different. Clarify that the proceedings and assignment of points in case of serious infringement can be done by the costal Member State but have to be systematically enforced by the flag Member State. Clarify that points systematically apply in addition to the main sanction(s) in case of serious infringements (with few derogations when the infringement is not committed by a fishing licence holder or a master, e.g. recreational fisheries); Enable Member States to better use and exchange data on infringements and sanctions. TOPIC 2: DATA AVAILABILITY, QUALITY AND SHARING Subtopic Articles Specific provisions of the proposal Vessel's tracking Amended:4, 9, 10, 12 New: 9a Flexibility is introduced as regards the specifications of a vessels tracking system (not necessary satellite-based) Clarification is provided as regards the vessel monitoring centres. All vessels including those below 12 metres' length must have a tracking system. Relevant data shall be made available to Agencies engaged in surveillance operations. Logbook Amended:14 The exemption from reporting in logbooks of catches of less than 50 kg is removed for all categories of vessels. The rules for the so-called 'margin of tolerance' are clarified and tailored to specific situations/fisheries. The content of the logbook is aligned to the new provision on traceability (use of the unique fishing trip identifier) and is amended to increase the quality of recorded data. Vessels below 12 metres Amended:9, 14, 15 New: 15a Current derogations are removed and only two categories of fishing vessels are defined: > 12 m and < 12 m. All fishing vessels < 12 m must report their catches electronically. Transhipment declaration and landing declarations Amended: 20, 21, 22, 23, 24 Deleted: 16, 25, 28 All data are recorded in a digital way and submitted electronically. The content of documents is aligned to the new provision on traceability (use of the unique fishing trip identifier) and is amended to increase the quality of recorded data. Current derogations on the landing declaration are removed. Authorisation for transhipments outside EU waters or in port of third countries by the flag Member State is required. Prior notification Amended: 17, 19 Deleted: 18 New: 19a Prior notifications are extended to all vessels >12 m and no longer limited to stocks under multiannual plans. Prior notification for Union fishing vessels landing in third country ports is required. Control of recreational fisheries Amended: 4, 55 Member States are required to have a system to control participants in recreational fisheries (registration or licensing) and to collect information of catches. For species which are subject to Union conservation measures applicable to recreational fisheries, catch declarations must be sent to the competent authorities and a registration or licensing system for vessels must be set. The prohibition to sell catches is maintained and current derogations in the Mediterranean are removed (see amendments to Regulation (EC) No 1967/2006). Conditions are set to lay down specific provisions on the control and marking of fishing gears applicable to recreational fisheries, on the vessel's tracking, on registration or licencing systems and on catch recording. Recreational fisheries activities organised by commercial enterprises are covered. Traceability Amended: 4, 56, 57, 58 New: 56a The provisions on traceability are clarified and a new Article on lots is introduced. The traceability information is clarified, so that it allows linking a specific lot of fishery products to a particular landing by an EU fishing vessel. Information is recorded electronically so that controls in the supply chain within the internal market are more effective and efficient. The derogation for imported products is removed. The scope of application of the traceability provision is limited to certain fishery and aquaculture products). The derogation for products sold to consumers is aligned to other provisions in the Regulation (maximum of 5 kg of fishery products per day instead of 50 euros). Weighing, transport and sales procedures and data Amended: 59, 60, 62, 64, 65, 66, 68 New: 59a, 60a Deleted: 61, 63, 67 The current exemptions that undermine the accurate weighing and registration of landed fish are streamlined. A simple and effective system to guarantee accurate weighing at landing is established through the weighing performed by a registered operator. Targeted procedures are established for unsorted landings. The current derogations for quantities sold/dispensed for private consumption, to non-registered buyers, are amended and aligned to the provisions on control in the supply chain. The responsibilities and accountability of operators in the supply chain are clarified. Requirements to record in a digital way and submit electronically sales notes, take-over notes and transport documents are introduced. The reporting from operators to competent authorities (flag state, state of landing, state of sale) is simplified. Data availability and exchange Amended: 33, 34, 109, 110, 111, 112, 114 and 115 New:111a; 112a Deleted: 116 The digitisation of the data system is completed, and availability, reliability and exchange of data are overall enhanced. The provisions on the recoding of data by Member States and the submission of data to the Commission are streamlined and aligned to other amendments. The amendments clarify the data collected by Member States, the validation steps and the access by Commission to the data collected and its purpose. The amendments also clarify the measures for protection of personal data and the security of the processing. The Article on the secure part of the website is deleted. TOPIC 3: BRIDGING THE GAPS WITH THE CFP Subtopic Articles Specific provisions of the proposal Definition of ‘rules of the common fisheries policy’ Amended:4 The definition of ‘rules of the common fisheries policy’ is clarified and aligned with the CFP. Fishing licence and fishing authorisation Amended: 6, 7 The provisions are aligned to the CFP. Landing obligation New: 25a The amendments mandate the use of remote electronic monitoring tools, in particular CCTVs, for the control of the landing obligation. The new provisions will affect individual vessels and fleet segments according to risk assessment, and shall be implemented by Member States at regional level. Fishing capacity New: 39a Amended: 38, 41 A new Article is introduced requiring that certain vessels with active fishing gears are fitted with a device that monitors and records engine power. The current provisions on the verification of engine power are simplified. Provisions are introduced on the physical verification of the tonnage of fishing vessels. National control programmes and annual reports Deleted: 46, Annex 1 Amended:55 New: 93a National control programmes are extended to cover the control of rules of the CFP and not only the control of multiannual programmes. The Annex 1 on inspection benchmarks for multiannual plans is consequently deleted. National control programmes shall also include the control of recreational fisheries. Yearly reports on national inspections and controls are required. TOPIC 4: SYNERGIES WITH OTHER POLICIES Fishing gears Amended:14, 43, 55 The reporting of lost fishing gear is eased and improved, through the use of logbooks (electronic) for all categories of vessels. The current derogation applicable to vessels < 12m to carry on board the necessary equipment for the retrieval of lost gear is removed. Conditions are set to lay down Union provisions on the marking and control of fishing gears for recreational fisheries. Fishing restricted areas Amended: 4, 50 The definition of 'fishing restricted areas' and the provisions of Article 50 are amended to take into account fishing restricted areas under the sovereignty or jurisdiction of a Member States as well as outside EU waters. TOPIC 5: ALIGNMENT WITH THE LISBON TREATY Alignment with the Lisbon Treaty Numerous Articles amended or introduced The powers conferred to the Commission under Regulation (EC) No 1224/2009 are aligned with Articles 290 and 291 of the Treaty on the Functioning of the European Union. Also provisions conferring decision-making powers upon Council alone are adapted to bring them into line with the new procedures applicable to the Common Fisheries Policy. Amendments to Council Regulation (EC) No 768/2005 establishing a European Fisheries Control Agency Topic Articles Specific provisions of the proposal Alignment to CFP Amended:2 and 3 Amended:17 The Agency's objective and missions are fully aligned to the new CFP. The geographical scope of the Agency's inspection powers is no longer limited to international waters. Exchange of data Amended:16 The amendments clarify rules on exchange and processing of information and the measures for protection of personal data. Alignment to Common approach on EU decentralised Agencies Amended:26, 29, 39 A number of amendments are introduced to better align the EFCA's founding Regulation to the Common Approach. Budget Amended:35 The possibilities for revenues are extended to allow delegation agreements and ad-hoc grants, in line with similar provisions in place for other Agencies (e.g. Frontex). Amendment to Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing Topic Articles Specific provisions of the proposal Digitalisation of IUU catch certificate (CATCH) New: 12a to 12e The Catch Certification Scheme, as set out in Chapter III of Regulation (EC) No 1005/2008, is paper-based and as a result not efficient. The amendments to the Union Catch Certification Scheme provide for with the establishment of a data base for the management of catch certificates (CATCH) based on the Information Management System for Official Controls, allowing for risk based controls, reducing opportunities of fraudulent imports and easing the administrative burden of Member States. The operational functions of the CATCH will be developed in different phases. Implementing and delegated powers are conferred on the Commission relating to the functioning and further development of the CATCH. Inspections Amended: 10 Alignment with the new provisions in Regulation (EC) No 1224/2009. Fishing vessel engaged in IUU fishing Amended: 2, 3, 11 Alignment with the new provisions in Regulation (EC) No 1224/2009 and relevant cross references. Proceedings and enforcement measures (including serious infringements) New: 42a, Amended: 27, 42, 43 Deleted: 44 to 47 Cross references are introduced to ensure alignment with the new provisions on proceedings and enforcement including sanctions in Regulation (EC) No 1224/2009. Articles becoming obsolete are deleted. Amendment to Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea Amendment to Regulation (EU) 2016/1139 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks Topic Articles Specific provisions of the proposal Regulation (EC) No 1967/2006 Amended: 17 Deleted: 21, 23 In order to ensure compatibility with Regulation 1224/2009, some provisions on leisure fisheries and the provisions on transhipment are deleted. Regulation (EU) No 2016/1139 Deleted: 12, 13 In order to ensure compatibility with Regulation 1224/2009 provisions on logbooks and on the margin of tolerance are deleted 2018/0193 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1224/2009, and amending Council Regulations (EC) No 768/2005, (EC) No 1967/2006, (EC) No 1005/2008, and Regulation (EU) No 2016/1139 of the European Parliament and of the Council as regards fisheries control THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, After consulting the European Data Protection Supervisor, Having regard to the opinion of the European Economic and Social Committee, Having regard to the opinion of the Committee of the Regions, Acting in accordance with the ordinary legislative procedure, Whereas: (1)The common fisheries policy has been reformed by Regulation (EU) No 1380/2013 of the European Parliament and Council. The objectives of the common fisheries policy and the requirements for fisheries control and enforcement are set out in Articles 2 and 36 of that Regulation. Its successful implementation depends on the effective and up-to-date control and enforcement system. (2)Council Regulation (EC) No 1224/2009 established a Union fisheries control system which provides inter alia for monitoring centres, tracking of fishing vessels, catch reporting obligations, prior notifications, authorisations tranship in third countries, publication of fisheries closures, control of fishing capacities, national control programmes, control of recreational fisheries , controls in the supply chain of fisheries and aquaculture products, weighing of fisheries products, transport documents, landing declarations, sales notes and take-over declarations, inspections and audits, sanctioning of infringements and access to data. (3)Regulation (EC) No 1224/2009 was, however, designed prior to the adoption of the new common fisheries policy. It should therefore be amended in order to better address the requirements for the control and enforcement of the common fisheries policy in accordance with Regulation (EU) No 1380/2013 and to take advantage of modern and more cost-effective control technologies. (4)In Regulation (EC) No 1224/2009, reference should be made to the definitions in Regulation (EU) No 1380/2013 and Regulation (EU) No 1379/2013 of the European Parliament and Council. In the interest of clarity and consistency some definitions set in Regulation (EC) No 1224/2009 should be deleted or amended and new definitions should be added. (5)The definition of ‘rules of the common fisheries policy’ should be amended to clarify that its scope covers all Union law applicable in the fisheries sector, including rules on technical and conservation measures for marine biological resources, on management and control of Union fleets exploiting such resources, on the processing and marketing of fishery and aquaculture products, the Union system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing and international agreements concluded by the Union (6)The terms ‘vessel monitoring system data’ should be replaced by the clearer expression ‘vessel position data’. The definition of ‘vessel position data’ should no longer refer to transmission by satellite-tracking devices, as now different technologies to track vessels and transmit vessel position data are available. (7)The definition of ‘lot’ should be aligned to the definition of ‘lot’ set out in the food law. (8)The definitions of ‘multiannual plans’ should be updated to take into account the provisions of Regulation (EU) No 1380/2013 on multiannual plans. (9)In the definitions of ‘fishing licence’, 'fishing restricted areas' and 'recreational fisheries', the terms ‘marine living aquatic resources’ should be replaced by ‘marine biological resources’ in order to align that definition to Regulation (EU) No 1380/2013. (10)A definition of 'fishing vessel' is provided in Regulation (EU) No 1380/2013 and includes vessels equipped for commercial exploitation of marine biological resources such as catching vessels, support vessels, fish processing vessels, vessels engaged in transhipment and carrier vessels equipped for the transportation of fisheries products, with the exception of container vessels. The definition 'fishing vessel' in Regulation (EC) No 1224/2009 should therefore be deleted. (11)In order to enhance the enforcement of the rules of the common fisheries policy, new definitions should be added for ‘catching vessel’ and ‘slipping’. (12)Small scale fisheries play an important role in the Union, from a biological, economic and social perspective. Considering the possible impacts of small scale fisheries on stocks, it is important to control that fishing activities and fishing efforts of smaller vessels are in compliance with the rules of the common fisheries policy. For this purpose it is necessary to obtain position data of those vessels. Therefore, Member States should be able to track all fishing vessels, including fishing vessels which are less than 12 metres' length. For vessels 12 metres' length it is now possible to use mobile devices which are less expensive and easy to use.

(13)In order to clarify the role of the fishing monitoring centres, the provisions of Regulation (EC) No 1224/2009 concerning those centres should be placed in a separate Article. (14)Regulation (EC) No 1224/2009 has been amended by Regulation (EU) 2015/812 of the Parliament and Council in order to align certain of its provisions to the landing obligation set in Article 15 of Regulation (EU) No 1380/2013. In order to allow the proper control of the landing obligation, it is necessary to equip, on the basis of a risk assessment, a certain percentage of fishing vessels should be equipped with continuous recording electronic monitoring devices including Close Circuit Televisions (CCTV). CCTV data may be supplemented by data from other electronic monitoring devices. Data from these devices, including from CCTV, will provide Member State officials with means to control compliance with the landing obligation at sea. The CCTV footage should only concern the gears and the parts of the vessels where fishery products are brought on board, handled and stored. Footage from CCTVs should be recorded locally and should be made available exclusively to Member States officials or Union inspectors upon requests in particular in the context of inspections, investigations or audits. (15)In order to achieve the objectives of the common fisheries policy, the reliability and comprehensive collection of data on catches is of the utmost importance. (16)The submission of catch registration data on paper formats has led to incomplete and unreliable reporting and ultimately to inadequate catch reporting by operators to Member States and by Member States to the Commission, and has hampered the exchange of information between Member States. It is therefore considered necessary that masters record data concerning catches in a digital way and submit them electronically, in particular the logbooks, transhipment declarations and landing declarations. (17)The absence of catch reporting obligations by masters of vessels less than 10 metres' length led to incomplete and unreliable data for such vessels as the data collection for those vessels was based on sampling plans. Therefore it is important to require reporting of catches for all fishing vessels without regard to their size. In this way the rules will also be simplified and compliance and controls will be improved. (18)For vessels of 12 metres' length or more, it is important that the information in the logbook is made more accurate and includes data on the catches by haul or by operation, as this will enhance the effectiveness of controls. In the case of vessels less than 12 metres' length, the obligations pertaining to the completion and submission of the logbook should be simplified and masters should only be required to submit the information contained in logbook once, before arrival at port. (19)The provisions on the margin of tolerance in logbook estimates of quantities of fish retained on board should be amended to take into account the new rules pertaining to the reporting of catches below 50 kg in logbooks. In addition, the provisions on the margin of tolerance should be amended in order to address the specificity of catches which are landed unsorted. (20)When a fishing vessel departs, it should immediately start an electronic logbook and a unique fishing trip identifier number is assigned for that trip. The logbook, transhipment declarations and landing declarations should include a reference to this unique fishing trip identifier number to allow enhanced controls and to improve the validation of the data by Member States and the traceability of fishery products in the supply chain. In order to improve and simplify the transmission of information on fishing gear losses to Member State competent authorities, the logbook format should include information on lost gears. (21)Prior landing notification allows a better control by officials of the compliance with the rules on catch registration and fishing activities. To improve compliance with the rules on catch registration, the provisions on prior notifications should apply to all vessels above 12 metres and not only to fishing vessels targeting stocks under multiannual plans. Member States should be entitled to set a shorter period of prior notification for vessels flying their flag which operate exclusively within its territorial waters, as long as this does not impair their ability to inspect vessels upon arrival. (22)Union fishing vessels landing fishery products in third countries or transhipping fishery products in third country waters or high seas should submit a prior notification or obtain an authorisation from the flag Member States. Such prior notifications and authorisations are required taking into account the responsibilities of the flag Member States relating to the prevention fishery products stemming from IUU fishing entering international markets. (23)Provisions on the recording of catch data and fishing efforts by the Member States should be amended to include data appearing in weighing records, take-over notes, and transport documents. (24)Rules on the submission of aggregated catch data and fishing efforts to the Commission should be simplified by providing for a single date for all submissions. (25)Provisions concerning the publication by the Commission of fisheries closures following the exhaustion of fishing quotas or maximum allowable fishing efforts should be simplified in order to allow a timely publication of such closures. Those provisions should furthermore be made consistent with the landing obligation laid in Regulation (EU) No 1380/2013. (26)Provisions on fishing capacity should be updated to refer to Regulation (EU) No 1380/2013. (27)Provisions concerning the verification of the tonnage of fishing vessels for the purposes of fishing capacity controls should be simplified and provisions concerning the verification of engine power should be clarified. If fishing vessels equipped with active fishing gears operate with engines that exceed the engine power stated in their registration, it is impossible to ensure compliance with the capacity ceilings laid down in Regulation (EU) No 1380/2013. Therefore it is important to effectively control the engine power of fishing vessels equipped with active fishing gears, using devices which continuously monitor the engine power. (28)In order to ensure compliance with the rules of the common fisheries policy, each Member State should be required to set up and regularly update an annual or multi-annual national control programme covering all rules of the common fisheries policy. Member States should ensure that official controls are performed in a risk-based manner. Yearly reports on national inspections and controls should also be required. (29)Fishing restricted areas are established under Union legislation, national legislation and international agreements. Therefore the provisions on the control of fishing restricted areas by Member States should apply to fishing restricted areas wherever they are located. Also recreational vessels fishing in restricted areas should be controlled, where appropriate. (30)Recreational fisheries play an important role in the Union, both from a biological, economic and social perspective. Considering the significant impacts of the recreational fishing on certain stocks, it is necessary to provide for specific tools allowing an effective control of recreational fisheries by the Member States. A registration or licensing system should allow a precise census of physical and legal persons participating in recreational fisheries and the collection of reliable data on catches and practices. The collection of sufficient and reliable data on recreational fishing is necessary in order to evaluate the impact of such fishing practices on stocks and provide Member States and the Commission with the information necessary for an effective management and control of marine biological resources. (31)A number of specific conservation measures applicable to recreational fisheries has already been established under the common fisheries policy. The registration or licensing and catch registration systems should allow the effective control of those specific conservation measures. (32)Provisions on the controls in the supply chain should be clarified in order to allow Member States to perform controls and inspections at all stages of marketing of fishery and aquaculture products, from the first sale to the retail sale, including transport.

(33)The rules applicable to the placing of fishery and aquaculture products into lots should be clarified. It should be clarified that lots should be composed of fishery and aquaculture products of a single species, except where they consist of very small quantities. (34)In line with the traceability requirements set out in Article 18 of Regulation (EC) No 178/2002 of the European Parliament and Council, Commission Implementing Regulation (EU) No 931/2011 lays down certain traceability rules for the specific sector of food of animal origin, namely a specific set of information must be kept on record by operators, be made available to competent authorities upon request, and transferred to the operator to which the fishery product is supplied. In the fisheries sector, traceability is important not only for food safety purposes but also to allow controls and ensure the protection of consumers' interests. (35)It is therefore appropriate to build upon the existing rules on traceability as laid down in Article 18 of Regulation (EC) No 178/2002 and Commission Implementing Regulation (EU) No 931/2011. A specific set of information on fishery and aquaculture products should be kept on record by operators, made available to competent authorities upon request, and transferred to the operator to which the fishery product is supplied. In the case of fisheries products which are not imported, that traceability information should include the unique fishing trip identification number as this will allow to link a specific lot of fishery products to a particular landing by an Union fishing vessel or several Union fishing vessels in the same relevant geographical area. (36)In line with Regulation (EU) No 931/2011 the traceability information relevant for the control of fishery and aquaculture products should be available from the first sale until the retail stage. This will allow in particular that the information provided to the consumer concerning the species and the origin of the fishery or aquaculture product is accurate. (37)The same rules should apply to fishery and aquaculture products imported from third countries. In the case of imported products, the mandatory traceability information should include a reference to the catch certificate provided for by Regulation (EC) No 1005/2008. (38)In order to ensure an effective and timely transmission of the traceability information concerning fishery and aquaculture products, that information should be recorded in a digitalized manner and transmitted electronically within in the supply chain and to competent authorities upon their request. (39)In the case of fishery products sold directly from fishing vessels to the consumers, rules pertaining to traceability, registered buyers, and sales notes do not apply to quantities below certain thresholds. Those thresholds should be harmonized and should be lowered in order to minimize the placing on the market of fishery products which cannot be traced and therefore cannot be controlled. (40)In order to achieve the objectives of the common fisheries policy, the reliability and comprehensive collection of data on catches is of the utmost importance. In particular recording of catches at the time of landing should be carried out in the most reliable way possible. For that purpose, it is necessary to strengthen the procedures concerning the weighing of fishery products upon landing. (41)The weighing should be performed on systems approved by the competent authorities and by operators registered by Member States to carry out that task. All products should be weighed per species upon landing as this will guarantee a more accurate reporting of the catches. Furthermore, weighing records should be recorded electronically and kept for three years. (42)Landing of unsorted species should only be allowed if strict conditions are met, including the weighing on systems operated or controlled by Member State authorities. (43)In order to improve controls and allow the rapid validation of catch registration data and the rapid exchange of information between Member States, it is necessary that all operators record data in a digital way and submit that data electronically within 24 hours to Member States. This concerns, in particular, landing declarations, sales notes and take-over notes. (44)Due to the availability of adequate technological tools, the requirement to record data in a digital way and submit it electronically within 24 hours to Member States should apply to all buyers of fishery products. (45)Transmission of transport documents to the relevant Member States should be simplified and should be done prior to departure in order to allow controls by the competent authorities. (46)Landing declarations, sales notes, take-over declarations and transport documents should include a reference to the unique fishing trip identifier number in order to allow enhanced controls and improve the validation of the data by Member States and the traceability of fishery products in the supply chain. (47)The provisions of Regulation (EC) No 1224/2009 concerning the monitoring of producer organisations and the monitoring of price and intervention arrangements are no longer relevant and should be deleted since such monitoring is now provided for by Regulation (EU) No 1379/2013. (48)In order to improve the risk assessment carried out by national authorities when planning control activities and the effectiveness of inspections, the requirements concerning the national register of infringements should be enhanced. (49)In order to ensure a level playing field in the Member States as regards the judicial treatment of all offenders of the rules of the common fisheries policy, provisions concerning determination of behaviours that constitute serious infringements of such rules should be clarified and reinforced. (50)To ensure effective deterrence against the most harmful behaviours, in line with Union international obligations it is necessary to establish an exhaustive list of infringements which are to be considered serious under any circumstances. In addition, to ensure proportionality, it is necessary to establish an exhaustive list of criteria to be used by the competent national authorities when determining the seriousness of certain other infringements. (51)To ensure a faster, effective and more dissuasive response to the serious infringements, administrative proceedings against such serious infringements should be introduced by Member States without prejudice to existing criminal proceedings. Setting standardized minimum levels of fines and improving the point system which may lead to the suspension or withdrawal of fishing licences or of the right to command a vessel, will also increase the deterrent effect of the sanctioning systems of all Member States and prevent recidivism. (52)National entities in charge of fisheries control activities as well as any relevant judicial bodies should have access to the national register of infringements. A fully transparent exchange of information contained in national registers between Member States will also improve effectiveness and ensure a level playing field for control activities.

(53)Validation is an important step in ensuring that data collected by Member States pursuant to Regulation (EC) No 1224/2009 is reliable and complete. The set of data to be validated and the obligations of Member States in case of inconsistencies should be clarified. (54)In order to comply with its duties under the rules of the common fisheries the Commission must have access to various data collected by Member States. It should be clarified which data should be accessible to the Commission and which tasks the Commission is to perform using that data. (55)The data collected by Member States is also of great value for scientific purposes. It should be clarified that scientific bodies of Member States and Union scientific bodies may be provided access to the data collected in accordance with Regulation (EC) No 1224/2009 , in particular to vessel position data and fishing activity data. Finally, the fishing activity data collected by Member States is also of value for the statistical office of the European Union (Eurostat) who can use it to provide statistics on fisheries. (56)As the exchange of data between Member States is paramount for controlling and enforcing obligations under the rules of the common fisheries policy, the provisions pertaining to such exchanges should be clarified. In particular, Member States should grant each other access to their registers of infringements as this will allow them to improve enforcement of the rules with regard to Union fishing vessels flying the flag of another Member State in their waters and with regard to fishing vessels flying their flags which committed infringements in the waters of other Member States. (57)The set of data collected by the Member States to which the Commission should have access, such as fishing activity data, control data, other electronic fisheries databases and the national register of infringements, may include personal data. As the fishing trip identification number or the name of the fishing vessel may allow the identification of natural persons such as the owner or the master of a fishing vessel, information containing such data can also, under certain circumstances, constitute personal data. (58)Processing of personal data is necessary for the fisheries control and enforcement. In particular, for the purpose of monitoring of fishing opportunities, including quota consumption, the Commission should be able to process data from logbooks, landing declarations, sales notes and other fishing activity data in order to carry out validation of the aggregated data submitted by Member States. To carry out verifications, audits and to monitor the control activities of Member States, the Commission should have access and process information such as inspection and control observers' reports and the database of infringements. In the context of preparation of and compliance with the international agreements and conservation measures, the Commission should process, when necessary, data on the fishing activities of Union fishing vessels outside Union waters, including the vessel identification numbers, name of the owner of the vessel and the master of the vessel. (59)Personal data processed for fisheries control and enforcement should be stored in general for a period of 5 years because for the purpose of the monitoring of fishing opportunities, the Commission performs validation of the aggregated data submitted by Member states within 5 years following their transmission. In case of the follow-up of infringements, inspections, verifications, complaints or audits, or in case of on-going judicial or administrative proceedings, a specific longer retention period of 10 years is necessary because the length of such processes and the need for those data to be used during the entire period when such processes are ongoing. (60)It should be ensured at all times and at all levels that, the obligations on personal data protection laid down in Regulation (EU) 2016/679 of the European Parliament and Council, Regulation (EU) 2018/XX, and, where applicable, the national provisions transposing Directive (EU) 2016/680 are respected. (61)Regulation (EC) No 1224/2009 confers powers upon the Commission in order to implement some of the provisions of that Regulation. (62)As a consequence of the entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 1224/2009 need to be aligned with Articles 290 and 291 of the Treaty on the Functioning of the European Union. (63)The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in order to supplement Regulation (EC) No 1224/2009 with specific rules governing controls, as regards: –the exemption of certain fishing vessels from the obligation of a fishing authorisation; –provisions applicable in case of failure of electronic recording and reporting systems, concerning tracking systems, logbook, prior notifications, transhipements, landing declarations; –the exemption of certain categories of fishing vessels from the obligation to complete and submit a prior notification and transhipment declaration; –the detailed rules concerning the functioning of traceability systems; –the criteria and procedure for the registration of weighers and content of weighing records; –the rules on weighing procedures and special rules for small pelagic species; –the rules on control observers; –the rules on inspections for Member States competent authorities and operators; –the definition of trigger for the suspension or withdrawal of the fishing licence, the follow up to suspension or withdrawal, the deletion of points;

–the minimum requirements for national control action programmes, yearly reports and the setting of bench marks; –the setting of the deadline for Member States to demonstrate that stocks can be safely exploited; It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (1). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. (64)Implementing powers should be conferred on the Commission in order to ensure uniform conditions for the implementation of Regulation (EC) No 1224/2009,as regards: –fishing licences and fishing authorisations; –the marking and identification of fishing vessels, gear and craft; –technical requirements and characteristics of tracking devices; –margin of tolerance; –conversion factors to convert stored or processed fish into live fish weight; –content of the vessel position data and the content and format, rules concerning completion and digital recording and transmission of logbooks, prior notifications, transhipment declarations, and landing declarations; –technical requirements and characteristics of electronic monitoring devices systems including CCTV; –the format for the submission of catch registration data and fishing effort to the Commission; –remedy in case of a prejudice caused to a Member State; –the verifications of the engine power, the tonnage of the fishing vessel, verification of the type, number and characteristics of the fishing gear; –technical requirements and characteristics of devices for the continuous monitoring of the engine power; –certification of the engine power; –registration or licensing system, tracking of vessels, and control of gears for certain recreational fisheries; –sampling plans for unsorted landings; –registered buyers; –surveillance reports and inspection reports;

–operation of the data base for inspection and surveillance report; –fixing quantities against quotas in case of corrective measures; –operation of the point system for licence holders and masters; –specific control and inspections programmes; –deduction of quotas; –access to data and exchange of data; –reporting by Member State; –mutual assistance, Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. (65)As a consequence of the entry into force of the Lisbon Treaty, some provisions conferring decision-making powers upon the Council alone need to be adapted to bring them into line with the new procedures applicable to the common fisheries policy. The provisions of Regulation (EC) No 1224/2009 concerning the following elements should therefore be redrafted: –the adoption in each multiannual plan of a threshold of catches above which a designated port or a place close to the shore has to be used and the frequency of communication of data; –the establishment of a control observer scheme. (66) Regulation (EC) No 1224/2009 should therefore be amended accordingly. (67)For reasons of consistency with the scope of Regulation (EC) No 1224/2009, the objectives of Council Regulation (EC) No 768/2005 should be enlarged. The missions of the European Fisheries Control Agency should cover the harmonisation of the application of the common fisheries policy as a whole. They should include research and development in the area of control and inspection techniques and provision of assistance to the Commission in specific fields. (68)It should be ensured that the obligations concerning personal data protection laid down in Regulation (EU) 2018/XX are respected by the Agency in the framework of data processing and exchange. Representatives of Union institutions should have the possibility to take part in the meeting of the Administrative Board of the Agency. (69)It should be clarified that both draft annual and draft multiannual work programmes of the Agency prepared its executive Director are to be submitted to the Administrative board of the Agency. (70)It should be clarified that the Agency may also receive funds in the form of delegations agreements or ad-hoc grants without prejudice to others types of income. (71)Finally, the provisions on the evaluation of the Agency by the Commission should also be clarified. (72)Regulation (EC) No 768/2005 should therefore be amended accordingly.

(73)In order to ensure consistency between control provisions, Council Regulation (EC) No 1967/2006 and Regulation (EU) No 2016/1139 of the European Parliament and Council should be amended. In particular, the provisions concerning control of leisure fisheries, recording and reporting of transhipments and catch registrations set out in Council Regulation (EC) No 1967/2006 and the provisions concerning logbooks and the margin of tolerance in estimates recorded in the fishing logbook set out in Regulation (EU) No 2016/1139 should be deleted and the relevant provisions of Regulation (EC) No 1224/2009 should apply instead. (74)The Catch Certification Scheme, as set out in Chapter III of Regulation (EC) No 1005/2008, is paper-based and as a result not efficient and not in line with a digitalised traceability system for fishery products. In line with its international commitments and to ensure effective implementation of the scheme, Regulation (EC) No 1005/2008 should be amended to establish a data base for the management of catch certificates (CATCH) based on the Information Management System for Official Controls, allowing for risk based controls, reducing opportunities of fraudulent imports and easing the administrative burden of Member States. The operational functions of the CATCH will be developed in different phases. (75)In order to ensure uniform conditions for the implementation of Regulation (EC) No 1005/2008, in particular to allow for the integrated management, handling, storage and exchange of information and documents relevant for official checks, verifications, controls and other relevant official activities concerning importation and exportation of fishery products as foreseen under Regulation (EC) No 1005/2008, implementing and delegated powers should be conferred on the Commission relating to the functioning and development of the CATCH based on the Information Management System for Official Controls. (76)In order to ensure consistency among Union legal instruments governing fisheries control, certain provisions on serious infringements set out in Regulation (EC) No 1005/2008 should be deleted and, if necessary, moved to Regulation (EC) No 1224/2009, which is the main legal instrument in the fisheries control field. In Regulation (EC) No 1005/2008 reference should consequently be made to the provisions on serious infringements contained in Regulation (EC) No 1224/2009. (77)Regulation (EC) No 1005/2008 should therefore be amended accordingly. HAVE ADOPTED THIS REGULATION: Article 1 Amendments to Regulation (EC) No 1224/2009 Regulation (EC) No 1224/2009 is amended as follows: (1)Article 4 is amended as follows: (a)The introductory sentence is replaced by the following: "For the purpose of this regulation the definitions set out in Article 4 of Regulation (EU) No 1380/2013 and Article 5 of Regulation (EU) No 1379/2013 shall apply unless otherwise provided for in this regulation." (b)point 2 is replaced by the following: "2. 'rules of the common fisheries policy' means legally binding Union acts, including international agreements concluded by the Union, on the conservation, management and exploitation of marine biological resources, on aquaculture and on processing, transport and marketing of fisheries and aquaculture products;" (c)point 9 is replaced by the following: "9. ‘fishing licence’ means an official document conferring on its holder the right, as determined by national rules, to use a certain fishing capacity for the commercial exploitation of marine biological resources. It contains minimum requirements concerning the identification, technical characteristics and fitting out of a fishing vessel;" (d)point 12 is replaced by the following: “12. ‘vessel position data’ means data on the fishing vessel identification, geographical position, date, time, course and speed transmitted by tracking devices on board fishing vessels to the fisheries monitoring centre of the flag Member State;” (e)point 14 is replaced by the following: "14.'fishing restricted area' means any marine area where fishing activities are temporarely or permanently restricted or prohibited;"

(f)point 20 is replaced by the following: "20.‘lot’ means a batch of units of fishery or aquaculture products;" (g)point 24 is replaced by the following: "24.'multiannual plans' means plans referred to in Articles 9 and 10 of Regulation (EU) 1380/2013, management plans adopted in accordance with Article 18 of Regulation (EU) 1380/2013 as well as other Union measures adopted on the basis of Article 43(3) of the Treaty and providing for specific management or recovery of particular fish stocks for more than a year;" (h)point 23 is deleted. (i)point 28 is replaced by the following: "28. ‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources for recreation, tourism or sport." (j)point 31 is deleted. (k)the following points 33 and 34 are inserted: "33. 'slipping' means the practice of intentionally releasing fish from fishing gear before that gear is fully brought on board a fishing vessel; 34. ‘catching vessel’ means a fishing vessel used for the purpose of the capture of marine biological resources." (2)In Article 5, paragraph 6 is deleted. (3)Article 6 is replaced by the following: "Article 6 Fishing licence 1. A Union fishing vessel may be used for commercial exploitation of marine biological resources only if it has a valid fishing licence. 2. The flag Member State shall ensure that the information contained in the fishing licence is accurate and consistent with that contained in the Union fishing fleet register referred to in Article 24 of Regulation (EU) No 1380/2013. 3. The flag Member State shall suspend temporarily the fishing licence of a vessel which is subject to temporary immobilisation decided by that Member State or which has had its fishing authorisation suspended in accordance with Article 91b. 4. The flag Member State shall withdraw permanently the fishing licence of a vessel which is the subject of a capacity adjustment measure referred to in Article 22 of Regulation (EU) No 1380/2013 or which has had its fishing authorisation withdrawn in accordance with Article 91b. 5.The Commission may, by means of implementing acts, lay down rules on the validity of fishing licences issued by the flag Member State as well as the minimum information contained therein. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).”

(4)Article 7 is amended as follows: (a)paragraph 2 is replaced by the following: "2. Where a Member State has a specific national fishing authorisation scheme for fishing vessels flying its flag, it shall send to the Commission at its request a summary of the information contained in the authorisation issued and the related aggregated figures on fishing effort." (b)paragraph 5 is replaced by the following: "5.The Commission may, by means of implementing acts, lay down rules on the validity of fishing authorisations issued by the flag Member State as well as the minimum information contained therein. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). (c)paragraph 6 is inserted: "6. The Commission is empowered to adopt delegated acts in accordance with Article 119a providing for derogations from the obligation to obtain fishing authorisations for Union fishing vessels below 10 metres’ length overall." (5)Article 8 is amended as follows: (a)the heading of Article 8 is replaced by the following: "Article 8 Marking and identification of Union fishing vessels and gears" (b)paragraph 2 is replaced by the following: “2.The Commission may, by means of implementing acts, lay down rules on: (a)marking and identification of vessels (b)vessel identification documents to be carried on board; (c)marking and identification of crafts and fishing aggregating devices; (d)marking and identification of fishing gears; (e)labels for the marking of gears; (f)marking of buoys and setting of cords. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

(6)Article 9 is replaced by the following: “Article 9 Vessel monitoring systems 1.Member States shall operate vessel monitoring systems for effective monitoring of position and movement of the fishing vessels flying their flag wherever those vessels may be, and of fishing vessels in the Member States’ waters through the collection and analysis of vessel position data. Each flag Member State shall ensure the continuous and systematic monitoring and control of the accuracy of the vessel position data. 2.Union fishing vessels shall have installed on board a fully functioning device which allows that vessel to be automatically located and identified by a vessel monitoring system through transmitting vessel position data at regular intervals. The vessel monitoring systems shall also allow the fisheries monitoring centre referred to in Article 9a of the flag Member State to poll the fishing vessel at all times. The transmission of vessel position data and the polling shall either pass through a satellite connection, or may use a land-based mobile network when in reach of such network. 3.By way of derogation from paragraph 2, masters of Union fishing vessels below 12 metres’ length overall may carry on board a mobile device which allows the vessel to be automatically located and identified by a vessel monitoring system through recording and transmitting vessel position data at regular intervals. In case the device is not within reach of a mobile network, the vessel position data shall be recorded during that period of time and shall be transmitted as soon as the vessel is in reach of such network and at the latest before entering port. 4.When a Union fishing vessel is in the waters of another Member State, the flag Member State shall make available the vessel position data of that vessel by automatic transmission to the fisheries monitoring centre of the coastal Member States. The vessel position data shall also be made available to the Member State in whose ports a fishing vessel is likely to land its catches or in the waters of which the fishing vessel is likely to continue its fishing activities. 5.If a Union fishing vessel operates in the waters of a third country or in waters where the fishing resources are managed by a regional fisheries management organisation as referred to in Article 3(1), and if the agreement with that third country or the applicable rules of that organisation so provide, vessel position data shall also be made available to that country or organisation. 6.Third country fishing vessels operating in Union waters shall have installed on board a fully functioning device which allows such a vessel to be automatically located and identified by a vessel monitoring system through transmitting vessel position data at regular intervals in the same way as Union fishing vessels under this Article. 7.The Commission is empowered to adopt delegated acts in accordance with Article 119a establishing detailed rules on monitoring of fishing activities and fishing effort by the fishing monitoring centres, in particular as regards the responsibilities of the masters concerning the vessel monitoring devices. 8. The Commission may, by means of implementing acts, lay down detailed rules on (a)the format and content of vessel position data; (b)the requirements and technical specifications of vessel monitoring devices; (c)the frequency of transmission of the data concerning the position and movement of fishing vessels including in fishing restricted areas; (d)the transmission of data to coastal Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)." (7)The following Article 9a is inserted: “Article 9a Fisheries monitoring centres

1.Member States shall establish and operate fisheries monitoring centres which shall monitor fishing activities and fishing effort. The fisheries monitoring centre of a particular Member State shall monitor the fishing vessels flying its flag, whatever the waters in which they are operating or the port they are in, as well as Union fishing vessels flying the flag of other Member States and fishing vessels of third countries to which vessel monitoring system provisions applies operating in the waters under the sovereignty or the jurisdiction of that particular Member State. 2.Each flag Member State shall appoint the competent authorities responsible for the fisheries monitoring centre and shall take the appropriate measures to ensure that its fisheries monitoring centre has the proper staffing resources and is equipped with computer hardware and software enabling automatic data processing and electronic data transmission. Member States shall provide for back-up and recovery procedures in case of system failure. Member States may operate a joint fisheries monitoring centre. 3.Flag Member States shall ensure that fisheries monitoring centres have access to all relevant data and in particular as listed in Articles 109 and 110 and operate 7 days a week and 24 hours a day. 4.The Commission is empowered to adopt delegated acts in accordance with Article 119a concerning detailed rules on monitoring of fishing activities and fishing effort by the fishing monitoring centres, in particular relating to (a)the monitoring of entry into and exit from specific areas; (b)the monitoring and recording of fishing activity; (c)the provisions applicable in case of a technical or communication failure or non-functioning of the vessel monitoring device; (d)measures to be taken in case of non-receipt of data concerning the position and movement of fishing vessels." (8)Article 10 is replaced by the following: "Article 10 Automatic identification system In accordance with Directive 2002/59/EC, a fishing vessel exceeding 15 metres’ length overall shall be fitted with and maintain in operation an automatic identification system which meets the performance standards drawn up by the International Maritime Organisation." (9)Article 12 is replaced as follows: "Article 12 Transmission of data for surveillance operations Data from the vessel monitoring system(s), the automatic identification system and the vessel detection system collected in the framework of this Regulation shall be made available to the Commission, Union agencies and competent authorities of the Member States engaged in surveillance operations for the purpose of maritime safety and security, border control, protection of the marine environment and general law enforcement." (10)Article 13 is deleted. (11)Article 14 is replaced as follows: “Article 14 Completion of the fishing logbook”

1.The master of each Union catching vessel shall keep an electronic fishing logbook for the purpose of recording fishing activities. 2.The fishing logbook referred to in paragraph 1 shall contain in particular the following information: (a)a unique fishing trip identification number; (b)the vessel identification numbers and the name of the fishing vessel; (c)the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken; (d)the date and, where appropriate, time of catches; (e)the date and time of departure from, and of arrival to, port and the duration of the fishing trip; (f)the type of gear, technical specifications and dimensions; (g)the estimated quantities of each species in kilograms live weight or, where appropriate, the number of individuals, including the quantities or individuals below the applicable minimum conservation reference size, as a separate entry; for Union fishing vessels of 12 metres' length overall or more, this information shall be provided per haul or per fishing operation; (h)estimated discards of live-weight equivalent in volume for any species not subject to the landing obligation; (i)estimated discards in volume for any species not subject to the landing obligation pursuant to Article 15(4) and (5) of Regulation (EU) No 1380/2013; (j)the conversion factors used; (k)data required in application of fisheries agreements referred to in paragraph 1 of Article 3. 3.In the case of fishing gears lost at sea, the logbook shall also contain: (a)the type of lost gear; (b)the date and time when the gear was lost; (c)the position where the gear was lost; (d)the measures undertaken to retrieve the gear. 4.When compared with the quantities landed or the result of an inspection, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % per species. For species retained on board that do not exceed 50kg live weight equivalent, the permitted margin of tolerance shall be 20% per species. By derogation to the first subparagraph for fisheries referred to in the first and third indents of Article 15(1)(a) of Regulation (EU) No 1380/2013 which are landed unsorted, the tolerance limitations set out in this paragraph shall not apply to catches of species which meet both of the following conditions:

(a)they represent less than 1% in weight of all species landed; and (b)their total weight is less than 100 kg. 5.In fisheries subject to a Union regime of fishing effort, masters of Union catching vessels shall record and account in their fishing logbooks for the time spent in an area as follows: (a)with regard to towed gear: (i) entry into, and exit from the port located in that area; (ii) each entry into, and exit from maritime areas where specific rules on access to waters and resources apply; (iii) the catch retained on board by species in kilograms live weight at the time of exit from that area or before entry into a port located in that area; (b)with regard to static gear: (i) entry into, and exit from the port located in that area; (ii) each entry into, and exit from maritime areas where specific rules on access to waters and resources apply; (iii) the date and time of setting or re-setting of the static gear in these areas; (iv) the date and time of the completion of fishing operations using the static gear; (v) the catch retained on board by species in kilograms live weight at the time of exit from that area or before entry into a port located in that area. 6.To convert stored or processed fish weight into live fish weight for the purposes of the logbook, masters of Union catching vessels shall apply a conversion factor established in accordance with paragraph 9. 7.Masters of third country catching vessels operating in Union waters shall record the information referred to in this Article in the same way as masters of Union fishing vessels. 8.The accuracy of the data recorded in the fishing logbook shall be the responsibility of the master. 9.The Commission may, by means of implementing acts, (a)lay down detailed rules on the implementation of the margin of tolerance as defined in paragraph 3; (b)lay down detailed rules on the use of conversion factors; (c)set conversion factors.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).” (12)Article 15 is replaced by the following: “Article 15 Electronic submission of the logbook 1.Masters of Union catching vessels of 12 metres’ length overall or more shall submit by electronic means the information referred to in Article 14 to the competent authority of their flag Member State: (a)at least once a day, and where applicable, after each haul; and (b)after the last fishing operation has been completed and before entering port. 2.Masters of Union catching vessels of less than 12 metres’ length overall shall submit by electronic means the information referred to in Article 14, to the competent authority of their flag Member State after the last fishing operation has been completed and before entering port. 3.Masters of Union catching vessels shall also send electronically the information referred to in Article 14 at the time of any inspection and upon request of the competent authority of their flag Member State. 4.The competent authorities of a coastal Member State shall accept electronic reports received from the flag Member State containing the data from fishing vessels referred to in paragraphs 1, 2 and 3. 5. Masters of third country catching vessels operating in Union waters shall submit by electronic means the information referred to in Article 14 to the competent authority of the coastal Member State." (13)the following Article 15a is inserted: “Article 15a Delegated and implementing acts concerning logbook requirements 1.The Commission is empowered to adopt delegated acts in accordance with Article 119a concerning: (a)the provisions applicable in the event of technical or communication failure or non-functioning of electronic recording and reporting systems for logbook data; (b)measures to be taken in case of non-receipt of logbook data; (c)the access to logbook data and measures to be taken in case of data access failure. 2.The Commission may, by means of implementing acts, lay down detailed rules on: (a)the format, content and submission of the fishing logbook;

(b)the completion and digital recording of information in the fishing logbook; (c)the functioning of the electronic recording and reporting system for logbook data; (d)the requirements for the transmission of logbook data from a Union fishing vessel to the competent authorities of its flag State and return messages from the authorities; (e)the requirements and format for exchange of logbook information between Member States; (f)the tasks of the single authority referred to in Article 5(5) with regards to the fishing logbook; (g)the frequency of logbook data transmissions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)." (14)Article 16 is deleted. (15)Article 17 is amended as follows: (a)paragraph 1 is replaced by the following: “1.Without prejudice to specific provisions contained in multiannual plans, masters of Union fishing vessels of 12 metres’ length overall or more shall notify by electronic means the competent authorities of their flag Member State at least four hours before the estimated time of arrival at port of the following information: (a)the unique trip identification number as indicated in the logbook; (b)the vessel identification numbers and the name of the fishing vessel; (c)the name of the port of destination and the purposes of the call, such as landing, transhipment or access to services; (d)the dates of the fishing trip and the relevant geographical areas in which the catches were taken; (e)the date and time of departure from port and the estimated date and time of arrival at port; (f)the FAO alpha-3 code of each species; (g)the quantities of each species recorded in the fishing logbook, including, as a separate entry, those below the applicable minimum conservation reference size; (h)the quantities of each species to be landed or transhipped, including, as a separate entry, those below the applicable minimum conservation reference size.” (b)paragraph 1a is inserted:

"1a.The coastal Member State may set a shorter period of prior notification for vessels flying its flag which operate exclusively within its territorial waters provided that it does not impair the ability of Member States to carry out inspections." (c)paragraph 6 is replaced by the following: "6.The Commission is empowered to adopt delegated acts in accordance with Article 119a concerning (a)the exemption of certain categories of fishing vessels from the obligation set out in paragraph 1, taking into account the quantities and type of fisheries products to be landed; (b)the extension of the prior notification obligation set out in paragraph 1 to fishing vessels of less than 12 metres’ length overall for specific fisheries; (c)the provisions applicable in the event of technical or communication failure or non-functioning of electronic recording and reporting systems for prior notification; (d)measures to be taken in case of non-receipt of prior notifications data; (e)the access to prior notification data and measures to be taken in case of data access failure.” (16)Article 18 is deleted. (17)in Article 19, the words “in Articles 17 and 18” are replaced by the words “in Article 17”. (18)Article 19a is inserted: "Article 19a Prior notification of landing in third country ports 1.Union fishing vessels shall only be authorised to land in ports outside Union waters if they have notified by electronic means the competent authorities of their flag Member State at least 3 days before the estimated time of arrival at port of the information listed in paragraph 3 and the flag Member State has not denied the authorisation to land within this period of time. 2. The flag Member State may set a shorter period, of not less than four hours, for the prior notification referred to in paragraph 1 for fishing vessels flying their flag carrying out fishing activities in third country waters, taking into account the type of fishery products and the distance between the fishing grounds and port. 3.Masters of Union fishing vessels shall submit to the flag Member State, the following information: (a)the unique trip identification number as provided on the logbook in accordance with Article 14(2)(a); (b)the vessel identification number and the name of the fishing vessel; (c)the name of the port of destination and the purposes of the call, such as landing or access to services; (d)the relevant geographical areas in which the catches were taken;

(e)the date and time of departure from port and the estimated date and time of arrival at port; (f)the FAO alpha-3 code of each species; (g)the quantities of each species recorded in the fishing logbook. (h)the quantities of each species to be landed. 4.Where, on the basis of the analysis of the information submitted and other information available, there are reasonable grounds to believe that the fishing vessel is not complying with the rules of the common fisheries policy, the competent authorities of the flag Member State shall request the cooperation of the third country where the vessel intends to land in view of a possible inspection. For this purpose the flag Member State may require the fishing vessel to land in a different port, or delay the time of arrival at port or of landing." (19)In Article 20 the following paragraphs 2a and 2b are inserted: "2a. Without prejudice to Article 4(4) of Council Regulation (EC) No 1005/2008 and Article 43(3) of this Regulation, Union donor vessels and Union receiving vessels shall only be authorised to tranship at sea outside Union waters or in ports of third coutries subject to an authorisation received from their flag Member State(s). 2b. In order to apply for an authorisation to tranship under paragraph 2a, the masters of Union vessels shall submit electronically to their flag Member State, at least 3 days before the planned transhipment operation, the following information: (a)the unique trip identification number as provided on the logbook in accordance with Article 14(2)(a); (b)the vessel identification numbers and the name of both the donor and the receiving fishing vessels; (c)the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken; (d)the estimated quantities of each species in kilograms in product weight and in live weight, broken down by type of product presentation; (e)the port of destination of the receiving fishing vessel; (f)date and time of the planned transhipment; (g)the geographical position or the specific name of the port in which the transhipment operation is planned." (20)Article 21 is replaced by the following: “Article 21 Completion of the transhipment declaration 1.Masters of Union fishing vessels of 10 metres’ length overall or more involved in a transhipment operation shall complete an electronic transhipment declaration. 2.The transhipment declaration referred to in paragraph 1 shall contain at least the following information:

(a)the unique trip identification number as provided on the logbook in accordance with Article 14(2)(a); (b)the vessel identification numbers and the name of both the donor and the receiving fishing vessels; (c)the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken; (d)the estimated quantities of each species in kilograms in product weight and in live weight, broken down by type of product presentation or, where appropriate, the number of individuals, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size; (e)the port of destination of the receiving fishing vessel and estimated date and time of arrival; (f)date and time of transhipment; (g)the geographical area or the designated port of transhipment; (h)the conversion factors used. 3.When compared with the quantities landed or the result of an inspection, the permitted margin of tolerance in estimates recorded in the transhipment declaration of the quantities in kilograms of fish retained on board shall be 10 % per species. 4.The masters of both the donor and the receiving fishing vessel shall each be responsible for the accuracy of the data recorded in their respective transhipment declarations. 5.To convert stored or processed fish weight into live fish weight for the purposes of transhipment declaration, masters of fishing vessels shall apply a conversion factor established pursuant to Article 14(9). 6.The Commission is empowered to adopt delegated acts in accordance with Article 119a to exempt certain categories of fishing vessels from the obligation laid down in paragraph 1, taking into account the quantities and/or type of fisheries products.” (21)Articles 22, 23 and 24 are replaced by the following: "Article 22 Electronic transmission of transhipment declaration data 1.Masters of Union fishing vessels of 10 metres’ length overall or more shall send by electronic means the information referred to in Article 21 to the competent authority of their flag Member State within 24 hours after completion of the transhipment operation. 2.The competent authorities of a coastal Member State shall accept electronic reports received from the flag Member State containing the data from fishing vessels referred to in paragraphs 1. 3.When a Union fishing vessel tranships its catches in a Member State other than its flag Member State, the competent authorities of the flag Member State shall immediately upon receipt forward the transhipment declaration data by electronic means to the competent authorities of the Member State where the catch was transhipped and where the catch is destined. 4.The Commission is empowered to adopt delegated acts in accordance with Article 119a concerning: (a)the provisions applicable in the event of technical or communication failure or non-functioning of electronic recording and reporting systems for transhipment data;

(b)measures to be taken in case of non-receipt of transhipment data; (c)the access to transhipment data and measures to be taken in case of data access failure. 5.The Commission may by means of implementing acts, lay down detailed rules on: (a)the format and content of the transhipment declaration; (b)the completion and electronic recording of transhipment data; (c)the functioning of the electronic recording and reporting system for transhipment data; (d)the requirements for the transmission of transhipment data from a Union fishing vessel to the competent authorities of its flag Member State and return messages from the authorities of the flag Member State; (e)the requirements and format for exchange of transhipment information between Member States; (f)the tasks of the single authority referred to in Article 5(5) with regard to transhipments; (g)the frequency of transhipment data transmissions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). Article 23 Completion of the landing declaration 1.The master of a Union fishing vessel, or its representative, shall complete an electronic landing declaration. 2.The landing declaration referred to in paragraph 1 shall contain at least the following information: (a)the unique fishing trip identification number; (b)the vessel identification numbers and the name of the fishing vessel; (c)the FAO alpha-3 code of each species landed and the relevant geographical area in which the catches were taken; (d)the quantities of each species landed in kilograms of product weighed in accordance with Article 60 and in live weight, broken down by type of product presentation, or, where appropriate, the number of individuals, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size; (e)the port of landing;

(f)date and time of landing; (g)the registration number of the weigher; (h)the conversion factors used. 3.The accuracy of the data recorded in the landing declaration shall be the responsibility of the master. 5.To convert stored or processed fish weight into live fish weight for the purposes of the landing declaration, masters of fishing vessels shall apply a conversion factor established pursuant to Article 14(9). Article 24 Electronic transmission of landing declaration data 1.The master of a Union fishing vessel or their representative shall submit by electronic means the information referred to in Article 23 to the competent authority of their flag Member State within 24 hours after completion of the landing. 2.By way of derogation for fisheries products for human consumption landed unsorted which are weighed in accordance with Article 60(5)(c), the master shall submit the information referred to in Article 23 as updated immediately after the second weighing, to include the result of the second weighing. 3.When a Union fishing vessel lands its catches in a Member State other than its flag Member State, the competent authorities of the flag Member State shall immediately upon receipt forward the landing declaration data by electronic means to the competent authorities of the Member State where the catch was landed. 4.The competent authorities of a coastal Member State shall accept electronic reports received from the flag Member State containing the data from fishing vessels referred to in paragraphs 1 and 2. 5.The Commission is empowered to adopt delegated acts in accordance with Article 119a concerning: (a)derogations concerning the submission of the landing declaration; (b)the provisions applicable in the event of technical or communication failure or non-functioning of electronic recording and reporting systems for landing declaration data; (c)measures to be taken in case of non-receipt of landing declaration data; (d)the access to landing declaration data and measures to be taken in case of data access failure. 6.The Commission may, by means of implementing acts, lay down detailed rules on: (a)the format and content of the landing declaration; (b)the completion and digital recording of landing declaration data; (c)the functioning of the electronic recording and reporting system for landing declaration data;

(d)the requirements for the transmission of landing declaration data from a Union fishing vessel to the competent authorities of its flag State and return messages from the authorities; (e)the requirements and format for exchange of landing declaration data between Member States; (f)the tasks of the single authority referred to in Article 5(5), as regards landing declarations; (g)the frequency of transmissions of landing declaration data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)." (22)Article 25 is deleted. (23)In Section 1 of Chapter 1 of Title IV, the following Article 25a is inserted: “Article 25a Control of the landing obligation 1.Member States shall ensure effective control of the landing obligation. For this purpose a minimum percentage of fishing vessels fishing for species subject to the landing obligation and flying their flag established in accordance with paragraph 2, shall be equipped with continuously recording Closed-Circuit Television (CCTV) systems incorporating data storage. 2.The percentage of fishing vessels referred to in paragraph 1 shall be established for different risk categories in specific control and inspection programmes adopted pursuant to Article 95. Those progammes shall also determine the risk categories and the types of fishing vessels included in such categories. 3. In addition to the CCTV systems referred to in paragraph 1, Member States may require the use of other electronic monitoring systems for the purpose of controlling the landing obligation. 4.The Commission may, by means of implementing acts, lay down detailed rules on the requirements, technical specifications, installation and functioning of the electronic monitoring systems for the control of the landing obligation, including continuously recording CCTV systems. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).” (24)Article 28 is deleted. (25)in Article 29(3), the last sentence is deleted. (26)Article 32 is deleted. (27)Article 33 is replaced by the following: “Article 33 Recording of catches and fishing effort

1.Each flag Member State shall record all data related to catches and fishing effort referred to in this Regulation, in particular data referred to in Articles 14, 21, 23, 55, 59a, 62, 66 and 68, and shall keep the originals of those data for a period of at least three years in accordance with national rules. 2.Before the 15th of each month, each flag Member State shall submit electronically to the Commission or the body designated by it, the aggregated data: (a)on the quantities of each stock or group of stocks caught and kept on board, and on the quantities of each species discarded, in live-weight equivalent, during the preceding month, including, as separate entries, those below the applicable minimum conservation reference size; (b)on the fishing effort deployed during the preceding month for each fishing area subject to a fishing effort regime or, where appropriate, for each fishery subject to a fishing effort regime. 3.In cases where the data submitted by a Member States in accordance with paragraph 2 is based on estimates for a stock or group of stocks, the Member State shall provide to the Commission the corrected quantities established on the basis of landing declarations as soon as available and no later than 12 months after the date of landing. 4.In the case where a Member State detects inconsistencies between the information submitted to the Commission in accordance with paragr