Commission Regulation (EC) No 2740/1999 of 21 December 1999 laying down detailed rules for the application of Council Regulation (EC) No 1447/1999 establishing a list of types of behaviour which seriously infringe the rules of the common fisheries policy
Date: 1999-12-21
Institutions: European Commission
Subjects: common fisheries policy, fishing regulations, infringement of EU law

L 328/62

EN

Official Journal of the European Communities

22. 12. 1999

COMMISSION REGULATION (EC) No 2740/1999

of 21 December 1999

laying down detailed rules for the application of Council Regulation (EC) No 1447/1999
establishing a list of types of behaviour which seriously infringe the rules of the common fisheries
policy

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1447/1999 of 24
June 1999 establishing a list of types of behaviour which
seriously infringe the rules of the common fisheries policy (1),
and in particular Article 2(4) thereof,

(1) Whereas, under Article 2(1) of Regulation (EC) No
1447/1999, Member States must notify the Commission
of instances of behaviour which seriously infringe the
rules of the common fisheries policy discovered by the
Member States' monitoring authorities and provide it
with all
information regarding action taken by the
administrative and/or judicial authorities;

(2) Whereas details of the information to be notified, the
dates for such notifications and the format to be used
should therefore be specified;

(3) Whereas, under Article 2(2) of Regulation (EC) No
1447/1999, the Commission must make the informa-
tion it receives from the Member States available to the
Council,
the European Parliament and the Advisory
Committee on Fisheries;

(4) Whereas detailed rules on making the information in
question available to these bodies must therefore be laid
down;

(5) Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Management
Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

Article 1

eries policy which have been discovered by the Member States'
monitoring authorities and have been the subject of an official
report, specifying the nature of such infringements in accord-
ance with the typology laid down in Article 1 of Regulation
(EC) No 1447/1999 and giving details of the infringements, in
accordance with the model set out in Annex I and using the
codes set out in Annex II.

2.
They shall notify the Commission of the type of proceed-
ings initiated, the decision(s) taken (including all instances), and
the nature of the penalties imposed,

in specific terms.

shall

3. Member States
information to the
Commission, for the first time, before 31 March 2001 for the
year 2000 and thereof, by 31 March each year, for the previous
calendar year.

send this

4.
The annual report by the Member States shall include all
serious infringements, mentioned in paragraph 1, discovered in
the previous year and infringements discovered earlier on
which a decision has been taken in the previous year thus
changing the dossier.

5.
The format for notifying the relevant information by
electronic means shall be laid down in consultation with the
Member States and the Commission.

Article 2

The Commission shall present to the Council, the European
Parliament and the Advisory Committee on Fisheries a general
overview by Member State of the information received from
the Member States under Article 1 not later than 1 June each
year.

Article 3

1. Member States shall notify the Commission, by electronic
means under a specific case number, of all instances of beha-
viour which seriously infringe the rules of the common fish-

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 December 1999.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 167, 2.7.1999, p. 5.

22. 12. 1999

EN

Official Journal of the European Communities

L 328/63

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L 328/64

EN

Official Journal of the European Communities

22. 12. 1999

Codes for notifying the types of behaviour which seriously infringe the rules of the common fisheries policy

ANNEX II

Code

Type of behaviour

A1

A2

B1

C1

C2

C3

D1

D2

D3

D4

D5

D6

D7

E1

E2

E3

E4

F1

F2

Obstructing the work of fisheries inspectors in the exercise of their duties in inspecting for compliance
with the applicable Community rules

Falsifying, concealing, destroying or tampering with evidence which could be used in the course of
inquiries or judicial proceedings

Obstructing the work of observers in carrying out their duties of observing compliance with the
applicable Community rules laid down in Community law

Fishing without holding a fishing licence, a fishing permit or any other authorisation required for
fishing and issued by the flag Member State or by the Commission

Fishing under cover of one of the above documents, the content of which has been falsified

Falsifying, deleting or concealing the identification marks of the fishing vessel

Using or keeping on board prohibited fishing gear or devices affecting the selectiveness of gear

Using prohibited fishing methods

Not lashing or stowing fishing gear the use of which is prohibited in certain fishing zones

Directed fishing for, or keeping on board of, a species stocks of which are subject to a moratorium or a
prohibition of fishing

Unauthorised fishing in a given zone and/or during a specific period

Failure to comply with the rules on minimum sizes

Failure to comply with the rules and procedures relating to transhipment and fisheries operations
involving joint action by two or more vessels

Falsifying or failing to record data in logbooks, landing declarations, sales notes, takeover declarations
and transport documents or failure to keep or submit these documents

Tampering with the satellite-based vessel monitoring system

Deliberate failure to comply with the Community rules on remote transmission of movements of
fishing vessels and of data on fishery products held on board

Failure of the master of the fishing vessel of a third country or his representative to comply with the
applicable control rules when operating in Community waters

Landing of fishery products not complying with the Community rules on control and enforcement

Stocking, processing, placing on sale and transporting fishery products not meeting the marketing
standards in force,

in particular those concerning minimum sizes