Communication from the Commission to the Council and the European Parliament - Behaviour which seriously infringed the rules of the common fisheries policy in 2000
Date: 2001-11-12
Institutions: European Commission
Subjects: common fisheries policy, fishing controls, fishing regulations, infringement of EU law

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 12.11.2001
COM(2001) 650 final

COMMUNICATION FROM THE COMMISSION
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

Behaviour which seriously infringed the rules of the common fisheries policy in 2000

COMMUNICATION FROM THE COMMISSION
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

Behaviour which seriously infringed the rules of the common fisheries policy in 2000

1.

LEGAL FRAMEWORK

The issue of infringements and penalties plays a key role in the control of fisheries. Ideally,
the  best  solution  would  be  a  coordinated  system  under  which  penalties  of  equal  severity
would  be  applied  for  comparable  infringements  across  the  whole  of  the  EU.  Unless
Community fishermen can be persuaded that penalties are equally stringent in all the Member
States, the individual member countries are going to face enormous difficulties in putting in
place effective deterrent arrangements.

The Commission has made several attempts to make headway in this direction. It has received
the support of the European Parliament but failed to win the backing of the Council. Virtually
all the Member States have raised objections to the introduction of such a system, quoting the
principles of national competence and legal independence.

It was therefore considered preferable to put forward an approach which is realistic, based on
assurances  of  transparency  regarding  the  action  taken  in  response  to  the  most  flagrant
breaches.  The  Commission  Communication  on  fisheries  monitoring  under  the  CFP1
emphasised  this  point.  Information  forwarded  to  the  Commission  should  at  the  very  least
make  it  possible  for  valid  comparisons  to  be  made  in  order  to  ensure  effectiveness  and
fairness between  the Member  States in  the  application  of penalties.  The Commission  action
plan on 'Improving the enforcement of the CFP'2 in the same way suggested the establishment
of a list of serious infringements and rules for the transmission of data to the Commission on
the action taken as a result of infringements.

The  Commission  proposed  therefore,  on  the  occasion  of  the  amendment  of  Council
Regulation (EEC) No 2847/933 (the 'Control Regulation') in 1998, that the Council adopt a list
of  serious  infringements.  During  the  discussions  in  the  Council,  however,  several  Member
States  again  brought  up  the  issue  of  national  competence  in  relation  to  infringements.  In  a
spirit  of  compromise  the  Council  decided  to  replace  the  legal  term  "serious  infringements"
with "types of behaviour which seriously infringe the rules of the common fisheries policy".

Council  Regulation  (EC)  No  1447/19994  introduced  a  list  of  the  types  of  behaviour  in
question  which  is  based  on  the  main  obligations  imposed  by  the  Community  rules  on
fisheries.  The  breaches  included  in  the  list  are  linked  to  the  most  important  rules  under  the
policies  on  stock  conservation,  monitoring/control  and  the  market  and  are  based  on  similar
lists adopted by the regional fisheries organisations such as NAFO. They are grouped under
five main headings and cover:

1

2

3

4

COM(1998) 92 final, 19.2.1998.
SEC(1998) 949 final, 5.6.1998.
OJ L 261, 20.10.1993.
OJ L 167, 2.7.1999.

2

                                                
(cid:1)  Cooperation with the control authorities: obstructing the work of national and Community

fisheries inspectors or observers; falsifying or destroying evidence;

(cid:1)  Conditions which must be met when fishing: fishing without holding a fishing licence or
permit  issued  by  a  Member  State  or  the  Commission;  falsifying  the  content  of  these
documents;  falsifying  or  concealing  the  name,  registration  or  identifying  marks  of  the
vessel;

(cid:1)  During  fishing  operations:  using  prohibited  gear  or  fishing  methods;  fishing  for  stocks
which are subject to a moratorium or fishing prohibition; unauthorised fishing in a specific
zone  and/or  during  a  specific  period;  failure  to  comply  with  the  rules  relating  to  the
keeping  on  board  or  the  conservation  of  fishery  products  and  the  rules  relating  to
transhipment;

(cid:1)  Monitoring  resources:  falsifying  data  in  logbooks,  landing  declarations  and  sales  notes;
tampering  with  the  satellite-based  vessel  monitoring  system;  failure  to  comply  with  the
rules on remote transmission of vessel movements;

(cid:1)  The  marketing  of  fishery  products:  landing,  placing  for  sale  and  transporting  fishery
products  not  meeting  the  marketing  standards,  in  particular  those  concerning  minimum
sizes.

The  establishment  of  this  list  does  not  mean  that  penalties  have  been  coordinated  at
Community level. By contrast, its adoption and the obligation imposed on Member States of
reporting  to  the  Commission  on  the  action  taken  when  breaches  are  found  aims  to  ensure
greater  transparency  in  order  that  fishermen  will  have  greater  confidence  in  the  control
authorities  and  so  that  comparisons  can  be  made  of  the  effectiveness  of  the  national
arrangements.

The  procedure  for  notifying  the  Commission  of  any  action  taken  was  laid  down  in
Commission Regulation (EC) No 2740/19995 which sets out in detail the information which
Member States must forward to the Commission in cases where serious breaches have been
uncovered  by  the  Member  States'  monitoring  authorities  that  have  been  the  subject  of  an
official  report.  Details  of  the  breaches,  including  the  type  of  proceedings  initiated,  the
decisions  or  ruling  made  at  the  different  levels  (instances)  and  the  nature  of  the  penalties
imposed must be forwarded. Cases that have not been the subject of an official report are not
included in the report therefore and the Commission has no information about them, or about
the total number of serious infringements committed.

2.

THE 2000 FISHING YEAR

Member States were to send their first report on cases uncovered in 2000 to the Commission,
by  electronic  transmission,  by  31  March  2001.  To  that  end  the  Commission  presented  an
electronic  format  at  the  meeting  of  the  Experts'  Group  on  Monitoring  and  Control  on  21
February 2000 (working paper: FIDES II Message Definition6).

This Communication is based on the data received from the Member States and satisfies the
requirement laid down in Article 2 of Commission Regulation (EC) No 2740/1999.

5

6

OJ L 328, 22.12.1999.
FIDES: Fisheries Information Data Exchange System

3

                                                
All  the  Member  States,  with  the  exception  of  France,  presented  their  reports  to  the
Commission.  The  majority  of  them  were  received  after  the  31  March  deadline,  however
(Annex  I).  Furthermore,  the  reports  from  Spain,  Italy,  Luxembourg  (which  reported  that  no
serious  breach  had  been  found),  the  Netherlands  and  Austria  were  sent  by  post  and  not  by
electronic means.

In  addition,  during  the  processing  and  management  of  the  data  from  the  Member  States,
certain technical problems came to light, with the result that some reports could be examined
in part only. For example,

(cid:1)  the  Belgian  report  contained  19  entries  using  codes  that  are  not  listed  in  Annex  II  to

Regulation (EC) No 2740/1999;

(cid:1)  the  Spanish  report,  sent  by  mail,  was  incomplete  (no  indication  of  case  number,  zone  or
nationality/flag  of  the  fisherman/vessel  which  committed  the  breach),  illegible7  (in  many
cases penalties, shown in national currency  and not in euros, were illegible) or contained
information that was not required (data covering the years 1998-99);

(cid:1)  the  Italian  report,  sent  by  mail,  was  incomplete  (no  indication  of  case  number,  date  or
nationality/flag  of  the  fisherman/vessel  which  committed  the  breach)  or  contained
information that was not required (data covering the years 1997-99);

(cid:1)  the Netherlands report, sent by mail, was largely illegible 7.

The summary tables below have been drawn up using the reports from the Member States:

(cid:1)  Number of cases discovered by type of behaviour and by Member State (Annex II);

(cid:1)  Number  of  cases  discovered  by  nationality  of  perpetrator  and  by  Member  State  (Annex

III);

(cid:1)  Type of proceedings initiated by type of behaviour and by Member State (Annex IV);

(cid:1)  Number of cases where penalties were imposed by type of behaviour and by Member State

(Annex V);

(cid:1)  Average fine by type of behaviour and by Member State (Annex VI);

(cid:1)  Number of seizures by type of behaviour and by Member State (Annex VII);

(cid:1)  Number of cases discovered by type of behaviour and by fishing zone (Annex VIII);

(cid:1)  Number of cases discovered  at  ports by  type of behaviour  and  by  Member  State  (Annex

IX).

For  the  reasons  explained  above,  only  Annex  II  contains  data  relating  to  cases  notified  by
Spain, Italy and the Netherlands.

7

A reminder to Member States to submit their reports electronically went unobserved.

4

                                                
2.1.

BELGIUM

Belgium  discovered  and  reported  68  serious  breaches  covering  5  types  of  behaviour.  In  19
cases, the type of behaviour was not specified. Forty-nine cases concerned vessels flying the
Belgian flag or involved Belgian fishermen. The majority (23 cases) concerned the falsifying
of  data  required  in  the  control  documents  [E1].  Criminal  proceedings  were  initiated  in  all
cases and penalties imposed in 31. The average fine in 20 cases was EUR 556, ranging from
EUR 1  250  for  the  use  or  holding  on  board  of  prohibited  gear  [D1]  to  EUR 250  for  the
falsifying of  the data  required in the control documents  [E1]. For  this type  of  infringement,
Belgium in addition ordered the seizure of catches in 11 cases.

2.2.

DENMARK

Denmark  discovered  and  reported  163  serious  breaches  (153  concerning  vessels  flying  the
Danish  flag  or  involving  Danish  fishermen)  covering  9  types  of  behaviour.  The  two  main
types of infringement were the use or holding on board of prohibited gear [D1] (59 cases) and
the falsifying of data required in the control documents [E1] (44 cases). Criminal proceedings
were initiated in 61 cases, administrative procedures in 95 cases and joint administrative and
criminal proceedings in 6 cases. Fines were imposed in 133 cases. The average fine was EUR
727 and ranged from EUR 530 for the falsifying of the data required in the control documents
[E1]  to  EUR 4  919  for  unauthorised  fishing.  In  addition,  Denmark  ordered  the  seizure  of
catches or gear in 12 cases.

2.3.

GERMANY

Germany  discovered  and  reported  98  infringements  covering  9  types  of  behaviour  (86
concerned vessels flying the German flag or involved German fishermen). The majority (49)
concerned  the  falsifying  of  the  data  required  in  the  control  documents  [E1].  All  cases  were
subject to administrative follow-up and penalties were imposed in 72 cases. The average fine
was  EUR 495  and  ranged  from  EUR  53  for  failure  to  observe  the  rules  on  minimum  sizes
[D6] to EUR 1 620 for the use or holding on board of prohibited gear [D1]. No seizures were
reported by Germany.

2.4.

GREECE

Greece discovered and reported 384 serious breaches (only one concerned a vessel flying the
flag of a third country) involving 9 types of behaviour. The two main types of behaviour were
unauthorised  fishing  [D5]  (150  cases)  and  the  use  of  prohibited  fishing  methods  [D2]  (108
cases). Administrative procedures were carried out in 339 cases and joint administrative and
criminal  proceedings  in  37  cases.  Penalties  were  imposed  in  356  cases.  The  average  fine
imposed in 352 cases was EUR 1 181, ranging from EUR 293 for failure to meet marketing
standards [F2] to EUR 2 142 for the use of prohibited fishing methods. In 119 cases gear and
catches were seized.

2.5.

SPAIN

Spain  discovered  and  reported  723  serious  infringements  (flag/nationality  unspecified)
covering 16 types of behaviour (type of behaviour not specified in 85 cases). The majority of
cases  (187)  concerned  unauthorised  fishing  [D5].  For  the  reasons  explained  above,  the
Spanish report could not be processed or examined.

5

2.6.

IRELAND

Ireland  discovered  and  reported  43  serious  breaches  (24  concerning  vessels  flying  the  Irish
flag  or  involving  Irish  fishermen)  covering  7  types  of  behaviour.  The  majority  (19  cases)
concerned  the  falsifying  of  the  data  required  in  the  control  documents  [E1].  Criminal
proceedings were initiated in 35 cases resulting in penalties. The average fine in 30 cases was
EUR  14  952,  and  ranged  from  EUR 301  for  fishing  without  holding  a  licence  or  other
authorisation  [C1]  to EUR 45 710 for unauthorised fishing  [D5].  No  seizures  were  reported
by Ireland.

2.7.

ITALY

Italy  discovered  and  reported  1  077  serious  breaches  covering  14  types  of  behaviour  (type
unspecified  in  35  cases).  The  majority  (436)  concerned  unauthorised  fishing  [D5].  For  the
reasons explained above, the Italian report could not be processed or examined.

2.8.

THE NETHERLANDS

The Netherlands discovered and reported 196 serious breaches  (flag/nationality unspecified)
covering 12 types of behaviour. The majority  of cases (100)  concerned the falsifying of the
data required in the control documents [E1]. For the reasons explained above, the Netherlands
report could not be examined.

2.9.

AUSTRIA

Austria  reported  one  serious  infringement  only  involving  failure  to  meet  the  marketing
standards for fishery products [F2], which was the subject of an administrative procedure.

2.10.

PORTUGAL

Portugal discovered and reported 1 291 serious breaches (1 140 concerning vessels flying the
Portuguese flag or involving Portuguese fishermen) covering 11 types of behaviour. The two
main types were unauthorised fishing [D5] (484 cases) and fishing without holding a licence
or  another  authorisation  [C1]  (431  cases).  Administrative  procedures  were  applied  in  1  214
cases and joint administrative and  criminal proceedings in 6 cases. The number of penalties
imposed totalled 872. The average fine in 618 cases was EUR 1 216 ranging from EUR 188
for  falsifying  the  identification  marks  of  fishing  vessels  [C3]  to  EUR 2  177  for  fishing
without authorisation [C1]. In addition, Portugal ordered the seizure of catches or gear in 289
cases.

6

2.11.

FINLAND

Finland reported one serious infringement only involving the falsifying of the data required in
the  control  documents  [E1],  which  was  the  subject  of  joint  administrative  and  criminal
proceeding.

The fine imposed was EUR 520.

2.12.

SWEDEN

Sweden discovered and reported 88 serious infringements (66 cases concerning vessels flying
the  Swedish  flag  or  involving  Swedish  fishermen)  covering  9  types  of  behaviour.  The  two
main types were unauthorised fishing [D5] (22 cases) and fishing without holding a licence or
other  authorisation  [C1]  (21  cases).  Criminal  proceedings  were  initiated  in  all  cases  and
penalties imposed in 29 cases. The average fine was EUR 316 and ranged from EUR 100 for
failure to comply with the rules on minimum sizes [D6] to EUR 448 for unauthorised fishing
[D5]. In addition, Sweden ordered the seizure of catches or gear in 13 cases.

2.13.

UNITED KINGDOM

The  United  Kingdom  discovered  and  reported  47  serious  breaches  (30  concerning  vessels
flying the UK flag or involving UK fishermen) covering 6 types of behaviour. The majority
(28  cases)  concerned  the  concerned  the  falsifying  of  the  data  required  in  the  control
documents  [E1].  An  administrative  procedure  was  applied  in  one  case  and  criminal
proceedings  in  46  cases  with  penalties  being  imposed  in  45  cases.  The  average  fine  was
EUR 10 691 and ranged from EUR 165 for fishing for stocks that are subject to a prohibition
of fishing [D4] to EUR 15 678 for falsifying the data required in the control documents [E1].
No seizures were reported by the United Kingdom.

3.

CONCLUSION

By adopting Regulation No 1447/1999 the Council aimed at improving transparency on how
Member  States  apply  sanctions  in  the  event  of  infringements  of  the  CFP  rules.  The  goal
envisaged is to create a level playing field among fishermen in order to make them adhere to
Community rules on conservation of resources.

The present document is the first attempt to have a picture of the real situation.

Since some Member States did not comply with requirements on data communication or data
are  not  always  processed  according  to  the  criteria  established  by  the  Regulation,  it  is
impossible to draw clear, coherent conclusions. Furthermore, due to the fact that a prominent
Member  State  in  this  sector  (France)  has  not  felt  the  need  to  send  data  at  all,  any
comprehensive analysis seems to be out of reach.

The  Regulation  only  requires  the  Commission  to  make  the  information  available  to  the
European  Parliament,  the  Council  and  the  Advisory  Committee  on  Fisheries  (see  Art.2(2)).
However, the tables annexed to the document will certainly raise questions and stir demands
for better enforcement of the rules.

Having  considered  the  data  available,  the  Commission  wishes  to  draw  the  following
conclusions:

7

(cid:2)

(cid:2)

(cid:2)

(cid:2)

it seems that the main infringements are in the area of fishing in a given zone without
authorization  [D5  and  C1]  :  this  accounts  for  almost  half  of  the  4  180  serious
infringements  reported.  It is worth noting that  this  kind  of  infringement  is  easier  to
detect.

for constitutional or historical reasons  some  Member  States  apply  an  administrative
procedure, and others a criminal one. Even if the choice of procedure belongs to the
Member  State  as  a  prerogative  of  sovereignty,  experience  in  other  economic  fields
has shown that the most effective procedure is not necessarily the one which imposes
criminal sanctions. Some reflection on this issue is therefore required.

when comparing fines imposed on fishermen, differences between Member States are
striking. Even if the subjective aspects of the infringement (culpa), its importance or
duration, are taken into account, the level of fines imposed seems not to be a serious
deterrent to breaching the rules. Though data relating to the value of catches  seized
(when this takes place) are not available, there appears clearly a need to reach some
uniformity on penalties if we really want to influence behaviour.

there is a need to fine-tune data which are collected in order to draw up reports. For
instance,  it  is  necessary  to  have  a  more  accurate  indication  of  the  area  where  an
infringement  occurs:  there  is  no  area  indication  for  the  Mediterranean.  But  also  for
the  ICES  areas  it  would  be  important  to  have  detailed  indications,  in  particular  to
monitor  enforcement  of  special  measures  adopted  in  the  context  of  the  various
recovery plans. When possible, mention of the species concerned would also be very
useful.

Given these shortcomings, in order  to ensure  a  satisfactory  level  of  enforcement  throughout
the  Community,  improvements  of  the  existing  legislation  are  required.  Proposals  will  be
tabled in the framework of the reform of the CFP.

Reports  on  infringements  to  be  presented  in  the  years  to  come  will  be  a  real  tool  for
increasing transparency and therefore ensuring better enforcement to the extent that Member
States fulfil their obligations.

8

ANNEX I

REPORTS RECEIVED BY THE COMMISSION
BY ELECTRONIC TRANSMISSION

Member State

Received
(Deadline: 31 March 2001)

Comments

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

11 April 2001

30 March 2001

2 April 2001

4 May 2001

18 April 2001

by mail

not received

6 April 2001

20 April 2001

3 May 2001

30 March 2001

29 March 2001

3 May 2001

15 May 2001

18 April 2001

by mail

by mail

by mail

by mail

United Kingdom

4 April 2001

9

NUMBER OF CASES DISCOVERED BY TYPE OF BEHAVIOUR AND BY MEMBER STATE

ANNEX II

 Code Type of behaviour

BEL

DNK

DEU

GRC

ESP

FRA

IRL ITA

LUX

NLD

AUT

PRT

FIN

SWE

GBR

TOTAL

 A1 Obstructing the work of fisheries inspectors

2

2

A2

Falsifying, concealing, destroying or tampering with evidence

B1

Obstructing the work of observers

6

3

1

C1

Fishing  without  holding  a  fishing  licence,  a  fishing  permit  or  any  other
authorisation required for fishing

11

22

40

166

7

148

C2

Fishing under cover of a falsified document

C3

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

9

D1

Using or keeping on board prohibited fishing gear

8

59

6

D2

Using prohibited fishing methods

D3

Not lashing or stowing prohibited fishing gear

D4

Directed  fishing  for,  or  keeping  on  board  of,  a  species  subject  to  a
prohibition of fishing

D5

Unauthorised fishing

5

6

2

2

7

10

51

108

1

16

38

14

3

21

150

187

 D6

Failure to comply with the rules on minimum sizes

21

12

18

38

1

1

8

6

1

1

8

189

78

1

47

436

57

1

431

21

39

153

74

8

8

484

32

2

10

3

22

5

1

2

3

2

1

4

7

1

3

14

6

32

10

1

4

848

2

87

524

283

15

108

1303

218

10

Code Type of behaviour

BEL

DNK

DEU

GRC

ESP

FRA

IRL ITA

LUX

NLD

AUT

PRT

FIN

SWE

GBR

TOTAL

D7

Failure to comply with the rules and procedures relating to transhipments

E1

Falsifying or failing to record data in logbooks, etc.

23

44

49

1

E3

E4

F1

F2

E2

Tampering with the satellite-based vessel monitoring system

Deliberate  failure 
transmission of movements of fishing vessels

to  comply  with 

the  Community  rules  remote

1

3

Failure of the master of the fishing vessel of a third country 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

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

12

3

1

5

NA

Unspecified

19

1

85

3

45

11

1

85

19

40

100

31

1

1

3

32

35

25

1

1

30

28

3

5

4

19

7

Total for Member State:

68

163

98

384

723

43 1077

196

1

1291

1

88

47

11

1

426

7

53

19

58

74

139

4180

ANNEX III

NUMBER OF CASES DISCOVERED BY NATIONALITY OF PERPETRATOR AND BY
MEMBER STATE

National

Unspecified

Third country EU

TOTAL

BEL

49

8

DNK

153

DEU

86

GRC

383

ESP

FRA

IRL

24

ITA

LUX

NLD

AUT

PRT

1140

FIN

SWE

GBR

1

66

30

1

1

1932

10

11

6

9

68

163

98

384

18

43

1

1291

1

88

47

150

1

14

209

2184

4

3

1

1

21

3

33

12

TYPE OF PROCEEDINGS INITIATED (*) BY TYPE OF BEHAVIOUR AND BY MEMBER STATE

BEL

DNK

DEU

GRC

ESP

FRA

IRL

ITA

LUX

NLD

AUT

PRT

FIN

SWE

GBR

Sum :

ANNEX IV

 A1

Obstructing the work of fisheries inspectors

0 A
2 P
0A&P

A2

B1

C1

C2

Falsifying, concealing, destroying or tampering with evidence

Obstructing the work of observers

Fishing without holding a fishing licence, a fishing permit or any other
authorisation required for fishing

2 A
8 P
1A&P

22 A
0 P
0A&P

39 A
0 P
1A&P

Fishing under cover of a falsified document

C3

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

Using or keeping on board prohibited fishing gear

Using prohibited fishing methods

Not lashing or stowing prohibited fishing gear

0 A
9 P
0A&P

0 A
8 P
0A&P

50 A
9 P
0A&P

6 A
0 P
0A&P

7 A
0 P
0A&P

50 A
0 P
1A&P

75 A
0 P
33A&P

Directed fishing for, or keeping on board of, a species subject to a prohibition of
fishing

Unauthorised fishing

0 A
7 P
0A&P

Failure to comply with the rules on minimum sizes

Failure to comply with the rules and procedures relating to transhipments

4 A
1 P
0A&P

0 A
5 P
1A&P

3 A
18 P
0A&P

1 A
0 P
0A&P

145 A
0 P
2A&P

16 A 0 P
0A&P

2 A
0 P
0A&P

2 A
0 P
0A&P

12 A
0 P
0A&P

13

D1

D2

D3

D4

D5

D6

 D7

0 A
4 P
0A&P

0 A 0 P
1A&P

489 A
36 P
H&C

46 A
10 P
0A&P

258 A
29 P
1A&P

148 A
8 P
33A&P

8 A
0 P
0A&P

14 A
11 P
1A&P

625 A
37 P
3A&P

63 A
26 P
0A&P

0 A
21 P
0A&P

0 A
2 P
0A&P

1 A
9 P
0A&P

0 A
3 P
0A&P

0 A
22 P
0A&P

0 A
5 P
0A&P

0 A
1 P
0A&P

0 A
2 P
0A&P

0 A
3 P
0A&P

0 A
0 P
1A&P

426 A
0 P
4A&P

39 A
0 P
0A&P

151 A
0 P
0A&P

73 A
0 P
0A&P

8 A 0 P
0A&P

7 A 0 P
1A&P

478 A
0 P
0A&P

32 A
0 P
0A&P

0 A
7 P
0A&P

0 A
1 P
0A&P

0 A
1 P
0A&P

0 A
8 P
0A&P

0 A
6 P
0A&P

0 A
1 P
0A&P

BEL

DNK

DEU

GRC

ESP

FRA

IRL

ITA

LUX

NLD

AUT

PRT

FIN

SWE

GBR

Sum :

 E1

E2

E3

E4

Falsifying or failing to record data in logbooks, etc.

0 A
23 P
0A&P

24 A
16 P
4A&P

Tampering with the satellite-based vessel monitoring system

Deliberate failure to comply with the Community rules remote transmission of
movements of fishing vessels

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

1 A
0 P
0A&P

0 A
19 P
0A&P

49 A
0 P
0A&P

1 A
0 P
0A&P

3 A
0 P
0A&P

F1 Landing of fishery products not complying with the Community rules on control and
enforcement

F2 Storing, processing, placing on sale and transporting fishery products not meeting the
marketing standards in force

12 A
0 P
0A&P

0 A
3 P
0A&P

1 A
0 P
0A&P

5 A
0 P
0A&P

NA

(*)

A =
P =
A & P =

Administrative
Criminal
Administrative+criminal

Unspecified

Sum :

0 A
19 P
0A&P

0 A
68 P
0A&P

31 A
0 P
0A&P

0 A
0 P
1A&P

0 A
5 P
0A&P

0 A 28 P
0A&P

0 A
3 P
0A&P

0 A
4 P
0A&P

0 A
19 P
0A&P

0 A
7 P
0A&P

1 A
0 P
0A&P

30 A
0 P
0A&P

105 A
91 P
5A&P

1 A
3 P
0A&P

3 A
4 P
0A&P

0 A
19 P
0A&P

12 A
7 P
0A&P

37 A
3 P
0A&P

0 A
19 P
0A&P

95 A
61 P
A&P

98 A
0 P
0A&P

339 A
0 P
37A&P

0 A
35 P
0A&P

1 A
0 P
0A&P

1214 A
0 P
A&P

0 A
0 P
1A&P

0 A
88 P
0A&P

1 A
46 P
0A&P

1748 A
298 P
50A&P

14

NUMBER OF CASES WHERE PENALTIES WERE IMPOSED* BY TYPE OF BEHAVIOUR AND BY MEMBER STATE

BEL

DNK

DEU

GRC

ESP

FRA

IRL

ITA

LUX

NLD

AUT

PRT

FIN

SWE

GBR

Sum :

ANNEX V

 A1

Obstructing the work of fisheries inspectors

A2

Falsifying, concealing, destroying or tampering with evidence

0
(2)

1
(2)

B1

Obstructing the work of observers

C1

Fishing  without  holding  a  fishing  licence,  a  fishing  permit  or  any  other
authorisation required for fishing

5
(11)

15
(22)

40
(40)

C2

Fishing under cover of a falsified document

C3

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

D1

Using or keeping on board prohibited fishing gear

D2

Using prohibited fishing methods

D3

Not lashing or stowing prohibited fishing gear

D4

Directed  fishing  for,  or  keeping  on  board  of,  a  species  subject  to  a
prohibition of fishing

D5

Unauthorised fishing

D6

Failure to comply with the rules on minimum sizes

D7

Failure to comply with the rules and procedures relating to transhipments

0
(9)

1
(8)

0
(7)

E1

Falsifying or failing to record data in logbooks, etc.

17
(23)

33
(44)

E2

Tampering with the satellite-based vessel monitoring system

 E3

Deliberate  failure 
transmission of movements of fishing vessels

to  comply  with 

the  Community  rules  remote

10
(10)

43
(51)

104
(108)

0
(1)

139
(150)

14
(18)

1
(1)

55
(59)

6
(6)

4
(5)

1
(6)

20
(21)

2
(2)

2
(2)

6
(12)

36
(49)

1
(1)

3
(3)

15

7
(7)

1
(1)

1
(1)

8
(8)

6
(6)

1
(1)

19
(19)

1
(1)

297
(431)

27
(39)

124
(153)

54
(74)

8
(8)

1
(8)

348
(484)

24
(32)

11
(31)

1
(1)

2
(21)

1
(2)

10
(10)

1
(1)

2
(2)

3
(3)

26
(28)

3
(3)

1
(3)

12
(22)

1
(5)

3
(5)

3
(4)

1
(4)

1
(1)

366
(532)

38
(59)

241
(290)

166
(190)

8
(8)

15
(26)

505
(674)

68
(91)

147
(201)

4
(4)

6
(7)

BEL

DNK

DEU

GRC

ESP

FRA

IRL

ITA

LUX

NLD

AUT

PRT

FIN

SWE

GBR

Sum :

 E4

F1

F2

Failure  of  the  master  of  the  fishing  vessel  of  a  third  country  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

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

12
(12)

2
(3)

1
(1)

5
(5)

NA

Unspecified

* 

in brackets, the number of cases discovered

13
(19)

31
(68)

Sum :

1
(19)

5
(7)

0
(1)

25
(30)

1
(19)

17
(19)

33
(40)

13
(19)

133
(163)

72
(98)

356
(384)

35
(43)

0
(1)

872
(1291)

1
(1)

29
(88)

45
(47)

1574
(2184)

16

AVERAGE FINE * BY TYPE OF BEHAVIOUR AND BY MEMBER STATE

ANNEX VI

 Code Type of behaviour
 A1 Obstructing the work of fisheries inspectors

A2

Falsifying, concealing, destroying or tampering with evidence

B1

Obstructing the work of observers

BEL

DNK

DEU

GRC

ESP

FRA

IRL

ITA

LUX

NLD

AUT

PRT

FIN

SWE

1342
(1)

GBR TOTAL
1342
(1)

C1

Fishing  without  holding  a  fishing  licence,  a  fishing  permit  or  any  other
authorisation required for fishing

4919
(3)

1194
(15)

748
(39)

C2

Fishing under cover of a falsified document

C3

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

D1

Using or keeping on board prohibited fishing gear

1250
(1)

593
(5)

1620
(6)

D2

Using prohibited fishing methods

D3

Not lashing or stowing prohibited fishing gear

D4

Directed  fishing  for,  or  keeping  on  board  of,  a  species  subject  to  a
prohibition of fishing

D5

Unauthorised fishing

D6

Failure to comply with the rules on minimum sizes

D7

Failure to comply with the rules and procedures relating to transhipments

E1

Falsifying or failing to record data in logbooks, etc.

 E2

Tampering with the satellite-based vessel monitoring system

1073
(1)

369
(18)

250
(7)

530
(32)

124
(2)

1275
(2)

53
(6)

88
(36)

1025
(1)

17

587
(10)

535
(43)

2142
(101)

928
(139)

671
(14)

1467
(1)

301
(4)

685
(1)

14537
(5)

21998
(4)

45710
(1)

16020
(15)

2177
(213)

188
(5)

592
(74)

1729
(17)

190
(5)

399
(1)

693
(270)

453
(17)

200
(2)

170
(1)

4568
(10)

270
(1)

448
(12)

100
(1)

165
(1)

6465
(2)

877
(3)

939
(9)

520
(1)

153
(3)

15678
(26)

4010
(3)

1910
(276)

468
(16)

904
(140)

2589
(123)

190
(5)

9897
(9)

899
(427)

454
(59)

5236
(130)

3264
(4)

Code Type of behaviour
 E3 Deliberate  failure 

to  comply  with 

the  Community  rules  remote

transmission of movements of fishing vessels

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

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

BEL

DNK

DEU

GRC

ESP

FRA

IRL

ITA

LUX

NLD

AUT

PRT

FIN

SWE

176
(3)

433
(3)

170
(1)

181
(5)

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

671
(2)

171
(1)

293
(5)

1329
(7)

E4

F1

F2

GBR TOTAL
305
(6)

170
(1)

181
(5)

819
(15)

677
(12)

NA

Unspecified

Average for Member State

677
(12)

556
(20)

* 

in brackets, the number of cases where a fine was imposed

727
(62)

495
(72)

1181
(352)

14952
(30)

1216
(618)

520
(1)

316
(29)

10691
(45)

1789
(1229)

18

ANNEX VII

NUMBER OF SEIZURES * BY TYPE OF BEHAVIOUR AND BY MEMBER STATE

BEL

DNK

DEU

GRC

ESP

FRA

IRL

ITA

LUX

NLD

AUT

PRT

FIN

SWE

GBR

Sum :

 A1

Obstructing the work of fisheries inspectors

0
(2)

0
(2)

A2

Falsifying, concealing, destroying or tampering with evidence

B1

Obstructing the work of observers

C1

Fishing  without  holding  a  fishing  licence,  a  fishing  permit  or  any  other
authorisation required for fishing

2
(11)

0
(22)

18
(40)

C2

Fishing under cover of a falsified document

C3

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

D1

Using or keeping on board prohibited fishing gear

D2

Using prohibited fishing methods

D3

Not lashing or stowing prohibited fishing gear

D4

Directed  fishing  for,  or  keeping  on  board  of,  a  species  subject  to  a
prohibition of fishing

D5

Unauthorised fishing

D6

Failure to comply with the rules on minimum sizes

D7

Failure to comply with the rules and procedures relating to transhipments

0
(9)

0
(8)

0
(7)

E1

E2

 E3

Falsifying or failing to record data in logbooks, etc.

10
(23)

4
(44)

Tampering with the satellite-based vessel monitoring system

Deliberate  failure 
transmission of movements of fishing vessels

to  comply  with 

the  Community  rules  remote

0
(10)

16
(51)

38
(108)

0
(1)

35
(150)

12
(18)

0
(1)

4
(59)

0
(6)

0
(5)

1
(6)

1
(21)

0
(2)

0
(2)

0
(12)

0
(49)

0
(1)

0
(3)

19

0
(7)

0
(1)

0
(1)

0
(8)

0
(6)

0
(1)

0
(19)

1
(1)

95
(431)

8
(39)

62
(153)

38
(74)

5
(8)

1
(8)

74
(484)

13
(32)

0
(31)

0
(1)

0
(21)

1
(2)

0
(10)

0
(1)

0
(2)

0
(3)

0
(28)

0
(3)

1
(3)

9
(22)

1
(5)

1
(5)

0
(4)

0
(4)

1
(1)

115
(532)

8
(59)

83
(290)

76
(190)

5
(8)

2
(26)

119
(674)

27
(91)

15
(201)

0
(4)

0
(7)

BEL

DNK

DEU

GRC

ESP

FRA

IRL

ITA

LUX

NLD

AUT

PRT

FIN

SWE

GBR

Sum :

 E4

F1

F2

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

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

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

0
(12)

0
(3)

0
(1)

0
(5)

NA

Unspecified

* 

in brackets, the number of cases discovered    

1
(19)

11
(68)

Sum :

0
(19)

0
(7)

0
(1)

24
(30)

0
(19)

0
(19)

24
(40)

1
(19)

12
(163)

0
(98)

119
(384)

0
(43)

0
(1)

289
(1291)

0
(1)

13
(88)

0
(47)

444
(2184)

20

NUMBER OF CASES DISCOVERED BY TYPE OF BEHAVIOUR AND BY FISHING ZONE

ANNEX VIII

IIIa IIIan IIIas

IIIb

IIIc

IIId

IVa

IVb

IVc

Via

VIb

VIIa

VIIe

VIIf

VIIg

VIIh VIIId

VIIj

TOTAL

Int.
mariti
me
waters

Interio
r  non
mariti
me
waters

Oceani
c
waters

 Code Type of behaviour

A1

Obstructing the work of fisheries inspectors

A2

Falsifying, concealing, destroying or tampering with evidence

B1

Obstructing the work of observers

C1

Fishing without holding a fishing licence, a fishing permit or
any other authorisation required for fishing

C2

Fishing under cover of a falsified document

2

124

296

1

1

34

28

78

1

1

2

C3

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

D1

Using or keeping on board prohibited fishing gear

7

D2

Using prohibited fishing methods

D3

Not lashing or stowing prohibited fishing gear

D4

Directed  fishing  for,  or  keeping  on  board  of,  a  species  subject  to  a
prohibition of fishing

11

67

54

4

20

4

1

D5

Unauthorised fishing

9

159

310

D6

Failure to comply with the rules on minimum sizes

6

16

D7

Failure 
transhipments

to  comply  with 

the  rules  and  procedures  relating 

to

2

3

1

3

4

1

1

8

5

21

4

1

6

5

2

9

9

7

7

4

4

7

2

1

6

2

1

0

4

1

0

66

532

0

11

0

59

1

1

2

1

110

290

2

1

3

116

190

0

13

8

26

158

674

49

0

91

0

Code Type of Behaviour

Interio
r
mariti
me
waters

Interio
r  non-
mariti
me
waters

Oceani
c
waters

IIIa IIIan IIIas

IIIb

IIIc

IIId

IVa

IVb

IVc

Via

VIb

VIIa

VIIe

VIIf

VIIg

VIIh VIIId

VIIj

TOTAL

E1

Falsifying or failing to record data in logbooks, etc.

14

2

1

34

4

E2

Tampering with the satellite-based vessel monitoring system

E3

E4

F1

F2

Deliberate  failure  to  comply  with  the  Community  rules  remote
transmission of movements of fishing vessels

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

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

2

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

NA

Unspecified

1

2

2

1

19

5

9

1

1

1

5

9

3

1

1

2

5

122

200

0

0

0

12

39

10

4

7

19

19

40

19

Total for Member State:

18

425

767

18

5

4

7

8

110

5

34

41

2

7

3

3

1

6

2

7

1

709

2183

22

NUMBER OF CASES DISCOVERED AT PORTS BY TYPE OF BEHAVIOUR AND BY MEMBER STATE

ANNEX IX

BEL

DNK

DEU

GRC

ESP

FRA

IRL

ITA

LUX

NLD

AUT

PRT

FIN

SWE

 Code Type of Behaviour
 A1 Obstructing the work of fisheries inspectors

A2

Falsifying, concealing, destroying or tampering with evidence

B1

Obstructing the work of observers

C1

Fishing without holding a fishing licence, a  fishing permit  or any
other authorisation required for fishing

C2

Fishing under cover of a falsified document

C3

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

D1

Using or keeping on board prohibited fishing gear

D2

Using prohibited fishing methods

D3

Not lashing or stowing prohibited fishing gear

D4

Directed fishing for, or keeping on board of, a species subject to a
prohibition of fishing

D5

Unauthorised fishing

D6

Failure to comply with the rules on minimum sizes

2

11

56

5

1

21

40

10

51

108

1

150

18

D7

 E1

Failure  to  comply  with  the  rules  and  procedures  relating  to
transhipments

Falsifying or failing to record data in logbooks, etc.

11

44

1

23

GBR TOTAL
2

1

59

10

109

108

7

157

49

1

18

91

1

8

1

1

6

10

17

BEL

DNK

DEU

GRC

ESP

FRA

IRL

ITA

LUX

NLD

AUT

PRT

FIN

SWE

GBR

TOTAL

1

1

30

74

12

39

2

19

645

Code Type of behaviour
 E2

Tampering with the satellite-based vessel monitoring system

E3

E4

F1

F2

Deliberate  failure  to  comply  with  the  Community  rules  remote
transmission of movements of fishing vessels

Failure  of  the  master  of  the  fishing  vessel  of  a  third  country  to
comply  with  the  applicable  control  rules  when  operating  in
Community waters
Landing  of  fishery  products  not  complying  with  the  Community
rules of control and enforcement

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

12

3

5

NA

Unspecified

2

Total for Member State:

13

154

384

24