Proposal for a Council Regulation establishing a Community Fisheries Control Agency and amending Regulation (EC) No 2847/93 establishing a control system applicable to the Common Fisheries Policy {SEC(2004) 448}
Date: 2004-04-28
Institutions: European Commission
Subjects: EU office or agency, common fisheries policy, fishing controls, operation of the Institutions

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.4.2004 
COM(2004) 289 final 

2004/0108 (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a Community Fisheries Control Agency and amending Regulation (EC) 
No 2847/93 establishing a control system applicable to the Common Fisheries Policy 

(presented by the Commission) 

{SEC(2004) 448} 

EN 

   EN 

 
 
 
  
  
 
 
 
 
EXPLANATORY MEMORANDUM 

1. 

SUMMARY 

The  Green  Paper1  on  the  reform  of  the  Common  Fisheries  Policy  (CFP)  sets  out, 
inter alia, problems in the area of control and enforcement of the rules of the CFP by 
Member  States  as  well  as  possible  solutions  including  the  establishment  of  a  Joint 
Inspection Structure (JIS). The Commission’s action plan for the reform of the CFP 
and  its  implementation  was  presented  in  the  Communication  on  the  reform  of  the 
CFP  (the  “roadmap”)2  in  which  the  Commission  announced  an  Action  Plan  on 
cooperation  in  enforcement  as  well  as,  following  a  feasibility  study,  a  proposal 
establishing a JIS at Community level. 

The  Communication  “towards  uniform  and  effective  implementation  of  the  CFP”3 
gives effect to these initiatives listed in the Roadmap. The concept of a Community 
Fisheries Control Agency (CFCA) was set out in this Communication for the purpose 
of the feasibility study. The Council and the European Parliament both supported this 
concept and the study. 

Representatives of Member States, meeting at Head of State or Government level, on 
13  December  2003,  in  Brussels,  welcomed  the  Commission’s  intention  to  submit, 
before  the  end  of  March  2004,  a  proposal  on  the  establishment  of  a  Community 
Fisheries Control Agency: they agreed on the urgency to establish such Agency and 
that such Agency shall have its seat in Spain. 

By  means  of  the  present  regulation  the  Commission  proposes  the  establishment  of 
the CFCA (The Agency). Its core task will be operational coordination of inspection 
and surveillance by Member States. It is expected that the Agency will create a solid 
partnership  with  and  between  Member  States  and  the  Commission  and  that  it  well 
contributes  to  a  Community  culture  of  control  and  enforcement  in  the  fisheries 
sector. 

2. 

INTRODUCTION 

2.1.  Motives of the Commission 

The  application  of  the  rules  of  the  CFP  by  Member  States  requires  a  sound 
operational control and inspection structure on the level of the Community, sufficient 
means  of  control  and  inspection  and  an  appropriate  strategy  for  the  co-ordinated 
deployment of these means.  

The objectives to be achieved are: 

• 

• 

the effective implementation of the CFP; and 

uniform inspection and enforcement throughout the Community. 

1 
2 
3 

COM (2001) 135 of 20.03.2001 
COM (2002) 181 of 28.5.2002 
COM (2003) 130 of 21.3.2003 

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Achieving these objectives is essential if the support of the fishing industry is to be 
gained for the CFP. 

The experience with the current control and inspection arrangements as organised by 
each  Member  State  has  shown  that  these  new  objectives  can  only  be  achieved  by 
reinforcing the national control and inspection structures through the creation of an 
organisation structure at Community level. 

Currently,  control  and  inspection  activities  of  the  competent  authorities  in  Member 
States are not coordinated in a systematic manner. Efforts of Member States are not 
matched  by  other  Member  States  which  may  have  other  priorities  and  practices. 
Therefore, gaps and weaknesses in control and enforcement occur at the level of the 
Community.  The  fishing  industry  complains  about  fragmented  and  uneven  control 
and  enforcement  which  is  sometimes  even  experienced  as  discriminatory  by 
fishermen. 

Most  Member  States  have  assigned,  within  the  context  of  their  legal  and 
administrative systems, the responsibility for control and enforcement of the CFP to 
several established authorities at both national and regional levels (such as fisheries 
inspectorates,  coastguards,  navy,  customs,  police,  etc.).  Many  of  these  authorities 
have duties not only in fisheries but also in other domains which make it difficult to 
coordinate fisheries control. 

It  has  been  observed,  notably  in  Member  States  where  several  authorities  are 
involved  in  control  and  enforcement  of  the  rules  of  the  CFP,  that  coordination 
between these authorities, even where based on clear rules, does not offer in all cases 
sufficient  flexibility  to  respond  in  a  timely  manner  to  the  operational  challenges  of 
fisheries control and enforcement. 

The Community’s performance on the international level is seen by third parties as 
complex  when  it  comes  to  cooperation  in  matters  pertaining  to  control  and 
enforcement  of  applicable  rules  as  Member  States  are  responsible.  Member  States 
apply  the  rules  of  the  CFP  in  accordance  with  their  own  traditions  and  practices. 
Third Parties experience cooperation with the Community in such areas as complex, 
in  particular  by  the  multiplicity  of  partners  and  traditions.  Problems  in  these  areas 
may have repercussions for the Community as a whole. 

Against  this  background,  and  notably  in  order  to  ensure  effective  control  and 
inspection  in  accordance  with  the  Community’s  international  obligations,  the 
Commission assumed over the past decade operational tasks in the area of inspection 
and  surveillance  in  international  waters.  Pursuant  to  the  Community’s  international 
obligations  under  the  Convention  on  Future  Multilateral  Cooperation  in  the 
Northwest  Atlantic  Fisheries,  since  1990,  the  Commission  has  chartered  a 
surveillance vessel in order to fulfil these tasks in the North Atlantic including, since 
2000, some tasks in the North East Atlantic under the NEAFC. Moreover since 1995, 
the Commission has operated an observer scheme for observers on board Community 
fishing vessels operating in the NAFO Regulatory Area. 

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The  Commission  will  cease  to  undertake  these  tasks  for  which  Member  States  are 
now  responsible  in  accordance  with  Articles  23,  24,  25  and  28  of  Regulation  (EC) 
No 2371/2002. The involvement of the Commission in operational matters pertaining 
to control and inspection is not compatible with its task of controlling and evaluating 
the  application  of  the  rules  of  the  CFP  by  Member  States  in  accordance  with 
Article 27 of Regulation (EC) No. 2371/2002. The Commission will concentrate on 
its core tasks under the Treaty and the CFP and should not be involved in control and 
inspection  activities  carried  out  by  Member  States  and  should  not  deal  with 
operational  matters  such  as  inspection  and  surveillance  and  operation  of  observer 
schemes. 

The carrying out of these operational tasks by the Commission has been appreciated 
by  third  countries,  the  Member  States  concerned  and  the  fishing  industry.  The 
undertaking  of  these  activities  by  the  Commission  at  sea  must  be  followed  up  by 
inspections of landings by Member States of vessels returning from the international 
waters.  However,  the  quality  of  those  inspections  is  not  always  guaranteed  and, 
therefore, compliance with applicable rules cannot always be ensured. 

2.2. 

Operational coordination 

The Commission proposes that: 

•  coherent  control  and  inspection  programmes  to  be  adopted  by  the  Commission 

(MCS4 Programmes); 

•  national  means  of  control  and  inspection  are  pooled  by  Member  States  for  joint 
deployment organised by a Community body in accordance with such control and 
inspection Programmes. 

The  Agency  will  assist  Member  States  in  complying  with  their  obligations  under 
Community  law  pursuant  to  agreements  concluded  between  the  Community  and 
third Parties. It should coordinate control and inspection activities by Member States 
to fulfil notably the international obligations of the Community in a clear, transparent 
and uniform manner. 

The establishment of the Agency will not change the responsibility of Member States 
for  control  and  enforcement  within  the  scope  of  the  CFP.  Moreover,  the  proposed 
structure  will  not  amend  the  provisions  of  Chapter  V  of  Regulation  (EC) 
No 2371/2002 nor go beyond the provisions of Art. 28 of the said Regulation. 

Joint  deployment  of  national  means  of  control  and  inspection,  in  line  with  an 
appropriate  Community  strategy,  will  be  the  core  task.  The  Agency  will  ensure 
operational co-ordination of control and inspection by Member States in the genuine 
interest of the Community as a whole.  

Operational coordination will include: 

4 

MCS  is  the  international  used  term  (FAO)  for  monitoring,  inspection  and  surveillance  of  fishing 
activities  by  authorities.  These  terms  include  inspection and  surveillance  but  also  satellite  tracking of 
fishing vessels by Vessel Monitoring Systems (VMS) and observer schemes. The MCS Programme will 
serve as the Community reference framework in the form of common priorities and procedures as well 
as bench marks 

4 

 
 
  
 
                                                 
–  planning  the  deployment  of  means  of  control  and  inspection  pooled  by  Member 

States; 

–  organising the deployment of means of control and inspection by Member States. 

Planning  the  deployment  of  means  of  control  and  inspection  will  include  forming 
multinational  teams  for  inspection  at  sea  and  ashore  in  the  interest  of  the 
Community. Organising deployment will include issuing instructions concerning the 
geographical areas, the stocks, fisheries and the fleets to be surveyed and inspected in 
a given period. 

In  practice,  an  efficient  working  relationship  between  the  Agency  and  national 
authorities must be developed. In the interest of the Community, the Agency should 
assume leadership in the deployment of means of control and inspection in close co-
operation with the competent national authorities concerned.  

The Agency will ensure that control and inspection activities by national authorities 
are fully co-ordinated. Joint deployment should optimise the use of national means. 

The  Agency  will  have  at  its  disposal  as  tool  for  organising  joint  deployment  of 
control  and  inspection  means,  a  Community  Fishing  Vessel  Monitoring  Centre 
providing  on-line,  real  time  access  to  information  on  positions  of  fishing  vessels 
flying  the  flag  of  the  Member  States  concerned.  The  Agency  will  dispose  of  all 
information whilst Member States have only the information regarding their vessels 
and their waters. 

The strength of the proposed structure lies in the clear reference framework adopted 
by  the  Commission  (priorities,  benchmarks  etc),  whilst  the  Agency  organises  the 
achievement  of  these  objectives  on  the  basis  of  national  means  of  control  and 
inspection.  The  Member  States,  on  their  part,  must  pool  their  means  and  remain 
responsible for their basic obligations in the field on control and inspection. 

2.3. 

Tasks 

As a specialised technical Community body, the Agency will carry out in addition to 
operational coordination other tasks in the area of control and inspection within the 
scope of the CFP. 

The Agency will carry out tasks relating to the obligations of the Community under 
regional  fisheries  organisations  and  bilateral  fisheries  agreements.  It  will  assist 
notably Member States in complying with their obligations in the area of control and 
inspection and it may carry out tasks on behalf of Member States. 

To this end, the Agency may provide contractual services to Member States at their 
request  and  on  their  expense.  These  services  may  include  the  chartering  and 
operation of surveillance vessels and the contracting of observers for Joint use of the 
Member States concerned. 

Furthermore, the Agency will assist Member States in the following areas: 

•  training of inspectors, 

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•  joint procurement of goods for control and inspection (gauges, logbooks) and the 
coordination of the implementation of joint pilot projects for testing new control 
and inspection technologies, 

•  development of joint operational control and inspection procedures, 

•  elaboration  of  criteria  for  provision  and  exchange  of  means  of  control  and 

inspection. 

3. 

CHOICE OF COMMUNITY STRUCTURE 

The  creation  of  a  specialised  technical  body  at  Community  level,  to  serve  as  a 
permanent  platform  for  cooperation  between  Member  States,  is  an  appropriate 
solution  to  achieve  the  above  objectives.  This  body  should  take  the  form  of  an 
Agency. 

In  the  case  of  the  proposed  CFCA5,  the  Community  legislator  may  centralise  the 
execution of specific tasks of a technical nature in an Agency in so far as these tasks 
do  not  interfere  with  the  functions  of  Community  institutions  as  laid  down  in  the 
Treaty and secondary Community legislation. Against this background, the tasks of 
the  CFCA  are  defined  in  the  area  of  operational  coordination  and  cooperation 
between  Member  States.  These  tasks  do  not  interfere  with  the  functions  of  the 
Commission under the Treaty and the CFP. 

Control  and  enforcement  of  the  rules  of  the  CFP  is  primarily  a  matter  for  public 
authorities by Member States. The Agency shall be a public body of the Community 
having legal personality. The presence of representatives of the Member States and 
the  fishing  industry  together  with  representatives  of  the  Commission  in  the 
Administrative  Board  of  the  Agency  will  enhance  the  quality  of  decision  making. 
The Director will be in charge of the operation of the Agency. In order to guarantee 
the  effectiveness  of  operational  coordination  by  this  Agency,  the  Administrative 
Board will not be involved in the day-to-day work of the staff concerning planning 
and  organisation  of  deployment  of  national  means  of  control  and  inspection  by 
Member States. 

In  connection  with  multi-annual  recovery  or  management  plans  referred  to  in 
Articles 5 and 6 of Regulation (EC) No 2371/2002, Regional Advisory Councils may 
be  concerned  by  control  and  enforcement  of  these  rules.  In  accordance  with 
Article 31(5)  of  Regulation  (EC)  No 2371/2002,  Regional  Advisory  Councils  may 
submit recommendations or suggestions to the Commission on the basis of which the 
latter may act in accordance with Art. 9(1) of the proposed regulation. 

As  a  Community  body,  the  Agency  is  bound  by  all  Community  requirements 
applicable  to  it.  The  proposed  regulation  is  drawn  up  in  accordance  with  the 
Financial Regulation applicable to the general budget of the European Communities6 
and  its  implementing  rules7,  where  possible  the  new  staff  rules  for  Community 

5 

6 
7 

The CFCA corresponds to a so-called “regulatory agency” as distinct from an Executive Agency which 
carries out Commission tasks under full control of the Commission. 
Council Regulation (EC, Euratom) No 1605/2002, OJ L 248, 16.09.2002 
Commission Regulation (EC, Euratom) No 2342/2002, OJ L 357, 31.12.2002 

6 

 
 
  
 
                                                 
personal  entering  into  force  on  1st  May  2004  as  well  as  a  number  of  other 
regulations. The proposal should reflect best practice and experience acquired to date 
regarding the establishment and functioning of Community agencies. 

4. 

CFP 

4.1. 

Common Fisheries Policy 

In the framework of the reform of the Common Fisheries Policy (CFP), Chapter V of 
Council  Regulation  (EC)  No  2371/2002  on  the  conservation  and  sustainable 
exploitation  of  fisheries  resources  under  the  CFP,8  provides  for  a  new  legal 
framework  for  a  Community  control  and  enforcement  system.  This  Chapter 
consolidates the basic principles and requirements of previous regulations. 

The Community control and enforcement system is designed to ensure that access to 
and exploitation of fish stocks is controlled throughout the whole fisheries chain and 
that compliance with the rules of the CFP, including structural and market policies, is 
enforced.  The  responsibilities  of  the  Member  States  and  the  Commission  are 
clarified, as well as the conditions for engaging in fishing and associated activities. 
Furthermore, the system lays down the control and enforcement instruments and the 
conditions  for  co-operation  and  co-ordination  between  Member  States  with  third 
Parties. 

As regards control and inspection of fishing activities beyond Community waters, the 
Community has entered into international obligations pursuant to joint international 
control  and  enforcement  schemes  and  bilateral  Fisheries  Agreements.  These 
obligations have been incorporated into Community law in specific regulations such 
as Regulation (EC) N° 2791/1999 laying down certain control measures applicable in 
the area covered by the Convention on Future multilateral cooperation in the North-
east  Atlantic  Fisheries9.  In  accordance  with  Article  11  of  that  Regulation  the 
obligations  of  the  Community  in  the  field  of  inspection  and  surveillance  are 
complied  with  by  the  Member  States  concerned.  Similar  provisions  exist  in  the 
framework of other international agreements or will be proposed by the Commission. 

4.2. 

Responsibilities of Member States 

The  basic  responsibilities  of  the  Member  States  in  the  area  of  control  and 
enforcement of the rules of the CFP are laid down in Articles 23, 24, 25 and 28 of 
Regulation  (EC)  N°  2371/2002.  Member  States  are  required  to  ensure  effective 
control, inspection and enforcement of the rules of the Common Fisheries Policy. To 
this end, Member States must adopt the measures, allocate the financial and human 
resources  and  set  up  the  administrative  and  technical  structure  necessary  for  this 
purpose.  Moreover,  Member  States  are  required  to  cooperate  with  each  other  and 
with  third  countries  to  ensure  compliance  with  the  rules  of  the  Common  Fisheries 
Policy and ensure that the control and inspection activities are coordinated. 

8 
9 

OJ L 358, 31.12.2002, p. 59 
OJ L 337, 30.12.1999, p. 1 

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4.3. 

Responsibilities of the Commission 

The responsibilities of the Commission in the area of control and enforcement of the 
rules of the CFP are laid down in particular in Articles 26 and 27 of Regulation (EC) 
N°  2371/2002  as  well  as  in  the  Treaty.  Under  the  CFP,  the  Commission  shall 
evaluate  and  control  the  application  of  the  rules  of  the  CFP  by  the  Member  States 
and  facilitate  coordination  and  cooperation  between  them.  For  the  purpose  of 
evaluating and controlling the application of the rules of the CFP by Member States, 
the Commission may, of its own accord and by its own means, initiate and carry out 
audits, inquiries, verifications and inspections concerning the application of the rules 
of the CFP by the Member States. 

As  regards  international  agreements,  the  Commission  negotiates,  on  behalf  of  the 
Community,  with  third  parties  which  may  include  joint  international  control  and 
enforcement  schemes.  Also  in  this  context  certain  tasks  have  been  allocated  to  the 
Commission  in  accordance  with  Community  law  in  particular  in  order  to  facilitate 
coordination on the level of the Community. 

In  accordance  with  Article  34c  of  Regulation  (EC)  No.  2847/93,  the  Commission 
must determine which fisheries should be subject to specific monitoring programmes 
and  the  conditions  governing  such  programmes.  Member  States  must  adopt  the 
necessary  measures  including  human  resources  and  material  resources,  to  facilitate 
the  implementation  of  these  programmes.  This  article  needs  to  be  adapted  to  the 
structure proposed by the present regulation. 

In accordance with Article 11 (2) of Regulation (EC) No 2791/1999, the Commission 
may  draw  up  joint  operational  surveillance  and  inspection  programmes  for  the 
purpose of fulfilling its obligations under the NEAFC10 scheme.  Similar provisions 
will be proposed for NAFO11 and other similar international agreements. 

5. 

THE FUNCTIONING OF THE CFCA  

The Agency will need a budget allocation that is large enough to enable it to hire its 
personnel, as described above, to fulfil its tasks and to ensure its smooth and efficient 
functioning.  For  the  first  year  (2006)  this  annual  budget  can  be  estimated  at 
approximately  €  4.9  millions  increasing  to  approximately  €  5.0  million  when  the 
Agency is fully operational. (Approximately the same amount is saved on the Budget 
the 
for 
Commission  has  withdrawn  from  providing  an  inspection  vessel  and  observers  in 
NAFO).  

to  “international  control”  (110703)  once 

the  Commission  relating 

The  Agency’s  budget  will  be  mainly  financed  by  a  contribution  from  the 
Community.  Other  sources  of  income  would  include  charges  to  Member  States  for 
specific  services  provided  to  them  on  a  contractual  basis.  The  Agency  could  also 
charge for some fees for its publications as well as for the provision of training and 
other services. It is likely, however, that such charges and fees would remain a minor 
part of the total income of the Agency.  

10 
11 

North East Atlantic Fisheries Commission 
Northwest Atlantic Fisheries Organisation 

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The  Agency  will  have  an  advantage  in  providing  the  independent  high  quality 
the 
technical  expertise,  know  how  and  managerial  capacity  necessary  for 
implementation of parts of the CFP.  

The inclusion of Member States on the Administrative Board will allow them to be 
involved in the performance of activities that relate, and give effect, to Member State 
competences. The inclusion of fishing industry representatives on the Administrative 
Board will improve the relations with the fishing industry and increase the quality of 
decision making thus enhancing the acceptability within the industry of the activities 
of the Agency.  

The  full  optimisation  of  the  operational  functioning  of  the  Agency  is  subject  to  a 
study contracted by the Commission. The report of this study will be available in the 
autumn of 2004. 

6. 

CHOICE OF THE LEGAL BASIS 

The legal basis of the proposed Regulation is Article 37 which is consistent with the 
objective  of  the  proposal  and  with  all  legislation  adopted  so  far  in  connection  with 
the Common Fisheries Policy.  

7. 

SUBSIDIARITY AND PROPORTIONALITY  

The  establishment  of  an  Agency  is  necessary  to  serve  as  a  permanent  independent 
platform to ensure operational cooperation and coordination between Member States. 
Operational coordination will be activated in all cases where it is opportune for the 
achievement of Community objectives. 

Other  solutions  based  on  voluntary  cooperation  between  Member  States  or  ad  hoc 
Community programmes without a permanent Community body would not achieve 
the objectives whilst operational coordination is not compatible with the functions of 
the Commission under the Treaty and the CFP.  

Its  independence  from  the  Commission  in  its  capacity  as  “controller  of  the 
controllers”  will  permit  it  to  establish  a  sound  relationship  with  the  national 
competent  authorities  in  Member  States  regarding  the  organisation  of  control  and 
inspection by Member States.  

The  Agency  will  support  Member  States  in  complying  with  their  obligations  under 
the  CFP  in  the  area  of  cooperation  and  coordination  of  control  and  inspection  by 
organising a rational deployment by Member States of pooled means of control and 
inspection  in  accordance  with  Community  objectives,  benchmarks,  priorities  and 
uniform inspection procedures adopted by the Commission 

The  establishment  of  the  Agency  will  also  improve  the  relations  between  the 
Community  and  outside  partners  by  centralising  contact  points  and  promoting 
uniform traditions and practices. 

The  above  mechanism  is  needed  to  balance  interests  of  individual  Member  States 
against the collective interest of ensuring proper control and enforcement of the rules 
of  the  CFP  in  areas  where  their  fishing  fleets  jointly  exploit  fish  stocks  subject  to 

9 

 
 
  
 
conservation  and  control  measures  adopted  by  the  Community.  Moreover,  this 
mechanism  will  allow  the  optimisation  of  the  cost/benefit  ratio  of  deployment 
strategies for national means of inspection and surveillance. 

8. 

COMMENTARY ON ARTICLES 

Objective (Article 1) 

This  Article  deals  with  the  objective  of  the  Regulation,  which  is  to  establish  the 
Agency  so  as  to  provide  for  the  organisation  of  the  operational  coordination  of 
fisheries control and inspection activities by the Member States and to assist them to 
cooperate as required by the CFP.  

Scope of operational coordination (Article 2) 

This  Article  makes  clear  the  scope  of  the  responsibilities  of  the  Agency  regarding 
operational  coordination  of  fisheries  control  and  inspection  activities,  ranging  form 
international waters and the waters of third countries, through Community waters on 
to the territory of Member States up to the point of first sale.  

Definitions (Article 3) 

This Article sets out some basic definitions of key terms used in the Regulation. 

Mission (Article 4) 

The  mission  of  the  Agency  is  defined  in  this  Article  and  lies  in  the  field  of 
operational coordination both in connection with the obligations of the Community 
concerning  inspection  and  surveillance  of  fishing  activities  in  international  waters 
and in Community waters, and the  provision of assistance to Member States in  the 
area of control and enforcement. 

The mission of the Agency must ensure proper implementation of notably Article 28 
of Regulation (EC) No 2371/2002. 

Tasks  relating  to  the  control  and  inspection  obligations  of  the  Community 
(Article 5) 

This Article is concerned with the tasks of the Agency that seek to give effect to the 
obligations of the Community regarding control and inspection. Such obligations are 
undertaken  by  the  Community  on  the  basis  of  international  agreements  concluded 
through Regional Fisheries Organisations and also those agreements concluded with 
third countries. The Member States are in turn bound to fulfil and give effect to those 
obligations. The tasks of the Agency are therefore to assist the Community and the 
Member  States  in  this  process,  principally  through  the  operational  coordination  of 
the control and inspection activities of the Member States. Consequently the Article 
confers the necessary powers on the Agency within tightly bound parameters.  

Organisation of operational coordination (Article 6) 

This Article is concerned with the operational coordination of inspection and control 
by  Member  States  within  Community  Waters.  A  key  element  of  this  Article  is  the 

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reference  to  the  Community  Fisheries  Monitoring  Centre  which  will  use  satellite 
tracking technology to provide a real-time picture of fishing activities and inspection 
and control opportunities. 

Provision of contractual services to Member States (Article 7) 

This  Article  will  permit  the  Agency  to  provide,  on  a  contractual  basis,  services  to 
Member  States  regarding  inspection  and  control.  Such  services  might  include  the 
chartering  and  operation  of  an  inspection  vessel  to  enable  Member  States  to  fulfil 
their  obligations  within  Community  waters  or  beyond  as  well  as  the  provision  of 
observers for existing observer schemes such as those relating to the NAFO. 

Assistance to Member States (Article 8) 

This Article will permit the Agency to provide assistance to the Member States with 
regard to duties pertaining to inspection and control. 

Control and inspection obligations of the Community (Article 9) 

This  Article  identifies  one  of  the  triggers  for  the  Agency  to  undertake  operational 
coordination, namely the undertaking by the Community of control and inspections 
obligations pursuant to an agreement relating to a regional fisheries organisation or 
an  agreement  with  a  third  country.  Such  obligations  would,  of  course,  relate  to 
fisheries activities beyond Community waters. 

Implementation of specific control and inspection programmes (Article 10) 

The other trigger for Agency activity is the adoption by the Commission of a specific 
monitoring control and inspection programme pursuant to Article 34c of Regulation 
(EEC) No 2847/93 (as amended by this Regulation). 

Content of joint deployment plans (Article 11) 

Operational  coordination  is  to  take  place  on  the  basis  of  joint  deployment  plans 
which must comply with the provisions specified in this Article. Key points to note 
are that such plans are addressed to specific Member States, those having an interest 
in  a  given  fishery,  and  their  obligation  to  pool  means  of  inspection  and  control  as 
regards the implementation of such plans is dependent on their relative ‘interest’ in 
the fishery, as defined in paragraph 2. 

Procedure for the adoption of joint deployment plans (Article 12) 

The  procedure  whereby  joint  deployment  plans  are  to  be  developed  and  adopted  is 
set out in this Article. Evidently, the content of such plans must take account of the 
obligations of Member States arising from existing joint deployment plans as well as 
applicable control and inspection programmes. 

Implementation of joint deployment plans (Article 13) 

This  Article  imposes  the  basic  duty  on  Member  States  with  regard  to  the 
implementation of joint deployment plans.  

11 

 
 
  
 
Assessment of joint deployment plans (Article 14) 

The  annual  assessment  by  the  Agency  of  each  joint  deployment  plan,  and  the 
transmission  of  such  assessments  to  the  Commission,  is  a  necessary  element  of 
evaluation.  

Notification of means of control and inspection (Article 15) 

The notification of available means of control and inspection to the Agency provides 
a key element of the basic information that the Agency will require in order to draw 
up joint deployment plans. 

Fisheries that are not subject to control and inspection programmes (Article 16) 

Where  Member  States  have  agreed  between  them  to  coordinate  their  monitoring, 
control, inspection and surveillance activities in certain areas or fisheries, the Agency 
may provide assistance if so requested. 

Information network (Article 17) 

This  article  provides  for  the  connection  of  the  Agency  to  Community  and 
international  networks  for  exchange  of  information  in  accordance  with  Community 
legislation. 

Detailed rules (Article 18) 

This  Article  permits  the  making  of  detailed  rules  by  the  Commission  regarding 
operational coordination.  

Legal status and principal office (Article 19) 

This Article deals with the legal status of the Agency and its location.  

Staff (Article 20) 

This  Article  contains  the  general  rules  concerning  the  staff  of  the  Agency.  The 
Agency  will  recruit  temporary  staff  (of  which  some  on  secondment  from  the 
Commission)  and  contractual  agents  through  Community  procedures  (European 
Personal Selection Office). 

Privileges and immunities (Article 21) 

This Article deals with the privileges and immunities conferred on the Agency and 
its staff.  

Liability (Article 22) 

This Article stipulates the liability of the Agency. 

Languages (Article 23) 

This Article is concerned with the languages of the Agency.  

12 

 
 
  
 
Creation and powers of the Administrative Board (Article 24) 

This  Article  deals  with  the  Administrative  Board  of  the  Agency.  The  Work 
Programme will be an important instrument for the management of the Agency. The 
Agency should match its priorities and in particular Community priorities in several 
areas with its human resources. The internal organisation and the allocation of staff 
to  tasks  should  be  done  in  transparent  manner  and  ensure  in  particular  balance 
between areas concerned. 

Composition of the Administrative Board (Article 25) 

This  Article  describes  the  composition  of  the  Administrative  Board  of  the  Agency. 
As regards the Member States, only those which have fishing vessels that engage in 
marine  fisheries  are  entitled  to  appoint  a  representative.  Since  the  Agency 
coordinates activities carried out by inspection craft operated by national competent 
authorities  which  may  have  duties  beyond  the fisheries  field  it  is  important  that  all 
Member States concerned are represented in the Board. The Commission is entitled 
to  appoint  4  representatives  as  well  as  nominates  4  representatives  of  the  fishing 
industry. 

Chairmanship of the Administrative Board (Article 26) 

This Article deals with the chairmanship of the Administrative Board of the Agency. 
Given  that  the  Agency  will  have  responsibilities  regarding  regional  fisheries 
organisations  and  third  countries  it  is  appropriate  that  the  Chairperson  should  be 
elected  from  among  the  Commission  representatives  on  the  Administrative  Board. 
More specifically, the Chairperson should represent the interests of the Community 
as a whole rather than a national interest. 

Meetings (Article 27) 

This Article contains provisions on the meetings of the Administrative Board of the 
Agency.  

Voting (Article 28) 

This  Article  contains  provisions  on  voting  in  the  Administrative  Board  of  the 
Agency.  Representatives  of  the  Member  States  shall  hold  each  one  vote  whilst  the 
Commission members hold jointly 10 votes. 

Declaration of interests (Article 29) 

This Article applies to the industry representatives on the Administrative Board. 

Duties and powers of the Executive Director (Article 30) 

This  Article  describes  the  functions  and  powers  of  the  Executive  Director  of  the 
Agency.  

13 

 
 
  
 
Appointment of the Executive Director (Article 31) 

This Article addresses the appointment of the Executive Director of the Agency. The 
Commission  will  make  a  short  list  of  suitable  candidates  from  which  the 
Administrative Board of the Agency appoints the Director. 

Transparency and communication (Article 32) 

This Article deals with the transparency of the Agency and the rules applicable to its 
communication.  

Confidentiality (Article 33) 

This Article imposes a duty of confidentiality on the members of the Administrative 
Board, the Executive Director and the staff of the Agency. Confidentiality will apply 
to information concerning fishing activities of individual vessels (VMS). 

Commission access to information (Article 34) 

This Article requires the Agency to fully cooperate with the Commission regarding 
the provision of information that it holds.  

Budget (Article 35) 

This Article deals with the budget of the Agency and is consistent with the existing 
legislation (see footnotes 6 and 7). 

Implementation and control of the budget (Article 36) 

This Article is concerned with the implementation and  control of  the  budget of the 
Agency and is based on the new financial regulation. 

Combating fraud (Article 37) 

This Article provides for combating fraud.  

Financial provisions (Article 38) 

This Article deals with the adoption and content of the Agency’s financial rules.  

Evaluation (Agency 39) 

This  Article  contains  an  evaluation  clause  according  to  which  the  Agency  shall 
submit itself to an independent external evaluation within five years form the date on 
which it takes up its responsibilities, and every five years thereafter.  

Start of the Agency’s activities (Article 40) 

This  Article  requires  the  commencement  of  the  operation  of  the  Agency  within 
twelve months of the entry into force of the Regulation. 

Amendment (Article 41) 

This Article amends Article 34c of Regulation (EEC) N° 2847/93. 

14 

 
 
  
 
Entry into force (Article 42) 

This Article addresses the issue of the date of entry into force of the Regulation.  

15 

 
 
  
 
2004/0108 (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a Community Fisheries Control Agency and amending Regulation (EC) 
No 2847/93 establishing a control system applicable to the Common Fisheries Policy 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 37 thereof, 

Having regard to the proposal from the Commission12, 

Having regard to the opinion of the European Parliament13, 

Whereas: 

(1) 

(2) 

(3) 

Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and 
sustainable  exploitation  of  fisheries  resources  under  the  Common  Fisheries  Policy14, 
requires Member States to ensure effective control, inspection and enforcement of the 
rules  of  the  Common  Fisheries  Policy  (the  ‘CFP’)  and  to  cooperate  with  each  other 
and with third countries to this end. 

To  fulfil  these  obligations  it  is  necessary  for  the  Member  States  to  coordinate  their 
control  and  inspection  activities  in  Community  waters  and  international  waters  with 
regard to the activities of Community fishing vessels taking into account, in particular, 
the  obligations  of  the  Community  in  with  the  framework  of  regional  fisheries 
organisations and under agreements with third countries. 

Such  cooperation,  through  the  operational  coordination  of  control  and  inspection 
activities, should contribute to the sustainable exploitation of living aquatic resources 
as  well  as  ensuring  a  level  playing  field  for  the  fishing  industry  involved  in  this 
exploitation thus reducing the distortion in competition. 

(4)  Without prejudice to the responsibilities of Member States that arise from Regulation 
(EC) No 2371/2002, there is need for a technical and administrative Community body 
to organise cooperation and  coordination between  Member States regarding fisheries 
control and inspection within Community waters and international waters.  

(5) 

To this end, it is appropriate within the Community’s existing institutional structure, 
and taking account of the repartition of competences between the Commission and the 
Member States, to establish a Community Fisheries Control Agency ("the Agency").  

12 
13 
14 

OJ C …, …, p. … 
OJ C …, …, p. … 
OJ L 358, 31.12.2002, p 59. 

16 

 
 
  
 
                                                 
(6) 

(7) 

(8) 

For  the  achievement  of  the  purposes  for  which  the  Agency  is  established,  its  tasks 
need to be defined.  

In  particular,  it  is  necessary  for  the  Agency,  at  the  request  of  the  Commission  to  be 
able to assist the Community and the Member States in their relations with the third 
countries  and/or  regional  international  fisheries  organisations  and  to  cooperate  with 
their competent authorities within the framework of the international obligations of the 
Community.  

Coordination  by  the  Agency  of  operational  cooperation  between  Member  States 
should be undertaken on the basis of joint deployment plans, which organise the use of 
the available means of control and inspection of the Member States concerned so as to 
give  effect  to  control  and  inspection  programmes  adopted  by  the  Commission. 
Fisheries control and inspection activities undertaken by the Member States should be 
carried out in accordance with common criteria, priorities, benchmarks and procedures 
regarding control and inspection activities on the basis of such programmes. 

(9) 

For  this  purpose,  the  Agency  should  dispose  of  on-line  information  on  fishing 
activities through the setting up of a Community Fisheries Monitoring Centre which is 
connected to the Member States FMCs. 

(10)  For  the  implementation  of  joint  deployment  plans,  the  Member  States  concerned 
should pool their means of control and inspection. To this end they should commit and 
make such means available and deploy them in accordance with the applicable plan. 
The  Agency  should  assess  whether  the  available  means  of  control  and  inspection 
suffice  and  where  appropriate  inform  the  Member  States  concerned  and  the 
Commission that the means are not sufficient to perform the tasks required under the 
control and inspection programme. 

(11)  The Agency should review periodically the effectiveness of joint deployment plans. 

(12)  The Agency may, where so requested, arrange the contractual provision of means of 
control  and  inspection  to  be  used  for  joint  deployment  by  the  Member  States 
concerned. 

(13)  For the purpose of fulfilling the Agency’s tasks, the Commission, the Member States 
and  the  Agency  should  exchange  relevant  information  on  control  and  inspection 
through an information network.  

(14)  The status and structure of the Agency should correspond to the objective character of 
the  results  it  is  intended  to  produce  and  allow  it  to  carry  out  its  functions  in  close 
cooperation  with  the  Member  States  and  with  the  Commission.  Consequently,  the 
Agency  should  be  granted  legal,  financial  and  administrative  autonomy  while  at  the 
same  time  maintaining  close  links  with  the  Community  institutions  and  the  Member 
States.  To  that  end,  it  is  necessary  and  appropriate  that  the  Agency  should  be  a 
Community  body  having  legal  personality  and  exercising  the  implementing  powers, 
which are conferred on it by this Regulation. 

(15)  For the contractual liability of the Agency, which is governed by the law applicable to 
the contracts concluded by the Agency, the Court of Justice should have jurisdiction 
pursuant  to  any  arbitration  clause  contained  in  the  contract.  The  Court  of  Justice 

17 

 
 
  
 
should  also  have  jurisdiction  in  disputes  relating  to  compensation  for  any  damage 
arising from the non-contractual liability of the Agency. 

(16)  The  Commission  and 

the  Member  States  should  be  represented  within  an 
Administrative Board that would be entrusted with ensuring the correct and effective 
functioning of the Agency.  

(17)  Given that the Agency has to fulfil Community obligations and, at the request of the 
Commission  to  cooperate  with  third  countries  and  regional  international  fisheries 
organisations within the framework of the international obligations of the Community, 
it is appropriate that the Chairman of the Administrative Board should be elected from 
among the Commission representatives. 

(18)  Voting  arrangements  in  the  Administrative  Board  should  take  into  account  the 
interests  of  the  Member  States  and  the  Commission  in  the  effective  operation  of  the 
Agency. It is appropriate to provide for the inclusion on the Administrative Board of a 
limited number of non-voting representatives of the fishing industry.  

(19) 

(20) 

(21) 

(22) 

(23) 

It is necessary to provide for the appointment of the Executive Director of the Agency 
as well as the rules governing the exercise of his functions. 

In  order  to  promote  the  transparent  functioning  of  the  Agency,  Regulation  (EC) 
No 1049/2001 of the European Parliament and the Council regarding public access to 
European  Parliament,  Council  and  Commission  documents15  should  apply  without 
restriction to the Agency.  

In the interest of the of the protection of the privacy of individuals, Regulation (EC) 
No 45/2001 of the European Parliament and of the Council of 18 December 2000 on 
the  protection  of  individuals  with  regard  to  the  processing  of  personal  data  by  the 
Community  institutions  and  bodies  and  on  the  free  movement  of  such  data16  should 
apply to this Regulation. 

In  order  to  guarantee  the  functional  autonomy  and  independence  of  the  Agency,  it 
should  be  granted  an  autonomous  budget  whose  revenue  comes  from  a  contribution 
from  the  Community  as  well  as  from  payments  for  contractual  services  rendered  by 
the Agency. The  Community budgetary procedure should be applicable as far as the 
Community contribution and any other subsidies chargeable to the general budget of 
the European Union are concerned. The auditing of accounts should be undertaken by 
the Court of Auditors. 

In  order  to  combat  fraud,  corruption,  and  other  unlawful  activities,  the  provisions  of 
Regulation (EC) No 1073/1999 of the European Parliament and the Council of 25 May 
1999  concerning  investigations  conducted  by  the  European  Anti-Fraud  Office 
(OLAF)17 should apply without restriction to the Agency, which should acceded to the 
Inter-institutional  Agreement  of  25  May  1999  between  the  European  Parliament,  the 
Council  of  the  European  Union  and  the  Commission  of  the  European  Communities 
concerning internal investigations by the European Anti-Fraud Office (OLAF). 

15 
16 
17 

OJ L 145, 31.5.2001, p43. 
OJ L 8, 12.1.2001, p. 1. 
OJ L 136, 31.5.1999, p 15. 

18 

 
 
  
 
                                                 
(24) 

In order to facilitate operational coordination by the Agency through the establishment 
of  joint  deployment  plans,  Article  34(c)  of  Regulation  (EEC)  No  2847/93  of 
12 October  1993  establishing  a  control  system  applicable  to  the  common  fisheries 
policy18 should be amended, 

(25)  The measures necessary for the implementation of this Regulation should be adopted 
in  accordance  with  Council  Decision  1999/468/EC  of  28 June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission19. 

HAS ADOPTED THIS REGULATION: 

18 
19 

OJ L 261, 20.10.1993, p. 1. 
OJ L 184, 17.7.1999. 

19 

 
 
  
 
                                                 
CHAPTER I 

Objective, scope and definitions 

Article 1 

Objective 

This  Regulation  establishes  a  Community  Fisheries  Control  Agency  (“the  Agency”),  the 
objective of which is to organise operational coordination of fisheries control and inspection 
activities by the Member States and to assist them to cooperate so as to comply with the rules 
of the Common Fisheries Policy. 

Article 2 

Scope of operational coordination 

Operational  coordination  by  the  Agency  shall  cover  inspection  and  control  of  fishing 
activities, up to the first point of sale of fishery products, which are carried out 

(a) 

(b) 

(c) 

on the territory of Member States,  

in Community waters or  

outside Community waters by Community fishing vessels.  

Article 3 

Definitions 

For the purpose of this Regulation the following definitions shall apply: 

(a) 

(b) 

(c) 

"control and inspection" means any measures taken by Member States in accordance 
with  Articles  23,  24  and  28  of  Regulation  (EC)  No.  2371/200220  to  control  and 
inspect fishing activities within the scope of the Common Fisheries Policy including 
surveillance  and  monitoring  activities  such  as  satellite  based  vessel  monitoring 
systems and observer schemes;  

"means of control and inspection" means surveillance vessels, aircraft, vehicles and 
other material resources as well as inspectors, observers and other human resources 
used by Member States for control and inspection; 

"control and inspection obligations of the Community" means any obligations of the 
Community relating to control and inspection that arise from the membership of the 
Community  in  a  regional  fisheries  organisation  or  from  a  fisheries  agreement 
concluded between the Community and a third country; 

20 

OJ L 358, 31.12.2002, p. 59. 

20 

 
 
  
 
                                                 
(d) 

(e) 

(f) 

(g) 

(h) 

"joint  deployment  plan"  means  a  plan  setting  out  operational  arrangements  for  the 
deployment of available means of control and inspection; 

"international  control  and  inspection  programme"  means  a  programme  that  sets 
objectives,  common  priorities  and  procedures  for  control  and  inspection  activities 
established  by  the  Commission  to  implement  control  and  inspection  obligations  of 
the Community; 

"specific  control  and  inspection  programme"  means  a  programme  that  sets 
objectives,  common  priorities  and  procedures  for  control  and  inspection  activities 
established in accordance with Article 34 c of Regulation (EC) No 2847/93; 

“fishery”  means  the  fishing  activities  exploiting  certain  stocks  as  defined  by  the 
Council  in  particular  pursuant  to  Articles  5  and  6  of  Regulation  (EC)  N° 
2371/200221; 

“Community  inspectors”  means  the  inspectors  included  on  the  list  referred  to  in 
Article 28(4) of Regulation (EC) 2371/2002. 

CHAPTER II  

Mission and Tasks of the Agency 

Article 4 

Mission 

The mission of the Agency shall be: 

(a) 

(b) 

(c) 

(d) 

to  coordinate  control  and  inspection  by  Member  States  relating  to  the  control  and 
inspection obligations of the Community; 

to coordinate the deployment of the national means of control and inspection pooled 
by the Member States concerned in accordance with this Regulation; 

to assist Member States in reporting information on fishing activities and control and 
inspection activities to the Commission and third parties; 

in  the  field  of  its  competences,  to  assist  Member  States  to  fulfil  their  tasks  and 
obligations under the rules of the Common Fisheries Policy. 

Article 5 

Tasks relating to the control and inspection obligations of the Community 

1. 

The Agency shall, at the request of the Commission: 

21 

OJ L 358, 31.12.2002, p.59. 

21 

 
 
  
 
                                                 
(a) 

(b) 

assist the Community and Member States in their relations with third countries 
and regional international fisheries organisations of which the Community is a 
member; 

cooperate  with  the  competent  authorities  of  regional  international  fisheries 
organisations  regarding 
the 
Community  in  the  framework  of  working  arrangements  concluded  with  such 
bodies. 

inspection  obligations  of 

the  control  and 

2. 

3. 

The  Agency  may,  at  the  request  of  the  Commission,  cooperate  with  the  competent 
authorities  of  third  countries  in  matters  relating  to  control  and  inspection  in  the 
framework of agreements concluded between the Community and such countries. 

The  Agency  may,  within  its  field  of  competence,  carry  out  on  behalf  of  Member 
States  tasks  under  international  fisheries  agreements  to  which  the  Community  is  a 
party. 

Article 6 

Organisation of operational coordination 

The Agency shall: 

(a) 

(b) 

establish joint deployment plans and organise operational coordination of control and 
inspection by Member States in accordance with Chapter III; 

establish  a  Community  Fisheries  Monitoring  Centre  for  the  organisation  of 
operational coordination of joint control and inspection activities. 

Article 7 

Provision of contractual services to Member States 

The Agency may provide contractual services to Member States, at their request, relating to 
control and inspection in connection with their obligations concerning fisheries in Community 
and/or  international  waters,  including  the  chartering,  operating  and  staffing  of  control  and 
inspection platforms and the provision of observers for joint operations by the Member States 
concerned. 

Article 8  

Assistance to Member States 

To  enable  Member  States  to  better  fulfil  their  obligations  under  the  rules  of  the  Common 
Fisheries Policy, the Agency shall: 

(a) 

establish  and  develop  a  core  curriculum  for  the  training  of  the  instructors  of  the 
fisheries  inspectors  of  the  Member  States  and  may  provide  additional  training 
courses and seminars to those inspectors; 

22 

 
 
  
 
(b) 

(c) 

(d) 

at  the  request  of  Member  States,  undertake  the  joint  procurement  of  goods  and 
services relating to control and inspection activities by Member States as well as to 
prepare  for  and  coordinate  the  implementation  by  Member  States  of  joint  pilot 
projects;  

elaborate  joint  operational  procedures  in  relation  to  joint  control  and  inspection 
activities undertaken by two or more Member States; 

elaborate  criteria  for  the  exchange  of  means  of  control  and  inspection  between 
Member States and between Member States and third countries and for the provision 
of such means by the Member States.  

CHAPTER III 

Operational Coordination 

Article 9 

Control and inspection obligations of the Community 

The  Agency  shall,  at  the  request  of  the  Commission,  coordinate  control  and  inspection 
activities by Member States on the basis of international control and inspection programmes 
by establishing joint deployment plans.  

Article 10 

Implementation of specific control and inspection programmes 

The  Agency  shall  implement  the  specific  control  and  inspection  programmes  established  in 
accordance  with  Article  34c  of  Regulation  (EEC)  No.  2847/93  through  joint  deployment 
plans. 

Article 11 

Content of joint deployment plans  

1. 

(a) 

(b) 

(c) 

Each joint deployment plan shall: 

give effect to the criteria, benchmarks, priorities and common inspection procedures 
determined by the Commission in control and inspection programmes; 

identify  the  means  of  control  and  inspection  to  be  pooled  by  the  Member  States 
concerned  based  on  their  interest  in  the  relevant  fishery  which  are  required  to 
implement the control and inspection programme to which the plan relates; 

seek  to  match  and  organise  deployment  of  the  available  national  means  of  control 
and  inspection,  communicated  pursuant  to  Article  14,  with  means  identified  under 
point (b); 

23 

 
 
  
 
(d) 

(e) 

2. 

(a) 

(b) 

(c) 

(d) 

1. 

2. 

3. 

4. 

organise the use of the human and material resources, with regard to the periods and 
zones  in  which  these  have  to  be  deployed,  including  the  operation  of  teams  of 
Community inspectors from more than one Member State; 

take account of the existing obligations of the Member States concerned in respect of 
other joint deployment plans. 

The  interest  in  a  fishery  of  a  Member  State,  pursuant  to  paragraph  1(b),  shall  be 
assessed in particular by reference to: 

the quantity of fish landed on its territory as a proportion of the total landings from 
the fishery that is subject to the joint deployment plan;  

the relative number of Community fishing vessels flying its flag (engine power and 
gross  tonnage)  that  are  actively  involved  in  the  fishery  that  is  subject  to  the  joint 
deployment plan in relation to the total number of vessels that are actively involved 
in that fishery; 

the  relative  size  of  its  quota  allocation  or,  in  the  absence  of  a  quota,  its  catch  in  a 
given reference period in respect of that fishery; 

the relative extent of the waters subject to its sovereignty or jurisdiction, if any, that 
are covered by the joint deployment plan.  

Article 12 

Procedure for the adoption of joint deployment plans 

The Agency shall establish a draft joint deployment plan in concert with the Member 
States concerned by the relevant control and inspection programme.  

If,  in  the  course  of  preparing  a  joint  deployment  plan,  it is  apparent  to  the  Agency 
that  there  are  insufficient  means  of  control  and  inspection  available  to  fulfil  the 
requirements  of  the  relevant  control  and  inspection  programme,  the  Agency  shall 
promptly notify the Member States concerned and the Commission.  

The Agency shall adopt the joint deployment plan fulfilling the requirements of the 
relevant control and inspection programme, no later than three months following the 
entry into force of a control and inspection programme.  

Each  joint  deployment  plan  shall  be  subject  to  an  annual  review  by  the  Agency  in 
consultation with the Member States concerned to take account of any new control 
and  inspection  programmes  to  which  the  Member  States  concerned  are  subject  and 
any  priorities  determined  by  the  Commission  in  the  control  and  inspection 
programmes.  

24 

 
 
  
 
Article 13 

Implementation of joint deployment plans 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

3. 

Member States shall undertake joint control and inspection activities on the basis of 
joint  deployment  plans.  To  this  end,  the  Member  States  concerned  shall  adopt  the 
necessary  measures  particularly  as  regards  the  human  and  material  resources 
required taking into account the periods and zones in which these are to be deployed. 

Each Member State concerned shall:  

commit and make available those means of control and inspection that are identified 
in the joint deployment plan as being necessary for the execution of that plan; 

appoint  a  single  national  point  of  contact/coordinator,  who  shall  be  conferred  with 
sufficient  authority  to  be  able  to  respond  in  a  timely  manner  to  requests  for 
information and instructions from the Agency that relate to the implementation of the 
joint deployment plan, and notify this to the Agency;  

deploy  its  pooled  means  of  control  and  inspection  in  accordance  with  the  joint 
deployment plan and the instructions of the Agency; 

in respect of the activities of teams of inspectors from more than one Member State, 
authorise Community Inspectors assigned to that joint deployment plan, from another 
Member State to assist in the undertaking of control and inspection activities on their 
territory and on fishing vessels within the waters under their sovereignty, which are 
necessary to ensure compliance with the rules of the Common Fisheries Policy; 

provide the Agency on-line access to information necessary for the implementation 
of the joint deployment plan through the Community Fisheries Monitoring Centre; 

cooperate  with  the  Agency  regarding  the  implementation  of  the  joint  deployment 
plan. 

ensure  that  any  means  of  control  and  inspection,  assigned  to  a  Community  joint 
deployment  plan  carry  out  their  activities  in  accordance  with  the  rules  of  the 
Common Fisheries Policy. 

Each Member State shall ensure that the activities carried out by its means of control 
and  inspection  under  a  joint  deployment  plan  comply  with  the  rules  governing  the 
Common Fisheries Policy. 

Article 14 

Assessment of joint deployment plans 

The  Agency  shall  undertake  an  annual  assessment  of  the  effectiveness  of  each  joint 
deployment plan, as well as an analysis, on the basis of available evidence, of the existence of 
a  risk  that  fishing  activities  are  not  compliant  with  applicable  conservation  and  control 
measures. Such assessments shall be promptly communicated to the Commission. 

25 

 
 
  
 
Article 15 

Notification of means of control and inspection 

Each  Member  State  shall  each  year  before  31  August  notify  the  Agency  of  the  means  of 
control and inspection, that it intends to commit for the purpose of control and inspection for 
the following year. 

Article 16 

Fisheries that are not subject to control and inspection programmes 

Two or more Member States may request the Agency to coordinate the deployment of their 
means  of  control  and  inspection  in  relation  to  a  fishery  or  an  area  that  is  not  subject  to  a 
control  and  inspection  programme.  Such  coordination  shall  take  place  in  accordance  with 
control and inspection criteria and priorities agreed between the Member States concerned.  

Article 17 

Information network 

1. 

2. 

The Commission, the Agency and the competent authorities of Member States shall 
exchange  relevant  information  available  to  them  regarding  control  and  inspection 
activities within Community and international waters.  

Each  national  competent  authority  shall  take,  in  accordance  with  the  relevant 
Community  legislation,  measures  to  ensure  appropriate  confidentiality  of  the 
information received by themunder this Article in accordance with Article 33(5) and 
Article 37 of Regulation No (EEC) 2847/93. 

26 

 
 
  
 
Article 18 

Detailed rules 

Detailed rules, for the implementation of this Chapter may be adopted in accordance with the 
procedure laid down Article 30(2) of Regulation No (EC) 2371/2002.  

These rules may cover in particular the procedures for the preparation and adoption of draft 
joint deployment plans. 

CHAPTER IV 

Internal Structure and Functioning 

Article 19 

Legal status and principal office 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

The Agency shall be a body of the Community. It shall have legal personality. 

In  each  of  the  Member  States,  the  Agency  shall  enjoy  the  most  extensive  legal 
capacity accorded to legal persons under their laws. It may, in particular, acquire or 
dispose of movable and immovable property and may be party to legal proceedings.  

The Agency shall be represented by its Executive Director. 

The seat of the Agency shall be at [……….], Spain.  

Article 20 

Staff 

The  Staff  Regulations  of  officials  of  the  European  Communities,  the  Conditions  of 
employment  of  other  servants  of  the  European  Communities  and  the  rules  adopted 
jointly  by  the  institutions  of  the  European  Communities  for  the  purposes  of  the 
application of those Staff Regulations and conditions of employment shall apply to 
the  staff  of  the  Agency.  The  Administrative  Board,  in  agreement  with  the 
Commission, shall adopt necessary detailed rules of application. 

Without prejudice to Article 31, the powers conferred on the appointing authority by 
the  Staff  Regulations  and  the  Conditions  of  employment  of  other  servants  shall  be 
exercised by the Agency in respect of its own staff. 

The Agency’s staff shall consist of officials assigned or seconded by the Commission 
or Member States on a temporary basis and of other servants recruited by the Agency 
as necessary to carry out its tasks. 

27 

 
 
  
 
Article 21 

Privileges and immunities 

The Protocol on the Privileges and Immunities of the European Communities shall apply to 
the Agency and its staff.  

Article 22 

Liability 

The contractual liability of the Agency shall be governed by the law applicable to the 
contract in question.  

The  Court  of  Justice  of  the  European  Communities  shall  have  jurisdiction  to  give 
judgment pursuant to any arbitration clause contained in a contract concluded by the 
Agency.  

In  the  case  of  non-contractual  liability,  the  Agency  shall,  in  accordance  with  the 
general  principles  common  to  the  laws  of  the  Member  States,  make  good  any 
damage caused by it or its servants in the performance of their duties. The Court of 
Justice of the European Communities shall have jurisdiction in any dispute relating 
to compensation for such damage.  

The  personal  liability  of  its  servants  towards  the  Agency  shall  be  governed  by  the 
provisions  laid  down  in  the  Staff  Regulations  or  Conditions  of  employment 
applicable to them.  

Article 23 

Languages 

The  provisions  laid  down  in  Regulation  No  1  of  15  April  1958  determining  the 
languages  to  be  used  by  the  European  Economic  Community22  shall  apply  to  the 
Agency. 

The translation services required for the functioning of the Agency shall be provided 
by the Translation Centre of the bodies of the European Union.  

Article 24 

Creation and powers of the Administrative Board 

The Agency shall have an Administrative Board.  

The Administrative Board shall: 

1. 

2. 

3. 

4. 

1. 

2. 

1. 

2. 

(a) 

appoint the Executive Director pursuant to Article 31;  

22 

OJ L 17, 6.10.1958, p 385/58.  

28 

 
 
  
 
                                                 
(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

adopt, by 30 April each year, the general report of the Agency for the previous year 
and forward it to the European Parliament, the Council, the Commission, the Court 
of Auditors and the Member States. The report shall be made public; 

adopt  by  31  October  each  year,  and  taking  into  account  the  opinion  of  the 
Commission  and  the  Member  States,  the  work  programme  of  the  Agency  for  the 
coming year and forward it to the European Parliament, the Council, the Commission 
and the Member States; 

The work programme, which shall give priority to the duties of the Agency relating 
to  control  and  surveillance  programmes,  shall  be  adopted  without  prejudice  to  the 
annual Community budgetary procedure. In case the Commission expresses, within 
30 days from the date of adoption of the work programme, its disagreement with that 
programme, the Administrative Board shall re-examine the programme and adopt it, 
possibly amended, within a period of two months, in a second reading;  

adopt  the  final  budget  of  the  Agency  before  the  beginning  of  the  financial  year, 
adjusting  it,  where  necessary,  according  to  the  Community  contribution  and  any 
other revenue of the Agency; 

perform its duties in relation to the Agency’s budget in accordance with Articles 35, 
36 and 38;  

exercise disciplinary authority over the Executive Director; 

establish  its  rules  of  procedure  which  may  provide  for  the  establishment  of  sub-
committees of the Administrative Board as necessary; 

(h) 

adopt procedures necessary for the performance by the Agency of its tasks. 

Article 25 

Composition of the Administrative Board 

1. 

2. 

The  Administrative  Board  shall  be  composed  of  one  representative  from  each 
Member  State  whose  vessels  are  engaged  in  fishing  activities  relating  to  marine 
living  resources  and  four  representatives  of  the  Commission  as  well  as  of  four 
representatives  of  the  fishing  industry  nominated  by  the  Commission  without  the 
right to vote.  

Board members shall be appointed on the basis of their degree of relevant experience 
and expertise in the field of fisheries control and inspection.  

Each  Member  State  and  the  Commission  shall  appoint  their  members  of  the 
Administrative  Board  as  well  as  an  alternate  who  will  represent  the  member  in 
his/her absence.  

3. 

The duration of office shall be five years. The term of office may be renewed once.  

29 

 
 
  
 
Article 26 

Chairmanship of the Administrative Board 

The  Administrative  Board  shall  elect  a  Chairperson  from  among  the  Commission 
representatives.  The  Administrative  Board  shall  elect  a  Deputy  Chairperson  from 
among  its  members.  The  Deputy  Chairperson  shall  automatically  take  the  place  of 
the Chairperson if he/she is prevented from attending to his/her duties.  

The terms of office of the Chairperson and Deputy Chairperson shall be three years 
and  shall  expire  when  they  cease  to  be  members  of  the  Administrative  Board.  The 
terms of office shall be renewable once.  

Article 27 

Meetings 

The meetings of the Administrative Board shall be convened by its Chairperson. The 
agenda shall be determined by the Chairperson, taking into account the proposals of 
members of the Administrative Board and the Executive Director of the Agency.  

The Executive Director shall take part in the deliberations. 

The Administrative Board shall hold an ordinary meeting once a year. In addition it 
shall meet on the initiative of the Chairperson or at the request of the Commission or 
of one-third of the Member States represented on the Administrative Board. 

When  there  is  a  matter  of  confidentiality  or  conflict  of  interest,  the  Administrative 
Board may decide to examine specific items of its agenda without the presence of the 
members  nominated  by  the  Commission  as  representatives  of  the  fishing  industry. 
Detailed rules for the application of this provision may be laid down in the rules of 
procedure.  

The Administrative Board may invite any person whose opinion may be of interest to 
attend its meetings as an observer.  

The members of the Administrative Board may, subject to the provisions of its rules 
of procedure, be assisted by advisers or experts.  

The secretariat for the Administrative Board shall be provided by the Agency.  

Article 28 

Voting 

The Administrative Board shall take its decisions by an absolute majority of votes. 

Each  member  who  is  appointed  by  a  Member  State  shall  have  one  vote.  The 
members  appointed  by  the  Commission  shall jointly have ten votes. The Executive 
Director of the Agency shall not vote. 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

1. 

2. 

30 

 
 
  
 
3. 

1. 

2. 

1. 

2. 

3. 

(a) 

(b) 

(c) 

In the absence of a member, his/her alternate shall be entitled to exercise his/her right 
to vote.  

The  rules  of  procedure  shall  establish  the  more  detailed  voting  arrangements,  in 
particular, the conditions for a member to act on behalf of another member as well as 
any quorum requirements, where appropriate. 

Article 29 

Declaration of Interests 

The members of the Administrative Board who are nominated by the Commission as 
representatives of the fishing industry shall make a declaration of commitment and a 
declaration of interests indicating either the absence of any interests which might be 
prejudicial  to  their  independence  or  any  direct  or  indirect  interests  which  might  be 
considered  prejudicial  to  their  independence.  Those  declarations  shall  be  made 
annually in writing.  

The members of the Administrative Board who are nominated by the Commission as 
representatives  of  the  fishing  industry  shall  declare  at  each  meeting  any  interests 
which might be considered prejudicial to their independence in relation to the items 
on the agenda.  

Article 30 

Duties and powers of the Executive Director 

The  Agency  shall  be  managed  by  its  Executive  Director.  Without  prejudice  to  the 
respective  competencies  of  the  Commission  and  the  Administrative  Board,  the 
Executive Director shall neither seek nor take instructions from any government or 
any other body. 

The Executive Director shall, in the performance of his/her tasks, give effect to the 
principles of the Common Fisheries Policy.  

The Executive Director shall have the following duties and powers:  

he/she  shall  prepare  the  draft  work  programme  and  submit  it  to  the  Administrative 
Board after consultation with the Commission and the Member States. He/she shall 
take  the  necessary  steps  for  the  implementation  of  the  work  programme  within  the 
limits specified by this Regulation, its implementing rules and any applicable law; 

he/she shall take all necessary steps, including the adoption of internal administrative 
instructions and the publication of notices, to ensure the organisation and functioning 
of the Agency in accordance with the provisions of this Regulation;  

he/she shall take all necessary steps including the adoption of decisions concerning 
the responsibilities of the Agency under Chapters II and III including chartering and 
operation  of  means  of  control  and  inspection  and  the  operation  of  an  information 
network; 

31 

 
 
  
 
(d) 

(e) 

(f) 

(g) 

4. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

he/she shall respond to requests from the Commission and to requests for assistance 
from a Member State pursuant to Articles 7, 8 and 16; 

he/she shall organise an effective monitoring system in order to be able to compare 
the  Agency’s  achievements  with  its  operational  objectives.  On  this  basis  the 
Executive Director shall prepare a draft general report each year and submit it to the 
Administrative Board. He/she shall establish regular evaluation procedures that meet 
recognised professional standards; 

he/she shall exercise in respect of the staff the powers laid down in Article 20 (2); 

he/she  shall  draw  up  estimates  of  the  Agency’s  revenue  and  expenditure  in 
accordance  with  Article  35  and  shall  implement  the  budget  in  accordance  with 
Article 36. 

The  Executive  Director  shall  be  responsible  for  his/her  activities 
Administrative Board.  

to 

the 

Article 31 

Appointment of the Executive Director 

The  Executive  Director  shall  be  appointed  by  the  Administrative  Board,  on  the 
grounds of merit and documented relevant experience in the field of fisheries policy, 
from  a  list  of  three  candidates  proposed  by  the  Commission  after  a  selection 
procedure, following publication of the post in the Official Journal of the European 
Union, and elsewhere, of a call for expressions of interest. 

The  Administrative  Board  shall  take  its  decision  by  a  two  thirds  majority  of 
members.  

Power to dismiss the Executive Director shall lie with the Administrative Board on 
the proposal of the Commission. 

The term of office of the Executive Director shall be five years. This term of office 
may be extended once.  

Article 32 

Transparency and communication 

Regulation  (EC)  No  1049/2001  of  the  European  Parliament  and  of  the  Council  of 
30 May  2001  regarding  access  to  European  Parliament,  Council  and  Commission 
documents shall apply to documents held by the Agency.  

The  Administrative  Board  shall,  within  six  months  of  the  date  of  its  first  meeting, 
adopt the practical arrangements for implementing Regulation (EC) No 1049/2001. 

The Agency may communicate on its own initiative in the fields within its mission. It 
shall  ensure  in  particular  that  the  public  and  any  interested  party  are  rapidly  given 
objective, reliable and easily understandable information with regard to its work.  

32 

 
 
  
 
4. 

5. 

6. 

1. 

2. 

The  Administrative  Board  shall  lay  down  the  necessary  internal  rules  for  the 
application of paragraph 3. 

Decisions  taken  by  the  Agency  pursuant  to  Article  8  of  Regulation  (EC) 
No 1049/2001  may  give  rise  to  the  lodging  of  a  complaint  to  the  Ombudsman  or 
form the subject of an action before the Court of Justice, under Articles 195 and 230 
of the EC Treaty. 

The information collected in accordance with this Regulation by the Commission and 
the  Agency  shall  be  subject  to  Regulation  (EC)  No  45/2001  of  the  European 
Parliament and of the Council of 18 December 2000 on the protection of individuals 
with  regard  to  the  processing  of  personal  data  by  the  Community  institutions  and 
bodies and on the free movement of such data. 

Article 33 

Confidentiality 

Members  of  the  Administrative  Board,  the  Executive  Director  and  members  of  the 
staff  of  the  Agency,  even  after  their  duties  have  ceased,  shall  be  subject  to  the 
requirements of confidentiality pursuant to Article 287 of the Treaty.  

The  Administrative  Board  shall  lay  down  internal  rules  regarding  the  practical 
arrangements  for  implementing  the  confidentiality  requirements  referred  to  in 
paragraph 1.  

Article 34  

Commission access to information 

The  Commission  shall  have  full  access  to  all  information  collected  by  the  Agency.  The 
Agency  shall  furnish  any  information  and  an  evaluation  of  that  information  to  the 
Commission at its request and in the form specified by it.  

CHAPTER V 

Financial Provisions 

Article 35 

Budget 

1. 

(a) 

(b) 

The Agency’s revenues shall consist of: 

a  contribution  from  the  Community  entered  in  the  general  budget  of  the  European 
Union (Commission section); 

charges  for  services  provided  by  the  Agency  to  Member  States  in  accordance  with 
Article 7; 

33 

 
 
  
 
(c) 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

charges for publications, training and/or any other services provided by the Agency; 

The  Agency’s  expenditure  shall  cover  staff  and  administrative,  infrastructure  and 
operational expenses.  

The Executive Director shall draw up a draft statement of estimates of the Agency’s 
revenue and expenditure for the following financial year and shall forward it to the 
Administrative Board, together with a draft establishment plan. 

Revenue and expenditure shall be in balance.  

Each year the Administrative Board, on the basis of a draft statement of estimates of 
revenue  and  expenditure,  shall  produce  a  statement  of  estimates  of  revenue  and 
expenditure for the Agency for the following financial year.  

This statement of estimates, which shall include a draft establishment plan, together 
with the provisional work programme, shall by 31 March at the latest be forwarded 
by the Administrative Board to the Commission. 

The  statement  of  estimates  shall  be  forwarded  by  the  Commission  to  the  European 
Parliament and the Council (the ‘budgetary authority’) together with the preliminary 
draft general budget of the European Union. 

On  the  basis  of  the  statement  of  estimates,  the  Commission  shall  enter  in  the 
preliminary  draft  general  budget  of  the  European  Union  the  estimates  it  deems 
necessary for the establishment plan and the amount of the subsidy to be charged to 
the general budget, which it shall place before the budgetary authority in accordance 
with Article 272 of the Treaty. 

The  budgetary  authority  shall  authorise  the  appropriations  for  the  subsidy  to  the 
Agency. The budgetary authority shall adopt the establishment plan for the Agency. 

The  budget  shall  be  adopted  by  the  Administrative  Board.  It  shall  become  final 
following  final  adoption  of  the  general  budget  of  the  European  Union.  Where 
appropriate, it shall be adjusted accordingly. 

The Administrative Board shall, as soon as possible, notify the budgetary authority 
of  its  intention  to  implement  any  project  which  may  have  significant  financial 
implications  for  the  funding  of  the  budget,  in  particular  any  projects  relating  to 
property such as the rental or purchase of buildings. It shall inform the Commission 
thereof. 

Where  a  branch  of  the  budgetary  authority  has  notified  its  intention  to  deliver  an 
opinion, it shall forward its opinion to the Administrative Board within a period of 
six weeks from the date of notification of the project.  

34 

 
 
  
 
1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Article 36 

Implementation and control of the budget 

The Executive Director shall implement the budget of the Agency. 

By  1  March  at  the  latest  following  each  financial  year,  the  Agency's  accounting 
officer shall communicate the provisional accounts to the Commission's accounting 
officer  together  with  a  report  on  the  budgetary  and  financial  management  for  that 
financial year. The Commission's accounting officer shall consolidate the provisional 
accounts of the institutions and decentralised bodies in accordance with Article 128 
of  Regulation  (EC,  Euratom)  No 1605/2002  of  25  June  2002  on  the  Financial 
Regulation  applicable  to  the  general  budget  of  the  European  Communities  23  (the 
“Financial Regulation”). 

By 31 March at the latest following each financial year, the Commission's accounting 
officer  shall  forward  the  Agency's  provisional  accounts  to  the  Court  of  Auditors, 
together with a report on the budgetary and financial management for that financial 
year. The report on the budgetary and financial management for that  financial year 
shall also be forwarded to the European Parliament and the Council. 

On  receipt  of  the  Court  of  Auditors'  observations  on  the  Agency's  provisional 
accounts, pursuant to Article 129 of the Financial Regulation, the Executive Director 
shall  draw  up  the  Agency's  final  accounts  under  his/her  own  responsibility  and 
forward them to the Administrative Board for an opinion. 

The Administrative Board shall deliver an opinion on the Agency's final accounts. 

By  1  July  of  the  following  year  at  the  latest,  the  Executive  Director  shall  send  the 
final  accounts,  together  with  the  opinion  of  the  Administrative  Board,  to  the 
European Parliament, the Council, the Commission and the Court of Auditors. 

The final accounts shall be published. 

The Executive Director shall send the Court of Auditors a reply to its observations by 
30  September  at  the  latest.  He/she  shall  also  send  this  reply  to  the  Administrative 
Board. 

The Executive Director shall submit to the European Parliament, at the request of the 
latter,  all  information  necessary  for  the  smooth  application  of  the  discharge 
procedure  for  the  financial  year  in  question,  as  laid  down  in  Article  146(3)  of  the 
Financial Regulation.  

10. 

The  European  Parliament,  upon  a  recommendation  from  the  Council,  shall,  before 
30 April of the second following year, give a discharge to the Executive Director of 
the Agency in respect of the implementation of the budget for the year in question. 

23  

OJ L 248, 16.09.2002, p. 1 

35 

 
 
  
 
                                                 
Article 37 

Combating fraud 

1. 

2. 

3. 

In order to combat fraud, corruption and other unlawful activities, the provisions of 
Regulation (EC) No 1073/1999 shall apply without restriction to the Agency.  

The  Agency  shall  accede  to  the  Interinstitutional  Agreement  of  25  May  1999 
concerning  internal  investigations  by  OLAF  and  shall  issue,  without  delay,  the 
appropriate provisions to all of its staff.  

The decisions concerning funding and the implementing agreements and instruments 
relating to them shall explicitly stipulate that the Court of Auditors and OLAF may 
carry out, if necessary, on-the-spot checks of the recipients of the Agency’s funding 
and the agents responsible for allocating it.  

Article 38 

Financial provisions 

The Administrative Board, having received the agreement of the Commission and the opinion 
of the Court of Auditors shall adopt the Agency’s financial rules. They may not depart from 
Commission  Regulation  (EC,  Euratom)  No  2343/2002  of  23  December  2002  on  the 
framework  Financial  Regulation  for  the  bodies  referred  to  in  Article  185  of  the  Council 
Regulation  (EC,  Euratom)  No  1605/2002  on  the  Financial  Regulation  applicable  to  the 
general budget of the European Communities24 unless specifically required for the Agency’s 
operation and with the Commission’s prior consent. 

CHAPTER VI 

Final Provisions 

Article 39 

Evaluation  

1. 

2. 

Within [five] years from the date of the Agency having taken up its responsibilities, 
and  every  five  years  thereafter,  the  Administrative  Board  shall  commission  an 
independent  external  evaluation  of  the  implementation  of  this  Regulation.  The 
Commission  shall  make  available  to  the  Agency  any  information  the  Agency 
considers relevant to the evaluation.  

Each evaluation shall assess the impact of this Regulation, the utility, relevance and 
effectiveness  of  the  Agency  and  its  working  practices  and  the  extent  to  which  it 
contributes to the achievement of a high level of compliance with rules made under 
the Common Fisheries Policy. The Administrative Board shall issue specific terms of 

24 

OJ L 357, 31.12.2002, p. 72.  

36 

 
 
  
 
                                                 
reference  in  agreement  with  the  Commission,  following  consultations  with  the 
parties involved.  

3. 

The  Administrative  Board  shall  receive  the  evaluation  and  issue  recommendations 
regarding  changes  to  this  Regulation,  the  Agency  and  its  working  practices  to  the 
Commission. Both the evaluation findings and recommendations shall be forwarded 
by the Commission to the European Parliament and the Council and shall be made 
public. 

Article 40 

Start of the Agency’s activities 

The Agency shall be operational within twelve months of the date of entry into force of this 
Regulation. 

Article 41 

Amendment 

Article 34c of Regulation (EEC) N° 2847/93 is replaced by the following: 

'Article 34c 

1. 

The  Commission,  in  accordance  with  the  procedure  laid  down  in  Article  30(2)  of 
Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and 
sustainable  exploitation  of  fisheries  resources  under  the  Common  Fisheries 
Policy(*), and in concert with the Member States concerned, shall determine which 
fisheries  involving  two  or  more  Member  States  shall  be  subject  to  specific  control 
and inspection programmes and the conditions governing such programmes. 

The  specific  control  and  inspection  programme  shall  determine  the  fisheries 
involving two or more Member States subject to the programme and the conditions 
governing such fisheries. 

Each  specific  control  and  inspection  programme  shall  state  its  objectives,  common 
priorities and procedures as well as benchmarks for control and inspection activities, 
the expected results of the measures specified and the strategy required to ensure that 
control and inspection activities are as uniform, effective and economical as possible. 
Each programme shall identify the Member States concerned.  

Specific control and inspection programmes may not last longer than three years or 
any  period  laid  down  for  this  purpose  in  a  recovery  plan  adopted  pursuant  to 
Article 5 of Regulation (EC) No 2371/2002 or a management plan adopted pursuant 
to Article 6 of that Regulation.  

Specific  control  and  inspection  programmes  shall  be  implemented  by  the  Member 
States  concerned  on  the  basis  of  joint  deployment  plans  established  under 
Regulation (EC)  No XXXX/2004  establishing  a  Community  Fisheries  Control 
Agency  and  amending  Regulation  (EC)  No 2847/93  establishing  a  control  system 
applicable to the Common Fisheries Policy. 

37 

 
 
  
 
2. 

The Commission shall control and evaluate the performance of each specific control 
and  inspection  programme  and  shall  report  to  the  European  Parliament  and  the 
Council in accordance with Article 27 (4) of Regulation (EC) No 2371/2002. 

(*)  OJ L 358, 21.12.2002, p.59.’ 

Article 42 

Entry into force 

This Regulation shall enter into force on the twenthieth day following that of its publication in 
the Official Journal of the European Union. 

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

Done at Brussels,  

For the Council 
The President 

38 

 
 
  
 
 
 
ANNEX 

LEGISLATIVE FINANCIAL STATEMENT 

Policy area(s): FISHERIES 

Activit(y/ies):  

1107 – Fisheries Conservation, Control and Enforcement 

TITLE OF ACTION:  

ESTABLISHMENT OF A COMMUNITY FISHERIES CONTROL AGENCY (CFCA) 

1. 

BUDGET LINE(S) + HEADING(S) 

New budget line to be created 

110704 

Community Fisheries Control Agency 

2. 

OVERALL FIGURES  

2.1. 

Total allocation for action: 4,9 € million for commitment in 2006 

2.2. 

Period of application: 

As from 2005 

2.3. 

Overall multiannual estimate of expenditure: 

(a) 

11070401  Community Fisheries Control Agency – Subsidy under Titles 1 and 2 

Subsidy  of  administrative  expenditure  from 
the  Community  budget.  This 
appropriation is intended to cover the costs  of  the  CFCA’s  staff  and  administrative 
expenditure. (see 6.2 (a)) 

€ million (to three decimal places) 

Year 
2005 

2006 

2007 

2008 

2009 

Total 

2010 
and 
subs. 
Years 

Commitments 

Payments 

p.m. 

p.m. 

3,8 

3,8 

4,8 

4,8 

4,8 

4,8 

(b) 

11070402  Community Fisheries Control Agency – Subsidy under Title 3 

Subsidy of operational expenditure from the Community budget. This appropriation 
is intended to cover operational expenditure, which includes installation of computer 
equipment, meetings and missions. 

39 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
€ million (to three decimal places) 

Year 
2005 

2006 

2007 

2008 

2009 

Total 

2010 
and 
subs. 
Years 

Commitments 

Payments 

p.m. 

p.m. 

1,1 

1,1 

0,2 

0,2 

0,2 

0,2 

TOTAL a+b 

Commitments 

Payments 

p.m. 

p.m. 

4,9 

4,9 

5,2 

5,2 

5,2 

5,2 

2.4. 

Compatibility with financial programming and financial perspective 

[X]  Proposal is compatible with existing financial programming. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement. 

2.5. 

Financial impact on revenue25 

Proposal  has  no  financial  implications  (involves  technical  aspects  regarding 
implementation of a measure) 

OR 

[X]  Proposal has financial impact – the effect on revenue is as follows: 

The effect will be neutral as the income will match the expenditure for which 
the contribution is received 

(NB All details and observations relating to the method of calculating the effect on 
revenue should be shown in a separate annex.) 

25 

For further information, see separate explanatory note. 

40 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Budget line 

Revenue 

Prior to
action 
[Year 
n-1] 

[Year 
n] 

Situation following action 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

[n+5] 

(€ million to one decimal place) 

a) Revenue in absolute terms 

b) Change in revenue 

(Please  specify  each  budget  line  involved,  adding  the  appropriate  number  of  rows  to  the  table  if 
there is an effect on more than one budget line.) 

3. 

BUDGET CHARACTERISTICS 

Type of expenditure 

New 

EFTA 
contribution 

Contributions form 
applicant countries 

Heading in 
financial 
perspective 

Non-comp 

Diff 

YES 

NO 

NO 

No 3 

4. 

LEGAL BASIS  

Article 37 of the Treaty 

DESCRIPTION AND GROUNDS 

5.1. 

Need for Community intervention26 

5.1.1.  Objectives pursued 

The objective of the proposal is to promote uniform and effective application of the 
rules of the Common Fisheries Policy by Member States through the establishment 
of a Community Fisheries Control Agency (CFCA) and the framework necessary for 
operational  co-ordination.  The  CFCA  will  serve  as  an  independent  permanent 
platform  for  cooperation  between  Member  States  in  the  area  of  control  and 
enforcement in accordance with Article 28 of Regulation (EC) N° 2371/200227. The 
CFCA will organise operational coordination of inspection and surveillance activities 
by the competent authorities in the Member States. 

5.1.2.  Measures taken in connection with ex ante evaluation  

The  possibility  of  setting  up  a  Joint  Inspection  Structure  is  the  result  of  the  Green 
Paper  on  the  future  of  the  Common  Fisheries  Policy  (COM(2001) 135  final  of 

26 
27 

For further information, see separate explanatory note. 
Article  28  of  Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  conservation  and 
sustainable  exploitation  of  fisheries  resources  under  the  Common  Fisheries  Policy  (O.J.  L  358  of 
31.12.2003 

41 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
20.03.2001)  and  the  Communications  from  the  Commission  on  the  “reform  of  the 
Common Fisheries Policy” ("Roadmap") (COM(2002) 181 final of 28.05.2002) and 
“towards a uniform and effective implementation of the Common Fisheries Policy” 
(COM(2003) 130 final of 21.03.2003). 

In the latter Communication it was stated that a feasibility study would be undertaken 
by the Commission prior to the proposal for the establishment of the CFCA being put 
forward.  Further  to  the  conclusions  of  the  representatives  of  the  Member  States, 
meeting at Head of State or Government level on 13 December 2003 it is necessary 
to make the proposal without the benefit of the feasibility study. The study must still 
take  place  in  order  to  determine  the  optimal  organisation  for  the  operational 
functions and structure of the CFCA. Therefore the Commission reserves the right to 
modify the financial statement in the light of the conclusions of the study. 

Notwithstanding  the  above,  an  impact  assessment,  covering  also  specific  ex  ante 
evaluation requirements of the Financial Regulation and its implementing rules has 
been undertaken and is attached to the proposal. The aforementioned feasibility study 
will be used to specify the concrete results that are expected and identify appropriate 
indicators needed to measure them as well as to review the cost-effectiveness aspects 
of the proposal. 

5.1.3.  Measures taken following ex post evaluation 

The measures are explained in detail in the impact assessment and ex ante evaluation 
attached  to  the  proposal.  In  particular,  the  evaluations  of  the  NAFO  Observer 
Scheme  (FISH/2002/03)  and  of  the  scheme  for  financial  contribution  to  control 
expenditure  incurred  by  Member  States  (FISH  2002/10  and  2002/12)  can  be 
mentioned in this regard. 

5.2. 

Action envisaged and budget intervention arrangements 

5.2. 

General co-ordination and communications 

The organisation of operational co-ordination will necessitate the establishment of a 
Fisheries  Monitoring  Centre  (FMC)  to  implement  an  integrated  monitoring, 
inspection and surveillance communication system. Some of the tasks that would be 
performed by such an FMC are presently undertaken by the Commission. 

5.2.2  Operational co-ordination 

A  major  task  of  the  CFCA  will  be  to  facilitate  co-operation  and  co-ordination 
between Member States regarding inspection and surveillance through the creation of 
a  Joint  Inspection  Framework.  This  is  essentially  a  new  task  although  it  will 
encompass some duties currently performed by the Commission.  

The target populations of the Joint Inspection Framework are the Member States and 
the fishermen. The specific objective of setting up a Joint Inspection Framework is 
uniform  and  effective  implementation  of  conservation  measures  through  the 
organisation  of  joint  deployment  of  pooled  national  means  of  inspection  and 
surveillance; 

The  Joint  Inspection  Framework  will  consist  of  joint  inspection  and  surveillance 
activities to be undertaken on the basis of joint deployment plans that give effect to 

42 

 
 
  
 
specific  monitoring  programmes,  the  purpose  of  which  is  to  implement  effectively 
the recovery plans for certain stocks adopted by the Council. A specific monitoring, 
control  and  surveillance  (MCS)  programme  will  be  introduced  by  the  Commission 
on  request  of  two  or  more  Member  States  or  on  its  own  initiative.  The  joint 
deployment plans drawn up by the CFCA will apply to fisheries in which fleets from 
several Member States participate. 

The Joint Inspection Framework will cover certain co-ordination tasks performed by 
the Commission such as NAFO28/NEAFC29 on the international level. However, as 
these duties have not been considered as priority tasks they have been insufficiently 
covered  by  the  Commission’s  services.  These  tasks  will  be  better  and  more 
efficiently  performed  by  the  CFCA,  which  will  also  be  able  to  address  future 
requirements  for  co-ordination  in  international  waters  (ICCAT30,  IOTC31  etc)  or 
specific MCS programmes for stocks in Community waters that are under threat. The 
output of the Joint Inspection Framework will be the co-ordination and organisation 
of operational activities undertaken by the national competent authorities. 

5.2.3  Other co-ordination support tasks 

The  CFCA  will  also  undertake  support  tasks  to  further  the  co-operation  and  co-
ordination between Member States in the field of inspection and surveillance. Such 
tasks will include: 

(1)  Training of national instructors  

(2) 

Joint procurement in relation to monitoring, control and surveillance activities. 
Development  of  operational  procedures;  technical  input  and  advice,  and  co-
ordination of pilot projects (VMS32, electronic logbooks, etc.)  

Furthermore, the CFCA may provide contractual services to Member States relating 
to inspection and surveillance, including the provision of observers. 

The  Commission  currently  carries  out  some  of  these  tasks  (technical  input,  vessel 
chartering).  Transferring  them  to  the  CFCA  will  imply  a  transfer  of  posts,  as 
appropriate. 

5.3.  Methods of implementation 

The  objectives and mission  of the CFCA as an independent body in support of co-
operation between Member States and its capacity to assemble quickly the necessary 
expertise  in  its  fields  of  competence,  make  it  the  appropriate  Community  body  for 
performing  the  core  tasks  and  the  associated  tasks  resulting  from  the  proposed 
Regulation. 

The  CFCA  will  perform  the  direct  management  of  the  envisaged  actions  using 
regular or outside staff. The detailed activity in the fields mentioned above will be set 

28 
29 
30 
31 
32 

Northwest Atlantic Fisheries Organisation 
North East Atlantic Fisheries Commission 
International Commission for the Conservation of Atlantic Tuna 
Indian Ocean Tuna Commission 
Vessel Monitoring System 

43 

 
 
  
 
                                                 
out in the Work Programme of the CFCA to be established every year by its board in 
close co-operation with the Commission.  

6. 

FINANCIAL IMPACT 

6.1. 

Total financial impact - (over the entire programming period) 

The cost of this intervention by the Agency is calculated by adding up the individual 
costs on an annual basis, starting in 2006, when the Agency will become operational. 

The  expenditure  is  based  on  a  total  staff  of  38  in  the  first  year  rising  to  49  in  the 
second year. The costs are higher in the first year mainly as a result of expenditure on 
setting up the FMC. 

The transfer of the task undertaken by the Commission for chartering an inspection 
vessel  for  patrols  in  NAFO  and  NEAFC  will  result  in  a  saving  of  2,5  MIO  €.  The 
transfer  of  responsibility  to  Member  States  for  placing  observers  on  board  vessels 
operating  in  the  NAFO  Regulatory  Area  foreseen  for  2004  will  already  result  in  a 
saving of 3,0 MIO €. 

These  amounts  will  not  be  transferred  to  the  budget  of  the  CFCA  as  the  tasks  in 
question will become the responsibility of Member States. However, they show that 
the  overall  exercise  foreseen  in  the  CFP  reform  of  re-defining  responsibilities,  of 
which  the  JIF  and  CFCA  play  an  integral  part,  will  not  result  in  an  increase  in  the 
Community budget. 

In addition 3 posts will be withdrawn from the Commission in respect of tasks that 
are currently performed by the Commission but will in the future be undertaken by 
the  CFCA  (see  6.2  (a)).  As  a  consequence  there  will  be  a  reduction  in  the 
administrative costs of the Commission. 

6.1.1.  Financial intervention 

Breakdown 

2005 

2006 

2007 

2008 

2009 

Total 

2010 and 
subs. 
Years 

Commitments (in € million to three decimal places) 

p.m. 

1,1 

0,2 

0,2 

TOTAL  p.m. 

44 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
6.1.2.  Technical  and  administrative  assistance,  support  expenditure  and  IT  expenditure 

(commitment appropriations) 

2005 

2006 

2007 

2008 

2009 

2010 and 
subs. years 

Total 

1) 
administrative assistance 

Technical 

and 

Technical 

a) 
offices

assistance 

b)  Other 
administrative assistance: 

technical 

and 

- intra muros: 

- extra muros: 

of  which  for  construction 
and 
of 
maintenance 
computerised  management 
systems 

Subtotal 1 

2) Support expenditure 

a) Studies 

b) Meetings of experts 

c) Information and 
publications 

Subtotal 2 

TOTAL 

6.2. 

Calculation  of  costs  by  measure  envisaged  (over  the  entire  programming 
period)33 

(a) Human Resources 

The  number  of  staff  is  estimated  at  49.  This  estimate  is  based  on  the  experience 
acquired  with  regard  to  the  work  carried  out  to  date  in  the  field  of  inspection  and 
surveillance of fisheries and by comparison with other bodies (such as the European 
Aviation Safety Agency and the European Maritime Safety Agency). 

The  staff  will  consist  of  9  Commission  officials  on  secondment.  6  of  these  will 
perform  core  managerial  and  administrative  tasks  and  3  (1  A  and  2  B’s  on  posts 
transferred  from  the  Commission  will  perform  tasks  that  in  the  future  will  be 
undertaken by the CFCA.  

Contractual  agents  will  be  recruited  to  fill  the  remaining  posts  (40).  In  recruiting 
such  agents  it  will  be  necessary  to  obtain  staff  to  perform  managerial  and 

33 

For further information, see separate explanatory note. 

45 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
administrative tasks as well as experts who have proven experience in the sector and 
are abreast of the latest technical developments. 

The total annual expenditure for human resources will amount to around 3,8 MIO € 
in  year  1,  rising  to  4,1  MIO  €  in  subsequent  years.  This  estimate  is  based  on  an 
average  Commission  staff  cost  per  year  of  €  0,108  MIO  for  transferred/detached 
officials  and  €  0,096  MIO  for  contractual  staff.  These  costs  include  buildings  and 
related administrative expenditure (postal charges, telecommunications, IT, etc.) and 
cover two meetings per year of the Administrative Board of 25 members (€ 40,000 
per year). 

A  breakdown  of  the  staff  by  areas  of  activity  and  category  is  provided  in  the 
following table: 

ESTIMATE OF HUMAN RESOURCES - BREAKDOWN BY AREAS OF ACTIVITY 
AND CATEGORY 

2006 

A. Administration 

-  Management(this  item  includes  the 
Director and 2 secretaries) 

- Human, legal and financial resources 

- Informatics 

B. Operational Co-ordination: 

General 

1. 
communications 
includes 
1 secretary) 

and 
co-ordination 
item 
(this 
the  Head  of  Unit  and 

- 

FMC  (Fisheries  Monitoring 
Centre)  

D 

2 

2* 

B 

4 

2* 

2* 

10 

T O T A L 

14 

5 

5 

4 

24 

2 

3 

A 

4 

1 

2** 

1 

9 

1 

1 

C 

4 

2* 

1* 

1* 

5 

1* 

2* 

46 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
Joint  deployment 

item 
the  Head  of  Unit  and 

(this 

2. 
includes 
 1 secretary): 

- 

- 

NAFO/NEAFC 

ICCAT/IOTC 

d/Hake in Areas 2 & 3 

Other stocks subject to 

recovery measures 

3.  Co-ordination  support  (this  item 
includes  the  Head  of  Unit  and  1 
secretary): 

- Training of trainers 

- Procurement and development of 
operational procedures; technical input 
and advice, co-ordination of pilot 
projects (VMS, electronic logbooks, 
etc.) 

1* 

1* 

2 

3 

7 

2 

2 

3 

1 

1* 

2 

2** 

5* 

1* 

1 

1* 

1* 

2* 

TOTAL (A + B) 

38 

13 

14 

9 

2 

* 

Post filled by contractual agents 

** 

includes 1 post filled by contractual agent 

47 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2007 AND SUBSEQUENT YEARS 

T O T A L 

A 

A. Administration 

-  Management(this  item  includes  the 
Director and 2 secretaries) 

- Human, legal and financial resources 

- Informatics 

14 

5 

5 

4 

4 

1 

2 

1 

B. Operational Co-ordination: 

35 

12 

General 

1. 
communications 
includes 
1 secretary) 

and 
co-ordination 
item 
(this 
the  Head  of  Unit  and 

- 

FMC  (Fisheries  Monitoring 
Centre)  

Joint  deployment 

item 
the  Head  of  Unit  and 

(this 

2. 
includes 
 1 secretary): 

- 

- 

NAFO/NEAFC 

ICCAT/IOTC 

d/Hake in Areas 2 & 3 

Other stocks subject to 

recovery measures 

3.  Co-ordination  support  (this  item 
includes  the  Head  of  Unit  and  1 
secretary): 

- Training of trainers 

-  Procurement  and  development  of 
operational  procedures;  technical  input 
and  advice,  co-ordination  of  pilot 
projects  (VMS,  electronic  logbooks, 
etc.) 

2 

3 

2 

3 

3 

7 

8 

2 

2 

3 

1 

1 

1 

1 

1 

2 

2 

1 

1 

1 

D 

2 

2 

C 

4 

2 

1 

1 

5 

1 

2 

1 

1 

B 

4 

2 

2 

18 

2 

2 

5 

6 

1 

2 

TOTAL (A + B) 

49 

16 

22 

9 

2 

48 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(b) Equipment Costs 

The  principal  cost  in  terms  of  equipment  will  be  computer  hardware  necessary  for 
the establishment of the FMC. It is estimated that this hardware, together with costs 
related to its installation, programming etc. will amount to € 1 MIO in the first year. 

(c) Operational costs 

- Publication: For publication of the Agency’s reports, a sum of € 20,000 is planned 
from the second year on. 

-  Translation:  To  cut  costs  and  time  taken  for  translation,  the  Agency’s  in-house 
work and documents for the Commission will be available in just one of the working 
languages.  However,  documents  to  and  from  Member  States  will  have  to  be 
translated.  The  cost  of  such  translations  will  have  to  be  adjusted  in  the  light  of 
experience. A sum of € 40,000 is planned from the second year (€ 20,000 for the first 
year). 

- Meetings: It is estimated that around 6 meetings of experts from Member States (10 
persons) to assist in the development and follow-up of deployment plans. A sum of € 
60,000 is planned for the first year, rising to € 120,000 in subsequent years. 

- Missions: Some of the tasks performed by the Agency will necessitate visits to the 
Member  States  or  to  the  Commission.  In  addition  it  is  necessary  to  provide  for 
missions  outside  the  Community  to  attend  meetings  of  Regional  Fisheries 
Management  Organisations  for  example  (NAFO,  ICCAT  etc.).  The  cost  of  such 
missions is estimated at € 30,000 in the first year, rising to € 40,000 in subsequent 
years. 

It is estimated that the operational costs would amount to 110,000 € in the first year, 
rising to € 220,000 in subsequent years. 

7. 

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE  

7.1. 

Impact on human resources 

Types of post 

Staff to be assigned to management of the 
action using existing and/or additional 
resources 

Number of post for 
officials on 
secondments 

Number of 
contractual agent 
posts 

Officials 
or 
contractual agents 

A 

B 

C 

Other human resources 

Total 

7 

2 

9 

9 

20 

9 

2 

40 

Description of tasks deriving from the 
action 

Total 

16 

22 

9 

2 

49 

. 

D posts 

There  will  be  a  saving  for  the  administrative  budget  of  the  Commission  in  respect  of 
transferred posts and detached officials of around € 0,9 MIO. 

49 

 
 
  
 
 
 
 
7.2. 

Overall financial impact of human resources  

(a) 2006 

Type of human resources 

Amount (€) 

Method of calculation *  

Officials 

Contractual agents 

972.000 

2.784.000 

9 x € 0,108 MIO/year 

29 x € 0,096 MIO/year 

Other human resources (specify budget line) 

(a) 2007 and subsequent years 

Total ( MIO €)  3,756 

Type of human resources 

Amount (€) 

Method of calculation *  

Officials 

Contractual agents 

972.000 

3.840.000 

9 x € 0,108 MIO/year 

40 x € 0,096 MIO/year 

Other human resources (specify budget line) 

Total ( MIO €)  4,812 

7.3. 

Other administrative expenditure deriving from the action 

Amount € 

Method of calculation 

40.000 

2 x 20.000 Administrative board 

Budget line 

(number and heading) 

Overall allocation (Title A7) 

A0701 – Missions 

A07030 – Meetings 
A07031 – Compulsory committees 1 
A07032 – Non-compulsory committees 1 

A07040 – Conferences 

A0705 – Studies and consultations 

Other expenditure (specify) 

Information systems (A-5001/A-4300) 

Other expenditure - Part A (specify) 

Total  40.000 

The amounts are total expenditure for twelve months. 

1 Specify the type of committee and the group to which it belongs. 

I. 

II. 

Annual total (7.2 + 7.3) 

Duration of action 

III. 

Total cost of action (I x II) 

50 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8. 

FOLLOW-UP AND EVALUATION 

The  CFCA,  in  line  with  its  founding  regulation  will  have  to  produce  every  year  a 
general report on its activities for the previous year which will be forwarded to the 
Member  States,  the  European  Parliament,  the  Council  and  the  Commission.  This 
report  will  present  all  specific  actions  undertaken  by  the  CFCA  and  will  provide 
elements for the evaluation of the actions undertaken under the proposed revision of 
the Agency Regulation. 

With regard to the implementation of the Joint Inspection Framework as well as the 
other  operational  functions  of  the  CFCA  a  study  is  being  carried  out  in  order  to 
develop an optimal role for the CFCA. 

An independent external evaluation of the implementation of the proposed regulation 
is to be carried out within three years from the date of the CFCA having taken up its 
responsibilities. After this initial evaluation of the start-up phase the activities of the 
CFCA will be evaluated at least every five years. 

9. 

ANTI-FRAUD MEASURES 

In order to combat fraud, corruption and other unlawful activities, the provisions of 
Regulation (EC) No 1073/1999 shall apply without restriction to the Agency, which 
shall  also  accede  to  the  Inter-Institutional  Agreement  of  25  May  1999  concerning 
internal  investigations  by  OLAF  and  shall  issue,  without  delay,  the  appropriate 
provisions to its staff. 

51