Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy
Date: 2005-04-26
Institutions: Council of the European Union
Subjects: European Fisheries Control Agency, fishery management, fishing controls, operation of the Institutions, rules of procedure

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 768/2005

of 26 April 2005

establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93
establishing a control system applicable to the common fisheries policy

THE COUNCIL OF THE EUROPEAN UNION,

(4)

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

establishing the European

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
distortions in competition.

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

(5)

Effective fisheries control and inspection is considered as
essential to combat illegal, unreported and unregulated
fishing.

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 policy (2)
to ensure effective control,
requires Member States
the
inspection and enforcement of
common fisheries policy and to cooperate with each
other and with third countries to this end.

rules of

the

To fulfil these obligations it is necessary for the Member
States to coordinate their control and inspection activities
within their land territory and in Community and inter-
national waters in accordance with international law and,
in particular, the obligations of the Community in the
framework of regional fisheries organisations and under
agreements with third countries.

(6) Without prejudice to the responsibilities of Member
States that arise from Regulation (EC) No 2371/2002,
there
and administrative
Community body to organise cooperation and coordi-
fisheries
nation between Member
control and inspection.

is need for

regarding

technical

States

a

(7)

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

(8)

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

the purposes for which the

No inspection scheme can be cost effective without
providing for inspections on land. It is for that reason
that land territory should be covered by joint deployment
plans.

(9)

(1) Opinion of 23 February 2005 (not yet published in the Official

Journal).

(2) OJ L 358, 31.12.2002, p. 59.

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 third
countries and/or regional fisheries organisations and to
cooperate with their competent authorities within the
framework of
the
Community.

international obligations of

the

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(10) Moreover, there is a need to work towards the effective
application of Community inspection procedures. The
Agency could over time become a reference source for
scientific and technical assistance for fisheries control and
inspection.

(11)

(12)

(13)

(14)

In order to meet the objectives of the common fisheries
policy, which is to provide for a sustainable exploitation
of living aquatic resources in the context of sustainable
development, the Council adopts measures concerning
conservation, management and exploitation of
living
aquatic resources.

To ensure the proper enforcement of
these measures
adequate control and enforcement means must be
deployed by the Member States. In order to make such
control and enforcement more effective and efficient it is
appropriate for the Commission in accordance with the
procedure laid down in Article 30(2) of Regulation (EC)
No 2371/2002 and in concert with the Member States
concerned to adopt
specific control and inspection
programmes. Council Regulation (EEC) No 2847/93 of
12 October 1993 establishing
system
applicable to the common fisheries policy (1) should be
amended accordingly.

control

a

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.
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.

Fisheries

control

States

to effectively provide

The adoption of a control and inspection programme
obliges Member
the
resources necessary to carry out the programme. It is
necessary for the Member States to promptly notify the
Agency of the means of control and inspection with
which they intend to execute any such programme. No
additional obligations in terms of control, inspection and
enforcement or
in relation to making available the
resources necessary in this context must be created by
the joint deployment plans.

(15) A joint deployment plan should only be prepared by the
Agency if it is foreseen in the work programme.

(16)

The work programme should be adopted by the Admin-
istrative Board, which ensures that sufficient consensus is
reached, including on the matching of tasks foreseen for
the Agency in the work programme and resources
available to the Agency, based on the information to
be provided by Member States.

(1) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 1954/2003 (OJ L 289, 7.11.2003, p. 1).

(17)

(18)

(19)

(20)

(21)

The key task of the Executive Director should be to
ensure in his/her consultations with Members of
the
Board and Member States that
the ambitions in the
work programme for each year are matched by sufficient
resources made available to the Agency by Member
States to fulfil the work programme.

The Executive Director should in particular draft precise
deployment plans using the
resources notified by
Member States for the fulfilment of each control and
inspection programme and respecting the rules and
in the specific control and inspection
aims set out
programme on which the joint deployment plan is
based, as well as other relevant rules, such as those
relating to Community Inspectors.

In this context it is necessary that the Executive Director
manages the timing in such a manner as to give Member
States sufficient time to provide their comments, building
on their operational expertise, while staying within the
work plan of the Agency and the time limits foreseen in
this Regulation. It is necessary for the Executive Director
to take account of the interest of the Member States
In
concerned in the fisheries covered by each plan.
order to ensure efficient and timely coordination of the
joint control and inspection activities, it is necessary to
provide for a procedure to allow for decisions on the
adoption of the plans when an agreement cannot be
reached between the Member States concerned.

joint
The procedure for the drafting and adopting of
deployment plans outside Community waters must be
similar
to that concerning Community waters. The
basis for such joint deployment plans must be an inter-
national control and inspection programme giving effect
relating to control and
to international obligations
inspection binding upon the Community.

control

and inspection that

For the implementation of joint deployment plans, the
Member States concerned should pool and deploy the
means of
they have
committed to such plans. 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.

(22) While Member States should respect

their obligations
in particular under
relating to inspection and control,
the specific control and inspection programme adopted
pursuant to Regulation (EC) No 2371/2002, the Agency
should not have the power to impose additional obli-
gations through joint deployment plans or to sanction
Member States.

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(23)

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

(30) An Advisory Board should be created in order to advise
the Executive Director and to ensure close cooperation
with stakeholders.

(24)

implementing rules

It is appropriate to provide for the possibility to adopt
specific
adoption and
approval of joint deployment plans. It may be useful to
use this possibility once the Agency has started operating
and the Executive Director considers that such rules must
be laid down in Community law.

the

for

(31) Given that the Agency has to fulfil Community obli-
to
the request of
gations and, at
cooperate with third countries and regional
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.

the Commission,

(25)

The Agency should be entitled, where so requested, to
provide contractual services relating to the means of
control and inspection to be used for joint deployment
by the Member States concerned.

(32)

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.

(26)

(27)

(28)

fulfilling the Agency’s tasks,

For the purpose of
Commission,
should exchange relevant
inspection through an information network.

the
and the Agency
information on control and

the Member States

status

the Agency

to carry out

and structure of

should
The
correspond to the objective character of the results it is
intended to produce and allow it
its
functions in close cooperation with the Member States
the Agency
and with the Commission. Consequently,
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
the powers which are
conferred on it by this Regulation.

and exercising

to the

the Agency, which is
liability of
For the contractual
governed by the
contracts
law applicable
concluded by the Agency, the Court of Justice should
have jurisdiction pursuant
to any arbitration clause
contained in the contract. The Court of Justice should
also have jurisdiction in disputes relating to compen-
sation for any damage arising from the non-contractual
liability of the Agency in accordance with the general
principles common to the laws of the Member States.

(29)

The Commission and the Member States should be repre-
sented within an Administrative Board that would be
entrusted with ensuring the correct and effective func-
tioning of the Agency.

(33)

It is appropriate to provide for the participation in the
deliberations of the Administrative Board of a represen-
tative of the Advisory Board with no voting rights.

(34)

(35)

(36)

(37)

is necessary to provide for

the appointment and
the Agency as
the rules governing the exercise of his/her

the Executive Director of

It
dismissal of
well as
functions.

In order to promote the transparent functioning of the
Agency, Regulation (EC) No 1049/2001 of the European
Parliament and of the Council of 30 May 2001 regarding
to European Parliament, Council and
public access
documents (1)
Commission
apply without
restriction to the Agency.

should

In the interest of the protection of the privacy of indi-
viduals, Regulation (EC) No 45/2001 of the European
Parliament and of the Council of 18 December 2000
individuals with regard to the
on the protection of
processing of personal data by the Community insti-
tutions and bodies and on the free movement of such
data (2) should apply to this Regulation.

it

the Agency,

In order to guarantee the functional autonomy and inde-
pendence of
should be granted an
autonomous budget whose revenue comes from a contri-
bution 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
the
subsidies
European Union are
auditing of
accounts should be undertaken by the Court of Auditors.

to the general budget of

concerned. The

chargeable

(1) OJ L 145, 31.5.2001, p. 43.
(2) OJ L 8, 12.1.2001, p. 1.

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(38)

of

by

the

the

provisions

Regulation

In order to combat fraud, corruption, and other unlawful
activities,
(EC)
No 1073/1999 of the European Parliament and of the
Council of 25 May 1999 concerning investigations
European Anti-Fraud Office
conducted
(OLAF) (1)
restriction to the
Agency, which should accede to the Interinstitutional
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) (2).

should apply without

(39)

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 Commission (3),

HAS ADOPTED THIS REGULATION:

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
fisheries control and inspection
operational coordination of
activities by the Member States and to assist
them to
cooperate so as to comply with the rules of the Common
Fisheries Policy in order to ensure its effective and uniform
application.

Article 2

Definitions

inspectors, observers and other human resources used by
Member States for control and inspection;

(c)

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

(d) ‘international control and inspection programme’ means a
programme that sets objectives, common priorities and
procedures
to
and
implement
the Community
relating to control and inspection;

for
international obligations of

inspection activities

control

(e)

‘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 (EEC)
No 2847/93;

(f)

‘fishery’ means the fishing activities exploiting certain stocks
as defined by the Council in particular pursuant to Articles
5 and 6 of Regulation (EC) No 2371/2002;

(g)

‘Community inspectors’ means the inspectors included on
the list referred to in Article 28(4) of Regulation (EC)
No 2371/2002.

CHAPTER II

MISSION AND TASKS OF THE AGENCY

Article 3

Mission

The mission of the Agency shall be:

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

(a)

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

(a)

‘control and inspection’ means any measures taken by
Member States,
in particular pursuant to Articles 23, 24
and 28 of Regulation (EC) No 2371/2002, 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;

(b) ‘means of control and inspection’ means surveillance vessels,
aircraft, vehicles and other material resources as well as

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

(c)

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

(1) OJ L 136, 31.5.1999, p. 1.
(2) OJ L 136, 31.5.1999, p. 15.
(3) OJ L 184, 17.7.1999, p. 23.

(d)

in the field of its competences, to assist Member States to
fulfil
the
their tasks and obligations under the rules of
common fisheries policy;

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(e)

to assist Member States and the Commission in harmo-
nising the application of
the common fisheries policy
throughout the Community;

(f)

to contribute to the work of Member States and the
Commission on research into and development of control
and inspection techniques;

(g) to contribute to the coordination of inspector training and

the exchange of experience between Member States;

Article 6

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
joint operations by the Member States
of observers
concerned.

for

(h) to coordinate the operations to combat illegal, unreported
and unregulated fishing in conformity with Community
rules.

Article 7

Assistance to Member States

Article 4

In order to assist Member States to better fulfil their obligations
under the rules of the common fisheries policy, the Agency
shall in particular:

Tasks relating to the international obligations of

the

Community relating to control and inspection

1.

The Agency shall, at the request of the Commission:

(a) assist the Community and Member States in their relations
fisheries

with third countries and regional
organisations of which the Community is a member;

international

(b) cooperate with the competent authorities of regional inter-
national fisheries organisations regarding the control and
inspection
the
framework of working arrangements concluded with such
bodies.

the Community

obligations

of

in

the request of

The Agency may, at

2.
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.

(a) establish and develop a core curriculum for the training of
the instructors of the fisheries inspectors of the Member
States
and
additional
seminars to those inspectors and other personnel involved
in monitoring, control and inspection activities;

and provide

training

courses

(b) 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;

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

The Agency may, within its field of competence, carry out
3.
on behalf of Member States tasks under international fisheries
agreements to which the Community is a party.

(d) 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.

Article 5

Tasks relating to operational coordination

CHAPTER III

1.
Operational coordination by the Agency shall cover
including impor-
inspection and control of fishing activities,
tation, transport and landing of fishery products, up to the
point where such products are received by the first buyer
after landing.

OPERATIONAL COORDINATION

Article 8

Implementation of Community obligations

relating to

control and inspection

2.
For the purpose of operational coordination, the Agency
shall establish joint deployment plans and organise operational
coordination of control and inspection by Member States in
accordance with Chapter III.

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 estab-
lishing joint deployment plans.

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Article 9

Implementation of specific control and inspection
programmes

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

Article 10

Content of joint deployment plans

Each joint deployment plan shall:

(a)

fulfil the requirements of the relevant control and inspection
programme;

(b) give effect
common
by
Commission in control and inspection programmes;

to the criteria, benchmarks, priorities and
the

determined

procedures

inspection

(c) seek to match the existing national means of control and
inspection communicated pursuant to Article 11(2) with
needs and organise their deployment;

(d) 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;

(e)

the Member
take account of
States concerned in respect of other
joint deployment
plans, as well as any specific regional or local constraints;

the existing obligations of

inspection programme or
programme by which it
month from the notification to the Member States of
Decision establishing any such programme.

specific control and inspection
than one
the

is concerned, no later

Article 12

Procedure for the adoption of joint deployment plans

1.
On the basis of the notifications provided for in Article
11(2) and within three months from the receipt of such noti-
fications, the Executive Director of the Agency shall establish a
draft joint deployment plan in consultation with the Member
States concerned.

2.
The draft joint deployment plan shall identify the means
of control and inspection which could be pooled in order to
implement the control and inspection programme to which the
plan relates on the basis of the interest of the Member States
concerned in the relevant fishery.

The interest in a fishery of a Member State shall be assessed by
reference to the following criteria whose relative weighting shall
depend on the specific features of each plan:

(a)

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

(b) the quantity of

fish landed on its territory in a given
reference period as a proportion of
landings
from the fishery that is subject to the joint deployment plan;

the total

(f) define the conditions under which the means of control and
inspection of a Member State may enter the waters under
the sovereignty and jurisdiction of another Member State.

(c)

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

Article 11

Notification of means of control and inspection

1. Member States shall each year before 15 October notify
the Agency of the means of control and inspection that it has
available for the purpose of control and inspection in the
following year.

2.
Each Member State shall notify the Agency of the means
with which it intends to execute the international control and

(d) 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.

that

If,
it

in the course of preparing a draft joint deployment
3.
plan,
there are insufficient means of
is apparent
control and inspection available to fulfil the requirements of
the relevant control and inspection programme, the Executive
Director shall promptly notify the Member States concerned
and the Commission.

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shall notify the draft

The Executive Director

joint
4.
deployment plan to the Member States concerned and the
Commission. If within fifteen working days of such notification
the Member States concerned or the Commission have not
raised an objection, the Executive Director shall adopt the plan.

If one or more of the Member States concerned or the
5.
Commission has raised an objection,
the Executive Director
shall refer the matter to the Commission. The Commission
may make any necessary adjustments to the plan and adopt it
in accordance with the procedure laid down in Article 30(2) of
Regulation (EC) No 2371/2002.

6.
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.

Article 13

Implementation of joint deployment plans

Joint control and inspection activities shall be performed

1.
on the basis of the joint deployment plans.

The Member States concerned by a joint deployment plan

2.
shall:

activities in accordance with the rules of
fisheries policy.

the common

3. Without prejudice to Member States’ obligations within
the framework of a joint deployment plan established under
Article 12, the command and control of the means of control
and inspection that have been committed to a joint deployment
plan shall be the responsibility of the competent national autho-
rities in accordance with national law.

4.
The Executive Director may define requirements for the
implementation of a joint deployment plan adopted under
Article 12. Such requirements shall remain within the limits
of this plan.

Article 14

Assessment of joint deployment plans

The Agency shall undertake an annual assessment of the effec-
tiveness 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 control
measures. Such assessments shall be promptly communicated
to the European Parliament, the Commission and the Member
States.

Article 15

(a) make available those means of control and inspection that

are committed for the joint deployment plan;

Fisheries that are not subject to control and inspection
programmes

(b) 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 from the Agency
that relate to the implementation of the joint deployment
plan, and notify this to the Agency;

Two or more Member States may request the Agency to coor-
dinate 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.

(c) deploy its pooled means of control and inspection in
joint deployment plan and the

accordance with the
requirements mentioned in paragraph 4;

Article 16

Information network

(d) provide the Agency on-line access to information necessary
for the implementation of the joint deployment plan;

The Commission, the Agency and the competent autho-
1.
rities of Member States shall exchange relevant
information
available to them regarding joint control and inspection
activities within Community and international waters.

(e) cooperate with the Agency regarding the implementation of

the joint deployment plan;

(f) ensure that any means of control and inspection, assigned
their
to a Community joint deployment plan carry out

competent

Each national

2.
in
accordance with the relevant Community legislation, measures
to ensure appropriate confidentiality of the information received
by them under this Article in accordance with Article 37 of
Regulation (EEC) No 2847/93.

authority

take,

shall

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Article 17

Detailed rules

The Agency may also employ officials seconded by Member
States on a temporary basis.

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

Article 20

Privileges and immunities

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

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

CHAPTER IV

INTERNAL STRUCTURE AND FUNCTIONING

Article 18

Legal status and principal office

The Agency shall be a body of the Community. It shall

1.
have legal personality.

2.
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.

3.

The Agency shall be represented by its Executive Director.

4.

The seat of the Agency shall be at Vigo, Spain.

Article 21

Liability

The contractual liability of the Agency shall be governed

1.
by the law applicable to the contract in question.

2.
The Court of
judgment pursuant
contract concluded by the Agency.

Justice shall have jurisdiction to give
to any arbitration clause contained in a

3.
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 shall have jurisdiction in any dispute relating to compen-
sation for such damage.

4.
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 19

Staff

Article 22

Languages

laid

down

in Regulation

The Staff Regulations of officials and the conditions of
1.
employment of other servants of the European Communities
as
ECSC)
No 259/68 (1) and the rules adopted jointly by the institutions
of the European Communities for the purposes of the appli-
cation 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.

Euratom,

(EEC,

The provisions laid down in Regulation No 1 of 15 April
1.
1958 determining the languages to be used by the European
Economic Community (2) shall apply to the Agency.

The translation services required for the functioning of the
the

2.
Agency shall be provided by the Translation Centre of
bodies of the European Union.

2. Without prejudice to Article 30, 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.

Creation and powers of the Administrative Board

1.

The Agency shall have an Administrative Board.

Article 23

The Agency’s staff shall consist of officials assigned or
3.
seconded by the Commission on a temporary basis and of
other servants recruited by the Agency as necessary to carry
out its tasks.

2.

The Administrative Board shall:

(a) appoint and dismiss the Executive Director pursuant

to

Article 30;

(1) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation

(EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1).

(2) OJ 17, 6.10.1958, p. 385/58.

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

the previous year and forward it

the Commission,

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

its disagreement with that programme,

(d) 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;

(e) perform its duties in relation to the Agency’s budget in

accordance with Articles 35, 36 and 38;

(f) exercise disciplinary authority over the Executive Director;

(g) establish its rules of procedure which may provide for the
the Administrative
sub-committees of

establishment of
Board as necessary;

(h) adopt procedures necessary for the performance by the

Agency of its tasks.

Article 24

Composition of the Administrative Board

1.
The Administrative Board shall be composed of represen-
the
tatives of Member States and six representatives of
Commission. Each Member State shall be entitled to appoint
one member. The Member States and the Commission shall
appoint one alternate to each member who will represent the
member in his/her absence.

The duration of office of each member shall be five years
3.
as from the date of appointment. The term of office may be
renewed.

Article 25

Chairing of the Administrative Board

The Administrative Board shall elect a Chairperson from
1.
among the Commission representatives. The Administrative
Board shall elect a Deputy Chairperson from among its
members. The Deputy Chairperson shall automatically take
the Chairperson if he/she is prevented from
the place of
attending to his/her duties.

The terms of office of the Chairperson and Deputy Chair-
2.
person 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 26

Meetings

The meetings of

1.
the Administrative Board shall be
convened by its Chairperson. The agenda shall be determined
by the Chairperson,
the proposals of
members of
the Administrative Board and the Executive
Director of the Agency.

taking into account

The Executive Director and the representative appointed
in the deliberations

2.
by the Advisory Board shall
without the right to vote.

take part

The Administrative Board shall hold an ordinary meeting
3.
at least 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.

4. 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 repre-
sentative appointed by the Advisory Board. 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
to attend its meetings as an

interest

5.
opinion may be of
observer.

2.
Board members shall be appointed on the basis of their
degree of relevant experience and expertise in the field of
fisheries control and inspection.

6.
The members of the Administrative Board may, subject to
the provisions of its rules of procedure, be assisted by advisers
or experts.

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for
The secretariat
7.
provided by the Agency.

the Administrative Board shall be

programme within the limits specified by this Regulation,
its implementing rules and any applicable law;

Article 27

Voting

The Administrative Board shall take its decisions by an

1.
absolute majority of votes.

(b) 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 Regu-
lation;

2.
Each member shall have one vote. In the absence of a
member, his/her alternate shall be entitled to exercise his/her
right to vote.

(c) 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;

The rules of procedure shall establish the more detailed
3.
voting arrangements, in particular, the conditions for a member
to act on behalf of another member as well as any quorum
requirements, where appropriate.

(d) he/she shall respond to requests from the Commission and
to requests for assistance from a Member State pursuant to
Articles 6, 7 and 15;

Article 28

Declaration of Interests

the Administrative Board shall make a
The members of
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 preju-
dicial to their independence. Those declarations shall be made
annually in writing or whenever a conflict of interests may arise
in relation to the items on the agenda. In the latter case the
member concerned shall not be entitled to vote on any such
items.

Article 29

Duties and powers of the Executive Director

1.
The Agency shall be managed by its Executive Director.
Without prejudice to the respective competencies of
the
the Executive
Commission and the Administrative Board,
Director shall neither seek nor take instructions from any
government or any other body.

The Executive Director shall, in the performance of his/her
to the principles of the common fisheries

2.
tasks, give effect
policy.

The Executive Director shall have the following duties and

3.
powers:

(a) 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
the work
necessary steps

implementation of

the

for

(e) 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 profes-
sional standards;

(f) he/she shall exercise in respect of the staff the powers laid

down in Article 19(2);

(g) 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

4.
activities to the Administrative Board.

Article 30

Appointment and dismissal of the Executive Director

1.
The Executive Director shall be appointed by the Admin-
istrative Board, on the grounds of merit and documented
relevant experience in the field of
the common fisheries
policy and fisheries control and inspection, from a list of at
least
two 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.

2.
Power to dismiss the Executive Director shall lie with the
Administrative Board. The Board shall deliberate on this item at
the request of the Commission or of one third of its members.

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The Administrative Board shall take the decisions under

3.
paragraphs 1 and 2 by a two thirds majority of members.

reliable and easily understandable information with regard to
its work.

The term of office of the Executive Director shall be five
4.
years. The term of office may be extended once for a further
five years on a proposal of the Commission and be approved by
a two thirds majority of members of the Administrative Board.

Article 31

Advisory Board

The Advisory Board shall be composed of representatives
1.
of the Regional Advisory Councils provided for by Article 31 of
Regulation (EC) No 2371/2002, on the basis of one represen-
tative designated by each Regional Advisory Council. Represen-
tatives may be replaced by alternates, appointed at the same
time.

2. Members of the Advisory Board may not be members of
the Administrative Board.

The Advisory Board shall appoint one of its members to take
part in the deliberations of the Administrative Board without
the right to vote.

3.
The Advisory Board shall at the request of the Executive
Director advise him/her in the performance of his/her duties
under this Regulation.

4.
The Advisory Board shall be chaired by the Executive
Director. It shall meet at the invitation of the Chair not less
than once per year.

The Agency shall provide the logistic support necessary
for its

5.
for the Advisory Board and provide the Secretariat
meetings.

The members of the Administrative Board may attend the

6.
meetings of the Advisory Board.

Article 32

Transparency and communication

Regulation (EC) No 1049/2001 shall apply to documents

1.
held by the Agency.

2.
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 Administrative Board shall

4.
internal rules for the application of paragraph 3.

lay down the necessary

5.
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 Treaty.

6.
The information collected in accordance with this Regu-
lation by the Commission and the Agency shall be subject to
Regulation (EC) No 45/2001.

Article 33

Confidentiality

the Administrative Board,

1. Members of
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.

2.
The Administrative Board shall
regarding the practical arrangements
confidentiality requirements referred to in paragraph 1.

lay down internal rules
implementing the

for

Article 34

Access to information

1.
The Commission shall have full access to all information
collected by the Agency. The Agency shall furnish any infor-
mation and an evaluation of
information to the
Commission at its request and in the form specified by it.

that

2.
The Member States concerned by any particular operation
of the Agency shall have access to the information collected by
the Agency in relation to such operation subject
to the
conditions which may be established in accordance with the
procedure laid down in Article 30(2) of Regulation (EC)
No 2371/2002.

CHAPTER V

FINANCIAL PROVISIONS

Article 35

Budget

1.

The Agency’s revenues shall consist of:

3.
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,

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

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(b) charges for services provided by the Agency to Member

States in accordance with Article 6;

(c) charges for publications, training and/or any other services

provided by the Agency.

The Administrative Board shall, as soon as possible,
11.
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.

The Agency’s expenditure shall cover staff and adminis-

2.
trative, infrastructure and operational expenses.

12. 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.

The Executive Director shall draw up a draft statement of
3.
the Agency’s revenue and expenditure for the
estimates of
following financial year and shall forward it to the Adminis-
trative Board, together with a draft establishment plan.

Article 36

Implementation and control of the budget

4.

Revenue and expenditure shall be in balance.

Each year the Administrative Board, on the basis of a draft
5.
statement of estimates of
shall
produce a statement of estimates of revenue and expenditure
for the Agency for the following financial year.

revenue and expenditure,

This statement of estimates, which shall

include a draft
6.
establishment plan,
together with the provisional work
programme, shall by 31 March at the latest be forwarded by
the Administrative Board to the Commission.

7.
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.

estimates,

statement of

the European Union the

On the basis of
enter

the
the
8.
in the preliminary draft general
Commission shall
budget of
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.

estimates

9.
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 Executive Director shall implement the budget of the

1.
Agency.

2.
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 conso-
lidate the provisional accounts of the institutions and decen-
tralised 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 (1) (the ‘Financial Regulation’).

By 31 March at the latest following each financial year,
3.
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
4.
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

5.
Agency’s final accounts.

The budget shall be adopted by the Administrative
10.
Board.
It shall become final following final adoption of the
general budget of the European Union. Where appropriate, it
shall be adjusted accordingly.

By 1 July of the following year at the latest, the Executive
6.
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.

(1) OJ L 248, 16.9.2002, p. 1.

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7.

The final accounts shall be published.

The Agency shall establish an internal audit

8.
function
which must be performed in compliance with the relevant
international standards.

9.
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
10.
information
Parliament, at
necessary
the discharge
for
procedure for the financial year in question, as laid down in
Article 146(3) of the Financial Regulation.

request of
smooth application of

latter, all

the
the

the

11.
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.

Article 37

Combating fraud

1.
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.

shall

The Agency

Interinstitutional
accede
2.
Agreement of 25 May 1999 concerning internal investigations
by OLAF and shall
the appropriate
provisions to all of its staff.

issue, without delay,

to the

3.
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 Regu-
lation (EC, Euratom) No 1605/2002 on the Financial Regulation
applicable to the general budget of
the European Commu-
nities (1) unless specifically required for the Agency’s operation
and with the Commission’s prior consent.

(1) OJ L 357, 31.12.2002, p. 72.

CHAPTER VI

FINAL PROVISIONS

Article 39

Evaluation

1. 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 infor-
mation the Agency considers relevant to the evaluation.

2.
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 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 commence its activities within twelve months
of the date of entry into force of this Regulation.

Article 41

Amendment

Article 34c of Regulation (EEC) No 2847/93 shall be replaced
by the following:

‘Article 34c

The Commission, in accordance with the procedure laid
1.
down in Article 36 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.

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control

specific

and inspection programme

shall
The
determine the fisheries involving two or more Member
States
conditions
subject
governing such fisheries.

to the programme

and the

deployment plans established under Council Regulation (EC)
No 768/2005 of 26 April 2005 establishing a Community
Fisheries Control Agency and amending Regulation (EC)
No 2847/93 establishing a control system applicable to the
common fisheries policy (**).

for

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

and inspection activities,

as possible.

economical

effective

control

and

control

The Commission shall

the
2.
and inspection
performance of
programme and shall report
to the European Parliament
and the Council in accordance with Article 27(4) of Regu-
lation (EC) No 2371/2002.

each specific

and evaluate

control

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 Council Regulation (EC) No 2371/2002 of 20 December
2002 on the conservation and sustainable exploitation of
fisheries resources under the common fisheries policy (*) or
a management plan adopted pursuant to Article 6 of that
Regulation.

___________
(*) OJ L 358, 21.12.2002, p. 59.
(**) OJ L 128, 21.5.2005, p. 1.’

Article 42

Entry into force

Specific control and inspection programmes shall be imple-
mented by the Member States concerned on the basis of joint

This Regulation shall enter into force on the twentieth day
following 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 Luxembourg, 26 April 2005.

For the Council
The President

F. BODEN