2005/429/EC: Commission Decision of 2 June 2005 establishing a specific monitoring programme related to the recovery of cod stocks (notified under document number C(2005) 1538)
Date: 2005-06-02
Institutions: European Commission
Subjects: Belgium, Denmark, France, Germany, Ireland, Netherlands, Sweden, United Kingdom, common fisheries policy, conservation of fish stocks, fishing controls

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 2 June 2005

establishing a specific monitoring programme related to the recovery of cod stocks

(notified under document number C(2005) 1538)

(only the Danish, German, English, French, Dutch and Swedish texts are authentic)

(2005/429/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Sea, the Skagerrak and the Eastern Channel, the West of
Scotland and the Irish Sea.

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 2847/93 of 12
October 1993 establishing a control system applicable to the
common fisheries policy (1), and in particular Article 34c(1)
thereof,

Whereas:

(1)

(2)

Council Regulation (EC) No 423/2004 (2) establishes
measures
in the
recovery of
Kattegatt, the North Sea, the Skagerrak and the Eastern
Channel, the West of Scotland and the Irish Sea.

cod stocks

the

for

Annex IVa to Council Regulation (EC) No 27/2005, of
22 December 2004, fixing for 2005 the fishing oppor-
tunities and associated conditions for certain fish stocks
fish stocks, applicable in Community
and groups of
in waters where
waters and,
catch limitations are required (3),
lays down interim
fishing effort limitations and additional conditions for
monitoring,
inspection and surveillance in the context
of certain stocks recovery measures applicable to all
fisheries likely to catch cod in the Kattegatt, the North

for Community vessels,

(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).

(2) OJ L 70, 9.3.2004, p. 8.
(3) OJ L 12, 14.1.2005, p. 1.

(3)

(4)

(5)

To ensure the success of those measures, it is necessary
to establish a specific monitoring programme involving
Belgium, Denmark, Germany, France, Ireland, the Neth-
erlands, Sweden and the United Kingdom, with the
objective of guaranteeing an appropriate level of imple-
the conservation and control measures
mentation of
in relation to the
applicable
recovery of cod stocks.

to fishing activities

That specific monitoring programme should be defined
for a period of two years and may be revised in the light
of the adoption of new conservation measures or at the
request of a Member State. The results obtained by the
application of the specific monitoring programme should
be periodically evaluated in cooperation with the Member
States concerned. Where appropriate,
that programme
may be amended.

In order to harmonise the inspection and surveillance of
the relevant fisheries at Community level,
it is appro-
priate to draw up common rules for the inspection and
surveillance activities to be carried out by the competent
authorities of the Member States concerned, and that
Member States adopt national control programmes in
to match such common rules. To that end,
order
inspection and
benchmarks
surveillance
as
as well
inspection priorities and inspection procedures.

intensity
should be

for
the
activities

of
fixed,

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(6)

(7)

concerned should be

inspectors between the Member
Exchanges of national
encouraged so as
to
States
inspection and surveillance
enhance uniformity of
practices and help develop the coordination of
the
control activities between the competent authorities of
those Member States.

To ensure the follow-up of infringements in accordance
with Article 25 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 (1), a framework should be
set up under which all the authorities concerned may
request mutual assistance and exchange relevant infor-
mation in accordance with Articles 34a and 34b of
Regulation (EEC) No 2847/93 and Article 28 of Regu-
lation (EC) No 2371/2002.

(8)

The measures provided for
accordance with the opinion of
Fisheries and Aquaculture,

in this Decision are in
the Committee for

HAS ADOPTED THIS DECISION:

Article 1

Subject-matter

catch cod in the areas referred to in Article 1 of
Decision;

this

(b) all related activities including the transhipment,

landing,
marketing, transport and storage of fishery products and
the recording of landing and sales.

Article 3

National control programmes

1.
Belgium, Denmark, Germany, France, Ireland, the Neth-
erlands, Sweden and the United Kingdom shall establish
national control programmes in conformity with the common
rules set out in Annex I.

National control programmes shall contain all the data

2.
listed in Annex II.

The Member States referred to in paragraph 1 shall submit
3.
to the Commission, three months after the communication of
this decision at the latest, their national control programme and
an implementation schedule for the first six months of their
programme. The schedule shall
include details as regards the
human and material resources allocated and the periods and
zones where they are to be deployed.

This Decision establishes a specific monitoring programme (the
specific monitoring programme), for a period of two years, in
order to ensure the harmonised control of compliance with the
rules for promoting the recovery of cod stocks in the following
areas, as defined in Article 2 of Regulation (EC) No 423/2004:

4.
Thereafter, the Member States concerned shall notify an
updated implementation schedule to the Commission every six
months and no later
than 15 days before the date of
commencement of its implementation.

(a) Kattegatt;

(b) North Sea;

(c)

Skagerrak;

(d) Eastern Channel;

(e)

Irish Sea;

(f) West of Scotland.

Article 2

Scope

The specific monitoring programme shall cover the inspection
and surveillance of:

(a)

fishing activities by vessels using fishing gear types identified
in Article 8 of Regulation (EC) No 423/2004 as likely to

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

Article 4

Commission inspections

Inspections may be carried out by Commission inspectors
the Member States
inspectors of
in accordance with Article 27 of Regulation (EC)

the assistance of

1.
without
concerned,
No 2371/2002.

2.
The competent authority of the Member State concerned
shall provide the Commission inspectors with the assistance
necessary
in
paragraph 1.

inspections provided

to conduct

the

for

3.
The Commission inspectors shall verify their findings with
the inspectors of the Member State concerned. To that end, they
shall meet after each of their inspection visits with officials of
the competent authority of the Member State concerned in
order to brief them on their findings.

Article 5

Joint inspection and surveillance activities

The Member States

1.
undertake joint inspection and surveillance activities.

referred to in Article 3(1) may

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2.

For that purpose, the Member States concerned shall:

(b) the inspection and surveillance activities carried out;

(a) ensure that inspectors from other Member States concerned
are invited to participate in their joint inspection activities;

(b) establish joint operational procedures applicable to their

surveillance crafts.

(c) all infringements, as defined in Annex III, detected during
the six months period, including for each infringement the
flag of the vessel, the identification code, the date, time and
location of the inspection and the nature of the infrin-
gement; Member States shall
the
infringement by references to the letter under which there
are listed in Annex III;

indicate the nature of

Commission inspectors may participate in those joint

3.
inspections.

(d) infringements not listed in Annex III detected during the six

months period;

Article 6

Infringements

In waters subject

to their jurisdiction, Member States
1.
whose inspectors discover any infringement while carrying out
an inspection of a vessel flying the flag of another Member State
shall inform the flag Member State of the date of inspection and
the details of the infringement.

2. Where the Member State whose inspectors discovered the
infringement does not take further action, the flag Member State
shall take prompt action as appropriate to receive and consider
the evidence of the infringement. It shall conduct any further
investigation as necessary for the follow-up of the infringement.
Whenever possible, it shall inspect the fishing vessel concerned.

3. Member States shall cooperate to ensure that,
if prose-
cution of an infringement is transferred in accordance with
Article 31(4) of Regulation (EEC) No 2847/93, the security
and continuity of any evidence of the infringement cited by
its inspectors is guaranteed in each case.

Article 7

Information

The Member States

referred to in Article 3(1)

1.
shall
communicate to the Commission, no later than one month
from the date of
the end of each six months period as
referred to in Article 3(3), the following information concerning
that period:

(e)

the current state of play concerning the follow-up of infrin-
gements detected;

(f) any relevant coordination and cooperation actions between

Member States.

2.
At the request of the Commission, more detailed infor-
mation collected by inspectors, and in particular inspector
copies of the inspection forms containing information on the
matters set out in Annex IV, shall be provided by the Member
States concerned.

Article 8

Evaluation

The Commission shall convene at least once a year a meeting of
the Committee for Fisheries and Aquaculture to evaluate the
compliance with and results of
specific monitoring
programme.

the

Article 9

Addresses

This decision is addressed to the Kingdom of Belgium, the
Kingdom of Denmark, the Federal Republic of Germany, the
French Republic, Ireland, the Kingdom of the Netherlands, the
Kingdom of Sweden and the United Kingdom of Great Britain
and Northern Ireland.

Done at Brussels, 2 June 2005.

(a)

the number of vessels by gear category authorised to fish
cod subject to the conditions of Article 8 of Regulation (EC)
No 423/2004 and the best estimation of the allocation of
fishing possibilities among them;

For the Commission

Joe BORG
Member of the Commission

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ANNEX I

Common Rules for national control programmes, as referred to in Article 3(1)

1.1. The general objective of the national control programmes shall be the verification of compliance with applicable

legislation concerning:

1. OBJECTIVES

(a) quantitative restrictions on the retention on board,

landing, marketing and transport of catches of cod and

associated species as provided for in Regulation (EC) No 423/2004;

(b) logbooks, landing declarations, sales notes and prior notices of landing, including in particular verifying the

reliability of the information recorded;

(c) general technical conservation measures and specific technical measures for fishing for cod and associated

species, as provided for in Commission Regulation (EC) No 2056/2001 (1).

1.2. The specific objective of the national control programmes shall be to achieve a harmonised implementation of the

provisions of Regulation (EC) No 423/2004 and in particular Chapters IV and V of that Regulation.

2. STRATEGY

The specific monitoring programme for cod stocks shall concentrate on inspection and surveillance of fishing activities by
vessels using gear types identified in Article 8 of Regulation (EC) No 423/2004 as likely to catch cod. Random
inspections of transport and marketing of cod shall be used as a complementary cross-checking mechanism to test
the efficiency of inspection and surveillance.

2.1. Priorities

Different gear categories shall be subject to different levels of prioritisation, depending on the extent to which the
fleets are affected by fishing effort limitations. For that reason, each Member State shall set specific priorities.

2.2. Target Benchmarks

At the end of a three-month transition period from the date of notification of this Decision, Member States shall
implement their inspection schedules taking into account the targets set out for Community vessels in the following
table.

Place of inspection

Target benchmarks

Inspection in ports

As a general rule,
inspections shall cover 20 % by weight of cod landings
covering all places of landing. Alternatively, inspections shall be undertaken at
such frequency as to ensure that during a three month period a number of
vessels that account for 20 % or more by weight of cod landings are inspected
landings inspected in number should
at
guarantee an accuracy of 95 % on the estimation of the total quantities of
cod landed.

least once. The total quantity of

Marketing

Inspection of 5 % of the quantities of cod offered for sale in the auction halls

Inspection at sea

Aerial surveillance

Flexible benchmark, to be set after a detailed analysis of the fishing activity in
each area. Benchmarks at sea shall refer the number of patrol days at sea in the
cod recovery zone, with possibly a separate benchmark for days patrolling
specific areas.

Flexible benchmark, to be set after a detailed analysis of the fishing activity
conducted in each area and taking into consideration the available resources at
the Member State’s disposal.

(1) OJ L 277, 20.10.2001, p. 13.

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3.1. General inspection tasks

3. INSPECTION TASKS

An inspection report shall be drawn up for each inspection. Inspectors shall in any case verify and note in their
report the following information:

(a)

the details of the identity of the responsible persons, as well as those of the vessel or vehicles involved in the
activities inspected;

(b) the authorisations, licence and special fishing permit;

(c) relevant vessel documentation such as the logbook, and capacity plans.

The information referred to in points (a), (b) and (c) and all relevant findings from the inspection done at sea, by
aerial surveillance, at port or at any step of the commercialisation process, shall be noted in the inspection reports.

Those findings shall be compared with the information made available to the inspectors by other competent
authorities, including the Vessel Monitoring System information and lists of authorised vessels.

3.2. Specific inspection tasks for aerial surveillance

Inspectors shall verify sightings against allocation of effort.

Inspectors shall report on surveillance data for cross-checking purposes.

Particular attention shall be devoted to derogation areas, such as the West of Scotland.

3.3. Inspection tasks at sea

Inspectors shall always verify the quantities of fish retained on board and compare them with the quantities recorded
in the logbook as well as compliance with separate stowage obligations.

Inspectors shall verify whether the gear used is in compliance with the relevant legal provisions and verify,
particular, if the one net rule is respected.

in

3.4. Inspection tasks at landing

Inspectors shall systematically verify the following:

(a) prior notification of landing including the information concerning the catch on board,

(b) the completion of the logbook, including effort recording,

(c)

the physical quantities on board,

(d) the gear on board,

(e)

the catch composition on board (by-catch rules),

(f)

the separate stowage of cod.

3.5. Inspection tasks concerning transports and marketing

As regards transport, inspectors shall verify in particular the relevant documents accompanying transport and check
them against the physical quantities transported.

As regards marketing, inspectors shall verify the documentation (logbook, landing declaration and sales notes) and
sorting and weighing of the physical quantities.

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ANNEX II

The contents of National Control Programmes as referred to in Article 3(2)

National control programmes shall, inter alia, specify:

1.1. Human means

1. MEANS OF CONTROL

Estimation of the numbers of shore-based and seagoing inspectors and the periods and zones where these are to be
deployed

1.2.

Technical means

Estimation of the numbers of patrol vessels and aircraft and the periods and zones where these are to be deployed.

1.3.

Financial means

Estimation of the budgetary allocation for deployment of human resources, patrol vessels and aircrafts.

List of the designated ports into which any landings of cod in excess of two tonnes must take place.

2. DESIGNATION OF PORTS

The system in place for allocation, monitoring and control of fishing effort, including:

3. EFFORT CONTROL

3.1.

definition of day present in the area;

3.2.

system in use to verify the track records of vessels allocated extra days;

3.3.

system in use to verify compliance with the by-catch restrictions placed upon vessels benefiting from extra days
allocations or derogations;

3.4.

instructions issued to industry on how to register their intended management period and gear category;

3.5.

instructions issued to industry on how to register their intentions to use more than one gear category during a
management period;

3.6.

how effort data is managed and structure of the database;

3.7.

system in use for the transfer of days;

3.8.

system in use for the allocation of extra days;

3.9.

system in use for the non-attribution of transit days;

3.10.

system in use to ensure that equivalent capacity is withdrawn to allow vessels with no track record to fish in an
area.

4. EFFORT REGIME

Associated conditions including:

4.1.

description of the hailing system in use;

4.2.

description of alternative control measures;

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4.3.

system in place to ensure compliance with the pre-notification conditions;

4.4. methodology to implement authorisation to land (facultative);

4.5. method of calculation of the margin of tolerance in the estimation of quantities;

4.6.

separate stowage;

4.7.

sampling plan of weighing of landings;

4.8.

transport documents.

Protocols for inspections at landing, first sale, after first sale and transport.

5. INSPECTION PROTOCOLS

Protocols for sea inspections

Explanatory guidelines for inspectors, producers’ organisations and fishermen.

6. GUIDELINES

7. COMMUNICATION PROTOCOLS

Protocols for communication with the competent authorities designated by other Member States as being responsible for
the specific monitoring programme for cod.

Protocols for exchange of inspectors including specification of powers and authority of inspectors operating in each
other’s EEZ.

8. EXCHANGES OF INSPECTORS

Specific inspection benchmarks

Each Member State shall set specific benchmarks. Such benchmarks shall be communicated to all Member States
concerned and revised periodically after analysis of the results achieved. Inspection benchmark shall evolve progressively
until the target benchmarks defined in Annex I of this Regulation are reached.

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ANNEX III

List of infringements as referred to in Article 7

A. Failure by the master of a fishing vessel or his representative, prior to entry to port of a Member State with more than
one tonne of cod on board, to respect the pre-notification rules laid down in Article 11 of Regulation (EC) No
423/2004.

B. Failure by the master of a fishing vessel carrying more than two tonnes of cod to land into a designated port as laid

down in Article 12 of Regulation (EC) No 423/2004.

C. Being absent from port for more than the number of days laid down under the provisions adopted by the Council

according Article 8 of Regulation (EC) No 423/2004.

D. Tampering with the satellite-based vessel monitoring system as laid down in Article 6 of Commission Regulation (EC)

No 2244/2003 (1).

E. Falsifying or failing to record data in logbooks including effort reports, landing declarations, and sales notes, takeover
declarations and transport documents or failure to keep or submit these documents as laid down in Articles 13, 14
and 15 of Regulation (EC) No 423/2004.

F. Failure by the master of a fishing vessel or his representative to notify to the authorities of the flag Member State
which gear or gears he intends to use during the forthcoming management period as defined under the provisions
adopted by the Council according Article 8 of Regulation (EC) No 423/2004.

G. Failure by the master of a fishing vessel or his representative to carry on board, during a given trip, only one type of
fishing gear as defined under the provisions adopted by the Council pursuant to Article 8 of Regulation (EC) No
423/2004.

H. Failure by the master of a fishing vessel or his representative to give prior notification of the type of fishing gear that
is to be carried on board before each fishing trip as defined under the provisions adopted by the Council according to
Article 8 of Regulation (EC) No 423/2004.

(1) OJ L 333, 20.12.2003, p. 17.

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ANNEX IV

Specific items to be included in the inspection form to communicate inspection data as referred to in
Article 7(2)

NOTIFICATIONS

VESSEL DOCUMENTATION

VERIFICATION OF FISH LOGBOOK

VERIFICATION OF STORAGE AND STOWAGE FOR COD