Commission Regulation (EC) No 1042/2006 of  7 July 2006  laying down detailed rules for the implementation of Article 28(3) and (4) of Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy
Date: 2006-07-07
Institutions: European Commission
Subjects: common fisheries policy, conservation of fish stocks, fishery management, fishery resources, fishing controls, fishing vessel

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Official Journal of the European Union

8.7.2006

COMMISSION REGULATION (EC) No 1042/2006

of 7 July 2006

laying down detailed rules for the implementation of Article 28(3) and (4) of Council Regulation
(EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under
the Common Fisheries Policy

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

The measures provided for in this Regulation are in
the Committee for
accordance with the opinion of
Fisheries and Aquaculture,

Having regard to the Treaty
Community,

establishing the European

HAS ADOPTED THIS REGULATION:

Having regard to Council Regulation (EC) No 2371/2002 of 20
December 2002 on the conservation and sustainable exploi-
the Common Fisheries
tation of
Policy (1), and in particular Article 28(6) thereof,

resources under

fisheries

Whereas:

(1)

(2)

(3)

Article 28(6) of Regulation (EC) No 2371/2002 provides
that detailed rules are to be adopted for the implemen-
tation of Article 28(3) and (4) of that Regulation.

It is necessary to specify the conditions under which
Member States may carry out
fishing
vessels in all Community waters outside waters under
their
as
provided for in Article 28(3) of Regulation (EC) No
2371/2002.

in international waters,

inspections of

sovereignty

and

Article 28(4) of Regulation (EC) No 2371/2002 provides
that the Commission is to establish a list of Community
inspectors, inspection vessels and inspection aircraft and
other means of
inspection authorised to carry out
inspections pursuant to Chapter V of that Regulation in
Community waters and on Community fishing vessels. It
is appropriate that those Community inspectors may be
assigned for the implementation of the specific control
and inspection programmes adopted in accordance with
Article 34c of Council Regulation (EEC) No 2847/93 of
12 October 1993 establishing
system
applicable to the Common Fisheries Policy (2).

control

a

(4)

It is necessary to specify the conditions under which
Community inspectors may carry out
inspections in
Community waters and on Community fishing vessels
in accordance with Article 28(4) of Regulation (EC) No
2371/2002.

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).

CHAPTER I

MEMBER STATE INSPECTIONS

Article 1

Inspections of vessels flying the flag of the inspecting
Member State

A Member State which intends to inspect Community
1.
fishing vessels flying its flag (inspecting Member State)
in
Community waters under the jurisdiction of another Member
in accordance with the first
State (coastal Member State),
subparagraph of Article 28(3) of Regulation (EC) No
2371/2002, shall notify the coastal Member State concerned
of its intention.

The prior notification provided for in paragraph 1 shall

2.
include the following information:

(a)

the name and call sign of the inspection vessel;

(b) the estimated point and time of entry into the waters under

the jurisdiction ofthe coastal Member State.

3.
Upon the prior notification provided for in paragraph 1,
the coastal Member State shall, for the purpose of operational
coordination,
inform the inspecting Member State of any
inspection activity currently carried out in the relevant area.

Article 2

Inspections of vessels flying the flag of another Member
State or a third country

1.
A Member State, which intends to inspect fishing vessels
flying the flag of another Member State or of a third country in
Community waters under the jurisdiction of another Member
State, in accordance with point (a) of the second subparagraph
of Article 28(3) of Regulation (EC) No 2371/2002, shall request
the coastal Member State concerned for authorisation. That
request shall
include the information listed in Article 1(2) of
this Regulation.

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The coastal Member State concerned shall decide whether
2.
to authorise the inspection within 24 hours of the time of the
request and inform the inspecting Member State forthwith.
Decisions shall also be communicated to the Commission or
to the body that the Commission shall have designated for that
purpose.

immediately submit a
the inspecting Member State shall
summarised inspection report to the coastal Member State. A
full inspection report shall be submitted to the coastal and to
the flag Member State within seven days from the time of
inspection.

The conditions under which a Member State may inspect
3.
fishing vessels flying the flag of another Member State or a third
country in Community waters under the jurisdiction of another
Member State,
the second
subparagraph of Article 28(3) of Regulation (EC) No
2371/2002, shall be defined in the rules adopting the specific
control and inspection programme concerned.

in accordance with point

(b) of

Article 3

Contact points

1. Member States shall designate the competent authority
the following
the contact point
which shall act as
purposes:

for

3.
An inspection report drawn up after the inspection of a
Community fishing vessel in international waters in accordance
with the third subparagraph of Article 28(3) of Regulation (EC)
No 2371/2002, shall be submitted to the flag Member State of
that vessel within seven days from the date of the inspection. If
an infringement has been detected as a result of the inspection,
the inspecting Member State shall
immediately submit a
summarised inspection report to the flag Member State of the
inspected vessel.

Paragraph 3 shall be without prejudice to rules laid down

4.
by international fisheries agreements.

(a)

issuing and receiving prior notifications in accordance with
Article 1;

5.
Daily reports referred to in paragraph 1 and inspection
reports referred to in paragraphs 2 and 3 shall be submitted,
the
upon request,
Commission shall have designated for that purpose.

to the Commission or to the body that

(b) issuing and receiving requests and decisions in accordance

with Article 2.

CHAPTER II

The contact point referred to in paragraph 1 shall be

2.
available 24 hours a day.

3.
The contact details of the designated competent authority
shall be notified to the Commission and to the other Member
States.

The Commission shall designate its contact point for the

4.
purpose of communication pursuant to this Regulation.

COMMUNITY INSPECTORS AND INSPECTION MEANS

Article 5

Nomination of Community inspectors and inspection
means

1. Member States shall nominate Community inspectors,
inspection vessels and inspection aircraft and other means of
inspection to be included in the list established by the
Commission in accordance with Article 28(4) of Regulation
(EC) No 2371/2002.

2. Member
States
inspectors nominated:

shall

ensure

that

the Community

Article 4

Reporting obligation

(a) are fisheries inspectors in the Member State;

1.
Following inspections carried out by a Member State in
Community waters under the jurisdiction of another Member
State,
the inspecting
Member State shall submit a daily report on its activities to
the coastal Member State concerned.

in accordance with Articles 1 and 2,

(b) have a thorough experience in the field of fisheries control

and inspection;

2.
If an infringement has been detected as a result of an
inspection carried out in accordance with Articles 1 and 2,

(c) have an in-depth knowledge of Community fisheries legis-

lation;

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(d) have a thorough knowledge of one of the official languages
the Community and a satisfactory knowledge of a

of
second;

(b) international fisheries control and inspection programmes,
where the Community is under an obligation to provide for
inspections and controls; or

(e) are physically fit to perform their duties;

(c)

inspection programmes developed between Member States
pursuant to Article 34b(2) of Regulation (EEC) No 2847/93.

(f) have received the necessary training with regard to safety at

sea.

Article 8

Powers and obligations of Community inspectors

Article 6

List of Community inspectors and inspection means

1. Member States shall notify the Commission electronically
by 31 October 2006 of the names of the inspectors, inspection
vessels, inspection aircraft and other means of inspection which
they have nominated.

2.
On the basis of the notifications from Member States the
Commission shall adopt by 31 December 2006 a list of
Community inspectors,
inspection aircraft
inspection vessels,
inspection authorised to carry out
and other means of
inspections in accordance with Article 28(4) of Regulation
(EC) No 2371/2002.

3.
After the establishment of the initial list, Member States
shall notify to the Commission by 31 October each year any
modification to the list which they wish to introduce for the
following calendar year. The Commission shall amend the list
accordingly by 31 December each year.

their tasks and subject

to
For the accomplishment of
1.
shall have the same
paragraph 2, Community inspectors
the Member
powers as those of
in particular as
State in which the inspection takes place,
to all areas on board Community fishing
regards access
vessels and any other vessels carrying out activities relating to
the common fisheries policy.

the fisheries inspectors of

shall have no police and en-
2.
Community inspectors
forcement powers beyond the
the
territory or outside
Community waters under the sovereignty and jurisdiction of
their Member State of origin.

3.
Community inspectors shall produce written authority.
For this purpose they shall be provided with an identification
issued by the Commission or the body that the
document,
Commission shall have designated for that purpose, stating
their identity and capacity.

4. Member States shall afford the Community inspectors
such assistance as they need to fulfil their tasks.

The list and modifications thereto shall be published on
4.
the official website of the Commission or of the body that the
Commission shall have designated for that purpose.

Article 9

Inspection and surveillance reports

Article 7

Tasks of Community inspectors

Community inspectors shall submit a daily report on their
1.
activities, including the name and identification number of each
vessel inspected and the type of inspection carried out, to the
coastal Member State concerned.

1. Without prejudice to the primary responsibility of the
coastal Member States, Community inspectors shall carry out
inspections pursuant
to Chapter V of Regulation (EC) No
2371/2002 in Community waters and on Community fishing
vessels.

2.

The Community inspectors may be assigned for:

(a)

the implementation of the specific control and inspection
programmes adopted in accordance with Article 34c of
Regulation (EEC) No 2847/93;

their inspection,

If Community inspectors detect an infringement as a
2.
result of
immediately submit a
they shall
summarised inspection report to the coastal Member State or,
where the inspection was carried out outside Community
waters, to the flag State of the inspected vessel. They shall
submit a full
inspection report within seven days from the
date of inspection.

Community inspectors shall submit a copy of the full
the inspected vessel

3.
inspection report
within seven days from the date of inspection.

to the flag State of

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Daily and inspection reports referred to in paragraphs 1
4.
and 2 shall be transmitted, upon request, to the Commission or
the body that the Commission shall have designated for that
purpose.

Article 10

Follow up of the reports

1. Member States shall consider and act on reports submitted
by the Community inspectors in accordance with Article 9(2) in
the same way as they consider and act on reports from their
own inspectors.

2.
The Member State of origin of the Community inspector
shall cooperate with the Member State acting on a report
submitted by the Community inspector in order to facilitate
judicial or administrative proceedings.

On request, a Community inspector shall assist and give
in infringement proceedings undertaken by any

3.
evidence
Member State.

CHAPTER III

ACCESS TO INFORMATION

Article 11

Access to information

1.
In the framework of inspections carried out under Article
28(3) and (4) of Regulation (EC) No 2371/2002, Member State

information and documents,

inspectors and Community inspectors shall have access without
delay to all
to
surveillance data including data generated by the system for
satellite-based monitoring, which are needed to fulfil
their
tasks, to the same extent and under the same conditions as
inspectors of the Member State in which the inspection takes
place.

in particular

2.
Access to information as provided for in paragraph 1 shall
be limited to the purpose, period and geographic area of the
inspection concerned.

3.
The data received in the framework of this Article shall be
treated in a confidential manner and may be used solely for the
purposes for which they are provided.

CHAPTER IV

FINAL PROVISIONS

Article 12

Entry into force

This Regulation shall enter into force on the seventh 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 Brussels, 7 July 2006.

For the Commission

Joe BORG
Member of the Commission