Proposal for a Council Regulation establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy {SEC(2008) 2760} {SEC(2008) 2761}
Date: 2008-11-14
Institutions: European Commission
Subjects: EU waters, common fisheries policy, fishing controls, information network, maritime surveillance

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.11.2008 
COM(2008) 721 final 

2008/0216 (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a Community control system for ensuring compliance with the rules of the 
Common Fisheries Policy 

{SEC(2008) 2760} 
{SEC(2008) 2761} 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

I. Context of the proposal 

General context 

The cornerstone of the Common Fisheries Policy (CFP) is to limit and control catch volumes 
by setting total allowable catches (TACs) and national quotas coupled with technical rules and 
effort schemes. The European fisheries control policy is at the heart of the CFP, because its 
credibility depends on effective application of this control policy. Despite some progress, the 
control  system  continues  to  suffer  from  substantial  shortcomings  identified  by  both  the 
European  Commission1  and  the  European  Court  of  Auditors  (CoA)2.  The  current  control 
system  is  inefficient,  expensive  and  complex  and  does  not  produce  the  desired  results. 
Continuing failure of the control policy will have significant consequences for the future of 
fisheries  resources,  the  fishing  industry  and  the  regions  dependent  on  fishing.  Accordingly, 
the  Commission  proposes  a  substantial  reform  of  the  control  system  underpinning  the  CFP. 
This initiative is a core priority for the Commission in the field of fisheries in 2008. 

Grounds for and objectives of the proposal 

Due to its global and integrated approach, focusing on every aspect of the CFP, the reform of 
the  control  policy  should  not  only  improve  control  capacity  and  management  of  fisheries 
resources  and  establish  a  level  playing  field  in  the  EU,  but  also  have  a  positive  structural 
impact  on  the  fishing  industry  and  on  the  market  and,  thus,  combat  the  environmental, 
economic and social consequences of non-compliance. More specifically, the proposal aims to 
achieve: 

A new, common approach to control and inspection 
Introduction of harmonised inspection procedures and higher standards should ensure uniform 
implementation  of  control  policy  at  Member  State  level,  while  taking  account  of  and 
respecting the diversity and specific characteristics of different fleets. 

A culture of compliance 
The  objective  is  to  influence  the  behaviour  of  all  stakeholders  involved  in  the  full  cycle  of 
fishing activities (catching, processing, distribution and marketing), so that compliance with 
the  CFP  policies  and  regulations  is  achieved  not  only  by  means  of  monitoring  and  control 
activities,  but  also  as  a  result  of  a  general  culture  of  compliance  where  every  part  of  the 
industry invests in compliant activities and the legitimacy of the CFP rules is restored. 

Effective application of CFP rules 
The  objective  is  to  strengthen  the  Commission’s  management  powers  and  capacity  to 
intervene  proportionately  to  the  level  of  non-compliance  by  the  Member  States.  The 
responsibilities of the Commission and of the Member States will be clearly defined in order 
to avoid overlaps and to ensure that the Commission sticks to its core activity of controlling 
and  verifying  implementation  of  the  CFP  rules  by  Member  States.  The  current  system  of 
microdecisions should be progressively replaced by a macromanagement-based approach. 

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COM(2007) 167. 
Special Report No 7/2007. 

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Existing provisions in the area of the proposal 

The basis for the control policy is laid down in Council Regulation (EEC) No 2847/93 (the 
“Control  Regulation”3)  and  in  Chapter  V  of  Council  Regulation  (EC)  No  2371/2002  (the 
“Basic  Regulation”4).  The  Control  Regulation  has  been  amended  twelve  times.  The 
complexity  caused  by  the  numerous  amendments  to  the  Control  Regulation  is  further 
exacerbated  by  the  fact  that  a  range  of  control  provisions  are  contained  in  several  other 
separate regulations. 

Consistency with the other policies and objectives of the Union 

The  proposal  will  contribute  to  the  overall  objective  of  the  CFP,  namely  sustainable 
exploitation  of  living  aquatic  resources.  In  addition,  it  will  contribute  to  the  Sustainable 
Development  Strategy  agreed  by  the  European  Council  in  June  2006,  through  its  focus  on 
protection of natural resources. It is also in line with the objectives established at the World 
Summit  on  Sustainable  Development  in  2002  regarding  fisheries  management5  and  the 
principle  of  striving  for  better  ocean  governance,  which  guides  the  current  discussions  on  a 
future  Maritime  Policy  for  the  Community.  Moreover,  the  overall  objective  of  the  control 
reform  comes  under  the  four  main  areas  identified  by  the  Commission  where  there  is 
currently room for improvement in application of Community law6. 

II. Consultation of the interested parties and impact assessment 

Consultation of the interested parties 

Consultation methods, main sectors targeted and general profile of respondents 
In  preparation  of  the  proposal,  several  consultations  were  held  with  Member  States  (at 
Minister and expert level) and with representatives of the sector, advisory bodies and all other 
interested  parties.  The  work  on  this  proposal  was  given  impetus  by  the  establishment  of  an 
Inter-Service Steering Group (ISSG) to analyse the overall approach, with working groups on 
specific items. 

1. 

The Member States 

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The Commission produced a non-paper setting out the main aspects relevant to 
the relevant to the proposed reform. This was discussed at an informal meeting 
of  Fisheries  Ministers  on  18  February  2008.  A  meeting  with  Member  States’ 
fisheries  officials  had  previously  taken  place  on  15  January  2008.  A  meeting 
with Member States’ fisheries control experts was held on 1 February 2008 to 
present the objectives of the reform. 

DG  MARE  set  up  a  working  group  of  Member  States’  experts  to  define 
harmonised inspection procedures and control standards. 

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Council Regulation (EEC) No 2847/1993 of 12 October 1993 establishing a control system applicable 
to the Common Fisheries Policy (OJ L 261, 20.10.1993). 
Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and  sustainable 
exploitation of fisheries resources under the Common Fisheries Policy (OJ L 358, 31.12.2002, p. 59). 
Report  of  the  World  Summit  on  Sustainable  Development,  Johannesburg,  South  Africa,  26  August-4 
September 2002 (United Nations publication). 
See COM(2007) 502, 5.9.2007 - “A Europe of results – applying Community law”. 

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A  series  of  three  meetings  of  technical  experts  on  the  Electronic  Reporting 
System  (ERS)  took  place  in  London,  Madrid  and  Copenhagen.  These  in  turn 
will  contribute  to  better  use  of  modern  technologies  under  the  new  Control 
Regulation. 

Linked  to  the  reform,  Memoranda  of  Understanding  have  been  signed  with 
Member  States  (Greece,  Italy,  Poland,  Spain  and  Sweden).  They  mark  a 
change  of  approach,  as  they  contain  clearly  defined  benchmarks  for 
improvements in the fisheries control systems in the Member States concerned. 

2. 

The stakeholders’ advisory bodies and the wider public. 

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A one-day seminar was organised on 10 April 2008 with representatives of the 
Regional Advisory Councils (RAC) and the Advisory Committee for Fisheries 
and Aquaculture (ACFA) in order to get their views on the envisaged reform of 
the CFP control policy.  

DG MARE also took part in seminars on traceability, which will be an integral 
part  of  the  reform,  in  the  context  of  the  Fish  Populations  Traceability  project 
and DTU Aqua. DG MARE organised a workshop on the topic together with 
the Joint Research Centre in Brussels on 17 June 2008. 

to 

The  reform  was  presented 
the  High-Level  Group  of  Independent 
Stakeholders on Administrative Burdens at its meeting on 18 September 2008. 
The chairman stated that the group very much appreciated the outline given by 
DG  MARE  and  fully  supported  the  proposed  reform,  given  the  envisaged 
reduction in the administrative burden for the sector. 

-  Wide  public  consultations  were  held  between  February  and  May  2008,  based 
on  a  Commission  staff  working  document  published  on  the  Commission 
website.  The  consultation  paper  prepared  by  DG  MARE  presented  a  brief 
analysis of the problem built around nine possible fields of action identified in 
the above-mentioned non-paper. 

Summary of responses and how they have been taken into account 
The  moves  by  the  Commission  received  positive  feedback  from  the  participants  in  the 
consultation process. Almost all the contributions stressed that it was appropriate to step up 
the  Community  action  in  this  field.  Twenty-five  contributions  were  received  from  a  wide 
range of stakeholders. All the contributions received were published on the official website of 
the Commission, indicating their authors and origin7. 

The  Commission  initiative  and  its  main  objectives  were  widely  endorsed  by  those 
participating  in  the  consultation.  All  unanimously  agreed  on  the  need  to  reform  the  control 
system. Many of the participants stressed that the culture of compliance should be the main 
target of the reform. In particular, all stakeholders supported the introduction of harmonised 
administrative sanctions, the simplification and streamlining of the rules and the strengthening 
of cooperation and assistance. NGOs and public authorities particularly supported the reform 
as an efficient tool from the perspective of environmentally sustainable fisheries. All agreed 
on the need to develop a new approach to inspection and control at EC level, providing a level 

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http://ec.europa.eu/fisheries/cfp/governance/consultations/consultation_280208_contributions_en.htm 

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playing  field  and  favouring  enhanced  cooperation  between  the  Commission,  fishery  control 
authorities in Member States and operators all along the production chain. They agreed that 
the Control Agency should play a more important and constructive role in coordination and 
training. NGOs favoured giving more instruments to the Commission for timely intervention, 
whereas  the  industry  was  concerned  whether  the  industry  rather  than  the  Member  States 
would have to the bear the cost of measures against Member States and suspension of EC aid. 

Collection and use of expertise 
Scientific/expertise domains concerned 
The  Commission  made  use  of  external  expertise  to  support  some  of  the  arguments  in  this 
report.  The  experts  were  asked  to  identify  the  likely  positive  and  negative  impacts  of  the 
proposed  policy  options,  including  trade-offs  in  achieving  competing  objectives,  so  that 
informed political decisions could be taken. 

Main organisations/experts consulted 
A specific contract was concluded (under framework contract FISH/2006/09 – Studies in the 
field of the CFP and Maritime Affairs – Lot 4: Impact assessment studies related to the CFP) 
between the Commission and the external consultancy MRAG. 

Summary of advice received and used 
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Indicative  qualitative  and  quantitative  analyses  show  that,  whilst  some  of  the 
measures proposed are more significant than others, fully implementing the package 
as a whole with a binding rather than a voluntary instrument similar, for example, to 
the FAO Code of Conduct for Responsible Fishing is likely to be the most effective 
means of achieving a high level of compliance. 

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If  the  proposed  measures  are  implemented  by  a  binding  regulation  and  if  Member 
States apply this regulation and existing multiannual recovery plans, the incremental 
net benefits to the industry as a result of recovered and better protected stocks could 
be in the order of EUR 10 billion over 10 years. Such economic benefits are likely to 
be accompanied by net increases in employment of up to 4 000 new jobs across all 
subsectors.  The  significant  point  is  how  the  increase  in  fish  production  stimulates 
new jobs in the sectors and regions concerned. 

Generation of these benefits through implementation of a new regulation will depend 
on a shift in the emphasis of controls from the sea to more cost-efficient land-based 
operations  which  will  initially  require  some  increased  investment  in  operational 
procedures  rather  than  in  means  of  control.  Net  benefits,  however,  should  be 
generated  rapidly,  reducing  relative  costs  progressively  two  or  three  years  after 
implementation, as the culture of compliance is attained.  

As the control measures become more effective and efficiency increases, the gains in 
efficiency can be passed on to operators in terms of increased profitability of fishing 
and in the share available for crew and other operatives. 

Means used to make the expert advice publicly available 
The study will be made available on the DG MARE website. 

Impact assessment 
The Commission carried out an impact assessment of the proposal, resulting in a report which 
will be accessible on the DG MARE website. This report considered the following options: 

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Option  1:  No  policy  change.  Continue  current  policy  and  focus  on  implementation 
and enforcement of the existing framework. 

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Sub-option 1: No policy change, continuation of the current situation 

The main assumption for this sub-option is that current control policy is sufficient to 
deliver compliant behaviour in support of the objectives of the CFP and that the core 
issue  is  poor  implementation  of  the  existing  regulatory  requirements  by  Member 
States.  The  emphasis  could  be  put  on  better  implementation  of  the  existing 
legislation. 

Sub-option  2:  Implementation  and  enforcement  of  the  existing  framework  through 
implementing regulations 

As an alternative to simple continuation of the current situation, this sub-option could 
address  adoption  of  the  outstanding  implementing  legislation  in  order  to  provide  a 
full set of technical rules as a basis for a comprehensive control system.  

This “business as usual” approach means additional layers of rules being added in an 
uncoordinated manner to the existing web of complexity without developing a new 
approach  to  control  and  inspection.  The  incapacity  of  the  Commission  would 
continue to be matched by persistent leniency on the part of national legal systems 
towards infringements, unsatisfactory follow-up for legal or procedural reasons and 
incomplete information on sanctions and previous non-compliance. 

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Option 2: Recast of the Control Regulation, combined with a Code of Conduct 

An approach combining a consolidated legal framework with a steering instrument, 
such as a “Code of Conduct”, could help, to a certain extent, to improve the current 
control system. Some fisheries might recover as a result of unilateral action on one or 
more segments of the fleet, but, overall, this approach would not change the content 
of  the  current  provisions  or  add  any  new  legal  instruments  and  would  rely  too 
heavily on voluntary implementation by the Member States.  

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Option 3: Regulatory instrument, in the form of a new binding Regulation 

The third option presented for assessment was implementation of the reform package 
by  means  of  a  regulatory  text  that  would  be  binding  at  Community  level.  This 
approach is based on establishment of a level playing field in the EU. It would ensure 
uniform application of the CFP rules across the EU and non-discriminatory treatment 
of  all  fishermen.  Increased  capacity  on  the  part  of  Commission  inspectors  would 
make it more difficult for Member States to hide shortcomings in implementation of 
CFP rules.  

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Option  4:  Centralisation  of  CFP  control  policy  at  EU  level,  with  increased 
competences for the Commission and the CFCA 

Under this option the Commission and the Control Agency would pool the inspection 
resources of the Member States and develop universally accepted standards, with the 
long-term  goal  of  setting  up  some  kind  of  European  coastguard  system.  However, 
this  option  had  to  be  discarded  at  an  early  stage  since  the  reallocation  of  tasks 
between the Commission and the Member States would go beyond what is provided 
for  in  the  Treaty.  Politically,  it  is  inconceivable  that  Member  States  would  accept 
suddenly giving up power to a supranational body. Moreover, such an option would 
involve a dramatic budgetary increase which the Commission is unable to bear.  

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III. Legal elements of the proposal 

Content of the proposal 
The  basic  idea  of  the  proposal  is  that  an  efficient  control  policy  should  be  global  and 
integrated and cover all facets of the problem, from net to plate. 

A new, common approach to control and inspection 
Although  the  level  of  compliance  by  fishing  vessels  with  technical  measures  should  not  be 
ignored,  greater  attention  needs  to  be  paid  to  comprehensive  monitoring  of  catches.  In  this 
context, it is, in particular, necessary to achieve: 

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Standardised,  coordinated  inspection  activities  and  procedures  at  every  link  in  the 
chain (at sea, in port, during transport and on marketing); 

general  standards  for  specific  control  measures  applicable  to  recovery  and 
multiannual plans, marine protected areas and discards; 

introduction of a comprehensive traceability system; 

full use of modern technologies and efficient data validation systems in order to carry 
out systematic and comprehensive cross-checks of all relevant data;  

strategic programming, tactical targeting and sampling strategy; and 

use of information that makes it possible to identify risks and to streamline control. 

A culture of compliance 
In this context, it is necessary to focus on: 

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simplification and streamlining of the legal framework; 

introduction of harmonised deterrent sanctions;  

introduction  of  a  penalty  point  system  for  infringements  committed  by  masters, 
operators or beneficial owners of a fishing licence; 

enforcement measures and accompanying sanctions; 

improved cooperation between Member States and with the Commission, including 
extension of the mandate of the Community Fisheries Control Agency (CFCA); 

a modern approach to transfers of data and exchanges of information, both between 
Member States and with the Commission or the CFCA via secure websites. 

Effective application of CFP rules 
In  order  to  ensure  effective  application  of  CFP  rules,  the  capacity  of  the  Commission  to 
intervene  proportionately  to  the  level  of  non-compliance  by  the  Member  States  should  be 
strengthened.  At  the  same  time,  the  management  capacity  of  the  Commission  should  be 
enhanced. The proposals include: 

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redefinition of the powers of Commission inspectors; 

action plans for Member States to improve their implementation if need be; 

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powers for the Commission to rectify catch figures of Member States; 

closures of fisheries on the Commission’s initiative; 

more flexibility for the Commission to proceed with deductions from quotas in cases 
of poor quota management; and 

financial measures in cases of bad management. 

Legal basis 
Article 37 of the EC Treaty. 

Subsidiarity principle 
The  proposal  falls  under  the  exclusive  competence  of  the  Community.  The  subsidiarity 
principle therefore does not apply. 

Proportionality principle 
The  proposal  complies  with  the  proportionality  principle  for  the  following  reasons: 
Addressing  the  current  shortcomings  of  the  CFP  control  system  requires  measures 
commensurate to the scale and adapted to the nature of the activities concerned. Sustainable 
exploitation of living aquatic resources is, by definition, an area that needs to be regulated at 
Community  level and  that  cannot  be  administered by isolated measures at national level. In 
proposing  a  new  framework  for  control  of  CFP  activities,  the  Commission  is  responding  to 
the requests from stakeholders and Member States to create a level playing field at EU level. 
Definition of harmonised inspection and control procedures is, by essence, an issue that has to 
be dealt with at EU level. 

Choice of instrument 
Proposed instrument: Regulation. 

Other  means  would  not  be  adequate  for  the  following  reasons:  The  CFP  is  an  area  of 
exclusive  competence  of  the  Community.  The  rules  adopted  at  Community  level  should  be 
uniform and binding in order to avoid the coexistence of different standards between Member 
States. It is therefore justified that the measures should take the form of a Regulation. 

IV. Budgetary implication 

The proposal has no implication for the Community budget. 

V. Additional information 

Simplification 

The  proposal  will  lead  to  simplification  of  the  relevant  legislation,  together  with 
improvements in the control system. Over the years the current CFP control policy has added 
layers  of  provisions,  scattered  across  different  regulations,  some  of  them  overlapping.  One 
objective of this proposal is to bring clarity to the applicable control rules. However, control 
clearly  remains  a  complex  issue  and  a  balance  has  to  be  found  between  the  necessary 
obligations which have to be maintained and the need to clarify and reduce the administrative 
burden for the authorities and the private sector. 

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In this context, simplification has different facets: 

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The  system  establishes  a  single  ambitious  framework  laying  down  the  principles 
governing  all  aspects  of  control,  but  leaving  it  to  implementing  regulations  to 
establish detailed technical rules. 

The system sets up a single framework applying to Community operators and public 
authorities  by  standardising  the  rules  on  inspection  and  control  (including 
introducing  harmonised  sanctions),  thereby  contributing  to  establishment  of  a  level 
playing field in the EU. 

Repeal of existing legislation 
Adoption of the proposal will lead to the repeal of existing legislation. 

Review/revision/sunset clause 
The proposal includes a review clause. 

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2008/xxxx (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a Community control system for ensuring compliance with the rules of 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 Commission, 

Having regard to the opinion of the European Parliament, 

Having regard to the opinion of the European Economic and Social Committee, 

Having regard to the opinion of the Committee of the Regions, 

After consulting the European Data Protection Supervisor, 

Whereas: 

(1) 

(2) 

(3) 

The objective of the Common Fisheries Policy, as set out in Council Regulation (EC) 
No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation 
of  resources  under  the Common  Fisheries  Policy8,  is  to  ensure  exploitation  of  living 
aquatic  resources  that  provides  sustainable  economic,  environmental  and  social 
conditions.  

Given  that  the  success  of  the  Common  Fisheries  Policy  involves  implementing  an 
effective  system  of  control,  the  measures  provided  for  in  this  Regulation  seek  to 
establish  a  Community  system  for  inspection,  monitoring,  control,  surveillance  and 
enforcement with a global and integrated approach so as to ensure compliance with all 
the  rules  of  the  Common  Fisheries  Policy  in  order  to  provide  for  the  sustainable 
exploitation of living aquatic resources by covering all aspects of the policy. 

The experience gained in the application of Council Regulation (EEC) No 2847/93 of 
12  October  1993  establishing  a  control  system  applicable  to  the  Common  Fisheries 
Policy9  has  shown  that  the  current  control  system  no  longer  suffices  to  ensure 
compliance with the rules of the Common Fisheries Policy.  

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OJ L 358, 31.12.2002, p. 59. 
OJ L 261, 20.10.1993, p. 1. 

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(4) 

(5) 

(6) 

in 

Currently control provisions are spread in a wide number of overlapping and complex 
legal  texts.  Some  parts  of  the  control  system  are  poorly  implemented  by  Member 
States  which  results 
to 
infringements  of  the  rules  of  the  Common  Fisheries  Policy  thereby  undermining  the 
creation of a level playing field for fishermen across the Community. Accordingly the 
existing regime and all the obligations therein should be consolidated, rationalised and 
simplified,  in  particular  through  reduction  of  double  regulation  and  administrative 
burdens.  

insufficient  and  divergent  measures 

in  response 

In  view  of  the  scale  of  the  depletion  of  marine  aquatic  resources,  it  is  vital  for  the 
European  Community  to  adopt  the  necessary  measures  to  develop  a  culture  of 
compliance among all operators with the rules of the Common Fisheries Policy, and 
with the objectives set out by the World Summit on Sustainable Development in 2002 
as well as the European Council's Sustainable Development Strategy. To achieve this 
aim,  the  rules  for  inspection,  monitoring,  control,  surveillance  and  enforcement  of 
conservation  and  resource  management  measures,  structural  measures  and  measures 
on  the  common  organisation  of  the  market  should  be  reinforced,  harmonised  and 
strengthened.  In  addition,  minimum  levels  of  sanctions  for  specific  serious 
infringements  should  be  established  as  well  as  a  system  of  penalty  points  for 
non-compliance. 

The allocation of responsibilities between the Member States, the Commission and the 
Common Fisheries Control Agency should be further clarified. Control of compliance 
with the Common Fisheries Policy rules should be first and foremost the responsibility 
of the Member States. The Commission for its part should ensure that Member States 
implement the rules of the Common Fisheries Policy throughout the Community in a 
consistent  manner.  To  this  end  the  current  system  of  micro-decisions  should  be 
progressively replaced by a macro-management-based approach.  

(7)  Management  of  fishery  resources  at  Community  level  is  based  in  particular  on  total 
allowable catches (TACs), quotas, effort regimes and technical measures. Appropriate 
steps  should  be  taken  to  ensure  that  Member  States  adopt  the  necessary  measures  to 
implement these management measures in an effective manner.  

(8) 

(9) 

The Member  States'  authorities should be  able to monitor landings in their  ports. To 
that  end  fishing  vessels  should  be  required  to  pre-notify  those  authorities  of  their 
intention to land in their ports.  

The information contained in the logbooks of fishing vessels should be verified at the 
time of landing. Accordingly, those involved in the landing and marketing of fish and 
fishery  products  should  be  required  to  declare  the  quantities  landed,  transhipped, 
offered for sale or purchased. 

(10)  For  small  fishing  vessels  under  10  meters  an  obligation  to  keep  a  logbook  or  to 
complete a declaration would constitute a disproportionate burden in relation to their 
fishing  capacity.  In  order  to  ensure  an  adequate  level  of  control  over  such  vessels, 
Member  States  should  monitor  their  activities  by  the  implementation  of  a  sampling 
plan. 

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(11) 

In order to ensure compliance with Community conservation and trade measures, steps 
should be taken to require all fishery products transported within the Community to be 
accompanied by a transport document identifying their nature, origin and weight. 

(12)  Member States should monitor the activities of their vessels in and outside Community 
waters.  To  facilitate  effective  monitoring  masters  of  Community  fishing  vessels 
should  be  obliged  to  keep  a  logbook  and  submit  landing  and  transhipment 
declarations. 

(13)  Transhipments at sea escape any proper control by flag or coastal states and therefore 
constitute  a  possible  way  for  operators  to  carry  illegal  catch.  To  improve  controls, 
transhipment operations in Community waters should be authorised only in designated 
ports.  

(14)  Where  the  management  of  TACs  and  quotas  is  complemented  by  an  effort  regime, 

measures should be put in place to ensure that the regime is properly implemented. 

(15) 

In  order  to  establish  a  comprehensive  control  regime  the  whole  chain  of  production 
and  marketing  should  be  covered  by  such  a  regime.  It  should  include  a  coherent 
traceability  system  supplementing  the  provisions  contained  in  Regulation  (EC)  No 
178/2002  of  the  European  Parliament  and  of  the  Council  of  28  January  2002  laying 
down the general principles and requirements of food law, establishing the European 
Food Safety Authority and laying down procedures in matters of food safety10, and an 
enhanced  control  of  producer  organisations.  It  should  also  protect  the  interests  of 
consumers  by  providing  the  information  concerning  the  commercial  designation,  the 
production method and the catch area at each stage of the marketing as contained in 
Regulation (EC) No 2065/2001 of 22 October 2001 laying down detailed rules for the 
application  of  Regulation  (EC)  No  104/2000  as  regards  informing  consumers  about 
fishery  and  aquaculture  products11.  It  shall  ensure  the  monitoring  of  producer 
organisations  in  accordance  with  Commission  Regulation  (EC)  No  2508/2000  of 
15 November  2000  laying  down  the  detailed  rules  for  the  application  of  Council 
Regulation  (EC)  No  104/2000  as  regards  operational  programmes  in  the  fisheries 
sector12. 

(16) 

In  view  of  the  capacity  requirements  in  the  Community  fishing  fleet  as  contained  in 
Article 13 of Regulation (EC) No 2371/2002, Council Regulation (EC) No 639/2004 
of  30  March  2004  on  the  management  of  fishing fleets registered in  the  Community 
outermost regions13, Commission Regulation (EC) No 1438/2003 of 12 August laying 
down implementing rules on the Community Fleet Policy as defined in chapter III of 
Regulation  (EC) No 2371/200214 and Commission  regulation (EC) No  2104/2004 of 
9 December 2004 laying down  detailed implementation rules for Council Regulation 
(EC) No 639/2004 of 30 March 2004 on the management of fishing fleets registered in 
the Community outermost regions15, instruments should be introduced for the control 

10 
11 
12 
13 
14 
15 

OJ L 31, 1.2.2002, p. 1. 
OJ L 278, 23.10.2001, p. 6. 
OJ L 289,16.11.2000, p. 8. 
OJ L 102, 7.4.2004, p. 9. 
OJ L 204, 13.8.2003, p. 21. 
OJ L 365, 10.12.2004, p. 19. 

EN 

12 

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of the fleet capacity which should include the monitoring of the engine power and of 
the use of fishing gear. 

(17)  Clear, tailor-made specific control measures should be applied to multi-annual plans, 
marine  protected  areas  and  discards  under  a  special  regime.  The  procedure  for  the 
establishment and lifting of real time-closures for fishing grounds should be clarified. 

(18)  A  new,  common  approach 

introduced 

to  control  should  be 

includes 
comprehensive monitoring of catches, with a view to ensuring a level playing field for 
the  fishing  sector  that  takes  into  account  the  differences  across  the  segments  of  the 
fleet;  to  this  end  common  criteria  for  the  implementation  of  fisheries  control  and  in 
particular  standardised  and  coordinated  inspection  procedures  at  sea,  on  land  and 
throughout  the  market  chain  should  be  established.  A  part  of  the  new  approach  the 
respective responsibilities of the Member States, the Commission and the Community 
Fisheries Control Agency should be clarified.  

that 

(19)  Control  activities  and  methods  should  be  based  on  risk  management  using  cross-

checking procedures in a systematic and comprehensive way.  

(20)  For  the  consistent  and  effective  prosecution  of  infringements,  provision  should  be 
made  to  enable  inspection  and  surveillance  reports  drawn  up  by  Commission 
inspectors,  Community  inspectors  and  officials  of  Member  States  to  be  used  in  the 
same way as national reports. 

(21)  Cooperation and coordination between Member States, with the Commission and the 
Community  Fisheries  Control  Agency  should  be  intensified  in  order  to  promote 
compliance with the rules of the Common Fisheries Policy, in particular through the 
exchange  of  national  inspectors  and  the  strengthening  of  the  role  and  powers  of 
Community inspectors. 

(22)  Data  from  the  vessel  monitoring  system  represent  a  valuable  source  for  scientific 
advice. Detailed and aggregated data should therefore be made available to end-users 
as defined in Article 2 (i) Council Regulation (EC) No 199/2008 of 25 February 2008 
concerning  the  establishment  of  a  Community  framework  for  the  collection, 
management and use of data in the fisheries sector for scientific advice regarding the 
Common Fisheries Policy16. 

(23)  Modern technologies should be fully exploited since they allow effective monitoring, 
systematic and automated cross-checks in a rapid and low cost manner, facilitate the 
administrative procedures for both the national authorities and the operators and thus 
allows timely risk analyses and global assessments of all relevant control information. 
The control system should therefore allow Member States to  combine the use of the 
various control instruments to ensure the most efficient method of control. 

(24)  An 

integrated  maritime  surveillance  network  should  be  established  between 
surveillance, monitoring, identification and tracking systems operated for the purposes 
of  maritime  security  and  safety,  protection  of  the  marine  environment,  fisheries 
control,  border  control,  general  law  enforcement,  and  trade  facilitation.  The  network 
shall  have  the  ability  to  continuously  make available  information  on  activities  in  the 

16 

OJ L 60, 5.3.2008, p. 1. 

EN 

13 

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maritime  domain  in  order  to  support  a  timely  decision  process.  In  turn  this  would 
allow,  the  public  authorities  engaged  in  surveillance  activities  to  provide  a  more 
effective  and  cost  efficient  service.  To  this  end  Automatic  Identification  Systems, 
Vessel  Monitoring  Systems  as  referred  to  in  Commission  Regulation  (EC)  No 
2244/2003 of 18 December 2003, laying down detailed provisions regarding satellite-
based vessel monitoring systems17 and Vessel Detection Systems data collected in the 
framework  of  this  Regulation  should  be  transmitted  and  used  by  other  public 
authorities engaged in the surveillance activities above mentioned.  

(25)  Community nationals should be deterred from committing infringements of the rules 
of the Common Fisheries Policy. Since action taken following infringements of those 
rules differs widely from one Member State to another, thereby causing discrimination 
and  unfair  competition  rules  for  fishermen  and  given  that  the  absence  of  dissuasive, 
proportionate  and  effective  sanctions  in  certain  Member  States  reduces  the 
effectiveness  of  controls,  it  is  appropriate  to  introduce  harmonised  administrative 
sanctions in combination with a penalty point system to provide a real deterrent. 

(26)  The  persistence  of  a  high  number  of  serious  infringements  against  the  rules  of  the 
Common Fisheries Policy within Community waters or by Community operators is to 
a large extent attributable to the non-deterrent level of fines laid down in the Member 
States'  legislation  concerning  serious  infringements  of  those  rules.  That  weakness  is 
compounded  by  the  wide  discrepancy  in  the  levels  of  penalties  between  Member 
States, which encourages illegal operators to operate in waters or within the territory 
of  the  Member  States  where  the  penalties  are  lowest.  It  is  therefore  appropriate  to 
harmonise  the  minimum  and  maximum  levels  of  fines  laid  down  for  serious 
infringements  against  the  rules  of  the  Common  Fisheries  Policy,  taking  into  account 
the value of the fishery products obtained by committing the serious infringement, any 
repetition of an infringement and the prejudice to the fishing resources and the marine 
environment  concerned.  Immediate  enforcement  measures  and  complementary 
measures should also be laid down. 

(27)  To  ensure  the  achievement  of  the  objectives  of  the  Common  Fisheries  Policy  the 
Commission  should  be  able  to  take  effective  corrective  measures;  to  this  end  the 
management  capacity  of  the  Commission  and  its  capacity  to  intervene  in  a  manner 
proportionate  to  the  level  of  non  compliance  by  a  Member  State  should  be 
strengthened. The Commission should be empowered to undertake inspections without 
prior notice and in an independent way, so as to verify the control operations carried 
out by the competent authorities of Member States.  

(28)  Appropriate  means  should  be  foreseen  to  address  failures  to  discharge  the  duties 
incumbent  on  them  under  EC  and  international  law  as  flag,  port,  coastal  or  market 
states  and  to  make  sure  that  Member  States  take  appropriate  measures  to  ensure 
compliance  by  their  fishing  vessels  or  nationals  with  CFP  and  control  rules;  these 
means  should  include  the  possibility  to  suspend  or  reduce  financial  assistance 
according to Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European 
Fisheries  Fund18  and  Council  Regulation  (EC)  No  861/2006  of  22  May  2006 
establishing  Community  financial  measures  for  the  implementation  of  the  Common 

17 
18 

OJ L 333, 20.12.2003, p. 17. 
OJ L 223, 15.8.2006, p. 1. 

EN 

14 

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Fisheries Policy19 in cases of an inadequate implementation of CFP rules by Member 
States. 

(29)  Powers should be conferred to the Commission to close a fishery when the quota of a 
Member  State  or  a  TAC  itself  is  exhausted.  The  Commission  should  also  be 
empowered to deduct quotas and refuse quota transfers or quota exchanges to ensure 
the  achievement  of  the  objectives  of  the  Common  Fisheries  Policy  by  the  Member 
States. 

(30)  The Commission or the body designated by it should be in a position to access directly 
the fisheries data of Member States to enable it to verify that Member States comply 
with their obligations and to intervene where inconsistencies are identified. 

(31)  The  mandate  of  the  Community  Fisheries  Control  Agency  should  be  adjusted  and 
extended  to  cover  audits,  inspections  of  national  control  systems,  organisation  of 
operational  cooperation,  assistance  to  Member  States  and  the  possibility  to  set  up 
emergency units where a serious risk to the Common Fisheries Policy is identified. 

(32)  This Regulation should not affect any national control provisions which fall within the 
scope  of  this  Regulation  but  go  beyond  its  minimum  provisions,  provided  that  such 
national provisions are in conformity with Community law. 

(33)  Given that Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing 
a  Community  system  to  prevent,  deter  and  eliminate  illegal,  unreported  and 
unregulated  fishing20,  obliges  the  Member  States  to  take  appropriate  measures  to 
ensure  the  effectiveness  of  the  fight  against  all  IUU  fishing  and  associated  activities 
and  given  that  Council  Regulation  (EC)  No  …/2008  of  xx  xx  xx  concerning 
authorisations  for  fishing  activities  of  Community  fishing  vessels  outside  Community 
waters  and  the  access  of  third  country  vessels  to  Community  waters21  establishes 
provisions  on  authorisations  for  Community  fishing  vessels  to  engage  in  fishing 
activities  outside  Community  waters  and  on  authorisations  for  third  country  fishing 
vessels to engage in fishing activities in Community waters this Regulation should be 
complementary  to  these  Regulations  and  ensure  that  there  is  no  discrimination 
between Community and third country nationals. 

(34)  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 Commission22. 
All  measures  adopted  by  the  Commission  to  implement  this  Regulation  will  comply 
with the proportionality principle. 

(35) 

It  should  however  be  for  the  Council  to  decide  on  the  obligation  to  use  electronic 
monitoring devices and traceability tools such as genetic analysis and other fisheries 
control  technologies.  Since  those  technologies  entail  costs  for  national  control 
authorities  and  for  the  sector  concerned,  it  is  appropriate  that  the  Council  should 
reserve  for  itself  the  right  to  exercise  implementing  powers  directly  in  this  specific 

19 
20 
21 
22 

OJ L 160, 14.6.2006, p. 1. 
OJ L 286, 29.10.2008, p.1. 

OJ L 184, 17.7.1999, p. 23. 

EN 

15 

   EN 

 
                                                 
 
case.  Since  the  Council  decides  on  the  introduction  of  multiannual  plans  it  is  also 
appropriate that the Council decides in this context on a threshold amount applicable 
to the live weight of species subject to these multiannual plans above which a vessel 
shall be required to land its catches in a designated port. Since the Council adopts the 
annual  TAC  and  quota  Regulation  it  is  also  appropriate  that  it  determines  in  this 
context trigger by-catch levels for the establishment of real time closures. 

(36)  The  confidentiality  of  the  data  collected  and  exchanged  in  the  framework  of  this 
Regulation  should  be  guaranteed.  Such  data  will  sometimes  constitute  personal  data 
for the purposes of Directive 95/46/EC of the European Parliament and of the Council 
of 24 October 1995 on the protection of individuals with regard to the processing of 
personal  data  and  on  the  free  movement  of  such  data  and  of  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. Clear rules 
for  the  processing  of  personal  data  are  needed  for  reasons  of  legal  certainty  and 
transparency, and to ensure the protection of fundamental rights, and in particular, the 
right to the protection of the private life of individuals. 

(37)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 
on the protection of individuals with regard to the processing of personal data and on 
the free movement of such data is intended to ensure the free movement of personal 
data in the Internal Market. It shall apply to the processing of personal data activities 
carried out by the Member State in application of this Regulation. 

(38)  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, shall govern the processing of personal data carried out by the Commission 
in the application of this Regulation. 

(39) 

In accordance with the principle of proportionality, it is necessary and appropriate for 
the achievement of the basic objective of ensuring the effective implementation of the 
Common  Fisheries  Policy  to  establish  a  comprehensive  and  uniform  system  of 
controls. This Regulation does not go beyond what is necessary in order to achieve the 
objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty. 

(40) 

In order to bring the Community legislation in line with this Regulation the following 
regulations should be amended: 

- 

- 

- 

Council Regulation (EC) No 2371/2002 of 20 December 2002; 

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 policy23; 

Council  Regulation  (EC)  No  423/2004  of  26  February  2004  establishing  measures 
for the recovery of cod stocks24; 

23 

OJ L 128, 21.5.2005, p. 1. 

EN 

16 

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- 

- 

- 

- 

- 

- 

- 

- 

Council  Regulation  (EC)  No  811/2004  of  21  April  2004  establishing  measures  for 
the recovery of the northern hake stock25; 

Council Regulation (EC) No 2166/2005 establishing measures for the recovery of the 
Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian 
peninsula and amending Regulation (EC) No 850/98 for the conservation of fishery 
resources  through  technical  measures  for  the  protection  of  juveniles  of  marine 
organisms26; 

Council  Regulation  (EC)  No  2115/2005  of  20  December  2005  establishing  a 
recovery  plan  for  Greenland  halibut  in  the  framework  of  the  Northwest  Atlantic 
Fisheries Organisation27; 

Council  Regulation  (EC)  No  388/2006  of  23  February  2006  establishing  a 
multiannual  plan  for  the  sustainable  exploitation  of  the  stock  of  sole  in  the  Bay  of 
Biscay28; 

Council  Regulation  (EC)  No  509/2007  of  7  May  2007  establishing  a  multiannual 
plan for the sustainable exploitation of the stock of sole in the Western Channel29; 

Council  Regulation  (EC)  No  676/2007  of  11  June  2007  establishing  a  multiannual 
plan for fisheries exploiting stocks of plaice and sole in the North Sea30; 

Council  Regulation  (EC)  No  1098/2007  of  18  September  2007  establishing  a 
multiannual  plan  for  the  cod  stocks  in  the  Baltic  Sea  and  the  fisheries  exploiting 
those stocks, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) 
No 779/9731; 

Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions 
for year-to-year management of TACs and quotas32. 

(41)  As  this  Regulation  will  establish  a  new,  comprehensive  control  regime  Regulation 
(EC) No 2847/93 of 12 October 1993 establishing a control system applicable to the 
Common Fisheries Policy, and Council Regulation (EC) No 1627/94 of 27 June 1994 
laying down general provisions concerning special fishing permits should be repealed. 

24 
25 
26 
27 
28 
29 
30 
31 
32 

OJ L 70, 9.3.2004, p. 8. 
OJ L 185, 24.5.2004, p. 1. 
OJ L 345, 28.12.2008, p. 5. 
OJ L 340, 23.12.2005, p. 3. 
OJ L 65, 7.3.2006, p. 1. 
OJ L 122, 11.5.2007, p. 7. 
OJ L 157, 19.6.2007, p. 1. 
OJ L 248, 22.9.2007, p. 1. 
OJ L 115, 9.5.1996, p. 3. 

EN 

17 

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HAS ADOPTED THIS REGULATION: 

TITLE I 
GENERAL PROVISIONS 

Article 1 
Subject matter 

This  Regulation  establishes  a  Community  system  for  control,  monitoring,  surveillance, 
inspection, and enforcement (hereinafter to be referred to as "Community control system") of 
the rules of the Common Fisheries Policy.  

Article 2 
Scope 

This Regulation shall apply to all activities carried out on the territory of Member States or in 
Community  waters  or  by  Community  fishing  vessels  or,  without  prejudice  to  the  primary 
responsibility of the flag State, nationals of Member States, which relate to  

(a) 

(b) 

(c) 

1. 

2. 

the conservation, management and exploitation of living aquatic resources,  

aquaculture, 

processing, transport and marketing of fishery and aquaculture products. 

Article 3 
Relationship with international and national provisions 

This Regulation shall apply without prejudice to the special provisions contained in 
fisheries  agreements  concluded  between  the  Community  and  third  countries  or 
applicable  in  the  framework  of  Regional  Fisheries  Management  Organisations 
(RFMOs) or similar arrangements to which the Community is a Contracting Party or 
a non-contracting Cooperating Party.  

This Regulation shall apply without prejudice to any national control measures which 
go  beyond  its  minimum  requirements,  provided  that  they  comply  with  Community 
legislation and are in conformity with the Common Fisheries Policy. At the request 
of the Commission, Member States shall notify those control measures. 

Article 4 
Definitions  

For the purposes of this Regulation, the definitions set out in Regulation (EC) No 2371/2002 
shall apply. The following definitions shall also apply: 

(1) 

"Fishing  activity"  means  searching  for  fish,  shooting,  setting,  hauling  of  a  fishing 
gear,  taking  catch  on  board,  transhipping,  retaining  on  board,  processing  on  board, 
transferring and caging of fish and fishery products; 

EN 

18 

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(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

(13) 

"Rules  of  the  Common  Fisheries  Policy"  means  Community  legislation  on  the 
living  aquatic  resources,  on 
conservation,  management  and  exploitation  of 
aquaculture  and  on  processing,  transport  and  marketing  of  fishery  and  aquaculture 
products; 

"Activities  covered  by 
management  and  exploitation  of 
processing, transport and marketing of fishery and aquaculture products; 

the  Common  Fisheries  Policy"  means  conservation, 
living  aquatic  resources,  aquaculture  and 

"Control" means monitoring, surveillance, inspection and enforcement; 

“Inspection”  means  any  on  the  spot  check  carried out by inspectors of compliance 
with the applicable provisions of the Common Fisheries Policy which is noted in an 
inspection report; 

"Official" means a person authorised by a national authority, the Commission or the 
Community Fisheries Control Agency to carry out an inspection; 

"Fishing  licence"  means  an  official  document  conferring  on  its  holder  the  right,  as 
determined  by  national  rules,  to  use  a  certain  fishing  capacity  for  the  commercial 
exploitation  of  living  aquatic  resources.  It  contains  minimum  requirements 
concerning  the  identification,  technical  characteristics  and  fitting  out  of  a 
Community fishing vessel; 

"Fishing  authorisation"  means  a  fishing  authorisation  issued  in  respect  of  a 
Community  fishing  vessel  in  addition  to  its  fishing  licence,  entitling  it  to  carry  out 
fishing  activities  in  Community  waters  in  general  and/or  specific  fishing  activities 
during  a  specified  period,  in  a  given  area  or  for  a  given  fishery  under  specific 
conditions; 

"Automatic  Identification  System",  means  an  autonomous  and  continuous  maritime 
safety  and  vessel  traffic  broadcast  system  which  provides  a  means  for  ships  to 
electronically  exchange  with  other  nearby  ships  and  authorities  ashore  ship  data 
including identification, position, course and speed; 

"Marine  Protected  Area",  means  any  area  which  has  been  reserved  by  law,  an 
internationally agreed measure or any other effective measure to protect part or all of 
the enclosed environment; 

"Fisheries  Monitoring  Centre"  means  an  operational  centre  established  by  a  flag 
Member State and having the technical capacity to monitor from a distance fishing 
vessels,  to  collect,  store,  validate  and  cross-check  the  data  received  via  different 
communication systems and to make the information available, as appropriate, to the 
flag State inspection services or coastal State; 

"Transhipment" means the unloading of all or any fisheries or aquaculture products 
on board a vessel to another vessel; 

"Risk"  means  the  likelihood  of  an  event  that  may  occur  and  would  constitute  a 
violation of the rules of the Common Fisheries Policy; 

EN 

19 

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(14) 

(15) 

(16) 

(17) 

(18) 

(19) 

(20) 

(21) 

(22) 

(23) 

the  systematic 

"Risk  management"  means 
the 
implementation of all measures necessary for limiting the realisation of these risks. 
This  includes  activities  such  as  collecting  data  and  information,  analysing  and 
assessing  risks,  preparing  and  taking  action,  and  regular  monitoring  and  review  of 
the  process  and  its  outcomes,  based  on  international,  Community  and  national 
sources and strategies; 

identification  of  risks  and 

"Operator" means the natural or legal person who operates or holds any undertaking 
carrying  out  any  of  the  activities  related  to  any  stage  of  production,  processing, 
marketing, distribution and retail chains of fisheries and aquaculture products; 

"Lot"  means  a  quantity  of  fishery  products  of  a  given  species  which  has  been 
subjected to the same treatment and may have come from the same fishing grounds 
and the same vessel or the same aquaculture activities; 

"Processing" means the process by which the presentation was prepared. It includes 
cleaning,  filleting,  icing,  packing,  canning,  freezing,  smoking,  salting,  cooking, 
pickling, drying or preparing fish for market in any other manner; 

"Retail" means the handling and/or processing of products of living aquatic resources 
and their storage at the point of sale or delivery to the final consumer, and includes 
distribution  terminals,  catering  operations,  factory  canteens,  institutional  catering, 
restaurants and other similar food service operations, shops, supermarket distribution 
centres and wholesale outlets; 

"Agency"  means  the  Community  Fisheries  Control  Agency  referred  to  in  Council 
Regulation (EC) No 768/2005 of 26 April 2005; 

"Integrated  maritime  surveillance  network"  means  a  network  of  surveillance, 
monitoring, identification and tracking systems operated for the purposes of maritime 
security  and  safety,  protection  of  the  marine  environment,  fisheries  control,  border 
control, trade facilitation and general law enforcement; 

"Vessel  Monitoring  System  data"  means  data  on  the  fishing  vessel  identification, 
geographical position, date, time, course and speed transmitted by satellite-tracking 
devices installed on-board fishing vessels to the Fisheries Monitoring Centre of the 
flag State; 

"Vessel Detection System data" means data derived from remotely sensed images and 
collected by Fisheries Monitoring Centres that provide an overview of the presence 
of vessels in a given sea area; 

"Multiannual plans" means recovery plans as referred to in Article 5 of Regulation 
(EC) No 2371/2002, management plans as referred to in Article 6 of Regulation (EC) 
No 2371/2002 as well as other Community provisions adopted on the basis of Article 
37 of the EC Treaty and providing for specific management measures for particular 
fish stocks for several years; 

(24) 

"Coastal state" means the State in the waters under the sovereignty or jurisdiction or 
in the ports of which an activity takes place. 

EN 

20 

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TITLE II 
GENERAL PRINCIPLES 

Article 5 
General principles  

1. 

2. 

3. 

4. 

5. 

6. 

Member States shall control the activities carried out by any natural or legal person 
within the scope of the Common Fisheries Policy on their territory and within waters 
subject  to  their  sovereignty  or  jurisdiction,  in  particular  fishing,  transhipments, 
transfer of fish to cages or aquaculture installations including fattening installations, 
landing, import, transport, marketing and storage of fishery products. 

Member States shall also control access to waters and resources and control activities 
outside Community waters carried out by Community fishing vessels flying their flag 
and,  without  prejudice  to  the  primary  responsibility  of  the  flag  Member  State,  by 
their nationals.  

Member States shall adopt appropriate measures, allocate adequate financial, human 
and  technical  resources  and  set  up  all  administrative  and  technical  structures 
necessary  for  ensuring  inspection,  monitoring,  surveillance  and  enforcement  of 
activities  carried  out  within  the  scope  of  the  Common  Fisheries  Policy.  They  shall 
make  available  to  their  competent  authorities  and  officials  all  adequate  means  to 
enable them to carry out their tasks.  

Each  Member  State  shall  ensure  that  control,  inspection,  monitoring,  surveillance 
and enforcement is carried out on a non-discriminatory basis as regards the sectors, 
vessels or persons chosen for inspection, and on the basis of risk management. 

In each Member State, a single authority shall coordinate the control activities of all 
national  control  authorities.  It  shall  also  be  responsible  for  coordinating  the 
collection  and  verification  of  information  on  fishing  activities  and  for  reporting  to, 
and cooperating with the Commission, other Member States and third countries. 

The payment of contributions from the European Fisheries Fund pursuant to Council 
Regulation  (EC)  No  1198/2006  and  of  Community  financial  contributions  to 
measures  referred  to  in  Article  8,  paragraph  a,  of  Council  Regulation  (EC)  No 
861/2006 shall be conditional upon respect by the Member States of their obligation 
to  ensure  compliance  with  and  enforcement  of  the  rules  on  conservation,  control, 
inspection and enforcement under the Common Fisheries Policy related to, or having 
an  impact  on  the  effectiveness  of,  the  measures  being  financed,  and  to  operate  and 
maintain an effective inspection, monitoring, surveillance and enforcement regime to 
this effect. 

7. 

In accordance with their respective responsibilities, the Commission and the Member 
States  shall  ensure  that  the  objectives  of  this  Regulation  are  fulfilled  in  the 
management and control of Community financial assistance. 

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TITLE III 
GENERAL CONDITIONS FOR ACCESS TO WATERS AND 
RESOURCES 

Article 6 
Fishing licence 

1. 

2. 

3. 

4. 

1. 

A  Community  fishing  vessel  may  be  used  for  commercial  exploitation  of  living 
aquatic resources only if it has a valid fishing licence. 

For  Community  fishing  vessels  the  flag  Member  State  shall  issue  and  manage  the 
fishing licences. It shall ensure that the information contained in the fishing licence 
are  accurate  and  consistent  with  those  contained  in  the  Community  fishing  fleet 
register referred to in Article 15 of Regulation (EC) No 2371/2002.  

The  flag  Member  State  shall  suspend  temporarily  the  fishing  licence  of  a  vessel 
which  is  subject  to  temporary  immobilisation  decided  by  that  Member  State  and 
which  has  had  its  fishing  authorisation  suspended  in  accordance  with  Article  45 
paragraph 1 d) of Regulation (EC) No1005/2008.  

The  flag  Member  State  shall  withdraw  permanently  the  fishing  licence-of  a  vessel 
which is the subject of a capacity adjustment measure referred to in Article 11 (3) of 
Regulation (EC) No 2371/2002 or which has had its fishing authorisation withdrawn 
in accordance with article 45 (1) (d) of Regulation (EC) No 1005/2008. 

Article 7 
Fishing authorisation 

A Community fishing vessel operating in Community waters shall only be authorised 
to carry out fishing activities insofar as it holds a valid fishing authorisation issued 
by the competent authorities of its flag Member State. A Community fishing vessel 
operating  in  Community  waters  shall  be  authorised  to  carry  out  specific  fishing 
activities only insofar as they are indicated in its valid fishing authorisation when the 
fisheries or fishing zones are subject to: 

a) 

b) 

c) 

d) 

e) 

f) 

a fishing effort regime; 

a multiannual plan; 

a marine protected area; 

a scheme of progressive reduction of discards; 

experimental fishing; 

fishing  activities  with  bottom  gears  in  areas  not  under  the  responsibility  of  a 
Regional Fisheries Management Organisation; 

g) 

other cases laid down in Community legislation. 

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2. 

3. 

4. 

5. 

1. 

2. 

1. 

2. 

3. 

Where a Member State has a specific national fishing authorisation scheme, it shall 
send  the  Commission  at  its  request  a  summary  of  the  information  contained  in  the 
authorisation applications and the related overall figures on fishing effort. 

Where  the  flag  Member  State  has  adopted  national  provisions  in  the  form  of  a 
national  fishing  authorisation  scheme  for  the  allocation  to  individual  vessels  of  the 
fishing  opportunities  available  to  it,  it  shall  send  to  the  Commission  at  its  request 
information  on  the  vessels  authorized  to  engage  in  a  fishing  activity  in  a  given 
fishery. 

A  fishing  authorisation  shall  not  be  issued  if  the  vessel  concerned  does  not  have  a 
fishing licence obtained in accordance with Article 6 or if its fishing licence has been 
suspended  or  withdrawn.  A  fishing  authorisation  shall  automatically  become  null 
where  the  fishing  licence  corresponding  to  the  vessel  has  been  withdrawn 
permanently.  It  shall  be  suspended  where  the  fishing  licence  has  been  suspended 
temporarily. 

The  format  and  the  procedure  for  the  issue  of  fishing  licences  and  fishing 
authorisations  shall  be  adopted  in  accordance  with  the  procedure  referred  to  in 
Article 111. 

Article 8 
Marking of the fishing gear 

The  master  of  a  vessel  shall  respect  conditions  and  restrictions  relating  to  the 
marking and identification of vessels and their gear. 

Detailed  rules  for  the  marking  and  identification  of  vessels  and  their  gear  shall  be 
determined in accordance with the procedure referred to in Article 111. 

Article 9 
Vessel Monitoring System  

Member States shall operate a satellite-based Vessel Monitoring System for effective 
monitoring  of  fishing  activities  of  the  fishing  vessels  flying  their  flag  regardless 
where they are and of fishing activities in their waters. Member States shall ensure 
the regular monitoring of the accuracy of this data and shall act promptly whenever 
data are found to be inaccurate. 

A fishing vessel exceeding 10 meters length overall shall have installed on board a 
fully  functioning  device  which  allows  that  vessel  to  be  automatically  located  and 
identified  through  the  Vessel  Monitoring  System  by  transmitting  position  data  at 
regular  intervals.  It  shall  also  allow  the  Fisheries  Monitoring  Centre  of  the  flag 
Member State to poll the fishing vessel. For vessels exceeding 10 meters length and 
up to 15 meters length overall this paragraph shall apply as from 1 January 2012. 

When  a  fishing  vessel  is  in  the  waters  of  another  Member  State,  the  flag  Member 
State  shall  make  available  the  Vessel  Monitoring  System  data  of  that  vessel  by 
automatic  transmission  to  the  Fisheries  Monitoring  Centre  of  the  coastal  Member 
States. The Vessel Monitoring System data shall also be made available upon request 
to the Member State in whose ports a fishing vessel is likely to land its catches or in 
the waters of which the fishing vessel is likely to continue its fishing activities.  

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4. 

5. 

6. 

7. 

8. 

9. 

If a Community fishing vessel operates in the waters of a third country or in areas of 
the  high  sea  where  the  fishing  resources  are  managed  by  an  international 
organisation  and  if  the  agreement  with  that  third  country  or  the  applicable  rules  of 
that international organisation so provide, those data shall also be made available to 
that country or organisation. 

Member  States  shall  make  detailed  and  aggregated  data  available  to  end-users  as 
referred  to  in  Article  2  (i)  of  Council  Regulation  (EC)  No 199/2008,33  in  order  to 
support  scientific  analysis  under  the  conditions  laid  down  in  Article  18  of  that 
Regulation. 

Community  vessels  up  to  15  meters  length  overall  may  be  exempted  from  the 
requirement to be fitted with a Vessel Monitoring System if they: 

a) 

b) 

operate exclusively within the territorial seas of the flag Member State or 

never spend more than 24 hours at sea taken from the time of departure to the 
return to port. 

Third country fishing vessels operating in Community waters shall have installed on 
board  a  fully  functioning  device  which  allows  automatically  localising  and 
identifying that vessel by Vessel Monitoring System by transmitting position data at 
regular intervals in the same way as masters of Community fishing vessels. 

Member States shall establish and operate Fisheries Monitoring Centres, which shall 
monitor  fishing  activities  and  fishing  effort.  The  Fisheries  Monitoring  Centres  of  a 
particular Member State shall monitor the fishing vessels flying its flag, regardless of 
the waters in which they are operating or the port they are in, as well as Community 
fishing  vessels  flying  the  flag  of  other  Member  States  and  fishing  vessels  of  third 
countries to which a Vessel Monitoring System applies operating in the waters under 
the sovereignty or the jurisdiction of that particular Member State. 

Each  flag  Member  State  shall  appoint  the  competent  authorities  responsible  for  the 
Fisheries Monitoring Centres and shall take the appropriate measures to ensure that 
its  Fisheries  Monitoring  Centres  has  the  proper  staffing  resources  and  is  equipped 
with  computer  hardware  and  software  enabling  automatic  data  processing  and 
electronic data transmission. Member States shall provide for back-up and recovery 
procedures  in  case  of  system  failure.  Member  States  may  operate  a  joint  Fisheries 
Monitoring Centres. 

10. 

Detailed rules for the application of this Article shall be adopted in accordance with 
the procedure referred to in Article 111. 

Article 10 
Automatic Identification System  

1. 

A fishing vessel exceeding 15 meters length overall shall be fitted with and maintain 
in  operation  an  Automatic  Identification  System  which  meets  the  performance 

33 

OJ L 60, 5.3.2008, p. 1. 

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24 

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2. 

1. 

standards drawn up by the International Maritime Organisation according to chapter 
V,  Regulation  19,  section  2.4.5  of  the  1974  SOLAS  Convention  in  its  up-to-date 
version. 

Member States shall use the Automatic Identification System data for the purpose of 
cross-checking  with  other  available  data  in  accordance  with  Articles  102  and  103. 
For  that  purpose  Member  States  shall  ensure  that  data  from  the  Automatic 
Identification  System  for  fishing  vessels  flying  their  flag  are  available  to  their 
national  fisheries  control  authorities.  Member  States  shall  ensure  the  regular 
monitoring  of  the  accuracy  of  those  data  and  shall  act  promptly  whenever  data  are 
found to be inaccurate. 

Article 11 
Vessel Detection System 

Member  States  shall  use  a  Vessel  Detection  System  allowing  them  to  match  the 
positions  derived  by  remotely  sensed  images  sent  to  earth  by  satellites  or  other 
equivalent  systems  with  the  data  received  by  Vessel  Monitoring  System  or 
Automatic Identification System, in order to assess the presence of fishing vessels in 
the area. Member States shall ensure that their Fisheries Monitoring Centres possess 
the technical capacity to use a Vessel Detection System. 

2. 

The Commission may require a Member State to use a Vessel Detection System for a 
given fishery and at a given time. 

Article 12 
Transmission of data for surveillance operations 

Data  from  the  Vessel  Monitoring  System,  Automatic  Identification  System  and  Vessel 
Detection  System  collected  in  the  framework  of  this  Regulation  may  be  transmitted  to 
Commission  agencies  and  other  public  authorities  of  the  Member  States  engaged  in 
surveillance  operations  for  the  purpose  of  maritime  safety  and  security,  border  control, 
protection of the marine environment and general law enforcement. 

Article 13 
New technologies  

1. 

2. 

The Council may decide on the basis of Article 37 of the Treaty on the obligation to 
use electronic monitoring devices, and traceability tools, such as genetic analysis. In 
order  to  assess  the  technology  to  be  used,  Member  States,  in  cooperation  with  the 
Commission,  or  the  body  designated  by  it,  shall  carry  out  pilot  projects  on 
traceability tools, such as genetic analysis before 1 June 2013. 

The Council shall decide on the basis of Article 37 of the Treaty on the introduction 
of other new fisheries control technologies when these technologies lead to improved 
compliance with the rules of the Common Fisheries Policy in a cost effective way. 

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TITLE IV 
MONITORING OF FISHERIES  

Chapter I 
Monitoring Of The Use Of Fishing Opportunities 

SECTION 1 
GENERAL PROVISIONS 

Article 14 
Logbook 

1. 

2. 

Without  prejudice  to  specific  rules,  the  masters  of  Community  fishing  vessels 
exceeding  10  meters  length  overall  shall  keep  a  logbook  of  their  operations, 
indicating  specifically  all  quantities  greater than  15  kg  of  live-weight  equivalent  of 
each species caught and kept on board, the date and the relevant geographical area, 
expressed  by  reference  to  a  sub-area  and  division  or  sub-division,  or  where 
applicable  statistical  rectangle  in  which  catch  limits  apply  pursuant  to  Community 
legislation, of these catches and the type of gear used. The quantities of each species 
discarded  at  sea  shall  also  be  recorded  in  the  logbook.  The  accuracy  of  the  data 
recorded in the logbook shall be the responsibility of the master. 

In  fisheries  subject  to  a  regime  of  fishing  effort  masters  of  Community  fishing 
vessels  shall  record  and  account  in  their  logbooks  for  the  time  spent  in  an  area  as 
follows: 

a)  With regard to towed gear: 

i) 

entry into, and exit from port; 

ii) 

iii) 

each  entry  into,  and  exit  from  maritime  areas  where  specific  rules  on 
access to waters and resources apply; 

the  catch  retained  on  board  by  species  in  kilograms  live  weight  at  the 
time of exit from that area or of entry into a port located in that area. 

b)  With regard to static gear: 

i) 

entry into, and exit from port; 

ii) 

each  entry  into,  and  exit  from  maritime  areas  where  specific  rules  on 
access to waters and resources apply; 

iii) 

the date and time of setting or re-setting of the static gear in these areas; 

iv) 

the date and time of the completion of fishing operations using the static 
gear; 

EN 

26 

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3. 

4. 

5. 

6. 

1. 

2. 

1. 

2. 

v) 

the  catch  retained  on  board  by  species  in  kilograms  live  weight  at  the 
time of exit from that area or of entry into a port located in that area. 

The  permitted  margin  of  tolerance  in  estimates  recorded  in  the  logbook  of  the 
quantities in kilograms of fish retained on board shall be 5 %. 

To  convert  stored  or  processed  fish  weight  into  live  fish  weight  the  masters  of 
Community  fishing  vessels  shall  apply  the  conversion  factor  established  in 
accordance with the procedure referred to in Article 111. 

Masters of third country fishing vessels operating in Community waters shall record 
the information referred to in this Article in the same way as masters of Community 
fishing vessels. 

Detailed rules for the application of this Article shall be adopted in accordance with 
the procedure referred to in Article 111. 

Article 15 
Electronic recording and transmission of logbook data 

The master of a Community fishing vessel exceeding 10 meters length overall shall 
record  by  electronic  means  fisheries  logbook  information  and  shall  send  it  by 
electronic means to the competent authority of the flag Member State at least once a 
day 

Paragraph  1  shall  apply  to  Community  fishing  vessels  exceeding  15  meters  length 
and up to 24 meters length overall as from 1 July 2011, and to Community fishing 
vessels  exceeding  10  meters  length  and  up  to  15  meters  length  overall  as  from  1 
January 2012. Community vessels up to 15 meters length overall may be exempted 
from paragraph 1 if they: 

a) 

b) 

operate exclusively within the territorial seas of the flag Member State, or  

never spend more than 24 hours at sea taken from the time of departure to the 
return to port. 

Article 16 
Vessels exempted from logbook requirements  

Each Member State shall monitor, on the basis of sampling, the activities of fishing 
vessels  which  are  exempt  from  the  requirements  specified  in  Article  14  in  order  to 
ensure compliance by these vessels with the rules of the Common Fisheries Policy.  

To  that  end,  each  Member  State  shall  establish  a  sampling  plan  based  on  the 
methodology adopted by the Commission in accordance with the procedure referred 
to  in  Article  111  and  transmit  it  every  year  before  31  January  to  the  Commission 
indicating  the  methods  used  for  the  establishment  of  this  plan.  The  sampling  plans 
shall be, as far as possible, stable over time and standardised within regions.  

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27 

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Article 17 
Prior notification 

1. 

Without  prejudice to specific provisions contained  in  multiannual  plans,  masters  of 
Community  fishing  vessels  or  their  representatives  shall  notify  the  competent 
authorities of the Member State whose port or landing facilities they wish to use at 
least  4  hours  before  the  estimated  time  of  arrival  at  the  port,  unless  the  competent 
authorities have given permission for an earlier entry, of the following information: 

a) 

b) 

c) 

vessel identification; 

name of the designated port of destination and the purposes of the call, such as 
landing, transhipment, access to services; 

fishing  authorisation  or,  where  appropriate,  authorisation  to  support  fishing 
operations or to tranship fishery products; 

d) 

dates of the fishing trip and the areas in which the catches were taken; 

e) 

f) 

estimated date and time of arrival at port; 

the quantities of each species retained on board, including zero catches returns; 

g) 

the quantities for each species to be landed or transhipped. 

A master of a Community fishing vessel, or his representative, who records logbook 
information  by  electronic  means  according  to  Article  15  shall  transmit  the  prior 
notification referred to in paragraph 1 by electronic means to the competent authority 
of the flag Member State. The logbook information referred to in Article 14 and the 
prior  notification  referred  to  in  paragraph  1  of  this  Article  may  be  sent  in  one 
transmission if this transmission contains the required information regarding each of 
them. 

When  a  Community  fishing  vessel  intends  to  enter  a  port  in  a  Member  State  other 
than  the  flag  Member  State  and  has  transmitted  the  prior  notification  referred  to  in 
paragraph 1 by electronic means, the competent authorities of the flag Member State 
shall immediately upon receipt forward the prior notification referred to in paragraph 
1 by electronic means to the competent authorities of the coastal Member State. 

The Commission, in accordance with the procedure referred to in Article 111, may 
exempt certain categories of fishing vessels from the obligation set out in paragraph 
1  for  a  limited  period,  which  may  be  renewed,  or  make  provision  for  another 
notification  period  taking  into  account,  inter  alia,  the  type  of  fishery  products,  the 
distance between the fishing grounds, landing places and ports where the vessels in 
question are registered. 

2. 

3. 

4. 

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28 

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Article 18 
Transhipment  

Transhipments  at  sea  shall  be  prohibited  in  Community  waters.  They  shall  be  allowed  only 
subject to an authorisation in ports of Member States designated for this purpose, and under 
the conditions laid down in this Regulation.  

Article 19 
Transhipment declaration  

The  masters,  or  their  representatives,  of  both  the  transhipping  and  the  receiving 
vessel shall submit a transhipment declaration, as soon as possible and not later than 
24 hours after transhipment, 

(a) 

to their flag Member State and 

(b) 

if  the  transhipment  has  taken  place  in  a  port  of  another  Member  State,  to  the 
competent authorities of the port Member State concerned. 

The  transhipment  declaration  shall  be  submitted  if  possible  by  electronic  means.  If 
the  submission  is  by  electronic  means,  the  transhipment  declaration  shall  be 
submitted  only  to  the  flag  Member  State  even  where  the  transhipment  shall  take 
place  in  a  port  of  another  Member  State.  The  flag  Member  State  shall  forward 
immediately  upon  receipt  the  transhipment  declarations  to  the  port  Member  State 
concerned. 

The  transhipment  declaration  shall  indicate  the  quantity  of  fishery  products  by 
species that has been transhipped, the date and place of each catch, the names of the 
vessels involved and the ports of transhipment and destination. Masters of both the 
vessels involved shall be held responsible for the accuracy of such declarations. 

The Commission, in accordance with the procedure referred to in Article 111, may 
exempt  certain  categories  of  fishing  vessels  from  the  obligation  laid  down  in 
paragraph  1  for  a  limited  and  renewable  period,  or  make  provision  for  another 
notification period taking into account, inter alia, the type of fishery products and the 
distance between the fishing grounds, landing places and ports where the vessels in 
question are registered. 

Transhipment  procedures  and  forms  shall  be  determined  in  accordance  with  the 
procedure referred to in Article 111. 

Article 20 
Authorisation to land and to tranship 

Community fishing vessels shall be granted authorisation to land or tranship only if 
the information referred to in Article 17 is complete. 

Landing shall not commence until it has been authorised by the competent authorities 
of the Member State concerned. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

EN 

29 

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3. 

4. 

1. 

2. 

3. 

4. 

5. 

6. 

Authorisation  to  commence  landing  or  transhipment  operations  in  port  shall  be 
subject to a check of the completeness of the submitted information as prescribed in 
paragraph 1 and, where appropriate, to the completion of an inspection. 

When  giving  the  authorisation  to  land,  the  competent  authorities  shall  assign  a 
unique  landing  number  (ULN)  to  the  landing  and  inform  the  master  of  the  vessel 
thereof. If the landing is interrupted, permission shall be required before the landing 
recommences. 

Article 21 
Landing declaration  

The  master  shall  be  responsible  for  the  accuracy  of  the  landing  declaration  which 
shall  indicate,  as  a  minimum,  the  quantities  landed  of  each  species  stipulated  in 
Article 14 and the area where and the date when they were caught. 

Without  prejudice to specific provisions contained  in  multiannual  plans,  the  master 
or  his  representative  of  a  Community  fishing  vessel  exceeding  10  meters  length 
overall shall transmit landing declaration data by electronic means to the competent 
authorities of the flag Member State within 2 hours after completion of the landing. 

When a Community fishing vessel lands its catches in a Member State other than the 
flag  Member  State,  the  competent  authorities  of  the  flag  Member  State  shall 
immediately upon receipt forward the landing declaration data by electronic means to 
the competent authorities of the Member State where the catch was landed. 

Paragraph  2  shall  apply  to  Community  fishing  vessels  exceeding  15  meters  length 
and up to 24 meters length overall as from 1 July 2011, and  to Community fishing 
vessels  exceeding  10  meters  length  and  up  to  15  meters  length  overall  as  from  1 
January 2012. Community vessels up to 15 meters length overall may be exempted 
from the application of paragraph 2 if they: 

a) 

b) 

operate exclusively within the territorial seas of the flag Member State, or 

never spend more than 24 hours at sea taken from the time of departure to the 
return to port. 

For vessels exempted from the requirement set out in paragraph 2, the master, or his 
representative, shall record upon landing and submit as soon as possible and not later 
than 24 hours after landing, a landing declaration to the competent authorities of the 
Member State where the landing has taken place.  

Landing  declaration  procedures  and  forms  shall  be  determined  in  accordance  with 
the procedure referred to in Article 111. 

Article 22 
Vessels exempted from landing declaration requirements  

1. 

Each Member States shall monitor, on the basis of sampling, the activities of fishing 
vessels  which  are  exempt  from  the  landing  declaration  requirements  specified  in 

EN 

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2. 

1. 

2. 

3. 

1. 

2. 

3. 

Article 21(1) and (2) in order to ensure compliance by these vessels with the rules of 
the Common Fisheries Policy. 

To  this  end,  each  Member  State  shall  establish  a  sampling  plan  based  on  the 
methodology adopted by the Commission in accordance with the procedure referred 
to  in  Article  111,  and  transmit  it  every  year  before  31  January  to  the  Commission 
indicating  the  methods  used  for  the  establishment  of  this  plan.  The  sampling  plans 
shall be, as far as possible, stable over time and standardised within regions. 

SECTION 2 
RECORDING AND EXCHANGE OF DATA BY MEMBER STATES 

Article 23 
Recording of catches and fishing effort 

Each Member State shall record all relevant data on fishing opportunities as referred 
to  in  this  Chapter,  expressed  both  in  terms  of  catches  and  fishing  effort,  and  shall 
keep the originals of that data for a period of three years or longer in accordance with 
national rules. 

Before the 15th of each month, each Member State shall notify the Commission or 
the body designated by it, by computer transmission of all updated data referred to in 
paragraph 1 recorded during the preceding month. 

All  catches  of  a  stock  or  a  group  of  stocks  subject  to  quota  made  by  Community 
fishing vessels shall be charged against the quota applicable to the flag Member State 
for the stock or group of stocks in question, irrespective of the place of landing. 

Article 24 
Exchange of data  

Without prejudice to Article 23, the Member States of landing shall provide, at the 
request  of  another  Member  State,  by  electronic  means,  data  on  landings,  sales, 
transhipments or transport of fishery products carried out in its ports or waters under 
its  sovereignty  or  jurisdiction  by  fishing  vessels  flying  the  flag  of  the  requesting 
Member State. 

This  information  shall  at  least  consist  of  the  name  and  the  external  identification 
mark  of  the  vessel  in  question,  the  quantities  of  fish  by  stock  or  group  of  stocks 
landed,  sold  or  transhipped  by  that  vessel  as  well  as  the  date  and  place  of  landing, 
sale,  transhipment  or  transport.  This  information  shall  be  transmitted  within  four 
working days following the date of the request by the Member State unless otherwise 
agreed between the Member States concerned. 

The Member State where the landing, sale, transhipment or transport has taken place 
shall transmit to the Commission, at its request, by electronic means, this information 
at the same time as it is communicated to the flag Member State of the vessel. 

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Article 25 
Data on the exhaustion of fishing opportunities  

1. 

A  Member  State  shall  inform  the  Commission,  without  delay,  when  it  establishes 
that: 

a) 

b) 

the catches of a stock or group of stocks subject to a quota made by the fishing 
vessels flying its flag are deemed to have exhausted 80 % of that quota, or 

80 % of the maximum fishing effort level for a fishing area and applicable to 
all or part of the fishing vessels flying its flag is deemed to have been reached. 

2. 

In such an eventuality, it shall provide the Commission, at the Commission's request, 
with more detailed and more frequent information than provided for in Article 23. 

SECTION 3 
CLOSURE OF FISHERIES 

Article 26 
Closure of fisheries by Member States 

1. 

Each Member States shall establish the date from which: 

2. 

3. 

a) 

b) 

the catches of a stock or group of stocks subject to a quota made by the fishing 
vessels flying its flag shall be deemed to have exhausted that quota; 

the maximum fishing effort level for a fishing area and applicable to all or part 
of the fishing vessels flying its flag shall be deemed to have been reached. 

As  from  the  date  referred  to  in  paragraph  1,  the  Member  State  concerned  shall 
prohibit fishing for that stock or group of stocks by vessels flying its flag as well as 
the retention on board, the transhipments and the landing of fish taken after that date 
and  shall  decide  on  a  date  up  to  when  transhipments  and  landings  or  final 
declarations of catches are permitted. 

The  decision  referred  to  in  paragraph  2  shall  be  made  public  by  the  Member  State 
concerned  and  immediately  communicated  to  the  Commission  and  other  Member 
States. It shall be published in the Official Journal of the European Union (C series). 
As  from  the  date  that  the  decision  has  been  made  public  by  the  Member  State 
concerned, Member States shall ensure that no retention on board, landings, cagings 
or transhipments of the relevant fish by vessels flying the flag of the Member State 
concerned take place in their waters and on their territory. 

4. 

The  Commission  shall  keep  available  to  Member  States  by  electronic  means  the 
notifications received pursuant to this Article. 

EN 

32 

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1. 

2. 

1. 

2. 

3. 

4. 

Article 27 
Closure of fisheries by the Commission  

Where  the  Commission  finds  that  a  Member  State  has  not  complied  with  the 
obligation  to  notify  the  monthly  data  on  fishing  opportunities  as  provided  for  in 
Article 23(2), it may set the date on which 80% of the fishing opportunities of that 
Member State are deemed to be exhausted and it may set the estimated date on which 
the fishing opportunities shall be deemed to be exhausted. 

On the basis of the information under Article 26 or on its own initiative, where the 
Commission  finds  that  fishing  opportunities  available  to  the  Community  or  a 
Member  State  are  deemed  to  be  exhausted,  it  shall  inform  the  Member  States 
concerned  thereof  and  shall  prohibit  fishing  activities  for  the  respective  area,  gear, 
stock, group of stocks or fleet involved in those specific fishing activities. 

Article 28 
Corrective measures 

When  the  Commission  has  halted  fishing  because  of  the  alleged  exhaustion  of  the 
fishing opportunities available to a Member State or group of Member States, or to 
the  Community  and  it  transpires  that  a  Member  State  has  not  in  fact  exhausted  its 
fishing opportunities, the following paragraphs shall apply. 

If the prejudice suffered by the Member State for which fishing has been prohibited 
before its fishing opportunities were exhausted has not been removed, measures shall 
be adopted with the aim of remedying in an appropriate manner the prejudice caused, 
in  accordance  with  the  procedure  referred  to  in  Article  111.  These  measures  may 
involve  making  deductions  from  the  fishing  opportunities  of  any  Member  State 
which has overfished, the quantities so deducted to be allocated appropriately to the 
Member States whose fishing activities were halted before their fishing opportunities 
were exhausted.  

These deductions and the consequent allocations shall be made taking into account as 
a  matter  of  priority  the  species  and  zones  for  which  the  fishing  opportunities  were 
fixed. They may be made during the year in which the prejudice occurred or in the 
succeeding year or years.  

Detailed rules for the application of this Article, and in particular for determining the 
quantities concerned, shall be adopted in accordance with the procedure referred to in 
Article 111. 

EN 

33 

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Chapter II 
Monitoring Of Fleet Management 

SECTION 1 
FISHING CAPACITY 

Article 29 
Fishing capacity 

1. 

Member States shall be responsible for carrying out the necessary checks in order to 
ensure  that  the  total  capacity  corresponding  to  the  fishing  licences  issued  by  a 
Member  State,  in  GT  and  in  kW,  shall  at  any  moment  not  be  higher  than  the 
maximum capacity levels for that Member State established in accordance with: 

a)  Article 13 of Council Regulation (EC) No 2371/2002, and 

b)  Council Regulation (EC) No 639/2004, of 30 March 200434, and 

c) 

Commission Regulation (EC) No 1438/2003 of 12 August 2003, and35 

d)  Commission Regulation (EC) No 2104/2004 of 9 December 200436. 

2. 

Detailed rules for the application of this Article may be adopted in accordance with 
the procedure referred to in Article 111, and in particular regarding 

a) 

registration of fishing vessels; 

b) 

verification of the power of fishing vessels; 

c) 

verification of the tonnage of fishing vessels; 

d) 

verification of the type, number and characteristics of the fishing gear. 

3. 

Member  States  shall  inform  the  Commission  as  part  of  the  report  referred  to  in 
Article 110 of the check methods used, together with the names and addresses of the 
bodies responsible for carrying out the verification referred to in paragraph 2. 

34 
35 
36 

OJ L 102, 7.4.2004, p. 9. 
OJ L 204, 13.8.2003, p. 21. 
OJ L 365, 10.12.2004, p. 19. 

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34 

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SECTION 2: ENGINE POWER 

Article 30 
Monitoring of engine power 

1. 

2. 

3. 

4. 

1. 

2. 

Fishing shall only be allowed with fishing vessels equipped with engines that do not 
have a power exceeding that stated in the engine certificate.  

It  shall  be  prohibited  to  manipulate  an  engine  with  the  aim  of  increasing  its  power 
beyond the maximum power according to the engine certificate. 

It shall be prohibited to use new or replacement engines that have not been officially 
approved by the Member State concerned. 

Member  States  shall  ensure  that  certified  engine  power  is  not  exceeded.  Member 
States shall inform the Commission as part of the report referred to in Article 110 on 
the  control  measures  they  have  undertaken  to  ensure  that  the  engine  power  is  not 
exceeded.  

Article 31 
Certification of engine power 

New engines, replacement engines and engines that have been technically modified 
shall be officially approved by the Member States' authorities for not being capable 
of producing more power than stated in the engine certificate. Such approvals shall 
only be issued if the engine is not capable of producing more than the stated power. 

Member  States'  authorities  may  assign  the  certification  of  engine  power  to 
classification societies, manufacturers of motor engines or other operators having the 
necessary  expertise  for  the  technical  examination  of  engine  power.  Those 
classification societies, manufacturers or other operators shall only certify engines as 
not being capable of exceeding the officially stated power if there is no possibility to 
increase the performance of the engine above the certified power. 

Article 32 
Cross checking of engine power  

1. 

Member States shall undertake data cross-checks to verify the consistency of engine 
power with all the information available to the administration concerning the vessel 
technical characteristics. In particular they shall verify the information contained in 

a)  Vessel Monitoring System records; 

b) 

the logbook; 

c) 

the Engine International Air Pollution Prevention (EIAPP) certificate issued for 
the  engine  in  accordance  with  the  provisions  of  Annex  VI  to  the  MARPOL 
73/78 Convention; 

EN 

35 

   EN 

 
d) 

e) 

f) 

g) 

class  certificates 
organisation within the meaning of Directive 94/57/EC; 

issued  by  a  recognized  ship 

inspection  and  survey 

the sea trial certificate; 

the Community Fishing Fleet Register and 

any  other  documents  providing  relevant  information  on  vessel  power  or  any 
related technical characteristics. 

2. 

When there are indications that the power of the engine of a fishing vessel is greater 
than  the  power  stated  on  its  fishing  licence,  Member  States  shall  proceed  to  a 
physical verification of the engine power. 

Chapter III 
 Monitoring Of Multiannual Plans 

Article 33 
Transhipments in port  

Community  fishing  vessels  engaged  in  fishing  activities  in  the  fisheries  subject  to  a 
multiannual  plan  shall  not  transfer  their  catches  on  board  of  any  other  vessel  or  vehicle 
without previously landing their catches in order to be weighed in an auction centre or other 
body authorised by Member States.  

Article 34 
Designated ports  

1. 

2. 

3. 

4. 

The Council may decide, when adopting a multiannual plan, on a threshold amount 
applicable to the live weight of species subject to a multiannual plan, above which a 
vessel shall be required to land its catches in a designated port. 

Where more than the threshold quantity of fish as referred to in paragraph 1 is to be 
landed,  the  master  of  a  Community  fishing  vessel  shall  ensure  that  such  landing  is 
only  made  in  a  designated  port  in  the  Community.  When  the  multiannual  plan  is 
applied  in  the  framework  of  a  Regional  Fisheries  Management  Organizations,  the 
landings may take place in the port of a contracting party of that organisation. 

Each Member State shall designate ports in which landings referred to in paragraph 2 
shall take place. 

For a port to be determined as designated port, the following conditions shall be met: 

a) 

restricted landing times;  

b) 

restricted landing places; 

c) 

full inspection coverage during landing times and at all landing places; 

EN 

36 

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d) 

the average landed quantity by weight of the species subject to a multiannual 
plan must represent at least 5% of the overall quantities landed in that port. The 
reference  period  to  calculate  such  average  shall  be  the  three  immediately 
preceding years. 

Article 35 
Separate stowage of recovery species 

It shall be prohibited to retain on board a Community fishing vessel in any box any 
quantity  of  a  species  subject  to  a  multiannual  plan  mixed  with  any  other  fishery 
product. 

Boxes  with  species  subject  to  a  multiannual  plan  shall  be  properly  marked  with  a 
label indicating the FAO code of the species subject to a multiannual plan and shall 
be stowed in the hold in such a way that they are kept separate from other boxes. 

Article 36 
National control action programmes 

Member States shall define a national control action programmes applicable to each 
multiannual plan. 

Member  States  shall  set  out  specific  inspection  benchmarks  in  accordance  with 
Annex  I.  such  benchmarks  shall  be  revised  periodically  after  an  analysis  has  been 
made of the results achieved. Inspection benchmarks shall evolve progressively until 
the target benchmarks defined in Annex I are reached. 

Chapter IV 
Monitoring Of Technical Measures 

SECTION 1 
USE OF FISHING GEAR 

Article 37 
Fishing gear  

Any fishing gear used in a fishery shall comply with the technical specifications laid 
down in the rules of the Common Fisheries Policy for this fishery. 

In fisheries in which it is allowed to have more than two types of gear on board, the 
gear  which  is  not  used  shall  be  stowed  so  that  it  may  not  readily  be  used  in 
accordance with the following conditions: 

a) 

nets,  weights  and  similar  gear  shall  be  disconnected  from  their  trawl  boards 
and towing and hauling wires and ropes; 

b) 

nets which are on or above deck shall be securely lashed and 

1. 

2. 

1. 

2. 

1. 

2. 

EN 

37 

   EN 

 
c) 

longlines shall be stowed in lower decks. 

Article 38 
Catch composition 

If  catches  which  have  been  retained  on  board  any  Community  fishing  vessel  have 
been taken with nets with different minimum mesh sizes during the same voyage, the 
species  composition  shall  be  calculated  for  each  part  of  the  catch  which  has  been 
taken  under  different  conditions.  To  that  end,  all  changes  from  the  mesh  size 
previously used as well as the catch composition on board at the moment of any such 
change shall be entered into the logbook and the landing declaration. 

In specific cases detailed rules on the keeping on board of a stowage plan, by species, 
of processed products, indicating where they are located in the hold, may be adopted 
in accordance with the procedure referred to in Article 111. 

SECTION 2 
MONITORING OF MARINE PROTECTED AREAS 

Article 39 
Vessel monitoring system 

When  a  Marine  Protected  Area  is  defined,  the  position  limiting  the  geographical 
polygon and the correspondent rhomb lines and vessel positions shall be measured in 
accordance with the applicable standard. 

Fishing  activities  of  Community  fishing  vessels  in  fishing  zones  where  a  Marine 
Protected  Area  has  been  defined  shall  be  monitored  by  the  Fisheries  Monitoring 
Centre  of  the  coastal  State,  which  shall  have  a  system  to  detect  and  record  the 
vessels' entry into, transit through and exit from the Marine Protected Area. 

An alarm system shall be available in the Fisheries Monitoring Centre of the coastal 
State that can automatically detect vessels entering in the Marine Protected Area. The 
alarm system shall also be on board the vessel so as to alert the master of the vessel if 
he is about to enter the Marine Protected Area. 

Member  States  shall  establish  an  alarm  system  when  the  vessel  enters  the  control 
safety zone around the areas to be protected. 

By  way  of  derogation  from  Article  8  (2)  of  Commission  Regulation  (EC)  No 
2244/2003 of 18 December 2003 the frequency of data transmissions shall be of at 
least once every 15 minutes when a vessel enters the control safety zone and it shall 
be real-time transmission when the vessel enters in the Marine Protected Area.  

1. 

3. 

1. 

2. 

3. 

4. 

5. 

EN 

38 

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Article 40 
Transit through a Marine Protected Area  

Transit through a Marine Protected Area is allowed for all fishing vessels subject to 
the following conditions: 

a) 

all gears carried on board are lashed and stowed during the transit; and 

b) 

the speed during transit is not less than 6 knots. 

Masters of Community fishing vessels intending to transit a Marine Protected Area 
shall communicate the following data in the form of a transit report, to the authorities 
of the flag Member State and to the coastal Member State: 

a) 

b) 

the name of the vessel, external identification mark, radio call sign and name of 
the master of the vessel; 

the  coordinates  of  the  geographical  location  of  the  vessel  to  which  the 
communication refers; 

c) 

the date and time of each entry into a Marine Protected Area, and 

d) 

the date and time of each exit from a Marine Protected Area. 

SECTION 3  
 MONITORING OF THE REDUCTION OF DISCARDS 

Article 41 
Registration of discards  

The  master  of  a  fishing  vessel  shall  record  all  discards  above  15  kg  of  live  weight 
equivalents in volume and shall communicate, where possible by electronic means, 
this information without delay to its competent authorities. 

Member States shall establish a special scheme to monitor fishing vessels flying their 
flag with a fishing authorisation under a scheme of progressive reduction of discards. 

1. 

2. 

1. 

2. 

Article 42 
Logbook checks 

For vessels fitted with Vessel Monitoring System, Member States shall verify systematically 
that  the  information  received  at  the  Fisheries  Monitoring  Centre  corresponds  to  activities 
recorded in the logbook by using Vessel Monitoring System data and where available to the 
data  from  observers.  Such  cross-checks  shall  be  recorded  in  computer-readable  format  and 
kept for a period of three years. 

EN 

39 

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SECTION 4  
REAL TIME CLOSURE OF FISHERIES 

Article 43 
General provisions  

1. 

2. 

1. 

2. 

3. 

1. 

2. 

When  a  trigger  by-catch  level  has  been  reached  the  area  concerned  shall  be 
temporarily  closed  to  fisheries  in  accordance  with  the  provisions  of  this  Section. 
Such a real time closure shall be established for a fixed time not exceeding 10 days. 

The trigger by-catch level shall be calculated as the percentage of the live weight of 
each  species  of  the  total  catch  in  a  haul,  or,  when  the  objective  of  the  real  time 
closure  is  the  protection  of  juveniles  of  a  certain  species,  the  percentage  of  the 
number of juveniles of a defined species compared to the total number of specimen 
of that particular species in that haul. 

Article 44 
Real- time closure by Member States 

When a trigger by-catch level has been detected by any fishery protection vessel of 
the  coastal  Member  State  or  that  is  participating  in  a  joint  operation  under  a  Joint 
Deployment  Plan,  the  fishery  protection  vessel  shall  inform  without  delay  the 
competent authorities of the coastal Member State. 

Where  the  quantity  of  by-catches  exceeds  a  trigger  by-catch  level  in  any  one  haul, 
the  fishing  vessel  shall  change  the  fishing  area  by  at  least  five  nautical  miles  from 
any position of the previous haul before continuing fishing and shall inform without 
delay the competent authorities of the coastal Member State. If at least three fishing 
vessels have had to leave a fishing area as a result of exceeding the trigger by-catch 
level,  the  information  received  from  those  vessels  shall  be  used  by  the  coastal 
Member State to establish a real time closure. 

On  the  basis  of  the  information  received  in  accordance  with  paragraphs  1  or  2  the 
coastal Member State shall decide the real-time closure of the area concerned. It shall 
inform without delay the Commission, all Member States and third countries whose 
vessels  are  authorised  to  operate  in  the  concerned  area  that  a  real-time  closure  has 
been  established.  Fishing  activities  in  such  an  area  are  prohibited  as  defined  in  the 
decision establishing the real-time closure. 

Article 45 
Real-time closure by the Commission 

On the basis of the information received demonstrating that a trigger by-catch level 
has been reached the Commission may determine an area to be temporarily closed if 
the coastal Member State has not itself established such a closure. 

The  Commission  shall  inform  without  delay  all  Member  States  and  third  countries 
whose  vessels  operate  in  this  area  and  shall  make  available  without  delay  on  its 

EN 

40 

   EN 

 
official website a map with the coordinates of the area temporarily closed, specifying 
the  duration  of  the  closure  and  the  conditions  governing  fisheries  in  that  specific 
closed area. 

Article 46 
Re-opening of a temporarily closed area 

After a minimum of 60 hours after the defined area has been closed, and under the 
control of the inspection services of the coastal Member State, a limited number of 
vessels  carrying  on  board  a  scientific  observer,  shall  undertake  trial  fishing 
operations to verify the level of by-catches.  

If  these  operations  referred  to  in  paragraph  1  do  not  reach  more  than  60%  of  the 
trigger by-catch level the coastal Member State shall lift the real-time closures that it 
has established. The coastal Member State shall inform the Commission, all Member 
States  concerned  and  third  countries  whose  vessels  are  licensed  to  operate  in  the 
relative zone, that the real-time closure has been lifted. 

If the real-time closure has been established by the Commission in accordance with 
Article 45 the Commission shall be informed without delay by the coastal Member 
State  of  the  results  of  the  trial  fishing  operations  referred  to  in  paragraph  1.  The 
Commission  shall,  if  appropriate  after  examination  of  the  information  by  the 
Scientific Technical and Economic Committee for Fisheries, lift the real-time closure 
if the operations referred to in paragraph 1 do not reach more than 60% of the trigger 
by-catch  level.  It  shall  inform  all  Member  States  concerned  and  third  countries 
whose vessels are licensed to operate in the relative zone that the real-time closure 
has been lifted. 

Chapter V  
Monitoring of Recreational Fisheries 

Article 47 
Recreational fisheries 

Recreational  fisheries  on  a  vessel  in  Community  waters  on  a  stock  subject  to  a 
multiannual plan shall be subject to an authorisation for that vessel issued by the flag 
Member State. 

Catches  in  recreational  fisheries  on  stocks  subject  to  a  multiannual  plan  shall  be 
registered by the flag Member State.  

Catches  of  species  subject  to  a  multiannual  plan  by  recreational  fisheries  shall  be 
counted  against  the  relevant  quotas  of  the  flag  Member  State.  The  Member  States 
concerned  shall  establish  a  share  from  such  quotas  to  be  used  exclusively  for  the 
purpose of recreational fisheries. 

The  marketing  of  catches  from  a  recreational  fishery  shall  be  prohibited  except  for 
philanthropic purposes. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

EN 

41 

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TITLE V 
MONITORING OF MARKETING 

Chapter I 
General Provisions 

Article 48 
Principles for the monitoring of marketing 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

Each  Member  State  shall  be  responsible  for  monitoring  on  its  territory  the 
application of the rules of the Common Fisheries Policy at all stages of the marketing 
of  fishery  and  aquaculture  products,  from  the  first  sale  to  the  retail  sale,  including 
transport. 

All lots of fishery and aquaculture products shall be traceable and the operators shall 
be  able  to  identify  the  origin  and  destination  of  lots  from  catching  or  harvesting  to 
final consumer. 

Where a minimum size has been fixed for a given species, operators responsible for 
selling, stocking or transporting must be able to prove the geographical origin of the 
products expressed by reference to a sub-area and division or sub-division, or where 
applicable  statistical  rectangle  in  which  catch  limits  apply  pursuant  to  Community 
legislation 

Member  States  shall  ensure that all fishery and aquaculture products from catching 
or harvesting are put into lots. 

Article 49 
Common marketing standards 

Member States shall ensure that the products to which common marketing standards 
apply are displayed for sale, offered for sale, sold or otherwise marketed only if they 
comply with these standards. 

Products  withdrawn  from  the  market,  in  accordance  with  Council  Regulation  (EC) 
No  104/2000  of  17  December  1999,  shall  respect  common  marketing  standards,  in 
particular freshness categories. 

Operators  responsible  for  the  selling,  stocking  or  transporting  of  lots  of  fishery 
products shall be able to prove that the products comply with the marketing standards 
at all stages. 

EN 

42 

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Article 50 
Traceability 

1. 

2. 

Without prejudice to Regulation (EC) No 178/200237 and to their national legislation, 
Member States shall ensure that their operators put in place systems and procedures 
which  allow  the  information  on  the  provenance  of  the  fishery  and  aquaculture 
products to be made available to the competent authority. 

The  minimum  information  requirements  for  all  lots  of  fishery  and  aquaculture 
products in order to trace their provenance shall be: 

a) 

the identification number of each lot; 

b) 

the commercial and scientific name of each species; 

c) 

the live weight in kilograms; 

d) 

the date of catching and/or harvesting; 

e) 

f) 

the production unit (name of the fishing vessels, aquaculture site); 

name and address of the suppliers; 

g) 

the gear. 

3. 

Each lot shall be submitted to a specific tagging and/or labelling system containing 
the information referred to in paragraph 2. 

Article 51 
Consumer information 

Member States shall ensure that the information provided for in Article 8 of Regulation (EC) 
No 2065/2001 of 22 October 2001 laying down detailed rules for the application of Council 
regulation  (EC)  No  104/2000  as  regards  informing  consumer  about  fishery  and  aquaculture 
products shall be available at each stage of marketing of the species concerned. The catch area 
referred  to  in  Article  8  of  Regulation  (EC)  No  2065/2001  shall  refer  to  the  sub-area  and 
division or sub-division or, where applicable, to the statistical rectangle in which catch limits 
apply pursuant to Community law. 

Chapter II 
Post-landing activities 

Article 52 
First sale in auction centres 

1. 

Member States shall ensure that the first marketing of all quantities subject to catch 
or effort limits are sold and/or registered at an auction centre to registered buyers. 

37 

OJ L 31, 1.2.2002, p. 1. 

EN 

43 

   EN 

 
                                                 
2. 

3. 

1. 

2. 

3. 

4. 

1. 

2. 

Other  fisheries  products  shall  only  be  sold  at  an  auction  centre  or  to  bodies  or 
persons authorised by Member States. 

The buyer of fisheries products from a fishing vessel at first sale shall be registered 
with  the  authorities  of  the  Member  State  where  the  first  sale  takes  place.  For  the 
purpose of registration, each buyer shall be identified according to his VAT number 
in national databases. 

Article 53 
Weighing of fishery and aquaculture products  

All  registered  buyers  purchasing  fishery  and  aquaculture  products  shall  ensure  that 
all  lots  received  are  weighed  on  scales  approved  by  the  competent  authorities.  The 
weighing shall be carried out prior to the fish being sorted, processed, held in storage 
and transported from the place of landing or resold. 

The figure resulting from the weighing shall be used for the completion of landing 
declarations, sales notes and takeover declarations. 

By way of derogation from paragraph 1, Member States may permit fresh fish to be 
weighed  after  transport  from  the  place  of  landing  provided  that  the  fish  could  not 
have been weighed on landing and provided they are transported to a destination on 
the territory of the Member State that is no more than 20 kilometers from the place of 
landing. 

The competent authorities of a Member State may require that any quantity of fish 
first landed in that Member State is weighed in the presence of officials before being 
transported elsewhere from the place landing. 

Article 54 
Sales notes 

Registered  buyers,  registered  auctions  or  other  bodies  or  persons  which  are 
responsible  for  the  first  marketing  of  fishery  products  landed  in  a  Member  State, 
shall  submit  electronically,  within  2  hours  after  the  first  sale,  a  sales  note  to  the 
competent  authorities  of  the  Member  State  in  whose  territory  the  first  sale  takes 
place. If this Member State is not the flag State of the vessel that landed the fish, it 
shall ensure that a copy of the sales note is submitted to the competent authorities of 
the flag Member State upon receipt of the relevant information. The accuracy of the 
sales note shall be the responsibility of these buyers, auctions, bodies or persons.  

Where  the  first  marketing  of  fishery  products  does  not  take  place  in  the  Member 
State  where  the  products  have  been  landed,  the  Member  State  responsible  for 
monitoring the first marketing shall ensure that a copy of the sales note is submitted 
to  the  authorities  responsible  for  monitoring  the  landing  of  the  products  concerned 
and to the authorities of the flag Member State of the vessel within 2 hours after the 
receipt of the sales note. 

3. 

Where a sales note does not correspond to the invoice or to a document replacing it, 
Member States shall adopt the necessary provisions to ensure that the information on 

EN 

44 

   EN 

 
the  price  excluding  tax  for  deliveries  of  goods  to  the  purchaser  is  identical  to  that 
indicated on the invoice. 

Article 55 
Content of the sales notes  

The sales notes referred to in Article 54 shall contain as a minimum the following data: 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

the Community fleet register number and name of the fishing vessel that has landed 
the products concerned; 

the port and date of landing; 

the name of the vessel's owner or master and, if different, the name of the seller; 

the name of the buyer and his VAT number; 

the  relevant  name  or  FAO  alpha  code  of  each  species  and  its  geographical  origin 
expressed  by  reference  to  a  sub-area  and  division  or  sub-division  in  which  catch 
limits apply pursuant to Community legislation; 

for  all  species  subject  to  marketing  standards, as appropriate, the individual size or 
weight, grade, presentation and freshness; 

where  appropriate,  the  destination  of  products  withdrawn  from  the  market  (carry-
over, use for animal feed, for production of meal for animal feed, for bait or for non-
food purposes);  

the place and the date of the sale; 

where possible, the reference number and date of invoice and where appropriate, the 
sales contract; 

j) 

where applicable, reference to the transport document referred to in Article 58. 

Article 56 
Exemptions from sales notes requirements  

1. 

2. 

The Commission, in accordance with the procedure referred to in Article 111, may 
grant  an  exemption  from  the  obligation  to  submit  the  sales  note  to  the  competent 
authorities  or  other  authorised  bodies  of  the  Member  State  for  fishery  products 
landed  from  certain  categories  of  Community  fishing  vessels  having  an  overall 
length of up to 10 meters or for quantities landed of fishery products not exceeding 
50 kg of live weight equivalent by species. Such exemptions may be granted only in 
cases  where  the  Member  State  in  question  has  installed  an  acceptable  sampling 
system, in accordance with Articles 16 and 22.  

A buyer acquiring products up to an amount of 15 kg which are not thereafter placed 
on  the  market  but  used  only  for  private  consumption  shall  be  exempt  from  the 
requirements of Articles 54 and 55. 

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Article 57 
Take-over declaration 

1. 

Without  prejudice  to  specific  provisions  contained  in  multiannual  plans,  when  the 
products  are  intended  for  sale  at  a  later  stage,  a  take-over  declaration  shall  be 
submitted,  if  possible  by  electronic  means, as soon as possible and not later than 2 
hours  after  completion  of  landing,  to  the  competent  authorities  or  other  authorised 
bodies of the Member State where the take-over takes place. The submission of the 
take-over declaration and its accuracy shall be the responsibility of the holder of this 
declaration. 

2. 

The  take-over  declaration  referred  to  in  paragraph  1  shall  contain  at  least  the 
following information: 

a) 

the  Community  fleet  register  number  and  the  name  of  the  fishing  vessel  that 
has landed the products; 

b) 

the name of the vessel's owner or master; 

c) 

the relevant name or FAO alpha code of each species and its geographical area 
of origin expressed by reference to a sub-area and division or sub-division, or 
where  applicable  statistical  rectangle  in  which  catch  limits  apply  pursuant  to 
Community legislation; 

d) 

the weight of each species, broken down by type of product presentation; 

e) 

f) 

the port and date of landing; 

the name and address of the facilities where the products are stored; 

g)  where  applicable,  reference  to  the  transport  document  specified  to  in  Article 

58. 

Article 58 
Transport document  

1. 

2. 

Fishery products landed into the Community, either unprocessed or after having been 
processed on board, that are transported to a place other than that of landing, shall be 
accompanied by a document drawn up by the transporter until the first sale has taken 
place. The transporter shall submit, if possible by electronic means, within 24 hours 
after the loading, a transport document to the competent authorities of the  Member 
State in whose territory the landing has taken place. 

In  the  event  that  the  products  are  transported  to  a  Member  State  other  than  the 
Member  State  of  landing,  the  transporter  shall  also  transmit  within  24  hours 
following the loading of the fishery products a copy of the transport document to the 
competent  authorities  of  the  Member  State in  whose  territory  the  first  marketing  is 
declared  to  take  place.  The  Member  State  of  first  marketing  may  require  further 
information in this regard from the Member State of landing. 

3. 

The transporter shall be responsible for the accuracy of the document. 

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4. 

The transport document shall indicate: 

a) 

b) 

c) 

the  place  of  destination  of  the  consignment(s)  and  the  identification  of  the 
transport vehicle; 

the name and Community fleet register of the fishing vessel that has landed the 
products; 

the quantities of fish for each species transported in kilograms of processed or 
unprocessed weight, the name(s) and address(es) of the consignee(s), the place 
and date of loading and the geographical origin of each species, expressed by 
reference to a sub-area and division or sub-division in which catch limits apply 
pursuant to Community legislation. 

5. 

6. 

The  competent  authorities  of  Member  States  may  grant  exemptions  from  the 
obligation set out in paragraph 1 if the fishery products are transported within a port 
area or not more than 20 kilometers from the place of landing.  

Where fishery products that have been declared as sold in a sales note are transported 
to  a  location  other  than  the  place  of  landing,  the  transporter  shall  be  able  to  prove 
with a document that a sales transaction has taken place. 

Chapter III 
Producer Organisations And Price And Intervention 
Arrangements 

Article 59 
Monitoring of producer organisations 

1. 

In  accordance  with  Article  6  (1)  of  Regulation  (EC)  No  104/2000,  Member  States 
shall carry out checks at regular intervals to ensure that 

a) 

b) 

c) 

producer organisations comply with the terms and conditions for recognition; 

recognition of a producer organisation may be withdrawn if the conditions set 
out  in  Article  5  of  Regulation  (EC)  No  104/2000  are  no  longer  fulfilled  or  if 
recognition is based on wrong information; 

recognition is immediately withdrawn retroactively if the organisation obtains 
or benefits from recognition by fraudulent means. 

In order to ensure that the rules pertaining to producer organisation as laid down in 
Article 5 and Article 6 (1) (b) of Regulation (EC) No 104/2000 are complied with, 
the  Commission  shall  carry  out  checks  and  in  the  light  of  such  checks  may,  where 
appropriate, request that Member States withdraw recognition. 

Each Member State shall carry out appropriate checks to ensure that each producer 
organisations fulfils the obligations laid down in the operational programme for the 
fishing  year  concerned,  as  referred  to  in  Regulation  (EC)  No  2508/2000  and  shall 

2. 

3. 

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47 

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apply the penalties provided for in Article 9 (3) of Regulation (EC) No 104/2000 in 
the event that those obligations are not fulfilled. 

Article 60 
Monitoring of price and intervention arrangements 

Member  States  shall  carry  out  all  the  checks  regarding  the  price  and  intervention 
arrangements, in particular: 

(a) 

(b) 

(c) 

(d) 

the  withdrawal  of  products  from  the  market  for  purposes  other  than  human 
consumption; 

carry over operations for stabilising, storing and/or processing of products withdrawn 
from the market; 

private storage of products frozen at sea; 

compensatory allowance for tuna intended for processing. 

TITLE VI 
SURVEILLANCE 

Article 61 
Sightings at sea and detection by Member States 

1. 

Member  States  shall  carry  out  surveillance  in  maritime  waters  under  their 
sovereignty or jurisdiction based on 

(a) 

sightings of fishing vessels by inspection vessels or surveillance aircrafts, 

(b) 

a Vessel Detection System as referred to in Article 11. 

2. 

3. 

If the sighting or detection does not correspond to other information available to the 
Member  State,  it  shall  undertake  any  investigations  that  may  be  necessary  to 
determine the appropriate follow-up. 

If  the  sighting  or  detection  refers  to  a  fishing  vessel  of  another  Member  State  or  a 
third country and the information does not correspond to any other information that 
is available to the coastal Member State and if that coastal Member State is not in a 
position  to  undertake  further  action,  it  shall  record  its  findings  in  a  surveillance 
report and shall transmit that report without delay, if possible by electronic means, to 
the flag Member State, or to the third countries concerned. In case of a third country 
vessel,  the  surveillance  report  shall  also  be  sent  to  the  Commission  or  to  a  body 
designated by it. 

4. 

In  the  event  that  an  official  of  a  Member  State  sights  or  detects  a  fishing  vessel 
engaged  in  activities  that  may  be  considered  as  an  infringement  to  the  rules  of  the 

EN 

48 

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5. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

5. 

Common Fisheries Policy, he shall without delay issue a surveillance report and send 
it to their competent authorities 

The  form  of  the  surveillance  report  shall  be  determined  in  accordance  with  the 
procedure referred to in Article 111. 

Article 62 
Action to be taken upon information on sightings and detection 

Flag Member States shall, upon receipt of a surveillance report from another Member 
State,  take  prompt  action  on  it  and  undertake  such  further  investigation  as  is 
necessary to allow them to determine appropriate follow-up. 

Member States other than the flag Member State concerned shall, where appropriate, 
verify  whether  the  sighted  vessel  reported  has  carried  out  activities  in  the  waters 
under  their  jurisdiction  or  sovereignty  or  if  fishery  products  stemming  from  that 
vessel  have  been  landed  or  imported  into  their  territory  and  shall  investigate  its 
record of compliance with relevant conservation and management measures. 

Flag  Member  States,  other  Member  States  and  the  Commission  or  the  body 
designated  by  it  shall  also  examine  suitably  documented  information  regarding 
sighted vessels submitted by individual citizens, civil society organisations, including 
environmental  organisations,  as  well  as  representatives  of  fisheries  or  fish  trade 
stakeholder interests. 

Article 63 
Observers 

Observers  on  board  vessels  shall  monitor  the  fishing  vessel's  compliance  with  the 
rules  of  the  Common  Fisheries  Policy.  They  shall  implement  all  the  tasks  of  an 
observer scheme and in particular verify and record the vessel's fishing activities and 
relevant documents. 

Observers  shall  be  qualified  and  experienced  for  their  tasks.  They  shall  be 
independent of the owner, the master of the vessel and any crew member. They shall 
not be a member of the crew of the vessel. 

As far as possible observers shall ensure that their presence on board fishing vessels 
does not hinder or interfere with the fishing activities and the normal operations of 
the vessel. 

Observers  shall  draw  up  a  surveillance  report  and  forward  it  to  their  authorities 
and/or to the flag State authorities. Member States shall insert the report in the data 
base referred to in Article 69. 

Masters  of  Community  fishing  vessels  shall  provide  adequate  accommodation  for 
assigned observers, facilitate their work and avoid interference with the discharge of 
their  duties.  Masters  shall  provide  observers  access  to  relevant  parts  of  the  vessel, 
including the catch, and to the vessel's documents including electronic files.  

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6. 

7. 

All costs arising from the operation of observers under this Article shall be borne by 
the flag Member States. Member States may charge those costs, in part or in full, to 
the operators of the vessels flying their flags involved in the relevant fishery. 

Detailed rules for the application of this Article may be adopted in accordance with 
the procedure referred to in Article 111. 

Article 64 
Admissibility of surveillance reports  

Surveillance reports drawn up by persons authorised by national and Community authorities 
to  carry  out  surveillance  shall  constitute  admissible  evidence  in  administrative  or  judicial 
proceedings  of  any  Member  State.  For  establishing  facts  they  shall  be  treated  equally  to 
surveillance  reports  of  officials  of  the  Member  State  where  the  administrative  or  judicial 
proceedings  take  place.  Appropriate  follow-up  action  shall  be  taken  on  the  basis  of  those 
reports. 

TITLE VII 
INSPECTION 

Chapter I 
General provisions 

Article 65 
Conduct of inspections  

1. 

2. 

Member  States  shall  set  up  and  keep  up  to  date  a  list  of  officials  responsible  for 
carrying out inspections. 

Officials shall carry out their duties in accordance with Community law. They shall 
conduct inspections in a non-discriminatory manner at sea, in ports, during transport, 
on processing premises and during the marketing of the fish. 

2. 

Officials shall check in particular 

a) 

b) 

the  legality  of  the  catch  kept  on  board,  stored,  transported,  processed  or 
marketed and the accuracy of the documentations relating to it; 

the legality of the fishing gear used for the targeted species and for the catches 
kept on board; 

c) 

if appropriate, the stowage plan and the separate stowage of species and 

d) 

the marking of passive gear. 

3. 

Officials  shall  examine  all  relevant  areas,  decks  and  rooms  where  fishery  products 
are  caught,  stored,  transported,  processed  or  marketed.  They  shall  also  examine 
catches,  processed  or  not,  nets  or  other  gear,  equipment,  containers  and  packages 

EN 

50 

   EN 

 
containing  fish  or  fishery  products  and  any  relevant  documents  which  they  deem 
necessary to verify compliance with the rules of the Common Fisheries Policy. They 
may  also  question  persons  deemed  to  have  information  on  the  matter  that  is  the 
subject of the inspection. 

Officials shall conduct inspections in such manner as to cause the least disturbance or 
inconvenience to the vessel or transport vehicle and its activities, and to the storing, 
processing  and  marketing  of  the  catch.  They  shall,  as  far  as  possible,  prevent  any 
degradation of the catch during the inspection. 

Detailed  rules  for  the  application  of  this  Article,  in  particular  on  the  methodology 
and the conduct of an inspection, shall be adopted in accordance with the procedure 
referred to in Article 111. 

4. 

5. 

Article 66 
Duties of the operator  

The operator shall facilitate the safe access to the vessel, transport vehicle or room where the 
fishery products are stored, processed or marketed. He shall ensure the safety of the officials 
and  shall  not  obstruct,  intimidate  or  interfere  with  the  officials  in  the  performance  of  their 
duties. 

Article 67 
Inspection report 

1. 

2. 

3. 

Officials shall draw up an inspection report after each inspection and shall forward it 
to  their  authorities.  In  case  of  the  inspection  of  a  fishing  vessel  flying  the  flag  of 
another Member State or a third country, a copy of the inspection report shall be sent 
without delay to the flag Member State or the third country authorities concerned. In 
case of an inspection carried out in the waters under the sovereignty or jurisdiction of 
another Member State, a copy of the inspection report shall be sent without delay to 
that Member State. 

The  officials  shall  sign  their  report  in  the  presence  of  the  operator,  who  shall  also 
sign it and have the right to add any comment to it. The officials shall indicate in the 
logbook that an inspection has been made. 

A  copy  of  the  inspection  report  shall  be  handed  over  to  the  vessel  master  or  his 
representative. 

Article 68 
Admissibility of inspection reports  

Inspection reports drawn up by persons authorised by national and Community authorities to 
carry  out  inspections  shall  constitute  admissible  evidence  in  the  administrative  or  judicial 
proceedings of any Member State. In the establishment of facts they shall be treated equally to 
inspection  reports  of  officials  of  the  Member  State  where  the  administrative  or  judicial 
proceedings take place and appropriate follow-up action may be taken on the basis of those 
reports. 

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Article 69 
Electronic database  

Member States shall set up and keep up to date an electronic database where they upload all 
inspection and surveillance reports drawn up by their officials. 

Article 70 
Community inspectors 

1. 

2. 

A  list  of  Community  inspectors  shall  be  established  by  the  Commission  in 
accordance with the procedure referred to in Article 111. Community inspectors shall 
be officials of a Member State or the Commission or the Agency. 

Without  prejudice  to  the  primary  responsibility  of  the  coastal  Member  States, 
Community inspectors shall carry out inspections in accordance with this Regulation 
on the territory of Member States, in Community waters and on Community fishing 
vessels outside Community waters.  

3. 

Community inspectors may be assigned for 

a) 

b) 

the  implementation  of  the  Community  control  and  inspection  programmes 
adopted in accordance with Article 87; 

international fisheries control programmes, where the Community is under an 
obligation to provide for controls. 

Community  inspectors  shall  have  the  same  powers  as  national  inspectors.  While 
performing  their  tasks  and  exercising  their  powers,  Community  inspectors  shall 
comply  with  Community  law  and  the  national  law  of  the  Member  State  where  the 
inspection takes place.  

Detailed rules for the application of this Article shall be adopted in accordance with 
the procedure referred to in Article 111. 

Chapter II 
Inspections outside the waters or the territory of the inspecting 
Member State 

Article 71 
Inspections of vessels outside the waters of the inspecting Member State 

Without  prejudice  to  the  primary  responsibility  of  the  coastal  Member  State,  a 
Member State may inspect fishing vessels flying its flag in all Community waters. 

A  Member  State  may  carry  out  inspections  on  fishing  vessels  of  another  Member 
State  in  accordance  with  this  Regulation  relating  to  fishing  activities  in  all 
Community waters: 

4. 

5. 

1. 

2. 

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52 

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a) 

following authorisation by the coastal Member State concerned, or  

b)  where a  Specific  Community control action  programmes has been adopted in 

accordance with Article 87. 

A Member  State may inspect Community fishing vessels flying the flag of  another 
Member State in international waters. 

A  Member  State  may  inspect  Community  fishing vessels flying  its  own  flag or the 
flag  of  another  Member  State  in  waters  of  third  countries  in  accordance  with 
international agreements. 

Member States shall designate the competent authority which shall act as the contact 
point for the purpose of this Article. The contact point of the Member States shall be 
available 24 hours a day.  

Article 72 
Requests for authorisation 

Requests  for  authorisation  of  a  Member  State  to  carry  out  inspections  on  fishing 
vessels in Community waters outside waters under its sovereignty or jurisdiction , as 
referred  to  in  Article  71(2)(a),  shall  be  decided  by  the  coastal  Member  State 
concerned within 12 hours of the time of the request or within an appropriate delay 
where  the  reason  for  the  request  is  a  hot  pursuit  commenced  in  the  waters  of  the 
inspecting Member State.  

The  requesting  Member  State  shall  be  informed  of  the  decision  without  delay. 
Decisions shall also be communicated to the Commission or the body designated by 
it.  

Requests  for  authorisations  shall  be  denied  in  whole  or  in  part  only  to  the  extent 
necessary  for  compelling  reasons  of  national  security.  Denials  and  the  reasons 
underlying them shall be sent without delay to the requesting Member State and the 
Commission or to the body designated by it. 

3. 

4. 

5. 

1. 

2. 

3. 

Article 73 
Inspections outside the territory of the inspecting Member State 

A Member State may carry out inspections in accordance with this Regulation on the territory 
of another Member State: 

a) 

b) 

following authorisation of the Member State concerned, or 

where  a  Specific  Community  control  action  programmes  has  been  adopted  in 
accordance with Article 87. 

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Chapter III 
Infringements detected in the course of inspections 

Article 74 
Procedure in the event of an infringement 

If  the  information  collected  during  an  inspection  leads  the  official  to  believe  that  an 
infringement of the rules of the Common Fisheries Policy has been committed, he shall: 

a) 

b) 

c) 

d) 

note the suspected infringement in the inspection report; 

take  all  necessary  action  to  ensure  safekeeping  of  the  evidence  pertaining  to  such 
suspected infringement; 

immediately forward the inspection report to his/her competent authority; 

inform  the  natural  person  suspected  of  having  committed  the  infringement  or  who 
was  caught  in  the  act  while  committing  the  infringement,  that  the  infringement 
should entail assignment of appropriate penalty points in accordance with Article 84. 
It shall be noted in the inspection report. 

Article 75 
Infringements detected outside the waters of the inspecting Member State  

If  an  infringement  has  been  detected  as  a  result  of  an  inspection  carried  out  in  accordance 
with  Article  71(2),  the  inspecting  Member  State  shall  immediately  submit  a  summary 
inspection report to the coastal Member State. A full inspection report shall be submitted to 
the coastal and to the flag State within seven days from the time of inspection. 

Article 76 
Enhanced follow-up with regard to certain serious infringements  

1. 

The  flag  Member  State  or  the  coastal  Member  State  in  whose  waters  a  vessel  is 
suspected to have: 

a)  misrecorded  catches  of  more  than  500  kilograms  or  10%,  calculated  as  a 

percentage of the logbook figures, whichever is the greater or to have 

b) 

committed  any  of  the  serious  infringements  as  referred  to  in  Article  42  of 
Regulation (EC) No 1005/2008 within one year of committing the first serious 
infringement, 

shall require the vessel to proceed immediately to a port for a full investigation, in 
addition to the measures referred to in Chapter IX of Regulation (EC) No 1005/2008. 

2. 

The coastal Member State shall immediately and in compliance with its procedures 
under  national  law,  notify  the  flag  Member  State of the investigation referred to in 
paragraph 1.  

EN 

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3. 

4. 

Inspectors may remain on board a fishing vessel until a full investigation as referred 
to in paragraph 1 has been undertaken. 

The  master  of  the  fishing  vessel  referred  to  in  paragraph  1  shall  cease  all  fishing 
activities and proceed to port as required. 

Chapter IV 
Prosecution of infringements detected in the course of inspections 

Article 77 
Prosecution  

Where  an  infringement  of  the  provisions  of  this  Regulation  is  discovered  by  the  competent 
authorities  in  the  course  of  inspection,  the  competent  authorities  of  the  inspecting  Member 
State  shall  take  appropriate  action  in  accordance  with  Title  VIII  against  the  master  of  the 
vessel involved or against any other person responsible for the infringement. 

Article 78 
Transfer of prosecution 

The  inspecting  Member  State  may  also  transfer  prosecution  of  the  infringement  to  the 
competent  authorities  of  the  flag  Member  State  or  the  Member  State  of  registration  or  the 
Member State of which the offender is a citizen so long as this is done, with the agreement of 
the latter Member State and on condition that the transfer is more likely to achieve the result 
referred to in Article 81(2). 

Article 79 
Infringement detected by Community inspectors  

Member  States  shall  undertake  all  necessary  actions  to  prosecute  any  infringement  that  a 
Community inspector has discovered on their territory, in the waters under their sovereignty 
or jurisdiction, or on a vessel flying their flag. 

Article 80 
Corrective measures in the absence of prosecution by the Member State of landing or 
transhipment 

1. 

2. 

If the Member State of landing or transhipment is not the flag Member State and its 
competent  authorities  do  not  take  appropriate  measures  against  the  natural  or  legal 
persons responsible, or do not transfer prosecution in accordance with Article 78, the 
quantities illegally landed or transhipped may be set against the quota allocated to the 
Member State of landing or transhipment. 

The quantities of fish to be set against the quota of the Member State of landing or 
transhipment  shall  be  fixed  in  accordance  with  the  procedure  referred  to  in  Article 
111 after the Commission has consulted the two Member States concerned. 

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3. 

1. 

2. 

3. 

4. 

1. 

2. 

If the Member State of landing or transhipment no longer has a corresponding quota 
at  its  disposal,  Article  28  shall  apply.  To  that  end  the  quantities  of  fish  illegally 
landed  or  transhipped  shall  be  deemed  equivalent  to  the  amount  of  the  prejudice 
suffered, as mentioned in that Article, by the flag Member State. 

TITLE VIII 
ENFORCEMENT 

Article 81 
Measures to ensure compliance 

Member  States  shall  ensure  that  appropriate  measures  are  systematically  taken, 
including  administrative  action  or  criminal  proceedings  in  conformity  with  their 
national law, against the natural or legal persons suspected of a breach of any of the 
rules of the Common Fisheries Policy. 

The  proceedings  initiated  pursuant  to  paragraph  1  shall  be  capable,  in  accordance 
with  the  relevant  provisions  of  national  law,  of  effectively  depriving  those 
responsible  of  the  economic  benefit  of  the  infringements  and  of  producing  results 
proportionate 
thereby  effectively 
the  seriousness  of  such 
discouraging further offences of the same kind. 

infringements, 

to 

Member States may apply a system whereby a fine is proportionate to the turnover of 
the  legal  person,  or  to  the  financial  advantage  achieved  or  envisaged  by  the 
commission of the serious infringement. 

The competent authorities of the Member State having jurisdiction in the event of an 
infringement  shall,  without  delay  and  in  compliance  with  their  procedures  under 
national law, notify the flag Member States, the Member State of which the offender 
holds the citizenship, or any other Member State with an interest in the follow up of 
the  infringement  of  the  criminal  or  administrative  proceedings  or  other  measures 
taken and of any definitive ruling relating to such infringement, including the number 
of points assigned. 

Article 82 
Sanctions for serious infringements 

Member States shall ensure that a natural person having committed or a legal person 
held  liable  for  a  serious  infringement  is  punishable  by  effective,  proportionate  and 
dissuasive  administrative  sanctions,  in  accordance  with  the  range  of  sanctions  and 
measures provided for in Chapter IX of Regulation (EC) No 1005/2008.  

In addition, for all serious infringements which level cannot be linked to the value of 
the fishery products obtained by committing the serious infringement, Member States 
shall ensure that a natural person having committed or a legal person held liable for a 
serious infringement is punishable by an administrative fine of a minimum of at least 
5.000 EUR and a maximum of at least 300.000 EUR for each serious infringement. 
The flag Member State shall be immediately notified of the sanction imposed. 

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56 

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3. 

4. 

5. 

6. 

7. 

In  case  of  a  repeated  serious  infringement  within  a  5  year  period,  a  Member  State 
shall  impose  an  administrative  fine  of  a  minimum  of  at  least  10.000  EUR  and  a 
maximum of at least 600.000 EUR. 

In fixing the amount of the fines the Member States shall also take into account the 
value  of  the  prejudice  to  the  fishing  resources  and  the  marine  environment 
concerned. 

Member  States  in  which  the  Euro  has  not  been  adopted  shall  apply  the  market 
exchange  rate  between  the  Euro  and  their  currency  of  the  last  but  one  day  of  the 
month proceeding the one when the administrative fine is imposed, as published in 
the C series of the Official Journal of the European Union . 

Member States may also, or alternatively, use effective, proportionate and dissuasive 
criminal sanctions. 

The sanctions provided for in this Chapter may be accompanied by other sanctions or 
measures,  in  particular  those  described  in  Article  45  of  the  (EC)  Regulation  No 
1005/2008. 

Article 83 
Immediate enforcement measures 

Member  States  shall  take  immediate  measures  to  prevent  vessels,  natural  or  legal  persons 
found in flagrante delicto while committing a serious infringement, as defined in Article 42 of 
Regulation (EC) No 1005/2008 from continuing to do so. 

Article 84 
Penalty point system  

1. 

2. 

3. 

4. 

5. 

Member States shall apply a penalty point system on the basis of which the holder of 
a  fishing  authorisation  receives  appropriate  penalty  points  as  a  result  of  an 
infringement against the rules of the Common Fisheries Policy. 

When  a  natural  person  has  committed  or  a  legal  person  is  held  liable  for  an 
infringement of the rules of the Common Fisheries Policy, the appropriate number of 
points  shall  be  assigned  to  the  holder  of  the  fishing  authorisation  as  a  result  of  the 
infringement.  The  holder  of  the  fishing  authorisation  shall  be  entitled  to  review 
proceedings in accordance with national law. 

When  the  total  number  of  penalty  points  equals  or  exceeds  a  specified  number  of 
points, the fishing authorisation shall be automatically suspended for a period of at 
least  six  months.  That  period  shall  be  one  year  if  the  fishing  authorisation  is 
suspended  a  second  time  as  a  consequence  of  a  permit  holder  being  assigned  the 
specified number of points. In case of the holder being assigned the specified number 
of points for a third time, the fishing authorisation shall be permanently withdrawn. 

In the event of a serious infringement, the penalty points assigned shall be at least, 
equal to half of the points referred to in paragraph 3.  

If the holder of a suspended fishing authorisation does not commit, within three years 
from the date of the last infringement, another infringement, all points on the fishing 
authorisation shall be deleted. 

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6. 

7. 

1. 

2. 

3. 

Provisions for the application of this Article may be adopted in accordance with the 
procedure referred to in Article 111. 

Member  States  shall  also  establish  a  penalty  point  system  under  which  the  master 
and  the  officers  of  a  vessel  receive  appropriate  penalty  points  as  a  result  of  an 
infringement against the rules of the Common Fisheries Policy committed by them. 

Article 85 
National registers of infringements 

Member States shall register in a national data base all infringements against rules of 
the  Common  Fisheries  Policy,  committed  by  vessels  flying  their  flag  or  by  their 
nationals,  including  the  sanctions  they  incurred  and  the  number  of  points  assigned. 
Infringements  of  vessels  flying  their  flag  or  by  their  nationals  prosecuted  in  other 
Member States shall also be entered by Member States in their national data base on 
infringements, upon notification of the definitive ruling by the Member State having 
jurisdiction, pursuant to Article 82. 

When  prosecuting  an  infringement  against  rules  of  the  Common  Fisheries  Policy, 
Member  States  shall  systematically  request  other  Member  States  to  provide 
information in their national data bases, on the fishing vessels and persons suspected 
of  having  committed  the  infringement  in  question  or  caught  in  the  act  while 
committing the infringement in question. 

Where a Member State requests information from another Member State in relation 
to  the  prosecution  of  an  infringement,  that  other  Member  State  shall  provide  the 
relevant information on the fishing vessels and persons in question. 

TITLE IX 
CONTROL PROGRAMMES 

Article 86 
Common control programmes  

Member  States  may  carry  out,  among  themselves  and  on  their  initiative,  monitoring, 
inspecting and surveillance programmes concerning fisheries activities. 

Article 87 
Specific Community control action programmes 

1. 

2. 

The Commission in accordance with the procedure referred to in Article 111 and in 
concert  with  the  Member  States  concerned  may  determine  which  fisheries  shall  be 
subject to Specific Community control action programmes. 

The Specific Community control action programmes referred to in paragraph 1 shall 
state  the  objectives,  priorities  and  procedures  as  well  as  benchmarks  for  inspection 
activities. Such benchmarks  shall be revised periodically  after  an analysis has  been 
made of the results achieved.  

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3. 

4. 

1. 

2. 

1. 

When  a  multiannual  plan  has  entered  into  force  and  before  a  Specific  Community 
control action programme has become applicable, each Member State shall establish 
risk management based target benchmarks for inspection activities.  

The  Member  States  concerned  shall  adopt  the  necessary  measures  to  ensure  the 
implementation of the Specific Community control action programmes, particularly 
as regards required human and material resources and the periods and zones where 
these are to be deployed.  

Title X 
Evaluation, management and control by the Commission 

Article 88 
Responsibilities of the Commission  

The  Commission  shall  control  and  evaluate  the  application  of  the  rules  of  the 
Common  Fisheries  Policy  by  the  Member  States  by  means  of  the  examination  of 
information and documents and by conducting on-the-spot visits and inspections and 
shall  facilitate  coordination  and  cooperation  between  them.  For  this  purpose  the 
Commission  may,  on  its  own  accord  and  by  its  own  means,  initiate  and  carry  out 
inquiries, audits and inspections. It may in particular verify: 

a) 

b) 

c) 

d) 

e) 

f) 

the  implementation  and  application  of  the  rules  of  the  Common  Fisheries 
Policy by Member States and their competent authorities; 

the  implementation  and  application  of  the  rules  of  the  Common  Fisheries 
Policy  in  the  waters  of  a  third  country  in  accordance  with  an  international 
agreement with that country; 

the  conformity  of  national  administrative  practices  and  inspection  and 
surveillance activities with the rules of the Common Fisheries Policy; 

the  existence  of  the  required  documents  and  their  compatibility  with  the 
applicable rules; 

the circumstances in which control activities are carried out by Member States; 

the detection and prosecution of infringements; 

g) 

the cooperation between Member States. 

The  Commission  shall  issue  written  instructions  to  its  inspectors  indicating  their 
authority and the objectives of their mission. 

Article 89 
Programmed verifications 

Wherever  it  is  deemed  necessary  by  the  Commission,  its  officials  may  be  present 
during control activities carried out by national control authorities. In the framework 
of these missions, the Commission shall establish appropriate contacts with Member 

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2. 

3. 

4. 

5. 

1. 

2. 

1. 

States  with  a  view,  wherever  possible,  to  establish  a  mutually  acceptable  control 
programme.  

If  the  control  and  inspection  operations  envisaged  in  the  framework  of  the  initial 
control  and  inspection  programme  cannot  be  carried  out  for  factual  reasons,  the 
Commission officials, in liaison and agreement with the competent authorities of the 
Member State concerned, shall modify the initial control and inspection programme. 

Wherever  the  Commission  officials  encounter  difficulties  in  the  execution  of  their 
duties, the Member States concerned shall provide the Commission with the means 
to accomplish its task and give the officials the opportunity to evaluate the specific 
control  and  inspection  operations.  Member  States  shall  in  particular  take  all 
necessary steps to ensure that the control and inspection missions are not subject to 
publicity that is harmful to the control and inspection operations. 

In case of sea or air controls and inspections, the commander of the vessel or aircraft 
shall be in sole charge of the operations. In exercising his command he shall take due 
account of the control and inspection programme referred to in paragraph 1. 

The  Commission  may  arrange  for  its  officials  visiting  a  Member  State  to  be 
accompanied  by  one  or  more  officials  from  another  Member  State  as  observers. 
Upon request from the Commission the sending Member State shall nominate, albeit 
at short notice, the national officials selected as observers. Member States may also 
draw up a list of national officials whom the Commission may invite to be present at 
such controls and inspections. The Commission can invite national officials included 
in  that  list  or  those  notified  to  the  Commission  at  its  discretion.  The  Commission 
shall, where appropriate, place the list at the disposal of all the Member States. 

Article 90 
Autonomous verifications 

Commission  inspectors  may,  in  the  context  of  verification  without  prior  notice, 
conduct observations on the implementation of this Regulation. 

During  their  observations,  Commission  officials,  without  prejudice  to  applicable 
Community law, and complying with the rules of procedure provided for in the laws 
of the Member State concerned, shall have access to the relevant files and documents 
and to the public premises and places, vessels and private premises, land and means 
of  transport  where  the  activities  covered  by  this  Regulation  take  place,  in  order  to 
collect data (not containing named references) necessary for the accomplishment of 
their tasks. 

Article 91 
Autonomous inspections  

When there is reason to believe that irregularities occur in the application of the rules 
of the Common Fisheries Policy, in particular in the implementation of multiannual 
plans,  the  Commission  may  carry  out  autonomous  inspections.  The  Member  State 
concerned shall accept the autonomous inspections and shall ensure that the bodies 
or  persons  concerned  accept  to  be  submitted  to  such  inspections.  The  national 

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2. 

3. 

4. 

5. 

authorities of the Member States concerned shall facilitate the work of Commission 
officials. 

Commission officials may carry out inspections on fishing vessels, transport vehicles 
as well as on the premises of businesses and other bodies with activities relating to 
the  Common  Fisheries  Policy.  They  shall  have  access  to  all  information  and 
documents  needed  to  exercise  their  responsibilities.  They  may  in  particular  request 
the presentation of the logbook, landing declarations, catch certificate, transhipment 
declaration,  sales  notes,  business  records  and  other  relevant  documents  from 
fishermen,  fishing  companies  and  companies  transporting,  processing  or  trading  in 
fisheries products. 

Commission officials shall have the same powers as national inspectors. They shall 
present a written authority stating their identity and capacity. In the exercise of their 
duties  on  the  territory  or  in  waters  under  the  jurisdiction  of  a  Member  State,  the 
procedural rules of that Member State shall apply. 

Officials of the Member State concerned shall be given the possibility to be present 
during  the  inspection  and  shall,  at  the  request  of  the  Commission  officials,  assist 
them to carry out their duties. 

All operators may be subject to autonomous inspections where these are considered 
necessary.  Where  undertakings  oppose  an  inspection,  the  Member  State  concerned 
shall  afford  Commission  officials  the  necessary  assistance  including  by  the  police 
authorities, to enable them to carry out the inspection. 

Article 92 
Audit 

The Commission may carry out audits of the control systems of Member States. The audits 
may include in particular the evaluation of: 

a) 

b) 

c) 

d) 

e) 

f) 

the quota and the effort management system; 

data  validation  systems,  including  systems  of  cross-checks  of  Vessel  Monitoring 
Systems, catch, effort and marketing data and data related to the Community fishing 
fleet register as well as the verification of licences, and fishing authorisations; 

the administrative organisation, including the adequacy of the available staff and the 
available means, the training of staff, the delimitation of functions of all authorities 
involved in control as well as the mechanisms in place to coordinate the work and the 
joint evaluation of the results of those authorities; 

the operational systems, including procedures for control of designated ports; 

national  control  programmes  including  the  establishment  of  inspection  levels  and 
their implementation; 

the  national  system  of  sanctions,  including  the  adequacy  of  the  sanctions  imposed, 
duration  of  proceedings,  economic  benefits  forfeited  by  offenders  and  the  deterrent 
nature of such system of sanctions; 

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g) 

designated ports. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

Article 93 
Inspection and audit reports 

The  Commission  shall  inform  the  Member  States  concerned  of  the  findings  of 
autonomous  verifications  and  of  autonomous  inspections  within  one  day  after  they 
have taken place. 

Commission inspectors shall draw up an inspection report after each inspection. The 
report shall be made available to the Member State concerned within one month after 
the  conclusion  of  the  inspection.  Member  States  shall  have  the  possibility  to 
comment on the findings of the report. 

The Commission shall draw up an audit report after each audit. The report shall be 
made  available  to  the  Member  State  concerned  within  one  month  after  the  audit. 
Member States shall have the possibility to comment on the findings of the report. 

Member States shall take the necessary action on the basis of the report referred to in 
paragraph 2 and 3. 

The  Commission  may  publish  the  inspection  and  audit  reports,  together  with  the 
comments of the Member State concerned, on the secure part of its official website. 

Article 94 
Follow-up of inspection and audit reports 

Member  States  shall  provide  the  Commission  with  such  information  as  it  may 
request  on  the  implementation  of  this  Regulation.  In  submitting  a  request  for 
information, the Commission shall specify a reasonable time limit within which the 
information is to be supplied. 

If the Commission considers that irregularities have occurred in the implementation 
of  the  rules  of  the  Common  Fisheries  Policy  or  that  the  existing  control  provisions 
and methods in particular Member States are not effective it shall inform the Member 
States  concerned,  which  shall  then  conduct  an  administrative  inquiry  in  which 
Commission inspectors may participate. 

The  Member  States  concerned  shall  inform  the  Commission  of  the  results  of  the 
inquiry  and  forward  a  report  to  the  Commission  drawn  up  not  more  than  three 
months  after  the  Commission's  request.  This  period  may  be  extended  by  the 
Commission,  on  a  duly  reasoned  request  from  the  Member  State,  for  a  reasonable 
delay. 

If the administrative inquiry referred to in paragraph 2 does not lead to the removal 
of  the  irregularities  or  if  the  Commission  identifies  shortcomings  in  the  control 
system of a Member State during the inspections referred to in Articles 89, 90 and 91 
or in the audit referred to in Article 92, the Commission shall establish an action plan 
with  that  Member  State.  The  Member  State  shall  take  all  necessary  measures  to 
implement this action plan. 

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TITLE XI 
 MEASURES TO ENSURE COMPLIANCE BY MEMBER 
STATES Of COMMON FISHERIES POLICY OBJECTIVES 

Chapter I 
Financial Measures 

Article 95 
Suspension and cancellation of Community financial assistance 

1. 

The Commission may decide to suspend for a maximum period of eighteen months 
all  or  part  of  the  payments  of  the  Community  financial  assistance  under  Council 
Regulation  (EC)  No  1198/2006  and  Article  8,  paragraph  a,  of  Council  Regulation 
(EC) No 861/2006 where there is evidence that: 

a) 

b) 

the provisions of this Regulation have not been complied with as a result of an 
action  or  omission  directly  attributable  to  the  Member  State  concerned,  and 
that  

this may lead to a serious threat to the conservation of living aquatic resources 
or the effective operation of the Community control and enforcement system; 

and where the Commission concludes, on the basis of the information available and, 
as  appropriate,  after  examination  of  the  Member  State's  explanations,  that  the 
Member  State  concerned  has  not  taken  adequate  measures  to  remedy  the  situation 
and is not in a position to do so in the immediate future. 

Where,  during  the  period  of  suspension,  the  Member  State  concerned  still  fails  to 
demonstrate  that  it  has  taken  remedial  action  to  ensure  compliance  with  and  the 
enforcement of applicable rules in the future or that there is no serious risk that the 
future effective operation of the Community control and enforcement system will be 
impaired,  the  Commission  may  cancel  all  or  part  of  the  Community  financial 
assistance  the  payment  of  which  was  suspended  pursuant  to  paragraph  1.  Such 
cancellation shall only be made after the corresponding payment has been suspended 
for 12 months. 

Before taking the measures referred to in paragraphs 1 and 2, the Commission shall 
inform in writing the Member State concerned of its findings relating to failures in 
the  control  system  of  the  Member  State  and  its  intention  to  adopt  the  decision 
referred  to  paragraph  1  or  2,and  shall  request  it  to  take  remedial  action  within  a 
period  to  be  determined  by  the  Commission  according  to  the  gravity  of  the 
infringement, which shall not be less than one month.  

If the Member State fails to reply to the letter referred to in paragraph 3 within the 
period to be determined in accordance with that paragraph, the Commission may take 
the decision referred to in paragraph 1 or 2 on the basis of the information available 
at that time.  

2. 

3. 

4. 

EN 

63 

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5. 

6. 

7. 

8. 

The  percentage  by  which  payments  may  be  suspended  or  cancelled  shall  be 
proportionate  to  the  nature  and  importance  of  the  Member  State's  non-compliance 
with  applicable  rules  on  conservation,  control,  inspection  or  enforcement  and  the 
gravity  of  the  threat  to  the  conservation  of  living  aquatic  resources  or  the  effective 
operation  of  the  Community  control  and  enforcement  system.  It  shall  take  into 
account,  and  be  limited  by,  the  relative  share  of  the  fishery  and  fishery-related 
activities,  to  which  non-compliance  relates,  within  the  measures  financed  by  the 
financial assistance referred to in paragraph 1. 

Decisions  under  this  Article  shall  be  taken  with  due  regard  to  all  relevant 
circumstances and in such a way that a real economic link exists between the subject 
matter of the compliance failure and the measure to which the suspended payment or 
cancelled Community financial assistance relates. 

A suspension shall be discontinued if the conditions laid down in paragraph 1 are no 
longer met. 

Detailed rules for the application of this Article shall be adopted in accordance with 
the procedure referred to in Article 111. 

Chapter II 
Closure of fisheries 

Article 96 
Closure of fisheries for failure to comply with the objectives of the Common Fisheries Policy 

1. 

2. 

3. 

5. 

Where a Member State does not respect its obligations for the implementation of a 
multiannual  plan,  and  where  the  Commission  has  reasons  to  believe  that  the  non 
respect  of  those  obligations  is  particularly  detrimental  to  the  stock  concerned,  the 
Commission may provisionally close the fisheries affected by those shortcomings. 

The Commission shall inform in writing the Member State concerned of its findings 
and  set  a  deadline  of  no  more  than  10  working  days  for  the  Member  State  to 
demonstrate that the fisheries can be safely exploited. 

The measures referred to in paragraph 1 shall only apply if the Member State fails to 
respond to this request of the Commission within the deadline given in paragraph 2 
or if the response is considered unsatisfactory or is clearly indicative of the fact that 
the necessary measures have not been implemented. 

The  Commission  shall  lift  the  closure  after  the  Member  State  has  demonstrated  in 
writing,  to  the  satisfaction  of  the  Commission  that  the  fisheries  can  be  safely 
exploited. 

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Chapter III 
Deduction and transfers of quotas 

Article 97 
Deduction of quotas 

1. 

When the Commission has established that a Member State has overfished its quota, 
allocation  or  share  of  a  stock  or  a  group  of  stocks  available  to  it  the  Commission 
shall  operate  deductions  in  the  following  year  or  years  from  the  annual  quota, 
allocation  or  share  of  the  Member  State  which  has  overfished  by  applying  a 
multiplying factor according to the following table: 

Extent of overfishing relative to the permitted landings  Multiplying factor 

Up to 5% 

Over 5% up to 10 % 

Over 10% up to 20% 

Over 20% up to 40% 

Over 40% up to 50% 

Overfishing * 1.0 

Overfishing * 1.1 

Overfishing * 1.2 

Overfishing * 1.4 

Overfishing * 1.8 

Any further overfishing greater than 50% 

Overfishing * 2.0 

2. 

3. 

If a Member State has repeatedly overfished its quota, allocation or share of the stock 
or  group  of  stocks  over  the  previous  two  years,  if  the  overfishing  is  particularly 
detrimental to the stock concerned or if the stock is subject to a multiannual plan, the 
multiplying factor referred to in paragraph 1 shall be doubled. 

If a Member State takes catches from a stock subject to a quota for which it has no 
quota,  allocation  or  share  of  a  stock  or  a  group  of  stocks  available  to  it,  the 
Commission  may  deduct  in  the  following  year  or  years  quotas  for  other  stocks  or 
groups of stocks available to that Member State in accordance with paragraph 1. 

Article 98 
Deduction of quotas for failure to comply with the objectives of the Common Fisheries Policy 

1. 

Where  there  is  evidence  that  rules  on  conservation,  control,  inspection  or 
enforcement under the Common Fisheries Policy are not  being complied  with  by a 
Member State and that this may lead to a serious threat to the conservation of living 
aquatic  resources  or  the  effective  operation  of  the  Community  control  and 
enforcement  system,  the  Commission  may  operate  deductions  from  the  annual 
quotas, allocations or shares of a stock or group of stocks available to that Member 
State. 

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2. 

3. 

4. 

The Commission shall inform in writing the Member State concerned of its findings 
and  set  a  deadline  of  no  more  than  10  working  days  for  the  Member  State  to 
demonstrate that the fisheries can be safely exploited. 

The measures referred to in paragraph 1 shall only apply if the Member State fails to 
respond to this request of the Commission within the deadline given in paragraph 2 
or if the response is considered unsatisfactory or is clearly indicative of the fact that 
the necessary measures have not been implemented. 

Detailed rules for the application of this article, and in particular for determining the 
quantities concerned, shall be adopted in accordance with the procedure referred to in 
Article 111. 

Article 99 
Refusal of quota transfers  

The  Commission  may  deny  the  transfer  of  quotas  for  stocks  of  a  Member  State  to  the 
following year in accordance with Article 3 of Council Regulation (EC) No 847/96 of 6 May 
1996 introducing additional conditions for year-to-year management of TACs and quotas if: 

a) 

b) 

c) 

the quota to be transferred has been overfished by the Member State concerned 
in any one of the immediately preceding two years or 

the  quota  refers  to  a  stock  that  is  under  a  multiannual  plan  or  is  caught  in 
association  with  a  stock  under  a  multiannual  plan  and  there  has  been  an 
overfishing  of  that  quota  or  of  quotas  for  stocks  under  a  multiannual  plan  in 
association with which that stock is caught, by the fleet of that Member State in 
one of the immediately preceding five years or 

the  Member  State  concerned  does  not  take  appropriate  measures  to  ensure  a 
proper  management  of  the  fishing  opportunities  of  the  stocks  concerned,  in 
particular by not operating a computerized validation system as referred to in 
Article  102  or  by  insufficiently  operating  the  systems  providing  the  data  for 
this validation system. 

Article 100 
Refusal of quota exchanges  

The  Commission  may  exclude  the  possibility  to  exchange  quotas  according  to  Article  20 
paragraph 5 of Regulation (EC) No 2371/2002: 

a) 

b) 

for quotas for which there was an overfishing of more than 10% of the quotas 
available  to  one  of  the  Member  State  concerned  in  one  of  the  immediately 
preceding two years or 

if the Member State concerned does not take appropriate measures to ensure a 
proper  management  of  the  fishing  opportunities  of  the  stocks  concerned,  in 
particular by not operating a computerized validation system as referred to in 
Article  102  or  by  insufficiently  operating  the  systems  providing  the  data  for 
this validation system. 

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Chapter IV Emergency measures 

Article 101 
Emergency measures 

1. 

If there is evidence, including based on the results of the sampling carried out by the 
Commission,  that  fishing  activities  and/or  measures  adopted  by  a  Member  State  or 
Member States undermine the Common Fisheries Policy or threaten the marine eco-
system  and  this  requires  immediate  action,  the  Commission,  at  the  substantiated 
request  of  any  Member  State  or  on  its  own  initiative,  may  decide  on  emergency 
measures which shall last not more than one year. The Commission may take a new 
decision to extend the emergency measures for no more than six months. 

2. 

The  emergency  measures  provided  for  in  paragraph  1  shall  be  proportionate  to  the 
threat and may include, inter alia: 

a) 

suspension of fishing activities of vessels flying the flag of the Member States 
concerned; 

b) 

closure of fisheries; 

c) 

d) 

e) 

f) 

g) 

prohibition  for  Community  operators  to  accept  landings,  placing  in  cages  for 
fattening  or  farming,  or  transhipments  of  fish  and  fishery  products  caught  by 
the vessels flying the flag of the Member States concerned; 

prohibition  to  place  on  the  market  or  use  for  other  commercial  purposes  fish 
and fishery products caught by the vessels flying the flag of the Member States 
concerned; 

prohibition  of  provision  of  live  fish  for  fish  farming  in  the  waters  under  the 
jurisdiction of the Member States concerned; 

prohibition to accept live fish caught by vessels flying the flag of the Member 
State  concerned  for  the  purposes  of  fish  farming  in  waters  under  the 
jurisdiction of the other Member States; 

prohibition for fishing vessels flying the flag of the Member State concerned to 
fish in waters under the jurisdiction of other Member States; 

h)  modification of the fishing data submitted by Member States in an appropriate 

way. 

3. 

4. 

A  Member  State  shall  communicate  the  request  referred  to  in  paragraph  1 
simultaneously  to  the  Commission  and  to  the  Member  States  concerned.  The  other 
Member  States  may  submit  their  written  comments  to  the  Commission  within  five 
working days of receipt of the request. The Commission shall take a decision within 
15 working days of receipt of the request. 

The emergency measures shall have immediate effect. They shall be notified to the 
Member  States  concerned  and  published  in  the  Official  Journal  of  the  European 
Union. 

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5. 

6. 

1. 

2. 

3. 

4. 

5. 

The  Member  States  concerned  may  refer  the  Commission  decision  to  the  Council 
within 10 working days of receipt of the notification. 

The Council, acting by qualified majority, may take a different decision within one 
month of the date of receipt of the referral. 

TITLE XII 
DATA AND INFORMATION 

Chapter I 
Analysis And Audit Of Data 

Article 102 
General principles for the analysis of data 

Member States shall check the accuracy of all data recorded in accordance with this 
Regulation, and the respect of deadlines for the submission of data in order to ensure 
compliance with obligations laid down in the field of the Common Fisheries Policy. 
For that purpose Member States shall establish a computerised validation system that 
includes in particular: 

a) 

b) 

c) 

procedures for checking the quality of all data recorded in accordance with this 
Regulation; 

cross-checks, analysis and verification of all data recorded in accordance with 
this Regulation; 

procedures  for  checking  compliance  with  deadlines  for  the  submission  of  all 
data recorded in accordance with this Regulation. 

The validation system shall allow the immediate identification of inconsistencies of 
related data and their consequent follow-up. 

Member States shall set up a computerized database for the purpose of the validation 
system  referred  to  in  paragraph  1,  having  regard  to  the  data  quality  principle  is 
applicable to computerized databases. 

Member States shall ensure that the database provides information on the follow-up 
of inconsistencies, allows the identification of fishing vessels or operators for which 
inconsistencies  of  data  were  repeatedly  found,  and  permits  the  correction  of  wrong 
data entries. In such a case, Member States shall clearly identify the data that were 
corrected and the reason for such a correction.  

If  data  referred  to  in  paragraph  1  are  not  transmitted  by  electronic  means  Member 
States shall ensure that they are entered manually into the database without delay. 

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6. 

7. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

Member  States  shall  continuously,  systematically  and  thoroughly  validate  all  data 
referred  to  in  paragraph  1  on  the  basis  of  automated  computerised  algorithms  and 
mechanisms, in particular by means of data cross-checking. 

If  an  inconsistency  of  related  data  has  been  identified  the  Member  State  shall 
undertake  the  necessary  investigations  and,  if  there  are  reasons  to  suspect  that  an 
infringement has been committed, take the necessary action. 

Article 103 
Communication of data 

For  the  purpose  of  the  verification  of  the  completeness  and  the  quality  of  the  data 
referred to in Article 102, Member States shall ensure that the Commission has direct 
real  time  access  at  any  time  without  prior  notice,  to  the  computerised  database 
referred  to  in  Article  102.  The  Commission  shall  be  given  the  possibility  to 
download these data for any period or for any number of vessels. 

Inconsistencies  detected  by  the  validation  system  and  the  follow-up  of  such 
inconsistencies shall be connected to the relevant data in such a way that, when the 
information on the secure part of the official website provided for in Article 106 is 
queried, such detected inconsistencies and the follow-up can be traced. Dates for data 
receipt,  data  entry  and  data  validation,  as  well  as  follow-up  data,  shall  be  clearly 
visible. 

The data of the validation system made available on the official website provided for 
in Article 106 shall be updated in real-time. 

If the Commission has identified inconsistencies in the data entered in the validation 
system of the Member State as a result of its own investigations, it may require the 
Member State to correct these data, and shall inform the other Member States. 

Detailed  rules  for  the  application  of  this  Chapter,  in  particular  for  establishing  a 
standardised  format  for  the  download  of  data  referred  to  in  Article  102,  shall  be 
adopted in accordance with the procedure referred to in Article 111. 

Chapter II 
Confidentiality of data 

Article 104 
Protection of personal data 

Member  States  and  the  Commission  shall  ensure  that  all  applicable  provisions  laid 
down in Regulation (EC) No 45/2001 and Directive 95/46/EC are respected. 

The  names  of  natural  persons  shall  not  be  communicated  to  the  Commission  or  to 
another  Member  State  except  in  the  case  where  such  communication  is  expressly 
provided for in this Regulation or if it is necessary for the purposes of preventing or 
pursuing  infringements  or  the  verification  of  apparent  infringements.  The  data 

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referred  to  in  paragraph  1  shall  not  be  transmitted  unless  they  are  aggregated  with 
other  data  in  a  form,  which  does  not  permit  the  direct  or  indirect  identification  of 
natural persons. 

Article 105 
Confidentiality and professional and commercial secrecy 

Member States and the Commission shall take all necessary steps to ensure that the 
data collected and received within the framework of this Regulation shall be treated 
in a confidential manner and shall respect all rules on professional and commercial 
secrecy of data.  

The  data  exchanged  between  Member  States  and  the  Commission  shall  not  be 
transmitted to persons other than those in Member States or Community institutions 
whose  functions  require  them  to  have  such  access  unless  the  Member  States 
transmitting the data give their express consent.  

The data referred to in paragraph 1 shall not be used for any purpose other than that 
provided  for  in  this  Regulation  unless  the  authorities  providing  the  data  give  their 
express consent for the use of the data for other purposes and on condition that the 
provisions  in  force  in  the  Member  State  of  the  authority  receiving  the  data  do  not 
prohibit such use or communication. 

Data  communicated  in  the  framework  of  this  Regulation  to  persons  working  for 
competent  authorities,  courts,  other  public  authorities  and  the  Commission  or  the 
body designated by it, the disclosure of which would undermine: 

a) 

b) 

the protection of the privacy and the integrity of the individual, in accordance 
with Community legislation regarding the protection of personal data, 

the  commercial  interests  of  a  natural  or  legal  person,  including  intellectual 
property, 

c) 

court proceedings and legal advice or 

d) 

the scope of inspections or investigations, 

shall be permitted only if it is necessary to bring about the cessation or prohibition of 
an  infringement  of  the  rules  of  the  Common  Fisheries  Policy  and  the  authority 
communicating the information consents to its disclosure.  

Such  data  shall  benefit  from  the  same  protection  accorded  to  similar  data  by  the 
national  legislation  of  Member  State  receiving  them  and  by  the  corresponding 
provisions applicable to Community institutions. 

Paragraphs 1 to 6 shall not be construed as obstacles to the use of the data, obtained 
by  virtue  of  this  Regulation,  in  the  framework  of  legal  actions  or  proceedings 
subsequently  undertaken  for  failure  to  respect  the  rules  of  the  Common  Fisheries 
Policy. The competent authorities of the Member State transmitting the data shall be 
informed of all the instances where the said data are utilised for these purposes. 

1. 

2. 

3. 

4. 

5. 

6. 

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7. 

This Article shall not prejudice the obligations pursuant to international conventions 
concerning mutual assistance in criminal matters. 

Chapter III 
Official websites 

Article 106 
Official websites 

1. 

2. 

For the purpose of this Regulation each Member State shall set up by 1 June 2010 at 
the  latest  an  official  website  accessible  via  Internet  and  containing  the  information 
listed  in  Articles  107 and  108. The  website shall follow the guidelines of the 'Web 
Accessibility  Initiative'.  Member  States  shall  communicate  the  Internet  address  of 
their  official  website  to  the  Commission.  The  Commission  may  decide  to  develop 
common standards and procedures to ensure transparent communication between the 
Member  States  themselves  as  well  as  between  the  Member  States,  the  Agency  and 
the  Commission,  including  transmission  of  regular  snapshots  on  records  of  fishing 
activities in relation to fishing possibilities. 

Each Member State's official website shall be composed of a public accessible part 
and a secure part. On that website each Member State shall establish, maintain and 
keep  up  to  date  the  data  necessary  for  control  purposes  in  accordance  with  this 
Regulation. 

Article 107 
The public accessible part of the website  

1. 

On  the  public  accessible  part  of  their  website  Member  States  shall  publish  without 
delay 

a) 

b) 

c) 

d) 

the  names  and  addresses  of  the  competent  authorities  responsible  for  issuing 
fishing licences, and fishing authorisations referred to in Article 7; 

the  list  of  designated  ports  for  the  purpose  of  transhipment  specifying  their 
operating hours, as referred to in Article 18; 

one  month  after  entry  into  force  of  a  multiannual  plan,  and  after  approval  by 
the Commission, the list of designated ports, specifies their operating hours as 
referred  to  in  Article  34,  and  within  30  days  thereafter,  the  associated 
conditions  for  recording  and  reporting  the  quantities  of  the  species  under  the 
multiannual plan for each landing; 

the contact point details for the transmission or submission of logbooks, prior 
notifications, transhipment declarations, landing declarations, sales notes, take 
over declarations and transport documents as referred to in Articles14, 17, 18, 
21, 54, 57 and 58; 

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e) 

a  map  with  the  coordinates  of  the  area  of  temporary  real  time  closures  as 
referred  to  in  Article  45,  specifying  the  duration  of  the  closure  and  the 
conditions governing fisheries in that specific closed area; 

f) 

the decision to close a fishery under Articles 26 and all necessary details. 

Article 108 
The secure part of the website 

1. 

On  the  secure  part  of  the  website  each  Member  State  shall  establish,  maintain  and 
keep up to date the following lists and data bases: 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

the lists of officials in charge of inspections as referred to in Article 65; 

the electronic data base for the treatment of inspection and surveillance reports 
established by the officials as referred to in Article 69; 

the  Vessel  Monitoring  System  computer  files  recorded  by  its  Fisheries 
Monitoring Centre as referred to in Article 9; 

the  electronic  data  base  containing  the  list  of  all  fishing  licences,  and  fishing 
authorisations issued and managed in accordance with this Regulation, with a 
clear indication of the conditions set out and the information on all suspensions 
and withdrawals; 

the electronic data base containing all relevant data on fishing opportunities as 
referred to in Article 23; 

the  electronic  data  base  containing  all  infringements  of  rules  of  the  Common 
Fisheries Policy including the sanctions they incurred, relating to vessels flying 
its flag and to its nationals as referred to in Article 85; 

the electronic data base for the purpose of the verification of the completeness 
and the quality of the data collected as referred to in Article 102. 

On  the  secure  part  of  its  website  each  Member  State  shall  establish  a  national 
fisheries related information system, which allows for the direct electronic exchange 
of information with other Member States, the Commission or the body designated by 
it as referred to in Article 109. 

For the secure part of its website, each Member State shall provide remote access to 
the Commission and the body designated by it. The Member State shall grant access 
to  Commission  officials  based  on  electronic  certificates  generated  by 
the 
Commission or the body designated by it. 

The data contained in the secure parts of the websites shall be made available only 
for  specific  users  authorised  to  that  effect  by  either  the  Member  States  or  the 
Commission or the body designated by it. The data accessible to these persons shall 
be  limited  to  the  data  they  need  in  order  to  carry  out  their  tasks  and  activities  of 
ensuring compliance with the rules of the Common Fisheries Policy and thus shall be 
bound by the rules governing the confidentiality of the use of such data.  

2. 

3. 

4. 

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72 

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5. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

1. 

2. 

The data contained in the secure parts of the website shall only be stored for as long 
as necessary for the purpose of this Regulation, but always for a minimum of three 
calendar  years,  starting  from  the  year  following  that  in  which  the  information  is 
recorded. 

TITLE XIII 
IMPLEMENTATION 

Article 109 
Administrative cooperation of Member States 

The authorities responsible for the implementation of this Regulation in the Member 
States  shall  cooperate  with  each  other,  with  authorities  of  third  countries,  with  the 
Commission  and  the  body  designated  by  it  in  order  to  ensure  compliance  with  this 
Regulation. 

To this end, a system of mutual assistance shall be established, which shall include 
rules on the exchange of information upon prior request or on a spontaneous basis. 
An automated information system via national databases, shall also be established.  

Detailed rules for the application of this Article shall be adopted in accordance with 
the procedure referred to in Article 111. 

Article 110 
Reporting obligations 

Every  four  years,  Member  States  shall  transmit  a  report  to  the  Commission  on  the 
application of this Regulation. 

On the basis of the reports submitted by the Member States and its own observations, 
the  Commission  shall  draw  up  a  report  every  five  years  to  be  submitted  to  the 
Council and the European Parliament. 

An evaluation of the impact of this Regulation on the Common Fisheries Policy shall 
be  undertaken  by  the  Commission  5  years  after  the  entry  into  force  of  this 
Regulation. 

Member States shall transmit to the Commission a report stating the rules that have 
been used from the basic data for producing reports. 

Article 111 
Committee procedure 

The  Commission  shall  be  assisted  by  the  Committee  set  up  under  Article  30  of 
Regulation (EC) No 2371/2002. 

Where reference is made to this Article, Articles 4 and 7 of Decision 1999/468/EC 
shall apply. 

EN 

73 

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3. 

The  period  laid  down  in  Article  4(3)  of  Decision  1999/468/EC  shall  be  set  at  one 
month. 

Article 112 
Amendments to Council Regulation (EC) No 768/2005 

Council Regulation (EC) No 768/2005 is hereby amended as follows: 

1. 

In Article 3, the following point is added: 

'(i)  to  assist  in  the  uniform  implementation  of  the  control  system  of  the  Common 

Fisheries Policy, including in particular: 

- organisation of operational coordination of control activities by Member States for 
the implementation of specific control programmes, IUU control programmes 
and international control programmes; 

-  the  carrying  out  of  audits  of  national  control  systems  and  cooperation  between 
Member States related to their control systems, being assisted by high national 
authorities or independent qualified entities; 

- inspections as necessary to fulfil its tasks.' 

2. 

In Article 5 

a) paragraph 1 is replaced by the following: 

'1.  Operational  coordination  by  the  Agency  shall  cover  control  of  all  activities 

covered by the Common Fisheries Policy: 

(b) the following paragraph is added: 

'3.  For  the  purpose  of  enhanced  operational  coordination  between  Member 
States,  the  Agency  may  establish  operational  plans  with  the  Member  States 
concerned and coordinate their implementation.'  

3. 

Article 7 is replaced by the following: 

'Article 7 
Assistance to the Commission and the Member States 

The Agency shall assist the Commission and the Member States for the purpose of ensuring a 
high,  uniform  and  effective  fulfilment  of  their  obligations  under  the  rules  of  the  Common 
Fisheries  Policy  including  the  fight  against  IUU  fishing  and  in  their  relations  with  third 
countries. The Agency shall in particular: 

a) 

establish  and  develop  a  core  curriculum  for  the  training  of  the  instructors  of  the 
fisheries  inspectorate  of  the  Member  States  and  provide  additional  training  courses 
and seminars to those inspectors and other personnel involved in control activities; 

EN 

74 

   EN 

 
 
b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

j) 

establish  and  develop  a  core  curriculum  for  the  training  of  Community  inspectors 
before their first deployment and provide updated additional training and seminars on 
a regular basis to those inspectors;  

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

draw up joint operational procedures in relation to joint control 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. 

conduct  risk  analysis  on  the  basis  of  the  fisheries  data  on  catches,  landings  and 
fisheries  effort,  as  well  as  risk  analysis  of  unreported  landings  including  inter  alia 
comparing  data  on  catches  and  imports  with  data  on  exports  and  on  national 
consumption; 

on  request  from  the  Commission  or  of  Member  States  develop  common  inspection 
methodologies and procedures; 

assist  Member  States  to  comply  with  their  and  the  Community's  and  their  other 
international obligations including the fight against IUU fishing and those arising in 
the framework of Regional Fisheries Management Organisations; 

promote and coordinate the development of uniform risk management methodologies 
in the field of its competence; 

coordinate and promote cooperation between Member States and common standards 
for the development of sampling plans defined in Community legislation.' 

In Council Regulation (EC) No 768/2005, the following chapter shall be inserted: 

‘Chapter IIIa Competences of the Agency 

Article 17a 
Inspections of Member States 

1. 

Without  prejudice  to  the  enforcement  powers  conferred  by  the  Treaty  on  the 
Commission, the Agency shall assist the Commission for the purpose of evaluating 
and  controlling  the  application  of  the  rules  of  the  Common  Fisheries  Policy  by  the 
Member  States.  The  Agency  may  undertake  inspections  of  public  authorities  and 
private operators in the Member States. For this purpose it may, in compliance with 
the legal provisions of the Member State concerned, 

a) 

examine relevant records, data, procedures and any other relevant material; 

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75 

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b) 

take  copies  of  or  extracts  from  such  records,  data,  procedures  and  other 
material; 

c) 

ask for an on the spot explanation ; 

d) 

enter any relevant premises or means of transport. 

2. 

3. 

4. 

5. 

The officials of the Agency shall produce written authority stating their identity and 
capacity.  The  Agency  shall  inform  the  Member  State  concerned  of  the  planned 
inspection  and  the  names  of  the  officials  within  a  reasonable  time  before  the 
inspection. 

The Member State concerned shall accept such inspections and shall ensure that any 
bodies or persons concerned shall also accept such inspections. 

Where an operator opposes such inspection, the Member State concerned shall afford 
the necessary assistance to officials authorised by the Agency to enable them to make 
their inspection. 

Reports  drawn  up  in  fulfilment  of  this  Article  shall  be  sent  to  the  Member  State 
concerned and to the Commission. 

Article 17b 
Agency measures 

The Agency shall, where appropriate: 

a) 

b) 

c) 

d) 

e) 

1. 

2. 

issue manuals on harmonised standards of inspections; 

develop guidance material reflecting the best practices in the field of control of the 
Common Fisheries Policy, including on the training of control officials, and update 
this on a regular basis; 

monitor  the  overall  functioning  of  the  control  of  the  Common  Fisheries  Policy 
control, including in individual Member  States. This  may include visits to Member 
States;  

provide the Commission with the  necessary technical and administrative support to 
carry out its tasks; 

monitor the level and quality of training of national officials and national means of 
control.  

Article 17c 
Cooperation 

The  Member  States  and  the  Commission  shall  cooperate  with  and  afford  the 
necessary assistance to the Agency for the accomplishment of its mission. 

With  due  regard  to  the  different  legal  systems  in  the  individual  Member  States  the 
Agency  shall  facilitate  cooperation  between  Member  States  and  between  them  and 

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the  Commission  in  the  development  of  harmonised  standards  for  control  in 
accordance  with  Community  legislation  and  taking  into  account  best  practices  in 
Member States and agreed international standards. 

Article 17d 
Emergency unit 

Where  the  Commission,  on  its  own  initiative  or  at  the  request  of  a  number  of 
Member States, identifies a situation involving a direct, indirect or potential serious 
risk to the Common Fisheries Policy, and the risk cannot be prevented, eliminated or 
reduced  by  existing  means  or  cannot  adequately  be  managed,  the  Agency  shall  be 
immediately notified. 

The Agency acting upon such notification or on its own initiative shall immediately 
set up an emergency unit and inform the Commission thereof. 

Article 17e 
Tasks of the emergency unit 

The  emergency  unit  formed  by  the  Agency  shall  be  responsible  for  collecting  and 
evaluating all relevant information and identifying the options available  to  prevent, 
eliminate  or  reduce  the  risk  to  the  Common  Fisheries  Policy  as  effectively  and 
rapidly as possible. 

The  emergency  unit  may  request  the  assistance  of  any  public  authority  or  private 
person whose expertise it deems necessary to respond to the emergency effectively. 

The Agency shall make the necessary coordination for undertaking an adequate and 
timely response to the emergency. 

The emergency unit shall, where appropriate, keep the public informed of the risks 
involved and the measures taken. 

Article 17f 
Multiannual work programme 

The  multiannual  work  programme  of  the  Agency  shall  establish  its  overall 
objectives, mandate, tasks, performance indicators and the priorities for each action 
of the Agency over a 5 year period. It shall include a presentation of the staff policy 
plan  and  an  estimation  of  budget  appropriations  to  be  made  available  for  the 
achievement of the objectives for that 5 year period. 

The multiannual work programme shall be presented according to the Activity-Based 
Management  system  and  methodology  developed  by  the  Commission.  It  shall  be 
adopted by the Administrative Board. 

The  annual  work  programme  mentioned  in  Article  23  (2)  c  shall  refer  to  the 
multiannual  work  programme.  It  shall  clearly  indicate  the  additions,  changes  or 
deletions in comparison with the previous year’s work programme, and the progress 

1. 

2. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

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made  in  the  achievement  of  the  overall objectives  and  priorities  of  the  multiannual 
work programme. 

Article 17g 
Cooperation in Maritime Affairs 

The  Agency  shall  contribute  to  the  implementation  of  the  integrated  EU  maritime 
policy,  and  in  particular  to  the  achievement  of  the  integrated  EU  maritime 
surveillance network, by making available its operational systems as well its data on 
fisheries monitoring and compliance to the EU Institutions, bodies and the Member 
States. 

On  behalf  of  the  Agency,  the  Executive  Director  may  conclude  administrative 
agreements  with  other  bodies  in  matters  covered  by  this  Regulation  after  having 
informed  the  Administrative  Board.  The  Executive  Director  shall  inform  the 
Commission thereof at an early stage of such negotiations.' 

Article 17h 
Detailed rules 

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

These  rules  may  cover  in  particular  the  formulation  of  plans  for  response  to  an 
emergency  the  establishment  of  the  emergency  unit  and  the  practical  procedures  to 
be applied.' 

1. 

2. 

1. 

2. 

Article 113 
Amendments to other Regulations  

1. 

Regulation (EC) No 2371/2002 is amended as follows: 

a)  Article 21 is replaced by the following: 

'Access to waters and resources and the pursuit of activities as set out in Article 
1 shall be controlled and compliance with the rules of the Common Fisheries 
Policy  enforced.  For  this  purpose  a  Community  system  for  monitoring, 
surveillance, inspection, and enforcement of the rules of the Common Fisheries 
Policy shall be established.' 

2. 

3. 

b)  Articles 22 to 28 are deleted. 

In Council Regulation (EC) No 423/200438, Chapter V is deleted. 

In  Council  Regulation  (EC)  No  811/200439  ,  Articles  7,  8,  10,  11,  12  and  13  are 
deleted. 

38

O.J. L 70, 9.3.2004, p. 8. 

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   EN 

 
 
                                                 
 
4. 

5. 

6. 

7. 

8. 

9. 

In  Council  Regulation  (EC)  No 2166/200540,  Articles  9,  10,  11,  12,  and  13are 
deleted. 

In Council Regulation (EC) NO 2115/200541, Article 7 is deleted. 

In Council Regulation (EC) No 388/200642 Articles 7, 8, 10 and 11 are deleted. 

In Council Regulation (EC) No 509/2007 l43 , Articles 6, 8, 9, and 10 are deleted 

In Council Regulation (EC) No 676/200744 Articles 10, 11, 12, 14 and 15 are deleted 

In Council Regulation (EC) No 1098/200745, Articles 15 and 25 are deleted 

10. 

In Council Regulation (EC) No 847/96, Article 5 is deleted. 

Article 114 
Repeals 

Council Regulation (EEC) No 2847/93 and Council Regulation (EC) No 1627/94 of 27 June 
1994 laying down general provisions concerning special fishing permits shall be repealed. 

Article 115 
References  

References to provisions deleted in accordance with Article 113 and to Regulations repealed 
in accordance with Article 114 shall be construed as references to the present Regulation and 
shall be read in accordance with the correlation table in Annex II. 

TITLE XIV 
FINAL PROVISIONS 

Article 116 
Entry into force 

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

It shall apply from 1 January 2010. 

39

40

41

42

43
44 
45

OJ L 185; 27.5.2004, p. 1. 
OJ L 345; 28.12.2005, p. 5. 
OJ L 340, 23.12.2005, p. 3. 
OJ. L 65; 7.3.2006, p. 1. 
OJ. L 122, 11.5.2007, p. 7. 
OJ L157, 19.06.2007, p. 1. 
OJ L 248, 22.9.2007, p. 1. 

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

Done at Brussels,  

For the Council 
The President 

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SPECIFIC INSPECTION BENCHMARKS FOR MULTIANNUAL PLANS 

ANNEX I 

Objective 

1. 

Each Member State shall set specific inspection benchmarks in accordance with this 
Annex. 

Strategy 

2. 

Inspection and surveillance of fishing activities shall concentrate on vessels likely to 
catch  species  subject  to  a  multiannual  plan.  Random  inspections  of  transport  and 
marketing of species subject to a multiannual plan shall be used as a complementary 
cross-checking mechanism to test the effectiveness of inspection and surveillance. 

Priorities 

3. 

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

Target benchmarks 

4. 

Not  later  than  one  month  from  the  date  of  entry  into  force  of  a  Regulation 
establishing  a  multiannual  plan,  Member  States  shall  implement  their  inspection 
schedules taking account of the targets set out below. 

Member States shall specify and describe which sampling strategy will be applied. 

The  Commission  can  have  access  on  request  to  the  sampling  plan  used  by  the 
Member State.  

(a)  Level of inspection in ports 

As a general rule, the accuracy to be achieved should be at least equivalent to 
what  would  be  obtained  by  a  simple  random  sampling  method,  where 
inspections shall cover 20 % of all landings of species subject to a multiannual 
plan by weight in a Member State. 

(b)  Level of inspection of marketing 

Inspection  of  5 %  of  the  quantities  of  species  subject  to  a  multiannual  plan 
offered for sale at auction. 

(c)  Level of inspection at sea 

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 
management  areas,  possibly  with  a  separate  benchmark  for  days  patrolling 
specific areas. 

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   EN 

 
 
 
 
 
 
(d)  Level of aerial surveillance 

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

EN 

82 

   EN 

 
 
ANNEX II 

CORRELATION TABLE 

Regulation (EEC) No 2847/93 

Present regulation 

Article 1(1) 

Article 1(2) 

Article 1(3) 

Article 2 

Article 3 

Article 4 

Article 5 (a), (b) 

Article 5(c) 

Article 6 

Article 7 

Article 8 

Articles 1 and 2 

Article 5 (3) 

Article 2 

Article 5 

Article 9 

Article 5 

Article 65 

Article 8 

Articles 14, 15, 16 

Article 17 

Article 21 

Article 9 (1); (2), (3), (4) 

Article 54, 55 

Article 9(4b) 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

Article 17 

Article 19 

Article 19a 

Article 19b 

Article 19c 

Article 19d 

Article 19e 

Article 19f 

EN 

Article 57 

Article 18, 19 

Article 58 

Article 52 

Articles 23, 25 

Article 24 

Articles 5, 65 

Articles 102, 103 

Article 14 

83 

   EN 

 
 
 
  
 
 
 
Article 19g 

Article 19h 

Article 19i 

Article 19j 

Article 20 

Article 20a 

Articles 37, 38 

Article 21(1), (2), (3) 

Articles 26, 27 

Article 21 (4) 

Article 21a 

Article 21b 

Article 21c 

Article 22 

Article 23 

Title V 

Article 28(1) 

Article 28(2) 

Article 28 (2a) 

Article 28c 

Article 28a, b, c, d, e, f, g, h 

Article 29 

Article 30 

Article 31(1), (2) 

Article 31(3) 

Article 31(4) 

Article 32 

Article 33 

Article 34 

Article 34 a 

Article 34b 

Article 34c 

Article 28 

Articles 26, 27 

Articles 23, 25 

Article 27 

Articles 97, 98 

Title IV, Chapter II 

Article 48 

Article 60 

Article 48 

Articles 9, 14 

Articles 88, 89, 90, 91, 92, 93 

Article 94 

Article 81 

Article 82 

Article 78 

Article 80 

Article 81 

Article 109 

Article 89 

Article 87 

84 

EN 

   EN 

 
 
 
 
 
 
 
 
 
Article 35 

Article 36 

Article 37 

Article 38 

Article 39 

Article 40 

Article 110 

Article 111 

104, 105 

Article 3 

Article 114  

Article 116 

Regulation (EC) No 2371/2002  

Present regulation  

Article 21 

Article 22 (1) 

Article 22 (2) 

Article 23 (3) 

Article 23 (4) 

Article 24 

Article 25 

Article 26 (1) 

Article 26 (2) 

Article 26 (4) 

Article 27 (1) 

Article 27 (2) 

Article 28 (1) 

Article 28 (3) 

Article 28 (4) 

Article 28 (5) 

Articles 1, 2 

Articles 6, 7, 9, 14, 66 

Articles 50, 52, 54, 58, 66 

Articles 5 (3), 5 (5), 11 

Article , 28 (2), 97 

Article 5, Title VII, articles 61, 83 

chapter III, IV of Title VII 

Article 88 

Article 101 

Article 27 

Articles 88 – 91 

Articles 93, 94 

Article 109 

Articles 71-73 

Article 70 

Article 64 

Regulation (EC) No 1627/94 

Present regulation 

The entire regulation 

Article 7 

Regulation (EC) No 423/2004 

Present regulation 

Article 9 

Article 11 

Article 12 

Article 13 

EN 

Article 14 (2) 

Article 17 

Article 34 

Article 14 (3) 

85 

   EN 

 
Article 14 

Article 15 (1) 

Article 36 

Article 53 (4) 

Regulation (EC) No 811/2004 

Present regulation 

Article 7 

Article 8 

Article 10 

Article 11 

Article 12 

Article 14 (2) 

Article 17 

Article 14 (3) 

Article 35 

Article 53 (4) 

Regulation (EC) No 2166/2005 

Present regulation 

Article 9 

Article 10 

Article 12 

Article 13 

Article 14(3) 

Article 53 (1) 

Article 35 

Article 53 (4) 

Regulation (EC) No 2115/2005 

Present regulation 

Article 7 

14 (3) 

Regulation (EC) No 388/2006 

Present regulation 

Article 7 

Article 8  

Article 10 

Article 11 

Article 14 (3) 

Article 53 (1) 

Article 35 

Article 53 (4) 

Regulation (EC) No 509/2007 

Present regulation 

Article 6 

Article 8 

Article 9 

Article 14 (3) 

Article 35 

Article 53 (4) 

Regulation (EC) No 676/2007 

Present regulation 

Article 10 

Article 11 

Article 12 

Article 14 

Article 15 

EN 

Article 14 (2) 

Article 14 (3) 

Article 53 (1) 

Article 35 

Article 53 (4) 

86 

   EN 

 
Regulation (EC) No 1098/2007 

Present regulation 

Article 15 

Article 14 (3) 

Regulation (EC) No 847/96 

Present regulation 

Article 5 

Article 97 

EN 

87 

   EN