Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy
Date: 2013-01-18
Institutions: European Commission
Subjects: catch quota, delegated legislation, disclosure of information, fishing controls, fishing licence, fishing rights, new technology

EUROPEAN 
COMMISSION 

Brussels, 18.1.2013  
COM(2013) 9 final 

2013/0007 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 1224/2009 establishing a Community control 
system for ensuring compliance with the rules of the Common Fisheries Policy 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The Treaty on the Functioning of the European Union (TFEU) makes a distinction between 
the powers delegated to the Commission to adopt non-legislative acts of general application to 
supplement  or  amend  certain  non-essential  elements  of  the  legislative  act  as  laid  down  in 
Article 290(1) of the TFEU (delegated acts), and the powers conferred upon the Commission 
to  adopt  uniform  conditions  for  implementing  legally  binding  Union  acts  as  laid  down  in 
Article 291(2) of the TFEU (implementing acts). 

In the context of the alignment of Regulation (EC) No 1224/2009 on the new decision-making 
rules  of  the  TFEU,  powers  currently  conferred  upon  the  Commission  under  that  Regulation 
have been re-classified into delegated and implementing powers.  

Following this exercise, a draft proposal for an amendment of Regulation (EC) No 1224/2009 
has been prepared.  

Pursuant to Article 290 of the Treaty, the Legislator may confer upon the Commission powers 
to supplement or amend certain non-essential elements of that Regulation.  

The Commission should be empowered to adopt delegated acts to grant exemptions from the 
obligation  of  prior  notification  and  the  obligation  to  complete  and  submit  a  transhipment 
declaration, to decide a different way and frequency for data transmission, to adopt rules on 
the keeping on board of stowage plans for certain processed fisheries products, to define the 
trigger  catch  levels  for  real-time  closures  of  a  fishery,  to  modify  the  distances  by  which  a 
vessel  has  to  change  position  under  certain  circumstances,  to  amend  threshold  below  which 
fish  products  are  exempted  from  traceability,  first  sale  and  sale  notes  rules,  to  determine 
fisheries subject to specific control and inspection programmes. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

There was no need for consultation of interested parties or for impact assessment.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

Identify  the  powers  conferred  upon  the  Commission  in  Council  Regulation  (EC)  No 
1224/2009 and classify these as delegated or implementing powers  

Adapt certain provisions to the decision-making procedures of the TFEU.  

•  Legal basis 

Article 43(2) of the Treaty on the Functioning of the European Union.  

•  Subsidiarity principle 

The proposal falls under exclusive competence of the European Union. 

•  Proportionality principle 

The  proposal  is  amending  measures  which  already  exist  in  Council  Regulation  (EC)  No 
1224/2009, therefore no concern on the principle of proportionality arises.  

•  Choice of instrument 

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Proposed instrument: Regulation of the European Parliament and of the Council.  

Other means would not be adequate for the following reason: a Regulation must be amended 
by a Regulation.  

4. 

BUDGETARY IMPLICATION 

This measure does not involve any additional Union expenditure.  

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2013/0007 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 1224/2009 establishing a Community control 
system for ensuring compliance with the rules of the Common Fisheries Policy 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2) thereof, 

Having regard to the proposal from the European Commission, 

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

After transmission of the draft legislative act to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

Council  Regulation  (EC)  No  1224/2009  of  20  November  2009  establishing  a 
Community  control  system  for  ensuring  compliance  with  the  rules  of  the  common 
fishery  policy1  confers  powers  upon  the  Commission  in  order  to  implement  some  of 
the provisions of that Regulation.  

As a consequence of the entry into force of the Lisbon Treaty, the powers conferred 
under Regulation (EC) No 1224/2009 need to be aligned with Articles 290 and 291 of 
the Treaty on the Functioning of the European Union. 

In  order  to  develop  some  of  the  provisions  of  Regulation  (EC)  No  1224/2009,  the 
power to adopt acts in accordance with Article 290 of the Treaty on the Fonctionning 
of  the  European  Union  should  be  delegated  to  the  Commission  in  respect  of  the 
following: 

–  the  exemption  of  certain  categories  of  fishing  vessels  from  the  obligation  of  a 

prior notification; 

–  the  exemption  of  certain  categories  of  fishing  vessels  from  the  obligation  to 

complete and submit a transhipment declaration; 

–  the  adoption  of  a  different  way  and  frequency  for  data  transmission  by  Member 

States to the Commission for the recording of catches and fishing effort;  

–  the  adoption  of  rules  on  the  keeping  on  board  of  stowage  plans  for  certain 

processed fisheries products; 

–  the definition of trigger catch levels for the real-time closures;  

–  the  modification  of  distances  by  which  a  fishing  vessel  has  to  change  position 

when exceeding a trigger catch level; 

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OJ L 343, 22.12.2009, p.1 

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–  the  amendment  of  the  threshold  below  which  fish  products  are  exempted  from 

traceability rules;  

–  the  amendment  of  the  threshold  below  which  fish  products  are  exempted  from 

first sale rules; 

–  the  exemption  from  the  obligation  to  submit  sales  notes  for  fisheries  products 

landed by certain categories of fishing vessels; 

–  the amendment of the threshold below which fish products are exempted from the 

completion of a sales note; 

–  the  determination  of  fisheries  subject  to  specific  control  and  inspection 

programmes; 

–  the  adoption  of  a  different  way  and  frequency  for  data  transmission  by  Member 

States to the Commission following pilot projects.  

(4) 

(5) 

It is of particular importance that the Commission carries out appropriate consultations 
during  its  preparatory  work,  including  at  expert  level.  The  Commission,  when 
preparing  and  drawing-up  delegated  acts,  should  ensure  a  simultaneous,  timely  and 
appropriate  transmission  of  relevant  documents  to  the  European  Parliament  and 
Council. 

In order to ensure uniform conditions for the implementation of Regulation (EC) No 
1224/2009,  implementing  powers  should  be  conferred  upon  the  Commission  in 
accordance  with  Article  291  of  Treaty  on  the  Functioning  of  the  European  Union  in 
respect of the following:  

–  fishing licences; 

–  fishing authorisations; 

–  the vessel monitoring system; 

–  conversion factors to convert stored or processed fish weight into live fish weight; 

–  the completion and submission of logbooks insofar as they are not delegated acts; 

–  the  methodology  for  sampling  plans  for  fishing  vessels  not  subject  to  fishing 

logbook requirements; 

–  the completion and submission of transhipment declarations as far as they are not 

delegated acts ; 

–  the completion and submission of landing declarations; 

–  the  methodology  for  sampling  plans  for  fishing  vessels  not  subject  to  landing 

declaration requirements; 

–  the formats for transmission of catch and effort data to the Commission; 

–  the closure of a fishery by the Commission; 

–  corrective measures in cases of closure of a fishery by the Commission; 

–  checks of fishing capacity of Member States; 

–  the  certification  of  propulsion  engine  power  and  the  physical  verification  of 

propulsion engine power; 

–  the methodology for sampling plans for the verification of engine power; 

–  the approval by the Commission of plans on controls in designated ports; 

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–  the calculation of trigger catch levels for real-time closures; 

–  real-time closures; 

–  the  establishment,  notification  and  evaluation  of  sampling  plans  for  recreational 

fisheries; 

–  the information on fisheries and aquaculture products to consumers; 

–  the  approval  by  the  Commission  of  sampling  plans,  control  plans  and  common 

control programmes for weighing; 

–  the  methodology  for  sampling  plans,  control  plans  and  common  control 

programmes for weighing; 

–  the content and format of sales notes; 

–  the format of surveillance reports; 

–  inspection reports; 

–  the electronic database for uploading inspection and surveillance reports; 

–  the establishment of a list of Union inspectors; 

–  the fixation of quantities as a corrective measure in the absence of proceedings by 

the Member State of landing or transhipment; 

–  point system for serious infringements insofar as they are not delegated acts; 

–  fisheries subject to specific control and inspection programmes; 

–  extension  of  a  period  for  forwarding  to  the  Commission  the  results  of  an 

administrative inquiry; 

–  the establishment of an action plan in case of irregularities or shortcomings in the 

control system of a Member State; 

–  the suspension and cancellation of Union financial assistance; 

–  the  closure  of  fisheries  for  failure  to  comply  with  the  common  fisheries  policy 

objectives; 

–  the deduction of quotas; 

–  the deduction of effort; 

–  the  deduction  of  quotas  for  failure  to  comply  with  the  rules  of  the  common 

fisheries policy; 

–  temporary measures; 

–  the approval by the Commission of  national plans for the implementation of the 

data validation system; 

–  the analysis and audit of data; 

–  the  development  of  common  standards  and  procedures  to  ensure  transparent 

communication; 

–  the operation of websites and web services; 

–  the  content  and  format  of  reports  by  Member  States  on  the  application  of  this 

Regulation. 

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Where the control of Member States is required those powers should be exercised in 
accordance  with  Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of 
the  Council  of  16  February  2011  laying  down  the  rules  and  general  principles 
concerning mechanisms for control by Member States of the Commission's exercise 
of implementing powers2. 

(6) 

(7) 

As  a  consequence  of  the  entry  into  force  of  the  Lisbon  Treaty,  the  provision  on 
emergency measures which foresees a referral of certain Commission measures to the 
Council under certain conditions needs to be adapted. 

As  a  consequence  of  the  entry  into  force  of  the  Lisbon  Treaty,  some  provisions 
conferring  decision-making  powers  upon  Council  alone  need  to  be  adapted  to  bring 
them into line with the new procedures applicable to the common fisheries policy. The 
following provisions of Regulation (EC) No 1224/2009 should therefore be redrafted: 

–  the definition of fishing restricted areas; 

–  the introduction of new technologies; 

–  the submission of certain fishing vessels to fishing effort reports; 

–  the  adoption  in  each  multiannual  plan  of  a  threshold  of  catches  above  which  a 
designated port or a place close to the shore has to be used and the frequency of 
communication of data; 

–  the establishment of fishing restricted areas and of the date when certain control 

obligations related to these areas become mandatory; 

–  the submission of recreational fisheries to specific management measures;  

–  the establishement of a control observer scheme. 

(8) 

Regulation (EC) No 1224/2009 should therefore be amended accordingly,  

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 1224/2009 is amended as follows: 

(1) 

Article 4 is amended as follows: 

(a) 

point 7 is replaced by the following: 

"7. 
'Union  inspectors'  means  officials  of  a  Member  State  or  of  the 
Commission or the body designated by it, whose names are contained in the list 
established in accordance with Article 79;" 

(b) 

point 14 is replaced by the following: 

'fishing restricted area' means any marine area under the jurisdiction of 
"14. 
a  Member  State  which  has  been  defined  by  a  legally  binding  Union  act  and 
where fishing activities are either limited or banned;" 

(2) 

in Article 6, paragraph 5 is replaced by the following: 

"5. 
The  flag  Member  State  shall  issue,  manage  and  withdraw  the  fishing 
licence in accordance with the detailed rules on their validity and the minimum 
information  contained  therein,  laid  down  by  means  of  implementing  acts. 

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OJ L 55, 28.2.2011, p.13 

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These implementing acts shall be adopted in accordance with the examination 
procedure referred to in Article 119(2).  

(3) 

in Article 7, paragraph 5 is replaced by the following: 

"5. 
Detailed  rules  on  the  validity  of  fishing  authorisations  and  the 
minimum  information  contained  therein  shall  be  laid  down  by  means  of 
implementing  acts.  These  implementing  acts  shall  be  adopted  in  accordance 
with the examination procedure referred to in Article 119(2).  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
6. 
accordance  with  Article  119a  concerning  rules  on  the  applicability  of  the 
fishing authorisation to small vessels."  

(4) 

in Article 8, paragraph 2 is replaced by the following 

"2. 
The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance with Article 119a concerning marking and identification of fishing 
vessels, gear and crafts, as regards:  

(a)  documents to be carried on board; 

(b) 

(c) 

rules for the marking of crafts; 

rules for passive gear and beamtrawls; 

(d) 

labels; 

(e)  buoys; 

(f) 

cords."  

(5) 

Article 9 is amended as follows: 

(a) paragraph 10 is replaced by the following: 

"10.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance with Article 119a concerning:  

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

the requirements of satellite-tracking devices on fishing vessels; 

the characteristics of satellite-tracking devices; 

the  responsibilities  of  the  masters  concerning  the  satellite-tracking 
devices; 

the control measures to be adopted by flag Member State; 

the frequency of data transmission; 

the monitoring of entry into and exit from specific area; 

the transmission of data to the coastal Member State; 

the measures to be taken in case of a technical failure or non-functioning 
of the satellite-tracking device; 

the non-receipt of data; 

the monitoring and recording of the fishing activities; 

(k) 

the acces to data by the Commission. 

(b) Paragraph 11 is added: 

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"11.  Rules concerning the format of the electronic transmission of the vessel 
monitoring  system  data  from  the  flag  Member  State  to  the  coastal  Member 
State  shall  be  laid  down  by  the  Commission  by  means  of  implementing  acts. 
Those implementing acts shall be adopted in accordance with the examination 
procedure referred to in Article 119(2)." 

(6) 

Article 13 is replaced by the following: 

"Article 13 

New technologies 

1. 
Measures imposing the obligation to use electronic monitoring devices 
and  traceability  tools  such  as  genetic  analysis  may  be  adopted  in  accordance 
with the Treaty. In order to assess the technology to be used, Member States, 
on  their  initiative  or  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. 

2. 
The  introduction  of  other  new  fisheries  control  techniques  may  be 
decided  in  accordance  with  the  Treaty  when  these  technologies  lead  to 
improved  compliance  with  the  rules  of  the  common  fisheries  policy  in  a  cost 
effective way." 

(7) 

Article 14 is amended as following: 

(a) 

paragraph 7 is replaced by the following: 

"7. 
To  convert  stored  or  processed  fish  weight  into  live  fish  weight, 
masters  of  Union  fishing  vessels  shall  apply  a  conversion  factor.  The 
Commission  shall  establish  that  conversion  factor  by  means  of  implementing 
acts.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 119(2)." 

(b) 

paragraph 10 is replaced by the following: 

"10.  The Commission shall lay down detailed rules on  

(a) 

the completion and submission of fishing logbooks in paper format; 

(b)  models for fishing logbooks in paper format to be used;  

(c) 

instructions  for  the  completion  and  submission  of  fishing  logbooks  in 
paper format; 

(d)  deadlines for the submission of fishing logbooks;  

(e) 

the calculation of a margin of tolerance as defined in paragraph 3 

by  means  of  implementing  acts.  These implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 119(2)." 

(c) 

paragraph 11 is added: 

"11.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance  with  Article  119a  concerning  the  requirements  to  complete  and 
submit the fishing logbook data in paper format by fishing vessels referred to 
in Articles 16(3) and 25(3)."  

(8) 

Article 15 is amended as following:  

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(a) 

paragraph 1a is added: 

"1a.  Masters of Union fishing vessels used exclusively for the exploitation 
of aquaculture shall be exempted from paragraph 1." 

(b) 

paragraph 9 is replaced by the following: 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 

"9. 
accordance with Article 119a concerning:  

(a) 

the  provisions  applicable  in  the  event  of  technical  failure  or  non-
functioning of electronic recording and reporting systems; 

(b)  measures to be taken in case of non-receipt of data; 

(c) 

10. 

(a) 

(b) 

the access to data and measures to be taken in case of data access failure. 

The Commission shall lay down detailed rules on 

the requirement of electronic recording and reporting systems on Union 
fishing vessels; 

the  format  for  transmission  of  data  from  a  Union  fishing  vessel  to  the 
competent authorities of its flag State; 

(c) 

return messages from the authorities; 

(d)  data on the functioning of the electronic recording and reporting system; 

(e) 

(f) 

(g) 

(h) 

the format for exchange of information between Member States; 

the exchange of data between Member States;  

the tasks of the single authority; 

the frequency of transmission  

by  means  of  implementing  acts.  Those implementing acts shall be adopted in 
accordance with the examination procedure referred to in Article 119(2)." 

(9) 

in Article 16, paragraph 2 is replaced by the following: 

"2. 
For  the  purposes  of  the  monitoring  referred  to  in  paragraph  1,  each 
Member  State  shall  establish  a  sampling  plan  based  on  the  methodology 
adopted by the Commission by means of implementing acts in accordance with 
the  examination  procedure  referred  to  in  Article  119(2)  for  the  definition  of 
vessels groups, risk levels and the estimation of the catch, and transmit it every 
year  by  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 relevant geographical areas."  

(10) 

in Article 17, paragraph 6 is replaced by the following: 

"6. 
The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance  with  Article  119a,  to  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, 
the  type  of  fisheries  products  and  the  distance  between  the  fishing  grounds, 
landing places and ports where the vessels in question are registered." 

(11) 

Article 21 is amended as follows: 

(a) 

paragraph 6 is replaced by the following: 

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"6. 
The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance  with  Article  119a,  to  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 
the  type  of  fisheries  products  and  the  distance  between  the  fishing  grounds, 
transhipping places and ports where the vessels in question are registered." 

(b) 

paragraph 7 is replaced by the following: 

"7 

(a) 

Detailed rules on  

the  completion  and  submission  of  transhipment  declaration  in  paper 
format; 

(b)  models for transhipment declarations in paper format to be used;  

(c) 

instructions  for 
declarations in paper format; 

the  completion  and  submission  of 

transhipment 

(d)  deadlines  for  the  submission  of  transhipment  declarations  in  paper 

format;  

(e)  handing over of a transhipment declaration in paper format; 

(f) 

the calculation of a margin of tolerance defined in paragraph 3  

shall  be  adopted  by  means  of  implementing  acts.  Those  implementing  acts 
shall  be  adopted  in  accordance  with  the  examination  procedure  referred  to  in 
Article 119(2)." 

(12) 

Article 22 is amended as follows:  

(a) 

paragraph 1a is added: 

"1a.  Masters of Union fishing vessels used exclusively for the exploitation 
of aquaculture shall be exempted from paragraph 1." 

"(b)  paragraph 7 is replaced by the following: 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 

"7. 
accordance with Article 119a concerning:  

(a) 

the  provisions  in  the  event  of  technical  failure  or  non-function  of 
electronic recording and reporting systems; 

(b)  measures to be taken in case of non-receipt of data; 

(c) 

the  access  to  data  and  measures  to  be  taken  in  case  of  data  access 
failure." 

(b) Paragraph 8 is added: 

"8. 

(a) 

(b) 

The Commission shall lay down rules on 

the requirement of electronic recording and reporting systems on Union 
fishing vessels; 

the  format  for  transmission  of  data  from  a  Union  fishing  vessel  to  the 
competent authorities of its flag State; 

(c) 

return messages; 

(d)  data on the functioning of the electronic recording and reporting system; 

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(e) 

(f) 

the format for exchange of information between Member States; 

the exchange of data between Member States;  

(g) 

the tasks of the single authority  

by  means  of  implementing  acts.  These  implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 119(2)." 

(13) 

in Article 23, paragraph 5 is replaced by the following: 

"5. 

(a) 

The Commission shall lay down detailed rules on 

the completion of landing declarations in paper format; 

(b)  models of landing declarations in paper format to be used;  

(c) 

instructions for the completion and submission of landing declarations in 
paper format; 

(d)  deadlines for the submission of landing declarations; 

(e) 

fishing operations involving two or more Union fishing vessels  

by means  of implementing acts.  Those implementing acts shall be adopted in 
accordance with the examination procedure referred to in Article 119(2)." 

(14) 

Article 24 is amended as follows: 

(a) paragraph 1a is added: 

"1a.  Masters  of  Union  fishing  vessels  used  exclusively  for  the  exploitation  of 

aquaculture shall be exempted from paragraph 1." 

(b) in paragraph 8 is replaced by the following: 

"8.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 

with Article 119a concerning:  

(a) 

the  provisions  applicable  in  the  event  of  technical  failure  or  non-
functioning of electronic recording and reporting systems; 

(b)  measures to be taken in case of non-receipt of data; 

(c) 

the  access  of  data  and  measures  to  be  taken  in  case  of  data  access 
failure." 

(c) paragraph 9 is added: 

9. 

The Commission shall lay down rules on 

(a) 

(b) 

the requirement of electronic recording and reporting systems on Union 
fishing vessels; 

the  format  for  transmission  of  data  from  a  Union  fishing  vessel  to  the 
competent authorities of its flag State; 

(c) 

return messages; 

(d)  data on the functioning of the electronic recording and reporting system; 

(e) 

(f) 

the format for exchange of information between Member States; 

the exchange of data between Member States;  

(g) 

the tasks of the single authority 

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by  means  of  implementing  acts.  These implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 119(2)." 

(15) 

in Article 25, paragraph 2 is replaced by the following: 

"2. 
For  the  purposes  of  the  monitoring  referred  to  in  paragraph  1,  each 
Member  State  shall  establish  a  sampling  plan  based  on  the  methodology 
adopted by the Commission by means of implementing acts in accordance with 
the  examination  procedure  referred  to  in  Article  119(2)  for  the  definition  of 
vessels groups, risk levels and the estimation of the catch, and transmit it every 
year  by  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 relevant geographical areas."  

(16) 

Article 28 is amended as follows: 

(a) 

the introductory phrase of paragraph 1 is replaced by the following:  

"1.  When it is so decided in accordance with the Treaty, masters of Union 
fishing  vessels  which  are  not  equipped  with  a  functioning  vessel  monitoring 
system as referred to in Article 9 or which do not transmit fishing logbook data 
electronically  as  referred  to  in  Article  15  and  which  are  subject  to  a  fishing 
effort  regime  shall  communicate  by  telex,  fax,  telephone  message  or  e-mail 
duly  recorded  by  the  recipient  or  by  radio  via  a  radio  station  approved  under 
Union rules the following information in the form of a fishing effort report to 
the competent authorities of his flag Member State and, where appropriate, to 
the  coastal  Member  State  immediately  before  each  intro  and  exit  from  a 
geographical area subject to that fishing effort regime:"  

(b) 

the following paragraph 3 is added:  

"3. 
"The  Commission  may  lay  down  detailed  rules  concerning  the 
transmission of the fishing effort reports by means of implementing acts. Those 
implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 119(2)." 

(17) 

(18) 

Article 32 is deleted.  

Article 33 is amended as follows: 

(a) 

paragraph 7 is replaced by the following:  

"7.  Without prejudice to Title XII, Member States may until 30 June 2011 
carry out pilot projects with the Commission and the body designated by it on 
the  real-time  remote  access  to  Member  States  data  recorded  and  validated 
according  to  this  Regulation.  The  data  access  format  and  procedures  shall  be 
considered  and  tested.  Member  States  shall  inform  the  Commission  before  1 
January 2011 if they plan to carry out pilot projects. As from 1 January 2012 it 
may  be  decided  in  accordance  with  the  Treaty  on  a  different  way  and 
frequency of data transmission to the Commission." 

(b)  paragraph 10 is replaced by the following: 

"10.  The Commission may lay down the formats for the transmission of the 
data  referred  to  in  this  Article,  by  means  of  implementing  acts.  Those 
implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 119(2)." 

EN 

13 

   EN 

 
 
 
 
 
 
 
 
 
 
(19) 

in Article 36, paragraph 2 is replaced by the following: 

"2.  On the basis of the information under Article 35 or on its own initiative, where 
the  Commission  finds  that  fishing  opportunities  available  to  the  Union,  a 
Member State or group of Member States are deemed to have been exhausted, 
the Commission shall inform the Member States concerned thereof and shall, 
by  means  of  implementing  acts,  prohibit  fishing  activities  for  the  respective 
area,  gear,  stock,  group  of  stocks  or  fleet  involved  in  those  specific  fishing 
activities." 

(20) 

Article 37 is amended as follows: 

(a) paragraph 2 is replaced by the following: 

If  the  prejudice  suffered  by  the  Member  State  for  which  fishing  has 
"2. 
been  prohibited  before  its  fishing  opportunities  were  exhausted  has  not  been 
removed, the Commission shall adopt measures with the aim of remedying in 
an  appropriate  manner  the  prejudice  caused,  by  means  of  implementing  acts. 
Those implementing acts shall be adopted in accordance with the examination 
procedure  referred  to  in  Article  119(2).  Those  measures  may  involve  making 
deductions  from  the  fishing  opportunities  of  any  Member  State  which  has 
overfished  and  allocating  the  quantities  so  deducted  appropriately  to  the 
Member  States  whose  fishing  activities  were  prohibited  before  their  fishing 
opportunities were exhausted." 

(b) paragraph 4 is replaced by the following: 

"4. 
"The  Commission  shall  lay  down  detailed  rules  concerning  the 
notification of a prejudice suffered, the identification of Member States which 
suffered  prejudice  and  the  amount  of  the  prejudice,  the  identification  of  the 
Member  States  which  have  overfished  and  the  quantities  of  fish  caught  in 
excess,  the  deductions  to  be  made  from  the  fishing  opportunities  of  Member 
States  which  have  overfished 
the  exceeded  fishing 
opportunities,  the  additions  to  be  made  to  the  fishing  opportunities  of  the 
prejudiced Member States in proportion to the prejudice suffered, the dates on 
which  the  additions  and  deductions  shall  take  effect  and,  where  appropriate, 
any  other  necessary  measure  on  how  to  remedy  the  prejudice  suffered,  by 
means  of  implementing  acts.  Those  implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 119(2)." 

in  proportion 

to 

(21) 

in Article 38, paragraph 2 is replaced by the following: 

The Commission may adopt, by means of implementing acts, detailed 

"2. 
rules for the application of this article regarding: 

(a) 

(b) 

(c) 

(d) 

the registration of fishing vessels; 

the verification of the engine power of fishing vessels; 

the verification of the tonnage of fishing vessels; 

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

Those implementing acts shall be adopted in accordance with the examination 
procedure referred to in Article 119(2)." 

(22) 

in Article 40, paragraph 6 is replaced by the following:  

EN 

14 

   EN 

 
 
 
 
 
 
 
"6. 
The  Commission  shall  lay  down  detailed  rules  concerning  the 
certification  of  propulsion  engine  power  and  the  physical  verification  of 
propulsion engine power by means of implementing acts. Those implementing 
acts shall be adopted in accordance with the examination procedure referred to 
in Article 119(2)." 

(23) 

in Article 41, the introductory phrase of paragraph 1 is replaced by the following: 

"1.  Member  States  shall  undertake,  following  a  risk  analysis,  data 
verification  of  the  consistency  of  engine  power  using  all  the  information 
available  to  the  administration  concerning  the  technical  characteristics  of  the 
vessel concerned. That data verification shall be established on  the basis of a 
sampling  plan  based  on  the  methodology  adopted  by  the  Commission  by 
means  of  implementing  acts  in  accordance  with  the  examination  procedure 
referred to in Article 119(2) on high risk criteria, the size of random samples 
and  the  technical  documents  to  be  verified.  Member  States  shall  verify  in 
particular the information contained in:" 

(24) 

Article 43 is amended as follows: 

(a) 

paragraph 1 is replaced by the following: 

"1.  When  a  multiannual  plan  is  adopted  in  accordance  with  the  Treaty,  it 
may be decided to include a threshold applicable to the live weight of species 
subject to that plan, above which a fishing vessel shall be required to land its 
catches in a designated port or a place close to the shore." 

(b)  paragraph 7 is replaced by the following: 

"7.  Member  States  shall  be  exempted  from  paragraph  5(c)  if  the  national 
control  action  programme  adopted  in  accordance  with  Article  46  contains  a 
plan on how to perform control in designated ports, ensuring the same level of 
control  by  competent  authorities.  The  plan  shall  be  deemed  satisfactory  if 
agreed  by  the  Commission  by  means  of  implementing  acts  adopted  in 
accordance with the examination procedure referred to in Article 119(2)."  

(25) 

in Article 45, paragraph 2 is replaced by the following: 

"2. 
The relevant threshold and the frequency of the communication of the 
data referred to in paragraph 1 shall be established in each multiannual plan in 
accordance with the Treaty." 

(26) 

in Article 49, paragraph 2 is replaced by the following: 

"2.  Without  prejudice  to  Article  44,  the  Commission  shall  be  empowered 
to  adopt  delegated  acts  in  accordance  with  Article  119a,  to  adopt  rules 
concerning  the  keeping  on  board  of  a  stowage  plan  of  processed  products, 
indicating by species, where they are located in the hold." 

(27) 

in Article 50, paragraphs 1 and 2 are replaced by the following: 

"1. 
Fishing  activities  of  Union  fishing  vessels  and  third  country  fishing 
vessels in fishing zones where a fishing restricted area has been established in 
accordance  with  the  Treaty,  shall  be  controlled  by  the  fisheries  monitoring 
centre  of  the  coastal  Member  State,  which  shall  have  a  system  to  detect  and 
record the vessels' entry into, transit through and exit from the fishing restricted 
area. 

EN 

15 

   EN 

 
 
 
 
 
 
 
 
2. 
In addition to paragraph 1, a date from which the fishing vessels shall 
have an operational system on board which shall alert the master of the entry 
and  exit  into  a  fishing  restricted  area  shall  be  established  in  accordance  with 
the Treaty." 

(28) 

Article 51 is amended as follows:  

(a) paragraph 1 is replaced by the following: 

"1.  When  a  trigger  catch  level  of  a  particular  species  or  group  of  species 
has been reached, the area concerned shall be temporarily closed to the relevant 
fisheries in accordance with this Section. The Commission shall be empowered 
to  adopt  delegated  acts  in  accordance  with  Article  119a  to  establish  the 
particular species or group of species to which the trigger catch level applies, 
taking  into  account  the  catch  composition  by  species  and/or  by  lengths  in 
particular areas and/or fisheries. ."  

(b) 

paragraph 2 is replaced by the following: 

2. 
The  trigger  catch  level  shall  be  calculated  on  the  basis  of  a  sampling 
methodology  established  by  the  Commission  by  means  of  implementing  acts 
adopted  in  accordance  with  the  examination  procedure  referred  to  in  Article 
119(2)  for  the  definition  of  areas  with  a  risk  of  reaching  a  trigger  level  and 
verification of the reaching of a trigger level, as the percentage or weight of a 
particular species or group of species compared to the total catch in a haul of 
the fish concerned." 

(c) 

paragraph 3 is deleted. 

(29) 

the following new Article 51a is inserted after Article 51: 

"Article 51a 

Detailed rules for implementation 

The Commission may lay down detailed rules concerning the areas of real-time 
closures, the closure of fisheries and the information on real-time closures by 
means  of  implementing  acts.  Those  implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 119(2)" 

(30) 

Article 52 is replaced by the following: 

"1.  Where  the  quantity  of  catches  exceed  a  trigger  catch  level  in  two 
consecutive hauls, the fishing vessel shall change the fishing area by a certain 
distance, from any position of the previous haul before continuing fishing and 
shall  inform  without  delay  the  competent  authorities  of  the  coastal  Member 
State.  

The  distance  referred  to  in  paragraph  1  shall  initially  be  at  least  five 
2. 
nautical miles, and two nautical miles for fishing vessels of less than 12 metres 
overall.  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
3. 
accordance  with  Article  119a  concerning  the  modification  of  the  distances 
referred to in paragraphs 1 and 2, taking into account the following elements: 

 - 

- 

available scientific advice 

and  the  conclusions  of  inspection  reports  in  the  area  for  which  trigger 
catch levels have been defined."  

EN 

16 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
(31) 

in Article 54, paragraph 1 is replaced by the following: 

On the basis of the information demonstrating that a trigger catch level 
"1. 
has been reached, the Commission may determine, by means of implementing 
acts, an area to be temporarily closed if the coastal Member State has not itself 
established such a closure." 

(32) 

in Article 55, paragraph 4 and 5 are replaced by the following: 

"4. 
On  the  basis  of  a  scientific  evaluation  of  the  biological  impact  of 
recreational fisheries as referred to in paragraph 3, where a recreational fishery 
is  found  to  have  a  significant  impact,  management  measures  such  as  fishing 
authorisations  and  catch  declarations  may  be  adopted  in  accordance  with  the 
Treaty. 

5. 
The  Commission  shall  lay  down  detailed  rules  concerning  the 
establishment  of  sampling  plans  as  referred  to  in  paragraph  3  and  the 
notification and evaluation of sampling plans by means of implementing acts. 
Those implementing acts shall be adopted in accordance with the examination 
procedure referred to in Article 119(2)" 

(33) 

Article 58 is amended as follows:  

(a) 

paragraphs 7a and 7b are added: 

"7a. 
to: 

(a) 

The information listed in points (a) to (f) of paragraph 5 shall not apply 

imported fisheries and aquaculture products which are excluded from the 
scope  of  implementation  of  the  catch  certificate  in  accordance  with 
Article 12(5) of Regulation (EC) No 1005/2008;  

(b) 

fisheries and aquaculture products caught or farmed in freshwater; 

(c)  ornamental fish, crustaceans and molluscs.  

The information listed in points (a) to (h) of paragraph 5 shall not apply 
7b. 
to  fisheries  and  aquaculture  products  falling  under  Tariff  headings  1604  and 
1605 of the Combined Nomenclature." 

(b) 

paragraphs 8 and 9 are replaced by the following: 

"8.  Member  States  may  exempt  from  the  requirements  set  out  in  this 
Article  small  quantities  of  products  sold  directly  from  fishing  vessels  to 
consumers, provided that these do not exceed a small value. 

The value referred to in paragraph 8 shall initially not exceed EUR 50 

9. 
per day. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 

10. 
accordance with the Article 119a concerning: 

(a) 

(b) 

(c) 

the  determination  of  fisheries  and  aquaculture  products  to  which  this 
Article applies;  

the  physical  affixing  of  information  on  fisheries  and  aquaculture 
products; 

the  cooperation  between  Member  States  on  the  access  to  information 
affixed to a lot or physically accompanying a lot;  

EN 

17 

   EN 

 
 
 
 
 
 
 
 
 
 
(d) 

(e) 

(f) 

(g) 

the determination of fisheries and aquaculture products to which certain 
provisions of this Article do not apply; 

the information on the relevant geographical area; 

the modification of the value provided for in paragraph 9; 

the  information  on  fisheries  and  aquaculture  products  available  to  the 
consumer."  

(34) 

in Article 59, paragraph 3 is replaced by the following: 

"3. 
A  buyer  acquiring  fisheries  products  up  to  a  certain  weight  threshold 
which  are  not  thereafter  placed  on  the  market  but  used  only  for  private 
consumption shall be exempted from this Article. 

The  weight  threshold  referred  to  in  paragraph  3  shall  initially  not 

4. 
exceed 30kg per day. 

5. 
The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance  with  Article  119a  concerning  the  modification  of  the  weight 
threshold provided for in paragraph 4 taking into account the status of the stock 
concerned."  

(35) 

Article 60 is amended as follows: 

(a) 

paragraph 1 is replaced by the following: 

A  Member  State  shall  ensure  that all fishery  products are  weighed on 
"1. 
systems  approved  by  the  competent  authorities  unless  it  has  adopted  a 
sampling  plan  approved  by  the  Commission  and  based  on  the  risk-based 
methodology  established  by  the  Commission  by  means  of  implementing  acts 
adopted  in  accordance  with  the  examination  procedure  referred  to  in  Article 
119(2)  for  the  determination  of  the  size  of  the  samples,  levels  of  risk,  risk 
criteria and the information to be taken account of." 

(b) 

paragraph 7 is replaced by the following: 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 

"7. 
accordance with Article 119a concerning 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

the  determination  of  weighing  procedures  for  landings  from  Union 
fishing vessels and transhipments involving Union fishing vessels as well 
as for the weighing of fisheries products on board Union fishing vessels 
in EU waters; 

the weighing records;  

the time of weighing; 

the weighing systems; 

the weighing of frozen of fisheries products;  

the deduction of ice and water;  

the  access  of  competent  authorities  to  the  weighing  systems,  weighing 
records,  written  declarations  and  premises  where  the  fisheries  products 
are stored or processed;  

(h) 

the special rules for the weighing of certain pelagic species on: 

EN 

18 

   EN 

 
 
 
 
 
 
 
(i) 

the  determination  of  weighing  procedure  for  catches  of  herring, 
mackerel and horse mackerel; 

(ii) 

the ports of weighing; 

(iii) 

informing competent authorities before entering into port; 

(iv)  discharge;  

(v) 

fishing logbook;  

(vi)  publically operated weighing facilities;  

(vii)  privately operated weighing facilities;  

(viii)  weighing of frozen fish; 

(ix)  keeping of weighing records;  

(x) 

sales note and takeover declaration;  

(xi)  cross-checks;  

(xii)  monitoring of weighing; 

(36) 

Article 61 is replaced by the following: 

"Article 61 

Weighing of fisheries products after transport from the place of landing 

By  way  of  derogation  from  Article  60(2),  Member  States  may  permit 
1. 
fisheries  products  to  be  weighed  after  transport  from  the  place  of  landing 
provided  that  they  are  transported  to  a  destination  on  the  territory  of  the 
Member State concerned and that that Member State has adopted a control plan 
approved  by  the  Commission  by  means  of  an  implementing  act.  That  control 
plan  shall  be  based  on  a  risk-based  methodology  for  the  determination  of  the 
size of the samples, levels of risk, risk criteria and the content of control plans. 
The  Commission  shall  adopt  this  sampling  methodology  by  means  of 
implementing acts in accordance with the examination procedure referred to in 
Article 119(2). 

2. 
By  way  of  derogation  from  paragraph  1,  the  competent  authorities  of 
the  Member  State  in  which  the  fisheries  products  are  landed  may  permit  the 
transport  before  weighing  of  these  products  to  registered  buyers,  registered 
auctions  or  other  bodies  or  persons  which  are  responsible  for  the  first 
marketing of fisheries products in another Member State. That permission shall 
be  subject  to  a  common  control  programme  between  the  Member  States 
concerned  as  referred  to  in  Article  94,  which  has  been  approved  by  the 
Commission  by  means  of  an  implementing  act.  That  common  control 
programme shall be based on a risk-based methodology for the determination 
of the size of the samples, levels of risk, risk criteria and the content of control 
plans.  The  Commission  shall  adopt  this  sampling  methodology  by  means  of 
implementing acts in accordance with the examination procedure referred to in 
Article 119(2)." 

(37) 

in Article 64, paragraph 2 is replaced by the following: 

"The  Commission  shall  lay  down  detailed  rules  concerning  the 
"2. 
indication  of  individuals,  the  type  of  presentation  and  the  indication  of  the 
price in sales notes, and the formats of sales notes by means of implementing 

EN 

19 

   EN 

 
 
 
acts.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 119(2)" 

(38) 

Article 65 is replaced by the following: 

"Article 65 
Exemptions from sales notes requirements  

1. 
An  exemption  from  the  obligation  to  submit  the  sales  note  to  the 
competent  authorities  or  other  authorised  bodies  of  the  Member  State  for 
fisheries  products  landed  from  certain  categories  of  Union  fishing  vessels 
referred  to  in  Articles  16  and  25  or  for  small  quantities  landed  of  fisheries 
products may be granted. That small quantity shall initially not exceed 50 kg of 
live  weight  equivalent  by  species.  The  Commission  shall  be  empowered  to 
adopt delegated acts in accordance with Article 119a to grant such exemptions 
and  adapt  the  small  quantities  taking  into  account  the  status  of  the  stock 
concerned.  

A  buyer  acquiring  products  up  to  a  certain  weight  threshold  which  is 
2. 
not thereafter placed on the market but used only for private consumption shall 
be  exempted  from  the  provisions  laid  down  in  Articles  62,  63  and  64.  That 
weight  threshold  shall  initially  not  exceed  30  kg.  The  Commission  shall  be 
empowered to adopt delegated acts in accordance with Article 119a concerning 
the modification of that weight threshold taking into account the status of the 
stock concerned." 

(39) 

in Article 71, paragraph 5 is replaced by the following:  

"5. 
The Commission shall determine the format of the surveillance report 
by means of implementing  acts. Those  implementing acts shall be adopted in 
accordance with the examination procedure referred to in Article 119(2)." 

(40) 

Article 73 is amended as follows: 

(a) paragraph 1 is replaced by the following: 

"1.  Where  a  Union  control  observer  scheme  has  been  established  in 
accordance  with  the  Treaty,  control  observers  on  board  fishing  vessels 
designated by Member States shall verify the fishing vessel's compliance with 
the rules of the common fisheries policy. They shall implement all the tasks of 
the  observer  scheme  and  in  particular  verify  and  record  the  vessel's  fishing 
activities and relevant documents." 

(b) paragraph 9 is replaced by the following: 

"9. 
The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance  with  Article  119a  concerning  the  following  matters  in  relation  to 
control observers:  

(a) 

(b) 

(c) 

the  identification  of  vessels  for  the  application  of  a  control  observer 
scheme 

the communication system;  

rules of security of the vessel; 

(d)  measures to ensure independence of control observers;  

(e) 

the duties of control observers;  

EN 

20 

   EN 

 
 
 
 
 
 
(f) 

the financing of pilot projects."  

(41) 

in Article 74, paragraph 6 is replaced by the following: 

"6. 
The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance with Article 119a concerning the methodology and the conduct of 
an inspection including: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

rules  on  the  authorisation  of  the  officials  responsible  to  conduct 
inspection at sea or on land;  

the adoption by Member States of a risk-based approach for the selection 
of inspection targets;  

the coordination of control inspection and enforcement activities among 
Member States;  

the duties of officials during the pre-inspection phase; 

the duties of officials authorised to conduct inspections;  

the  obligations  of  Member  States,  Commission  and  European  Fisheries 
Control Agency;  

the  specific  provisions  applicable  to  inspections  at  sea  and  in  port, 
transport inspections, market inspection." 

(42) 

in Article 75, paragraph 2 is replaced by the following: 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
"2. 
accordance with Article 119a concerning the obligations of the operator and of 
the master during inspections."  

(43) 

in Article 76, paragraph 4 is replaced by the following: 

"4. 
"The  Commission  shall  lay  down  detailed  rules  concerning  common 
rules on content of inspection reports, the completion of inspection reports and 
on the transmission of a copy of the inspection report to the operator by means 
of implementing acts. Those implementing acts shall be adopted in accordance 
with the examination procedure referred to in Article 119(2)" 

(44) 

in Article 78, paragraph 2 is replaced by the following: 

"2. 
"The  Commission  shall  lay  down  detailed  rules  concerning  the 
operation of the electronic database and the access of the Commission to it by 
means  of  implementing  acts.  Those  implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 119(2)" 

(45) 

Article 79 is replaced by the following:  

"Article 79 

Union inspectors 

1. 
The Commission shall establish a list of Union inspectors by means of 
implementing  acts.  Those  implementing  acts  shall  be  adopted  in  accordance 
with the examination procedure referred to in Article 119(2). 

2. 
Without prejudice to the primary responsibility of the coastal Member 
States,  Union  inspectors  may  carry  out  inspections  in  accordance  with  this 
Regulation  in  Union  waters,  and  on  Union  fishing  vessels  outside  Union 
waters. 

EN 

21 

   EN 

 
 
 
 
 
 
 
 
3. 

(a) 

(b) 

Union inspectors may be assigned for: 

the  implementation  of  the  specific  control  and  inspection  programmes 
adopted in accordance with Article 95; 

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

For  the  accomplishment  of  their  tasks  and  subject  to  paragraph  5, 

4. 
Union inspectors shall have access without delay to: 

(a) 

(b) 

all  areas  on  board  Union  fishing  vessels  and  any  other  vessels  carrying 
out  fishing  activities,  public  premises  or  places  and  means  of  transport; 
and 

all  information  and  documents  which  are  needed  to  fulfil  their  tasks,  in 
particular the fishing logbook, landing declarations, catch certificates, the 
transhipment declaration, sales notes and other relevant documents; 

to  the  same  extent  and  under  the  same  conditions  as  officials  of  the  Member 
State in which the inspection takes place. 

5. 
Union inspectors shall have no police and enforcement powers beyond 
the territory of their Member State of origin, or outside the Union waters under 
the sovereignty and jurisdiction of their Member State of origin. 

6.  When assigned as Union inspectors, officials of the Commission or of the body 

designated by it shall have no police and enforcement powers. 

7. 

The Commission shall lay down detailed rules concerning: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the notification of Union inspectors to the Commission; 

the adoption and maintenance of the list of Union inspectors; 

the  notification  of  Union  inspectors  to  Regional  Fisheries  Management 
Organisations  

the powers and duties of Union inspectors  

the reports of Union inspectors; 

the follow-up of reports of Union inspectors  

by means  of implementing acts.  Those implementing acts shall be adopted in 
accordance with the examination procedure referred to in Article 119(2)." 

(46) 

in Article 88, paragraph 2 is replaced by the following: 

"2. 
After  consulting  the  two  Member  States  concerned,  the  Commission 
shall, by means of implementing acts, fix the quantities of fish to be set against 
the quota of the Member State of landing or transhipment. Those implementing 
acts shall be adopted in accordance with the examination procedure referred to 
in Article 119(2)." 

(47) 

in Article 92, paragraph 5 is replaced by the following: 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 

"5. 
accordance with Article 119a concerning:  

(a) 

the points to be assigned for serious infringements; 

EN 

22 

   EN 

 
 
 
 
 
 
 
(b) 

(c) 

(d) 

(e) 

5a. 

(a) 

(b) 

(c) 

(d) 

(e) 

the  threshold  of  points  triggering  the  suspension  and  permanent 
withdrawal of a fishing licence;  

the  follow-up  of  suspension  and  permanent  withdrawal  of  a  fishing 
licence; 

illegal  fishing  during  the  suspension  period  or  after  the  permanent 
withdrawal of a fishing licence; 

conditions justifying the deletion of points." 

"The Commission shall lay down detailed rules concerning  

the setting up and operation of a point system for serious infringements; 

the notifications of decisions; 

the transfer of ownership of vessels being attributed points; 

the  deletion  of  fishing 
infringements from relevant lists; 

licences  of 

the  responsible  for  serious 

the obligations of information on the point system for masters of fishing 
vessels established by the Member States 

by  means of  implementing acts.  Those implementing acts shall be adopted in 
accordance with the examination procedure referred to in Article 119(2)." 

(48) 

in Article 95, paragraph 1 is replaced by the following: 

Certain  fisheries  may  be  subject  to  specific  control  and  inspection 
"1. 
programmes.  The  Commission  may,  by  means  of  implementing  acts,  and  in 
concert with the Member States concerned, determine which fisheries shall be 
subject  to  the  specific  control  and  inspection  programmes  on  the  basis  of  the 
need  for  specific  and  coordinated  control  of  the  fisheries  in  question.  Those 
implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 119(2)." 

(49) 

in Article 102, paragraphs 3 and 4 are replaced by the following: 

"3. 
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,  by  means  of  implementing  acts,  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 
4. 
the removal of the irregularities or if the Commission identifies shortcomings 
in the control system of a Member State during the verifications or autonomous 
inspections  referred  to  in  Articles  98  and  99  or  in  the  audit  referred  to  in 
Article 100, the Commission shall, by means of implementing acts, establish an 
action plan with that Member State. The Member State shall take all necessary 
measures to implement that action plan." 

(50) 

Article 103 is amended as follows:  

(a) 

in paragraph 1, the introductory phrase is replaced by the following: 

The  Commission  may  decide  to  suspend,  by  means  of  implementing 
"1. 
acts,  for  a  maximum  period  of  18  months  all  or  part  of  the  payments  of  the 

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Union  financial  assistance  under  Regulation  (EC)  No  1198/2006  and  Article 
8(a) of Regulation (EC) No 861/2006 where there is evidence that:" 

(b) 

paragraph 2 is replaced by the following: 

"2. 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  Union  control  and  enforcement 
system will be impaired, the Commission may, by means of implementing acts, 
cancel all or part of the Union 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." 

(c) 

paragraph 8 is replaced by the following: 

"8. The Commission shall lay down detailed rules concerning  

(a) 

(b) 

(c) 

the interruption of the payment deadline; 

the suspension of payments; 

the cancellation for financial assistance 

by means  of implementing  acts. Those implementing acts shall be adopted in 
accordance with the examination procedure referred to in Article 119(2)." 

(51) 

Article 104 is amended as follows: 

(a) paragraph 1 is replaced by the following: 

"1.  Where  a  Member  State  does  not  respect  its  obligations  for  the 
implementation of a multiannual plan, and where the Commission has evidence 
that  the  failure  to  respect  those  obligations  constitutes  a  serious  threat  to  the 
conservation  of  the  stock  concerned,  the  Commission  may,  by  means  of 
implementing  acts,  provisionally  close  the  fisheries  affected  by  those 
shortcomings for the Member State concerned." 

(b) paragraph 4 is replaced by the following: 

"4. 
The Commission shall, by means of implementing acts, lift the closure 
after  the  Member  State  has  demonstrated  in  writing  to  the  satisfaction  of  the 
Commission that the fisheries can be safely exploited." 

(52) 

Article 105 is amended as follows: 

(a) 

in paragraph 2, the introductory phrase of the first subparagraph is replaced by 
the following: 

"2. 
In the case of an overfishing of a quota, allocation or share of a stock or 
a group of stocks available to a Member State in a given year the Commission 
shall, by means of implementing acts, 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:" 

(b)  paragraphs 4, 5 and 6 are replaced by the following: 

In the case of an overfishing of a quota, allocation or share of a stock or 
"4. 
a group of stocks available to a Member State in earlier years, the Commission, 
after  consultation  of  the  Member  State  concerned,  may,  by  means  of 

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implementing  acts,  deduct  quotas  from future quotas of that Member State to 
take  account  of  the  level  of  overfishing.  Those  implementing  acts  shall  be 
adopted  in  accordance  with  the  examination  procedure  referred  to  in  Article 
119(2).  

If a deduction according to paragraphs 1 and 2 cannot be operated on 
5. 
the quota, allocation or share of a stock or group of stocks that was overfished 
as such because that quota, allocation or share of a stock or group of stocks is 
not  or  not  sufficiently  available  to  the  Member  State  concerned,  the 
Commission, after consultation of the Member State concerned, may, by means 
of  implementing  acts,  deduct  in  the  following  year  or  years  quotas  for  other 
stocks  or  groups  of  stocks  available  to  that  Member  State  in  the  same 
geographical  area,  or  with  the  same  commercial  value  in  accordance  with 
paragraph 1. 

6. 

(a) 

(b) 

The Commission may lay down detailed rules concerning  

the  assessment  of  the  adapted  quota  against  which  the  excess  of 
utilisation shall be calculated; 

the procedure for the consultation of the Member State concerned on the 
deduction of quotas referred to in paragraphs 4 and 5  

by  means of  implementing acts. Those implementing acts shall be adopted in 
accordance with the examination procedure referred to in Article 119(2)." 

(53) 

Article 106 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

"1.  When  the  Commission  has  established  that  a  Member  State  has 
exceeded  the  fishing  effort  which  has  been  allocated  to  it,  the  Commission 
shall,  by  means  of  implementing  acts,  operate  deductions  from  future  fishing 
effort of that Member State." 

(b) 

in paragraph 2, the introductory phrase is replaced by the following: 

"2. 
If the fishing effort in a geographical area or in a fishery available to a 
Member  State  is  exceeded  the  Commission  shall,  by  means  of  implementing 
acts, operate deductions in the following year or years from the fishing effort 
available  to  that  Member  State  for  the  geographical  area  or  the  fishery 
concerned by applying a multiplying factor according to the following table:" 

(c) 

paragraphs 3 and 4 are replaced by the following: 

"3. 
If  a  deduction  according  to  paragraph  2  cannot  be  operated  on  the 
maximum  allowable  fishing  effort  for  a  stock  that  was  exceeded  as  such 
because  such  maximum  allowable  fishing  effort  for  that  stock  is  not  or  not 
sufficiently  available  to  the  Member  State  concerned,  the  Commission,  by 
means of implementing acts, may deduct in the following year or years fishing 
effort  available  to  that  Member  State  in  the  same  geographical  area  in 
accordance with paragraph 2. 

4. 

(a) 

The Commission may lay down detailed rules concerning  

the assessment of the maximum available effort against which the excess 
of utilisation shall be calculated; 

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(b) 

the procedure for the consultation of the Member State concerned on the 
deduction of fishing effort referred to in paragraph 3  

by means  of implementing acts.  Those implementing acts shall be adopted in 
accordance with the examination procedure referred to in Article 119(2)." 

(54) 

Article 107 is amended as follows: 

(a) 

paragraph 1 is replaced by the following:  

"1.  Where  there  is  evidence  that  rules  on  stocks  subject  to  multiannual 
plans are not being complied with by a Member State and that this may lead to 
a  serious  threat  to  the  conservation  of  these  stocks,  the  Commission  may,  by 
means of implementing acts, operate deductions in the following year or years 
from  the  annual  quotas,  allocations  or  shares  of  a  stock  or  group  of  stocks 
available to that Member State, applying the proportionality principle by taking 
into account the damage caused to the stocks." 

(b)  paragraph 4 is replaced by the following: 

"4. 
The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance  with  Article  119a  concerning  the  deadline  for  Member  States  to 
demonstrate  that  the  fisheries  can  be  safely  exploited,  the  material  to  be 
included  by  Member  States  in  their  reply  and  the  determination  of  the 
quantities to be deducted by taking into account  

(a) 

(b) 

(c) 

the extent and nature of non-compliance,  

the gravity of the threat to conservation, 

the damage caused to the stock by non-compliance." 

(55) 

in Title XI, Chapter IV is replaced by the following:  

"CHAPTER IV 

Temporary measures 

Article 108 

Temporary measures 

If  there  is  evidence,  including  based  on  the  results  of  the  sampling 
1. 
carried out by the Commission, that fishing activities and/or measures adopted 
by  a  Member  State  or  Member  States  undermine  the  conservation  and 
management  measures  adopted  in  the  framework  of  multiannual  plans  or 
threaten  the  marine  eco-system  and  this  requires  immediate  action,  the 
Commission,  upon  a  reasoned  request  of  a  Member  State  or  on  its  own 
initiative, may decide, by means of implementing acts, on temporary measures 
which shall last not more than six months. 

The  temporary  measures  provided  for  in  paragraph  1  shall  be 

2. 
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; 

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(c)  prohibition against Union operators accepting landings, placing in cages 
for  fattening or  farming,  or transhipments  of  fish  and  fisheries  products 
caught by the vessels flying the flag of the Member States concerned; 

(d)  prohibition against the placing on the market or use for other commercial 
purposes fish and fisheries products caught by the vessels flying the flag 
of the Member States concerned; 

(e)  prohibition  against  the  provision  of  live  fish  for  fish  farming  in  the 

waters under the jurisdiction of the Member States concerned; 

(f) 

prohibition against the accepting of 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; 

(g)  prohibition  against  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. 
The Member State shall communicate the reasoned request referred to 
in paragraph 1 simultaneously to the Commission, to the other Member States 
and to the Advisory Councils concerned." 

(56) 

in Article 109, paragraph 8 is replaced by the following: 

"8.  Member States shall establish a national plan for the implementation of 
the  validation  system  covering  the  data  listed  under  points  (a)  and  (b)  of 
paragraph  2  and  to  ensure  the  follow-up  of  inconsistencies.  The  plan  shall 
allow Member States to make priorities for the validation and cross-checks and 
subsequent follow-up on inconsistencies based on risk management. The plan 
shall be submitted to the Commission for approval by 31 December 2011. The 
Commission shall, by means of implementing acts, approve the plans before 1 
July  2012  having  allowed  for  the  Member  States  to  make  corrections. 
Amendments  to  the  plan  shall  be  submitted  to  the  Commission  on  an  annual 
basis for approval. The Commission shall approve the amendments to the plan 
by means of implementing acts."  

(57) 

in Article 110, paragraph 3 is replaced by the following: 

"3.  Without prejudice to paragraphs 1 and 2, Member States may until 30 
June  2012  carry  out  pilot  project(s)  with  the  Commission  or  the  body 
designated by it to provide real-time remote access to Member States data on 
fishing  opportunities  recorded  and  validated  according  to  this  Regulation. 
When both the Commission and the Member State concerned are satisfied with 
the outcome of the pilot project, and as long as the remote access is functioning 
as agreed, the Member State concerned shall no longer be obliged to report on 
fishing  opportunities  as  described  in  Article  33(2)  and  (8).  The  data  access 
format  and  procedures  shall  be  considered  and  tested.  Member  States  shall 
inform  the  Commission  before  1  January  2012  if  they  plan  to  carry  out  pilot 
project(s). As from 1 January 2013, rules on a different way and frequency of 
data transmission by Member States to ensure real time access may be decided 
in accordance with the Treaty." 

(58) 

in Article 111, paragraph 3 is deleted.  

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(59) 

the following new Article 111a is inserted before the heading of Chapter II: 

"Article 111a 

Detailed rules for the implementation of provisions on data 

The Commission shall, by means of implementing acts, lay down detailed rules 
on  checking  the  quality,  compliance  with  deadlines  for  submission  of  data, 
cross-checks,  analysis,  verification  of  the  data  and  on  establishing  a 
standardised  format  for 
the  download  and  exchange  of  data.  Those 
implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 119(2)."  

(60) 

in Article 114, paragraph 1 is replaced by the following: 

For  the  purpose  of  this  Regulation  each  Member  State  shall  set  up 
"1. 
before  1  January  2012  at  the  latest  an  official  website  accessible  via  Internet 
and containing the information listed in Articles 115 and 116. Member States 
shall  communicate  the  Internet  address  of  their  official  website  to  the 
Commission.  The  Commission  may  decide  to  develop,  by  means  of 
implementing  acts,  common  standards  and  procedures  to  ensure  transparent 
communication between the Member States themselves as well as between the 
Member  States,  the  t  body  designated  by  it  and  the  Commission,  including 
transmission of regular snapshots on records of fishing activities in relation to 
fishing possibilities." 

(61) 

(62) 

in Article 116, paragraph 6 is deleted. 

the following new Article 116a is inserted before Title XIII: 

"Article 116a 

Detailed rules for implementation of provisions on websites and web 
services 

"The  Commission  shall  lay  down  detailed  rules  concerning  the  operation  of 
implementing  acts.  Those 
websites  and  web  services  by  means  of 
implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 119(2)" 

(63) 

in Article 117, paragraph 4 is replaced by the following:  

"4. The Commission shall be empowered to adopt, by means of implementing 
acts, rules on mutual assistance concerning:  

(a) 

administrative  cooperation  between  Member  States,  third  countries,  the 
Commission  and  the  body  designated  by  it,  including  protection  of 
personal data and use of  information and protection of professional and 
commercial secrecy, 

(b) 

costs of executing a requests for assistance, 

(c)  designation of Member States' single authority,  

(d) 

(e) 

communication  of  follow-up  measures  taken  by  national  authorities 
further to exchange of information, 

request  for  assistance,  including  requests  for  information,  requests  for 
measures  and  requests  for  administrative  notifications  and  establishing 
deadlines for replies, 

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(f) 

information without prior request, 

(g)  Member States' relations with the Commission and with thrid countries. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  the 
examination procedure referred to in Article 119(2). 

(64) 

in Article 118, paragraph 5 is replaced by the following:  

"5. 
The Commission shall lay down detailed rules concerning the content 
and  the  format  of  the  reports  by  Member  States,  by  means  of  implementing 
acts.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 119(2)." 

(65) 

Article 119 is replaced by the following: 

"Article 119 

Committee procedure 

The Commission shall be assisted by the Committee for Fisheries and 
1. 
Aquaculture established by Article 30 of Regulation (EC) No 2371/2002. That 
committee  shall  be  a  committee  within  the  meaning  of  Regulation  (EU)  No 
182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation 

2. 
(EU) No 182/2011 shall apply." 

(66) 

the following new Article 119a is inserted: 

"Article 119a 

Exercise of the delegation  

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission 

1. 
subject to the conditions laid down in this Article.  

2. 
The  delegation  of  powers  referred  to  in  Articles  7(6),  8(2),  9(10), 
14(11),  15(9),  17(6),  21(6),  22(7),  49(2),  51(1),  52(3),  58(10),  58(11),  59(5), 
60(7), 65(1), 65(2), 73(9), 74(6), 75(2), 92(5a), and 107(4) shall be conferred 
for an indeterminate period of time.  

The  delegation  of  powers  referred  to  in  Articles  7(6),  8(2),  9(10), 
3. 
14(11),  15(9),  17(6),  21(6),  22(7),  49(2),  51(1),  52(3),  58(10),  58(11),  59(5), 
60(7), 65(1), 65(2), 73(9), 74(6), 75(2), 92(5a), and 107(4) may be revoked at 
any  time  by  the  European  Parliament  or  by  the  Council.  A  decision  of 
revocation  shall  put  an  end  to  the  delegation  of  the  power  specified  in  that 
decision. It shall take effect the day following the publication of the decision in 
the Official Journal of the European Union or at a later date specified therein. 
It shall not affect the validity of any delegated acts already in force. 

As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

4. 
simultaneously to the European Parliament and to the Council.  

A delegated act adopted pursuant to Articles 7(6), 8(2), 9(10), 14(11), 
5. 
15(9),  17(6),  21(6),  22(7),  49(2),  51(1),  52(3),  58(10),  58(11),  59(5),  60(7), 
65(1), 65(2), 73(9), 74(6), 75(2), 92(5a), and 107(4) shall enter into force only 
if  no  objection  has  been  expressed  either  by  the  European  Parliament  or  the 
Council within a period of 2 months of notification of that act to the European 
Parliament and the Council or if, before the expiry of that period, the European 

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Parliament and the Council have both informed the Commission that they will 
not  object.  That  period  shall  be  extended  by  2  months  at  the  initiative  of  the 
European Parliament or the Council." 

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

Article 2 

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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