CELEX: 52013PC0009
Language: en
Date: 2013-01-18
Title: 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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		52013PC0009
		
			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 /* COM/2013/09 final - 2013/0007 (COD) */
			
				
		
		
			
			   	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
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. 
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)       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 policy[1] confers powers upon the
Commission in order to implement some of the provisions of that Regulation. 
(2)       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.
(3)       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;
–     
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)       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.
(5)       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;
–     
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.
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 powers[2].
(6)       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.
(7)       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:
         "14.      'fishing restricted
area' means any marine area under the jurisdiction of 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. 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). 
         6.          The Commission
shall be empowered to adopt delegated acts in 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)         
rules for the marking of crafts;
(c)          
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)          
the requirements of satellite-tracking devices
on fishing vessels;
(b)         
the characteristics of satellite-tracking
devices;
(c)          
the responsibilities of the masters concerning
the satellite-tracking devices;
(d)         
the control measures to be adopted by flag Member State;
(e)          
the frequency of data transmission;
(f)           
the monitoring of entry into and exit from
specific area;
(g)          
the transmission of data to the coastal Member State;
(h)          
the measures to be taken in case of a technical
failure or non-functioning of the satellite-tracking device;
(i)            
the non-receipt of data;
(j)           
the monitoring and recording of the fishing
activities;
(k)         
the acces to data by the Commission.
              (b) Paragraph 11 is added:
         "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: 
              (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:
         "9.        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 to data and measures to be taken in
case of data access failure.
         10.        The Commission shall lay
down detailed rules on
(a)          
the requirement of electronic recording and
reporting systems on Union fishing vessels;
(b)         
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)          
the format for exchange of information between
Member States;
(f)           
the exchange of data between Member States; 
(g)          
the tasks of the single authority;
(h)          
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:
         "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         Detailed rules on 
(a)          
the completion and submission of transhipment
declaration in paper format;
(b)         
models for transhipment declarations in paper
format to be used; 
(c)          
instructions for the completion and submission
of transhipment declarations in paper format;
(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:
         "7.        The Commission shall
be empowered to adopt delegated acts in 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.        The Commission shall
lay down rules on
(a)          
the requirement of electronic recording and
reporting systems on Union fishing vessels;
(b)         
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)          
the format for exchange of information between
Member States;
(f)           
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.        The Commission shall
lay down detailed rules on
(a)          
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)          
the requirement of electronic recording and
reporting systems on Union fishing vessels;
(b)         
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)          
the format for exchange of information between
Member States;
(f)           
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)."
(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)        Article 32 is deleted. 
(18)        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)."
(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:
         "2.        If the prejudice
suffered by the Member State for which fishing has 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 in
proportion to 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)."
(21)        in Article 38, paragraph 2 is
replaced by the following:            
         "2.        The Commission may
adopt, by means of implementing acts, detailed rules for the application of
this article regarding:
(a)          
the registration of fishing vessels;
(b)         
the verification of the engine power of fishing
vessels;
(c)          
the verification of the tonnage of fishing
vessels;
(d)         
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: 
         "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.
         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. 
         2.          The distance referred to
in paragraph 1 shall initially be at least five nautical miles, and two nautical
miles for fishing vessels of less than 12 metres overall. 
         3.          The Commission shall be
empowered to adopt delegated acts in 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." 
(31)        in Article 54, paragraph 1 is
replaced by the following:
         "1.        On the basis of the
information demonstrating that a trigger catch level 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.       The information
listed in points (a) to (f) of paragraph 5 shall not apply to:
(a)          
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. 
         7b.        The information listed in
points (a) to (h) of paragraph 5 shall not apply 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.
         9.          The value referred to in
paragraph 8 shall initially not exceed EUR 50 per day.
         10.        The Commission shall be
empowered to adopt delegated acts in accordance with the Article 119a concerning:
(a)          
the determination of fisheries and aquaculture
products to which this Article applies; 
(b)         
the physical affixing of information on
fisheries and aquaculture products;
(c)          
the cooperation between Member States on the
access to information affixed to a lot or physically accompanying a lot; 
(d)         
the determination of fisheries and aquaculture
products to which certain provisions of this Article do not apply;
(e)          
the information on the relevant geographical
area;
(f)           
the modification of the value provided for in
paragraph 9;
(g)          
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.
         4.          The weight threshold
referred to in paragraph 3 shall initially not 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:
         "1.        A Member State shall
ensure that all fishery products are weighed on 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:
         "7.        The Commission shall
be empowered to adopt delegated acts in accordance with Article 119a concerning
(a)          
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;
(b)         
the weighing records; 
(c)          
the time of weighing;
(d)         
the weighing systems;
(e)          
the weighing of frozen of fisheries products; 
(f)           
the deduction of ice and water; 
(g)          
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:
(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
         1.          By way of derogation from
Article 60(2), Member States may permit 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:
         "2.        "The Commission
shall lay down detailed rules concerning the 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 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. 
         2.          A buyer acquiring
products up to a certain weight threshold which is 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)          
the identification of vessels for the
application of a control observer scheme
(b)         
the communication system; 
(c)          
rules of security of the vessel;
(d)         
measures to ensure independence of control
observers; 
(e)          
the duties of control observers; 
(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)          
rules on the authorisation of the officials responsible
to conduct inspection at sea or on land; 
(b)         
the adoption by Member States of a risk-based
approach for the selection of inspection targets; 
(c)          
the coordination of control inspection and
enforcement activities among Member States; 
(d)         
the duties of officials during the
pre-inspection phase;
(e)          
the duties of officials authorised to conduct
inspections; 
(f)           
the obligations of Member States, Commission and
European Fisheries Control Agency; 
(g)          
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:
         "2.        The Commission shall
be empowered to adopt delegated acts in 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.
         3.          Union inspectors may be
assigned for:
(a)          
the implementation of the specific control and
inspection programmes adopted in accordance with Article 95;
(b)         
international fisheries control programmes,
where the Union is under an obligation to provide for controls.
         4.          For the accomplishment of
their tasks and subject to paragraph 5, Union inspectors shall have access
without delay to:
(a)          
all areas on board Union fishing vessels and any
other vessels carrying out fishing activities, public premises or places and
means of transport; and
(b)         
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)          
the notification of Union inspectors to the
Commission;
(b)         
the adoption and maintenance of the list of
Union inspectors;
(c)          
the notification of Union inspectors to Regional
Fisheries Management Organisations 
(d)         
the powers and duties of Union inspectors 
(e)          
the reports of Union inspectors;
(f)           
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:
         "5.        The Commission shall
be empowered to adopt delegated acts in accordance with Article 119a concerning:

(a)          
the points to be assigned for serious
infringements;
(b)         
the threshold of points triggering the
suspension and permanent withdrawal of a fishing licence; 
(c)          
the follow-up of suspension and permanent
withdrawal of a fishing licence;
(d)         
illegal fishing during the suspension period or
after the permanent withdrawal of a fishing licence;
(e)          
conditions justifying the deletion of
points."
         5a.        "The Commission shall
lay down detailed rules concerning 
(a)          
the setting up and operation of a point system
for serious infringements;
(b)         
the notifications of decisions;
(c)          
the transfer of ownership of vessels being
attributed points;
(d)         
the deletion of fishing licences of the
responsible for serious infringements from relevant lists;
(e)          
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:
         "1.        Certain fisheries may
be subject to specific control and inspection 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. 
         4.          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 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:
         "1.        The Commission may
decide to suspend, by means of implementing acts, for a maximum period of 18
months all or part of the payments of the 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)          
the interruption of the payment deadline;
(b)         
the suspension of payments;
(c)          
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:
         "4.        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 earlier years, the Commission, after
consultation of the Member State concerned, may, by means of 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). 
         5.          If a deduction according
to paragraphs 1 and 2 cannot be operated on 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.          The Commission may lay
down detailed rules concerning 
(a)          
the assessment of the adapted quota against
which the excess of utilisation shall be calculated;
(b)         
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.          The Commission may lay
down detailed rules concerning 
(a)          
the assessment of the maximum available effort
against which the excess of utilisation shall be calculated;
(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)          
the extent and nature of non-compliance, 
(b)         
the gravity of the threat to conservation,
(c)          
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
         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 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.
         2.          The temporary 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)          
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. 
(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:
         "1.        For the purpose of
this Regulation each Member State shall set up 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)        in Article 116, paragraph 6 is
deleted.
(62)        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 websites and web services by means
of implementing acts. Those 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)         
communication of follow-up measures taken by
national authorities further to exchange of information,
(e)          
request for assistance, including requests for
information, requests for measures and requests for administrative
notifications and establishing deadlines for replies,
(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
         1.          The Commission shall be
assisted by the Committee for Fisheries and 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.
         2.          Where reference is made
to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply."
(66)        the following new Article 119a is
inserted:
         "Article
119a
         Exercise
of the delegation 
         1.          The power to adopt
delegated acts is conferred on the Commission 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. 
         3.          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) 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.
         4.          As soon as it adopts a
delegated act, the Commission shall notify it simultaneously to the European
Parliament and to the Council. 
         5.          A delegated act adopted
pursuant to 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 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 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."
Article 2
This Regulation shall enter into force on
the twentieth day following that of its publication in the Official Journal
of the European Union.
This Regulation shall be binding
in its entirety and directly applicable in all Member States.
Done at Brussels, 
For the European Parliament                       For
the Council
The President                                                 The
President
[1]               OJ L 343, 22.12.2009, p.1
[2]               OJ L 55, 28.2.2011, p.13