26.5.2011 EN Official Journal of the European Union L 138/59
COMMISSION IMPLEMENTING DECISION
of 24 May 2011
establishing a specific control and inspection programme for pelagic fisheries in Western Waters of the North East Atlantic
(notified under document C(2011) 3415)
(Only the Danish, Dutch, English, Estonian, French, German, Latvian, Lithuanian, Polish, Portuguese and Spanish texts are authentic)
(2011/310/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (1), and in particular Article 95 thereof,
Whereas:
(1) Fisheries exploiting herring, mackerel, horse mackerel, anchovy and blue whiting stocks (hereinafter referred to as ‘pelagic fisheries’) in EU waters of ICES zones V to IX (hereinafter referred to as ‘Western Waters’) are subject to conservation and control measures provided for, inter alia:
— by Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries (2),
— by Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock (3),
— by Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (4).
(2) Landings of quantities exceeding 10 tonnes of herring, mackerel and horse mackerel caught in ICES zones I to X, XII and XIV and EU waters of CECAF are subject to procedures laid down by Commission Regulation (EC) No 1542/2007 (5).
(3) As a general rule, pelagic fishing activities in Western Waters, including landings and transhipments of pelagic species are subject to the control measures laid down by Regulation (EC) No 1224/2009.
(4) In order to ensure, at Union level, the uniform and effective application of those conservation and control measures, it is necessary to establish a specific control and inspection programme involving Denmark, Germany, Estonia, Ireland, Spain, France, Latvia, Lithuania, the Netherlands, Poland, Portugal, and the United Kingdom.
(5) That specific control and inspection programme should be set up for the period from the entry into force of this Decision to 31 December 2012.
(6) The specific control and inspection programme should include common rules for the control and inspection activities to be carried out by the competent authorities of the Member States concerned. Those rules should establish benchmarks for the intensity of control and inspection activities as well as control and inspection priorities and procedures. The Member States concerned shall adopt the necessary measures in accordance with those common rules.
(7) Where a large part of the catches by pelagic fisheries is exported to third countries, it is appropriate to extend control and inspection activities throughout the whole chain, including trade.
(8) Joint inspection and surveillance activities between Member States should be carried out, where applicable, in accordance with a Joint Deployment Plan established by the Community Fisheries Control Agency (CFCA) pursuant to Article 9 of Council Regulation (EC) No 768/2005 (6).
(9) The results obtained by the application of the specific control and inspection programme should be periodically evaluated by the Member States concerned, where possible by the CFCA.
(10) The measures provided for in this Decision have been established in concert with the Member States concerned.
(11) The measures provided for in this Decision are in accordance with the opinion of the Committee for Fisheries and Aquaculture,
Subject matter
This Decision establishes a specific control and inspection programme in order to ensure the uniform and effective implementation of conservation and control measures applicable to pelagic fisheries in Western Waters.
Scope
1.   The specific control and inspection programme covers:
(a) all fishing activities, including landings and transhipments, by fishing vessels of pelagic species in Western Waters;
(b) all post-landing activities, including weighing, marketing, freezing, processing, storage, takeover, transport, import and export of pelagic species caught in Western Waters.
2.   The specific control and inspection programme shall apply as from its entry into force until 31 December 2012.
3.   The specific control and inspection programme shall be implemented by Denmark, Germany, Estonia, Ireland, Spain, France, Latvia, Lithuania, the Netherlands, Poland, Portugal and the United Kingdom.
Definitions
For the purposes of this Decision the following definitions shall apply:
(a) ‘pelagic species’ means herring, mackerel, horse mackerel, anchovy and blue whiting;
(b) ‘pelagic fisheries’ means the fisheries exploiting herring, mackerel, horse mackerel, anchovy and blue whiting stocks;
(c) ‘Western Waters’ means EU waters of ICES zones V to IX;
(d) ‘import’ means importation as defined in Article 2(11) of Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (7);
(e) ‘export’ means exportation as defined in Article 2(13) of Regulation (EC) No 1005/2008.
Common rules and national measures
1.   The common rules for the specific control and inspection programme, in particular the objectives, priorities and procedures as well as the benchmarks for inspection, are set out in Annex I.
2.   The measures for the implementation of the specific control and inspection programme, adopted by Member States pursuant to Article 95(4) of Regulation (EC) No 1224/2009, shall regulate the matters listed in Annex II.
Cooperation between Member States and with third countries
1.   The Member States referred to in Article 2(3) shall cooperate for the implementation of the specific control and inspection programme.
2.   All other Member States shall cooperate with the Member States referred to in Article 2(3) and with the competent authorities of third countries for the implementation of the specific control and inspection programme.
3.   When Member States cooperate in the framework of Chapter III of Regulation (EC) No 768/2005, part or the whole of the specific control and inspection programme may be implemented by way of a joint deployment plan adopted by the Community Fisheries Control Agency (CFCA).
Joint inspection and surveillance activities
1.   The Member States referred to in Article 2(3) shall undertake joint inspection and surveillance activities and, where applicable, in the framework of Chapter III of Regulation (EC) No 768/2005.
2.   For the purpose of joint inspection and surveillance activities, the Member States concerned shall:
(a) ensure that inspectors from other Member States concerned are invited to participate in joint inspection and surveillance activities;
(b) establish joint operational procedures applicable to their surveillance crafts.
3.   Commission officials and Community inspectors may participate in joint inspection and surveillance activities.
Information
1.   The Member States referred to in Article 2(3) shall communicate by electronic means to the Commission and to the CFCA, by the 10th day of each quarter, the following information concerning the preceding quarter:
(a) the inspection and control activities carried out;
(b) all infringements detected, including for each infringement the identification of:
(i) the fishing vessel (name, flag and external identification code) or the enterprise engaged in the processing and/or trade of pelagic species concerned;
(ii) the date, time and location of the inspection; and
(iii) the nature of the infringement;
(c) the current state of play concerning the follow-up of infringements detected.
2.   An infringement shall continue to be listed on each subsequent report until the action is concluded under the laws of the Member State concerned. Each subsequent report shall:
(a) indicate the current status of the case (e.g. case pending, under appeal, still under investigation); and
(b) describe in specific terms any penalties imposed (e.g. level of fines, value of forfeited fish and/or gear, written warning given).
3.   Reports shall include an explanation if no action has been taken following the detection of an infringement.
Evaluation
The Member States referred to in Article 2(3), shall, by 31 March of 2013, send to the Commission and to the CFCA an evaluation report concerning the control and inspection activities carried out under this specific control and inspection programme.
Addressees
This Decision is addressed to the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Kingdom of Spain, the French Republic, the Republic of Latvia, the Republic of Lithuania, the Kingdom of the Netherlands, the Republic of Poland, the Portuguese Republic and the United Kingdom of Great Britain and Northern Ireland.