Draft Implementation Regulation for Regulation EU No 12242009

Draft Implementation Regulation for Regulation (EU) No 1224/2009

CONTENT OF THE PROPOSAL Drafting principles • Limitation to rules that need to be adopted for the application of Regulation (EC) No 1224/2009 • Consolidation of all rules in one single implementation regulation, i. e. incorporation of content of already existing regulations even if no change of substance • Structure of implementation regulation follows the control regulation • Avoidance of repetions of text of Reg. (EU) No 1224/2009 Reform of the control system applicable to the Common Fisheries Policy 2

CONTENT OF THE PROPOSAL Fishing licences • Format of fishing licences will not be changed • List of fishing licences is to be placed on the secure part of Member States’ websites Reform of the control system applicable to the Common Fisheries Policy 3

CONTENT OF THE PROPOSAL Fishing authorisations • Fishing authorisations will replace special fishing permits • List of fishing authorisations is to be placed on the secure part of Member States’ websites • Obligation of Member States to make available the list of fishing authorisations at the beginning of the year and to keep it up to date during the year Reform of the control system applicable to the Common Fisheries Policy 4

CONTENT OF THE PROPOSAL Marking and identification of fishing vessels and fishing gear • Text incorporates: › Regulation (EEC) 1381/87 on the marking and › documentation of fishing vessels; Regulation (EC) No 356/2005 on marking and identification of passive fishing gear and beam trawlers • All fishing vessels above 12 have to have documentation on board • A new rule on the marking of non passive gear excluding beam trawls (necessary for application of Article 48 of Regulation (EC) No 1224/2009) Reform of the control system applicable to the Common Fisheries Policy 5

CONTENT OF THE PROPOSAL Vessel Monitoring System • Incorporation of Regulation (EC) No 2244/2003 on VMS for Union fishing vessels but adapted to Regulation (EC) 1224/2009 • Reduction of transmission interval to generally one hour • Automatic transmission of VMS data to Commission for a specific group of vessels on request • Abolition of half-yearly reports Reform of the control system applicable to the Common Fisheries Policy 6

CONTENT OF THE PROPOSAL Control of fisheries I Rules for logbook, transhipment/landing declaration in paper format • Incorporation of Regulation (EEC) No 2807/83, including differentiation between fishing zones in NAFO 1 and ICES V(a) and XIV • Instructions taken from Regulation (EEC) NO 2807/83 but redrafted to increase readabiliy • Specific rules for paper logbook, paper transhipment declaration and landing declaration Reform of the control system applicable to the Common Fisheries Policy 7

Control of fisheries II CONTENT OF THE PROPOSAL Rules for logbook, transhipment/landing declaration in electronic format • Incorporation of Regulation (EC) No 1077/2008 • Transmission format will be subject of separate technical meetings • Duration of data access failure for the transmission of ERS data when coastal Member State has to notify flag Member State reduced to two hours Reform of the control system applicable to the Common Fisheries Policy 8

CONTENT OF THE PROPOSAL Control of fisheries III Common rules for logbook, transhipment/landing declaration in paper or electronic format • Conversion factors: Incorporation of Regulation (EC) 409/2009 as amended by 1282/2009 • Margin of tolerance to be expressed as a percentage of the actual determined live weight equivalent of each species retained on board • Logbook: › Live bait to be considered as a species caught and kept on board • Transhipment declaration: › In case of discrepancy between quantities transhipped and received higher quantity to be considered to have been transhipped • Landing declaration: › In case of fishing operations involving several vessels the catch is to be attributed to the vessel landing the catch Reform of the control system applicable to the Common Fisheries Policy 9

CONTENT OF THE PROPOSAL Control of fisheries IV Methodology for sampling plans for fishing vessels below 10 m based • Methodology based on the identification of non-compliance risk factors and their relative importance • Fixing of inspection benchmarks in line with non-compliance risk • Sampling plans to be evaluated by STECF • Collection of catch data in parallel for verification purposes • Reassessment of risk factor if too large a discrepancy between collected and calculated capture data Reform of the control system applicable to the Common Fisheries Policy 10

CONTENT OF THE PROPOSAL Control of fisheries V Corrective measures • Apply in cases of a closure of a fishery by the Commission • Affected Member States are to inform Commission of any prejudice within 15 days • For the Commission to take necessary measures: › Additions and deductions of quotas › Other measures where appropriate Reform of the control system applicable to the Common Fisheries Policy 11

CONTENT OF THE PROPOSAL Control of fisheries VI Control of engine power • Certification of maximum continuous engine power of more than 120 k. W in accordance with Regulation (EEC) No 2930/86 • Verification of engine power: › Sampling plan for identification of fishing vessels with risk of underdeclaration of engine power; › Criteria: being subject to fishing effort regime/limitation of vessel power resulting from national or EU law; ratio of vessel power (k. W) to vessel tonnage (GT) of less than 20% of the average ratio of the same type of fishing vessels, gear type and target species › Risk vessels subject to random sample equal to the integral part of the square root of number of fishing vessels in the group concerned › Rules on carrying out physical measurements. Reform of the control system applicable to the Common Fisheries Policy 12

CONTENT OF THE PROPOSAL Control of fisheries VII Recreational fisheries • Sampling plans for the collection of annual data • Sampling plans have to: › Be stable over time › Be standardised within regions › Be in accordance with quality standards established by international scientific bodies › Include samling design for the estimation of catches of recovery stocks › Include a sampling design for the estimation of fishing vessels and persons involved in recreational fisheries • Notification of sampling plans two months after entry into force of a recovery plan • Recommendations of STECF for specific management measures Reform of the control system applicable to the Common Fisheries Policy 13

CONTENT OF THE PROPOSAL Control of marketing I Traceability system • Applies to all fisheries products defined in Article 1 of Regulation (EC) No 104/2000 • All fisheries products to be put into lots • Information on fisheries products affixed to lot (barcode or electronic chips possible) • Accessibility of affixed information Reform of the control system applicable to the Common Fisheries Policy 14

CONTENT OF THE PROPOSAL Control of marketing II Information for the consumer • Applies to products falling under chapter 3 of the Combined Nomenclature • Indication on label or packaging: › Commercial designation › Geopraphical area › Production method › Information whether products have been previously frozen or not • Scientific names at retail level to be provided by bill boards or posters Reform of the control system applicable to the Common Fisheries Policy 15

CONTENT OF THE PROPOSAL Control of marketing III Weighing • General principle: Everything to be weighed on landing unless exempt following application of risk based sampling plan, in particular for weighing after transport or on board • Weighing of fresh fish to be carried out before the fisheries products are processed, held in storage, transported from the port of landing or offered for sale. • All weighing systems have to be calibrated and sealed • Deduction of water for pelagic species of 2% and 0% for others • Incorporation of Regulation (EC) No 1542/2007 on landing and weighing procedures for herring, mackerel and horse mackerel Reform of the control system applicable to the Common Fisheries Policy 16

CONTENT OF THE PROPOSAL Control of marketing IV Weighing – sampling plans • Sampling plans for weighing based on risk based methodology. Criteria for risk assessment: › › › Species under recovery/management plan; Value of species; Monitoring equipment; Previous records of compliance; Quota availability. • No application of tolerance margin of catch is weighed on board Reform of the control system applicable to the Common Fisheries Policy 17

CONTENT OF THE PROPOSAL Control of marketing V Sales notes • Format of electronic sales notes – same format as for the electronic logbook (annex XI) • List of operators with annual turnover of more than 200, 000 EUR subject to electronic transmission of sales notes • Basically maintenance of relevant rules of Regulation (EC) No 1077/2008 Reform of the control system applicable to the Common Fisheries Policy 18

CONTENT OF THE PROPOSAL Surveillance • The content of a surveillance report • Information to be entered into national database • Availability of report data for three years Reform of the control system applicable to the Common Fisheries Policy 19

CONTENT OF THE PROPOSAL Control observers • General prinicples: › › Designation by Member States; Ability of control observers to do their job No performance of other tasks Independent means of communication • Independance of control observers › No relative or an employee of the master/crew member/operator/owner of the vessel or an employee of a company controlled by master/crew member/operator/owner of the vessel • Duties of control observers › Verification of relevant documents and records › Reporting of any serious infringements › Drawing up of reports Reform of the control system applicable to the Common Fisheries Policy 20

CONTENT OF THE PROPOSAL Inspection I General provisions • Officials have to: › Be duly qualified and authorised › Have adequate powers for control • Risk based approach for the selection of inspection targets • Collection of relevant data before inspection • Duties of officials during inspections • Obligations of Member States Reform of the control system applicable to the Common Fisheries Policy 21

CONTENT OF THE PROPOSAL Inspection II Inspection at sea • Visibility of inspection craft • Rules during boarding of inspected vessel • On board activities Reform of the control system applicable to the Common Fisheries Policy 22

CONTENT OF THE PROPOSAL Inspection III Inspections in port • • Preparation of inspection List of items to be verified Monitoring of a landing from the beginning to the end Fixing of inspection benchmarks for certain pelagic landings Reform of the control system applicable to the Common Fisheries Policy 23

CONTENT OF THE PROPOSAL Inspection IV Transport and market inspection • • • Transport inspection possible at any moment anywhere Establishment of elements to be checked Transport inspection shall include physical examination where possible Physical examination of transported fisheries products shall involve a representative sample Verification of serial numbers of sealed vehicles or containers Market inspection › Establishment of elements to be checked; › Control of fisheries products withdrawn from the market; Reform of the control system applicable to the Common Fisheries Policy 24

CONTENT OF THE PROPOSAL Inspection V Duties of Operators • • Facilitating the work of officials Ensuring the safety of officials Allowing access of officials to all relevant rooms Allowing officials to communicate with authorities of flag Member State • No obligation to reveal commercially sensitive information over open radio Reform of the control system applicable to the Common Fisheries Policy 25

CONTENT OF THE PROPOSAL Inspection VI Inspection report and electronic database • Establishment of the information to be contained in inspection report • Communication of findings to person in charge of entity • Rules for inspection reports in paper • Possibility of establish inspection reports electronically • A copy of the inspection report to be given to operator • Entry of paper and electronic inspection reports in an electronic database Reform of the control system applicable to the Common Fisheries Policy 26

CONTENT OF THE PROPOSAL Inspection VII Union inspectors • List of Union inspectors to be established by the Commission • Union inspectors have to comply with EU law and national law • Daily reports of their activities to coastal Member State • Full inspection report to flag Member State and coastal Member State • Member States are obliged to act on findings of Union inspectors Reform of the control system applicable to the Common Fisheries Policy 27

CONTENT OF THE PROPOSAL Point system for serious infringements • • • List of points to be attributed for serious infringements Certain margin for points to be attributed First suspension after 12 points Proportional prolongation of suspension for every point above 12 Deletion of points for certain behaviours (carrot and stick approach) • Administration of points by single authority of flag Member State • Obligation for Member States to establish similar system for masters Reform of the control system applicable to the Common Fisheries Policy 28

CONTENT OF THE PROPOSAL Measures to ensure compliance by Member States • Implementation rules limited to procedural matters • Interruption of payment deadlines already possible in case of evidence that suggests compliance failure or in need of additional verifications • Information of Member State of the reasons of the interruption of the payment deadline/suspension with request to communicate to Commission of remedial actions within one month/specified period. • Suspension and cancellation on the basis of a rate to be determined taking into account the criteria in Article 103(5) of Regulation (EC) No 1224/2009 • Possibility of recovery of advanced funds for projects under Regulation (EC) 861/2009 Reform of the control system applicable to the Common Fisheries Policy 29

CONTENT OF THE PROPOSAL Deduction of fishing opportunities I Excess of fishing opportunities • Procedural issues will be clarified: › Rate of utilisation of fishing opportunities is established on › › › the basis of catches of 15 February following the quota year; Possibility for Member States to exchange quotas until 15 January and fishing effort until 10 February following the quota/effort year; Relevant national fishing opportunities those available at the end of the quota/effort year. Deadline for consultation in case of the deduction of other than exceeded fishing opportunities Reform of the control system applicable to the Common Fisheries Policy 30

CONTENT OF THE PROPOSAL Deduction of fishing opportunities II Deduction for incompliance • Rules limited to procedural matters • Deductions are to be proportional to the extent and the nature of non-compliance • Possibility after consultation with Member State concerned to deduct other quotas than those to which the non-compliance relates if related quotas are insufficient Reform of the control system applicable to the Common Fisheries Policy 31

CONTENT OF THE PROPOSAL Analysis and audit of data • System to be established by Member States by end 2013 • Definition of minimum elements to be stored and crosschecked • Validation on the basis of automated computerised algorithms in a continuous and systematic way and without human intervention • All relevant databases to be linked • Immediate identification of inconsistencies • Inclusion of the follow-up of inconsistencies in the system • Real time access of Commission or CFCA to all relevant data Reform of the control system applicable to the Common Fisheries Policy 32

CONTENT OF THE PROPOSAL Websites of Member States • Based on web services generating real time and dynamic content • Possibility for the Commission to pull all data from official websites at any time • Layout for official websites (overview page with hyperlinks to different subpages on items referred to in Articles 115 and 116 of Reg. (EU) No 1224/2009) • Operation of web services and websites in a centralised manner Reform of the control system applicable to the Common Fisheries Policy 33

CONTENT OF THE PROPOSAL Mutual assistance • Objective is an enhanced level of cooperation between Member States, the Commission and the CFCA • Text largely identical to Title IV of Reg. (EU) No 1010/2009 • All requests channeled through single authorities of Member States • Covered are information, enforcement measures and administrative notifications including information from the national register of infringements Reform of the control system applicable to the Common Fisheries Policy 34

CONTENT OF THE PROPOSAL Reporting obligations and final provisions • Definition of data to be used in five years report • Deletion of regulations that have been incorporated in the proposal • Entry into force after publication except for point system which enters into force six months later Reform of the control system applicable to the Common Fisheries Policy 35