Tag Archives: Community waters

Fisheries control system

Fisheries control system

Outline of the Community (European Union) legislation about Fisheries control system

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Maritime Affairs And Fisheries > Management of fisheries resources and the environment

Fisheries control system

The control system applies to all fishing activities in Community waters, and to the fishing activities of Community vessels and European Union nationals in Community and non-Community waters. It also applies to the processing and marketing of fishery products, recreational fishing involving sensitive stocks, and aquaculture.

Document or Iniciative

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.

Summary

The restructuring of the Community fisheries control system has modernised the Community system for the control, inspection and execution of common fisheries policy (CFP) measures throughout the marketing chain.Generally, all aspects relating to the control and monitoring of fishing activities have been rendered more effective.

Control and monitoring of fishing activities

Member States are to carry out inspections of activities throughout the production chain for fishery products, in particular landing, processing, transport and marketing. The use of modern inspection technologies such as the Satellite-based Vessel Monitoring System (VMS), electronic logbooks and the electronic notification of catch data has been extended. The collection, processing and analysis of fishing data have been considerably enhanced. A systematic catch weighing system has been introduced. A new system of traceability for fishery products will allow fishery products to be monitored from the vessel to the retailer.

New measures, such as risk analysis largely based on systematic and full cross-checks of all relevant data, aimed at concentrating inspection activities where the risk of illegal behaviour is highest, will strengthen the effectiveness of controls.

Among the other new fields covered by the Regulation is the monitoring of certain criteria of fleet management by Member States, such as fishing capacity and engine power. General standards are established for specific control measures concerning multiannual plans and recovery, restricted fishing areas and discards. The principles of a new system of control observers have been established.

Inspection powers

The Regulation broadens the Commission’s powers of inspection. The Commission can now, under certain conditions, carry out independent inspections without giving prior notice to the Member State concerned.

Sanctions

The Regulation introduces dissuasive sanctions the extent of which is fixed in a harmonised way throughout the European Union (EU) according to the value of the fishery products obtained when a serious offence is committed. The Regulation provides for a system of penalty points for serious offences concerning holders of fishing permits and masters, who will, as a last resort and after several suspensions of the fishing permit, have their permit withdrawn if they have committed a certain number of serious offences. Measures are also laid down against Member States which do not comply with CFP rules and thus endanger fish stocks. These measures include the possibility of suspending or reducing EU financial aid, the closure of fisheries and deduction of quotas.

Cooperation between Member States

The Regulation establishes a system of mutual assistance and systematic information exchange as regards controls between Member States. It also proposes a new approach to managing and communicating data relating to controls through secure national websites with direct remote access for the Commission.

Coordination authority

The Regulation extends the competences of the Community Fisheries Control Agency in order that it may provide more concrete assistance in the uniform implementation of the new control system. When facing a serious risk for the CFP, it may also, if appropriate, set up an emergency unit.

Under the CFP, control and enforcement fall within the exclusive jurisdiction of Member States. The Regulation also reaffirms the distinct roles of the Commission and Member States in order to avoid overlapping and to ensure that the Commission concentrates its efforts on its main activities – controlling and verifying the implementation of CFP rules by Member States. The new Regulation replaces the existing legal framework established in Council Regulation (EEC) No 2847/93.

REFERENCES

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1224/2009

1.1.2010

OJ L 343 of 22.12.2009

RELATED ACTS

Specific control and inspection programme

Commission Decision 2010/210/EU of 6 April 2010 amending Decision 2009/296/EC establishing a specific control and inspection programme related to the recovery of bluefin tuna in the Eastern Atlantic and the Mediterranean [Official Journal L 89 of 9.4.2010].

Autorisation to fish in third-country waters

Autorisation to fish in third-country waters

Outline of the Community (European Union) legislation about Autorisation to fish in third-country waters

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Maritime Affairs And Fisheries > External relations and enlargement

Autorisation to fish in third-country waters

Document or Iniciative

Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94.

Summary

This Regulation lays down the procedures to be followed for the granting of fishing authorisations *. These authorisations permit Community fishing vessels to engage in their activities outside Community waters and third country fishing vessels to engage in fishing activities in Community waters. Authorisations are granted in the light of a certain number of eligibility criteria associated with the international obligations entered into by the Community and the provisions of this Regulation.

FISHING ACTIVITIES OF COMMUNITY VESSELS OUTSIDE COMMUNITY WATERS

To engage in fishing activities in third country waters, Community vessels must obtain an authorisation issued in accordance with this Regulation.

Granting of fishing authorisations

The flag Member State shall transmit the applications for fishing vessels flying its flag to the Commission no later than five working days before the deadline stated in the agreement or in accordance with the arrangement provided for in the agreement with the third country.

The Commission shall verify the applications in accordance with the eligibility criteria and shall ensure that the eligible applications are transmitted to the third country concerned.

The Commission shall inform the flag Member State that the third country concerned has decided to grant or not to grant the fishing authorisation for a particular vessel.

The flag Member State shall notify this information to the owner of the fishing vessel.

Applications shall be processed electronically.

The Commission shall not transmit the applications to the third country concerned if the eligibility criteria are not complied with.

Community information system

The Commission shall set up a Community information system containing the information relating to the authorisations issued in accordance with this Regulation. This electronic system shall be secure. Member States shall ensure that the information which it contains is up-to-date at all times.

Suspension or withdrawal of a fishing authorisation

If the third country decides to suspend or withdraw a fishing authorisation for a vessel flying the flag of a Member State, the Commission shall inform the State concerned immediately. The flag Member State must then either temporarily suspend or permanently withdraw the fishing permit granted to the vessel concerned.

Underutilisation of fishing opportunities

To ensure that the fishing opportunities made available to the Community under the fishing agreements are fully utilised, the Commission may, in accordance with certain criteria, temporarily reallocate the fishing opportunities not utilised by a Member State to one or more other Member States.

FISHING ACTIVITIES OF THIRD COUNTRY VESSELS IN COMMUNITY WATERS

To engage in fishing activities in Community waters, third country vessels must obtain a fishing authorisation from the Commission.

Granting of fishing authorisations

The competent authorities of the third country shall submit to the Commission, through electronic transmission, the applications for fishing authorisations for vessels flying the flags of those third countries.

The Commission shall examine the applications for fishing authorisations in accordance with the eligibility criteria and taking account of the fishing opportunities allocated to the third country and shall issue the fishing authorisations in accordance with the measures adopted by the Council and the provisions contained in the agreement concerned.

The Commission shall inform the competent authorities of the third country and of the Member States of the fishing authorisations issued.

Failure to comply with relevant rules

Member States shall notify the Commission as soon as they record a third country fishing vessel committing an infringement in Community waters. No fishing permit shall be then issued to the fishing vessels from the third country concerned for a period not exceeding twelve months.

Transmission of catches and fishing effort

The Regulation lays down provisions relating to the declaration of catch data and, where appropriate, fishing effort.

CONTEXT

This Regulation follows on from the 2006-2008 Action Plan for simplifying and improving the Common Fisheries Policy.

This Regulation repeals Regulation (EC) No 3317/94.

Key terms of the Act
  • Fishing autorisation: the entitlement to engage in fishing activities during a specified period, in a given area or for a given fishery.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1006/2008

18.11.2008

OJ L 286 of 29.10.2008