Control Regulation
Fishing Offenses & Infractions
Does the law/regulation contain a list of "serious offenses"?
Article 90
- For the purposes of this Regulation, ‘serious infringement’ means an infringement listed in paragraph 2 or considered serious pursuant to paragraph 3.
- Any of the following activities shall constitute a serious infringement: (a) fishing without a valid licence, authorisation or permit issued by the flag State or the relevant coastal State; (b) falsifying or concealing markings, identity or registration of a fishing vessel; (c) concealing, tampering with, or disposing of, evidence relating to an investigation; (d) obstructing the work of officials or observers, in the exercise of their duties; (e) transhipping without the required authorisation or where such transhipment is prohibited; (f) conducting transfer operations or caging, in particular as referred to in Regulation (EU) 2023/2053 of the European Parliament and of the Council (*), in breach of the rules of the common fisheries policy; (g) transhipping from or to, conducting transfer operations with, participating in joint fishing operations with, or supporting or supplying vessels listed in the IUU vessel list of the Union or of a regional fisheries management organisation, as referred to in Articles 29 and 30 of Regulation (EC) No 1005/2008; (h) participating in the operation, management, ownership of, including as a beneficial owner as defined in Article 3, point (6), of Directive (EU) 2015/849 of the European Parliament and of the Council (**), or supplying services, including logistic, insurance and other financial services, to operators connected to, a vessel listed in the IUU vessel list of the Union or of a regional fisheries management organisation as referred to in Articles 29 and 30 of Regulation (EC) No 1005/2008; (i) carrying out fishing activities in contravention of the rules applicable in a fishing restricted area; (j) fishing for, catching, retaining on board, transhipping, landing, storing, selling, displaying or offering for sale species for which such activities are prohibited, subject to the conditions set out in Articles 10 and 11 of Regulation (EU) 2019/1241; (k) conducting fishing activities involving species subject to catch limits for which the operator does not have a quota or does not have access to the quota of the flag Member State, species for which the quota is exhausted, or species subject to a fishing moratorium, temporary prohibition or closed season, except accidental catches, unless the activity is a serious infringement under point (j); (l) operating, managing or owning a fishing vessel having no nationality and therefore a stateless vessel in accordance with international law; (m) using prohibited fishing gear or methods, as referred to in Article 7 of Regulation (EU) 2019/1241 or any other equivalent rules of the common fisheries policy; (n) falsifying documents, information or data, written on paper or stored in electronic form, referred to in the rules of the common fisheries policy; (o) manipulating an engine or a continuous engine power monitoring device with the aim of increasing the power of the vessel to exceed the maximum continuous engine power according to the engine certificate; (p) conducting fishing activities with the use of forced labour, as defined in Article 2 of the ILO Convention No 29 on Forced Labour.
- The following activities shall constitute a serious infringement where the competent authority of the Member State concerned determines that at least one of the criteria defined in Annex IV is met: (a) using falsified or invalid documents, information or data, written on paper or stored in electronic form, referred to in the rules of the common fisheries policy; (b) failing to fulfil obligations to accurately record, store and report data relating to fishing activities, including data to be transmitted by vessel monitoring systems, as well as data with regard to prior notifications, catch declarations, transhipment declarations, fishing logbooks, landing declarations, weighing records, take-over declarations, transport documents or sales notes as required under the rules of the common fisheries policy, except for obligations relating to the margin of tolerance as referred to in point (c); (c) failing to fulfil obligations to accurately record estimates of quantities within the permitted margin of tolerance, in accordance with Article 14(3) and (4) and Article 21(3) of this Regulation and Article 13 of Regulation (EU) 2016/1139 of the European Parliament and of the Council (***); (d) failing to fulfil obligations relating to the characteristics or use of fishing gear, acoustic deterrent devices, selectivity or fish aggregating devices, in particular as regards marking and identification, areas, depths, periods, number of gear and mesh sizes, or of the equipment for grading, water separation or processing, or failing to comply with measures to reduce incidental catches of sensitive species as required under the rules of the common fisheries policy, unless the activity is a serious infringement under paragraph 2; (e) failing to bring and retain on board the fishing vessel, including through slipping, or failing to land or, where applicable, tranship or transfer, species subject to the landing obligation, including catches below the minimum conservation reference size, in breach of the rules of the common fisheries policy applicable to fisheries or fishing zones; (f) carrying out fishing activities in the area of a regional fisheries management organisation in a manner inconsistent with, or in contravention of, applicable conservation and management measures of that organisation, unless the activity is a serious infringement under paragraph 2 or under other points of this paragraph; (g) making available on the market fishery or aquaculture products in breach of the rules of the common fisheries policy, unless the activity is a serious infringement under paragraph 2 or under other points of this paragraph; (h) conducting recreational fishing activities in breach of the rules of the common fisheries policy or selling fishery products from recreational fisheries; (i) committing multiple infringements of the rules of the common fisheries policy; (j) conducting any of the activities referred to in paragraph 2, point (g), in relation to a vessel engaged in IUU fishing as defined in Regulation (EC) No 1005/2008 and not listed in the IUU vessel list of the Union or of a regional fisheries management organisation; (k) using an engine power exceeding the maximum continuous engine power certified and recorded in the Member State fishing fleet register; (l) landing in ports of third countries without prior notification as referred to in Article 19a; (m) conducting business directly connected to IUU fishing, including trade in, import, export, processing and marketing of, fishery products stemming from IUU fishing; (n) illegally disposing of fishing gear or gear at sea from a fishing vessel.
- The Commission is empowered to adopt delegated acts in accordance with Article 119a to amend the criteria set out in Annex IV where there are clear indications that this is necessary to ensure effective and proportionate enforcement of the rules of the common fisheries policy by and across Member States. It shall take into account, in particular, advice of the expert group on compliance referred to in Article 37 of Regulation (EU) No 1380/2013 or the findings of the report drawn up by the Commission under Article 118(2) of this Regulation. Any such amendments shall not add any new criteria and shall repeal criteria only in exceptional cases.
Transshipment
Does the law/regulation provide for transshipment?
Article 20
Article 20 is amended as follows: (a) in paragraph 1, the words ‘places close to the shore’ are replaced by the words ‘at landing sites’; (b) the following paragraphs are inserted: ‘2a. Without prejudice to Article 4(4) of Council Regulation (EC) No 1005/2008 (*) and Article 43(3) of this Regulation, donor and receiving Union fishing vessels shall be authorised to tranship at sea outside Union waters or in ports of third countries only subject to an authorisation received by their flag Member State(s). 2b. In order to apply for an authorisation to tranship under paragraph 2a, masters of donor and receiving Union fishing vessels shall submit electronically to their flag Member State, at least 48 hours before the planned transhipment operation, the following information: (a) the unique fishing trip identification number(s) and, in the case of fishing vessels other than catching vessels, the unique fishing trip identification number(s) related to the catches; (b) the CFR number or, where that number is not available, another vessel identification number(s) and the name of both the donor and the receiving fishing vessels; (c) the FAO alpha-3 code of each species to be transhipped and the relevant geographical area(s) in which the catches were taken; (d) the estimated quantities of each species to be transhipped in kilograms in product weight and in live weight, broken down by type of product presentation and state of processing; (e) the port of destination of the receiving fishing vessel; (f) the date and time of the planned transhipment; (g) the geographical position or the specific name of the port in which the transhipment operation is planned. 2c. The Commission may, by means of implementing acts, lay down detailed rules on product presentation and the state of processing, in particular through codes and descriptions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Article 21
- Masters of Union fishing vessels involved in a transhipment operation shall complete an electronic transhipment declaration.
- The transhipment declaration referred to in paragraph 1 shall contain at least the following information: (a) the unique fishing trip identification number(s) and, in the case of fishing vessels other than catching vessels, the unique fishing trip identification number(s) related to the catches; (b) the CFR number or, where that number is not available, another vessel identification number(s) and the name of both the donor and the receiving fishing vessels; (c) the FAO alpha-3 code of each transhipped species and the relevant geographical area(s) in which the catches were taken; (d) the estimated quantities of each transhipped species in kilograms in product weight and in live weight, broken down by type of product presentation and state of processing, or, where appropriate, the number of individuals, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size; (e) the port or landing site of destination of the receiving fishing vessel and estimated date and time of arrival; (f) date and time of transhipment; (g) the geographical area or the designated port of transhipment; (h) the conversion factor(s) used.
- When compared with the quantities landed or with the result of an inspection, the permitted margin of tolerance in estimates recorded in the transhipment declaration of the quantities in kilograms of fish retained on board shall be as set out in Article 14(3) and (4).
- Masters of both the donor and the receiving fishing vessels shall each be responsible for the accuracy of the data recorded in their respective transhipment declarations.
- To convert stored or processed fish weight into live fish weight for the purposes of the transhipment declaration, masters of fishing vessels shall apply a conversion factor established in accordance with Article 14(12).
- The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by exempting certain categories of Union fishing vessels from the obligation laid down in paragraph 1 of this Article, taking into account the quantities and/or type of fishery products, distance between the fishing grounds, transhipping places and ports where the vessels concerned are registered.’.
Article 22
- Masters of Union fishing vessels shall submit by electronic means the information referred to in Article 21 to the competent authority of their flag Member State within 24 hours after completion of the transhipment operation.
- When a Union fishing vessel tranships its catches in a Member State other than its flag Member State, the competent authorities of the flag Member State shall immediately upon receipt forward the transhipment declaration data by electronic means to the competent authorities of the Member State where the catch was transhipped and where the catch is destined.
- The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by: (a) laying down the rules to be applied in the event of technical or communication failure or non-functioning of electronic recording and reporting systems for transhipment data; (b) adopting measures to be taken in the event of non-receipt of transhipment data; (c) adopting rules on the access to transhipment data and measures to be taken in the event of data access failure.
- The Commission may, by means of implementing acts, lay down detailed rules on: (a) the format and procedure for submission of the transhipment declaration; (b) the completion and electronic recording of the transhipment declaration data; (c) the functioning of the electronic recording and reporting system for transhipment data; (d) the requirements for the transmission of transhipment data from a Union fishing vessel to the competent authorities of its flag Member State and return messages from the authorities of the flag Member State. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Article 23
- The master of a Union fishing vessel, or a representative of the master, shall complete an electronic landing declaration.
- The landing declaration referred to in paragraph 1 shall contain at least the following information: (a) the unique fishing trip identification number; (b) the CFR number or, where that number is not available, another vessel identification number, and the name of the fishing vessel; (c) the FAO alpha-3 code of each species landed and the relevant geographical area in which the catches were taken; (d) the quantities of each species landed in kilograms of product weighed in accordance with Article 60 and in live weight, broken down by type of product presentation and state of processing, or, where appropriate, in number of individuals, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size; (e) the port of landing or landing site; (f) date and time of the completion of the landing or, in the event that the landing takes longer than 24 hours, the date and time of the start and of the completion of the landing;
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ELI: http://data.europa.eu/eli/reg/2023/2842/oj 35/105 (g) date and time of the completion of the weighing or, in the event that the weighing takes longer than 24 hours, the date and time of the start and of the completion of the weighing; (h) the name or an identification number of the operator referred to in Article 60(5); (i) the conversion factors used. 3. The accuracy of the data recorded in the landing declaration shall be the responsibility of the master. 4. In order to convert stored or processed fish weight into live fish weight for the purpose of the completion of the landing declaration, the master of a fishing vessel, or a representative of the master, shall apply a conversion factor established in accordance with Article 14(12).
Vessel Ownership & Legal Responsibility
Who is given legal responsibility to comply with the legislation: "operator," "owner," "master," "person," "vessel" or other?
Article 5
Article 5 is amended as follows: (a) in paragraph 5, the words ‘the Community Fisheries Control Agency established in accordance with Regulation (EC) No 768/2005’ are replaced by ‘EFCA’; (b) paragraph 6 is deleted.
Article 14
- The master of each Union catching vessel shall keep an electronic fishing logbook for the purpose of recording fishing activities.
- The fishing logbook referred to in paragraph 1 shall contain at least the following information: (a) the unique fishing trip identification number; (b) the common fleet register (CFR) number or, where that number is not available, another vessel identification number and the name of the catching vessel; (c) the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken; (d) the date and, for vessels of 12 metres in length overall or more, the time of catches; (e) the date and time of departure from, and of arrival to, port; (f) the type of fishing gear, its technical specifications and dimensions; (g) the estimated quantities in kilograms live weight or, where appropriate, the number of individuals, of each species retained on board, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size. For Union catching vessels of 12 metres in length overall or more, this information shall be provided per fishing operation; (h) estimated quantities of each species discarded in kilograms live weight or, where appropriate, in number of individuals; (i) where applicable, the conversion factor(s) used; (j) data required in application of fisheries agreements referred to in Article 3(1).
- When compared with the quantities landed or with the result of an inspection, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % per each species. For species retained on board the quantity of which does not exceed 100 kg of live-weight equivalent, the permitted margin of tolerance shall be 20 % per each species.
- By way of derogation from paragraph 3, in the case of fisheries referred to in Article 15(1), point (a), first and third indents, of Regulation (EU) No 1380/2013 for species which are landed unsorted, and in the case of tropical tuna purse seine fisheries for species which are landed unsorted, the following margins of tolerance shall apply: (a) in the case of landings in listed ports and subject to additional conditions concerning the landing and the weighing of catches in order to ensure accurate catch reporting: (i) for species representing 2 % or more in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % of the total quantity of all species recorded in the fishing logbook, per each species;
OJ L, 20.12.2023 EN
28/105 ELI: http://data.europa.eu/eli/reg/2023/2842/oj (ii) for species that represent less than 2 % in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 200 kg or 0,5 % of the total quantity of all species recorded in the fishing logbook, per each species, whichever is greater. In addition to the provisions set out in points (i) and (ii), in any event, for the total quantity of all species, the permitted margin of tolerance in estimates recorded in the fishing logbook of the total quantity in kilograms of fish retained on board shall be 10 % of the total quantity of all species recorded in the fishing logbook. The conditions concerning landing and weighing shall include safeguards allowing for the accurate reporting of the catches, such as the involvement of accredited independent third parties or specific requirements for the sampling and weighing operations. Those conditions shall provide for the necessary control by, and cooperation with, the relevant competent authorities of the country concerned; (b) in the case of landings other than those referred to in point (a): (i) for species representing 2 % or more in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % per each species; (ii) for species that represent less than 2 % in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 200 kg or 20 % per each species recorded in the fishing logbook, whichever is greater. 5. For Union catching vessels engaged in the fisheries referred to in paragraph 4, the Commission may, at the request of one or more Member States, ask EFCA to develop harmonised technical guidelines on best practices for the estimation of catches on board. 6. The Commission shall, by means of implementing acts, by 10 July 2024 lay down rules on conditions pertaining in particular to the landing and weighing of catches of fisheries referred to in paragraph 4 of this Article in order to ensure the accuracy of reporting of catches. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). The Commission shall, by means of implementing acts, approve the ports which comply with the conditions set out in accordance with this Article and on the basis of submissions by the Member States. The initial list of ports shall be adopted by 10 July 2024. The Commission may amend the list and may revoke its approval of a listed port in the event that the conditions are no longer met. 7. In the case of fishing gear lost at sea, the fishing logbook shall also contain the following information: (a) the type and approximate dimensions of the lost gear; (b) the date and estimated time when the gear was lost; (c) the position where the gear was lost; (d) the measures undertaken to retrieve the lost gear. 8. In the case of catches of sensitive species referred to in Article 10(1) and (2) and Article 11(1) of Regulation (EU) 2019/1241, the information referred in paragraph 2, point (h), of this Article shall also contain the quantities in kilograms live weight or, where appropriate, the number of individuals, of the catches which are injured, dead or released alive. 9. In fisheries subject to a Union fishing effort regime, masters of Union catching vessels shall in their fishing logbooks record and account for the time spent in an area as follows: (a) with regard to towed gear: (i) entry into, and exit from, the port located in that area;
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ELI: http://data.europa.eu/eli/reg/2023/2842/oj 29/105 (ii) each entry into, and exit from, maritime areas where specific rules on access to waters and resources apply; (iii) the catch retained on board by species in kilograms live weight at the time of exit from that area or before entry into a port located in that area; (b) with regard to static gear: (i) entry into, and exit from, the port located in that area; (ii) each entry into, and exit from, maritime areas where specific rules on access to waters and resources apply; (iii) the date and time of setting or resetting of the static gear in these areas; (iv) the date and time of the completion of fishing operations using the static gear; (v) the catch retained on board by species in kilograms live weight at the time of exit from that area or before entry into a port located in that area. 10. To convert stored or processed fish weight into live fish weight for the purposes of the fishing logbook, masters of Union catching vessels shall apply a conversion factor established in accordance with paragraph 12. 11. The accuracy of the data recorded in the fishing logbook shall be the responsibility of the master. 12. The Commission may, by means of implementing acts, establish conversion factors and lay down detailed rules on: (a) the implementation of the margin of tolerance as defined in paragraphs 3 and 4; (b) the use of conversion factors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’.
Article 21
- Masters of Union fishing vessels involved in a transhipment operation shall complete an electronic transhipment declaration.
- The transhipment declaration referred to in paragraph 1 shall contain at least the following information: (a) the unique fishing trip identification number(s) and, in the case of fishing vessels other than catching vessels, the unique fishing trip identification number(s) related to the catches; (b) the CFR number or, where that number is not available, another vessel identification number(s) and the name of both the donor and the receiving fishing vessels; (c) the FAO alpha-3 code of each transhipped species and the relevant geographical area(s) in which the catches were taken; (d) the estimated quantities of each transhipped species in kilograms in product weight and in live weight, broken down by type of product presentation and state of processing, or, where appropriate, the number of individuals, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size; (e) the port or landing site of destination of the receiving fishing vessel and estimated date and time of arrival; (f) date and time of transhipment; (g) the geographical area or the designated port of transhipment; (h) the conversion factor(s) used.
- When compared with the quantities landed or with the result of an inspection, the permitted margin of tolerance in estimates recorded in the transhipment declaration of the quantities in kilograms of fish retained on board shall be as set out in Article 14(3) and (4).
- Masters of both the donor and the receiving fishing vessels shall each be responsible for the accuracy of the data recorded in their respective transhipment declarations.
- To convert stored or processed fish weight into live fish weight for the purposes of the transhipment declaration, masters of fishing vessels shall apply a conversion factor established in accordance with Article 14(12).
- The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by exempting certain categories of Union fishing vessels from the obligation laid down in paragraph 1 of this Article, taking into account the quantities and/or type of fishery products, distance between the fishing grounds, transhipping places and ports where the vessels concerned are registered.’.
Article 23
- The master of a Union fishing vessel, or a representative of the master, shall complete an electronic landing declaration.
- The landing declaration referred to in paragraph 1 shall contain at least the following information: (a) the unique fishing trip identification number; (b) the CFR number or, where that number is not available, another vessel identification number, and the name of the fishing vessel; (c) the FAO alpha-3 code of each species landed and the relevant geographical area in which the catches were taken; (d) the quantities of each species landed in kilograms of product weighed in accordance with Article 60 and in live weight, broken down by type of product presentation and state of processing, or, where appropriate, in number of individuals, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size; (e) the port of landing or landing site; (f) date and time of the completion of the landing or, in the event that the landing takes longer than 24 hours, the date and time of the start and of the completion of the landing;
EN OJ L, 20.12.2023
ELI: http://data.europa.eu/eli/reg/2023/2842/oj 35/105 (g) date and time of the completion of the weighing or, in the event that the weighing takes longer than 24 hours, the date and time of the start and of the completion of the weighing; (h) the name or an identification number of the operator referred to in Article 60(5); (i) the conversion factors used. 3. The accuracy of the data recorded in the landing declaration shall be the responsibility of the master. 4. In order to convert stored or processed fish weight into live fish weight for the purpose of the completion of the landing declaration, the master of a fishing vessel, or a representative of the master, shall apply a conversion factor established in accordance with Article 14(12).
Article 43
Article 43 is amended as follows: (a) paragraphs 1 and 2 are replaced by the following: ‘1. In a multiannual plan a threshold may be set, applicable to the live weight of species subject to that plan, above which a Union fishing vessel shall be required to land catches in a designated port or at a designated landing site. 2. Where quantities retained on board exceed the threshold referred to in paragraph 1, the master of a Union fishing vessel shall ensure that the landing of catches is carried out in a designated port or at a designated landing site in the Union.’; (b) in paragraphs 4, 5 and 6, the words ‘places close to the shore’ are replaced by the words ‘landing sites’; (c) paragraph 7 is deleted.
Article 44
- Catches of demersal stocks subject to a multiannual plan which are retained on board a Union fishing vessel of 12 metres in length overall or more, and which are not below the minimum conservation reference size, shall be placed in boxes, compartments or containers separately for each of such stocks in such a way that they are identifiable from other boxes, compartments or containers.
- Masters of Union fishing vessels shall keep the catches referred to in paragraph 1 according to a stowage plan that indicates the location of the different species in the holds.
- It shall be prohibited to retain on board a Union fishing vessel in any box, compartment or container any quantity of catches referred to in paragraph 1 mixed with any other fishery products.
- The Commission is empowered to adopt delegated acts in accordance with Article 119a concerning the exemption of certain demersal stocks from the obligation set out in this Article.’.
Article 47
Article 48 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. A Union catching vessel shall have equipment on board to retrieve its lost gear, including fishing gear, fishing aggregating devices and buoys.’; (b) in paragraph 2, the words ‘fishing vessel’ are replaced by the words ‘catching vessel’; (c) paragraph 3 is replaced by the following: ‘3. If the lost gear cannot be retrieved, the master of the catching vessel shall include the information on the lost gear in the fishing logbook pursuant to Article 14(7). The competent authority of the flag Member State shall without delay forward that information to the competent authority of the coastal Member State.’; (d) in paragraph 4, the words ‘fishing vessel’ are replaced by the words ‘catching vessel’; (e) paragraph 5 is replaced by the following: ‘5. Member States shall collect and record information concerning lost gear and provide that information to the Commission or EFCA upon request.
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ELI: http://data.europa.eu/eli/reg/2023/2842/oj 43/105 6. By 31 December every year, the Commission shall make publicly available on its website a compilation of the information referred to in paragraph 5 for the preceding year. The Commission may request EFCA to assist in the compilation of such information.’.
Article 56
- Each Member State shall be responsible for controlling on its territory the application of the rules of the common fisheries policy at all stages of marketing of fishery and aquaculture products, from their placing on the market to the retail sale, including transport. Member States shall, in particular, take measures to ensure that the use of fishery products below the applicable minimum conservation reference size that are subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 is restricted to purposes other than direct human consumption, except where other rules of the common fisheries policy provide otherwise.
- Where a minimum size has been fixed for a given species in Union legislation, operators responsible for purchasing, selling, stocking or transporting shall be able to prove the relevant geographical area of origin of the products. Article 56a Composition of lots of certain fishery and aquaculture products
- Fishery and aquaculture products from catching or harvesting shall be put into lots prior to placing on the market. OJ L, 20.12.2023 EN
46/105 ELI: http://data.europa.eu/eli/reg/2023/2842/oj 2. A lot of fishery products or a lot of aquaculture products falling under Chapter 3 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87 (*) (the “Combined Nomenclature”) shall contain only: (a) fishery products of a single species, of the same product presentation and coming from the same relevant geographical area and from the same fishing vessel, or group of fishing vessels; or (b) aquaculture products of a single species, of the same product presentation and coming from the same aquaculture production unit. 3. By way of derogation from paragraph 2, prior to the placing on the market, quantities of fishery products falling under Chapter 3 of the Combined Nomenclature totalling less than 30 kg of several species and coming from the same relevant geographical area and of the same product presentation, per catching vessel and per day, may be put into the same lot. 4. By way of derogation from paragraph 2, prior to the placing on the market, quantities of fishery products falling under Chapter 3 of the Combined Nomenclature of several species, consisting of individuals below the applicable minimum conservation reference size and coming from the same relevant geographical area and the same catching vessel, or group of catching vessels, may be put into lots for purposes other than direct human consumption. 5. After the placing on the market, a lot of fishery or aquaculture products falling under Chapter 3 of the Combined Nomenclature may only be merged with another lot or split, if the lot created by merging or the lots created by splitting meet the following conditions: (a) the traceability information listed in Article 58(5) is provided for the newly created lot(s); (b) the operator responsible for placing the newly created lot(s) on the market retains and is able to provide the information concerning the composition of the newly created lot(s), in particular the information relating to each of the lots of fishery or aquaculture products which it contains and the quantities of fishery or aquaculture products coming from each of the lots forming the new lot(s). 6. This Article shall not apply to ornamental fish, ornamental crustaceans, ornamental molluscs or ornamental algae.
Article 82
- If the information collected during an inspection or any other relevant data or information leads the official to believe that an infringement of the rules of the common fisheries policy has been committed, the official shall: (a) note the detected infringement in the inspection report; (b) take all necessary actions to ensure safekeeping of the evidence pertaining to such detected infringement; (c) immediately forward the inspection report to the competent authority; (d) inform the natural or legal person suspected of having committed the infringement, or that was caught in the act of committing the infringement, that the infringement may result in sanctions being imposed and an appropriate number of points being assigned in accordance with Article 92. That shall be noted in the inspection report.
- Officials may remain on board a fishing vessel until the necessary steps have been taken in relation to the investigation as referred to in Article 85. The same shall apply, mutatis mutandis, to inspections carried out on any premises where fishery or aquaculture products are landed, stored, processed or marketed, as well as to inspections during the transport of those products. Where the inspection is carried out in respect of a vehicle used for transporting fishery or aquaculture products, the vehicle shall not be authorised to continue until the necessary steps have been taken in relation to the investigation as referred to in Article 85.’.
Article 92
- Member States shall apply a point system for serious infringements referred to in Article 90, except for serious infringements which are not applicable to the holder of the fishing licence or the master.
- When a natural person has committed, or a legal person is held liable for, a serious infringement, a number of points calculated in accordance with Annex III shall be assigned to the holder of the fishing licence for the fishing vessel concerned.
- The points assigned shall be transferred to any future holder of the fishing licence for the catching vessel concerned where the vessel or the licence is sold, transferred or otherwise changes ownership after the date of the infringement, including to another Member State.
- Member States shall also establish a point system under which the master of a vessel is assigned the same number of points as the holder of the fishing licence as a result of a serious infringement related to the vessel and committed during the period of his or her command, in accordance with Annex III. Where the master of the vessel is not a national of the flag Member State, the flag Member State shall notify the number of points assigned to the master to the Member State of which the master is a national, or, in the case of nationals of third countries, to any State concerned.
- When two or more serious infringements by the same natural or legal person holding the fishing licence or by the master are detected in the course of one inspection, points in respect of each serious infringement concerned shall be assigned in accordance with paragraph 2, up to a maximum of 12 points for all those infringements.
- When the total number of points equals or exceeds 18 points, the fishing licence and/or the right to command a fishing vessel as a master shall be automatically suspended for a period of at least two months. That period shall be: four months if the suspension occurs a second time and the points equals or exceeds 36 points; eight months if the suspension occurs a third time and the number of points equals or exceeds 54 points; and one year if the suspension occurs a fourth time and the number of points equals or exceeds 72 points. In the event that the suspension occurs a fifth time and the number of points equals or exceeds 90 points, the fishing licence and the right to command a fishing vessel as a master shall be withdrawn, and the fishing vessel shall not be used for commercial exploitation of marine biological resources.
- Member States shall ensure that a natural person for which the suspension or withdrawal of the right to command a fishing vessel has been triggered pursuant to paragraph 6 is not allowed to operate as a master on board a fishing vessel flying their flag. In the event of the suspension of the right to command, this paragraph shall apply only for the period of the suspension.
- If the holder of a fishing licence or the master does not commit a serious infringement within three years from the date of committing the last serious confirmed infringement, all points shall be deleted.
- When a Member State other than the flag Member State has confirmed, under its national law, that a serious infringement has been committed within its jurisdiction, it shall notify it to the flag Member State in order for the latter to determine and to assign the number of points in accordance with Annex III.
- Member States shall designate the competent national authorities responsible for setting up the system for the assignment of points for serious infringements, assigning the appropriate number of points to the holder of a fishing licence and to the master and transferring the points in accordance with paragraph 3.
- Member States shall ensure that the application of national proceedings does not render the point system ineffective.
- The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by laying down rules on: (a) the follow-up of suspension and permanent withdrawal of a fishing licence or of a right from exercising fishing activity as a master; (b) measures to be taken in the event of illegal fishing activities during the suspension period or after the permanent withdrawal of a fishing licence or of a right to carry out fishing activities as a master; (c) conditions justifying the deletion of points; (d) the registration of masters authorised to carry out fishing activities and the recording of points assigned to masters.
- The Commission shall, by means of implementing acts, lay down detailed rules concerning: (a) the notifications of decisions on assignment of points; (b) the transfer of the points in accordance with paragraph 3; (c) the deletion from relevant lists of fishing licences or of the right to command a fishing vessel as a master, for the person responsible for serious infringements; (d) the obligation to provide information on the point system for masters of fishing vessels established by the Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Vessel Registration & License Management
What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?
Article 6
- A Union catching vessel may be used for commercial exploitation of marine biological resources only if it has a valid fishing licence.
- The flag Member State shall ensure that the fishing licence meets the minimum information requirements concerning the identification, technical characteristics and fitting out of a catching vessel and that the information contained in the fishing licence is accurate and consistent with that contained in the Union fishing fleet register referred to in Article 24(3) of Regulation (EU) No 1380/2013.
- The flag Member State shall withdraw permanently the fishing licence of a catching vessel which is the subject of a fishing capacity adjustment measure referred to in Article 22 of Regulation (EU) No 1380/2013.
- The Commission may, by means of implementing acts, lay down detailed rules on the validity of fishing licences issued by the flag Member States as well as the minimum information requirements concerning the identification, technical characteristics and fitting out of a catching vessel contained therein. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Article 7
- A Union catching vessel shall be authorised to carry out specific fishing activities only insofar as they are indicated in a valid fishing authorisation, when the fisheries or fishing zones where the fishing activities are authorised, or the vessel, are subject to: (a) a fishing effort regime; (b) a multiannual plan; (c) a fishing restricted area; (d) fishing for scientific purposes; (e) the obligation to use a remote electronic monitoring (REM) system, including CCTV; or (f) other cases laid down in Union legislation.
- Where a Member State has a specific national fishing authorisation scheme for catching vessels flying its flag, it shall send to the Commission at its request a summary of the information contained in the fishing authorisation issued and the related aggregated data on fishing effort.
- Where the flag Member State has adopted national provisions in the form of a national fishing authorisation scheme for the allocation to individual catching vessels of the fishing opportunities available to it, it shall send to the Commission at its request information on the catching vessels authorised to engage in a fishing activity in a given fishery, in particular concerning the external identification numbers, the names of the catching vessels concerned, and the individual fishing opportunities allocated to them.
- A fishing authorisation shall not be issued for a catching vessel if that vessel does not have a fishing licence obtained in accordance with Article 6, or if its fishing licence has been suspended or withdrawn. A fishing authorisation for a catching vessel shall be automatically withdrawn where the fishing licence corresponding to that vessel has been withdrawn permanently. It shall be suspended where the fishing licence has been suspended temporarily. EN OJ L, 20.12.2023
ELI: http://data.europa.eu/eli/reg/2023/2842/oj 23/105 5. The Commission shall, by means of implementing acts, lay down detailed rules on the fishing authorisations issued by the flag Member State, including conditions for the validity of the fishing authorisation and the minimum information to be contained therein, as well as conditions on access to data from REM systems. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). 6. Without prejudice to the Union’s international obligations, a Member State may exempt Union catching vessels of less than 10 metres in length overall from the obligation to have a fishing authorisation if they carry out fishing activities exclusively in one or both of the following areas: (a) in its territorial waters; (b) in the territorial waters of another Member State which has exempted vessels flying its flag and carrying out fishing activities in the same fishery from the obligation to have a fishing authorisation. Any Member State that decides to apply the exception referred to in the first subparagraph shall inform the Commission and other Member States concerned thereof within 10 working days from its decision.’.
Article 92
- Member States shall apply a point system for serious infringements referred to in Article 90, except for serious infringements which are not applicable to the holder of the fishing licence or the master.
- When a natural person has committed, or a legal person is held liable for, a serious infringement, a number of points calculated in accordance with Annex III shall be assigned to the holder of the fishing licence for the fishing vessel concerned.
- The points assigned shall be transferred to any future holder of the fishing licence for the catching vessel concerned where the vessel or the licence is sold, transferred or otherwise changes ownership after the date of the infringement, including to another Member State.
- Member States shall also establish a point system under which the master of a vessel is assigned the same number of points as the holder of the fishing licence as a result of a serious infringement related to the vessel and committed during the period of his or her command, in accordance with Annex III. Where the master of the vessel is not a national of the flag Member State, the flag Member State shall notify the number of points assigned to the master to the Member State of which the master is a national, or, in the case of nationals of third countries, to any State concerned.
- When two or more serious infringements by the same natural or legal person holding the fishing licence or by the master are detected in the course of one inspection, points in respect of each serious infringement concerned shall be assigned in accordance with paragraph 2, up to a maximum of 12 points for all those infringements.
- When the total number of points equals or exceeds 18 points, the fishing licence and/or the right to command a fishing vessel as a master shall be automatically suspended for a period of at least two months. That period shall be: four months if the suspension occurs a second time and the points equals or exceeds 36 points; eight months if the suspension occurs a third time and the number of points equals or exceeds 54 points; and one year if the suspension occurs a fourth time and the number of points equals or exceeds 72 points. In the event that the suspension occurs a fifth time and the number of points equals or exceeds 90 points, the fishing licence and the right to command a fishing vessel as a master shall be withdrawn, and the fishing vessel shall not be used for commercial exploitation of marine biological resources.
- Member States shall ensure that a natural person for which the suspension or withdrawal of the right to command a fishing vessel has been triggered pursuant to paragraph 6 is not allowed to operate as a master on board a fishing vessel flying their flag. In the event of the suspension of the right to command, this paragraph shall apply only for the period of the suspension.
- If the holder of a fishing licence or the master does not commit a serious infringement within three years from the date of committing the last serious confirmed infringement, all points shall be deleted.
- When a Member State other than the flag Member State has confirmed, under its national law, that a serious infringement has been committed within its jurisdiction, it shall notify it to the flag Member State in order for the latter to determine and to assign the number of points in accordance with Annex III.
- Member States shall designate the competent national authorities responsible for setting up the system for the assignment of points for serious infringements, assigning the appropriate number of points to the holder of a fishing licence and to the master and transferring the points in accordance with paragraph 3.
- Member States shall ensure that the application of national proceedings does not render the point system ineffective.
- The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by laying down rules on: (a) the follow-up of suspension and permanent withdrawal of a fishing licence or of a right from exercising fishing activity as a master; (b) measures to be taken in the event of illegal fishing activities during the suspension period or after the permanent withdrawal of a fishing licence or of a right to carry out fishing activities as a master; (c) conditions justifying the deletion of points; (d) the registration of masters authorised to carry out fishing activities and the recording of points assigned to masters.
- The Commission shall, by means of implementing acts, lay down detailed rules concerning: (a) the notifications of decisions on assignment of points; (b) the transfer of the points in accordance with paragraph 3; (c) the deletion from relevant lists of fishing licences or of the right to command a fishing vessel as a master, for the person responsible for serious infringements; (d) the obligation to provide information on the point system for masters of fishing vessels established by the Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Article 92
- Member States shall apply a point system for serious infringements referred to in Article 90, except for serious infringements which are not applicable to the holder of the fishing licence or the master.
- When a natural person has committed, or a legal person is held liable for, a serious infringement, a number of points calculated in accordance with Annex III shall be assigned to the holder of the fishing licence for the fishing vessel concerned.
- The points assigned shall be transferred to any future holder of the fishing licence for the catching vessel concerned where the vessel or the licence is sold, transferred or otherwise changes ownership after the date of the infringement, including to another Member State.
- Member States shall also establish a point system under which the master of a vessel is assigned the same number of points as the holder of the fishing licence as a result of a serious infringement related to the vessel and committed during the period of his or her command, in accordance with Annex III. Where the master of the vessel is not a national of the flag Member State, the flag Member State shall notify the number of points assigned to the master to the Member State of which the master is a national, or, in the case of nationals of third countries, to any State concerned.
- When two or more serious infringements by the same natural or legal person holding the fishing licence or by the master are detected in the course of one inspection, points in respect of each serious infringement concerned shall be assigned in accordance with paragraph 2, up to a maximum of 12 points for all those infringements.
- When the total number of points equals or exceeds 18 points, the fishing licence and/or the right to command a fishing vessel as a master shall be automatically suspended for a period of at least two months. That period shall be: four months if the suspension occurs a second time and the points equals or exceeds 36 points; eight months if the suspension occurs a third time and the number of points equals or exceeds 54 points; and one year if the suspension occurs a fourth time and the number of points equals or exceeds 72 points. In the event that the suspension occurs a fifth time and the number of points equals or exceeds 90 points, the fishing licence and the right to command a fishing vessel as a master shall be withdrawn, and the fishing vessel shall not be used for commercial exploitation of marine biological resources.
- Member States shall ensure that a natural person for which the suspension or withdrawal of the right to command a fishing vessel has been triggered pursuant to paragraph 6 is not allowed to operate as a master on board a fishing vessel flying their flag. In the event of the suspension of the right to command, this paragraph shall apply only for the period of the suspension.
- If the holder of a fishing licence or the master does not commit a serious infringement within three years from the date of committing the last serious confirmed infringement, all points shall be deleted.
- When a Member State other than the flag Member State has confirmed, under its national law, that a serious infringement has been committed within its jurisdiction, it shall notify it to the flag Member State in order for the latter to determine and to assign the number of points in accordance with Annex III.
- Member States shall designate the competent national authorities responsible for setting up the system for the assignment of points for serious infringements, assigning the appropriate number of points to the holder of a fishing licence and to the master and transferring the points in accordance with paragraph 3.
- Member States shall ensure that the application of national proceedings does not render the point system ineffective.
- The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by laying down rules on: (a) the follow-up of suspension and permanent withdrawal of a fishing licence or of a right from exercising fishing activity as a master; (b) measures to be taken in the event of illegal fishing activities during the suspension period or after the permanent withdrawal of a fishing licence or of a right to carry out fishing activities as a master; (c) conditions justifying the deletion of points; (d) the registration of masters authorised to carry out fishing activities and the recording of points assigned to masters.
- The Commission shall, by means of implementing acts, lay down detailed rules concerning: (a) the notifications of decisions on assignment of points; (b) the transfer of the points in accordance with paragraph 3; (c) the deletion from relevant lists of fishing licences or of the right to command a fishing vessel as a master, for the person responsible for serious infringements; (d) the obligation to provide information on the point system for masters of fishing vessels established by the Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Vessel Tracking
Does the law/regulation require or exempt fishing vessels to report using VMS, or is there no provision?
Article 9
a fishing vessel of 12 metres’ length overall or more shall have installed on board a fully functioning device which allows that vessel to be automatically located and identified through the vessel monitoring system by transmitting position data at regular intervals. It shall also allow the fisheries monitoring centre of the flag Member State to poll the fishing vessel
Does law/regulation require or exempt fishing vessels to report using AIS, or is there no provision?
Article 10
- In accordance with Article 6a of Directive 2002/59/EC, Union fishing vessels exceeding 15 metres in length overall shall be fitted with and maintain in continuous operation an automatic identification system (AIS) which meets the performance standards referred to in that Directive. OJ L, 20.12.2023 EN
26/105 ELI: http://data.europa.eu/eli/reg/2023/2842/oj 2. By way of derogation from paragraph 1, the master of a Union fishing vessel may switch off the AIS in exceptional circumstances when the master considers that the safety or security of the crew is imminently at risk of being compromised. Where the AIS is switched off in accordance with this paragraph, the master shall report that action and the reason for doing so to the competent authorities of its flag Member State and, when relevant, also to the competent authorities of the coastal State. When the situation referred to in this paragraph has elapsed, the master shall restart the AIS as soon as the source of danger has disappeared. 3. Member States shall ensure that data from the AIS are made available to their competent authorities responsible for fisheries control for control purposes, including cross-checks of AIS data with other available data, in accordance with Article 109.’.