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.

1. The master of each Union catching vessel shall keep an electronic fishing logbook for the purpose of recording fishing activities.
2. 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).
3. 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.
4. 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;

EN OJ L, 20.12.2023

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).’.

1. Masters of Union fishing vessels involved in a transhipment operation shall complete an electronic transhipment declaration.
2. 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.
3. 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).
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.
5. 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).
6. 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.’.

1. The master of a Union fishing vessel, or a representative of the master, shall complete an electronic landing declaration.
2. 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 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.

1. 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.
2. 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.
3. 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.
4. 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 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.’.

1. 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.
2. 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
3. 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.

1. 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.
2. 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.’.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. Member States shall ensure that the application of national proceedings does not render the point system ineffective.
12. 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.
13. 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).

Content, publicity and maintenance of the Community IUU vessel list

1. The Community IUU vessel list shall contain the following details for each fishing vessel: (a) name and previous names, if any; (b) flag and previous flags, if any; (c) owner and where relevant previous owners, including beneficial owners, if any; (d) operator and where relevant previous operators, if any; (e) call sign and previous call signs, if any; (f) Lloyds/IMO number, where available; Consolidated TEXT: 32008R1005 — EN — 09.01.2024 21.02.2024 21:26 https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02008R1005-20240109 Page 31 of 79 (f) Lloyds/IMO number, where available; (g) photographs, where available; (h) date of first inclusion on it; (i) summary of activities which justify inclusion of the vessel on it, together with references to all relevant documents informing of and evidencing those activities.
2. The Commission shall publish the Community IUU vessel list in the Official Journal of the European Union and shall take any measure necessary to ensure its publicity, including by placing it on its website.
3. The Commission shall update every three months the Community IUU vessel list and shall provide for a system to automatically notify updates to Member States, regional fisheries management organisations and any member of the civil society that should so request. Furthermore, the Commission shall transmit the list to the FAO and to regional fisheries management organisations for the purposes of enhancing cooperation between the Community and these organisations aimed at preventing, deterring and eliminating IUU fishing.

Action in respect of non-cooperating third countries The following measures shall apply to non-cooperating third countries:

1. the importation into the Community of fishery products caught by fishing vessels flying the flag of such countries shall be prohibited, and accordingly catch certificates accompanying such products shall not be accepted. In the event that the identification of a non-cooperating third country pursuant to Article 31 is justified by the lack of appropriate measures adopted by this third country in relation to IUU fishing affecting a given stock or species, the prohibition of importation may only apply in respect of this stock or species;
2. the purchase by Community operators of a fishing vessel flying the flag of such countries shall be prohibited;
3. the reflagging of a fishing vessel flying the flag of a Member State to such countries shall be prohibited;
4. Member States shall not authorise the conclusion of chartering agreements with such countries for fishing vessels flying their flag;
5. the exportation of Community fishing vessels to such countries shall be prohibited;
6. private trade arrangements between nationals of a Member State and such countries in order for a fishing vessel flying the flag of that Member State to use the fishing possibilities of such countries shall be prohibited;
7. joint fishing operations involving fishing vessels flying the flag of a Member State with a fishing vessel flying the flag of such countries shall be prohibited;
8. the Commission shall propose the denunciation of any standing bilateral fisheries agreement or fisheries partnership agreement with such countries which provides for termination of the agreement in case of failure to comply with undertakings made by them with regard to combating IUU fishing;
9. the Commission shall not enter into negotiations to conclude a bilateral fisheries agreement or fisheries partnership agreements with such countries; Consolidated TEXT: 32008R1005 — EN — 09.01.2024 21.02.2024 21:26 https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02008R1005-20240109 Page 39 of 79 ▼M5 c
10. the ownership, 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 ( 2 ), operation or management by Union operators of fishing vessels flying the flag of such countries shall be prohibited. Union owners, including beneficial owners, of fishing vessels flying the flag of such countries shall request that those vessels be removed from the registry of such countries within two months of the publication of the list of non-cooperating third countries in accordance with Article 33 of this Regulation. Where the request cannot be made directly by the owners, including beneficial owners, they shall mandate a relevant natural or legal person empowered to act on their behalf to request such removal within the timeframe provided;
11. access to port services and the conduct of landing or transhipment operations in Union ports by fishing vessels flying the flag of such countries shall be prohibited.

1. Nationals subject to the jurisdiction of Member States (nationals) shall neither support nor engage in IUU fishing, including by engagement on board or as operators or beneficial owners of fishing vessels included in the Community IUU vessel list.
2. Without prejudice to the primary responsibility of the flag State, Member States shall cooperate amongst themselves and with third countries and take all appropriate measures, in accordance with national and Community law, in order to identify nationals supporting or engaged in IUU fishing.
3. Without prejudice to the primary responsibility of the flag State, Member States shall take appropriate action, subject to and in accordance with their applicable laws and regulations with regard to nationals identified as supporting or engaged in IUU fishing.
4. Each Member State shall notify to the Commission the names of the competent authorities responsible for coordinating the collection and verification of information on activities of nationals referred to in this Chapter and for reporting to and cooperating with the Commission

1. Member States shall encourage nationals to notify any information pertaining to legal, beneficial or financial interests in, or control of, fishing vessels flagged to a third country which they hold and the names of the vessels concerned.
2. Nationals shall not sell or export any fishing vessel to operators involved in the operation, management or ownership of fishing vessels included in the Community IUU vessel list.
3. Without prejudice to other provisions laid down in Community law pertaining to public funds, Member States shall not grant any public aid under national aid regimes or under Community funds to operators involved in the operation, management or ownership of fishing vessels included in the Community IUU vessel list.
4. Member States shall endeavour to obtain information on the existence of any arrangement between nationals and a third country allowing the reflagging of fishing vessels flying their flag to such third country. They shall inform the Commission thereof by submitting a list of the fishing vessels concerned.