Vessel Registration & License Management

COMMISSION IMPLEMENTING REGULATION (EU) 2017/218 of 6 February 2017

What is the applicable law/regulation for the registration of ships, and does the fisheries legislation have any relevant provisions for registration such as pre-approval?

  • Article 5

    Each Member State shall collect, validate and record without delay in the national fishing fleet register the data referred to in Annex I.

  • Article 6

    1. The Member States shall submit to the Commission any event concerning fishing vessels introduced in the national fishing fleet register no later than at the end of the working day when the event has been fully registered.
    2. If the relevant event is a correction of earlier data, all events concerning that vessel since the census date or its first entry into the national fishing fleet register shall be transmitted to the Commission.
    3. Event data shall be submitted to the Commission in accordance with Article 9.
    4. The Commission shall verify the correctness of the submission received and register the events in the Union fishing fleet register if the submission complies with requirements of Article 9. Otherwise the submission shall be rejected. In that case, the Commission shall notify its observations to the Member State, which shall make the necessary changes in the national fishing fleet register not later than three national working days following the date of notification by the Commission.

Control Regulation

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 6

    1. A Union catching vessel may be used for commercial exploitation of marine biological resources only if it has a valid fishing licence.
    2. 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.
    3. 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.
    4. 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

    1. 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.
    2. 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.
    3. 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.
    4. 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

    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).
  • Article 92

    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).

IUU Fishing Regulation in relation to the Community IUU Vessel List

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 27

    1. The Commission shall, in accordance with the procedure referred to in Article 54(2), establish a Community IUU vessel list. The list shall include the fishing vessels in relation to which, further to the measures taken pursuant to Articles 25 and 26, the information obtained in accordance with this Regulation establishes that they are engaged in IUU fishing and whose flag States have not complied with the official requests referred to in Article 26(2)(b) and (c) and Article 26(3)(b) and (c), in response to such IUU fishing.
    2. Before placing any fishing vessel on the Community IUU vessel list, the Commission shall provide the owner and, where appropriate, the operator of the fishing vessel concerned with a detailed statement of reasons for the intended listing and with all elements supporting the suspicion that the fishing vessel has carried out IUU fishing. The statement shall mention the right to ask for or to provide additional information, and give the owner, and, where appropriate, the operator the possibility of being heard and to defend their case, leaving them adequate time and facilities.
    3. When a decision is taken to place a fishing vessel on the Community IUU vessel list, the Commission shall notify that decision, and the reasons for it, to the owner and, where appropriate, the operator of the fishing vessel.
    4. The obligations imposed on the Commission by paragraphs 2 and 3 shall apply without prejudice to the primary responsibility of the flag State over the fishing vessel, and only in so far as the relevant information on the identification of the fishing vessel owner and operator is at the disposal of the Commission.
    5. The Commission shall notify the flag State of the inclusion of the fishing vessel on the Community IUU vessel list and shall provide the flag State with the detailed reasons for listing.
    6. The Commission shall request flag States with fishing vessels on the Community IUU vessel list to: (a) notify the owner of the fishing vessel of its inclusion on the Community IUU vessel list, of the reasons justifying this inclusion and of the consequences resulting from it, as laid down in Article 37; and (b) take all the necessary measures to eliminate IUU fishing, including, if necessary, the withdrawal of the registration or the fishing licences of the fishing vessels concerned, and to inform the Commission of the measures taken.
    7. This Article shall not apply to Community fishing vessels if the flag Member State has taken action in accordance with paragraph 8.
    8. Community fishing vessels shall not be included in the Community IUU vessel list if the flag Member State has taken action pursuant to this Regulation and Regulation (EEC) No 2847/93 against breaches constituting serious infringements as laid down in Article 3(2), without prejudice to the action taken by regional fisheries management organisations.
  • Article 37

    The following measures shall apply to the fishing vessels included in the Community IUU vessel list (IUU fishing vessels):

    1. flag Member States shall not submit to the Commission any requests for fishing authorisations in respect of IUU fishing vessels;
    2. current fishing authorisations or special fishing permits issued by flag Member States in respect of IUU fishing vessels shall be withdrawn;
    3. IUU fishing vessels flying the flag of a third country shall not be authorised to fish in Community waters and shall be prohibited to be chartered;
    4. fishing vessels flying the flag of a Member State shall not in any way assist, engage in fish processing operations or participate in any transhipment or joint fishing operations with IUU fishing vessels;
    5. IUU fishing vessels flying the flag of a Member State shall only be authorised access to their home ports and to no other Community port, except in case of force majeure or distress. IUU fishing vessels flying the flag of a third country shall not be authorised to enter into a port of a Member State, except in case of force majeure or distress. Alternatively, a Member State may authorise the entry into its ports of an IUU fishing vessel on the condition that the catches on board and, where appropriate, fishing gear prohibited pursuant to conservation and management measures adopted by regional fisheries management organisations, are confiscated. Member States shall also confiscate catches and, where appropriate, fishing gear prohibited pursuant to those measures, on board IUU fishing vessels which have been authorised to enter into its ports for reason of force majeure or distress;
    6. IUU fishing vessels flying the flag of a third country shall not be supplied in ports with provisions, fuel or other services, except in case of force majeure or distress;
    7. IUU fishing vessels flying the flag of a third country shall not be authorised to change the crew, except as necessary in case of force majeure or distress;
    8. Member States shall refuse the granting of their flag to IUU fishing vessels;
    9. the importation of fishery products caught by IUU fishing vessels shall be prohibited, and accordingly catch certificates accompanying such products shall not be accepted or validated;
    10. the exportation and re-exportation of fishery products from IUU fishing vessels for processing shall be prohibited;
    11. IUU fishing vessels with no fish and crew on board shall be authorised to enter a port for its scrapping, but without prejudice to any prosecutions and sanctions imposed against that vessel and any legal or natural person concerned.
  • Article 43

    1. Where a natural person is suspected of having committed or is caught in the act while committing a serious infringement or a legal person is suspected of being held liable for such an infringement, Member States shall start a full investigation of the infringement and, in conformity with their national law and depending on the gravity of the infringement, take immediate enforcement measures such as in particular: (a) the immediate cessation of fishing activities; (b) the rerouting to port of the fishing vessel; (c) the rerouting of the transport vehicle to another location for inspection; (d) the ordering of a bond; (e) the seizure of fishing gear, catches or fisheries products; (f) the temporary immobilisation of the fishing vessel or transport vehicle concerned; (g) the suspension of the authorisation to fish.
    2. The enforcement measures shall be of such nature as to prevent the continuation of the serious infringement concerned and to allow the competent authorities to complete its investigation.
  • Article 45

    The sanctions provided for in this Chapter may be accompanied by other sanctions or measures, in particular:

    1. the sequestration of the fishing vessel involved in the infringement;
    2. the temporary immobilisation of the fishing vessel;
    3. the confiscation of prohibited fishing gear, catches or fishery products;
    4. the suspension or withdrawal of authorisation to fish;
    5. the reduction or withdrawal of fishing rights;
    6. the temporary or permanent exclusion from the right to obtain new fishing rights;
    7. the temporary or permanent ban on access to public assistance or subsidies;
    8. the suspension or withdrawal of the status of approved economic operator granted pursuant to Article 16(3).