ANNEX to Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009, and amending Council Regulations (EC) No 768/2005, (EC) No 1967/2006, (EC) No 1005/2008, and Regulation (EU) No 2016/1139 of the European Parliament and of the Council as regards fisheries controls - Hoofdinhoud

Council of the European Union

Brussels, 30 May 2018 (OR. en)

9317/18

Interinstitutional File: ADD 1

2018/0193 (COD) i

PECHE 177 CODEC 850 IA 157

PROPOSAL

From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director

date of receipt: 30 May 2018

To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union

No. Cion doc.: COM(2018) 368 final i - ANNEX 1

Subject: ANNEX to Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009 i, and amending

Council Regulations (EC) No 768/2005 i, (EC) No 1967/2006, (EC) No 1005/2008 i, and Regulation (EU) No 2016/1139 of the European Parliament and of the Council as regards fisheries controls

Delegations will find attached document COM(2018) 368 final i - ANNEX 1.

Encl.: COM(2018) 368 final i - ANNEX 1

EUROPEAN COMMISSION

Brussels, 30.5.2018 COM(2018) 368 final i

ANNEX

ANNEX

to

Proposal for a Regulation of the European Parliament and of the Council

amending Council Regulation (EC) No 1224/2009 i, and amending Council Regulations (EC) No 768/2005, (EC) No 1967/2006, (EC) No 1005/2008, and Regulation (EU) No

2016/1139 of the European Parliament and of the Council as regards fisheries controls

{SEC(2018) 267 final} - {SWD(2018) 279 final} - {SWD(2018) 280 final} ANNEX I

The following Annexes III and IV are added to Regulation (EC) No 1224/2009 i

"ANNEX III

POINTS TO BE ASSIGNED TO UNION FISHING LICENCE HOLDERS OR UNION MASTERS FOR SERIOUS INFRINGEMENTS

No Serious infringement points

1 Not fulfilling of obligations to accurately record and report data relating to fishing activities, including data to be transmitted by vessel monitoring system and prior 3

notices, as required under the rules of the common fisheries policy.

2 Not making available of a catch declaration or a landing declaration to the third country and not sending an electronic copy of it to the flag Member States as 3

required under in paragraph 1 of Article 30 of the Regulation (EU) 2017/2403.

Not transmitting a landing declaration or a sales note to the flag Member State

3 when the landing of the catch has taken place in the port of a third country, or a transhipment declaration or a transfer declaration, when the operation has taken 3

place outside Union waters.

4 Using non-compliant fishing gear. 4

5 Not fulfilling obligations related to the use of fishing gears as set in the rules of the common fisheries policy. 4

6 Manipulating of an engine or of continuous engine power monitoring devices with the aim of increasing its power beyond the maximum continuous engine power 5

according to the engine certificate.

7 Falsifying or concealing markings of fishing vessel or fishing gear, identity or

registration of a fishing vessel. 5

Falsifying documents, data or information or using of falsified or invalid

8 documents, data or information required under the rules of the common fisheries

policy, including documents, data and information as referred to in Council 5

Regulation (EC) No 1005/2008 i;

9 Concealing, tampering or disposal of evidence relating to an investigation. 5

No Serious infringement points

10 Committing multiple infringements which together constitute a serious disregard

of conservation and management measures. 5

Failing to bring and retain on board the fishing vessel, including through slipping, and to tranship, transfer and land any undersized catches in contravention of the legislation in force or catches of species subject to the landing obligation set out in

11 Article 15 of Regulation (EU) No 1380/2013 i, unless the bringing and retention on

board and the landing of such catches would be contrary to obligations including 5

for regional fisheries management organisation areas or subject to exemptions provided for in the rules of the common fisheries policy in fisheries or fishing zones where such rules apply.

12 Carrying out fishing activities in the area of a regional fisheries management organisation in a manner inconsistent with or in contravention of the conservation 5

and management measures of that organisation.

13 Conducting transfer operations in breach of the common fisheries policy rules or the applicable conservation and management measures adopted by regional 5

fisheries management organisations.

14 Landing in ports of third countries without prior notification as referred to in Article 19a of this Regulation; or landing fisheries products stemming from IUU 5

fishing activities.

15 Using prohibited fishing gear. 6

16 Fishing in a restricted or closed area, or a fish stock recovery area, or during a closed season, or without or after attainment of a quota or beyond a closed depth. 6

17 Fishing without a valid licence, authorisation or permit issued by the flag State or the relevant coastal State. 7

18 Engaging in directed fishing, retaining on board, transhipping, transferring or landing species which is subject to a moratorium, a closed season or for which 7

fishing is prohibited.

19 Obstructing the work of officials or observers in the exercise of their duties. 7

No Serious infringement points

Transhipping from or to, or conducting transfer operations with, participating in joint fishing operations with, supporting or supplying vessels, engaged in IUU

20 fishing as defined under Council Regulation (EC) No 1005/2008 i, in particular

those listed in the IUU vessel list of the Union or of a regional fisheries 7

management organisation, as referred to in Articles 29 and 30 of Council Regulation (EC) No 1005/2008 i.

21 Transhipping without the required authorisation or where such transhipment is

prohibited. 7

Being involved in the operation, management, ownership of, or being hired on, a vessel engaged in IUU fishing as defined under Council Regulation (EC) No 22 1005/2008, in particular those 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 7

Council Regulation (EC) No 1005/2008 i.

ANNEX IV 1

Alternative criteria to qualify an infringement as serious, in accordance with Article 90(3) of this Regulation

Activities Criteria

Article 90(3)(a) - the catches related to the suspected infringement occurred:

Not fulfilling of obligations to accurately record and report data in a closed area; or relating to fishing activities, including data to be transmitted by beyond a closed depth; vessel monitoring system and prior notices, as required under the rules of the common fisheries policy; - the infringement is the second one detected in the preceding twelve

months;

Article 90(3)(b)

Not making available of a catch declaration or a landing declaration - catches related to the suspected infringement represent quantities to the third country and not sending an electronic copy of it to their that are equal to or more than twice above the permitted margins of flag Member States as required under in paragraph 1 of Article 30 of tolerance referred to in Article 14(3) and Article 21(3) of this the Regulation (EU) 2017/2403; Regulation;

Article 90(3)(e) - the catches related to the suspected infringement correspond

Failing to bring and retain on board the fishing vessel, including a) to quantities more than 100 kilos or 20% of the total quantities through slipping, and to tranship, transfer and land any undersized mentioned in the logbook or landing or transhipment declaration, or catches in contravention of the legislation in force or catches of b) a value of 10% of the total value of fisheries products, species subject to the landing obligation set out in Article 15 of when the infringement is related to any of the following species: Regulation (EU) No 1380/2013 i, unless the bringing and retention on  all species subject to minimum conservation reference size board and the landing of such catches would be contrary to under the rules of the common fisheries policy; obligations including for regional fisheries management organisation  all species subject to the landing obligation as referred to in areas or subject to exemptions provided for in the rules of the Article 15 of Regulation 1380/2013 i; common fisheries policy in fisheries or fishing zones where such  all species subject to fishing opportunities under the rules of rules apply; the common fisheries policy;

 all species subject to multiannual plans; Article 90(3)(f)

1 The amounts referred to in this annex shall be calculated on the value of the fisheries products obtained by committing the infringement according to the prices in force on the

EUMOFA platform at the time of the identification of the infringement, if available. In the situation where the EUMOFA values are not available or not relevant, national prices or prices identified on principal international markets relevant for the species concerned shall be applicable, and the higher price prevails.

Activities Criteria

Carrying out fishing activities in the area of a regional fisheries  all species subject to a moratorium, a closed season or for management organisation in a manner inconsistent with or in which fishing is prohibited; contravention of the conservation and management measures of that  all species regulated by a regional fisheries management organisation. organisation.

Article 90(3)(g) - the suspected infringement is a second one detected in the

Making available on the market fisheries products in breach of the preceding twelve months; rules of the common fisheries policy

• - 

  the suspected infringement is related to marketing of IUU products knowingly or in contravention to the IUU Regulation

• - 

  when the direct sale was made with a non-registered auction center or non-registered buyer, as referred to in Article 59 of this Regulation;

• - 

  completion or submission of sales notes does not comply with Article 62 of this regulation, including the obligation to record and transmit all data electronically;

• - 

  the catches related to the suspected infringement correspond to quantities more than 100 kilos or 20% of the total quantities mentioned in the logbook or landing or transhipment declaration, or a value of 10% of the total value of fisheries products, when the infringement is related to any of the following species:  all species subject to minimum conservation reference size under the rules of the common fisheries policy;  all species subject to the landing obligation as referred to in Article 15 of Regulation (EU) No 1380/2013 i;  all species subject to fishing opportunities under the rules of the common fisheries policy;  all species subject to a multiannual plan;  all species subject to a moratorium, a closed season or for which fishing is prohibited;  all species regulated by a regional fisheries management

Activities Criteria organisation.

Article 90(3)(c) - the catches related to the suspected infringement occurred:

Using non-compliant fishing gear. in a closed area; or beyond a closed depth;

Article 90(3)(d)

Not fulfilling obligations related to the use of fishing gears as set in - the gear used is one of the following: the rules of the common fisheries policy.  Fishing with explosive

 Prohibited drifting gillnets

• - 

  the number of authorised gear exceeds by 2 units the number of authorised gears on board the fishing vessels;

• - 

  the suspected infringement is a second one detected in the preceding twelve months;

• - 

  catches related to the suspected infringement represent quantities that are equal or more than twice above the permitted margins of tolerance referred to in Article 14(3) of this Regulation;

• - 

  the catches related to the suspected infringement correspond to quantities more than 100 kilos or 20% of the total quantities mentioned in the logbook or landing or transhipment declaration, or a value of 10% of the total value of fisheries products, when the infringement is related to any of the following species:  all species subject to minimum conservation reference under the rules of the common fisheries policy;  all species subject to the landing obligation as referred to in Article 15 of Regulation (EU) No 1380/2013 i;  all species subject to fishing under the rules of the common fisheries policy;  all species subject to a multiannual plan;  all species subject to a moratorium, a closed season or for which fishing is prohibited;

Activities Criteria

 all species regulated by a regional fisheries management organisation.

Article 90(3)(h) - the catches related to the suspected infringement occurred:

Conducting recreational fishing activities in breach of rules of the  in a closed area; or common fisheries policy or selling of catches from recreational  beyond a closed depth; fisheries.

• - 

  the suspected infringement is the third one detected in the preceding

six months;

• - 

  the catches related to the suspected infringement correspond to quantities more than 5 kilos, when the infringement is related to any of the following species:  all species subject to minimum conservation reference size as referred to under the rules of the common fisheries policy;  all species subject to the landing obligation as referred to in Article 15 of Regulation (EU) No 1380/2013 i;  all species subject to fishing opportunities under the rules of the common fisheries policy;  all species subject to a multiannual plan; all species subject to a moratorium, a closed season or for which fishing is prohibited.

Article 90(3)(i) The number of simultaneous infringements which are not considered Committing multiple infringements which together constitute a individually serious infringements exceeds 3. serious disregard of conservation and management measures.

"

ANNEX II

Annex II to Regulation (EC) No 1005/2008 i and the Appendix to that Annex are replaced by

the following:

‘ANNEX II – European Union Catch Certificate and Re-Export Certificate

(i) EUROPEAN UNION CATCH CERTIFICATE

Document number Validating Authority

• 1. 

  Name Address Tel.

  Fax

• 2. 

  Fishing Vessel Name Flag - Home Port & Registration Call Sign IMO/Lloyd’s Number

  Number (if issued)

Fishing licence No. – Valid Inmarsat No. Telefax No. Telephone No. E-mail address (if issued)

to

• 3. 

  Description of Type of processing 4. References of applicable conservation

Product authorised on board: and management measures

Estimated live Estimated live

Species Product Catch area(s) weight (net

weight to be Verified Weight

code and dates fish weight in landed (net Landed (net weight in

kg) fish weight in kg) kg)

• 5. 

  Name of master of fishing vessel - Signature - Seal:

• 6. 

  Declaration of Transhipment at Sea Signature Transhipment Estimated weight (kg)

Name of Master of Fishing vessel and Date Date/Area/Position

Master of Receiving Signature Vessel Name Call Sign IMO/Lloyds Number

Vessel (if issued)

• 7. 

  Transhipment and/or landing authorisation within a Port Area:

Name Authority Signature Address Tel. Port of Date of Seal (Stamp)

Landing (as Landing (as

appropriate) appropriate)

Port of Date of Seal (Stamp)

transhipment transhipment

(as (as

appropriate) appropriate)

• 8. 

  Name and address Signature Date Seal

of Exporter

• 9. 

  Flag State Authority Validation:

Name/Title Signature Date Seal (Stamp)

• 10. 

  Transport details : See Appendix

• 11. 

  Importer Declaration:

Company, name, address, Signature Date Seal

EORI number and contact

details of importer of

importer (specify details)

Company, name, address, Signature Date Seal

EORI number and contact

details of representative of

the importer (specify

details)

Product description: CN code Product description Net Net fish weight in kg

weight

in kg

Document under Article Yes / no (as References

14(1) of Regulation (EC) No appropriate)

1005/2008:

Document under Article Yes / no (as References

14(2) of Regulation (EC) No appropriate)

1005/2008:

Member State and office

of import

Means of transport upon Transport document Estimated time of arrival (if submission

arrival (air, vehicle, ship, reference under Art. 12(1) of Regulation (EC) No

train) 1005/2008)

Customs declaration CVED number (if

number (if issued) available)

• 12. 

  Import control: Authority Place Importation Importation Verification

  authorised(*) suspended(*) requested - date

• 13. 

  Refusal of Catch Certificate Catch certificate refused on the basis of: (*)

  Art. 18 (1a)

  Art. 18 (1b)

  Art. 18 (1c)

  Art. 18 (1d)

  Art. 18 (1e)

  Art. 18 (1f) Art. 18 (1g)

  Art. 18 (2a)

  Art. 18 (2b)

  Art. 18 (2c)

  Art. 18 (2d)

(*) Tick as appropriate

(ii) EUROPEAN UNION RE-EXPORT CERTIFICATE

Certificate number Date Member State

• 1. 

  Description of re-exported product: Weight (kg)

  Balance from total quantity Species Product code declared in the catch

  certificate

• 2. 

  Name of re-exporter Address Signature Date

• 3. 

  Authority

Name/Title Signature Date Seal/Stamp

• 4. 

  Re-export Control

Place: Re-export Verification Re-export

authorised(*) requested(*) declaration number and date

(*) Tick as appropriate

Appendix

TRANSPORT DETAILS

• 1. 

  Country of exportation 2. Exporter Signature

Port/airport/other place of

departure

Vessel name and flag Container Name Address Signature

Flight number/ airway bill number number(s)

Truck nationality and registration list attached

number

Railway bill number

Other transport document

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