# Commission Implementing Decision (EU) 2018/17 of 5 January 2018 amending Implementing Decision 2014/156/EU establishing a specific control and inspection programme for fisheries exploiting stocks of bluefin tuna in the Eastern Atlantic and the Mediterranean, swordfish in the Mediterranean and for fisheries exploiting stocks of sardine and anchovy in the Northern Adriatic Sea (notified under document C(2017) 8687), Annex

Extent: E+W+S+N.I.

‘ANNEX I
PROCEDURES FOR RISK ASSESSMENT
Each fishing vessel, group of fishing vessels, fishing gear category, operator, and/or fishing related activity, for the stocks and area(s) referred to in Article 1, shall be subject to control and inspections according to the level of priority attributed. The level of priority shall be attributed depending on the results of the risk assessment carried out by each Member State concerned, or by any other Member State for the sole purposes of application of Article 5(3), on the basis of the following procedure:
Note: To be assessed by Member States. The risk assessment shall consider, on the basis of past experience and using all available information, how likely a non-compliance is to happen and, if it were to happen, the potential consequence.
Risk description[depending on the risk/fishery/area and data available]
Indicator[depending on the risk/fishery/area and data available]
Step in the fishery/marketing chain (When and where does the risk appear)
Points to be considered [depending on the risk/fishery/area and data available]
Occurrence in the fishery
Potential consequence(s)
Level of risk
[Note: risks identified by Member States should be in line with objectives defined in Article 3]
Levels of catches/landings distributed by fishing vessels, stocks, and gears,
Availability of quota to fishing vessels, distributed by fishing vessels, stocks and gears,
Use of standardized boxes,
Level and fluctuation of market price for the landed fisheries products (first sale),
Number of inspections previously carried out and number of detected infringements for the fishing vessel and/or other operator concerned,
Obligation to land as from 1 January 2015 in accordance with Regulation (EU) of the European Parliament and of the Council No 1380/2013 of 11 December 2013,
Background, and/or potential danger, of fraud linked to port/location/area, and metier, including Sport and Recreational vessels
Fishing or fishing related activities during spatio-temporal closures,
Any other relevant information or intelligence.
Frequent/
Medium/
Seldom cases/or
Not significant
Serious/
Significant/
Acceptable/or Marginal
very low/low/medium/high/or very high
ANNEX II
TARGET BENCHMARKS
1.
Level of inspections at sea (including aerial surveillance, where applicable)
On a yearly basis, the following target benchmarks and objectives shall be reached for the inspections at sea of fishing vessels engaged in the fisheries exploiting stocks referred to in Article 1:
expressed in a % of fishing trips in the area by high/very high risk fishing vessels/per year
Benchmarks per year
Fishery
Level of estimated risk for fishing vessels in accordance with Article 5(2)
high
very high
Fishery No 1 bluefin tuna
Inspection at sea of at least 2,5 % of fishing trips by ‘high risk’ level fishing vessels targeting the stock in question
Inspection at sea of at least 5 % of fishing trips by ‘very high risk’ level fishing vessels targeting the stock in question
Fishery No 2 swordfish
Inspection at sea of at least 2,5 % of fishing trips by ‘high risk’ level fishing vessels targeting the stock in question
Inspection at sea of at least 5 % of fishing trips by ‘very high risk’ level fishing vessels targeting the stock in question
Any risk level
Fishery No 4 sardine and anchovy
Inspection at sea of at least 20 % of fishing vessels targeting the stocks in question during the respective fishing season
Fishery No 5 European hake and deep-water rose shrimp
Inspection at sea of at least 30 % of fishing vessels targeting the stocks in question during the respective fishing season
Objectives
Fishery
Any risk level
Fishery No 1 bluefin tuna
Without prejudice to the benchmarks set above, for transfers operations the objective shall be to inspect a maximum
Fishery No 3 albacore
For inspections at sea, priority shall be given to compliance with technical measures and closure periods
Fishery No 1 bluefin tuna
Fishery No 2 swordfish
Fishery No 5 European hake and deep-water rose shrimp
Without prejudice to the benchmarks set above, for inspections at sea, priority shall be given to compliance with technical measures and spatio-closure periods, including fisheries restricted areas
2.
Level of inspections ashore (including document based controls and inspections in ports or at first sale)
On a yearly basis, the following target benchmarks and objectives shall be reached for the inspections ashore (including document based controls and inspections in ports or at first sale) of fishing vessels and other operators engaged in the fisheries exploiting stocks referred to in Article 1:
expressed in a % of quantities landed by high/very high risk fishing vessels/per year
Benchmarks per year
Fishery
Level of risk for fishing vessels and/or other operators (first buyer)
high
very high
Fishery No 1 bluefin tuna
Inspection in port of at least 10 % of overall landed quantities by ‘high risk’ level fishing vessels
Inspection in port of at least 15 % of overall landed quantities by ‘very high risk’ level fishing vessels
Fishery No 2 swordfish
Inspection in port of at least 10 % of overall landed quantities by ‘high risk’ level fishing vessels
Inspection in port of at least 15 % of overall landed quantities by ‘very high risk’ level fishing vessels
Fishery No 4 sardine and anchovy
Inspection in port of at least 10 % of overall landed quantities by ‘high risk’ level fishing vessels
Inspection in port of at least 15 % overall landed quantities by ‘very high risk’ level fishing vessels
Any risk level
Fishery No 5 European hake and deep-water rose shrimp
Inspection in port of at least 20 % of overall landed quantities by fishing vessels targeting the stocks in question
Objectives
Fishery
Any risk level
Fishery No 3 albacore
For inspections ashore, priority shall be given to compliance with technical measures and closure periods
Fishery No 1 bluefin tuna
Fishery No 2 swordfish
Fishery No 4 sardine and anchovy
Without prejudice to the benchmark set above, priority shall be given to compliance with technical measures and closure periods
Inspections made after landing or transhipment shall in particular be used as a complementary cross-checking mechanism to verify the reliability of the information recorded and reported on catches and landings.
3.
Level of inspections in traps and farm installations
On a yearly basis, the following target benchmarks shall be reached for the inspections on traps and farming installations related to bluefin tuna in the areas referred to in Article 1.
expressed in a % of quantities involved in caging operations high/very high risk traps and farming installations/per year
Benchmarks per year
Level of risk for traps and/or other operators (farm operator or first buyer)
Any risk level
Fishery No 1 bluefin tuna
Inspection of 100 % of caging and transfer operations at traps and farm installations, including release of fish.
’

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Source: https://www.legislation.gov.uk/eudn/2018/17/annex (the official version)
Page: https://openlegislation.uk/eu-decision-2018-17/annex
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

