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Commission Regulation (EC) No 1010/2009 of 22 October 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing

EU Regulation No 1010/2009 · Adopted 22 October 2009 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Commission Regulation (EC) No 1010/2009

of 22 October 2009

laying down detailed rules for the implementation of Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishingf1, and in particular Articles 6(3), 8(3), 9(1), 12(4), 12(5), 13(1), 16(1), 16(3), 17(3), 20(4), 49(1), 52 thereof,

After consulting the European Data Protection Supervisor,

Whereas:

(1)

Regulation (EC) No 1005/2008 provides for the adoption of detailed rules and measures to implement the provisions it sets out.

(2)

In accordance with Articles 6(3) and 16(1) of Regulation (EC) No 1005/2008 the period of three working days set out for the prior notification of landings or transhipments in port and for the submission of catch certificates before the estimated time of arrival of fishery products at the place of entry into the territory of the Community may be modified in the light of certain factors. These factors include: the type of fishery product; the distance between the fishing ground, landing places and ports where the vessels in question are registered or listed; the distance to the place of entry into the territory of the Community; the transport means used. Fresh fishery products and consignments arriving by air, road or rail require a shorter period than three working days.

(3)

Consistency should be ensured in documents transmitted in relation to prior notification of landings and transhipments, landing and transhipment declarations and sighting reports. For that reason formats for these must be set out in accordance with Articles 6(1), 8(3) and 49(1) of Regulation (EC) No 1005/2008.

(4)

Article 9(1) and Article 17(3) of Regulation (EC) No 1005/2008 provide that Member States shall carry out port inspections of at least 5 % of landing and transhipment operations by third country fishing vessels as well as verifications deemed necessary to ensure that the provisions of the Regulation are correctly applied, in accordance with benchmarks determined on the basis of risk management and on the basis of national or Community risk management criteria. It is appropriate to lay down common risk management criteria for checking, inspection and verification activities in order to allow timely risk analyses and global assessments of relevant control information. The common criteria aim at ensuring a harmonised approach to inspection and verification in all Member States and to establish a level playing field for all operators.

(5)

Article 52 of Regulation (EC) No 1005/2008 provides that measures necessary for implementing the provisions of that Regulation are to be adopted in accordance with the Committee procedure. Given the fact that the Community should take account of possible capacity constraints for the proper implementation of the certification scheme, it is deemed necessary to adapt the scheme for some fishery products obtained by small fishing vessels, introducing the possibility of a simplified catch certificate. In the absence of a general definition of small scale fisheries certain specific criteria should be laid down under which the validation of a simplified catch certificate may be requested by the exporter. These criteria should take account in the first instance of the limited capacity of the fishing vessels concerned, in relation to which the obligation to apply the standard catch certification scheme would constitute a disproportionate burden.

(6)

Article 13(1) of Regulation (EC) No 1005/2008 provides for the recognition of catch documentation schemes agreed and in force in the framework of regional fisheries management organisations (hereinafter referred to as RFMO) in so far as they comply with the requirements of the Regulation. Some of these schemes can be recognised as complying with the requirements of Regulation (EC) No 1005/2008, while others are subject to additional conditions.

(7)

Economic operators who fulfil the conditions for obtaining the status of approved economic operator should be able to benefit from a simplified procedure when importing fishery products into the territory of the Community. It is necessary to establish common conditions in all Member States for the granting, amendment or withdrawal of approved economic operators’ certificates, or for suspension or revocation of the status of approved economic operator, and rules on the application for and issuing of approved economic operators’ certificates.

(8)

Article 12(4) of Regulation (EC) No 1005/2008 provides for an administrative cooperation between the Commission and third countries in areas pertaining to the implementation of the catch certification provisions. Within the framework of Article 20(4) of Regulation (EC) No 1005/2008, the catch certificate may be established, validated or submitted by electronic means or may be replaced by electronic traceability systems ensuring the same level of control by authorities, in agreement with flag States. These administrative arrangements with flag States shall be regularly updated and Member States and the public shall be informed in due time.

(9)

According to Article 51(2) of Regulation (EC) No 1005/2008 a system shall be established for mutual assistance between the Member States, with third countries and the Commission. Such administrative cooperation is essential to ensure that the Community catch certification scheme can be applied properly and that IUU fishing is properly investigated and sanctioned. Rules should therefore be drawn up for a systematic exchange of information either on request or spontaneously, and for the possibility to request enforcement measures and administrative notification by another Member State. Practical procedures should be laid down for exchanging information and requesting assistance. However, these provisions are not such as to affect the application in the Member States of rules on judicial cooperation in criminal cases.

(10)

The protection of individuals with regard to the processing of personal data by the Member States is governed by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such dataf2. The protection of individuals with regard to the processing of personal data by the Commission is governed by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such dataf3, in particular as regards to the requirements of confidentiality and security of processing, the transfer of personal data from the national systems of Member States to the Commission, the lawfulness of processing, and the rights of data subjects to information, access to and rectification of their personal data.

(11)

Annex I of Regulation (EC) No 1005/2008, which lists the products excluded from the definition of ‘fishery products’, may be reviewed annually in accordance with Article 12(5), on the basis of information gathered under Chapters II, III, IV, V, VIII, X and XII. Hence, on the basis of the information gathered under the cooperation provided for in Article 20(4), Annex I shall be amended accordingly.

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 286, 29.10.2008, p. 1.

f2

OJ L 281, 23.11.1995, p. 31.

f3

OJ L 8, 12.1.2001, p. 1.

Contents

  1. Title I: INSPECTIONS OF THIRD COUNTRY FISHING VESSELS IN UNITED KINGDOM PORTS
  2. Chapter I: Conditions for access to port by third country fishing vessels
  3. 1Prior notification
  4. 2Prior notification form
  5. 3Procedures and forms for pre-landing and pre-transhipment declarations
  6. Chapter II: Port inspections
  7. 4Benchmarks for port inspections
  8. 5Reporting on the application of benchmarks Repealed
  9. Title II: CATCH CERTIFICATION SCHEME FOR IMPORTATION AND EXPORTATION OF FISHERY PRODUCTS
  10. Chapter I: Catch certificates
  11. 6Simplified catch certificate
  12. 7Recognised catch documentation schemes in RFMOs
  13. 8Deadline for the submission of catch certificates
  14. Chapter II: Approved economic operators
  15. Conditions for granting the approved economic operator certificate
  16. 9General provisions
  17. 10Sufficient import Repealed
  18. 11Record of compliance
  19. 12Management of records
  20. 13Facilities
  21. Application for an APEO certificate
  22. 14Submission of the application
  23. 15Inadmissibility of applications
  24. Procedure for issuing APEO certificates
  25. 16Examination of application
  26. 17Consultation of other Member States Repealed
  27. 18Issuing of an APEO certificate
  28. 19Rejection of an application
  29. Status of approved economic operator
  30. 20Verifications
  31. Legal effects of APEO certificates
  32. 21General provisions
  33. 22Suspension of the status of an approved economic operator
  34. 23Suspension in the case of non-compliance with relevant criteria
  35. 24Suspension in case of legal proceedings
  36. 25Suspension related to the status of authorised economic operator
  37. 26Suspension upon request
  38. 27Withdrawal of the APEO certificate
  39. Information exchange
  40. 28Information requests
  41. 29Sharing of information on approved economic operators
  42. 30Reporting obligations and evaluation Repealed
  43. Chapter III: Verifications related to catch certificates
  44. 31... criteria for verifications
  45. 32Reporting obligations and evaluation Repealed
  46. Chapter IV: Cooperation with third countries Repealed
  47. 33Administrative cooperation with third countries concerning catch certificates Repealed
  48. Title III: SIGHTINGS Repealed
  49. 34Form for submission of information regarding sighted fishing vessels Repealed
  50. Title IV: MUTUAL ASSISTANCE Repealed
  51. Chapter I: General provisions Repealed
  52. 35Scope Repealed
  53. 36Protection of personal data Repealed
  54. 37Use of information and protection of professional and commercial secrecy Repealed
  55. 38Costs Repealed
  56. 39Single authority Repealed
  57. 40Follow-up measures Repealed
  58. Chapter II: Information without prior request Repealed
  59. 41Information without prior request Repealed
  60. Chapter III: Requests for assistance Repealed
  61. 42Definitions Repealed
  62. 43General requirements Repealed
  63. 44Transmission of requests and replies Repealed
  64. 45Requests for information Repealed
  65. 46Requests for enforcement measures Repealed
  66. 47Deadline for replies to requests for information and enforcement measures Repealed
  67. 48Requests for administrative notification Repealed
  68. Chapter IV: Relations with the Commission Repealed
  69. 49Communication between the Member States and the Commission Repealed
  70. 50Coordination by the Commission Repealed
  71. Chapter V: Relations with third countries Repealed
  72. 51Information exchange with third countries Repealed
  73. Chapter VI: Transitional provision Repealed
  74. 52Establishment of an IUU Fishing Information System Repealed
  75. Title V: AMENDMENTS
  76. 53Amendments to Regulation (EC) No 1005/2008
  77. Title VI: FINAL PROVISIONS
  78. 54Entry into force Repealed
  79. Signature
  80. Annex I: Prior notification period for certain types of fishery products referred to in Article 1
  81. Four-hour prior notification period
  82. Annex IIAForm for prior notification for third country fishing vessels referred to in Article 2(1)
  83. Annex IIBForm for prior notification for third country fishing vessels referred to in Article 2(2)
  84. Annex IIIAForm for pre-landing declarations referred to in Article 3(1)
  85. Annex IIIBForm for pre-transhipment declarations referred to in Article 3(2)
  86. Annex IVEUROPEAN COMMUNITY CATCH CERTIFICATE
  87. Appendix
  88. Annex V: Catch documentation schemes adopted by regional fisheries management organisations recognised as complying with the requirements of Regulation (EC) No 1005/2008
  89. Part ICatch documentation schemes recognised as complying with the requirements of Regulation (EC) No 1005/2008:
  90. Annex VI: Submission periods of catch certificates for consignments referred to in Article 8
  91. Four-hour period for submission of catch certificate prior to entry into the United Kingdom
  92. Two-hour period for submission of catch certificate prior to entry into the United Kingdom
  93. Four-hour period for submission of catch certificate prior to entry into the United Kingdom
  94. Annex VIIAnnex VII
  95. Annex VIIIAnnex VIII
  96. Annex IX Repealed
  97. NORWAY Repealed
  98. CATCH CERTIFICATION SCHEME Repealed
  99. MUTUAL ASSISTANCE Repealed
  100. Appendix I Repealed
  101. Repealed
  102. UNITED STATES Repealed
  103. CATCH CERTIFICATION SCHEME Repealed
  104. MUTUAL ASSISTANCE Repealed
  105. Appendix 1 Repealed
  106. Appendix 2 Repealed
  107. NEW ZEALAND Repealed
  108. CATCH CERTIFICATION SCHEME Repealed
  109. MUTUAL ASSISTANCE Repealed
  110. Appendix I Repealed
  111. Specimen of the New Zealand catch certificate Repealed
  112. Appendix II Repealed
  113. Supporting explanatory notes on the New Zealand catch certificate Repealed
  114. ICELAND Repealed
  115. CATCH CERTIFICATION SCHEME Repealed
  116. MUTUAL ASSISTANCE Repealed
  117. Appendix Repealed
  118. Repealed
  119. CANADA Repealed
  120. CATCH CERTIFICATION SCHEME Repealed
  121. MUTUAL ASSISTANCE Repealed
  122. Appendix 1 Repealed
  123. Repealed
  124. Appendix 2 Repealed
  125. Repealed
  126. Appendix 3 Repealed
  127. Repealed
  128. FAROE ISLANDS Repealed
  129. CATCH CERTIFICATION SCHEME Repealed
  130. MUTUAL ASSISTANCE Repealed
  131. Appendix Repealed
  132. Repealed
  133. SOUTH AFRICA Repealed
  134. CATCH CERTIFICATION SCHEME Repealed
  135. Appendix I Repealed
  136. Repealed
  137. Annex XA: Form for submission of information regarding sighted fishing vessels Repealed
  138. Annex XB: Instructions for filling the format set out in Annex XA Repealed
  139. FILL IN AS MUCH INFORMATION AS POSSIBLE Repealed
  140. 1Division 1 Repealed
  141. 2Division 2 Repealed
  142. 3Division 3 Repealed
  143. 4Division 4 Repealed
  144. 5Division 5 Repealed
  145. 6Division 6 Repealed
  146. 7Division 7 Repealed
  147. 8Division 8 Repealed
  148. Annex XI: Standard form for the exchange of information on request according to Article 45 Repealed
  149. Annex XII: Standard form for the request for administrative notification according to Article 48 Repealed
  150. Annex XIIIList of products excluded from the definition of ‘ fishery products ’ set out in point 8 of Article 2 of Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing Repealed