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
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
Contents
- Title I: INSPECTIONS OF THIRD COUNTRY FISHING VESSELS IN UNITED KINGDOM PORTS
- Chapter I: Conditions for access to port by third country fishing vessels
- 1Prior notification
- 2Prior notification form
- 3Procedures and forms for pre-landing and pre-transhipment declarations
- Chapter II: Port inspections
- 4Benchmarks for port inspections
- 5Reporting on the application of benchmarks Repealed
- Title II: CATCH CERTIFICATION SCHEME FOR IMPORTATION AND EXPORTATION OF FISHERY PRODUCTS
- Chapter I: Catch certificates
- 6Simplified catch certificate
- 7Recognised catch documentation schemes in RFMOs
- 8Deadline for the submission of catch certificates
- Chapter II: Approved economic operators
- Conditions for granting the approved economic operator certificate
- 9General provisions
- 10Sufficient import Repealed
- 11Record of compliance
- 12Management of records
- 13Facilities
- Application for an APEO certificate
- 14Submission of the application
- 15Inadmissibility of applications
- Procedure for issuing APEO certificates
- 16Examination of application
- 17Consultation of other Member States Repealed
- 18Issuing of an APEO certificate
- 19Rejection of an application
- Status of approved economic operator
- 20Verifications
- Legal effects of APEO certificates
- 21General provisions
- 22Suspension of the status of an approved economic operator
- 23Suspension in the case of non-compliance with relevant criteria
- 24Suspension in case of legal proceedings
- 25Suspension related to the status of authorised economic operator
- 26Suspension upon request
- 27Withdrawal of the APEO certificate
- Information exchange
- 28Information requests
- 29Sharing of information on approved economic operators
- 30Reporting obligations and evaluation Repealed
- Chapter III: Verifications related to catch certificates
- 31... criteria for verifications
- 32Reporting obligations and evaluation Repealed
- Chapter IV: Cooperation with third countries Repealed
- 33Administrative cooperation with third countries concerning catch certificates Repealed
- Title III: SIGHTINGS Repealed
- 34Form for submission of information regarding sighted fishing vessels Repealed
- Title IV: MUTUAL ASSISTANCE Repealed
- Chapter I: General provisions Repealed
- 35Scope Repealed
- 36Protection of personal data Repealed
- 37Use of information and protection of professional and commercial secrecy Repealed
- 38Costs Repealed
- 39Single authority Repealed
- 40Follow-up measures Repealed
- Chapter II: Information without prior request Repealed
- 41Information without prior request Repealed
- Chapter III: Requests for assistance Repealed
- 42Definitions Repealed
- 43General requirements Repealed
- 44Transmission of requests and replies Repealed
- 45Requests for information Repealed
- 46Requests for enforcement measures Repealed
- 47Deadline for replies to requests for information and enforcement measures Repealed
- 48Requests for administrative notification Repealed
- Chapter IV: Relations with the Commission Repealed
- 49Communication between the Member States and the Commission Repealed
- 50Coordination by the Commission Repealed
- Chapter V: Relations with third countries Repealed
- 51Information exchange with third countries Repealed
- Chapter VI: Transitional provision Repealed
- 52Establishment of an IUU Fishing Information System Repealed
- Title V: AMENDMENTS
- 53Amendments to Regulation (EC) No 1005/2008
- Title VI: FINAL PROVISIONS
- 54Entry into force Repealed
- Signature
- Annex I: Prior notification period for certain types of fishery products referred to in Article 1
- Four-hour prior notification period
- Annex IIAForm for prior notification for third country fishing vessels referred to in Article 2(1)
- Annex IIBForm for prior notification for third country fishing vessels referred to in Article 2(2)
- Annex IIIAForm for pre-landing declarations referred to in Article 3(1)
- Annex IIIBForm for pre-transhipment declarations referred to in Article 3(2)
- Annex IVEUROPEAN COMMUNITY CATCH CERTIFICATE
- Appendix
- Annex V: Catch documentation schemes adopted by regional fisheries management organisations recognised as complying with the requirements of Regulation (EC) No 1005/2008
- Part ICatch documentation schemes recognised as complying with the requirements of Regulation (EC) No 1005/2008:
- Annex VI: Submission periods of catch certificates for consignments referred to in Article 8
- Four-hour period for submission of catch certificate prior to entry into the United Kingdom
- Two-hour period for submission of catch certificate prior to entry into the United Kingdom
- Four-hour period for submission of catch certificate prior to entry into the United Kingdom
- Annex VIIAnnex VII
- Annex VIIIAnnex VIII
- Annex IX Repealed
- NORWAY Repealed
- CATCH CERTIFICATION SCHEME Repealed
- MUTUAL ASSISTANCE Repealed
- Appendix I Repealed
- Repealed
- UNITED STATES Repealed
- CATCH CERTIFICATION SCHEME Repealed
- MUTUAL ASSISTANCE Repealed
- Appendix 1 Repealed
- Appendix 2 Repealed
- NEW ZEALAND Repealed
- CATCH CERTIFICATION SCHEME Repealed
- MUTUAL ASSISTANCE Repealed
- Appendix I Repealed
- Specimen of the New Zealand catch certificate Repealed
- Appendix II Repealed
- Supporting explanatory notes on the New Zealand catch certificate Repealed
- ICELAND Repealed
- CATCH CERTIFICATION SCHEME Repealed
- MUTUAL ASSISTANCE Repealed
- Appendix Repealed
- Repealed
- CANADA Repealed
- CATCH CERTIFICATION SCHEME Repealed
- MUTUAL ASSISTANCE Repealed
- Appendix 1 Repealed
- Repealed
- Appendix 2 Repealed
- Repealed
- Appendix 3 Repealed
- Repealed
- FAROE ISLANDS Repealed
- CATCH CERTIFICATION SCHEME Repealed
- MUTUAL ASSISTANCE Repealed
- Appendix Repealed
- Repealed
- SOUTH AFRICA Repealed
- CATCH CERTIFICATION SCHEME Repealed
- Appendix I Repealed
- Repealed
- Annex XA: Form for submission of information regarding sighted fishing vessels Repealed
- Annex XB: Instructions for filling the format set out in Annex XA Repealed
- FILL IN AS MUCH INFORMATION AS POSSIBLE Repealed
- 1Division 1 Repealed
- 2Division 2 Repealed
- 3Division 3 Repealed
- 4Division 4 Repealed
- 5Division 5 Repealed
- 6Division 6 Repealed
- 7Division 7 Repealed
- 8Division 8 Repealed
- Annex XI: Standard form for the exchange of information on request according to Article 45 Repealed
- Annex XII: Standard form for the request for administrative notification according to Article 48 Repealed
- 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