Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down d... (32011R0404)
Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy
- COMMISSION IMPLEMENTING REGULATION (EU) No 404/2011
- of 8 April 2011
- laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy
- TITLE I
- GENERAL PROVISIONS
- SCOPE
- Article 1
- Subject matter
- Article 2
- Definitions
- TITLE II
- GENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES
- CHAPTER I
- Fishing licenses
- Article 3
- Issue and management of fishing licences
- CHAPTER II
- Fishing authorisations
- Article 4
- Fishing authorisations
- Article 5
- List of fishing authorisations
- CHAPTER III
- Marking and identification of EU fishing vessels and their gear
- Section 1
- Marking and identification of fishing vessels
- Article 6
- Marking of fishing vessels
- Article 7
- Documents carried on board an EU fishing vessel
- Section 2
- Marking and identification of fishing gear and crafts
- Article 8
- Marking of crafts and fish aggregating devices
- Article 9
- General rules for passive gear and beam trawls
- Article 10
- Rules for beam trawls
- Article 11
- Rules for passive gear
- Article 12
- Rules for labels
- Article 13
- Rules for buoys
- Article 14
- Rules for cords
- Article 15
- Rules for end marker buoys
- Article 16
- Rules for fixing of end marker buoys
- Article 17
- Intermediary marker buoys
- CHAPTER IV
- Vessel monitoring system
- Article 18
- Requirement of satellite-tracking devices on EU fishing vessels
- Article 19
- Characteristics of satellite-tracking devices
- Article 20
- Responsibilities of the masters concerning the satellite-tracking devices
- Article 21
- Control measures to be adopted by flag Member States
- Article 22
- Frequency of data transmission
- Article 23
- Monitoring of entry into and exit from specific areas
- Article 24
- Transmission of data to the coastal Member State
- Article 25
- Technical failure or non-functioning of the satellite-tracking device
- Article 26
- Non-receipt of data
- Article 27
- Monitoring and recording of the fishing activities
- Article 28
- Access to data by the Commission
- TITLE III
- CONTROL OF FISHERIES
- CHAPTER I
- Fishing logbook, transhipment declaration and landing declaration in paper format
- Section 1
- Completion and submission of a fishing logbook, landing declaration and transhipment declaration in paper format
- Article 29
- EU fishing vessels subject to the completion and submission of a fishing logbook and transhipment/landing declaration in paper format
- Article 30
- Models for fishing logbooks, transhipment declarations and landing declarations in paper format
- Article 31
- Instructions for the completion and submission of fishing logbooks, transhipment declarations and landing declarations in paper format
- Article 32
- Deadlines for the submission of a fishing logbook, transhipment declaration and a landing declaration in paper format
- Section 2
- Specific rules for the fishing logbook in paper format
- Article 33
- Completion of fishing logbook in paper format
- Section 3
- Specific rules for the transhipment declaration and landing declaration in paper format
- Article 34
- Handing over of a transhipment declaration in paper format
- Article 35
- Signing of the landing declaration
- CHAPTER II
- Fishing logbook, landing declaration and transhipment declaration in electronic format
- Section 1
- Completion and transmission of a fishing logbook, landing declaration and transhipment declaration data in electronic format
- Article 36
- Requirement of electronic recording and reporting system on EU fishing vessels
- Article 37
- Format for transmission of data from an EU fishing vessel to the competent authority of its flag State
- Article 38
- Return messages
- Article 39
- Provisions in the event of technical failure or non-functioning of electronic recording and reporting systems
- Article 40
- Non-receipt of data
- Article 41
- Data access failure
- Article 42
- Data on the functioning of the electronic recording and reporting system
- Article 43
- Format for exchange of information between Member States
- Article 44
- Access to data
- Article 45
- Exchange of data between Member States
- Article 46
- Single authority
- Section 2
- Specific rules for the fishing logbook in electronic format
- Article 47
- Frequency of transmission
- CHAPTER III
- Common rules for fishing logbooks, transhipment declarations and landing declarations in paper or electronic format
- Section 1
- Common rules for the determination of live weight
- Article 48
- Definitions
- Article 49
- Conversion factors
- Article 50
- Calculation method
- Section 2
- Common rules for the completion and submission of the Fishing logbook
- Article 51
- General rules for fishing logbooks
- Section 3
- Common rules for the completion and submission of transhipment/landing declarations
- Article 52
- Margin of tolerance in the transhipment declaration
- Article 53
- Difference in transhipped catches
- Article 54
- Completion of landing operation
- Article 55
- Fishing Operations involving two or more EU fishing vessels
- CHAPTER IV
- Sampling plans and collection of data on EU fishing vessels not subject to fishing logbook and landing declaration requirements
- Article 56
- Establishment of sampling plans
- Article 57
- Sampling methodology
- CHAPTER V
- Control of fishing effort
- Article 58
- Fishing effort report
- CHAPTER VI
- Corrective measures
- Article 59
- General principles
- Article 60
- Allocation of available fishing opportunities
- CHAPTER VII
- Engine power
- Article 61
- Certification of propulsion engine power
- Article 62
- Verification and sampling plan
- Article 63
- Physical verification
- CHAPTER VIII
- Control of recreational fisheries
- Article 64
- Establishment of sampling plans
- Article 65
- Notification and evaluation of sampling plans
- TITLE IV
- CONTROL OF MARKETING
- CHAPTER I
- Traceability
- Article 66
- Definition
- Article 67
- Information on lots
- Article 68
- Information to the consumer
- CHAPTER II
- Weighing of fisheries products
- Section 1
- General rules on weighing
- Article 69
- Scope
- Article 70
- Weighing records
- Article 71
- Timing of weighing
- Article 72
- Weighing systems
- Article 73
- Weighing of frozen fisheries products
- Article 74
- Ice and water
- Article 75
- Access by competent authorities
- Article 76
- Sampling plans
- Article 77
- Control plans and programmes for the weighing of fisheries products after transport from the place of landing
- Section 2
- Special rules for weighing of certain pelagic species
- Article 78
- Scope of weighing procedures for catches of herring, mackerel and horse mackerel
- Article 79
- Ports of weighing catches of herring, mackerel and horse mackerel
- Article 80
- Entry into a port of a Member State
- Article 81
- Discharge
- Article 82
- Fishing logbook
- Article 83
- Publicly operated weighing facilities for fresh herring, mackerel and horse mackerel
- Article 84
- Privately operated weighing facilities for fresh fish
- Article 85
- Weighing of frozen fish
- Article 86
- Keeping of weighing records
- Article 87
- Sales note and takeover declaration
- Article 88
- Cross-checks
- Article 89
- Monitoring of weighing
- CHAPTER III
- Sales notes
- Article 90
- General rules
- Article 91
- Formats of sales notes
- TITLE V
- SURVEILLANCE
- CHAPTER I
- Surveillance reports
- Article 92
- Information to be recorded in the surveillance report
- CHAPTER II
- Control observers
- Article 93
- General rules concerning control observers
- Article 94
- Independence of control observers
- Article 95
- Duties of control observers
- Article 96
- Pilot projects
- TITLE VI
- INSPECTION
- CHAPTER I
- Conduct of inspections
- Section 1
- General provisions
- Article 97
- Officials authorised to conduct inspections at sea or on land
- Article 98
- General principles
- Article 99
- Duties of officials during the pre-inspection phase
- Article 100
- Duties of officials authorised to conduct inspections
- Article 101
- Obligations of Member States, the Commission and European Fisheries Control Agency
- Section 2
- Inspections at sea
- Article 102
- General provisions on inspections at sea
- Article 103
- Boarding fishing vessels at sea
- Article 104
- On board activities
- Section 3
- Inspections in port
- Article 105
- Preparation of inspection
- Article 106
- Inspections in port
- Article 107
- Inspection of certain pelagic landings
- Section 4
- Transport inspections
- Article 108
- General principles
- Article 109
- Transport vehicles sealed
- Section 5
- Market inspections
- Article 110
- General principles
- Article 111
- Additional methodologies and technologies
- Article 112
- Control of fisheries products withdrawn from the market
- CHAPTER II
- Duties of operators
- Article 113
- General obligations of operators
- Article 114
- Obligations of the master during inspections
- CHAPTER III
- Inspection report
- Article 115
- Common rules concerning inspection reports
- Article 116
- Completion of inspection reports
- Article 117
- Copy of the inspection report
- CHAPTER IV
- Electronic database
- Article 118
- Electronic database
- CHAPTER V
- Union inspectors
- Article 119
- Notification of Union inspectors
- Article 120
- List of Union inspectors
- Article 121
- Communication of Union inspectors to Regional Fisheries Management Organisations
- Article 122
- Powers and duties of Union inspectors
- Article 123
- Reports
- Article 124
- Follow-up of reports
- TITLE VII
- ENFORCEMENT
- POINT SYSTEM FOR SERIOUS INFRINGEMENTS
- Article 125
- Setting up and operation of a point system for serious infringements
- Article 126
- Assignation of points
- Article 127
- Notification of decisions
- Article 128
- Transfer of ownership
- Article 129
- Suspension and permanent withdrawal of a fishing licence
- Article 130
- Follow-up of suspension and permanent withdrawal of fishing licence
- Article 131
- Deletion of fishing licences from relevant lists
- Article 132
- Illegal fishing during the suspension period or after the permanent withdrawal of a fishing licence
- Article 133
- Deletion of points
- Article 134
- Point system for masters of fishing vessels
- TITLE VIII
- MEASURES TO ENSURE COMPLIANCE BY THE MEMBER STATES OF COMMON FISHERIES POLICY OBJECTIVES
- CHAPTER I
- Suspension and cancellation of Union financial assistance
- Article 135
- Definition
- Article 136
- Interruption of the payment deadline
- Article 137
- Suspension of payments
- Article 138
- Cancellation of financial assistance
- CHAPTER II
- Deduction of fishing opportunities
- Article 139
- General rules for the deduction of fishing opportunities for excess of utilisation
- Article 140
- Consultation on the deduction of fishing opportunities
- CHAPTER III
- Deduction of quotas for failure to comply with the rules of the common fisheries policy
- Article 141
- Rules for deduction of quotas for failure to comply with the objectives of the Common Fisheries Policy
- Article 142
- Determination of the quantities to be deducted
- TITLE IX
- DATA AND INFORMATION
- CHAPTER I
- Analysis and audit of data
- Article 143
- Subject matter
- Article 144
- Data to be validated
- Article 145
- Validation procedures
- Article 146
- Access by the Commission
- CHAPTER II
- Websites of Member States
- Article 147
- Operation of websites and web services
- Article 148
- Publicly accessible website and web services
- Article 149
- Secured website and web services
- TITLE X
- IMPLEMENTATION
- CHAPTER I
- Mutual assistance
- Section 1
- General provisions
- Article 150
- Scope
- Article 151
- Costs
- Article 152
- Single authority
- Article 153
- Follow up measures
- Section 2
- Information without prior request
- Article 154
- Information without prior request
- Section 3
- Requests for assistance
- Article 155
- Definition
- Article 156
- General requirements
- Article 157
- Transmission of requests and replies
- Article 158
- Requests for information
- Article 159
- Requests for enforcement measures
- Article 160
- Deadline for replies to requests for information and enforcement measures
- Article 161
- Requests for administrative notification
- Section 4
- Relations with the Commission or the body designated by it
- Article 162
- Communication between the Member States and the Commission or the body designated by it
- Article 163
- Coordination by the Commission or the body designated by it
- Section 5
- Relations with third countries
- Article 164
- Information exchange with third countries
- CHAPTER II
- Reporting obligations
- Article 165
- Format and deadlines for reports
- TITLE XI
- FINAL PROVISIONS
- Article 166
- Repeals
- Article 167
- Entry into force
- ANNEX I
- ANNEX II
- MINIMUM INFORMATION FOR THE FISHING LICENCES
- 1. FISHING VESSEL DETAILS(1)
- 2. LICENCE HOLDER / FISHING VESSEL OWNER(2) / FISHING VESSEL AGENT(2)
- 3. CHARACTERISTICS OF FISHING CAPACITY
- ANNEX III
- MINIMUM INFORMATION FOR FISHING AUTHORISATIONS
- A. IDENTIFICATION
- B. FISHING CONDITIONS
- ANNEX IV
- CHARACTERISTICS OF MARKER BUOYS
- WESTERN END MARKER BUOYS
- EASTERN END MARKER BUOYS
- INTERMEDIARY MARKER BUOYS
- ANNEX V
- ELECTRONIC DATA TRANSMISSION FORMAT OF THE VMS DATA FROM THE FLAG TO THE COASTAL MEMBER STATE
- A.
- Content of position report and definition of the data elements
- B.
- Structure of the position report
- ANNEX VI
- MODEL OF COMBINED EUROPEAN UNION FISHING LOGBOOK, LANDING DECLARATION AND TRANSHIPMENT DECLARATION
- ANNEX VII
- MODEL OF FISHING LOGBOOK AND LANDING/TRANSHIPMENT DECLARATION OF THE EUROPEAN UNION
- (MEDITERRANEAN SEA)
- ANNEX VIII
- ANNEX IX
- ANNEX X
- INSTRUCTIONS TO MASTERS OF EUROPEAN UNION FISHING VESSELS REQUIRED TO COMPLETE AND SUBMIT A FISHING LOGBOOK AND TO COMPLETE AND SUBMIT A LANDING AND OR TRANSHIPMENT DECLARATION IN PAPER FORMATS
- 1.
- Fishing logbook information for the fishing vessel using the models in Annexes VI, VII and VIII
- 2.
- Instructions concerning the landing/transhipment declaration
- 2.1.
- The models as shown in Annexes VI and IX (for landings or transhipments in NAFO 1 and ICES Va)
- 2.2.
- Information to be provided
- 3.
- Additional instructions for Masters of European Union fishing vessels of 10 metres overall length or more which are not subject to either the provisions of Article 9 of the Control Regulation, vessel monitoring system, or of the electronic completion and transmission of fishing logbook data in accordance with Article 15 of the Control Regulation, and that are required to record fishing effort in a fishing logbook
- 3.1.
- Information concerning fishing effort
- (a)
- Crossing an effort zone
- (b)
- Entry into an effort zone
- (c)
- Exit from an effort zone
- 3.2.
- Information concerning the communication of vessel movements
- ANNEX XI
- ANNEX XII
- ANNEX XIII
- ANNEX XIV
- ANNEX XV
- ANNEX XVI
- METHODOLOGY FOR ESTABLISHING THE SAMPLING PLANS REFERRED TO IN ARTICLES 16(1) AND 25(1) OF THE CONTROL REGULATION
- ANNEX XVII
- FISHING EFFORT REPORTING FORMATS
- ANNEX XVIII
- METHODOLOGY FOR CALCULATING THE AVERAGE NET WEIGHT OF BOXES OR BLOCKS OF FROZEN FISHERIES PRODUCTS
- ANNEX XIX
- METHODOLOGY FOR ESTABLISHING THE SAMPLING PLANS FOR WEIGHING OF LANDINGS OF FISHERIES PRODUCTS IN MEMBER STATES REFERRED TO IN ARTICLE 60(1) OF THE CONTROL REGULATION
- ANNEX XX
- METHODOLOGY FOR ESTABLISHING THE SAMPLING PLANS REFERRED TO IN ARTICLE 60(3) OF THE CONTROL REGULATION
- ANNEX XXI
- METHODOLOGY FOR ESTABLISHING THE CONTROL PLANS REFERRED TO IN ARTICLE 61(1) OF THE CONTROL REGULATION
- ANNEX XXII
- METHODOLOGY FOR ESTABLISHING THE COMMON CONTROL PROGRAMME REFERRED TO IN ARTICLE 61(2) OF THE CONTROL REGULATION
- ANNEX XXIII
- LIST OF INFORMATION REQUIRED FOR COMPLETION OF SURVEILLANCE REPORTS REGARDING SIGHTINGS AND DETECTIONS OF FISHING VESSELS
- GENERAL INFORMATION
- DETAILS OF FISHING VESSEL
- ANNEX XXIV
- INFORMATION WHICH SHALL BE LISTED ON THE SECURE SUBPAGES OF SECURE WEBSITES
- ANNEX XXV
- TASKS OF CONTROL OBSERVERS
- ANNEX XXVI
- FORMAT OF CONTROL OBSERVER REPORT
- CONTROL OBSERVER REPORT
- ANNEX XXVII
- INSPECTION REPORTS
- MINIMUM INFORMATION REQUIRED FOR COMPLETION OF INSPECTION REPORTS
- MODULE 1:
- INSPECTION OF A FISHING VESSEL AT SEA (INFORMATION TO BE ENTERED AS APPLICABLE)
- MODULE 2:
- INSPECTION OF A FISHING VESSEL TRANSHIPMENT (INFORMATION TO BE ENTERED AS APPLICABLE)
- MODULE 3.
- INSPECTION OF A FISHING VESSEL IN PORT OR ON LANDING AND BEFORE FIRST SALE (INFORMATION TO BE ENTERED AS APPLICABLE)
- MODULE 4.
- MARKET/PREMISES INSPECTION ( INFORMATION TO BE ENTERED AS APPLICABLE)
- MODULE 5.
- INSPECTION OF TRANSPORT VEHICLES (INFORMATION TO BE ENTERED AS APPLICABLE)
- ANNEX XXVIII
- MARKING OF FISHERY INSPECTION MEANS
- INSPECTION PENNANT OR SYMBOL
- ANNEX XXIX
- CONSTRUCTION AND USE OF BOARDING LADDERS
- ANNEX XXX
- ANNEX XXXI
- LIST OF DATA TO BE COMMUNICATED ON REQUEST TO THE COMMISSION
- I-A
- Regulation (EC) No 1198/2006
- Member State
- Information on individual operations
- Wording of table columns
- Columns 1 to 6:
- Administrative details of operation
- Columns 7 to 10:
- Expenditure forecasts under operation in accordance with administrative decision granting public aid taken by managing authority
- Columns 11 to13:
- Information concerning financial implementation of operation — statement of eligible expenditure and corresponding public aid
- I-B
- Regulation (EC) No 861/2006
- Member State
- Information on projects (one sheet by project)
- Wording of table columns
- Columns 1 to 3:
- Administrative details of the project
- Columns 4 to 6:
- Eligible expenditure under project concerned in accordance with the financial decision
- Column 7:
- Information concerning financial implementation of the project — statement of payments already done under the project
- ANNEX XXXII
- ANNEX XXXIII
- INFORMATION WHICH SHALL BE LISTED ON THE PUBLIC SUBPAGES OF PUBLICLY ACCESSIBLE WEBSITES
- ANNEX XXXIV
- STANDARD FORM FOR THE EXCHANGE OF INFORMATION ON REQUEST ACCORDING TO ARTICLE 158 OF THIS REGULATION
- ANNEX XXXV
- STANDARD FORM FOR THE REQUEST FOR ADMINISTRATIVE NOTIFICATION ACCORDING TO ARTICLE 161(2) OF THIS REGULATION
- ANNEX XXXVI
- STANDARD FORM FOR THE REPLY FOR ADMINISTRATIVE NOTIFICATION ACCORDING TO ARTICLE 161(3) OF THIS REGULATION
- ANNEX XXXVII
- LIST OF MINIMUM INFORMATION TO FORM THE BASIS FOR 5 YEARLY REPORT ON THE APPLICATION OF THE CONTROL REGULATION
- 1.
- GENERAL PRINCIPLES
- SUMMARY
- 2.
- GENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES
- SUMMARY
- 2.1
- Article 6 of the Control Regulation
- 2.2
- Article 7 of the Control Regulation
- 2.3
- Article 8 of the Control Regulation
- 2.4
- Article 9 of the Control Regulation
- 2.5
- Article 10 of the Control Regulation
- 2.6
- Article 11 of the Control Regulation
- 2.7
- Article 13 of the Control Regulation
- 3.
- CONTROL OF FISHERIES
- SUMMARY
- 3.1
- Articles 14, 15 and 16 of the Control Regulation
- 3.2
- Articles 16 and 25 of the Control Regulation
- 3.3
- Article 17 of the Control Regulation
- 3.4
- Article 18 of the Control Regulation
- 3.5
- Article 20 of the Control Regulation
- 3.6
- Articles 21 and 22 of the Control Regulation
- 3.7
- Article 26 of the Control Regulation
- 3.8
- Articles 33 and 34 of the Control Regulation
- 3.9
- Article 35 of the Control Regulation
- 4.
- CONTROL OF FLEET MANAGEMENT
- 4.1
- Article 38 of the Control Regulation
- 4.2
- Article 42 of the Control Regulation
- 4.3
- Article 43 of the Control Regulation
- 4.4
- Article 44 of the Control Regulation
- 4.5
- Article 46 of the Control Regulation
- 5.
- CONTROL OF TECHNICAL MEASURES
- SUMMARY
- 5.1
- Article 47 of the Control Regulation
- 5.2
- Article 48 of the Control Regulation
- 5.3
- Article 49 of the Control Regulation
- 6.
- CONTROL OF FISHING RESTRICTED AREAS
- SUMMARY
- 6.1
- Article 50 of the Control Regulation
- 7.
- REAL TIME CLOSURE OF FISHERIES
- SUMMARY
- 7.1
- Article 53 of the Control Regulation
- 8.
- CONTROL OF RECREATIONAL FISHERIES
- SUMMARY
- 8.1
- Article 55 of the Control Regulation
- 9.
- CONTROL OF MARKETING
- SUMMARY
- 9.1
- Article 56 of the Control Regulation
- 9.2
- Article 57 of the Control Regulation
- 9.3
- Article 58 of the Control Regulation
- 9.4
- Article 59 of the Control Regulation
- 9.5
- Article 60 of the Control Regulation
- 9.6
- Article 61 of the Control Regulation
- 9.7
- Article 62 of the Control Regulation
- 9.8
- Article 66 of the Control Regulation
- 9.9
- Article 68 of the Control Regulation
- 10.
- PRODUCER ORGANISATIONS AND PRICE AND INTERVENTION
- SUMMARY
- 10.1
- Article 69 of the Control Regulation
- 10.2
- Article 70 of the Control Regulation
- 11.
- SURVEILLANCE
- SUMMARY
- 11.1
- Article 71 of the Control Regulation
- 11.2
- Article 73 of the Control Regulation
- 12.
- INSPECTION AND ENFORCEMENT
- SUMMARY
- 12.1
- Articles 74 and 76 of the Control Regulation
- 12.2
- INSPECTION RESOURCE: VESSELS
- 12.3
- INSPECTIONS ACTIVITY: AT SEA
- 12.4
- INSPECTION RESOURCE: SURVEILLANCE AIRCRAFT
- 12.5
- FOLLOW UP OF INSPECTIONS AND INFRINGEMENTS DETECTED
- 12.6
- Article 75 of the Control Regulation
- 12.7
- Article 79
- 12.8
- Articles 80, 81, 82, 83 and 84 of the Control Regulation
- 12.9
- Articles 85 and 86 of the Control Regulation
- 13.
- ENFORCEMENT
- SUMMARY
- 13.1
- Article 92 of the Control Regulation
- 13.2
- Article 93 of the Control Regulation
- 14.
- CONTROL PROGRAMMES
- 14.1
- Article 94 of the Control Regulation
- 14.2
- Article 95 of the Control Regulation
- 15.
- DATA AND INFORMATION
- ANALYSIS AND AUDIT OF DATA
- 15.1
- Articles 109 to 116 of the Control Regulation
- 16.
- IMPLEMENTATION
- 16.1
- Articles 117 and 118 of the Control Regulation
- ADMINISTRATIVE AND MUTUAL CO-OPERATION
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