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Commission Regulation (EC) No 1542/2007 of 20 December 2007 on landing and weighing procedures for herring, mackerel and horse mackerel

Commission Regulation (EC) No 1542/2007 of 20 December 2007 on landing and weighing procedures for herring, mackerel and horse mackerel

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy(1), and in particular Article 23 thereof,

Whereas:

  1. Article 23(5) of Regulation (EC) No 2371/2002 provides that detailed rules may be adopted concerning the setting up of administrative and technical structures necessary for ensuring effective control, inspection and enforcement as laid down in Article 23(3) thereof.

  2. It is appropriate, in order to ensure fair competition, to introduce harmonised procedures for landing and weighing of herring, mackerel and horse mackerel.

  3. Procedures for landing and weighing have been developed during 2002 to 2005 in close cooperation between the Community, Norway and the Faeroe Islands and have been made part of Community legislation during the development phase as transitional technical and control measures in Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in community waters, and for Community vessels, in waters where catch limitations are required(2).

  4. To allow an adequate control and inspection of landings of herring, mackerel and horse mackerel by Community vessels landings should only be allowed in designated ports in the Community or in third countries that apply a system similar to the Community system for landing and weighing of those species.

  5. In order to improve the accuracy of the information submitted in the logbook, it is necessary to provide for certain exceptions to Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States’ catches of fish(3). For reasons of clarity, it is appropriate to specify that certain requirements of this Regulation apply in addition to those set out in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(4).

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

HAS ADOPTED THIS REGULATION:

CHAPTER I GENERAL PROVISIONS

Article 1 Scope

This Regulation shall apply to landings in the European Union (EU) by EU vessels and third country fishing vessels, or by EU fishing vessels in third countries, of quantities per landing exceeding 10 tonnes of herring (Clupea harengus), mackerel (Scomber scombrus) and horse mackerel (Trachurus spp.) or a combination thereof, taken in

  1. for herring in ICES zones(5) I, II, IIIa, IV, Vb, VI and VII;

  2. for mackerel in ICES zones: IIa, IIIa, IV, Vb, VI, VII, VIII, IX, X, XII, XIV and EU waters of CECAF(6);

  3. for horse mackerel: ICES zones IIa, IV, Vb, VI, VII, VIII, IX, X, XII, XIV and EU waters of CECAF.

Article 2 Designated ports

1.

Landings of herring, mackerel or horse mackerel shall be prohibited outside ports designated by Member States or third countries that have concluded agreements with the Community concerning the landings of such fish.

2.

Each Member State concerned shall transmit to the Commission a list of designated ports in which landings of herring, mackerel or horse mackerel may take place. It shall also communicate to the Commission the inspection and surveillance procedures applicable in those ports, including the terms and conditions for recording and reporting the quantities of any of such species within each landing.

3.

Each Member State concerned shall transmit to the Commission, at least 15 days before they enter into force, any changes to the lists of ports and to the inspection and surveillance procedures referred to in paragraph 2.

4.

The Commission shall transmit the information referred to in paragraphs 2 and 3 as well as the list of ports designated by third countries to all Member States concerned.

5.

The Commission and the Member State concerned shall publish the list of designated ports and the changes thereto on their websites.

CHAPTER II LANDINGS IN THE COMMUNITY

Article 3 Entry into port

Article 4 Discharge

Article 5 Logbook

Article 6 Weighing of fresh fish

Article 7 Weighing of fresh fish after transport

Article 8 Publicly operated weighing facilities for fresh fish

Article 9 Privately operated weighing facilities for fresh fish

Article 10 Labelling of frozen fish

Article 11 Weighing of frozen fish

Article 12 Keeping of weighing documents

Article 13 Sales note and takeover declaration

Article 14 Access by competent authorities

Article 15 Cross-checks

Article 16 Full inspection

Article 17 Documentation of inspection activities

CHAPTER III FINAL PROVISIONS

Article 18 Entry into force

ANNEX