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Commission Regulation (EC) No 1077/2008 of 3 November 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing and repealing Regulation (EC) No 1566/2007

Commission Regulation (EC) No 1077/2008 of 3 November 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing and repealing Regulation (EC) No 1566/2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1966/2006 of 21 December 2006 on electronic recording and reporting of fishing activities and on means of remote sensing(1), and in particular Article 5 thereof,

Whereas:

  1. Article 22(1)(c) of Council Regulation (EC) No 2371/2002(2) provides that activities within the scope of the Common Fisheries Policy are prohibited unless a master, without undue delay records and reports information on fishing activities, including landings and transhipments and that copies of the records shall be made available to the authorities.

  2. In accordance with Council Regulation (EC) No 1966/2006 the obligation to electronically record and transmit logbook, landing declaration and transhipment data applies to masters of Community fishing vessels exceeding 24 m length overall within 24 months of entry into force of the implementing rules and to masters of Community fishing vessels exceeding 15 m length overall within 42 months of entry into force of the implementing rules.

  3. Daily reporting of fishing activities creates the potential to enhance significantly the efficiency and effectiveness of monitoring, control and surveillance operations both at sea and on land.

  4. Article 6 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the Common Fisheries Policy(3) provides that masters of Community fishing vessels shall keep a logbook of their operations.

  5. Article 8 of Council Regulation (EEC) No 2847/93 provides that the master of each Community fishing vessel having an overall length equal to or more than 10 m or his representative, shall after each fishing trip and within 48 hours of landing submit a declaration to the competent authorities of the Member States where the landing takes place.

  6. Article 9 of Council Regulation (EEC) No 2847/93 provides that auction centres or other bodies or persons authorised by Member States which are responsible for the first marketing of fishery products shall, upon first sale, submit a sales note to the competent authorities in whose territory the first marketing takes place.

  7. Article 9 of Council Regulation (EEC) No 2847/93 also provides that where the first marketing of fisheries products does not take place in the Member State where the products have been landed, the Member State responsible for monitoring the first marketing shall ensure that a copy of the sales note is submitted to the authorities responsible for monitoring the landing of the products as soon as possible.

  8. Article 19 of Council Regulation (EEC) No 2847/93 requires Member States to create computerised databases and to establish a validation system comprising in particular cross-checks and verification of data.

  9. Article 19b and 19e of Council Regulation (EEC) No 2847/93 require masters of Community fishing vessels to make effort reports and to record them in their logbook.

  10. Article 5 of Council Regulation (EC) No 2347/2002(4) requires the master of a Community fishing vessel holding a deep-sea fishing permit to record in a logbook or in a form provided by the flag Member State information concerning fishing gear characteristics and fishing operations.

  11. Council Regulation (EC) No 768/2005(5) establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy provides for the operation of joint deployment plans.

  12. Commission Regulation (EC) No 1566/2007(6) laid down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 as regards electronic recording and reporting of fishing activities.

  13. It is necessary, at present, to further detail and clarify some provisions contained in Regulation (EC) No 1566/2007.

    To that end it is appropriate to repeal Regulation (EC) No 1566/2007 and to replace it by a new Regulation.

  14. 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:

CHAPTER I GENERAL PROVISIONS

Article 1 Scope

1.

This Regulation shall apply to:

  1. Community fishing vessels exceeding 24 metres length overall, as from 1 January 2010;

  2. Community fishing vessels exceeding 15 metres length overall, as from 1 July 2011;

  3. registered buyers, registered auctions or other entities or persons authorised by Member States that are responsible for the first sale of fisheries products with an annual financial turnover in first sales of fishery products in excess of EUR 400 000, as from 1 January 2009.

2.

Notwithstanding paragraph 1(a), this Regulation shall apply as from a date earlier than 1 January 2010 to Community fishing vessels flying the flag of a given Member State and exceeding 24 metres length overall, if it is so provided by that State.

3.

Notwithstanding paragraph 1(b), this Regulation shall apply as from a date earlier than 1 July 2011 to Community fishing vessels flying the flag of a given Member State and exceeding 15 metres length overall, if it is so provided by that State.

4.

Notwithstanding the dates laid down in paragraphs 1(a) and 1(b), a Member State may decide to apply this Regulation to vessels of 15 metres or less flying its flag prior to those dates in accordance with Article 3(2) of Council Regulation (EC) No 1966/2006.

5.

Member States may conclude bilateral agreements on the use of electronic reporting systems on vessels flying their flags within the waters under their sovereignty or jurisdiction on condition that the vessels comply with all rules laid down in this Regulation.

6.

This Regulation shall apply to Community fishing vessels regardless of the waters in which they carry out fishing operations or of the ports in which they land.

7.

This Regulation shall not apply to Community fishing vessels used exclusively for exploitation of aquaculture.

Article 2 List of operators and vessels

1.

Each Member State shall establish a list of registered buyers, registered auctions or other entities or persons that it has authorised and that are responsible for the first sale of fishery products with an annual financial turnover of fishery products in excess of EUR 400 000. The first reference year shall be 2007 and the list shall be updated on 1 January of the current year (year n) on the basis of the annual financial turnover of fishery products in excess of EUR 400 000 in year n-2. That list shall be published on an official web site of the Member State.

2.

Each Member State shall establish and periodically update lists of Community fishing vessels flying its flag to which the provisions of this Regulation apply in accordance with Article 1(2), (3), (4) and (5). The lists shall be published on an official web site of the Member State and shall be in the format to be decided in consultations between the Member States and the Commission.

Article 3 Definitions

For the purpose of this Regulation the following definitions shall apply:

  1. ‘fishing operation’ means all activities in connection with searching for fish, the shooting, setting and hauling of a fishing gear and the removal of any catch from the gear;

  2. ‘joint deployment plan’ means a plan setting out operational arrangements for the deployment of available means of control and inspection.

CHAPTER II ELECTRONIC TRANSMISSION

Article 4 Information to be transmitted by masters of vessels or their representatives

Article 5 Information to be transmitted by entities or persons responsible for first sale or take-over

Article 6 Frequency of transmission

Article 7 Format for transmission of data from a vessel to the competent authority of its flag State

Article 8 Return messages

CHAPTER III EXEMPTIONS

Article 9 Exemptions

CHAPTER IV FUNCTIONING OF ELECTRONIC RECORDING AND REPORTING SYSTEMS

Article 10 Provisions in the event of technical failure or non-functioning of electronic recording and reporting systems

Article 11 Non-receipt of data

Article 12 Data access failure

Article 13 Data on the functioning of the electronic reporting system

CHAPTER V DATA EXCHANGE AND ACCESS

Article 14 Format for exchange of information between Member States

Article 15 Access to data

Article 16 Exchange of data between Member States

Article 17 Single authority

CHAPTER VI FINAL PROVISIONS

Article 18 Repeal

Article 19 Entry into force

ANNEX(1)