Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006

TITLE I GENERAL PROVISIONS

Article 1

Subject matter

This Regulation establishes a  Union system for control, inspection and enforcement (hereinafter referred to as  Union control system) to ensure compliance with the rules of the common fisheries policy.

Article 2

Scope

Article 2a

Application of the Union control system to certain segments of the fleet of Mayotte as an outermost region

• (a) knowledge of fishing capacity;

• (b) access to Mayotte waters;

• (c) implementation of declaration obligations;

• (d) designation of the authorities responsible for the control activities;

• (e) measures ensuring that any enforcement on vessels longer than 10 metres length is carried out on a non-discriminatory basis.

By 30 September 2020, France shall present to the Commission an action plan setting out the measures to be taken in order to ensure the full implementation of Regulation (EC) No 1224/2009 from 1 January 2022 concerning fishing vessels which are less than 10 metres in overall length and which operate from Mayotte. That action plan shall be the subject of a dialogue between France and the Commission. France shall take all necessary measures to implement that action plan.

Article 3

Relationship with international and national provisions

Article 4

Definitions

For the purposes of this Regulation, the definitions set out in Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ([^E0001]) and Article 5 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council ([^E0002]) shall apply, unless otherwise provided for in this Regulation. The following definitions shall also apply:

• 1. ‘fishing activity’ means searching for fish, shooting, setting, towing, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fisheries products;

• 1a. ‘fishing operation’ means any activity in connection with searching for fish, the shooting, towing and hauling of active gear, the setting, soaking, removing or resetting of passive gear and the removal of any catch from the gear and keep nets, or from a transport cage to fattening and farming cages;

• 1. ‘rules of the common fisheries policy’ means legally binding Union acts and applicable international obligations of the Union relating to the conservation, management and exploitation of marine biological resources, to aquaculture, and to processing, transport and marketing of fishery and aquaculture products;

• 1. ‘control’ means monitoring and surveillance;

• 1. ‘inspection’ means any check which is carried out by officials regarding compliance with the rules of the common fisheries policy and which is noted in an inspection report;

• 1. ‘surveillance’ means the observation of fishing activities on the basis of sightings by inspection vessels, official aircraft, official remotely piloted aircraft systems (RPAS), vehicles or other means, including technical detection and identification methods;

• 1. ‘official’ means any person authorised by a competent authority of a Member State, the Commission or the European Fisheries Control Agency (EFCA), established under Regulation (EU) 2019/473 of the European Parliament and of the Council ([^E0003]), to carry out control or inspections;

• 1. ‘Union inspector’ means an official of a Member State, of the Commission or of EFCA, whose name is contained in the list established in accordance with Article 79;

• 1. ‘control observer’ means a person authorised by a national authority to observe the implementation of the rules of the common fisheries policy;

• 1. ‘fishing licence’ means an official document conferring on its holder the right, as determined by national rules, to use a certain fishing capacity for the commercial exploitation of marine biological resources;

• 1. ‘fishing authorisation’ means an authorisation issued in respect of a Union fishing vessel, where relevant in addition to its fishing licence, entitling it to carry out specific fishing activities during a specified period, in a given area or for a given fishery under specific conditions;

• 1. ‘automatic identification system’ means an autonomous and continuous vessel identification and monitoring system which provides means for ships to electronically exchange with other nearby ships and authorities ashore ship data including identification, position, course and speed;

• 1. ‘vessel position data’ means data on the fishing vessel identification, geographical position, date, time, course and speed transmitted by tracking devices on board fishing vessels to the fisheries monitoring centre of the flag Member State;

• 1. ‘vessel detection system’ means a satellite based remote sensing technology which can identify vessels and detect their positions at sea;

• 1. ‘fishing restricted area’ means a specific geographically defined marine area within one or more sea basins where all or certain fishing activities are temporarily or permanently restricted or prohibited in order to improve the conservation of marine biological resources or the protection of marine ecosystems under the rules of the common fisheries policy;

• 1. ‘fisheries monitoring centre’ means an operational centre established by a flag Member State and equipped with computer hardware and software enabling automatic data reception, processing, analysis, control, monitoring and electronic data transmission;

• 15a. ‘landing site’ means a location, other than a maritime port as defined in Article 2, point (16), of Regulation (EU) 2017/352 of the European Parliament and of the Council ([^E0004]), which is officially recognised by a Member State for landing;

• 1. ‘transhipment’ means the unloading of all or any fisheries or aquaculture products on board a vessel to another vessel;

• 1. ‘risk’ means the likelihood of an event that may occur and would constitute a violation of the rules of the common fisheries policy;

• 1. ‘risk management’ means the systematic identification of risks and the implementation of all measures necessary for limiting the occurrence of these risks. This includes activities such as collecting data and information, analysing and assessing risks, preparing and taking action, and regular monitoring and review of the process and its outcomes, based on international,  Union and national sources and strategies;

• 1. ‘operator’ means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products;

• 1. ‘lot’ means a batch of units of fishery or aquaculture products;

• 1. ‘processing’ means the process by which the presentation was prepared. It includes cutting, filleting, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fish for market in any other manner;

• 1. ‘landing’ means the first unloading of any quantity of fishery products from on board a fishing vessel to land;

• 1. ‘multiannual plan’ means a plan as referred to in Articles 9 and 10 of Regulation (EU) No 1380/2013, or another Union measure adopted on the basis of Article 43(2) TFEU providing for specific management or recovery of particular fish stocks and covering a period of more than one year;

• 1. ‘coastal State’ means the State in the waters under the sovereignty or jurisdiction or in the ports of which an activity takes place;

• 1. ‘enforcement’ means any actions taken to ensure compliance with the rules of the common fisheries policy;

• 1. ‘certified engine power’ means the maximum continuous engine power which can be obtained at the output flange of an engine according to the certificate issued by the Member State’s authorities or classification societies or other operators assigned by them;

• 1. ‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources for recreation, tourism or sport;

• 1. ‘relocation’ means fishing operations where the catch or part thereof is transferred or moved from shared fishing gear to a vessel or from a fishing vessel’s hold or its fishing gear to a keep net, container or cage outside the vessel in which the live catch is kept until landing;

• 1. ‘relevant geographical area’ means a sea area that is considered as a unit for the purposes of geographical classification in fisheries expressed by reference to a FAO sub-area, division or sub-division, or where applicable an ICES statistical rectangle, fishing effort zone, economic zone or area bounded by geographical coordinates;

• 1. ‘fishing vessel’ means a catching vessel or any other vessel used for commercial exploitation of marine biological resources, including support vessels, fish processing vessels, vessels engaged in transhipment, towing vessels, auxiliary vessels and carrier vessels used for the transportation of fishery products, but excluding container vessels and vessels used exclusively for aquaculture;

• 1. ‘fishing opportunity’ means a quantified legal entitlement to fish, expressed in terms of catches and/or fishing effort;

• 1. ‘catching vessel’ means a vessel equipped or used for the capture of marine biological resources for commercial purposes;

• 1. ‘slipping’ means the practice of intentionally releasing fish from fishing gear before that gear is fully brought on board a catching vessel;

• 1. ‘fishing trip’ means any voyage of a catching vessel which starts at the moment when the vessel leaves a port and ends on arrival in port;

• 1. ‘unique fishing trip identification number’ means the specific number generated by the electronic fishing logbook for each fishing trip;

• 1. ‘sensitive species’ means a sensitive species as defined in Article 6, point (8), of Regulation (EU) 2019/1241 of the European Parliament and of the Council ([^E0005]);

• 1. ‘fishing without a vessel’ means an activity for the commercial exploitation of marine biological resources where those resources are caught or harvested without the use of a catching vessel, such as gathering of shellfish, underwater fishing, ice fishing and fishing from the shore, including fishing on foot;

• 1. ‘unique fishing day identification number’ means the specific number generated for any continuous period of 24 hours or part thereof during which fishing without a vessel takes place.

TITLE II GENERAL PRINCIPLES

Article 5

General principles

TITLE III GENERAL CONDITIONS FOR ACCESS TO WATEŘS AND RESOURCES

Article 6

Fishing licence

Article 7

Fishing authorisation for Union catching vessels

• (a) a fishing effort regime;

• (b) a multiannual plan;

• (c) a fishing restricted area;

• (d) fishing for scientific purposes;

• (e) the obligation to use a remote electronic monitoring (REM) system, including CCTV; or

• (f) other cases laid down in Union legislation.

• (a) in its territorial waters;

• (b) in the territorial waters of another Member State which has exempted vessels flying its flag and carrying out fishing activities in the same fishery from the obligation to have a fishing authorisation.

Any Member State that decides to apply the exception referred to in the first subparagraph shall inform the Commission and other Member States concerned thereof within 10 working days from its decision.

Article 7a

Fishing authorisation for Union fishing vessels other than catching vessels

Article 8

Marking and identification of Union fishing vessels and gear

• (a) marking and identification of vessels;

• (b) vessel identification documents to be carried on board;

• (c) marking and identification of craft and fishing aggregating devices;

• (d) marking and identification of fishing gear;

• (e) labels for the marking of fishing gear;

• (f) marking of buoys and setting of cords;

• (g) procedures for the notification and return to port of the end-of-life fishing gear.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Article 9

Vessel monitoring systems

The vessel monitoring systems shall also allow the fisheries monitoring centre of the flag Member State referred to in Article 9a to poll a fishing vessel at all times. The transmission of vessel position data and the polling shall either pass through a satellite connection or, where possible, a land-based mobile network or other equivalent technology.

The vessel monitoring system shall allow the fisheries monitoring centre of the flag Member State referred to in Article 9a to poll the position of the fishing vessel through a satellite connection or, where possible, any other network. In the event that the device referred to in this paragraph is not within reach of a network, the vessel position data shall be recorded during that period of time and shall be transmitted automatically as soon as the vessel is in reach of such network. Connection with the network shall be re-established at the latest before entering a port or landing site.

• (a) operate exclusively:
• (i) in the waters under the sovereignty or jurisdiction of that Member State up to six nautical miles from the baselines from which the breadth of the territorial sea is measured and use only passive gear; or
• (ii) in the waters on the landward side of the baselines of that Member State;

• (b) never spend more than 24 hours at sea from the time of departure from port to the return to port; and

• (c) are not subject to restrictions applicable in any fishing restricted area in which they operate.

• (a) the format and content of vessel position data;

• (b) the minimum requirements and minimum technical specifications of vessel monitoring devices;

• (c) the frequency of transmission of the data concerning the position and movement of fishing vessels, including in fishing restricted areas;

• (d) the transmission of data to coastal Member States;

• (e) the responsibilities of the masters of fishing vessels concerning the operation of vessel monitoring devices.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Article 9a

Fisheries monitoring centres

• (a) the monitoring of entry into and exit from specific areas;

• (b) the monitoring and recording of fishing activities;

• (c) the rules applicable in the event of a technical or communication failure or non-functioning of the vessel monitoring device;

• (d) measures to be taken in the event of non-receipt of data concerning the position and movement of fishing vessels.

Article 10

Automatic identification systems

Article 11

Vessel detection system

Where Member States have clear evidence of a cost benefit in relation to the traditional control means in the detection of fishing vessels, they shall use a vessel detection system allowing them to match the positions derived by remotely sensed images sent to earth by satellites or other equivalent systems with the data received by vessel monitoring system or automatic identification system, in order to assess the presence of fishing vessels in the area. Member States shall ensure that their fisheries monitoring centres possess the technical capacity to use a vessel detection system.

Article 12

Transmission of data for surveillance operations

For the purposes of maritime safety and security, border control, protection of the marine environment and general law enforcement, data from the vessel monitoring system(s) and the vessel detection system collected in the framework of this Regulation shall be made available to the Commission, Union agencies and competent authorities of the Member States engaged in surveillance operations.

Article 13

New technologies

TITLE IV CONTROL OF FISHERIES

CHAPTER I Control of the use of fishing opportunities

Section 1 General provisions

Article 14

Completion of the fishing logbook

• (a) the unique fishing trip identification number;

• (b) the common fleet register (CFR) number or, where that number is not available, another vessel identification number and the name of the catching vessel;

• (c) the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken;

• (d) the date and, for vessels of 12 metres in length overall or more, the time of catches;

• (e) the date and time of departure from, and of arrival to, port;

• (f) the type of fishing gear, its technical specifications and dimensions;

• (g) the estimated quantities in kilograms live weight or, where appropriate, the number of individuals, of each species retained on board, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size. For Union catching vessels of 12 metres in length overall or more, this information shall be provided per fishing operation;

• (h) estimated quantities of each species discarded in kilograms live weight or, where appropriate, in number of individuals;

• (i) where applicable, the conversion factor(s) used;

• (j) data required in application of fisheries agreements referred to in Article 3(1).

For species retained on board the quantity of which does not exceed 100 kg of live-weight equivalent, the permitted margin of tolerance shall be 20 % per each species.

• (a) in the case of landings in listed ports and subject to additional conditions concerning the landing and the weighing of catches in order to ensure accurate catch reporting:
• (i) for species representing 2 % or more in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % of the total quantity of all species recorded in the fishing logbook, per each species;
• (ii) for species that represent less than 2 % in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 200 kg or 0,5 % of the total quantity of all species recorded in the fishing logbook, per each species, whichever is greater. In addition to the provisions set out in points (i) and (ii), in any event, for the total quantity of all species, the permitted margin of tolerance in estimates recorded in the fishing logbook of the total quantity in kilograms of fish retained on board shall be 10 % of the total quantity of all species recorded in the fishing logbook. The conditions concerning landing and weighing shall include safeguards allowing for the accurate reporting of the catches, such as the involvement of accredited independent third parties or specific requirements for the sampling and weighing operations. Those conditions shall provide for the necessary control by, and cooperation with, the relevant competent authorities of the country concerned;

• (b) in the case of landings other than those referred to in point (a):
• (i) for species representing 2 % or more in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % per each species;
• (ii) for species that represent less than 2 % in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 200 kg or 20 % per each species recorded in the fishing logbook, whichever is greater.

The Commission shall, by means of implementing acts, approve the ports which comply with the conditions set out in accordance with this Article and on the basis of submissions by the Member States. The initial list of ports shall be adopted by 10 July 2024. The Commission may amend the list and may revoke its approval of a listed port in the event that the conditions are no longer met.

• (a) the type and approximate dimensions of the lost gear;

• (b) the date and estimated time when the gear was lost;

• (c) the position where the gear was lost;

• (d) the measures undertaken to retrieve the lost gear.

• (a) with regard to towed gear:
• (i) entry into, and exit from, the port located in that area;
• (ii) each entry into, and exit from, maritime areas where specific rules on access to waters and resources apply;
• (iii) the catch retained on board by species in kilograms live weight at the time of exit from that area or before entry into a port located in that area;

• (b) with regard to static gear:
• (i) entry into, and exit from, the port located in that area;
• (ii) each entry into, and exit from, maritime areas where specific rules on access to waters and resources apply;
• (iii) the date and time of setting or resetting of the static gear in these areas;
• (iv) the date and time of the completion of fishing operations using the static gear;
• (v) the catch retained on board by species in kilograms live weight at the time of exit from that area or before entry into a port located in that area.

• (a) the implementation of the margin of tolerance as defined in paragraphs 3 and 4;

• (b) the use of conversion factors.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Article 15

Electronic submission of the fishing logbook

• (a) at least once a day;

• (b) after the last fishing operation and before entering a port or a landing site.

Article 15a

Electronic fishing logbook and other systems for vessels of less than 12 metres in length overall

For the purposes of Articles 14 and 15, for catching vessels of less than 12 metres in length overall Member States may use a system for fishing logbooks developed at national or Union level. If one or more Member States so request by 10 May 2024, the Commission shall develop such a system for catching vessels of less than 12 metres in length overall. If one or more Member States so request, the system developed by the Commission shall be such as to allow the operators concerned to also fulfil their obligations under Articles 9, 19a, 20, 21, 22, 23 and 24. A requesting Member State shall implement the system as developed by the Commission.

Article 15b

Delegated and implementing acts concerning fishing logbook requirements

• (a) the rules applicable in the event of technical or communication failure or non-functioning of electronic recording and reporting systems for fishing logbook data;

• (b) measures to be taken in the event of non-receipt of fishing logbook data;

• (c) the access to fishing logbook data and measures to be taken in the event of data access failure;

• (d) the exemption of certain categories of Union catching vessels from the obligations laid down in Article 14(2), points (d) and (g), to record in the fishing logbook the time of the catches and the estimated quantities per fishing operation.

• (a) the format, content and procedure for submission of the fishing logbook;

• (b) the completion and electronic recording of information in the fishing logbook;

• (c) the functioning of the electronic recording and reporting system for fishing logbook data;

• (d) the requirements for the transmission of fishing logbook data from a Union catching vessel to the competent authorities of its flag State and return messages from the authorities;

• (e) the tasks of the single authority referred to in Article 5(5) with regard to the fishing logbook;

• (f) the frequency of fishing logbook data submissions.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Article 16

Fishing vessels not subject to fishing logbook requirements

Article 17

Prior notification

• (a) the unique fishing trip identification number and, in the case of vessels other than catching vessels, the unique fishing trip identification number(s) related to the catches;

• (b) the CFR number or, where that number is not available, another vessel identification number and the name of the fishing vessel;

• (c) the port or landing site of destination and the purposes of the call, such as landing, transhipment or access to services;

• (d) the dates of the fishing trip;

• (e) the estimated date and time of arrival at port or landing site;

• (f) the FAO alpha-3 code of each species and the relevant geographical areas in which the catches were taken;

• (g) the quantities of each species recorded in the fishing logbook, including, as a separate entry, those below the applicable minimum conservation reference size;

• (h) the quantities of each species to be landed or transhipped, including, as a separate entry, those below the applicable minimum conservation reference size.

1a. The coastal Member State where the landing takes place may set a shorter period for the prior notification referred to in paragraph 1 for certain categories of Union fishing vessels, taking into account the type of fishery products and the distance between the fishing grounds and the port or landing site, and provided that such shorter period of prior notification does not impair the ability of that Member State to carry out inspections. That coastal Member State shall make such shorter period for prior notification publicly available and shall communicate it without delay to the Commission. The Commission shall make it available on its website.

1b. Where catches are taken between the time of the prior notification and arrival at port, those additional catches shall be notified in another prior notification.

• (a) exempting certain categories of Union fishing vessels from the obligation set out in paragraph 1, taking into account the quantities and type of fishery products to be landed and the risk of non-compliance with the rules of the common fisheries policy;

• (b) adopting rules to be applied in the event of technical or communication failure or non-functioning of electronic recording and reporting systems for prior notification;

• (c) adopting measures to be taken in the event of non-receipt of prior notification data;

• (d) adopting rules on the access to prior notification data and measures to be taken in the event of data access failure.

Article 19

Authorisation to enter port

The competent authorities of the coastal Member State may deny access to port to fishing vessels if the information referred to in Article 17 is not complete, except in cases of force majeure or distress.

Article 19a

Prior notification of landing in third-country ports

• (a) the unique fishing trip identification number and, in the case of fishing vessels other than catching vessels, the unique fishing trip identification number(s) related to the catches;

• (b) the CFR number or, where that number is not available, another vessel identification number and the name of the fishing vessel;

• (c) the port of destination and the purposes of the call, such as landing or access to services;

• (d) the dates of the fishing trip;

• (e) the estimated date and time of arrival at port;

• (f) the FAO alpha-3 code of each species and the relevant geographical areas in which the catches were taken;

• (g) the quantities in kilograms live weight or, where appropriate, in number of individuals of each species recorded in the fishing logbook or transhipment declaration, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size;

• (h) the quantities, in kilograms live weight or, where appropriate, in number of individuals of each species to be landed, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size.

Article 20

Transhipment operations

2a. Without prejudice to Article 4(4) of Council Regulation (EC) No 1005/2008 ([^E0008]) and Article 43(3) of this Regulation, donor and receiving Union fishing vessels shall be authorised to tranship at sea outside Union waters or in ports of third countries only subject to an authorisation received by their flag Member State(s).

2b. In order to apply for an authorisation to tranship under paragraph 2a, masters of donor and receiving Union fishing vessels shall submit electronically to their flag Member State, at least 48 hours before the planned transhipment operation, the following information:

• (a) the unique fishing trip identification number(s) and, in the case of fishing vessels other than catching vessels, the unique fishing trip identification number(s) related to the catches;

• (b) the CFR number or, where that number is not available, another vessel identification number(s) and the name of both the donor and the receiving fishing vessels;

• (c) the FAO alpha-3 code of each species to be transhipped and the relevant geographical area(s) in which the catches were taken;

• (d) the estimated quantities of each species to be transhipped in kilograms in product weight and in live weight, broken down by type of product presentation and state of processing;

• (e) the port of destination of the receiving fishing vessel;

• (f) the date and time of the planned transhipment;

• (g) the geographical position or the specific name of the port in which the transhipment operation is planned.

2c. The Commission may, by means of implementing acts, lay down detailed rules on product presentation and the state of processing, in particular through codes and descriptions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Article 21

Completion of the transhipment declaration

• (a) the unique fishing trip identification number(s) and, in the case of fishing vessels other than catching vessels, the unique fishing trip identification number(s) related to the catches;

• (b) the CFR number or, where that number is not available, another vessel identification number(s) and the name of both the donor and the receiving fishing vessels;

• (c) the FAO alpha-3 code of each transhipped species and the relevant geographical area(s) in which the catches were taken;

• (d) the estimated quantities of each transhipped species in kilograms in product weight and in live weight, broken down by type of product presentation and state of processing, or, where appropriate, the number of individuals, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size;

• (e) the port or landing site of destination of the receiving fishing vessel and estimated date and time of arrival;

• (f) date and time of transhipment;

• (g) the geographical area or the designated port of transhipment;

• (h) the conversion factor(s) used.

Article 22

Electronic transmission of transhipment declaration data

• (a) laying down the rules to be applied in the event of technical or communication failure or non-functioning of electronic recording and reporting systems for transhipment data;

• (b) adopting measures to be taken in the event of non-receipt of transhipment data;

• (c) adopting rules on the access to transhipment data and measures to be taken in the event of data access failure.

• (a) the format and procedure for submission of the transhipment declaration;

• (b) the completion and electronic recording of the transhipment declaration data;

• (c) the functioning of the electronic recording and reporting system for transhipment data;

• (d) the requirements for the transmission of transhipment data from a Union fishing vessel to the competent authorities of its flag Member State and return messages from the authorities of the flag Member State.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Article 23

Completion of the landing declaration

• (a) the unique fishing trip identification number;

• (b) the CFR number or, where that number is not available, another vessel identification number, and the name of the fishing vessel;

• (c) the FAO alpha-3 code of each species landed and the relevant geographical area in which the catches were taken;

• (d) the quantities of each species landed in kilograms of product weighed in accordance with Article 60 and in live weight, broken down by type of product presentation and state of processing, or, where appropriate, in number of individuals, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size;

• (e) the port of landing or landing site;

• (f) date and time of the completion of the landing or, in the event that the landing takes longer than 24 hours, the date and time of the start and of the completion of the landing;

• (g) date and time of the completion of the weighing or, in the event that the weighing takes longer than 24 hours, the date and time of the start and of the completion of the weighing;

• (h) the name or an identification number of the operator referred to in Article 60(5);

• (i) the conversion factors used.

Article 24

Electronic transmission of landing declaration data

• (a) laying down detailed rules on derogations concerning the submission of the landing declaration;

• (b) laying down the rules to be applied in the event of technical or communication failure or non-functioning of electronic recording and reporting systems for landing declaration data;

• (c) adopting measures to be taken in the event of non-receipt of landing declaration data;

• (d) adopting rules on the access to landing declaration data and measures to be taken in the event of data access failure.

• (a) the format and procedure for submission of the landing declaration;

• (b) the completion and digital recording of landing declaration data;

• (c) the functioning of the electronic recording and reporting systems for landing declaration data;

• (d) the requirements for the transmission of landing declaration data from a Union fishing vessel to the competent authorities of its flag State and return messages from the authorities.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Article 25

Vessels not subject to landing declaration requirements

Section 2 Control of fishing effort

Article 26

Monitoring of fishing effort

Article 27

Notification of fishing gear

Article 29

Exemptions

Article 30

Exhaustion of fishing effort

• (a) it has exhausted the share of the maximum allowable fishing effort related to such geographical area and to such fishing gear or gears that has been assigned to it; or

• (b) the maximum allowable fishing effort related to such geographical area and to such fishing gear or gears available to its flag Member State has been exhausted.

• (a) it has exhausted the share of the maximum allowable fishing effort related to that geographical area and to that fishery that has been assigned to it; or

• (b) the maximum allowable fishing effort related to that geographical area and to that fishery available to its flag Member State has been exhausted.

Article 31

Catching vessels exempted from the application of a fishing effort regime

This Section shall not apply to Union catching vessels to the extent that they are exempted from the application of a fishing effort regime.

Section 3 Recording and exchange of data by Member States

Article 33

Recording of catches and fishing effort