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

Before the 15th day of each month, each flag Member State or, in the case of fishing without a vessel, each coastal Member State shall submit by electronic means to the Commission or the body designated by it, the aggregated data on:

Where the data submitted by a Member State in accordance with paragraph 2 are based on estimates for a species, a stock or a group of stocks, the Member State shall submit to the Commission the corrected data on quantities established on the basis of landing declarations, sales notes or catch declarations as soon as possible and no later than three months after the end of the period for which the quota or fishing effort limit was set.

Where a Member State detects inconsistencies between the information submitted to the Commission in accordance with paragraphs 2 and 3 of this Article and the results of the validation performed in accordance with Article 109, the Member State shall submit to the Commission the corrected data on quantities established on the basis of that validation as soon as possible and no later than six months after the end of the period for which the quota or fishing effort limit was set.

Where the Commission detects inconsistencies concerning the data submitted by a Member State to the Commission in accordance with this Article, it shall consult the Member State concerned, which shall correct the data and submit the corrected data to the Commission as soon as possible.

Catches of each species, a stock or a group of stocks subject to a quota shall be counted against the quotas applicable to the Member States in accordance with Article 15 of Regulation (EU) No 1380/2013.

Catches taken in the framework of scientific research which are marketed and sold, including, where appropriate, those below the applicable minimum conservation reference size, shall be recorded by the Member States and the data on such catches shall be submitted to the Commission. The catches shall be counted against the quota applicable to the flag Member State insofar as they exceed 2 % of the quota concerned. This paragraph shall not apply to catches taken during mandatory research surveys at sea as referred to in Article 5(1), point (b), of Regulation (EU) 2017/1004 of the European Parliament and of the Council ([^E0009]).

Except for fishing effort deployed by catching vessels that are exempted from the application of a fishing effort regime, all fishing effort deployed by Union catching vessels when carrying on board or, where appropriate, using a fishing gear which is subject to a fishing effort regime or operating in a fishery subject to a fishing effort regime in a geographical area subject to that fishing effort regime shall be counted against the maximum allowable fishing effort related to such fishing gear, fishery or geographical area which is available to the flag Member State concerned.

Fishing effort deployed in the framework of scientific research by a catching vessel carrying a fishing gear which is subject to a fishing effort regime or operating in a fishery subject to a fishing effort regime in a geographical area subject to that fishing effort regime shall be counted against the maximum allowable fishing effort related to such fishing gear, fishery or geographical area which is available to its flag Member State, if the catches taken during the deployment of that fishing effort are marketed and sold, insofar as they exceed 2 % of the fishing effort allocated. This paragraph shall not apply to catches taken during mandatory research surveys at sea as referred to in Article 5(1), point (b), of Regulation (EU) 2017/1004.

The Commission may, by means of implementing acts, lay down rules concerning the formats for the transmission of the data referred to in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Each Member State shall establish the date from which:

As from the date referred to in paragraph 1, the Member State concerned shall prohibit fishing operations, as well as fishing without a vessel, for the stock or the group of stocks for which the quota has been exhausted, in the relevant fishery, or when carrying on board the relevant fishing gear in the geographical area where the maximum allowable fishing effort has been reached, by all or part of the catching vessels flying the flag of that Member State or, as applicable, by its operators in the case of fishing without a vessel. In such a case, that Member State may fix a date by which transhipments, transfers and landings or final declarations of catches have to be completed.

The decision referred to in paragraph 2 shall be made public by the Member State concerned and immediately communicated to the Commission. The Commission shall make it publicly available on its website.

The Commission shall make available to Member States by electronic means the notifications received pursuant to this Article.

Where the Commission finds that a Member State has not complied with the obligation to notify the monthly data on fishing opportunities as provided for in Article 33(2), it may set the date on which 80 % of the fishing opportunities of that Member State are deemed to have been exhausted and it may set the estimated date on which the fishing opportunities shall be deemed to have been exhausted.

Where the Commission finds that fishing opportunities available to the Union, a Member State or group of Member States are deemed to have been exhausted, the Commission shall inform the Member States concerned thereof and may, by means of implementing acts, prohibit fishing operations, as well as fishing without a vessel, for the relevant area, fishing gear, stock, group of stocks or fleet involved in those fishing operations.

Where the Commission has prohibited fishing operations, as well as fishing without a vessel, because of the alleged exhaustion of the fishing opportunities available to a Member State or group of Member States or to the Union and it transpires that a Member State has not in fact exhausted its fishing opportunities, this Article shall apply.

If the prejudice suffered by the Member State for which fishing operations have been prohibited before its fishing opportunities were exhausted has not been removed, the Commission shall, by means of implementing acts, adopt measures with the aim of remedying, in an appropriate manner, the prejudice caused. Those implementing acts shall, in particular, lay down:

The deductions referred to in paragraph 2 and the consequent allocations shall be made taking into account as a matter of priority the species and relevant geographical areas for which the fishing opportunities were fixed. They may be made during the year in which the prejudice occurred or in the succeeding year or years.

Member States shall be responsible for carrying out the necessary checks in order to ensure that the total capacity corresponding to the fishing licences issued by a Member State, in GT and in kW, shall at any moment not be higher than the maximum capacity levels for that Member State established in accordance with:

Detailed rules for the application of this Article, and in particular regarding:

Member States shall inform the Commission as part of the report referred to in Article 118 of the check methods used, together with the names and addresses of the bodies responsible for carrying out the verifications referred to in paragraph 2 of this Article.

It shall be prohibited to fish with a fishing vessel that is equipped with an engine the power of which exceeds the one established in the fishing licence.

Member States shall ensure that the certified engine power is not exceeded. Member States shall inform the Commission as part of the report referred to in Article 118 on the control measures they have undertaken to ensure that the certified engine power is not exceeded.

Member States may charge parts or all costs arising from the certification of engine power to the operators of the fishing vessels.

Member States shall be responsible for certifying engine power and issuing engine certificates for  Union fishing vessels whose propulsion engine power exceeds 120 kilowatts (kW), except vessels using exclusively static gear or dredge gear, auxiliary vessels and vessels used exclusively in aquaculture.

A new propulsion engine, a replacement propulsion engine and a propulsion engine that has been technically modified of fishing vessels referred to in paragraph 1 shall be officially certified by the Member States’ competent authorities as not being capable of developing more maximum continuous engine power than stated in the engine certificate. Such a certificate shall only be issued if the engine is not capable of developing more than the stated maximum continuous engine power.

Member States’ competent authorities may assign the certification of engine power to classification societies or to other operators having the necessary expertise for the technical examination of engine power. Those classification societies or other operators shall only certify a propulsion engine as not being capable of exceeding the officially stated power if there is no possibility to increase the performance of the propulsion engine above the certified power.

It shall be prohibited to use a new propulsion engine, a replacement propulsion engine or a propulsion engine that has been technically modified if such engine has not been officially certified by the Member State concerned.

This Article shall apply for fishing vessels subject to a fishing effort regime as from 1 January 2012. For other fishing vessels it shall apply as from 1 January 2013.

Detailed rules for the application of this Section shall be adopted in accordance with the procedure referred to in Article 119.

Member States shall undertake, following a risk analysis, data verification, established on a sampling plan based on the methodology adopted by the Commission in accordance with the procedure referred to in Article 119, of the consistency of engine power using all the information available to the administration concerning the technical characteristics of the vessel concerned. In particular they shall verify the information contained in:

Following the analysis of the information referred to in paragraph 1, where there are indications that the engine power of a fishing vessel is greater than the power stated on its fishing licence, Member States shall proceed to a physical verification of the engine power.

Fishing vessels engaged in fisheries subject to a multiannual plan shall not tranship their catches on board of any other vessel in a designated port or  at a designated landing site unless they have been weighed in accordance with Article 60.

By way of derogation from paragraph 1, fishing vessels may tranship pelagic catches subject to a multiannual plan in designated ports or  at designated landing sites which have not been weighed provided that a control observer or an official is present on board the receiving vessel or an inspection is carried out before the departure of the receiving vessel after the transhipment is completed. The master of the receiving vessel is responsible for informing the competent authorities of the coastal Member State 24 hours before the estimated departure of the receiving vessel. The control observer or official shall be designated by the competent authorities of the flag Member State of the receiving vessel. If the receiving vessel engages in fishing activities before or after having received such catches, it shall carry on board the control observer or official until the landing of the received catches. The receiving vessel shall land the received catches in a port of a Member State designated for this purpose in accordance with the conditions laid down in Article 43(4) where the catch shall be weighed in accordance with  Article 60.

In a multiannual plan a threshold may be set, applicable to the live weight of species subject to that plan, above which a Union fishing vessel shall be required to land catches in a designated port or at a designated landing site.

Where quantities retained on board exceed the threshold referred to in paragraph 1, the master of a Union fishing vessel shall ensure that the landing of catches is carried out in a designated port or at a designated landing site in the Union.

When the multiannual plan is applied in the framework of a regional fisheries management organisation, the landings or transhipments may take place in the ports of a Contracting Party or a non-contracting Cooperating Party of that organisation, in accordance with the rules laid down by that regional fisheries management organisation.

Each Member State shall designate ports or  landing sites in which landings referred to in paragraph 2 shall take place.

For a port or  landing sites to be determined as a designated port, the following conditions shall be met:

Where a port or  landing sites has been determined as a designated port for the landing of a given species subject to a multiannual plan, it may be used for the landing of any other species.

Catches of demersal stocks subject to a multiannual plan which are retained on board a Union fishing vessel of 12 metres in length overall or more, and which are not below the minimum conservation reference size, shall be placed in boxes, compartments or containers separately for each of such stocks in such a way that they are identifiable from other boxes, compartments or containers.

Masters of Union fishing vessels shall keep the catches referred to in paragraph 1 according to a stowage plan that indicates the location of the different species in the holds.

It shall be prohibited to retain on board a Union fishing vessel in any box, compartment or container any quantity of catches referred to in paragraph 1 mixed with any other fishery products.

The Commission is empowered to adopt delegated acts in accordance with Article 119a concerning the exemption of certain demersal stocks from the obligation set out in this Article.

A Union catching vessel shall have equipment on board to retrieve its lost gear, including fishing gear, fishing aggregating devices and buoys.

The master of a  Union

If the lost gear cannot be retrieved, the master of the catching vessel shall include the information on the lost gear in the fishing logbook pursuant to Article 14(7). The competent authority of the flag Member State shall without delay forward that information to the competent authority of the coastal Member State.

If the gear that is retrieved by the competent authorities of the Member States has not been reported as lost, these authorities may recover the cost from the master of the  catching vessel that lost the gear.

Member States shall collect and record information concerning lost gear and provide that information to the Commission or EFCA upon request.

By 31 December every year, the Commission shall make publicly available on its website a compilation of the information referred to in paragraph 5 for the preceding year. The Commission may request EFCA to assist in the compilation of such information.

If catches which have been retained on board any  Union

Without prejudice to Article 44, the Commission may, by means of implementing acts, lay down detailed rules on the keeping on board of a stowage plan, by species, for processed products, indicating where they are located in the hold. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

All catches below the applicable minimum conservation reference size retained on board a Union fishing vessel shall be placed in boxes, compartments or containers in such a way that they are identifiable from other boxes, compartments or containers. Those catches shall not be mixed with any other fishery products.

Paragraph 1 shall not apply:

In the cases referred to in paragraph 2, Member States shall monitor the catch composition by way of sampling.

Fishing activities in fishing restricted areas located in Union waters shall be controlled by the coastal Member State. The coastal Member State shall have a system to detect and record the fishing vessels’ entry into, transit through and exit from fishing restricted areas under its sovereignty or jurisdiction.

Fishing activities of Union fishing vessels in fishing restricted areas located in third-country waters or on the high seas shall be controlled by the flag Member States.

Union and third-country catching vessels that are not authorised to conduct fishing activities in fishing restricted areas may only transit through such areas subject to the following conditions:

Paragraph 3 shall apply only insofar as the relevant restriction or prohibition of all or certain fishing activities in fishing restricted areas are in force.

The carrying out on board a fishing vessel of any physical or chemical processing of fish to produce fish-meal, fish-oil, or similar products or to tranship catches of fish for such purposes shall be prohibited.

Paragraph 1 shall not apply to:

Member States shall ensure that recreational fisheries on their territory and in Union waters are conducted in a manner compatible with the objectives and rules of the common fisheries policy.

Except for data for recreational fisheries recorded and reported pursuant to paragraph 3 and without prejudice to the collection of data for recreational fisheries under Regulation (EU) 2017/1004, coastal Member States shall collect data on catches by natural persons engaged in recreational fisheries for species, stocks or groups of stocks for which fishing opportunities are set by the Union, which are covered by a multiannual plan, or which are subject to the landing obligation. Those data shall be collected through data collection mechanisms based on a methodology, which shall be determined by each coastal Member State and notified to the Commission. Coastal Member States shall send those data to the Commission at least once a year referring to the preceding calendar year.

Coastal Member States shall ensure that natural persons engaged in recreational fisheries are registered and that they record and report their catches through an electronic system referred to paragraph 1 as follows:

The recording and reporting of catches from recreational fisheries by natural persons may be carried out by a legal person on their behalf.

The marketing or sale of catches from recreational fisheries shall be prohibited.

The Commission may, by way of implementing acts, adopt detailed rules concerning:

This Article shall apply to any recreational fishing activities, including fishing activities organised by commercial entities in the tourism sector and in the sector of sports competition.

Each Member State shall be responsible for controlling on its territory the application of the rules of the common fisheries policy at all stages of marketing of fishery and aquaculture products, from their placing on the market to the retail sale, including transport. Member States shall, in particular, take measures to ensure that the use of fishery products below the applicable minimum conservation reference size that are subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 is restricted to purposes other than direct human consumption, except where other rules of the common fisheries policy provide otherwise.

Where a minimum size has been fixed for a given species in Union legislation, operators responsible for purchasing, selling, stocking or transporting shall be able to prove the relevant geographical area of origin of the products.

Fishery and aquaculture products from catching or harvesting shall be put into lots prior to placing on the market.

A lot of fishery products or a lot of aquaculture products falling under Chapter 3 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87 ([^E0010]) (the ‘Combined Nomenclature’) shall contain only:

By way of derogation from paragraph 2, prior to the placing on the market, quantities of fishery products falling under Chapter 3 of the Combined Nomenclature totalling less than 30 kg of several species and coming from the same relevant geographical area and of the same product presentation, per catching vessel and per day, may be put into the same lot.

By way of derogation from paragraph 2, prior to the placing on the market, quantities of fishery products falling under Chapter 3 of the Combined Nomenclature of several species, consisting of individuals below the applicable minimum conservation reference size and coming from the same relevant geographical area and the same catching vessel, or group of catching vessels, may be put into lots for purposes other than direct human consumption.

After the placing on the market, a lot of fishery or aquaculture products falling under Chapter 3 of the Combined Nomenclature may only be merged with another lot or split, if the lot created by merging or the lots created by splitting meet the following conditions:

This Article shall not apply to ornamental fish, ornamental crustaceans, ornamental molluscs or ornamental algae.

Member States shall ensure that products to which common marketing standards apply are made available on the market in compliance with those standards. Member States shall undertake checks to ensure such compliance.

Operators at all stages of the supply chain responsible for purchasing, selling, stocking or transporting lots of fishery and aquaculture products shall be able to prove that the products comply, where applicable, with the common marketing standards.

Without prejudice to traceability requirements set out in Regulation (EC) No 178/2002 of the European Parliament and of the Council ([^E0011]), fishery and aquaculture products shall be put into lots by operators and shall be traceable at all stages of production, processing and distribution, from catching or harvesting to retail stage.

Lots of fishery or aquaculture products made available on the market or likely to be made available on the market shall be adequately marked to ensure the traceability of each lot.

Member States shall check that operators have in place systems and procedures to identify any operator from whom they have been supplied with lots of fishery and aquaculture products and to whom those products have been supplied. That information shall be made available to the competent authorities on demand.

Lots of fishery or aquaculture products falling under Chapter 3, Headings 1604 and 1605 of Chapter 16, and subheading 1212 21 of Chapter 12 of the Combined Nomenclature shall be accompanied by a minimum set of information in accordance with paragraphs 5, 10 and 11 of this Article respectively.

For lots of fishery or aquaculture products falling under Chapter 3 of the Combined Nomenclature, at least the following information shall be made available:

Operators at all stages of production, processing and distribution, from catching or harvesting to retail stage, shall ensure that in respect of each lot of fishery or aquaculture products falling under Chapter 3 of the Combined Nomenclature, the information listed in paragraph 5:

Member States shall cooperate with each other to ensure that the information referred to in paragraph 5 can be accessed by the competent authorities of a Member State other than the one where the fishery or aquaculture products have been put into lots or into which they have been imported, in particular when the information is provided by way of an identification tool such as a code, barcode, electronic chip or a similar device or marking system.

Member States may exempt from the requirements set out in this Article small quantities of fishery products which are sold directly to consumers from catching vessels, from operators fishing without a vessel, or from freshwater fisheries operators, provided that the products are used only for private consumption and that those quantities do not exceed 10 kg of fishery products per consumer per day. For salmon (Salmo salar) caught in the Baltic Sea, the threshold shall be two individuals per consumer per day.

The Commission shall conduct a study on feasible traceability systems and procedures, including minimum traceability information, for fishery and aquaculture products falling under headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature, with a view to defining detailed rules for such products. The study shall include an analysis of available digital solutions or methods which meet the requirements on traceability in this Regulation, while taking into account the impact on small operators.

The Commission shall adopt delegated acts in accordance with Article 119a supplementing this Regulation concerning the traceability requirements for lots of fishery or aquaculture products falling under headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature, including the use of digital systems, on the basis of the results of the study conducted in accordance with paragraph 9 of this Article. Those requirements shall apply from 10 January 2029.

The Commission shall adopt delegated acts in accordance with Article 119a supplementing this Regulation concerning the traceability requirements for lots and composition of lots of fishery and aquaculture products falling under subheading 1212 21 of Chapter 12 of the Combined nomenclature, including the use of digital systems. Those requirements shall apply from 10 January 2029.

The Commission is empowered to adopt delegated acts in accordance with Article 119a concerning:

This Article shall not apply to ornamental fish, ornamental crustaceans, ornamental molluscs or ornamental algae.

Member States shall ensure that all fisheries products are first marketed or registered at an auction centre or to registered buyers or to producer organisations.

The buyer of the fishery products at first sale shall be registered with the competent authorities of the Member State where the first sale takes place. For the purposes of registration, each buyer shall be identified according to its VAT number, tax identification number or other unique identifier in national databases.

This Article shall not apply to consumers acquiring fishery products which are not thereafter placed on the market but used only for private consumption, provided that those quantities do not exceed 10 kg of fishery products per consumer per day. For salmon (Salmo salar) caught in the Baltic Sea, that threshold shall be two individuals per consumer per day.

Member States shall ensure that all quantities of fishery products are weighed per species immediately after landing in a Member State, by operators referred to in paragraph 5 and on weighing systems approved by the competent authorities, prior to those products being held in storage, transported or placed on the market.

In the case of landings outside the Union and without prejudice to applicable specific provisions set out, in particular, in sustainable fisheries partnership agreements or in the law of third countries concerned, masters of Union fishing vessels or their representatives shall ensure that all quantities of fishery products are weighed, where possible, immediately after landing and prior to those products being held in storage, transported or placed on the market.

By way of derogation from paragraph 1 and subject to approval by the Commission by means of implementing acts, Member States in which the fishery products are landed may allow those products to be weighed on weighing systems approved by the competent authorities:

Masters shall ensure that all quantities of fishery products landed are weighed by an operator referred to in paragraph 5.

The weighing shall be carried out by an operator, who shall be a registered buyer, a registered auction, a producer organisation or any other natural or legal person, including the master, authorised by the competent authorities to carry out weighing activities. The operator carrying out the weighing shall be responsible for the accuracy of the weighing. Operators weighing fishery products shall complete a weighing record for each landing. They shall keep weighing records for a period of three years.

Member States shall ensure that the operators referred to in paragraph 5 are adequately equipped to carry out weighing activities.

The weighing records shall be immediately transmitted to the master and, where applicable, to the transporter. They shall be used for the completion of the landing declaration and, where applicable, of the transport document.

Member States may require the operators referred to in paragraph 5 to submit the weighing records at regular intervals, or upon request, to their competent authorities.

The competent authorities of a Member State may require that any quantity of fishery products landed in that Member State is weighed by, or weighed in the presence of, their officials before being transported elsewhere from the place of landing.

The Commission may, by means of implementing acts, adopt sampling plans, control plans and common control programmes referred to in paragraph 3, points (a), (b), (c) and (d), of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

The Commission may, by means of implementing acts, adopt rules on:

The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by laying down special rules for the weighing of certain pelagic species. Those rules may concern:

Registered buyers, registered auctions or producer organisations authorised by Member States shall record by electronic means the information referred to in Article 64(1) and shall submit by electronic means, within 48 hours after the first sale, a sales note containing such information to the competent authorities of the Member State in whose territory the first sale takes place. The accuracy of the sales note shall be the responsibility of those buyers, auctions or producer organisations.

Where the Member State in whose territory the first sale takes place is not the flag Member State of the concerned catching vessel, it shall ensure that a copy of the sales note, upon receipt thereof, is submitted by electronic means to the competent authorities of the flag Member State.

Where the first sale of fishery products does not take place in the Member State where the products have been landed, the Member State in whose territory the first sale takes place shall ensure that a copy of the sales note, upon receipt thereof, is submitted by electronic means to the competent authorities of the Member States where the products concerned have been landed.

Where the first sale takes place outside the Union, the master of the Union catching vessel, or a representative of the master, shall forward by electronic means a copy of the sales note, or any other equivalent document containing the same level of information, to the competent authority of the flag Member State within 48 hours after the first sale.

Where a sales note does not correspond to the invoice or to a document replacing it, as referred to in Articles 218 and 219 of Council Directive 2006/112/EC ([^E0012]), the Member State concerned shall adopt the necessary provisions to ensure that the information on the quantities and on the price, excluding tax for deliveries of goods to the purchaser, is identical to that indicated on the invoice.

The Commission may, by means of implementing acts, lay down detailed rules on:

The sales notes referred to in Article 62 shall have a unique identification number and contain the following data:

By way of derogation from paragraph 1, in the case of fishing without a vessel, the sales note shall contain at least the following information:

Where fishery products are intended for sale at a later stage, operators which are responsible for the storage of fishery products landed in a Member State shall record by electronic means the information referred to in paragraph 4 and shall submit by electronic means, within 24 hours after landing, a take-over declaration containing such information to the competent authorities of the Member State in whose territory the take-over takes place. Those operators shall be responsible for the accuracy of the take-over declaration.

Where the Member State in whose territory the take-over takes place is not the flag Member State of the fishing vessel that landed the fish, it shall ensure that a copy of the take-over declaration, upon receipt thereof, is submitted by electronic means to the competent authorities of the flag Member State.

Where the take-over takes place outside the Union, the master of the Union fishing vessel, or a representative of the master, shall forward by electronic means a copy of the take-over declaration or any other equivalent document containing the same level of information to the competent authority of the flag Member State within 48 hours after the take-over.

The take-over declaration referred to in paragraph 1 shall have a unique identification number and contain at least the following information:

By way of derogation from paragraph 4, in the case of fishing without a vessel, the take-over declaration shall contain at least the following information:

The Commission may, by means of implementing acts, lay down detailed rules on the format and submission of the take-over declaration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Where fishery products are transported before their first sale, including in the cases referred to in points (c) and (d) of Article 60(3), or before their first sale in a third country, they shall be accompanied by a transport document indicating the fishery products and quantities transported.

Before the transportation referred to in paragraph 1 begins, the transporter shall submit by electronic means the transport document to the competent authorities of the flag Member State, the Member State of landing, the Member State(s) of transit and the Member State of destination of the fishery products, as appropriate.

The transporter shall be responsible for the accuracy of the transport document.

The transport document referred to in paragraph 1 shall have a unique identification number and shall contain at least the following information:

By way of derogation from paragraph 4, in the case of fishing without a vessel, the transport document shall contain at least the following information:

The competent authorities of Member States may grant exemptions from the obligation set out in paragraphs 1 and 2 if the fishery products are transported within a port area or not more than 25 km from the place of landing.

Where fishery products that have been declared as sold in a sales note are transported to a location other than the place of landing, the transporter shall be able to prove that a sales transaction has taken place.

Member States may provide that the obligations and responsibilities of a transporter under paragraphs 2, 3 and 7 shall apply to any other operator.

The transport document referred to in paragraph 1 of this Article may be replaced by a copy of the landing declaration referred to in Article 23 or any equivalent document pertaining to the quantities of fishery products being transported, provided that the document replacing the transport document contains the same information provided for in paragraph 4 or 5 of this Article, as applicable.

The Commission may, by means of implementing acts, lay down detailed rules on the format and submission of the transport document. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Member States shall carry out surveillance in  Union waters under their sovereignty or jurisdiction based on:

If the sighting or detection does not correspond to other information available to the Member State, it shall undertake any investigations that may be necessary to determine the appropriate follow-up.

If the sighting or detection refers to a fishing vessel of another Member State or a third country and the information does not correspond to any other information that is available to the coastal Member State, and if that coastal Member State is not in a position to undertake further action, it shall record its findings in a surveillance report and shall transmit that report without delay, if possible by electronic means, to the flag Member State or to the third country concerned. In the case of a third-country vessel, the surveillance report shall also be sent to the Commission and to EFCA.

In the event that an official of a Member State sights or detects a fishing vessel engaged in activities that may be considered to be an infringement of the rules of the common fisheries policy, he shall without delay issue a surveillance report and send it to his competent authorities.

The Commission may, by means of implementing acts, lay down rules on the format and content of the surveillance report. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Flag Member States shall, upon receipt of a surveillance report from another Member State, take prompt action on it and undertake such further investigation as is necessary to allow them to determine appropriate follow-up.

Member States other than the flag Member State concerned shall, where appropriate, verify whether the sighted vessel reported has carried out activities in the waters under their jurisdiction or sovereignty or if fisheries products stemming from that vessel have been landed or imported into their territory and shall investigate its record of compliance with relevant conservation and management measures.

The Commission or the body designated by it or, where appropriate, the flag Member State and other Member States shall also examine suitably documented information regarding sighted vessels submitted by individual citizens, civil society organisations, including environmental organisations, as well as representatives of fisheries or fish trade stakeholder interests.

Where a Union control observer scheme has been established in accordance with the Treaty, control observers on board fishing vessels designated by Member States shall monitor the fishing vessel’s compliance with the rules of the common fisheries policy. They shall fulfil all the tasks of the observer scheme and in particular record the vessel’s fishing activities and examine relevant documents.

Control observers shall:

As far as possible, control observers shall ensure that their presence on board fishing vessels does not hinder or interfere with the fishing activities and the normal operations of the vessel.

In the event control observers notice a serious infringement, including the act of obstructing or otherwise preventing the performance by control observers of their duties, they shall inform without delay the competent authorities of the flag Member State.

Control observers shall draw up an observer report, if possible electronically, and forward it without delay, using if deemed necessary electronic means of transmission on board the fishing vessel, to their competent authorities and to the competent authorities of the flag Member State. Member States shall insert the report in the database referred to in Article 78.

In the event that the observer report indicates that the vessel observed has engaged in fishing activities contrary to the rules of the common fisheries policy, the competent authorities referred to in paragraph 4 shall take all appropriate action to investigate the matter.

Masters of  Union fishing vessels shall provide adequate accommodation for assigned control observers, facilitate their work and avoid interference with the discharge of their duties. Masters of  Union fishing vessels shall also provide control observers access to relevant parts of the vessel, including the catch, and to the vessel’s documents including electronic files.

All costs arising from the operation of control observers under this Article shall be borne by the flag Member States. In accordance with Article 39 of Regulation (EU) No 1380/2013, Member States may require the operators of the fishing vessels flying their flag involved in the relevant fishery to contribute to those costs, without prejudice to paragraph 2, point (b).

The Commission is empowered to adopt delegated acts in accordance with Article 119a concerning:

Member States shall set up and keep up to date a list of officials responsible for carrying out inspections.

Officials shall carry out their duties in accordance with Union law. They shall prepare and conduct inspections in a non-discriminatory manner at sea, along the shoreline, in ports and at landing sites, during transport, on processing premises and along the supply chain of the fishery products.

Officials shall verify compliance of the activities carried out by the operators and the masters with the rules of the common fisheries policy, and in particular:

Officials may examine all relevant areas, decks and rooms. They may also examine catches, whether processed or not, any fishing gear, equipment, containers and packages containing fish or fishery products and any relevant documents or electronic transmissions which they deem necessary to verify compliance with the rules of the common fisheries policy. They may question persons deemed to have information on the matter that is the subject of the inspection.

Officials shall receive the training necessary to perform their tasks.

Officials shall conduct inspections in such manner as to cause the least disturbance or inconvenience to the vessel or transport vehicle and its activities, and to the storing, processing and marketing of the catch. They shall, as far as possible, prevent any degradation of the catch during the inspection.

The competent authorities of the Member States shall have procedures in place to ensure that any complaint regarding the conduct of inspections is properly investigated.

If an official carrying out an inspection has reason to believe that a fishing vessel is engaged in fishing activities with the use of forced labour, as defined in Article 2 of the International Labour Organization (ILO) Convention No 29 on Forced Labour, that official shall notify any other relevant authorities of that Member State.

Coastal Member States may, subject to appropriate arrangements with the flag Member State, invite officials of the competent authorities of that Member State to participate in inspections of fishing vessels flying the flag of that Member State, whilst those vessels are operating in waters of the coastal Member State or landing in its ports or at its landing sites.

Member States shall adopt a risk-based approach for the selection of targets for inspection. For fisheries subject to specific control and inspection programmes referred to in Article 95, that approach shall be established in accordance with the harmonised methodology established by the Member States in cooperation with EFCA.

The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by laying down specific rules on the conduct of inspections. Those rules may concern: