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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

Type Regulation

Publication 2009-12-22

Last updated 2026-01-10

State In force

Department Council of the European Union

Source EUR-Lex

articles 128

Reform history JSON API

The operator and the master shall assist and cooperate with officials in the performance of their duties relating to inspections. They shall facilitate the safe access to the vessel, including its holds, transport vehicles, containers or storage rooms where fishery products are stored, processed or marketed, or facilities where fishing gear is stored or repaired. They shall ensure the safety of the officials and shall not obstruct, intimidate or interfere with the officials in the performance of their duties.

The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by laying down rules on the duties of operators and masters relating to inspections.

Article 76

Inspection report

Officials shall draw up an inspection report after each inspection and shall forward it to their competent authorities. Data contained in this report shall be recorded and transmitted by electronic means. In the case of an inspection of a fishing vessel flying the flag of another Member State, a copy of the inspection report shall be sent by electronic means and without delay to the flag Member State.

In the case of an inspection of a fishing vessel flying the flag of a third country, a copy of the inspection report shall be sent by electronic means and without delay to the competent authorities of the third country concerned. In the case where a serious infringement is detected, a copy of the inspection report shall also be sent to the Commission.

In the case of an inspection carried out in the waters or ports under the jurisdiction of a Member State other than the inspecting Member State, in accordance with this Regulation, or in the waters or ports of a third country in accordance with international agreements, a copy of the inspection report shall be sent by electronic means and without delay to that Member State or that third country.

Officials shall communicate their findings from the inspection to the operator or to the master, who shall have the possibility to comment on the inspection and its findings. Those comments shall be reflected in the inspection report. Officials shall indicate in the fishing logbook that an inspection has been made.

A copy of the inspection report shall be sent as soon as possible to the operator or to the master, and in any case no later than 15 working days after the completion of the inspection.

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

Article 77

Admissibility of inspection and surveillance reports

Inspection and surveillance reports drawn up by Union inspectors or officials of another Member State or Commission officials or competent authorities from a third country shall constitute admissible evidence in administrative or judicial proceedings of any Member State. For establishing facts, inspection and surveillance reports drawn up by Union inspectors or officials of another Member State or Commission officials shall be treated as equivalent to inspection and surveillance reports of the Member States.

Article 78

Electronic database

Each Member State shall set up and keep up-to-date an electronic database where it uploads all inspection reports and surveillance reports concerning operators established in its territory and fishing vessels flying its flag, drawn up by its officials, as well as other inspection reports and surveillance reports drawn up by its officials. The Commission and EFCA shall have remote access to the Member State databases, in accordance with Article 110.

Each Member State shall store, in an electronic format, inspection reports and surveillance reports concerning fishing vessels flying its flag drawn up by officials of third countries.

The Commission may, by means of implementing acts, lay down detailed rules concerning the operation of the electronic database. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Article 79

Union inspectors

Member States and Commission shall notify a list of officials to EFCA to be included in the list of Union inspectors. EFCA shall keep and update the list of Union inspectors, including officials of Member States, Commission officials and officials of EFCA. EFCA shall make that list available to the Commission and to the Member States.

Without prejudice to the primary responsibility of coastal Member States, Union inspectors may carry out inspections in accordance with this Regulation on the territory of Member States and in Union waters, and on Union fishing vessels outside Union waters. In the case of an inspection on the territory of a Member State, Union inspectors not appointed by that Member State may only carry out such inspections in the presence of an official appointed by that Member State in charge of the inspection, or with the agreement of that Member State.

Union inspectors may be assigned for:

(a) the implementation of the specific control and inspection programmes adopted in accordance with Article 95;

(b) international fisheries control programmes, where the Union is under an obligation to provide for control.

Union inspectors may assist in training activities related to control and inspection, including training activities involving third-country officials.

For the accomplishment of their tasks and subject to paragraph 6, Union inspectors shall, to the same extent and under the same conditions as officials of the Member State in which the inspection takes place, have access without delay to:

(a) all areas on board Union fishing vessels and any other vessels carrying out fishing activities, public premises or places and means of transport; and

(b) all relevant information and documents which are needed to fulfil their tasks, in particular fishing logbooks, fishing licences, certification of engine power, data from REM systems, landing declarations, catch certificates, transhipment declarations and sales notes.

Union inspectors shall have no police and enforcement powers beyond the territory of their Member State of origin, or outside the Union waters under the sovereignty and jurisdiction of their Member State of origin.

When assigned as Union inspectors, officials of the Commission or of EFCA shall have no police and enforcement powers.

The Commission shall, by means of implementing acts, lay down detailed rules concerning:

(a) the notification of Union inspectors to EFCA;

(b) the adoption and maintenance of the list of Union inspectors;

(d) the powers and duties of Union inspectors;

(e) the reports of Union inspectors;

(f) the follow-up of reports of Union inspectors.

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

CHAPTER II Inspections outside the waters of the inspecting Member State

Article 80

Inspections of fishing vessels outside the waters of the inspecting Member State

Without prejudice to the primary responsibility of the coastal Member State, a Member State may inspect fishing vessels flying its flag in all Union waters outside waters under the sovereignty of another Member State.

A Member State may carry out inspections on fishing vessels of another Member State in accordance with this Regulation relating to fishing activities in all Union waters outside waters under the sovereignty of another Member State:

(a) following authorisation by the coastal Member State concerned; or

(b) where a specific control and inspection programme has been adopted in accordance with Article 95.

A Member State shall be authorised to inspect Union fishing vessels flying the flag of another Member State in international waters.

A Member State may inspect Union fishing vessels flying its own flag or the flag of another Member State in waters or ports of third countries in accordance with international agreements.

Member States shall designate the competent authority which shall act as the contact point for the purpose of this Article. The contact point of the Member States shall be available 24 hours a day.

Article 81

Requests for authorisation

Requests for authorisation of a Member State to carry out inspections on fishing vessels in Union waters outside waters under its sovereignty or jurisdiction, as referred to in Article 80(2)(a), shall be decided by the coastal Member State concerned within 12 hours of the time of the request or within an appropriate period where the reason for the request is a hot pursuit commenced in the waters of the inspecting Member State.

The requesting Member State shall be informed of the decision without delay. Decisions shall also be communicated to the Commission or the body designated by it.

Requests for authorisations shall only be refused, in whole or in part only to the extent necessary, for compelling reasons. Refusals and the reasons underlying them shall be sent without delay to the requesting Member State and to the Commission or the body designated by it.

CHAPTER III Procedures in the event of an infringement

Article 82

Duties of officials in the event of an infringement

If the information collected during an inspection or any other relevant data or information leads the official to believe that an infringement of the rules of the common fisheries policy has been committed, the official shall:

(a) note the detected infringement in the inspection report;

(b) take all necessary actions to ensure safekeeping of the evidence pertaining to such detected infringement;

(d) inform the natural or legal person suspected of having committed the infringement, or that was caught in the act of committing the infringement, that the infringement may result in sanctions being imposed and an appropriate number of points being assigned in accordance with Article 92. That shall be noted in the inspection report.

Officials may remain on board a fishing vessel until the necessary steps have been taken in relation to the investigation as referred to in Article 85. The same shall apply, mutatis mutandis, to inspections carried out on any premises where fishery or aquaculture products are landed, stored, processed or marketed, as well as to inspections during the transport of those products. Where the inspection is carried out in respect of a vehicle used for transporting fishery or aquaculture products, the vehicle shall not be authorised to continue until the necessary steps have been taken in relation to the investigation as referred to in Article 85.

Article 83

Infringements detected outside the waters of the inspecting Member State

If an infringement has been detected as a result of an inspection carried out in accordance with Article 80, the inspecting Member State shall without delay submit a summary inspection report to the coastal Member State or, in case of an inspection outside Union waters, to the flag Member State of the fishing vessel concerned. A full inspection report shall be submitted to the coastal and to the flag Member State within 15 days from the time of inspection.

The coastal Member State or, in case of an inspection outside Union waters, the flag Member State of the fishing vessel concerned shall undertake all appropriate measures in respect of the infringement referred to in paragraph 1.

Article 85

Proceedings

Without prejudice to Article 72, Article 83(2) and Article 86, the competent authorities of the Member States shall take appropriate measures in accordance with Title VIII and immediately proceed with the investigation where any infringement is detected in the course of an inspection carried out by their officials, officials of other Member States, Union inspectors or officials of third countries, or where any relevant data or information leads the competent authorities of Member States to believe that an infringement of the rules of the common fisheries policy has been committed.

In the case of a serious infringement, Member States shall take appropriate immediate measures in accordance with Article 91.

Article 86

Transfer of proceedings

The Member State in the territory or waters of which an infringement has been detected may transfer proceedings relating to that infringement to the competent authorities of the flag Member State or the Member State of which the person suspected of having committed an infringement is a national, in agreement with the Member State concerned and on the condition that the transfer is more likely to achieve the result referred to in Article 89a(2).

The flag Member State may transfer proceedings relating to an infringement to the competent authorities of the Member State which has detected that infringement, in agreement with the Member State concerned and on the condition that the transfer is more likely to achieve the result referred to in Article 89a(2).

Article 88

Corrective measures in the absence of proceedings by the Member State of landing or transhipment

If the Member State of landing or transhipment is not the flag Member State and its competent authorities do not take appropriate measures against the natural or legal persons responsible, or do not transfer proceedings in accordance with Article 86, the quantities of fish caught, discarded, landed or transhipped in breach of the rules of the common fisheries policy may be counted against the quota allocated to the Member State of landing or transhipment.

The Commission shall, by means of implementing acts, decide on the quantities of fish to be counted against the quota of the Member State of landing or transhipment after the Commission has consulted the Member States concerned.

If the Member State of landing or transhipment no longer has a corresponding quota at its disposal, Article 37 shall apply. To that end the quantities of fish caught, discarded, landed, or transhipped in breach of the rules of the common fisheries policy shall be deemed equivalent to the amount of the prejudice suffered, as referred to in that Article, by the flag Member State.

TITLE VIII ENFORCEMENT

Article 89

Measures and sanctions to ensure compliance

In conformity with their national law and with the provisions of this Regulation, Member States shall lay down rules on measures and sanctions against the natural person having committed or a legal person held liable for a breach of the rules of the common fisheries policy, and shall systematically:

(a) initiate proceedings in accordance with Article 85;

(b) take appropriate measures when an infringement is detected; and

(c) apply sanctions under this Title against the natural or legal persons having committed or held liable for a breach of the rules of the common fisheries policy.

The competent authorities of the Member State having jurisdiction in the event of an infringement shall, without delay and in compliance with their national law, notify the flag Member State, the Member State of which the offender is a national, or any other Member State relevant for the administrative or criminal proceedings, of such proceedings or other measures taken under this Title.

Member States shall, by 10 April 2026, notify national provisions referred to in paragraph 1 to the Commission and shall notify it without delay of any subsequent amendment thereof.

Article 89a

Sanctions

Member States shall ensure that a natural person having committed, or a legal person held liable for, infringements of the rules of common fisheries policy is subject to effective, proportionate and dissuasive administrative sanctions. Member States may also, or alternatively, use effective, proportionate and dissuasive criminal sanctions.

Member States shall ensure that the overall level of sanctions and accompanying sanctions applied in accordance with this Regulation and the relevant provisions of national law is proportionate to the seriousness of infringements and adequate in severity to effectively discourage further infringements and deprive those responsible of the economic benefit derived or expected from the infringement, without prejudice to the legitimate right to exercise their profession. For that purpose, account shall be taken of immediate enforcement measures taken pursuant to Article 91.

When determining these sanctions the Member States shall take into account, in particular, the gravity, nature and extent of the infringement, including the prejudice or the level of the damage to the fishing resources and the marine environment concerned, its duration or repetition, and the accumulation of simultaneous infringements. Member States may also take into account the economic situation of the offender to ensure the dissuasiveness of these sanctions.

Member States may apply a system whereby a financial penalty is proportionate to the turnover of the legal person, or to the economic benefit derived or expected from the infringement.

Article 90

Serious infringements

For the purposes of this Regulation, ‘serious infringement’ means an infringement listed in paragraph 2 or considered serious pursuant to paragraph 3.

Any of the following activities shall constitute a serious infringement:

(a) fishing without a valid licence, authorisation or permit issued by the flag State or the relevant coastal State;

(b) falsifying or concealing markings, identity or registration of a fishing vessel;

(d) obstructing the work of officials or observers, in the exercise of their duties;

(e) transhipping without the required authorisation or where such transhipment is prohibited;

(f) conducting transfer operations or caging, in particular as referred to in Regulation (EU) 2023/2053 of the European Parliament and of the Council ([^E0013]), in breach of the rules of the common fisheries policy;

(g) transhipping from or to, conducting transfer operations with, participating in joint fishing operations with, or supporting or supplying vessels listed in the IUU vessel list of the Union or of a regional fisheries management organisation, as referred to in Articles 29 and 30 of Regulation (EC) No 1005/2008;

(h) participating in the operation, management, ownership of, including as a beneficial owner as defined in Article 3, point (6), of Directive (EU) 2015/849 of the European Parliament and of the Council ([^E0014]), or supplying services, including logistic, insurance and other financial services, to operators connected to, a vessel listed in the IUU vessel list of the Union or of a regional fisheries management organisation as referred to in Articles 29 and 30 of Regulation (EC) No 1005/2008;

(i) carrying out fishing activities in contravention of the rules applicable in a fishing restricted area;

(j) fishing for, catching, retaining on board, transhipping, landing, storing, selling, displaying or offering for sale species for which such activities are prohibited, subject to the conditions set out in Articles 10 and 11 of Regulation (EU) 2019/1241;

(k) conducting fishing activities involving species subject to catch limits for which the operator does not have a quota or does not have access to the quota of the flag Member State, species for which the quota is exhausted, or species subject to a fishing moratorium, temporary prohibition or closed season, except accidental catches, unless the activity is a serious infringement under point (j);

(l) operating, managing or owning a fishing vessel having no nationality and therefore a stateless vessel in accordance with international law;

(m) using prohibited fishing gear or methods, as referred to in Article 7 of Regulation (EU) 2019/1241 or any other equivalent rules of the common fisheries policy;

(n) falsifying documents, information or data, written on paper or stored in electronic form, referred to in the rules of the common fisheries policy;

(o) manipulating an engine or a continuous engine power monitoring device with the aim of increasing the power of the vessel to exceed the maximum continuous engine power according to the engine certificate;

(p) conducting fishing activities with the use of forced labour, as defined in Article 2 of the ILO Convention No 29 on Forced Labour.

The following activities shall constitute a serious infringement where the competent authority of the Member State concerned determines that at least one of the criteria defined in Annex IV is met:

(a) using falsified or invalid documents, information or data, written on paper or stored in electronic form, referred to in the rules of the common fisheries policy;

(b) failing to fulfil obligations to accurately record, store and report data relating to fishing activities, including data to be transmitted by vessel monitoring systems, as well as data with regard to prior notifications, catch declarations, transhipment declarations, fishing logbooks, landing declarations, weighing records, take-over declarations, transport documents or sales notes as required under the rules of the common fisheries policy, except for obligations relating to the margin of tolerance as referred to in point (c);

(c) failing to fulfil obligations to accurately record estimates of quantities within the permitted margin of tolerance, in accordance with Article 14(3) and (4) and Article 21(3) of this Regulation and Article 13 of Regulation (EU) 2016/1139 of the European Parliament and of the Council ([^E0015]);

(d) failing to fulfil obligations relating to the characteristics or use of fishing gear, acoustic deterrent devices, selectivity or fish aggregating devices, in particular as regards marking and identification, areas, depths, periods, number of gear and mesh sizes, or of the equipment for grading, water separation or processing, or failing to comply with measures to reduce incidental catches of sensitive species as required under the rules of the common fisheries policy, unless the activity is a serious infringement under paragraph 2;

(e) failing to bring and retain on board the fishing vessel, including through slipping, or failing to land or, where applicable, tranship or transfer, species subject to the landing obligation, including catches below the minimum conservation reference size, in breach of the rules of the common fisheries policy applicable to fisheries or fishing zones;

(f) carrying out fishing activities in the area of a regional fisheries management organisation in a manner inconsistent with, or in contravention of, applicable conservation and management measures of that organisation, unless the activity is a serious infringement under paragraph 2 or under other points of this paragraph;

(g) making available on the market fishery or aquaculture products in breach of the rules of the common fisheries policy, unless the activity is a serious infringement under paragraph 2 or under other points of this paragraph;

(h) conducting recreational fishing activities in breach of the rules of the common fisheries policy or selling fishery products from recreational fisheries;

(i) committing multiple infringements of the rules of the common fisheries policy;

(j) conducting any of the activities referred to in paragraph 2, point (g), in relation to a vessel engaged in IUU fishing as defined in Regulation (EC) No 1005/2008 and not listed in the IUU vessel list of the Union or of a regional fisheries management organisation;

(k) using an engine power exceeding the maximum continuous engine power certified and recorded in the Member State fishing fleet register;

(l) landing in ports of third countries without prior notification as referred to in Article 19a;

(m) conducting business directly connected to IUU fishing, including trade in, import, export, processing and marketing of, fishery products stemming from IUU fishing;

(n) illegally disposing of fishing gear or gear at sea from a fishing vessel.

The Commission is empowered to adopt delegated acts in accordance with Article 119a to amend the criteria set out in Annex IV where there are clear indications that this is necessary to ensure effective and proportionate enforcement of the rules of the common fisheries policy by and across Member States. It shall take into account, in particular, advice of the expert group on compliance referred to in Article 37 of Regulation (EU) No 1380/2013 or the findings of the report drawn up by the Commission under Article 118(2) of this Regulation. Any such amendments shall not add any new criteria and shall repeal criteria only in exceptional cases.

Article 91

Immediate enforcement measures for serious infringements

Where any relevant data or information leads competent authorities of Member States to believe that a natural person has committed or a legal person is liable for a serious infringement, or where a natural person is caught in the act of committing a serious infringement, Member States shall immediately, in addition to the investigation of the infringement in accordance with the provisions of Article 85, in conformity with their national law, take relevant and immediate measures such as:

(a) ordering the cessation of fishing activities;

(b) the rerouting of the fishing vessel to a port;

(d) the ordering of a bond;

(e) the seizure of the fishing vessel, transport vehicle, fishing gear, catches or fishery products or the profit earned from the sale of the catches or fishery products;

(f) restriction to or prohibition of the placing on the market of fishery products;

(g) the temporary immobilisation of the fishing vessel or transport vehicle concerned;

(h) the suspension of the authorisation to fish;

(i) ordering the temporary cessation of business activities.

The immediate measures referred to in paragraph 1 shall be of such nature as to prevent the continuation of the detected serious infringement concerned, to enable all the necessary action to be taken for ensuring safekeeping of the evidence pertaining to such infringement and to allow the competent authorities to complete their investigation.

The Member State concerned shall immediately, and in conformity with its national law, notify the flag State of the measures referred to in paragraph 1.

Article 91a

Sanctions for serious infringements

Without prejudice to other sanctions applied in accordance with this Regulation and national law, Member States shall ensure that a serious infringement which has led to obtaining fishery or aquaculture products shall be punishable by administrative financial penalties, the minimum of which shall be at least the value of the fishery or aquaculture products obtained as a result of committing the serious infringement, and the maximum of which shall be at least five times the value of the fishery or aquaculture products obtained as a result of committing the serious infringement.

In the case of a repeated serious infringement within a three-year period which has led to obtaining fishery or aquaculture products, Member States shall ensure that the serious infringement is punishable by administrative financial penalties, the minimum of which shall be at least twice the value of the fishery or aquaculture products obtained as a result of committing the serious infringement, and the maximum of which shall be at least eight times the value of the fishery or aquaculture products obtained as a result of committing the serious infringement.

Notwithstanding paragraphs 1 and 2, Member States may in their national legal system establish standard rates for administrative financial penalties instead of minimum administrative penalties.

The minimum standard rates shall not be lower than the average value of fishery or aquaculture products obtained as a result of committing a serious infringement. In the event of a repeated serious infringement as referred to in paragraph 2, the minimum standard rates shall not be lower than twice that average value.

Member States establishing such standard rates may allow courts or competent authorities to deviate from those standard rates where necessary for the sanctions to be effective, proportionate and dissuasive, and to impose administrative financial penalties up to a maximum which shall be at least five times the value of the fishery or aquaculture products obtained as a result of committing the serious infringement, or, in the case of a repeated serious infringement as referred to in paragraph 2, at least eight times that value.

The minimum level or the standard rate of administrative financial penalties established in paragraphs 1, 2 and 3, is without prejudice to the application of any rules concerning mitigating circumstances and other factors, provided for under national law, when deciding on the sanctions to be applied in each individual case.

When calculating the value of the fishery or aquaculture products obtained as a result of committing the serious infringement, Member States shall consider national prices at first sale, prices identified on principal international markets relevant for the species and fishing area concerned or the prices of the European Market Observatory for Fisheries and Aquaculture Products (EUMOFA) platform, at the time when the infringement was committed.

Where the serious infringement did not lead to obtaining fishery or aquaculture products, the administrative financial penalties shall be determined by the Member States in accordance with Article 89a, at a level ensuring that these are effective, proportionate and dissuasive.

Member States may also, or alternatively, use effective, proportionate and dissuasive criminal sanctions while ensuring that those sanctions have an equivalent effect to the administrative financial penalties referred to in this Article.

Article 91b

Accompanying sanctions

The sanctions provided for in Articles 89, 89a and 91a may be accompanied by other sanctions, in particular:

(a) the immobilisation of the fishing vessel(s) or vehicle(s) involved in the infringement;

(b) the confiscation of the vessel(s), vehicle(s), prohibited fishing gear, catches or fishery products;

(d) the reduction or withdrawal of fishing rights;

(e) the exclusion from the right to obtain new fishing rights;

(f) the ban on access to public assistance or subsidies;

(g) the suspension or withdrawal of the status of approved economic operator granted pursuant to Article 16(3) of Regulation (EC) No 1005/2008;

(h) the removal of the fishing vessel from the national register;

(i) the suspension or cessation of all or part of the economic activities of the operator related to the common fisheries policy;

(j) the suspension or withdrawal of the authorisation to engage in trading activities concerning fishery and aquaculture products.

Member States shall determine, in accordance with their national law, the duration of the sanctions referred to in paragraph 1.

When a vessel is subject to immobilisation under of paragraph 1, point (a), decided by its flag Member State or has its fishing authorisation suspended or withdrawn in accordance with paragraph 1, point (c), the flag Member State shall suspend its fishing licence for the same duration or withdraw it.

Article 92

Point system for serious infringements

Member States shall apply a point system for serious infringements referred to in Article 90, except for serious infringements which are not applicable to the holder of the fishing licence or the master.

When a natural person has committed, or a legal person is held liable for, a serious infringement, a number of points calculated in accordance with Annex III shall be assigned to the holder of the fishing licence for the fishing vessel concerned.

The points assigned shall be transferred to any future holder of the fishing licence for the catching vessel concerned where the vessel or the licence is sold, transferred or otherwise changes ownership after the date of the infringement, including to another Member State.

Member States shall also establish a point system under which the master of a vessel is assigned the same number of points as the holder of the fishing licence as a result of a serious infringement related to the vessel and committed during the period of his or her command, in accordance with Annex III. Where the master of the vessel is not a national of the flag Member State, the flag Member State shall notify the number of points assigned to the master to the Member State of which the master is a national, or, in the case of nationals of third countries, to any State concerned.

When two or more serious infringements by the same natural or legal person holding the fishing licence or by the master are detected in the course of one inspection, points in respect of each serious infringement concerned shall be assigned in accordance with paragraph 2, up to a maximum of 12 points for all those infringements.

When the total number of points equals or exceeds 18 points, the fishing licence and/or the right to command a fishing vessel as a master shall be automatically suspended for a period of at least two months. That period shall be: four months if the suspension occurs a second time and the points equals or exceeds 36 points; eight months if the suspension occurs a third time and the number of points equals or exceeds 54 points; and one year if the suspension occurs a fourth time and the number of points equals or exceeds 72 points. In the event that the suspension occurs a fifth time and the number of points equals or exceeds 90 points, the fishing licence and the right to command a fishing vessel as a master shall be withdrawn, and the fishing vessel shall not be used for commercial exploitation of marine biological resources.

Member States shall ensure that a natural person for which the suspension or withdrawal of the right to command a fishing vessel has been triggered pursuant to paragraph 6 is not allowed to operate as a master on board a fishing vessel flying their flag. In the event of the suspension of the right to command, this paragraph shall apply only for the period of the suspension.

If the holder of a fishing licence or the master does not commit a serious infringement within three years from the date of committing the last serious confirmed infringement, all points shall be deleted.

When a Member State other than the flag Member State has confirmed, under its national law, that a serious infringement has been committed within its jurisdiction, it shall notify it to the flag Member State in order for the latter to determine and to assign the number of points in accordance with Annex III.

10.

Member States shall designate the competent national authorities responsible for setting up the system for the assignment of points for serious infringements, assigning the appropriate number of points to the holder of a fishing licence and to the master and transferring the points in accordance with paragraph 3.

11.

Member States shall ensure that the application of national proceedings does not render the point system ineffective.

12.

The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by laying down rules on:

(a) the follow-up of suspension and permanent withdrawal of a fishing licence or of a right from exercising fishing activity as a master;

(b) measures to be taken in the event of illegal fishing activities during the suspension period or after the permanent withdrawal of a fishing licence or of a right to carry out fishing activities as a master;

(d) the registration of masters authorised to carry out fishing activities and the recording of points assigned to masters.

13.

The Commission shall, by means of implementing acts, lay down detailed rules concerning:

(a) the notifications of decisions on assignment of points;

(b) the transfer of the points in accordance with paragraph 3;

(c) the deletion from relevant lists of fishing licences or of the right to command a fishing vessel as a master, for the person responsible for serious infringements;

(d) the obligation to provide information on the point system for masters of fishing vessels established by the Member States.

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

Article 92a

Liability of legal persons

Legal persons shall be held liable for serious infringements where such infringements have been committed for their benefit by any natural person, acting either individually or as part of an organ of the legal person, and having a determining position within the legal person concerned based on any of the following:

(a) a power of representation of the legal person;

(b) an authority to take decisions on behalf of the legal person; or

A legal person may be held liable where the lack of supervision or control, by a natural person referred to in paragraph 1, has made possible the commission of a serious infringement for the benefit of that legal person by a natural person under its authority.

Liability of a legal person shall not exclude proceedings against natural persons who are perpetrators of, instigators of or accessories in the infringements concerned.

Article 92b

Obligation to notify a definitive ruling

The competent authorities of the Member State having jurisdiction in respect of an infringement shall, without delay and in compliance with the applicable procedures under national law, notify the flag State, the State of which the natural person having committed the infringement is a national or where the legal person held liable for the infringement is established, and, where appropriate, the coastal State, port State or the State in which the processing takes place, of any definitive ruling related to such infringement.

In the event of serious infringements detected in Union waters or in Union ports in relation to fishing vessels flying the flag of third countries, the competent authorities of the Member State concerned shall also, without delay, notify the Commission of any definitive ruling related to such infringements.

In the event of a notification by the Member State referred to in paragraph 1, the flag Member State shall assign the appropriate number of points to the holder of the fishing licence and to the master of the fishing vessel concerned.

Article 93

National register on infringements

Member States shall enter in a national register all confirmed infringements of the rules of the common fisheries policy committed by fishing vessels flying their flag or by their nationals, and by fishing vessels flying the flag of a third country or by nationals of a third country having committed infringements within the waters under their jurisdiction or on their territory, including all decisions and sanctions they incurred and the number of points assigned. Infringements by fishing vessels flying their flag or by their nationals subject to proceedings in other Member States shall also be entered by Member States in their national register on infringements, upon notification of the definitive ruling by the Member State having jurisdiction pursuant to Article 92b.

When following up an infringement of the rules of the common fisheries policy, a Member State may request other Member States to provide information contained in their national register on the fishing vessels and persons suspected by the requesting Member State of having committed the infringement in question or caught in the act of committing the infringement in question.

Where a Member State requests information from another Member State in relation to an infringement, that other Member State shall provide without delay the relevant information on the fishing vessels and natural or legal persons involved in the infringement.

The data contained in the national register of infringements shall be stored only for as long as necessary for the purposes of this Regulation, but in any case for a minimum of five calendar years, starting from the year following that in which the information is recorded.

TITLE IX CONTROL PROGRAMMES

Article 93a

National control programmes

Member States shall establish annual or multiannual national control programmes for the inspections and the control of the rules of the common fisheries policy.

National control programmes shall be risk-based and shall be updated once a year, if necessary, in particular taking into account newly adopted conservation and control measures and any additional data.

Member States shall notify their national control programmes to the Commission no later than three months from their establishment or update.

The Commission may, by means of implementing acts, lay down detailed rules on national control programmes and benchmarks for control and inspections taking into account the objectives of the common fisheries policy and technical progress and scientific developments. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Article 93b

Member State annual report on control and inspections

By 30 June of each year, Member States shall submit to the Commission and publish on their website an annual report on control and inspections performed in the previous year. For that purpose, Member States may refer to information provided under the implementing act referred to in Article 95.

The report referred to in paragraph 1 shall contain the following information:

(a) existing resources available for control and inspections: the number of inspection vessels, official aircraft and official remotely piloted aircraft systems (RPAS); other control and inspection means; the number of employees (full-time equivalent); the budgetary allocation;

(b) the number and type of control and inspections performed;

(d) the number of follow-up actions, per each type of infringement, such as administrative sanction, criminal sanction, immediate enforcement measure or number of points assigned for confirmed infringements.

By 31 December of each year, the Commission shall make publicly available on its website a compilation of information from the reports referred to in paragraph 1, covering the previous year. The Commission may request EFCA to assist in the compilation of such information.

The Commission may, by means of implementing acts, lay down detailed rules on the format and submission of reports referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Article 94

Common control programmes

Member States may carry out, among themselves and on their initiative, control, inspection and surveillance programmes concerning fisheries activities.

Article 95

Specific control and inspection programmes

Certain fisheries may be made subject to specific control and inspection programmes. The Commission may, by means of implementing acts and in concert with the Member States concerned, determine which fisheries shall be subject to the specific control and inspection programmes, on the basis of the need for specific and coordinated control of the fisheries in question. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

The implementing acts adopted under paragraph 1 shall state the objectives, priorities and procedures as well as benchmarks for inspection activities. Such benchmarks shall be established based on risk management and revised periodically after an analysis has been made of the results achieved.

When a multiannual plan has entered into force and before a specific control and inspection programme has become applicable, each Member State shall establish risk management based target benchmarks for inspection activities.

The Member States concerned shall adopt the necessary measures to ensure the implementation of the specific control and inspection programmes, particularly as regards required human and material resources and the periods and zones where these are to be deployed.

TITLE X EVALUATION AND CONTROL BY THE COMMISSION

Article 96

General principles

The Commission shall control and evaluate the application of the rules of the common fisheries policy by the Member States by means of the examination of information and documents and by conducting verifications, autonomous inspections and audits and shall facilitate coordination and cooperation between them. For this purpose the Commission may, of its own accord and by its own means, initiate and carry out inquiries, verifications, inspections and audits. It may in particular verify:

(a) the implementation and application of the rules of the common fisheries policy by Member States and their competent authorities;

(b) the implementation and application of the rules of the common fisheries policy in the waters of a third country in accordance with an international agreement with that country;

(c) the conformity of national administrative practices and inspection and surveillance activities with the rules of the common fisheries policy;

(d) the existence of the required documents and their compatibility with the applicable rules;

(e) the circumstances in which control activities are carried out by Member States;

(f) the detection and proceedings of infringements;

(g) the cooperation between Member States.

Member States shall cooperate with the Commission in order to facilitate the accomplishment of its tasks. Member States shall ensure that the verification, autonomous inspection and audit missions carried out under this Title are not subject to publicity that is injurious to on-the-spot missions. Wherever the Commission officials encounter difficulties in the execution of their duties, the Member States concerned shall provide the Commission with the means to accomplish its task and give the Commission officials the opportunity to evaluate the specific control and inspection operations.

Member States shall afford the Commission such assistance as it needs to fulfil its tasks.

Article 97

Competences of Commission officials

Commission officials may carry out verifications and inspections on fishing vessels as well as on the premises of businesses and other bodies with activities relating to the common fisheries policy and shall have access to all information and documents needed to exercise their responsibilities, to the same extent and under the same conditions as officials of the Member State in which the verification and inspection take place.

Commission officials shall be entitled to take copies of the relevant files and to take the necessary samples if they have reasonable grounds to believe that the rules of the common fisheries policy are not complied with. They may request the identification of any person found on the inspected premises.

Commission officials shall have no powers going beyond those of national inspectors and they shall have no police and enforcement powers.

Commission officials shall present a written authority stating their identity and capacity.

The Commission shall issue written instructions to its officials indicating their authority and the objectives of their mission.

Article 98

Verifications

Wherever it is deemed necessary by the Commission, its officials may be present during control activities carried out by national control authorities. In the framework of these missions of verification, the Commission shall establish appropriate contacts with Member States with a view, wherever possible, to establishing a mutually acceptable verification programme.

The Member State concerned shall ensure that the bodies or persons concerned accept to be submitted to the verifications referred to in paragraph 1.

If the control and inspection operations envisaged in the framework of the initial verification programme cannot be carried out for factual reasons, the Commission officials, in liaison and agreement with the competent authorities of the Member State concerned, shall modify the initial verification programme.

In case of sea or air controls and inspections, the commander of the vessel or aircraft shall be in sole charge of the control and inspection operations. In exercising his command he shall take due account of the verification programme referred to in paragraph 1.

The Commission may arrange for its officials visiting a Member State to be accompanied by one or more officials from another Member State as observers. Upon request from the Commission the sending Member State shall nominate, at short notice if necessary, the national officials selected as observers. Member States may also draw up a list of national officials whom the Commission may invite to be present at such controls and inspections. The Commission can invite national officials included in that list or those notified to the Commission at its discretion. The Commission shall, where appropriate, place the list at the disposal of all the Member States.

Commission officials may decide, if they consider it necessary, to carry out missions of verification referred to in this Article without prior notice.

Article 99

Autonomous inspections

When there is reason to believe that irregularities occur in the application of the rules of the common fisheries policy, the Commission may carry out autonomous inspections. It shall carry out such inspections of its own accord and without the presence of officials of the Member State concerned.

All operators may be subject to autonomous inspections where these are considered necessary.

In the framework of autonomous inspections on the territory or in waters under the sovereignty or jurisdiction of a Member State, the procedural rules of that Member State shall apply.

If a serious infringement of the provisions of this Regulation is discovered by Commission officials on the territory or in waters under the sovereignty or jurisdiction of a Member State, Commission officials shall inform without delay the competent authorities of the Member State concerned which shall undertake all appropriate measures in respect of such infringement.

Article 100

Audits

The Commission may carry out audits of the control systems of Member States. The audits may include in particular the evaluation of:

(a) the quota and the effort management system;

(b) data validation systems, including systems of cross-checks of vessel monitoring systems, catch, effort and marketing data and data related to the Community fishing fleet register as well as the verification of licences and fishing authorisations;

(c) the administrative organisation, including the adequacy of the available staff and the available means, the training of staff, the delimitation of functions of all authorities involved in control as well as the mechanisms in place to coordinate the work and the joint evaluation of the results of those authorities;

(d) the operational systems, including procedures for control of designated ports;

(e) national control action programmes including the establishment of inspection levels and their implementation;

(f) the national system of sanctions, including the adequacy of the sanctions imposed, duration of proceedings, economic benefits forfeited by offenders and the deterrent nature of such system of sanctions.

Article 101

Verification, autonomous inspection and audit reports

The Commission shall inform the Member States concerned of the preliminary findings of verifications and of autonomous inspections within one day after they have taken place.

Commission officials shall draw up a verification, autonomous inspection or audit report after each verification, autonomous inspection or audit. The report shall be made available to the Member State concerned within one month after the conclusion of the verification, autonomous inspection or audit. Member States shall have the possibility to comment on the findings of the report within one month.

Member States shall take the necessary action on the basis of the report referred to in paragraph 2.

The Commission shall publish the finalised verification, autonomous inspection and audit reports, together with the comments of the Member State concerned, on the secure part of its official website.

Article 102

Follow-up of verification, autonomous inspection and audit reports

Member States shall provide the Commission with any relevant information as that may request on the implementation of this Regulation. In submitting a request for information, the Commission shall specify a reasonable time limit within which the information is to be supplied.

If the Commission considers that irregularities have occurred in the implementation of the rules of the common fisheries policy or that the existing control provisions and methods in particular Member States are not effective it shall inform the Member States concerned, which shall then conduct an administrative inquiry in which Commission officials may participate.

The Member States concerned shall inform the Commission of the results of the inquiry and forward a report to the Commission drawn up not more than three months after the Commission’s request. That period may be extended by the Commission, by means of implementing acts, on a duly reasoned request from the Member State, for a reasonable delay.

If the administrative inquiry referred to in paragraph 2 does not lead to the removal of the irregularities or if the Commission identifies shortcomings in the control system of a Member State during the verifications or autonomous inspections referred to in Articles 98 and 99 or in the audit referred to in Article 100, the Commission shall, by means of implementing acts, establish an action plan with that Member State. The Member State shall take all necessary measures to implement that action plan.

TITLE XI MEASURES TO ENSURE COMPLIANCE BY MEMBER STATES WITH COMMON FISHERIES POLICY OBJECTIVES

CHAPTER I Financial measures

CHAPTER II Closure of fisheries

Article 104

Closure of fisheries for failure to comply with the common fisheries policy objectives

Where a Member State does not respect its obligations for the implementation of a multiannual plan, and where the Commission has evidence that the failure to respect those obligations constitutes a serious threat to the conservation of a stock or group of stocks, the Commission may, by means of implementing acts, provisionally close the fisheries affected by those shortcomings for the Member State concerned.

The Commission shall inform in writing the Member State concerned of its findings and the relevant documentation and set a deadline of no more than ten working days for the Member State to demonstrate that the fisheries can be safely exploited.

The measures referred to in paragraph 1 shall only apply if the Member State fails to respond to the request of the Commission within the deadline given in paragraph 2 or if the response is considered unsatisfactory or is clearly indicative of the fact that the necessary measures have not been implemented.

The Commission shall, by means of implementing acts, lift the closure after the Member State has demonstrated in writing to the satisfaction of the Commission that the fisheries can be safely exploited.

CHAPTER III Deduction and adjustments of quotas and fishing effort

Article 105

Deduction of quotas

When the Commission has established that a Member State has exceeded the quotas which have been allocated to it, the Commission shall operate deductions from future quotas of that Member State.

In the case of overfishing of a quota, allocation or share of a stock or a group of stocks available to a Member State in a given year, the Commission shall, by means of implementing acts and after consulting the Member State concerned, operate deductions in the following year or years from the annual quota, allocation or share of the Member State which has overfished, by applying a multiplying factor according to the following table:

Extent of overfishing relative to the permitted landings	Multiplying factor
Up to 10 %	Overfishing *1,0
Over 10 % up to 20 %	Overfishing *1,2
Over 20 % up to 40 %	Overfishing *1,4
Over 40 % up to 50 %	Overfishing *1,8
Any further overfishing greater than 50 %	Overfishing *2,0

However, a deduction equal to the overfishing * 1,00 shall apply in all cases of overfishing relative to permitted landing equal to, or less than, 100 tonnes.

2a. By way of derogation from paragraph 2, in the case of overfishing by one or more Member States of a quota, allocation or share of a stock or a group of stocks available to the Union under an international agreement, the Commission shall, by means of implementing acts and after consulting the Member State concerned, operate deductions from the quota, allocation or share of the Member State which has overfished in the same time frame as the deduction applied under the international agreement and by applying a multiplying factor according to paragraphs 2 and 3.

In addition to the multiplying factors referred to in paragraph 2 and provided that the extent of overfishing relative to the permitted landings exceeds 10 %, a multiplying factor of 1,5 shall apply if:

(a) a Member State has repeatedly overfished its quota, allocation or share of the stock or group of stocks over the previous 2 years and such overfishing has been the subject of deductions as referred to in paragraph 2;

(b) the available scientific, technical and economic advice and, in particular, the reports drawn up by STECF have established that overfishing constitutes a serious threat to the conservation of the stock concerned; or

3a. By way of derogation from paragraphs 2 and 3, in the event that a multiplying factor is also applicable under a relevant international agreement on the Union share, the multiplying factor to be applied on the Member State quota deduction set pursuant to paragraph 2a shall be the highest of the two applicable multiplying factors.

In the case of overfishing of a quota, allocation or share of a stock or a group of stocks available to a Member State in earlier years, the Commission may, by means of implementing acts and after consulting the Member State concerned, deduct quotas from future quotas of that Member State to take account of the level of overfishing.

If a deduction cannot be operated in accordance with paragraphs 1 and 2 on the quota, allocation or share of a stock or a group of stocks that was overfished, because that quota, allocation or share of a stock or group of stocks is not or not sufficiently available to the Member State concerned, the Commission may, by means of implementing acts and after consulting the Member State concerned, deduct in the following year or years quotas for other stocks or groups of stocks available to that Member State in the same geographical area or with the same commercial value in accordance with paragraph 1.

The Commission may, by means of implementing acts, lay down detailed rules concerning the adapted quota against which the excess of utilisation shall be calculated, the deductions of quotas and the time period of the deductions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Article 106

Deduction of fishing effort

When the Commission has established that a Member State has exceeded the fishing effort which has been allocated to it, the Commission shall, by means of implementing acts and after consulting the Member State concerned, operate deductions from future fishing effort of that Member State.

If the fishing effort available to a Member State in a geographical area or in a fishery is exceeded, the Commission shall, by means of implementing acts and after consulting the Member State concerned, operate deductions in the following year or years from the fishing effort available to that Member State for the geographical area or the fishery concerned by applying a multiplying factor according to the following table:

Extent of excess of available fishing effort	Multiplying factor
Up to 10 %	Excess * 1,0
Over 10 % up to 20 %	Excess * 1,2
Over 20 % up to 40 %	Excess * 1,4
Over 40 % up to 50 %	Excess * 1,8
Any further excess greater than 50 %	Excess * 2,0

If a deduction according to paragraph 2 cannot be operated on the maximum allowable fishing effort for a stock that was exceeded as such because such maximum allowable fishing effort for that stock is not or not sufficiently available to the Member State concerned, the Commission may, by means of implementing acts and after consulting the Member State concerned, deduct in the following year or years fishing effort available to that Member State in the same geographical area in accordance with paragraph 2.

The Commission may, by means of implementing acts, lay down detailed rules concerning the maximum allowable fishing effort against which the excess of utilisation shall be calculated, the deduction of fishing effort and the time period of the deductions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

Article 107

Deduction of quotas for failure to comply with the rules of the common fisheries policy

Where there is evidence that the rules of the common fisheries policy are not being complied with by a Member State and that this may lead to a serious threat to the conservation of stocks subject to fishing opportunities or a fishing effort regime, the Commission may, by means of implementing acts, operate deductions in the following year or years from the annual quotas, allocations or shares of a stock or a group of stocks, or from the fishing effort, available to that Member State, applying the proportionality principle by taking into account the damage caused to the stocks concerned.

The Commission shall inform in writing the Member State concerned of its findings and set a deadline of no more than 15 working days for the Member State to demonstrate that the fisheries can be safely exploited.

The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation concerning the deadline for Member States to demonstrate that the fisheries can be safely exploited, the material to be included by Member States in their reply and the determination of the quantities to be deducted by taking into account:

(a) the extent and nature of non-compliance;

(b) the gravity of the threat to the conservation of stocks;

Article 107a

Where overfishing by one or more Member States of a quota, allocation or share of a stock or a group of stocks available to the Union under an international agreement leads to a reduction of the Union share under that international agreement, the Council shall, when allocating the fishing opportunities for that stock or group of stocks under Article 43(3) TFEU and Article 16 of Regulation (EU) No 1380/2013 for the year for which that reduction is made, adjust the quotas of the Member States which have not overfished by increasing them to the quotas which those Member States would have received if the Union share under the international agreement had not been reduced. If such adjustment cannot be made in a given year due to an insufficient Union share, the remaining quantities shall be adjusted in the following year.

CHAPTER IV Emergency measures

Article 108

Emergency measures

If there is evidence, including based on the results of the sampling carried out by the Commission, that fishing activities and/or measures adopted by a Member State or Member States undermine the conservation and management measures adopted in the framework of multiannual plans or threaten the marine eco-system and this requires immediate action, the Commission, at the substantiated request of any Member State or on its own initiative, may decide on emergency measures which shall last not more than six months. The Commission may take a new decision to extend the emergency measures for no more than six months.

The emergency measures provided for in paragraph 1 shall be proportionate to the threat and may include, inter alia:

(a) suspension of fishing activities of vessels flying the flag of the Member States concerned;

(b) closure of fisheries;

(c) prohibition against Union operators accepting landings, placing in cages for fattening or farming, or transhipments of fish and fisheries products caught by the vessels flying the flag of the Member States concerned;

(d) prohibition against the placing on the market or use for other commercial purposes fish and fisheries products caught by the vessels flying the flag of the Member States concerned;

(e) prohibition against the provision of live fish for fish farming in the waters under the jurisdiction of the Member States concerned;

(f) prohibition against the accepting of live fish caught by vessels flying the flag of the Member State concerned for the purposes of fish farming in waters under the jurisdiction of the other Member States;

(g) prohibition against fishing vessels flying the flag of the Member State concerned to fish in waters under the jurisdiction of other Member States;

(h) modification of the fishing data submitted by Member States in an appropriate way.

A Member State shall communicate the request referred to in paragraph 1 simultaneously to the Commission and to the Member States concerned. The other Member States may submit their written comments to the Commission within five working days of receipt of the request. The Commission shall take a decision within 15 working days of receipt of the request.

The emergency measures shall have immediate effect. They shall be notified to the Member States concerned and published in the Official Journal of the European Union.

The Member States concerned may refer the Commission decision to the Council within 15 working days of receipt of the notification.

The Council, acting by qualified majority, may take a different decision within one month of the date of receipt of the referral.

TITLE XII DATA AND INFORMATION

CHAPTER I Analysis and audit of data

Article 109

General principles for the analysis of data

Member States shall set up an electronic database for the purpose of validation of data recorded in accordance with this Regulation. The validation of the data recorded shall include the cross-checking, analysis and verification of the data.

Member States shall ensure that all data recorded in accordance with this Regulation are accurate, complete and submitted by operators, masters or other persons authorised under this Regulation within deadlines laid down in the rules of the common fisheries policy.

2a. For the purposes of paragraphs 1 and 2:

(a) Member States shall validate the following data, including data recorded in the context of fisheries agreements referred to in Article 3(1), through automated computerised algorithms and mechanisms:
(i) vessel position data;
(ii) fishing activity data, in particular data on entries into and exits from fishing areas, fishing logbooks, landing declarations, transhipment declarations and prior notifications;
(iii) data on fishing effort;
(iv) data from take-over declarations, transport documents and sales notes;
(v) data from fishing licences and fishing authorisations;
(vi) data on control of engine power;

(b) Member States shall validate the data listed in point (a) using in particular the following data, where available:
(i) vessel detection system data;
(ii) data on sightings;
(iii) AIS data;
(iv) data from inspection reports;
(v) data from control observer reports;
(vi) data from REM systems.

The validation system shall allow the immediate identification of inconsistencies, errors and missing information in the data.

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