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
Member States shall ensure that the database clearly displays any data inconsistencies detected by the data validation system. The database shall also flag all data that were corrected and indicate the reason for such a correction.
If an inconsistency in the data has been identified, the Member State concerned shall undertake and document the necessary investigations, analyses and cross-checks. The results of the investigations and corresponding documentation shall be transmitted to the Commission on request. If there are reasons to suspect that an infringement has been committed, the Member State shall also carry out investigations and take the necessary immediate measures in accordance with Articles 85 and 91.
Member States shall ensure that the dates for data receipt, data entry, data validation and the dates for the follow-up of detected inconsistencies are clearly visible in the database.
If the data referred to in paragraph 2 are not transmitted by electronic means Member States shall ensure that they are entered manually into the database without delay.
Member States shall establish and keep up to date a national plan for the implementation of the validation system covering the data listed under paragraph 2a, points (a) and (b), and the follow-up of inconsistencies. The plan shall define the Member State priorities for the validation of data and subsequent follow-up on inconsistencies, following a risk-based approach. Member States shall submit that national plan to the Commission within two months from its adoption or update.
If the Commission has identified inconsistencies in the data entered in the database of the Member State as a result of its own investigations, and after having presented documentation and consulted with the Member State, it may require the Member State to investigate the reason for the inconsistency and to correct the data if necessary.
The databases established and data collected by Member States referred to in this Regulation shall be deemed authentic under the conditions established under national law.
Article 110
Access to, storage and processing of data
Member States shall ensure the remote access at all time and without prior notice, for the Commission or the body designated by it, of the following data in a non-aggregated form:
- (a) fishing activity data, including data relating to fishing activity in the context of fisheries agreements referred to in Article 3(1):
- (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;
- (b) other control data:
- (i) data on sightings;
- (ii) data from fishing licences and fishing authorisations;
- (iii) data from inspection reports;
- (iv) data on control of engine power;
- (v) data from control observer reports;
- (vi) national control programmes;
- (vii) list of national officials;
- (c) the electronic database for the purpose of the verification of the completeness and the quality of the data collected as referred to in Article 109.
The Commission or the body designated by it may process the data referred to in paragraph 1, in order to fulfil their duties under the rules of the common fisheries policy, in particular for carrying out inspections, verifications, audits and enquiries, or under the rules of agreements with third countries or international organisations. In addition, the Commission may use data referred in paragraph 1 for the development, production and dissemination of European statistics, in particular by Eurostat in accordance with Regulation (EC) No 223/2009 of the European Parliament and of the Council ([^E0017]) and according to its mission.
For the purpose of performing scientific research or provide scientific advice, data listed in paragraph 1, point (a)(i) to (iv), and data concerning catches, discards and landings listed in paragraph 1, point (b)(iii) and (v), may, where necessary, be provided to independent scientific bodies that are recognised at Union, national or international level. Before transferring such data, Member States shall consider whether the scientific research can be conducted on the basis of pseudonymised or anonymised data.
In any advice or publication based on such data, those data shall be anonymised.
Member States shall establish, implement and host the relevant fisheries databases containing the data referred to in paragraph 1.
Member States shall upon a reasoned request by the Commission transmit data on infringements to the Commission or the body designated by it. The data shall include, in particular, the date of the infringement, the date of the definitive decision and the applied sanctions and measures, including assigned points.
Article 111
Exchange of data
Each flag Member State shall ensure the direct electronic exchange of relevant information with other Member States concerned, in particular:
- (a) vessel position data, when its fishing vessels are present in another Member State’s waters;
- (b) fishing logbook information, when its fishing vessels are fishing in another Member State’s waters, or landing or transhipping in another Member State’s ports;
- (c) landing declarations and transhipment declarations, when landing or transhipment takes place in another Member State’s ports;
- (d) prior notification, when the intended port is located in another Member State;
- (e) sales notes, transport documents and take-over declarations, when the sale, transport or take-over takes place in another Member State;
- (f) inspection and surveillance reports and risk analysis for its fishing vessels being inspected in the waters or ports of another Member State.
Each coastal Member State shall ensure the direct electronic exchange of relevant information with other Member States concerned and the Commission or the body designated by it, in particular by sending:
- (a) sales note information to the flag Member State, when a first sale originates from a fishing vessel flying the flag of another Member State;
- (b) take-over declaration information, when the fish is placed in storage in a Member State other than the flag Member State or the Member State of landing;
- (c) sales note and take-over declaration information to the Member State where the landing took place;
- (d) transport documents to the flag Member State, Member State of destination and transit of the transport;
- (e) inspection and surveillance reports.
Each flag Member State shall ensure the direct electronic exchange of relevant information concerning vessels flying its flag to the Commission or the body designated by it, in particular:
- (a) vessel position data;
- (b) fishing logbook information;
- (c) landing declarations and transhipment declarations;
- (d) prior notification;
- (e) sales notes, transport documents and take-over declarations;
- (f) inspection and surveillance reports.
Article 111a
Uniform conditions for the implementation of provisions on data
For the purpose of implementing provisions of this Chapter, the Commission may, by means of implementing acts, lay down detailed rules on:
- (a) data quality, compliance with deadlines for submission of data by operators, validation of the data, including cross-checks, analysis and verification;
- (b) exchange of data between Member States and between the Member States and the Commission or the body designated by it;
- (c) access to data by the Commission or the body designated by it;
- (d) access to data by scientific bodies of the Union and Eurostat;
- (e) interoperability and standardisation of databases;
- (f) data listed in Article 110(1) and (2), including additional specific safeguards for processing of personal data and security rules applicable to the databases.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
CHAPTER II Confidentiality of data
Article 112
Protection of personal data
Regulations (EU) 2016/679 ([^E0018]) and (EU) 2018/1725 ([^E0019]) of the European Parliament and of the Council as well as the national provisions transposing Directive (EU) 2016/680 of the European Parliament and of the Council ([^E0020]), apply to the processing of personal data carried out pursuant to this Regulation by Member States, the Commission and the body designated by it.
Personal data collected under this Regulation may only be processed for the following purposes, provided that those purposes cannot be fulfilled with data that do not permit identification of data subjects:
- (a) monitoring of fishing opportunities, including quota uptake;
- (b) validation of data;
- (c) monitoring of fishing activities carried out by Union fishing vessels, or fishing activities of fishing vessels within Union waters;
- (d) monitoring of Member State control of fishing activities and in the supply chain;
- (e) inspections, verifications, audits and enquiries;
- (f) preparation of, and compliance with, international agreements and conservation measures;
- (g) risk management, policy evaluations and impact assessments;
- (h) scientific research and scientific advice, and statistical production;
- (i) enquiries pertaining to complaints and infringements and judicial or administrative proceedings;
- (j) establishing or providing evidence of fishing rights of individual vessels, Member States or the Union.
Personal data collected under this Regulation shall not be stored for a period longer than necessary for the purposes listed in paragraph 2, and in any event for no longer than five years from the date on which the Member State or the Commission obtains the relevant data.
By way of derogation from paragraph 3:
- (a) personal data collected under this Regulation shall not be stored for a period longer than necessary for the purposes listed in paragraph 2, points (e) and (i), and in any event for no longer than until the end of the concerned administrative or judicial proceedings or the time needed for the application of sanctions under this Regulation, such as the point system;
- (b) personal data contained in the information listed in Article 109(2a), point (a) (i) to (v), shall not be stored for a period longer than necessary for the purposes listed in paragraph 2, points (f) and (j), of this Article, and in any event for no longer than 10 years from the date on which the Member State, the Commission or the body designated by it obtains the relevant data;
- (c) personal data contained in the information listed in Article 109(2a), point (a) (i) to (iv), shall not be stored for a period longer than necessary for the purposes listed in paragraph 2, points (g) and (h), of this Article, and in any event for no longer than 25 years from the date on which the Member State, the Commission or the body designated by it obtains the relevant data. If that information is retained for a longer period of time, where it is necessary for the purposes listed in paragraph 2, points (g) and (h), of this Article, the personal data shall be anonymised or pseudonymised.
The authorities of the Member States shall be regarded as a controller as defined in Article 4, point (7), of Regulation (EU) 2016/679 in relation to the processing of personal data which they collect pursuant to this Regulation.
The Commission shall be regarded as a controller as defined in Article 3, point (8), of Regulation (EU) 2018/1725 in relation to the processing of personal data which it collects pursuant to this Regulation.
The Commission or the body designated by it and the authorities of the Member States shall ensure the security of the processing of personal data that takes place for the application of this Regulation. The Commission or the body designated by it and the authorities of the Member States shall cooperate on security-related tasks.
In particular, the Commission shall adopt the necessary measures, including a security plan, a business continuity plan and a disaster recovery plan, in order to:
- (a) physically protect data, including by making contingency plans for the protection of critical infrastructure;
- (b) prevent the unauthorised reading, copying, modification or removal of data media;
- (c) prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of recorded personal data;
- (d) prevent the unauthorised processing of data and any unauthorised copying, modification or deletion of data;
- (e) ensure that persons authorised to access the relevant fisheries databases have access only to the data covered by their access authorisation, by means of individual user identities and confidential access modes only;
- (f) ensure that it is possible to verify and establish to which bodies personal data may be transmitted and what data has been processed in the relevant fisheries databases, when, by whom and for what purpose;
- (g) prevent the unauthorised reading, copying, modification or deletion of personal data during the transmission of personal data to or from the relevant fisheries databases or during the transport of data media, in particular by means of appropriate encryption techniques;
- (h) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation.
The authorities of the Member States shall take measures equivalent to those referred to in paragraph 8 as regards security in respect of the processing of personal data by the authorities having a right to access any of the relevant fisheries databases.
Article 113
Confidentiality of professional and commercial secrecy
Member States and the Commission shall take all necessary steps to ensure that data covered by professional and commercial secrecy that are collected, received and transmitted within the framework of this Regulation are treated in accordance with applicable rules on professional and commercial secrecy.
Data referred to in paragraph 1 exchanged between Member States and the Commission may be transmitted to persons, other than those in Member States or the Commission or the body designated by it, whose functions require them to have access to such data, only with the consent of the Member State or the Commission or the body designated by it which has provided those data. In the case of a refusal, the Member State, the Commission or the body designated by it shall provide the reasons for refusal to transmit the data. The absence of a reply to a request for consent within a period of one month shall be regarded as consent.
The data referred to in paragraph 1 shall not be used for any purpose other than that provided for in this Regulation, except with the consent of the Member State, the Commission or the body designated by it which has provided those data and on condition that the provisions in force in the Member State of the authority receiving the data do not prohibit such use. In the case of a refusal, the Member State, the Commission or the body designated by it shall provide the reasons for refusal.
Data communicated in the framework of this Regulation to persons working for competent authorities, courts, other public authorities and the Commission or the body designated by it, the disclosure of which would undermine:
- (a) the protection of the privacy and the integrity of the individual, in accordance with Union legislation regarding the protection of personal data;
- (b) the commercial interests of a natural or legal person, including intellectual property;
- (c) court proceedings and legal advice; or
- (d) the scope of inspections or investigations;
shall be subject to applicable rules on confidentiality. Information may always be disclosed if this is necessary to bring about the cessation or prohibition of an infringement of the rules of the common fisheries policy.
The data referred to in paragraph 1 shall benefit from the same protection as is accorded to similar data by the national legislation of Member State receiving them and by the corresponding provisions applicable to Union institutions.
This Article shall not be construed as an obstacle to the use of the data, obtained pursuant to this Regulation, in the framework of legal actions or proceedings subsequently undertaken for failure to respect the rules of the common fisheries policy. The competent authorities of the Member State transmitting the data shall be informed of all the instances where those data are utilised for these purposes.
This Article shall not prejudice the obligations pursuant to international conventions concerning mutual assistance in criminal matters.
CHAPTER III Official websites
Article 114
Official websites
For the purposes of this Regulation, Member States shall set up and keep up to date official websites for operators and the general public, containing as a minimum the information listed in Article 115.
Article 115
Content of official websites
On their official websites, Member States shall publish without delay, or provide a direct link to, the following information:
- (a) the names and addresses of the competent authorities responsible for issuing fishing licences, as referred to in Article 6, and fishing authorisations, as referred to in Articles 7 and 7a;
- (b) the list of designated ports, specifying their operating hours, for the purpose of transhipment, as referred to in Article 20;
- (c) one month after the entry into force of a multiannual plan, and on approval by the Commission, the list of designated ports, specifying their operating hours, as referred to in Article 43, and within 30 days thereafter, the associated conditions for recording and reporting the quantities of the species under the multiannual plan for each landing;
- (d) decisions establishing real-time closures, including clearly defining the geographical area of the affected fishing grounds, the duration of the closure and the conditions governing fisheries in that area during the closure;
- (e) the contact point details for the transmission or submission of fishing logbooks, prior notifications, transhipment declarations, landing declarations, sales notes, take-over declarations and transport documents as referred to in Articles 14, 17, 20, 23, 54d, 55, 62, 66 and 68;
- (f) maps with the coordinates of the areas of temporary real-time closures, specifying the duration of the closure and the conditions governing fisheries in those areas during the closure;
- (g) the decision to close a fishery under Article 35, including all necessary details;
- (h) a list of the fishing restricted areas and corresponding restrictions;
- (i) a list of operators who are authorised to carry out weighing under Article 60(5) specifying the port and the weighing facility;
- (j) the national control programme referred to in Article 93a, with the exception of those parts the disclosure of which could undermine the effectiveness of control;
- (k) the annual report on control and inspections and a link to the website of the Commission, including the compilation of information from reports referred to in Article 93b(1);
- (l) the shorter period for prior notification set under Article 17(1a).
TITLE XIII IMPLEMENTATION
Article 117
Administrative cooperation
The authorities responsible for the implementation of this Regulation in the Member States shall cooperate with each other, with the competent authorities of third countries, with the Commission and with the body designated by it in order to ensure compliance with this Regulation.
For the purposes referred to in paragraph 1, a system of mutual assistance shall be established, which shall include rules on the exchange of information upon prior request or on a spontaneous basis.
The Member State where fishing activities have taken place shall transmit to the Commission, at its request, by electronic means, any relevant information at the same time as it is communicated to the flag Member State of the fishing vessel.
The Commission may, by means of implementing acts, lay down rules on mutual assistance concerning:
- (a) administrative cooperation between Member States, third countries, the Commission and the body designated by it;
- (b) designation of Member States’ single authority;
- (c) communication of follow-up measures taken by national authorities further to exchange of information;
- (d) requests for assistance, including requests for information, measures and administrative notifications, and establishing deadlines for replies;
- (e) information without prior request;
- (f) Member States’ relations with the Commission and third countries.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Article 118
Reporting obligations
Every five years, Member States shall transmit a report to the Commission on the application of this Regulation.
On the basis of the reports submitted by the Member States and its own observations, the Commission shall draw up a report every five years to be submitted to the European Parliament and the Council.
An evaluation of the impact of this Regulation on the common fisheries policy shall be undertaken by the Commission five years after the entry into force of this Regulation.
Member States shall transmit to the Commission a report stating the rules that have been used for producing reports on basic data.
The Commission may, by means of implementing acts, lay down rules concerning the content and format of the reports by Member States.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).
Article 119
Committee procedure
The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 47 of Regulation (EU) No 1380/2013. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council ([^E0021]).
Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 119a
Exercise of the delegation
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
The power to adopt delegated acts referred to in Article 9a(5), Article 15b(1), Article 17(6), Article 21(6), Article 22(3), Article 24(4), Article 41(4), Article 44(4), Article 58(10), (11) and (12), Article 60a(2), Article 73(9), Article 74(11), Article 75(2), Article 90(4), Article 92(12) and Article 107(4) shall be conferred on the Commission for an indeterminate period of time.
The delegation of power referred to in Article 9a(5), Article 15b(1), Article 17(6), Article 21(6), Article 22(3), Article 24(4), Article 41(4), Article 44(4), Article 58(10), (11) and (12), Article 60a(2), Article 73(9), Article 74(11), Article 75(2), Article 90(4), Article 92(12) and Article 107(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making ([^E0022]).
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
A delegated act adopted pursuant to Article 9a(5), Article 15b(1), Article 17(6), Article 21(6), Article 22(3), Article 24(4), Article 41(4), Article 44(4), Article 58(10), (11) and (12), Article 60a(2), Article 73(9), Article 74(11), Article 75(2), Article 90(4), Article 92(12) and Article 107(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
TITLE XIV AMENDMENTS AND REPEALS
Article 121
Amendments to other Regulations
In Regulation (EC) No 847/96, Article 5 shall be deleted.
Regulation (EC) No 2371/2002 is amended as follows:
- (a) Article 21 shall be replaced by the following: ‘Article 21 Community control and enforcement system Access to waters and resources and the pursuit of activities as set out in Article 1 shall be controlled and compliance with the rules of the common fisheries policy enforced. For this purpose a Community system for the control, inspection and enforcement of the rules of the common fisheries policy shall be established.’;
- (b) Articles 22 to 28 shall be deleted.
In Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the northern hake stock ([^E0024]), Articles 7, 8, 10, 11, 12 and 13 shall be deleted.
In Council Regulation (EC) No 2115/2005 of 20 December 2005 establishing a recovery plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisation ([^E0025]), Article 7 shall be deleted.
In Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula ([^E0026]), Chapter IV shall be deleted.
In Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of Biscay ([^E0027]), Chapter IV shall be deleted.
In Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel ([^E0028]), Chapter IV shall be deleted.
In Council Regulation (EC) No 676/2007 of 11 June 2007 establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North Sea ([^E0029]), Chapter IV shall be deleted.
In Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks ([^E0030]), Article 10(3) and (4), Article 11(2) and (3), Articles 12, 13, 15, Article 18(2) and (3), Articles 19 and 20, Article 22 second paragraph, Articles 23, 24 and 25 shall be deleted.
In Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock ([^E0031]), Articles 5 and 6 shall be deleted.
In Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks ([^E0032]), Articles 18, 19, 20, 21, 22, 23, 24, 26, 27, 28 and 29 shall be deleted.
Article 122
Repeals
Regulation (EEC) No 2847/93 shall be repealed, except for Articles 6, 8 and 11, which shall be repealed with effect from the date of entry into force of the rules implementing Articles 14, 21 and 23 of this Regulation, and for Article 5, Article 9(5) and Articles 13, 21 and 34, which shall be repealed with effect from 1 January 2011.
Regulation (EC) No 1627/94 shall be repealed with effect from the date of entry into force of the rules implementing Article 7 of this Regulation.
Regulation (EC) No 1966/2006 shall be repealed with effect from 1 January 2011.
Article 123
References
References to the repealed Regulations and the provisions deleted in accordance with Article 121 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
TITLE XV FINAL PROVISIONS
Article 124
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2010.
However,
- (a) Article 33(6) and (9), Articles 37, 43, 58, 60, 61, 63, 67, 68, 73, 78 and 84, Article 90(2), (3) and (4), Articles 93 and 117 and Article 121(3) to (11) shall apply from 1 January 2011;
- (b) Articles 6, 7, 14, 21 and 23 shall apply from the date of entry into force of the rules implementing them;
- (c) Article 92 shall apply six months after the entry into force of the rules implementing it.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX II
CORRELATION TABLE
| Regulation (EEC) No 2847/93 | This Regulation |
|---|---|
| Article 1(1) | Articles 1 and 2 |
| Article 1(2) | Article 5(3) |
| Article 1(3) | Article 2 |
| Article 2 | Article 5 |
| Article 3 | Article 9 |
| Article 4(1) | Article 5 |
| Article 4(2) | Article 75 |
| Article 5(a) and (b) | Article 74 |
| Article 5(c) | Article 8 |
| Article 6 | Articles 14, 15 and 16 |
| Article 7 | Articles 17 and 18 |
| Article 8 | Articles 23, 24 and 25 |
| Article 9(1), (2), (3), (4), (4a), (5), (6), (7), (8) and (9) | Articles 62, 63, 64, 65 and 68 |
| Article 9(4b) and (5) | Articles 66 and 67 |
| Article 11 | Articles 20, 21 and 22 |
| Article 13 | Article 68 |
| Article 14 | Article 59 |
| Article 15(1), (2) and (4) | Articles 33 and 34 |
| Article 15(3) | Article 36 |
| Article 16 | Article 117 |
| Article 17 | Articles 5 |
| Article 19 | Articles 112 and 113 |
| Title IIA | Title IV, Chapter I, Section 2 |
| Article 20(1) | Article 47 |
| Article 20(2) | Article 49 |
| Article 21(1) | Article 33 |
| Article 21(2) | Article 35 |
| Article 21(3) | Article 36 |
| Article 21(4) | Article 37 |
| Article 21a | Article 35 |
| Article 21b | Article 34 |
| Article 21c | Article 36 |
| Article 23 | Article 105 |
| Title V | Title IV, Chapter II, and Article 109 |
| Article 28(1) | Article 56 |
| Article 28(2) | Articles 57 and 70 |
| Article 28(2a) | Article 56 |
| Article 29 | Articles 96, 97, 98 and 99 |
| Article 30 | Article 102 |
| Article 31(1) and (2) | Articles 89 and 90 |
| Article 31(4) | Article 86 |
| Article 32(1) | Article 85 |
| Article 32(2) | Article 88 |
| Article 33 | Article 86 |
| Article 34 | Article 117 |
| Article 34a | Article 117 |
| Article 34b | Article 98 |
| Article 34c | Article 95 |
| Article 35 | Article 118 |
| Article 36 | Article 119 |
| Article 37 | Articles 112 and 113 |
| Article 38 | Article 3 |
| Article 39 | Article 122 |
| Article 40 | Article 124 |
| Regulation (EC) No 1627/94 | This Regulation |
| The entire Regulation | Article 7 |
| Regulation (EC) No 847/96 | This Regulation |
| Article 5 | Article 106 |
| Regulation (EC) No 2371/2002 | This Regulation |
| Article 21 | Articles 1 and 2 |
| Article 22(1) | Articles 6, 7, 8, 9, 14 and 75 |
| Article 22(2) | Articles 58, 59, 62, 68 and 75 |
| Article 23(3) | Article 5(3), Article 5(5) and Article 11 |
| Article 23(4) | Articles 105 and 106 |
| Article 24 | Article 5, Title VII and Articles 71 and 91 |
| Article 25 | Chapters III and IV of Title VII and Article 89 |
| Article 26(1) | Article 96 |
| Article 26(2) | Article 108 |
| Article 26(4) | Article 36 |
| Article 27(1) | Articles 96 to 99 |
| Article 27(2) | Articles 101 and 102 |
| Article 28(1) | Article 117 |
| Article 28(3) | Articles 80, 81 and 83 |
| Article 28(4) | Article 79 |
| Article 28(5) | Article 74 |
| Regulation (EC) No 811/2004 | This Regulation |
| Article 7 | Article 14(2) |
| Article 8 | Article 17 |
| Article 10 | Article 14(3) |
| Article 11 | Article 44 |
| Article 12 | Article 60(6) |
| Regulation (EC) No 2166/2005 | This Regulation |
| Article 9 | Article 14(3) |
| Article 10 | Article 60(1) |
| Article 12 | Article 44 |
| Article 13 | Article 60(6) |
| Regulation (EC) No 2115/2005 | This Regulation |
| Article 7 | Article 14(3) |
| Regulation (EC) No 388/2006 | This Regulation |
| Article 7 | Article 14(3) |
| Article 8 | Article 60(1) |
| Article 10 | Article 44 |
| Article 11 | Article 60(6) |
| Regulation (EC) No 509/2007 | This Regulation |
| Article 6 | Article 14(3) |
| Article 8 | Article 44 |
| Article 9 | Article 60(6) |
| Regulation (EC) No 676/2007 | This Regulation |
| Article 10 | Article 14(2) |
| Article 11 | Article 14(3) |
| Article 12 | Article 60(1) |
| Article 14 | Article 44 |
| Article 15 | Article 60(6) |
| Regulation (EC) No 1098/2007 | This Regulation |
| Article 15 | Article 14(3) |
| Article 19 | Article 60(1) |
| Article 24 | Article 46 |
| Regulation (EC) No 1342/2008 | This Regulation |
| Article 19(1) | Article 109(2) |
| Article 19(2) | Article 115 |
| Article 20 | Article 60 |
| Article 22 | Article 42 |
| Article 23 | Article 46 |
| Article 24 | Article 17 |
| Article 25 | Article 43 |
| Article 26 | Article 14(2) |
| Article 27 | Article 44 |
| Article 28 | Article 60(6) |
ANNEX III
Points to be assigned to Union fishing licence holders or Union masters for serious infringements
| Article | Serious infringement | Points |
|---|---|---|
| Article 90(2), point (a) | Fishing without a valid licence, authorisation or permit issued by the flag State or the relevant coastal State. | 7 |
| Article 90(2), point (b) | Falsifying or concealing markings, identity or registration of a fishing vessel. | 5 |
| Article 90(2), point (c) | Concealing, tampering with, or disposing of, evidence relating to an investigation. | 5 |
| Article 90(2), point (d) | Obstructing the work of officials or observers, in the exercise of their duties. | 7 |
| Article 90(2), point (e) | Transhipping without the required authorisation or where such transhipment is prohibited. | 7 |
| Article 90(2), point (f) | Conducting transfer operations or caging, in particular as referred to in Regulation (EU) 2023/2053, in breach of the rules of the common fisheries policy. | 5 |
| Article 90(2), point (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. | 7 |
| Article 90(2), point (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, 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. | 7 |
| Article 90(2), point (i) | Carrying out fishing activities in contravention of the rules applicable in a fishing restricted area. | 6 |
| Article 90(2), point (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. | 7 |
| Article 90(2), point (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 Article 90(2), point (j). | 7 |
| Article 90(2), point (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. | 7 |
| Article 90(2), point (n) | Falsifying documents, information or data, written on paper or stored in electronic form, referred to in the rules of the common fisheries policy. | 5 |
| Article 90(2), point (o) | Manipulating an engine or 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. | 6 |
| Article 90(2), point (p) | Conducting fishing activities with the use of forced labour, as defined in Article 2 of the ILO Convention No 29 on Forced Labour. | 7 |
| Article 90(3), point (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. | 5 |
| Article 90(3), point (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 Article 90(3), point (c). | 3 |
| Article 90(3), point (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. | 3 |
| Article 90(3), point (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 size, 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 Article 90(2). | 4 |
| Article 90(3), point (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 concerned. | 5 |
| Article 90(3), point (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 Article 90(2) or under other points of Article 90(3). | 5 |
| Article 90(3), point (i) | Committing multiple infringements of the rules of the common fisheries policy. | 5 |
| Article 90(3), point (k) | Using an engine power exceeding the maximum continuous engine power certified and recorded in the Member State fishing fleet register. | 5 |
| Article 90(3), point (l) | Landing in ports of third countries without prior notification as referred to in Article 19a. | 5 |
| Article 90(3), point (n) | Illegally disposing of fishing gear or gear at sea from a fishing vessel. | 5 |
| Article 90(3), point (j) | Conducting any of the activities referred to in Article 90(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. | 5 |
ANNEX IV ([^E0033])
Criteria to qualify an activity as a serious infringement in accordance with article 90(3)
| Activity | Criteria |
|---|---|
| Article 90(3), point (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. | (a) Documents, data or information intentionally used in the own interest or in the interest of third parties in order to obtain a benefit; (b) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for an infringement under Article 90(3), point (a), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
| Article 90(3), point (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 Article 90(3), point (c). | (a) Where fishery products related to the infringement represent 10 % or more of the total weight of the products concerned; (b) failure to record and report catches of species subject to the landing obligation per species, haul, area, day or fishing trip, depending on the gravity of the offence to be determined by the competent authorities of the Member States taking into account, in particular, the nature and extent of the activity, including the prejudice or the level of the damage to the fishing resources and the marine environment concerned; (c) interference with the installation or functioning of the vessel monitoring system, AIS, fishing logbook, REM system, weighing system, continuous engine power monitoring device or any other applicable monitoring system of the Member State, including its switch off, except where authorised by the competent authorities; (d) no data and information recorded or sent to the flag Member State’s fisheries monitoring centre; (e) failure to notify the MS authorities about malfunctioning of the vessel monitoring system, AIS, fishing logbook, REM system, or any other monitoring device or system as required under the rules of the common fisheries policy; (f) failure to transmit data relating to fishing activities and fishing operations, including sales notes, when the landing or transhipment or the fishing operation has taken place outside the Union waters; (g) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (b), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
| Article 90(3), point (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. | (a) Where the quantity of the fishery products exceeding the permitted margin of tolerance is equal to or above 100 % of the permitted margin of tolerance, calculated as permissible amount in percentage or kilograms, or, in the cases falling under Article 14(4), point (a), where the quantity of the fishery products exceeding the permitted margin of tolerance is 50 % or more of the permitted margin of tolerance, calculated as permissible amount in percentage; (b) notwithstanding the criterion under point (a), until 10 January 2028, for species caught in the tropical tuna purse seine fisheries which are landed unsorted and that represent 2 % or more in weight of all species landed and to which Article 14(4), point (a) does not apply: where the difference between estimates recorded in the fishing logbook and the quantities landed or resulting from an inspection is equal to or higher than 25 % per species; (c) notwithstanding the criterion under point (a), until 10 January 2028, for species covered by Article 13(1) of Regulation (EU) 2016/1139: where the difference between estimates recorded in the fishing logbook and quantities landed or resulting from an inspection is equal to or above 25 % per species; (d) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (c), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
| Article 90(3), point (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 Article 90(2). | (a) Passive fishing gear and fish aggregating devices either lack any correct marking or have incorrect marking, labelling or related characteristics, affecting more than half of the fishing gear or fish aggregating devices; (b) more than 10 % of the required number of acoustic deterrent devices are not used or more than 10 % of the required acoustic deterrent devices used are not functioning properly; (c) the number of passive fishing gear and fish aggregating devices used exceeds by 10 % the allowed number of such gear or devices; (d) the size of the whole or part of the active fishing gear exceeds the allowed dimension of such gear by 10 %; (e) the selectivity characteristics of gear as required under the rules of the common fisheries policy are altered by reducing the size of those elements of a gear which determine selectivity, such as mesh size, yarn diameter or hook size, by 3 mm or 5 %, whichever is greater; (f) failure to deploy other methods and devices in accordance with the rules of the common fisheries policy in order to optimise selectivity, such as escape panels, sorting grids or exit holes; (g) the use of devices that obstruct or otherwise effectively diminish the selectivity characteristics of gear or the methods and devices referred to in point (f); (h) the equipment on board for grading or water separation is used for species for which the use of such devices is prohibited, and which are subject to fishing opportunities, multiannual plans, inspection and control plans or the landing obligation; (i) fishing gear is used in a location where the distance to the shore deviates from the allowed distance by more than 10 %, or where the sea-depth deviates from the allowed depth; (j) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (d), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
| Article 90(3), point (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. | (a) Catches related to the infringement represent a value equal to or greater than EUR 1 000 , or 10 % of the total value of fishery products concerned; or quantities that are equal to or above 200 kg; (b) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (e), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
| Article 90(3), point (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 Article 90(2) or under other points of Article 90(3). | (a) The infringement is qualified as a serious infringement under applicable rules of a regional fisheries management organisation; (b) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (f), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
| Article 90(3), point (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 Article 90(2) or under other points of Article 90(3). | (a) Operators, masters or their representatives conduct the first sale with a non-registered auction centre, buyer or producer organisation; (b) non-existent minimum mandatory information to consumers as provided for in Article 35 of Regulation (EU) No 1379/2013 for lots of 20 kg or more or which represent a value equal to or greater than EUR 1 000 ; (c) incomplete traceability information for lots of 20 kg or more, or which represent a value equal to or greater than EUR 1 000 ; (d) the products are imported in breach of Regulation (EC) No 1005/2008; (e) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (g), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
| Article 90(3), point (h) Conducting recreational fishing activities in breach of the rules of the common fisheries policy or selling fishery products from recreational fisheries. | (a) Selling fishery products from recreational fisheries which represent a value equal to or greater than EUR 50 or quantities that are equal to or above 10 kg; (b) two individuals or more of specimen retained are unauthorised or one individual or more are prohibited species; (c) 25 % or more of specimen retained do not comply with the minimum conservation reference size; (d) retaining quantities of species exceeding the bag or catch limits or exceeding applicable quotas by 50 %; (e) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (h), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
| Article 90(3), point (i) Committing multiple infringements of the rules of the common fisheries policy. | Committing three or more infringements referred to in Article 90(3), detected in the course of the same inspection, surveillance or investigation, and which are not individually considered serious. |
| Article 90(3), point (j) Conducting any of the activities referred to in Article 90(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. | (a) Transhipping from or to, or conducting transfer operations with, participating in joint fishing operations with, supporting or supplying a vessel in relation to a fishing trip where that vessel has been used to commit a serious infringement; (b) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (j), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
| Article 90(3), point (k) Using an engine power exceeding the maximum continuous engine power certified and recorded in the Member State fishing fleet register. | (a) When the difference between the verified power and the power certified and recorded is higher than 20 %; (b) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (k), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
| Article 90(3), point (l) Landing in ports of third countries without prior notification as referred to in Article 19a. | The competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for an infringement under Article 90(3), point (l), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
| Article 90(3), point (m) Conducting business directly connected to IUU fishing, including trade in, import, export, processing and marketing of, fishery products stemming from IUU fishing. | (a) All legally required documents were not produced or submitted; (b) importing where import has been refused under Article 18 of Regulation (EC) No 1005/2008; (c) importing without complying with Article 16 of Regulation (EC) No 1005/2008; (d) the vessel is included in the IUU vessel list of the Union or of a regional fisheries management organisation; (e) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (m), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed. |
| Article 90(3), point (n) Illegally disposing of fishing gear or gear at sea from a fishing vessel. | (a) The disposal is deliberate and results or is likely to result in serious damage to the marine environment, including to marine biological resources and marine ecosystems; (b) the disposal is deliberate and occurs in a fishing restricted area; (c) the disposal is deliberate and concerns fishing gear that is prohibited under Article 7(1), points (a), (b), (c), (d) and (g), of Regulation (EU) 2019/1241. |
[^E0001]: Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
[^E0002]: Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).
[^E0003]: Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency (OJ L 83, 25.3.2019, p. 18).
[^E0004]: Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports (OJ L 57, 3.3.2017, p. 1).
[^E0005]: Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).
[^E0006]: OJ L 128, 21.5.2005, p. 1.
[^E0007]: Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).
[^E0008]: Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Union system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).
[^E0009]: Regulation (EU) 2017/1004 of the European Parliament and of the Council of 17 May 2017 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008 (OJ L 157, 20.6.2017, p. 1).
[^E0010]: Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
[^E0011]: Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
[^E0012]: Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1.
[^E0013]: Regulation (EU) 2023/2053 of the European Parliament and of the Council of 13 September 2023 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) No 1936/2001, (EU) 2017/2107, and (EU) 2019/833 and repealing Regulation (EU) 2016/1627 (OJ L 238, 27.9.2023, p. 1).
[^E0014]: Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).
[^E0015]: Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007 (OJ L 191, 15.7.2016, p. 1).
[^E0017]: Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).
[^E0018]: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
[^E0019]: Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
[^E0020]: Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
[^E0021]: Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
[^E0022]: OJ L 123, 12.5.2016, p. 1.
[^E0024]: OJ L 150, 30.4.2004, p. 1.
[^E0025]: OJ L 340, 23.12.2005, p. 3.
[^E0026]: OJ L 345, 28.12.2005, p. 5.
[^E0027]: OJ L 65, 7.3.2006, p. 1.
[^E0028]: OJ L 122, 11.5.2007, p. 7.
[^E0029]: OJ L 157, 19.6.2007, p. 1.
[^E0030]: OJ L 248, 22.9.2007, p. 1.
[^E0031]: OJ L 344, 20.12.2008, p. 6.
[^E0032]: OJ L 348, 24.12.2008, p. 20.
[^E0033]: When calculating the value of the fishery or aquaculture products obtained as a result of committing an infringement referred to in this Annex, 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.
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