Fisheries Controls

European Fisheries Control Agency

Regulation (EU) 2019/473 on the European Fisheries Control Agency

This regulation makes provision for a European Fisheries Control Agency (EFCA), based in Vigo, Spain, which aims to promote common standards for control, inspection and surveillance under the common fisheries policy (CFP).

EFCA’s primary role is to organise coordination and cooperation between national control and inspection activities so that the rules of the CFP are respected and applied effectively throughout the EU.

KEY POINTS

This regulation repeals and codifies Regulation (EC) No 768/2005.

Mission

EFCA’s mission is to:

coordinate controls and inspections by EU countries;
coordinate the deployment of national means of control and inspection;
assist EU countries in reporting information to the European Commission and relevant third parties;
assist EU countries to fulfil their obligations under the CFP;
assist EU countries and the Commission to harmonise CFP application throughout the EU;
contribute to research and development of control and inspection techniques;
contribute to inspector training coordination and sharing experiences between EU countries;
coordinate efforts to combat illegal, unreported and unregulated (‘IUU’) fishing;
assist in the uniform implementation of the CFP control system, including operational coordination and inspections;
cooperate with the European Border and Coast Guard Agency and the European Maritime Safety Agency by providing services, information, equipment and training, and coordinating multipurpose operations.

Operational coordination

The Commission may request that EFCA coordinate control and inspection by EU countries by setting up joint deployment plans which:

apply the criteria, benchmarks, priorities and common inspection procedures determined by the Commission; and
lay down conditions under which the means of control and inspection of an EU country may enter waters under the sovereignty and jurisdiction of another EU country.

Competences

Assignment of EFCA officials as EU inspectors: EFCA officials may be assigned in international waters as EU inspectors;
Agency measures: EFCA, where appropriate,
issues manuals on harmonised inspection standards;
develops guidance material on best practice in relation to control of the CFP, including training of control officials;
provides the Commission with technical and administrative support.
Cooperation: EFCA facilitates cooperation between EU countries and between them and the Commission;
Emergency unit: where the Commission, on its own initiative or at the request of at least 2 EU countries, identifies a situation involving a direct, indirect or potential serious risk to the CFP, EFCA is notified. EFCA acting upon a notification by the Commission or on its own initiative will then immediately set up an emergency unit and inform the Commission.
The emergency unit collects and evaluates relevant information and identifies the options available to prevent, eliminate or reduce the risk to the CFP and, where appropriate, will keep the public informed of the risks involved and the measures taken.

Multiannual work programme

EFCA’s multiannual work programme establishes its overall objectives, mandate, tasks, performance indicators and the priorities over a 5-year period.
EFCA cooperates in maritime affairs by contributing to the implementation of the EU Integrated Maritime Policy.

Combating fraud

To combat fraud, corruption and other unlawful activities, Regulation (EU, Euratom) No 883/2013 concerning investigations carried out by the European Anti-Fraud Office (OLAF) applies.

DOCUMENTS

Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency (codification) (OJ L 83, 25.3.2019, pp. 18-37)It has applied since 14 April 2019. Regulation (EU) 2019/473 codified and replaced Regulation (EC) No 768/2005 and its subsequent amendments.

Commission Delegated Regulation (EU) 2019/715 of 18 December 2018 on the framework financial regulation for the bodies set up under the TFEU and Euratom Treaty and referred to in Article 70 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (OJ L 122, 10.5.2019, pp. 1-38)

Commission Implementing Decision (EU) 2018/1986 of 13 December 2018 establishing specific control and inspection programmes for certain fisheries and repealing Implementing Decisions 2012/807/EU, 2013/328/EU, 2013/305/EU and 2014/156/EU (OJ L 317, 14.12.2018, pp. 29-46)

Regulation (EU) No 2016/1626 of the European Parliament and of the Council of 14 September 2016 amending Council Regulation (EC) No 768/2005 establishing a Community Fisheries Control Agency (OJ L 251, 16.9.2016, pp. 80-82)

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, pp. 22-61)

Successive amendments to Regulation (EU) No 1380/2013 have been incorporated into the original document. This consolidated version is of documentary value only.

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union 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 (OJ L 343, 22.12.2009, pp. 1-50)

Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community 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, pp. 1-32)

The EU’s fisheries control system

Regulation (EC) No 1224/2009 establishing a system for ensuring compliance with the common fisheries policy

It establishes a system for the control, inspection and enforcement by national authorities of the rules of the common fisheries policy (CFP).

KEY POINTS

The main objectives of the control system are to:

ensure that only the permitted quantities of fish are caught;
collect the necessary data for managing fishing opportunities;
clarify the roles of EU countries and the European Commission;
ensure the rules are applied to all fisheries in the same way and with harmonised sanctions throughout the EU;
ensure that fisheries and aquaculture products can be traced back and checked throughout the supply chain, from net to plate.

It applies to:

all fishing activities in EU waters;
the fishing activities of EU vessels and EU citizens in EU and non-EU waters;
the processing and marketing of fishery products;
recreational fishing for species of fish subject to recovery plans.

Control and monitoring

EU countries must carry out inspections throughout the whole production chain, in particular during:

fishing;
landing;
processing;
transport;
marketing.
The monitoring and collection of data is based on different sources and new technologies such as:

the satellite-based vessel monitoring system (VMS);
electronic logbooks;
a systematic catch weighing system;
a system to trace fishery products from vessel to retailer.

Inspection powers

EU countries are responsible for controlling and enforcing the CFP. However, the Commission can carry out its own independent inspections, including taking part in national inspections, to check whether national authorities are implementing the rules correctly.

Sanctions

EU countries must take appropriate administrative actions such as sanctions or criminal proceedings in case of infringement of the rules. In case of serious infringements, EU countries must also apply a system of penalty points for the holders of fishing permits and for masters of fishing vessels. The accumulation of points can lead to suspension and ultimately to withdrawal of the permit for several serious offences.

EU countries can also face sanctions for not enforcing CFP rules correctly including:

the withholding of aid from the EU Maritime and Fisheries Fund;
the closing of a fishery until the situation is resolved;
a reduction in quotas (in the case of overfishing).
If an EU country does not take adequate action to resolve the problem, the Commission can take them to the Court of Justice of the European Union.

Data collection

EU countries are required to have a secure database of all information collected in carrying out their responsibilities under the regulation. The Commission must be able to access the database directly from any location. EU countries must also establish an official website of the data they collect, composed of secure and publicly accessible parts.

The regulation also establishes a system of mutual assistance and information exchange between EU countries.

Coordination

To encourage closer collaboration and the exchange of best practice, the European Fisheries Control Agency organises joint control campaigns involving inspectors from different EU countries.

DOCUMENT

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 (OJ L 343, 22.12.2009, pp. 1-50)

The regulation has applied since 1 January 2010.

Successive amendments to Council Regulation (EC) No 1224/2009 have been incorporated into the original document. This consolidated version is of documentary value only.

Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015 amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009, and Regulations (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, as regards the landing obligation, and repealing Council Regulation (EC) No 1434/98 (OJ L 133, 29.5.2015, pp. 1-20)

Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, pp. 1-66)

Council Regulation (EU) No 1385/2013 of 17 December 2013 amending Council Regulations (EC) No 850/98 and (EC) No 1224/2009, and Regulations (EC) No 1069/2009, (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, following the amendment of the status of Mayotte with regard to the European Union (OJ L 354, 28.12.2013, pp. 86-89)

Eliminating illegal, unreported and unregulated fishing

Regulation (EC) No 1005/2008 — EU system to prevent, deter and eliminate illegal, unreported and unregulated fishing

It establishes a European Union (EU) system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing in EU and international waters.
The regulation works alongside the EU fisheries control system for the checking, inspection and enforcement by national authorities of the rules of the common fisheries policy.

KEY POINTS

A fishing vessel is presumed to be engaged in IUU fishing if it falls into 1 of a number of categories:
does not hold a valid fishing licence;
does not fulfil its obligations to record or report catch or catch-related data;
fishing in a closed area*, during a closed season*, without or having used up a quota, or beyond closed depth*;
fishing unauthorised species;
using banned or non-compliant fishing gear;
falsifies or conceals its identity, markings or registration;
falsifies or conceals evidence relating to an investigation;
obstructs the work of inspectors;
takes on board, transfers to another ship or lands undersized fish;
participates in activities with vessels included in the IUU vessel list;
carries out fishing activities in an area covered by a Regional Fisheries Management Organisation (RFMO) without complying with the conservation and management measures of that organisation and is registered in a country not party to that organisation, or not cooperating with that organisation;
is a stateless vessel.
The regulation lays down a series of measures so that IUU fishery products do not enter the EU market.

Designated ports

Only port facilities designated by EU countries are open to vessels from non-EU countries.
Landings and transshipments* of fishery products between vessels from non-EU countries and EU vessels, which are prohibited at sea, must only take place in designated ports.

Port inspections

The EU country in which the port is located is responsible for monitoring fishery products imported into the EU. It must check that such products are legal and that the vessel complies with the regulations, i.e. it holds the required licences and authorisations, and the quantity declared matches with the quantity landed or transshipped.

Catch certificates

The catch certificate guarantees that products imported into the EU do not originate from IUU fishing. These certificates are issued by the country in which the fishing vessel is registered (flag state). They accompany fishery products throughout the supply chain to allow continual checks.

Presumed IUU fishing

The European Commission will:
identify fishing vessels for which sufficient information has been obtained to presume that they may be engaged in IUU fishing;
notify the flag states (i.e. non-EU countries and EU countries) whose fishing vessels have been identified; and
circulate the information to all EU countries.

It will also draw up a list of vessels engaged in IUU fishing. The procedures for establishing this list allow for safeguards and appeal arrangements to guarantee the fair treatment of the vessels and countries concerned.

Non-cooperating non-EU countries

The Commission will also identify non-cooperating non-EU countries in the fight against IUU. A non-EU country may be identified as a non-cooperating country when it does not fulfil its duties as flag, port, coastal or market state to take action to prevent, deter and eliminate IUU fishing.

Sanctions

EU countries must apply effective, proportionate and dissuasive sanctions against natural or legal persons engaged in IUU activities.
The maximum sanction is at least 5 times the value of the fishery products obtained.
In the event of a repeated infringement within a 5-year period, EU countries must impose a maximum sanction of at least 8 times the value of the fishery products obtained.

KEY TERMS

Closed area: an area closed for commercial fishing to allow stocks to recover.

Closed season: a period of the year when fishing is prohibited to allow stocks to recover.

Closed depth: a depth after a given limit which is closed to fishing to allow deep-sea stocks to recover.

Transshipment: the transfer of a catch from a smaller fishing boat to a larger one which then incorporates it into a larger batch for shipment.

DOCUMENTS

Corrigendum to Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community 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) (OJ L 22, 26.1.2011, pp. 8)

The successive amendments to Regulation (EC) No 1005/2008 have been incorporated into the original text. This consolidated version is of documentary value only.

Authorisation for fishing

Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, pp. 33–44)

Vessels engaged in IUU fishing

Commission Regulation (EU) No 468/2010 of 28 May 2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing (OJ L 131, 29.5.2010, pp. 22–26)

Competent authorities for catch certificates

List of Member States and their competent authorities concerning Articles 15(2), 17(8) and 21(3) of Council Regulation (EC) No 1005/2008 (OJ C 320, 24.12.2009, pp. 17–20)

Designated ports

List of ports in EU Member States where landings and transhipment operations of fishery products are allowed and port services are accessible for third-country fishing vessels, in accordance with Article 5(2) of Council Regulation (EC) No 1005/2008 (OJ C 320, 24.12.2009, pp. 13–16)