1139 as regards fisheries control - Main contents

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dossier	COM(2018)368 - Amendment of Council Regulations 1224/2009, 768/2005, 1967/2006, 1005/2008, and Regulation 2016/1139 as regards fisheries ...
document	COM(2018)368
date	November 22, 2023

(1) The common fisheries policy has been reformed by Regulation (EU) No 1380/2013 of the European Parliament and Council²⁸. The objectives of the common fisheries policy and the requirements for fisheries control and enforcement are set out in Articles 2 and 36 of that Regulation. Its successful implementation depends on the effective and up-to-date control and enforcement system.

(2) Council Regulation (EC) No 1224/2009²⁹ established a Union fisheries control system which provides inter alia for monitoring centres, tracking of fishing vessels, catch reporting obligations, prior notifications, authorisations tranship in third countries,

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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).

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, p.1).

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publication of fisheries closures, control of fishing capacities, national control programmes, control of recreational fisheries , controls in the supply chain of fisheries and aquaculture products, weighing of fisheries products, transport documents, landing declarations, sales notes and take-over declarations, inspections and audits, sanctioning of infringements and access to data.

(3) Regulation (EC) No 1224/2009 was, however, designed prior to the adoption of the new common fisheries policy. It should therefore be amended in order to better address the requirements for the control and enforcement of the common fisheries policy in accordance with Regulation (EU) No 1380/2013 and to take advantage of modern and more cost-effective control technologies.

(4) In Regulation (EC) No 1224/2009, reference should be made to the definitions in Regulation (EU) No 1380/2013 and Regulation (EU) No 1379/2013 of the European Parliament and Council³⁰. In the interest of clarity and consistency some definitions set in Regulation (EC) No 1224/2009 should be deleted or amended and new definitions should be added.

(5) The definition of ‘rules of the common fisheries policy’ should be amended to clarify that its scope covers all Union law applicable in the fisheries sector, including rules on technical and conservation measures for marine biological resources, on management and control of Union fleets exploiting such resources, on the processing and marketing of fishery and aquaculture products, the Union system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing and international agreements concluded by the Union

(6) The terms ‘vessel monitoring system data’ should be replaced by the clearer expression ‘vessel position data’. The definition of ‘vessel position data’ should no longer refer to transmission by satellite-tracking devices, as now different technologies to track vessels and transmit vessel position data are available.

(7) The definition of ‘lot’ should be aligned to the definition of ‘lot’ set out in the food law.

(8) The definitions of ‘multiannual plans’ should be updated to take into account the provisions of Regulation (EU) No 1380/2013 on multiannual plans.

(9) In the definitions of ‘fishing licence’, fishing restricted areas and recreational fisheries, the terms ‘marine living aquatic resources’ should be replaced by ‘marine biological resources’ in order to align that definition to Regulation (EU) No 1380/2013.

(10) A definition of fishing vessel is provided in Regulation (EU) No 1380/2013 and includes vessels equipped for commercial exploitation of marine biological resources such as catching vessels, support vessels, fish processing vessels, vessels engaged in transhipment and carrier vessels equipped for the transportation of fisheries products,

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).

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with the exception of container vessels. The definition fishing vessel in Regulation (EC) No 1224/2009 should therefore be deleted.

(11) In order to enhance the enforcement of the rules of the common fisheries policy, new definitions should be added for ‘catching vessel’ and ‘slipping’.

(12) Small scale fisheries play an important role in the Union, from a biological, economic and social perspective. Considering the possible impacts of small scale fisheries on stocks, it is important to control that fishing activities and fishing efforts of smaller vessels are in compliance with the rules of the common fisheries policy. For this purpose it is necessary to obtain position data of those vessels. Therefore, Member States should be able to track all fishing vessels, including fishing vessels which are less than 12 metres' length. For vessels 12 metres' length it is now possible to use mobile devices which are less expensive and easy to use.

(13) In order to clarify the role of the fishing monitoring centres, the provisions of Regulation (EC) No 1224/2009 concerning those centres should be placed in a separate Article.

(14) Regulation (EC) No 1224/2009 has been amended by Regulation (EU) 2015/812 of the Parliament and Council³¹ in order to align certain of its provisions to the landing obligation set in Article 15 of Regulation (EU) No 1380/2013. In order to allow the proper control of the landing obligation, it is necessary to equip, on the basis of a risk assessment, a certain percentage of fishing vessels should be equipped with continuous recording electronic monitoring devices including Close Circuit Televisions (CCTV). CCTV data may be supplemented by data from other electronic monitoring devices. Data from these devices, including from CCTV, will provide Member State officials with means to control compliance with the landing obligation at sea. The CCTV footage should only concern the gears and the parts of the vessels where fishery products are brought on board, handled and stored. Footage from CCTVs should be recorded locally and should be made available exclusively to Member States officials or Union inspectors upon requests in particular in the context of inspections, investigations or audits.

(15) In order to achieve the objectives of the common fisheries policy, the reliability and comprehensive collection of data on catches is of the utmost importance.

(16) The submission of catch registration data on paper formats has led to incomplete and unreliable reporting and ultimately to inadequate catch reporting by operators to Member States and by Member States to the Commission, and has hampered the exchange of information between Member States. It is therefore considered necessary that masters record data concerning catches in a digital way and submit them electronically, in particular the logbooks, transhipment declarations and landing declarations.

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, p. 1).

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(17) The absence of catch reporting obligations by masters of vessels less than 10 metres' length led to incomplete and unreliable data for such vessels as the data collection for those vessels was based on sampling plans. Therefore it is important to require reporting of catches for all fishing vessels without regard to their size. In this way the rules will also be simplified and compliance and controls will be improved.

(18) For vessels of 12 metres' length or more, it is important that the information in the logbook is made more accurate and includes data on the catches by haul or by operation, as this will enhance the effectiveness of controls. In the case of vessels less than 12 metres' length, the obligations pertaining to the completion and submission of the logbook should be simplified and masters should only be required to submit the information contained in logbook once, before arrival at port.

(19) The provisions on the margin of tolerance in logbook estimates of quantities of fish retained on board should be amended to take into account the new rules pertaining to the reporting of catches below 50 kg in logbooks. In addition, the provisions on the margin of tolerance should be amended in order to address the specificity of catches which are landed unsorted.

(20) When a fishing vessel departs, it should immediately start an electronic logbook and a unique fishing trip identifier number is assigned for that trip. The logbook, transhipment declarations and landing declarations should include a reference to this unique fishing trip identifier number to allow enhanced controls and to improve the validation of the data by Member States and the traceability of fishery products in the supply chain. In order to improve and simplify the transmission of information on fishing gear losses to Member State competent authorities, the logbook format should include information on lost gears.

(21) Prior landing notification allows a better control by officials of the compliance with the rules on catch registration and fishing activities. To improve compliance with the rules on catch registration, the provisions on prior notifications should apply to all vessels above 12 metres and not only to fishing vessels targeting stocks under multiannual plans. Member States should be entitled to set a shorter period of prior notification for vessels flying their flag which operate exclusively within its territorial waters, as long as this does not impair their ability to inspect vessels upon arrival.

(22) Union fishing vessels landing fishery products in third countries or transhipping fishery products in third country waters or high seas should submit a prior notification or obtain an authorisation from the flag Member States. Such prior notifications and authorisations are required taking into account the responsibilities of the flag Member States relating to the prevention fishery products stemming from IUU fishing entering international markets.

(23) Provisions on the recording of catch data and fishing efforts by the Member States should be amended to include data appearing in weighing records, take-over notes, and transport documents.

(24) Rules on the submission of aggregated catch data and fishing efforts to the Commission should be simplified by providing for a single date for all submissions.

(25) Provisions concerning the publication by the Commission of fisheries closures following the exhaustion of fishing quotas or maximum allowable fishing efforts should be simplified in order to allow a timely publication of such closures. Those provisions should furthermore be made consistent with the landing obligation laid in Regulation (EU) No 1380/2013.

(26) Provisions on fishing capacity should be updated to refer to Regulation (EU) No 1380/2013.

(27) Provisions concerning the verification of the tonnage of fishing vessels for the purposes of fishing capacity controls should be simplified and provisions concerning the verification of engine power should be clarified. If fishing vessels equipped with active fishing gears operate with engines that exceed the engine power stated in their registration, it is impossible to ensure compliance with the capacity ceilings laid down in Regulation (EU) No 1380/2013. Therefore it is important to effectively control the engine power of fishing vessels equipped with active fishing gears, using devices which continuously monitor the engine power.

(28) In order to ensure compliance with the rules of the common fisheries policy, each Member State should be required to set up and regularly update an annual or multi-annual national control programme covering all rules of the common fisheries policy. Member States should ensure that official controls are performed in a risk-based manner. Yearly reports on national inspections and controls should also be required.

(29) Fishing restricted areas are established under Union legislation, national legislation and international agreements. Therefore the provisions on the control of fishing restricted areas by Member States should apply to fishing restricted areas wherever they are located. Also recreational vessels fishing in restricted areas should be controlled, where appropriate.

(30) Recreational fisheries play an important role in the Union, both from a biological, economic and social perspective. Considering the significant impacts of the recreational fishing on certain stocks, it is necessary to provide for specific tools allowing an effective control of recreational fisheries by the Member States. A registration or licensing system should allow a precise census of physical and legal persons participating in recreational fisheries and the collection of reliable data on catches and practices. The collection of sufficient and reliable data on recreational fishing is necessary in order to evaluate the impact of such fishing practices on stocks and provide Member States and the Commission with the information necessary for an effective management and control of marine biological resources.

(31) A number of specific conservation measures applicable to recreational fisheries has already been established under the common fisheries policy. The registration or licensing and catch registration systems should allow the effective control of those specific conservation measures.

(32) Provisions on the controls in the supply chain should be clarified in order to allow Member States to perform controls and inspections at all stages of marketing of fishery and aquaculture products, from the first sale to the retail sale, including transport.

(33) The rules applicable to the placing of fishery and aquaculture products into lots should be clarified. It should be clarified that lots should be composed of fishery and aquaculture products of a single species, except where they consist of very small quantities.

(34) In line with the traceability requirements set out in Article 18 of Regulation (EC) No 178/2002 of the European Parliament and Council³², Commission Implementing Regulation (EU) No 931/2011³³ lays down certain traceability rules for the specific sector of food of animal origin, namely a specific set of information must be kept on record by operators, be made available to competent authorities upon request, and transferred to the operator to which the fishery product is supplied. In the fisheries sector, traceability is important not only for food safety purposes but also to allow controls and ensure the protection of consumers' interests.

(35) It is therefore appropriate to build upon the existing rules on traceability as laid down in Article 18 of Regulation (EC) No 178/2002 and Commission Implementing Regulation (EU) No 931/2011. A specific set of information on fishery and aquaculture products should be kept on record by operators, made available to competent authorities upon request, and transferred to the operator to which the fishery product is supplied. In the case of fisheries products which are not imported, that traceability information should include the unique fishing trip identification number as this will allow to link a specific lot of fishery products to a particular landing by an Union fishing vessel or several Union fishing vessels in the same relevant geographical area.

(36) In line with Regulation (EU) No 931/2011 the traceability information relevant for the control of fishery and aquaculture products should be available from the first sale until the retail stage. This will allow in particular that the information provided to the consumer concerning the species and the origin of the fishery or aquaculture product is accurate.

(37) The same rules should apply to fishery and aquaculture products imported from third

countries. In the case of imported products, the mandatory traceability information

should include a reference to the catch certificate provided for by Regulation (EC) No 1005/2008³⁴.

(38) In order to ensure an effective and timely transmission of the traceability information concerning fishery and aquaculture products, that information should be recorded in a digitalized manner and transmitted electronically within in the supply chain and to competent authorities upon their request.

(39) In the case of fishery products sold directly from fishing vessels to the consumers, rules pertaining to traceability, registered buyers, and sales notes do not apply to quantities below certain thresholds. Those thresholds should be harmonized and

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).

Commission Implementing Regulation (EU) No 931/2011 of 19 September 2011 on the traceability requirements set by Regulation (EC) No 178/2002 of the European Parliament and of the Council for food of animal origin (OJ L 242, 20.9.2011, p. 2).

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, p. 1).

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should be lowered in order to minimize the placing on the market of fishery products which cannot be traced and therefore cannot be controlled.

(40) In order to achieve the objectives of the common fisheries policy, the reliability and comprehensive collection of data on catches is of the utmost importance. In particular recording of catches at the time of landing should be carried out in the most reliable way possible. For that purpose, it is necessary to strengthen the procedures concerning the weighing of fishery products upon landing.

(41) The weighing should be performed on systems approved by the competent authorities and by operators registered by Member States to carry out that task. All products should be weighed per species upon landing as this will guarantee a more accurate reporting of the catches. Furthermore, weighing records should be recorded electronically and kept for three years.

(42) Landing of unsorted species should only be allowed if strict conditions are met, including the weighing on systems operated or controlled by Member State authorities.

(43) In order to improve controls and allow the rapid validation of catch registration data and the rapid exchange of information between Member States, it is necessary that all operators record data in a digital way and submit that data electronically within 24 hours to Member States. This concerns, in particular, landing declarations, sales notes and take-over notes.

(44) Due to the availability of adequate technological tools, the requirement to record data in a digital way and submit it electronically within 24 hours to Member States should apply to all buyers of fishery products.

(45) Transmission of transport documents to the relevant Member States should be simplified and should be done prior to departure in order to allow controls by the competent authorities.

(46) Landing declarations, sales notes, take-over declarations and transport documents should include a reference to the unique fishing trip identifier number in order to allow enhanced controls and improve the validation of the data by Member States and the traceability of fishery products in the supply chain.

(47) The provisions of Regulation (EC) No 1224/2009 concerning the monitoring of producer organisations and the monitoring of price and intervention arrangements are no longer relevant and should be deleted since such monitoring is now provided for by Regulation (EU) No 1379/2013.

(48) In order to improve the risk assessment carried out by national authorities when planning control activities and the effectiveness of inspections, the requirements concerning the national register of infringements should be enhanced.

(49) In order to ensure a level playing field in the Member States as regards the judicial treatment of all offenders of the rules of the common fisheries policy, provisions concerning determination of behaviours that constitute serious infringements of such rules should be clarified and reinforced.

(50) To ensure effective deterrence against the most harmful behaviours, in line with Union international obligations it is necessary to establish an exhaustive list of infringements which are to be considered serious under any circumstances. In addition, to ensure proportionality, it is necessary to establish an exhaustive list of criteria to be used by the competent national authorities when determining the seriousness of certain other infringements.

(51) To ensure a faster, effective and more dissuasive response to the serious infringements, administrative proceedings against such serious infringements should be introduced by Member States without prejudice to existing criminal proceedings. Setting standardized minimum levels of fines and improving the point system which may lead to the suspension or withdrawal of fishing licences or of the right to command a vessel, will also increase the deterrent effect of the sanctioning systems of all Member States and prevent recidivism.

(52) National entities in charge of fisheries control activities as well as any relevant judicial bodies should have access to the national register of infringements. A fully transparent exchange of information contained in national registers between Member States will also improve effectiveness and ensure a level playing field for control activities.

(53) Validation is an important step in ensuring that data collected by Member States pursuant to Regulation (EC) No 1224/2009 is reliable and complete. The set of data to be validated and the obligations of Member States in case of inconsistencies should be clarified.

(54) In order to comply with its duties under the rules of the common fisheries the Commission must have access to various data collected by Member States. It should be clarified which data should be accessible to the Commission and which tasks the Commission is to perform using that data.

(55) The data collected by Member States is also of great value for scientific purposes. It should be clarified that scientific bodies of Member States and Union scientific bodies may be provided access to the data collected in accordance with Regulation (EC) No 1224/2009 , in particular to vessel position data and fishing activity data. Finally, the fishing activity data collected by Member States is also of value for the statistical office of the European Union (Eurostat) who can use it to provide statistics on fisheries.

(56) As the exchange of data between Member States is paramount for controlling and enforcing obligations under the rules of the common fisheries policy, the provisions pertaining to such exchanges should be clarified. In particular, Member States should grant each other access to their registers of infringements as this will allow them to improve enforcement of the rules with regard to Union fishing vessels flying the flag of another Member State in their waters and with regard to fishing vessels flying their flags which committed infringements in the waters of other Member States.

(57) The set of data collected by the Member States to which the Commission should have access, such as fishing activity data, control data, other electronic fisheries databases and the national register of infringements, may include personal data. As the fishing trip identification number or the name of the fishing vessel may allow the identification of natural persons such as the owner or the master of a fishing vessel, information containing such data can also, under certain circumstances, constitute personal data.

(58) Processing of personal data is necessary for the fisheries control and enforcement. In particular, for the purpose of monitoring of fishing opportunities, including quota consumption, the Commission should be able to process data from logbooks, landing declarations, sales notes and other fishing activity data in order to carry out validation of the aggregated data submitted by Member States. To carry out verifications, audits and to monitor the control activities of Member States, the Commission should have access and process information such as inspection and control observers' reports and

the database of infringements. In the context of preparation of and compliance with the international agreements and conservation measures, the Commission should process, when necessary, data on the fishing activities of Union fishing vessels outside Union waters, including the vessel identification numbers, name of the owner of the vessel and the master of the vessel.

(59) Personal data processed for fisheries control and enforcement should be stored in general for a period of 5 years because for the purpose of the monitoring of fishing opportunities, the Commission performs validation of the aggregated data submitted by Member states within 5 years following their transmission. In case of the follow-up of infringements, inspections, verifications, complaints or audits, or in case of ongoing judicial or administrative proceedings, a specific longer retention period of 10 years is necessary because the length of such processes and the need for those data to be used during the entire period when such processes are ongoing.

(60) It should be ensured at all times and at all levels that, the obligations on personal data protection laid down in Regulation (EU) 2016/679 of the European Parliament and Council³⁵, Regulation (EU) 2018/XX³⁶, and, where applicable, the national provisions transposing Directive (EU) 2016/680³⁷ are respected.

(61) Regulation (EC) No 1224/2009 confers powers upon the Commission in order to implement some of the provisions of that Regulation.

(62) As a consequence of the entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 1224/2009 need to be aligned with Articles 290 and 291 of the Treaty on the Functioning of the European Union.

(63) The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in order to supplement Regulation (EC) No 1224/2009 with specific rules governing controls, as regards:

– the exemption of certain fishing vessels from the obligation of a fishing authorisation;

– provisions applicable in case of failure of electronic recording and reporting systems, concerning tracking systems, logbook, prior notifications, transhipements, landing declarations;

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).

Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals 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 (COM (2017)8 final, 10.1.2017)

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, L 119, 4.5.2016, p. 89.

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– the exemption of certain categories of fishing vessels from the obligation to complete and submit a prior notification and transhipment declaration;

– the detailed rules concerning the functioning of traceability systems;

– the criteria and procedure for the registration of weighers and content of weighing records;

– the rules on weighing procedures and special rules for small pelagic species;

– the rules on control observers;

– the rules on inspections for Member States competent authorities and operators;

– the definition of trigger for the suspension or withdrawal of the fishing licence, the follow up to suspension or withdrawal, the deletion of points;

– the minimum requirements for national control action programmes, yearly reports and the setting of bench marks;

– the setting of the deadline for Member States to demonstrate that stocks can be safely exploited;

It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (1). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(64) Implementing powers should be conferred on the Commission in order to ensure

uniform conditions for the implementation of Regulation (EC) No 1224/2009,as regards:

– fishing licences and fishing authorisations;

– the marking and identification of fishing vessels, gear and craft;

– technical requirements and characteristics of tracking devices;

– margin of tolerance;

– conversion factors to convert stored or processed fish into live fish weight;

– content of the vessel position data and the content and format, rules concerning completion and digital recording and transmission of logbooks, prior notifications, transhipment declarations, and landing declarations;

– technical requirements and characteristics of electronic monitoring devices systems including CCTV;

– the format for the submission of catch registration data and fishing effort to the Commission;

remedy in case of a prejudice

caused to a Member State;

the verifications of the engine power, the tonnage of the fishing vessel, verification of the type, number and characteristics of the fishing gear;

– technical requirements and characteristics of devices for the continuous monitoring of the engine power;

– certification of the engine power;

– registration or licensing system, tracking of vessels, and control of gears for certain recreational fisheries;

– sampling plans for unsorted landings;

– registered buyers;

– surveillance reports and inspection reports;

– operation of the data base for inspection and surveillance report;

– fixing quantities against quotas in case of corrective measures;

– operation of the point system for licence holders and masters;

– specific control and inspections programmes;

– deduction of quotas;

– access to data and exchange of data;

– reporting by Member State;

– mutual assistance,

Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council³⁸.

(65) As a consequence of the entry into force of the Lisbon Treaty, some provisions conferring decision-making powers upon the Council alone need to be adapted to bring them into line with the new procedures applicable to the common fisheries policy. The provisions of Regulation (EC) No 1224/2009 concerning the following elements should therefore be redrafted:

– the adoption in each multiannual plan of a threshold of catches above which a designated port or a place close to the shore has to be used and the frequency of communication of data;

– the establishment of a control observer scheme.

(66) Regulation (EC) No 1224/2009 should therefore be amended accordingly.

(67) For reasons of consistency with the scope of Regulation (EC) No 1224/2009, the objectives of Council Regulation (EC) No 768/2005³⁹ should be enlarged. The missions of the European Fisheries Control Agency should cover the harmonisation of the application of the common fisheries policy as a whole. They should include

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).

Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (OJ L 128, 21.5.2005, p. 1).

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research and development in the area of control and inspection techniques and provision of assistance to the Commission in specific fields.

(68) It should be ensured that the obligations concerning personal data protection laid down in Regulation (EU) 2018/XX are respected by the Agency in the framework of data processing and exchange.

Representatives of Union institutions should have the possibility to take part in the meeting of the Administrative Board of the Agency.

(69) It should be clarified that both draft annual and draft multiannual work programmes of the Agency prepared its executive Director are to be submitted to the Administrative board of the Agency.

(70) It should be clarified that the Agency may also receive funds in the form of delegations agreements or ad-hoc grants without prejudice to others types of income.

(71) Finally, the provisions on the evaluation of the Agency by the Commission should also be clarified.

(72) Regulation (EC) No 768/2005 should therefore be amended accordingly.

(73) In order to ensure consistency between control provisions, Council Regulation (EC) No 1967/2006⁴⁰ and Regulation (EU) No 2016/1139 of the European Parliament and Council⁴¹ should be amended. In particular, the provisions concerning control of leisure fisheries, recording and reporting of transhipments and catch registrations set out in Council Regulation (EC) No 1967/2006 and the provisions concerning logbooks and the margin of tolerance in estimates recorded in the fishing logbook set out in Regulation (EU) No 2016/1139 should be deleted and the relevant provisions of Regulation (EC) No 1224/2009 should apply instead.

(74) The Catch Certification Scheme, as set out in Chapter III of Regulation (EC) No 1005/2008, is paper-based and as a result not efficient and not in line with a digitalised traceability system for fishery products. In line with its international commitments and to ensure effective implementation of the scheme, Regulation (EC) No 1005/2008 should be amended to establish a data base for the management of catch certificates (CATCH) based on the Information Management System for Official Controls, allowing for risk based controls, reducing opportunities of fraudulent imports and easing the administrative burden of Member States. The operational functions of the CATCH will be developed in different phases.

(75) In order to ensure uniform conditions for the implementation of Regulation (EC) No 1005/2008, in particular to allow for the integrated management, handling, storage and exchange of information and documents relevant for official checks, verifications,

Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006, p. 11).

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).

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controls and other relevant official activities concerning importation and exportation of fishery products as foreseen under Regulation (EC) No 1005/2008, implementing and delegated powers should be conferred on the Commission relating to the functioning and development of the CATCH based on the Information Management System for Official Controls.

(76) In order to ensure consistency among Union legal instruments governing fisheries control, certain provisions on serious infringements set out in Regulation (EC) No 1005/2008 should be deleted and, if necessary, moved to Regulation (EC) No 1224/2009, which is the main legal instrument in the fisheries control field. In Regulation (EC) No 1005/2008 reference should consequently be made to the provisions on serious infringements contained in Regulation (EC) No 1224/2009.

(77) Regulation (EC) No 1005/2008 should therefore be amended accordingly.