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Council Regulation (EC) No. 1224/2009 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.

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Date of original text
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Abstract
This Regulation establishes a Union system for control, inspection and enforcement aimed at ensuring compliance with the rules of the common fisheries policy (CFP). These provisions apply to all activities covered by the CFP carried out on the territory of Member States or in Union waters or by Union fishing vessels or, without prejudice to the primary responsibility of the flag Member State, by nationals of Member States. This Regulation shall apply without prejudice to special provisions contained in fisheries agreements concluded between the Union and third countries or applicable in the framework of regional fisheries management organisations or similar agreements to which the Union is a Contracting Party or a non-contracting Cooperating Party.
This Regulation compels all Member States to control the activities carried out by any natural or legal person within the scope of the CFP on their territory and within waters under their sovereignty or jurisdiction, in particular fishing activities, transhipments, transfer of fish to cages or aquaculture installations including fattening instal lations, landing, import, transport, processing, marketing and storage of fisheries and aquaculture products. Title III lays down general conditions for access to waters and resources, including requirement of fishing license for commercial exploitation of living aquatic resources; fishing authorization for Union fishing vessels operating in Union waters; marking and identification of fishing vessels and their gear; operation of a satellite-based vessel monitoring system for effective monitoring of fishing activities of the fishing vessels; automatic identification system for fishing vessels exceeding 15 metres length overall; data transmission for surveillance operations for the purpose of maritime safety and security, border control, protection of the marine environment and general law enforcement; and utilization of electronic monitoring devices and traceability tools.
Chapter I under Title IV sets out rules for the control of the use of fishing opportunities, such as submission of the fishing logbook; prior notification requirement for the port of destination and the purposes of landing, transhipment or access to services; authorization to access to port; authorization for transhipment operations in ports; submission of the landing declaration; monitoring of fishing effort; notification of fishing gear; compliance with total allowable catch; recording of catches and fishing effort; and closure of fisheries by Member States and the Commission. Fishing vessels of less than 10 metres length overall shall ve exmepted from the requirements relating to fishing logbook and landing declaration. Chapter II under Title IV provides for the control of fleet management in terms of fishing capacity and engine power. Chapter IV under Title IV sets out technical measures relating to fishing gears, landing of catches below the minimum conservation reference sizes, and control of fishing restricted areas. Chapter V lays down rules for recreational fisheries to be conducted in compliance with the objectives and rules of the CFP.
Title V provides for the principles for the control of marketing and traceability of fisheries and aquaculture products at all stages and sets common marketing standards. It also lays down rules for post-landing activities, and monitoring of producer organizations and price and intervention arrangements. Title VI focuses on surveillance activities. Title VII sets out provisions on inspection at sea, in ports, during transport, on processing premises and during the marketing of the fisheries products, infringements detected in the course of inspections, enhanced follow-up with regard to certain serious infringements, and proceedings. Title VIII determines enforcement measures to ensure compliance, including administrative action or criminal proceedings. Title IX lays down rules on control, inspection and surveillance programmes concerning fisheries activities.
The Commission shall control and evaluate the application of the rules of the CFP by the Member States by means of the examination of information and documents and by conducting verifications, autonomous inspections and audits and shall facilitate coordination and cooperation between them. Title XI sets out measures to ensure compliance by Member States with CFP objectives, such as financial measures, deduction of quotas and fishing efforts, and emergency measures.
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An unofficial consolidated version of the present Regulation, as last amended by the Regulation (EU) 2019/1241, is attached.
Repealed
No
Serial Imprint
Official Journal of the European Union L 343, 22 December 2009, pp. 1-50.
Source language

English

Legislation Amendment
No
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Amended by
Implemented by