Regulation (EU) 2023/2842 amending Council Regulation (EC) No 1224/2009, and amending Council Regulations (EC) No 1967/2006 and (EC) No 1005/2008 and Regulations (EU) 2016/1139, (EU) 2017/2403 and (EU) 2019/473 of the European Parliament and of the Council as regards fisheries control.
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Abstract
Article 1 of this Regulation makes amendments to Regulation (EC) No 1224/2009 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, by amending several definitions in Article 4; amending Article 6 regarding fishing licence for commercial exploitation of marine biological resources; amending Article 7 on fishing authorisation for Union catching vessels; inserting Article 7a on fishing authorisation for Union fishing vessels other than catching vessels; amending Article 8 regarding the marking and identification of Union fishing vessels and gear; amending Article 9 on vessel monitoring systems; inserting Article 9a on the establishment of fisheries monitoring centres; amending Article 10 on automatic identification system for Union fishing vessels exceeding 15 metres in length overall; amending Article 12 regarding the transmission of data from the vessel monitoring systems and the vessel detection system for surveillance operations; amending Article 13 on monitoring and control of fishing activities through remote electronic monitoring system; amending Article 14 regarding electronic fishing logbook for the purpose of recording fishing activities; inserting Article 15a regarding electronic fishing logbook and other systems for vessels of less than 12 metres in length overall; amending Article 19 on authorisation to enter port; inserting Article 19a on prior notification of landing in third-country ports; amending Articles 21 and 23 on completion of the electronic transhipment and landing declaration; amending Article 31 on Union catching vessels exempted from the application of a fishing effort regime; amending Article 33 on recording of catches and fishing effort; amending Article 34 on data on exhaustion of fishing opportunities; amending Article 38 on control of fishing capacity; inserting Article 39a on continuous monitoring of engine power; amending Article 44 on separate stowage of demersal catches subject to multiannual plans; amending Article 50 on control of fishing restricted areas; inserting new chapter on control of fishing without a vessel; amending Article 55 on recreational fisheries; amending Article 56 regarding the principles for controlling the application of the rules of the common fisheries policy at all stages of marketing of fishery and aquaculture products, Article 57 on common marketing standards, Article 58 on traceability rules for the specific sector of food of animal origin; amending several articles in Chapter I, as regards conduct of inspections, duties of the operator and the master of the vessel, inspection report after each inspection, and assignments of Union inspectors; amending Article 82 on the duties of officials in the event of an infringement; amending Articles 85 and 86 regarding proceedings of infringements detected in the course of inspections; making amendments in several articles under Title VIII - Enforcement, as regards immediate enforcement measures and sanctions for serious infringements, national register of all confirmed infringements of the rules of the common fisheries policy; inserting articles 93a and 93b regarding national control programmes for the inspections and the control of the rules of the common fisheries policy, and annual reporting; amending Chapter III of Title XI - Deduction and adjustments of quotas and fishing effort; amending Articles 110 and 111 regarding the access to, storage and processing of fishing activity and other control data; and amending Article 119 on the procedures of the Committee for Fisheries and Aquaculture.
In Article 2, this Regulation enlarges the objective of the Regulation 2019/473, as "This Regulation makes provision for a European Fisheries Control Agency for the purpose of ensuring a high, uniform and effective level of control, inspection and compliance with the rules of the Common Fisheries Policy, including its external dimension". It makes amendments to Regulation (EU) 2019/473 by amending Article 17 on exchange and processing of data and information, Article 19 on assignment of Agency officials as Union inspectors and Article 26 on cooperation in maritime affairs.
In order to ensure consistency between control provisions, this Regulation makes amendments to Regulation (EC) No 1967/2006 and to Regulation (EU) 2016/1139 by deleting provisions concerning control of leisure fisheries, recording and reporting of transhipments and catch registrations set out in Regulation (EC) No 1967/2006 and the provisions concerning fishing logbooks set out in Regulation (EU) 2016/1139, and amends Article 13 of Regulation (EU) 2016/1139 regarding the margin of tolerance per species.
In Article 4, this Regulation makes amendments to Regulation (EC) No 1005/2008 to establish a database for the management of catch certificates (CATCH) and related documents based on TRACES referred to in Regulation (EU) 2017/625, by amending Article 3 on fishing vessels engaged in IUU fishing, amending Article 10 on inspection procedure, and inserting new articles to Chapter III - Catch certification scheme for fishery products.
This Regulation deletes the Chapter VI of Title II of Regulation (EU) 2017/2403 which sets out rules on transhipment on the high seas and under direct authorisation, as rules on transhipment outside Union are laid down in Regulation (EC) No 1224/2009.
In Article 2, this Regulation enlarges the objective of the Regulation 2019/473, as "This Regulation makes provision for a European Fisheries Control Agency for the purpose of ensuring a high, uniform and effective level of control, inspection and compliance with the rules of the Common Fisheries Policy, including its external dimension". It makes amendments to Regulation (EU) 2019/473 by amending Article 17 on exchange and processing of data and information, Article 19 on assignment of Agency officials as Union inspectors and Article 26 on cooperation in maritime affairs.
In order to ensure consistency between control provisions, this Regulation makes amendments to Regulation (EC) No 1967/2006 and to Regulation (EU) 2016/1139 by deleting provisions concerning control of leisure fisheries, recording and reporting of transhipments and catch registrations set out in Regulation (EC) No 1967/2006 and the provisions concerning fishing logbooks set out in Regulation (EU) 2016/1139, and amends Article 13 of Regulation (EU) 2016/1139 regarding the margin of tolerance per species.
In Article 4, this Regulation makes amendments to Regulation (EC) No 1005/2008 to establish a database for the management of catch certificates (CATCH) and related documents based on TRACES referred to in Regulation (EU) 2017/625, by amending Article 3 on fishing vessels engaged in IUU fishing, amending Article 10 on inspection procedure, and inserting new articles to Chapter III - Catch certification scheme for fishery products.
This Regulation deletes the Chapter VI of Title II of Regulation (EU) 2017/2403 which sets out rules on transhipment on the high seas and under direct authorisation, as rules on transhipment outside Union are laid down in Regulation (EC) No 1224/2009.
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Entry into force notes
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Articles 1, 3, 4 and 6 shall apply from 10 January 2026. Article 2 shall apply from 9 January 2024. Article 5, point (1), shall apply from 10 January 2028, and point (2) shall apply from 10 July 2024.
Repealed
No
Serial Imprint
Official Journal of the European Union L series, 20 December 2023.
Source language
English
Legislation Amendment
No
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Implemented by