Considerations on COM(2018)368 - Amendment of Council Regulations 1224/2009, 768/2005, 1967/2006, 1005/2008, and Regulation 2016/1139 as regards fisheries control

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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 EN
date November 22, 2023
 
table>(1)The objectives of the common fisheries policy and the requirements for fisheries control and enforcement are set out in Articles 2 and 36 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (3). The successful implementation of the common fisheries policy depends on an effective, efficient, modern and transparent system of control and enforcement.
(2)Council Regulation (EC) No 1224/2009 (4) established a Union fisheries control system which provides, inter alia, for fisheries monitoring centres, tracking of fishing vessels, catch reporting obligations, prior notifications, authorisations to tranship in third countries, publication of fisheries closures, control of fishing capacities, national control programmes, control of recreational fisheries, control in the supply chain of fishery and aquaculture products, weighing of fishery 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, adopted prior to the adoption of Regulation (EU) No 1380/2013, for the purpose of control and enforcement of the rules of the common fisheries policy in force at the time. 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, to take advantage of modern and more cost-effective control technologies and to take into account the latest scientific findings to ensure that fishing and aquaculture activities are environmentally sustainable in the long term. The amendments should also be consistent with the Union’s international obligations, including those under the 2009 Food and Agriculture Organisation Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing approved by the Union by Council Decision 2011/443/EU (5).

(4)The Union fisheries control system should, in addition, foster fair competition between operators across Member States while also contributing to the achievement of the other objectives of the common fisheries policy.

(5)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 Council (6). In the interest of clarity and consistency, some definitions in Regulation (EC) No 1224/2009 should be deleted or amended and new definitions should be added.

(6)The definition of ‘rules of the common fisheries policy’ should be amended to clarify that its scope covers all Union law in the areas of conservation, management and exploitation of marine biological resources, aquaculture, as well as processing, transport and marketing of fishery and aquaculture products. That includes rules on technical and conservation measures for marine biological resources, on management and control of Union fleets exploiting such resources, and on the processing, transport and marketing of fishery and aquaculture products, as well as the Union system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing. That definition should also cover international obligations in those areas which are binding on the Union and the Member States, including, with regard to operators, international obligations of the Union that are enforceable on them.

(7)The definition of ‘vessel monitoring system data’ should be replaced by the term ‘vessel position data’, which is more accurate. The definition of ‘vessel position data’ should no longer refer to transmission by satellite-tracking devices, as different technologies to track vessels and transmit vessel position data are now available.

(8)The definition of ‘lot’ should be aligned with the definition of ‘lot’ set out in Union food law.

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

(10)In the definitions of ‘fishing licence’, ‘fishing restricted area’ and ‘recreational fisheries’, the term ‘living aquatic resources’ should be replaced by the term ‘marine biological resources’, in order to align those definitions with the terminology used in Regulation (EU) No 1380/2013.

(11)In order to ensure consistency with the rules on technical measures laid down in Regulation (EU) 2019/1241 of the European Parliament and of the Council (7), a definition of ‘sensitive species’ should be introduced.

(12)To better understand and prevent the adverse impacts of fishing activities on sensitive species, including to reduce or eliminate the incidental catches of those species which are threatened with extinction, the collection of data on incidental catches of sensitive species needs to be enhanced. For that purpose, additional information on incidental catches of sensitive species should be recorded in the fishing logbook.

(13)While most of the provisions of Regulation (EC) No 1224/2009 relate to catching vessels, an effective Union fisheries control system requires that in certain cases other vessels used for the commercial exploitation of marine biological resources are also covered. For that purpose, the definition of a ‘fishing vessel’ in that Regulation should be replaced by a more detailed definition which clarifies that the term covers a catching vessel as well as any other vessel used for commercial exploitation of marine biological resources, including support vessels, fish processing vessels, vessels engaged in transhipment, towing vessels, auxiliary vessels and carrier vessels used for the transportation of fishery products, but excluding container vessels and vessels used exclusively for aquaculture. In addition, a definition of ‘catching vessel’ should be introduced.

(14)A definition of ‘fishing operation’ should be introduced in order to clarify the meaning of the term and to distinguish it from the term ‘fishing activities’, which is broader in scope.

(15)Slipping is a practice whereby fish are intentionally released from fishing gear before the catch is brought on board, which could constitute an infringement of the obligation to bring and retain on board species subject to the landing obligation. Therefore, a definition of ‘slipping’ should be introduced.

(16)The provisions on fishing licences and authorisations should be updated and clarified. To ensure comprehensive control, Union fishing vessels other than catching vessels should only be permitted to carry out fishing activities if they have been authorised to do so by their flag Member State. A new provision on fishing authorisations for Union fishing vessels other than catching vessels should therefore be introduced.

(17)Abandoned, lost or otherwise discarded fishing gear, in particular those made of plastic, constitute one of the most harmful forms of marine debris, as well as of plastic waste at sea. In order to reduce the long-term and significant impact of abandoned, lost or otherwise discarded fishing gear on marine life and ecosystems, it is essential to ensure that fishing gear, at the end of its life cycle, is brought back to shore for treatment in port reception facilities established for that purpose under Directive (EU) 2019/883 of the European Parliament and the Council (8). That would also allow Member States to report to the Commission on waste fishing gear, including gear at the end of its life cycle, which they collect each year under Directive (EU) 2019/904 of the European Parliament and of the Council (9). For that purpose, provision should be made for the possibility of adopting procedures for ensuring that masters of Union fishing vessels notify their end-of-life fishing gear to the competent authorities and return it to port reception facilities or other equivalent collection systems.

(18)In order to ensure that fishing activities are environmentally sustainable in the long term, and to prevent serious risk to marine ecosystems, biodiversity and human health posed by the illegal disposal at sea of fishing gear and other gear or craft used in fishing, in particular gear made of plastic, such disposal from fishing vessels should be considered to be a serious infringement under Regulation (EC) No 1224/2009.

(19)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 ensure that fishing activities and fishing effort of smaller vessels are in compliance with the rules of the common fisheries policy. Therefore, Member States should be able to track all fishing vessels, including fishing vessels of less than 12 metres in length overall, and to receive position data from them at regular and sufficiently short intervals. To further facilitate the use of tracking systems for small-scale vessels, the Commission should develop, at the request of one or more Member States, a tracking system for vessels of less than 12 metres in length overall. However, Member States should be able to exempt certain small-scale vessels from the tracking obligation during a limited period, in order to allow sufficient time to prepare for the use of new tools for those vessels. In any event, the implementation of those measures should be balanced and proportionate to the objectives pursued and should not entail an excessive burden for the fleet, especially the small-scale fleet, which may benefit from aid under the European Maritime Fisheries and Aquaculture Fund established by Regulation (EU) 2021/1139 of the European Parliament and of the Council (10).

(20)Under Article 32(2) and Article 38(1) of Regulation (EU) 2017/2403 of the European Parliament and the Council (11), a third-country fishing vessel authorised to fish in Union waters is to comply with the control rules governing the fishing operations of Union vessels, including rules relating to the vessel monitoring system. To ensure comprehensive control, the obligation to have installed on board a fully functioning vessel monitoring device which allows a vessel to be automatically located and identified by a vessel monitoring system, which is part of those control rules, should apply to all third-country fishing vessels authorised to conduct fishing activities in Union waters, including those conducting fishing activities other than fishing operations and not falling within the scope of Regulation (EU) 2017/2403.

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

(22)For the purposes of effective fisheries control and surveillance in the Union, fisheries monitoring centres should be required to be properly staffed and equipped and to have in place at least an automatic alerts system and/or on-call-duty during non-working hours.

(23)Rules on the use of automatic identification systems (AIS) for Union fishing vessels should be specified. To take into account exceptional circumstances relating to the safety or security of the crew of a fishing vessel, a derogation from the obligation of maintaining in continuous operation the AIS referred to in Article 6a of Directive 2002/59/EC of the European Parliament and of the Council (12) should be provided for, under certain conditions.

(24)Regulation (EC) No 1224/2009 has been amended by Regulation (EU) 2015/812 of the European Parliament and of the Council (13) in order to align certain of its provisions with the landing obligation set out in Regulation (EU) No 1380/2013. In order to ensure the effectiveness of the Union fisheries control system, in particular as regards the monitoring of compliance with the landing obligation, it is necessary to equip, on the basis of a risk assessment, certain catching vessels with remote electronic monitoring (REM) systems on board. Those systems should include closed-circuit television (CCTV) cameras. CCTV data should not be live-streamed. In order to safeguard the right to privacy and the protection of personal data, recording of video material through CCTV should only be allowed in relation to the gear and those parts of the vessels where fishery products are brought on board, handled and stored or where discarding can occur. Recording activity should be limited to those situations where gear is actively operated, such as the shooting of gear or hauling or removing gear from the water, and where catch is taken on board and handled by the crew or where discarding can occur. The possibility to identify individual persons in the recorded video material should be limited to the extent possible, and where necessary the data should be anonymised. To ensure clarity and consistency, rules on access by competent authorities to data from those REM systems should be set out. Footage from CCTV should be made available exclusively for the purposes of control and inspection set out in Regulation (EC) No 1224/2009, to the authorities specified in that Regulation.

(25)To facilitate the use of REM systems on a voluntary basis, Member States should be allowed to provide incentives for that purpose.

(26)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.

(27)The submission of catch registration data in paper format 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 for masters to record data concerning catches in a digitalised way and submit them by electronic means, in particular the fishing logbooks, transhipment declarations and landing declarations.

(28)In order to facilitate the control of the implementation of multiannual plans, catches of demersal stocks subject to such plans should be stowed separately, so that the different stocks caught are easily identifiable on board the fishing vessel for inspection purposes. However, the introduction of more multiannual plans has increased the instances where, in certain circumstances, it might be difficult for masters to fulfil that obligation, due to reasons such as limited storage space on board, many species in small quantities retained on board, catches kept on board in refrigerated seawater tanks, the number of different stocks caught in a certain fishery, or out of concern for the safety of the crew. For such cases, there should be a possibility to provide for exemptions from the obligation to stow catches separately.

(29)The absence of catch reporting obligations for masters of vessels of less than 10 metres in length overall has led to incomplete and unreliable catch registration data for such vessels, as the data collection for those vessels has mainly been based on sampling plans. Therefore, it is important to require reporting of catches for all fishing vessels regardless of their size. In that way the rules will also be simplified, and compliance and control will be improved.

(30)With the aim of enhancing the effectiveness of control, it is important that the information in the fishing logbook be more detailed, and that it therefore include, in the case of catching vessels of 12 metres in length overall or more, data on the catches per fishing operation. In the case of catching vessels of less than 12 metres in length overall, the electronic fishing logbook and the transmission of information included therein should not entail a disproportionate burden on the masters of those vessels. Thus, in the case of catching vessels of less than 12 metres in length overall, masters should only be required to submit the information contained in the fishing logbook, after the last fishing operation has been completed and before the landing starts.

(31)Masters of Union catching vessels of less than 12 metres in length overall should have the possibility to complete and submit the electronic fishing logbook by simplified means.

(32)To facilitate the implementation and use of electronic fishing logbooks for all vessels, the Commission should develop, at the request of one or more Member States, a system for recording and reporting catches for catching vessels of less than 12 metres in length overall, adapted to the specific circumstances of smaller vessels.

(33)In order to enhance control of catches of sensitive species, additional information on discards of such species should be recorded in the fishing logbook.

(34)The provisions on the margin of tolerance in fishing logbook estimates of quantities of fish retained on board should be amended to address the challenges of accurately estimating on board catches by species for smaller quantities of catches, and for unsorted landings from small pelagic fisheries, industrial fisheries and tropical tuna purse seine fisheries. The same amendments should be made to the provisions on the margin of tolerance in the transhipment declaration. With regard to derogations granted for unsorted landings from small pelagic fisheries, industrial fisheries and tropical tuna purse seine fisheries, implementing powers should be conferred on the Commission to provide further details concerning uniform conditions relating to landing and weighing of fishery products in listed ports, such as the involvement of accredited independent third parties which can guarantee the accuracy of the catch reporting at landing or requirements for the sampling and weighing operations. Those conditions should ensure adequate control over such operations. The Commission should, by means of implementing acts, adopt the list of ports which fulfil those uniform conditions. The same could also apply to listing of ports in third countries, including ports designated in the framework of regional fisheries management organisations, provided that the necessary control by and cooperation with the relevant competent authorities of the third country concerned is ensured.

(35)When a catching vessel departs, it should immediately start an electronic fishing logbook and a unique fishing trip identification number should be assigned for that trip. The fishing logbook, transhipment declarations and landing declarations should include a reference to that unique fishing trip identification number to allow enhanced control and to improve the validation of the data by Member States and the traceability of fishery products in the supply chain.

(36)In order to improve and simplify the transmission of information on fishing gear and loss of fishing gear to Member States’ competent authorities, the fishing logbook should include information on fishing gear and lost fishing gear. The Commission should publish on its website, on an annual basis, a compilation of information concerning lost fishing gear provided by Member State.

(37)Regulation (EU) 2017/2403 sets out rules for third-country fishing vessels conducting fishing operations in Union waters. Under Article 38(1) of that Regulation, third-country fishing vessels authorised to fish in Union waters are to comply with the control rules governing the fishing operations of Union vessels in the fishing area in which they operate. To avoid repetition and ensure clarity, some provisions of Regulation (EC) No 1224/2009 which specifically set out rules for third-country fishing vessels should be deleted.

(38)Prior notification of landings allows a better control 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 of 12 metres in length overall or more and not only to fishing vessels targeting stocks under multiannual plans. However, it should be possible for coastal Member States to set a shorter period for prior notification for certain categories of vessels, as long as this does not impair the ability of their competent authorities to inspect vessels upon arrival.

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

(40)Provisions on the recording of catch data and fishing effort by the Member States should be amended to include data contained in weighing records, take-over declarations and transport documents.

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

(42)In order to ensure that the Commission is provided with the most accurate catch data, Member States should correct aggregated data submitted to the Commission where they have previously only submitted estimates, where they detect inconsistencies after they have validated the data, or where the Commission detects inconsistencies.

(43)It should be clarified that catches of a species, a stock or a group of stocks subject to a quota are only to be counted against the quota applicable to the Member State concerned when this is required under Article 15 of Regulation (EU) No 1380/2013.

(44)Provisions concerning the publication by the Commission of a decision to close fisheries where a quota has been exhausted or the maximum allowable fishing effort has been reached should be simplified, in order to allow a timely publication of such closures. Those provisions should furthermore be harmonised with the provisions on the landing obligation laid down in Regulation (EU) No 1380/2013.

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

(46)If catching vessels operate with an engine the power of which exceeds the certified engine power as stated in the fishing licence and as registered in the Union fishing fleet register, it is impossible to ensure compliance with the capacity ceilings laid down in Regulation (EU) No 1380/2013. Therefore, the provisions concerning the verification of engine power should be clarified. Moreover, it is important to provide for the possibility to effectively control the engine power of certain catching vessels which pose a high risk of non-compliance with the rules of the common fisheries policy concerning engine power or which operate in specific areas, for example by way of devices which monitor the engine power on a continuous basis. Furthermore, the provisions concerning the verification of the tonnage of catching vessels for the purposes of capacity control should be simplified.

(47)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 control is performed on the basis of an analysis of the risk of non-compliance.

(48)In order to ensure transparency concerning fisheries control and inspection, each Member State should publish once a year on its website an annual report including certain minimum information as provided for in Regulation (EC) No 1224/2009, such as data on the resources available for control and inspections, performed control and inspections, detected and confirmed infringements and sanctions imposed. Each year, the Commissions should publish a compilation of the relevant information reported by Member States.

(49)In order to provide greater clarity, it is appropriate to amend the definition of a ‘fishing restricted area’. That definition should cover specific geographically defined marine areas within one or more sea basins, including marine protected areas, where all or certain fishing activities are temporarily or permanently restricted or prohibited in order to improve the conservation of marine biological resources or the protection of marine ecosystems under the rules of the common fisheries policy, such as those referred to in Articles 12, 17 and 21 of and Annex II, Part C of Annexes V to VIII, Part B of Annex XI and parts C and D of Annex XII to Regulation (EU) 2019/1241 and in Regulation (EU) 2023/2124 of the European Parliament and of the Council (14) and similar areas laid down in other rules of the common fisheries policy. Moreover, the rules on the control in fishing restricted areas should be improved, including by requiring the publication of the list of the fishing restricted areas and corresponding restrictions by Member States on their official websites.

(50)Activities which consist of the commercial exploitation of marine biological resources without the use of a catching vessel fall within the scope of the common fisheries policy. Such activities would include, for example, gathering of shellfish, underwater fishing, ice fishing and fishing from the shore, including fishing on foot. Therefore, in order to harmonise the control of such activities across the Union, a definition of ‘fishing without a vessel’ and specific control measures for such activities should be introduced in Regulation (EC) No 1224/2009, taking into account, where necessary, the specificities of those fisheries, including regional specificities.

(51)Recreational fisheries play an important role in the Union, both from a biological, economic and social perspective. Considering the significant impacts of recreational fisheries on certain stocks, it is necessary to lay down specific provisions allowing for an effective control of recreational fisheries by Member States, including an appropriate system of sanctions in the event of non-compliance. The collection of reliable catch data from certain recreational fisheries is necessary to provide Member States and the Commission with the information necessary for an effective management and control of marine biological resources. For that purpose, Member State should have in place a system to effectively control catches in certain recreational fisheries, including non-commercial activities carried out by individual persons with fishing vessels or activities organised by commercial entities in the tourism or sport competition sectors.

(52)A number of specific conservation measures applicable to recreational fisheries has already been established under the common fisheries policy, in particular in Council regulations fixing fishing opportunities for certain fish stocks or groups of fish stocks. The specific conservation measures already applied include catch limits, bag limits, and prohibitions on fishing during certain periods, in certain areas or with certain gear. The conservation of particular species might require the use, in the future, of other measures than those already applied. The enforcement of conservation measures applicable to recreational fisheries requires the establishment of appropriate control measures.

(53)With the exception of the prohibition on the marketing or sale of catches from recreational fisheries, which should be enforced by all Member States, rules on the control of recreational fisheries should apply to coastal Member States only.

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

(55)To improve the control of the marketing of fishery and aquaculture products, the rules on placing those products into lots and on merging and splitting of lots should be clarified and updated.

(56)In line with the traceability requirements set out in Article 18 of Regulation (EC) No 178/2002 of the European Parliament and Council (15), Commission Implementing Regulation (EU) No 931/2011 (16) lays down certain traceability rules for the specific sector of food of animal origin, namely that 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 or aquaculture product is supplied. Traceability is important not only for food safety purposes but also to allow control, ensure the protection of consumers’ interests, combat IUU fishing and contribute to ensuring fair competition.

(57)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 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 and aquaculture products are supplied. In the case of fishery products which are not imported, that traceability information should include the unique fishing trip identification number(s) as this will allow linking a specific lot of fishery products to a particular landing by a Union fishing vessel or several Union fishing vessels in the same relevant geographical area. In the case of fishing without a vessel, the information should include the unique fishing day identification number(s).

(58)In line with Implementing Regulation (EU) No 931/2011 the traceability information relevant for the control of fishery and aquaculture products should be available from the first sale to 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.

(59)The same rules as for fishery and aquaculture products originating in the Union 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(s) numbers submitted in accordance with Council Regulation (EC) No 1005/2008 (17).

(60)In order to ensure an effective and timely transmission of the traceability information concerning fishery and aquaculture products, operators should make information on products falling under Chapter 3 of the Combined Nomenclature, established by Council Regulation (EEC) No 2658/87 (18), available in a digital way within the supply chain and to competent authorities upon their request.

(61)For the purpose of ensuring efficient traceability for fishery and aquaculture products falling under headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature, the Commission should conduct a study including an analysis of available solutions or methods to enable effective traceability for such products. On the basis of that study, the Commission should, by means of delegated acts, adopt detailed rules on the traceability requirements for lots of such fishery and aquaculture products.

(62)In the case of fishery products sold directly from fishing vessels to the final consumers, rules pertaining to traceability, registered buyers and sales notes should not apply to quantities below certain thresholds. Those thresholds should be harmonised and should be low enough to minimise the placing on the market of fishery products which cannot be traced and, therefore, controlled and which might contribute to illegal trade.

(63)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, the 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, without creating disproportionate burdens on operators.

(64)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 as a general rule be weighed per species upon landing so as to ensure accurate reporting of the catches. Furthermore, weighing records should be kept for three years.

(65)Sample weighing, weighing on board or weighing after transport should only be allowed under strict conditions. After the adoption of sampling plans, control plans and common control programmes by the Commission, it should be possible for Member States to allow fishery products to be weighed in accordance with those sampling plans, control plans or common control programmes.

(66)In order to improve control 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 those data by electronic means to Member States. That concerns, in particular, landing declarations, sales notes and take-over declarations.

(67)Due to the availability of adequate technological tools, the requirement to record data in a digital way and submit them electronically to Member States should apply to all registered buyers of fishery products.

(68)Transmission of transport documents to the relevant Member States should be simplified and should be done before transport begins in order to allow control and inspections by the competent authorities.

(69)Landing declarations, sales notes, take-over declarations and transport documents should include a reference to the unique fishing trip identification number in order to allow enhanced control and improve the validation of the data by Member States and the traceability of fishery products in the supply chain. In the case of fishing without a vessel, the sales notes, take-over declarations and transport documents should include the unique fishing day identification number(s) and a number of adjustments should be made in other provisions to address the inclusion of fishing without a vessel.

(70)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 in Regulation (EU) No 1379/2013.

(71)Inspections involving officials of both the flag Member State and the coastal Member State would facilitate cooperation and exchange of information and expertise. Therefore, a coastal Member State should have the possibility to invite officials of a flag Member State to participate in inspections of fishing vessels flying that Member State’s flag when those vessels are operating in the waters of the coastal State or landing in its ports or at its landing sites.

(72)To ensure that operators comply with the rules of the common fisheries policy, Regulation (EC) No 1224/2009 should set out how officials are to proceed in the event of possible infringements of those rules. This should include rules on how to handle detected infringements where officials have reason to believe, based on inspections or any relevant data or information, that an infringement of the rules of the common fisheries policy may have been committed and prior to a decision by a court or competent authority that will confirm whether or not such an infringement has been committed.

(73)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.

(74)Sanctions and other measures provided for in Regulations (EC) No 1224/2009 and (EC) No 1005/2008 should be applied by Member States in a manner that fully respects fundamental rights, including a person’s right not to be tried or punished twice in criminal proceedings for the same offence.

(75)Rules and procedures on the notification of relevant information on measures taken and sanctions imposed by Member States against nationals of, or fishing vessels flying the flag of, other Member States or third countries, including those concerning the determination of points for serious infringement of the rules of the common fisheries policy, should be strengthened in order to improve fisheries control and enforcement inside and outside Union waters.

(76)In order to ensure a level playing field and consistent application in the Member States as regards the judicial and administrative treatment of those who commit infringements of the rules of the common fisheries policy, provisions concerning the determination of behaviours that constitute serious infringements of those rules should be clarified and reinforced.

(77)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 all circumstances. In addition, there are other infringements of the rules of the common fisheries policy which should be considered serious where certain conditions are fulfilled. In order to ensure effective and proportionate enforcement, and a harmonised approach across the Union, it is necessary to establish an exhaustive list of criteria to be used by the competent national authorities when determining the seriousness of such infringements.

(78)Serious infringements should be subject to effective, proportionate and dissuasive administrative or criminal sanctions.

(79)Where there are clear indications that the content of any of the criteria for considering an infringement serious is insufficient to ensure effective and proportionate enforcement of the rules of the common fisheries policy by and across Member States, the Commission should have the possibility to adapt those criteria, by means of delegated acts. When exercising the power conferred on it to amend those criteria, the Commission should take into account, in particular, the advice of the expert group on compliance referred to in Article 37 of Regulation (EU) No 1380/2013, or the findings of the report drawn up by the Commission under Article 118(2) of Regulation (EC) No 1224/2009. Any such amendment should not add any new criteria and should only repeal criteria in exceptional cases where there are clear indications that this is necessary to ensure effective and proportionate enforcement of the rules of the common fisheries policy by and across Member States.

(80)As regards serious infringements, Member States should provide for administrative financial penalties, without prejudice to other appropriate sanctions and accompanying measures, and minimum levels for such administrative financial penalties should be set. Alternatively, Member States should be allowed to provide for standard rates of administrative financial penalties, and appropriate levels for such standard rates should be set. Those minimum levels and standard rates should be without prejudice to the discretion of competent authorities to deviate from those minimum levels in individual cases, in accordance with national law, in order to take into account the specific individual, financial and other mitigating circumstances of the case, such as of cooperation with law enforcement, the age of the offender or diminished capacity of the offender. Member States should also be allowed, alternatively, to provide for effective, proportionate and dissuasive criminal sanctions while ensuring that those sanctions have an equivalent effect to the administrative financial penalties. That should be without prejudice to the discretion of courts to determine the criminal sanctions in individual cases, in accordance with national law, and to take into account the specific individual, financial and other mitigating circumstances of the case.

(81)To increase levels of compliance and reduce the likelihood of serious infringements being committed, Member States should apply a point system and assign points to holders of fishing licences and masters of catching vessels concerned in the case of confirmed serious infringements. Points should not be assigned in the case of infringements with vessels having no nationality, infringements relating to making available on the market fishery or aquaculture products and conducting business directly connected to IUU fishing, and infringements concerning recreational fishing activities. Points should also not be assigned in the case of an infringement related to not fulfilling obligations to accurately record, store and report data relating to fishing activities, if the infringement concerned is not applicable to the holder of the fishing licence or to the master.

(82)In order to ensure the continuous deterrent effect of the point system for holders of a fishing licence, points assigned should be transferred to the new holder of the fishing licence in the event that the vessel or the fishing licence is sold, transferred or otherwise changes ownership after the date of the infringement, including to an operator in another Member State.

(83)In order to ensure a level playing field for masters, the point system for masters should be harmonised and aligned with the point system for licence holders. As such, flag Member States should assign points to masters of catching vessels flying their flag when they have committed a serious infringement under Regulation (EC) No 1224/2009. In addition, the Member State of which the master is a national should be informed of and record the points assigned to that master, in the event that those points have been assigned by another Member State.

(84)With a view to better achieving a level playing field and a culture of compliance within and outside the Union, masters for which the suspension or withdrawal of the right to command a fishing vessel has been triggered by the assignment of points should be prevented from operating as a master of a Union fishing vessel, either permanently or for the duration of the suspension. Member States should cooperate with each other for that purpose.

(85)Serious infringements should include using prohibited fishing gear or methods as those referred to in Article 7 of Regulation (EU) 2019/1241 or in any other equivalent rules of the common fisheries policy that contain similar general prohibitions on the use of certain fishing gear or methods.

(86)With a view to ensuring compliance with the rules of the common fisheries policy on fishing capacity, certain activities consisting of the manipulation of vessel engines, for the purpose of increasing their power, or using a manipulated engine, should be considered to be serious infringements under the conditions set out in Regulation (EC) No 1224/2009.

(87)In order to strengthen compliance with the rules of the common fisheries policy and to improve data collection, serious infringements consisting in the violation of the rules on the margins of tolerance for fishing logbooks and transhipment declarations, as set out in Regulation (EC) No 1224/2009, should be distinguished from other serious infringements consisting of a failure to fulfil obligations to accurately record, store and report data relating to fishing activities, based on certain conditions. In particular, the failure to record and report any catches of a species subject to the landing obligation should qualify as serious under the latter category depending on the gravity of the offence, to be determined by the competent authorities of Member States according to the circumstances of each case, such as, where applicable, the specificities of the fisheries concerned. For that purpose, special consideration should be given to the nature and extent of the conduct, including overall catches, the quantity, type and proportion of non-reported catches, including in the light of the applicable margin of tolerance, and any indications of an intention to circumvent the rules on the completion of fishing logbooks or transhipment declarations.

(88)It is appropriate to specify which activities by Member States’ nationals and Union fishing vessels as regards the engagement in or support of IUU fishing should constitute a serious infringement. In addition to behaviour constituting a serious infringement of the rules on fishing activities, the conduct of business directly connected to IUU fishing, including the import of, or the trade in, fishery products stemming from IUU fishing, such as the purchase of such products carried out without all the legally required documents, should also be considered to be a serious infringement.

(89)Article 5 of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. Furthermore, all Member States are parties to the International Labour Organization (ILO) Convention No 29 on Forced Labour, which requires that the illegal exaction of forced or compulsory labour is to be punishable as a penal offence and is to be subject to penalties imposed by law that are really adequate and are strictly enforced. Moreover, conducting fishing activities with the use of forced labour is contrary to the objectives of the common fisheries policy, in particular that fishing activities are to be managed in a way that is consistent with the objectives of achieving social and employment benefit and are to contribute to a fair standard of living for those who depend on fishing activities. It also undermines a level playing field for fishery and aquaculture products marketed in the Union. Therefore, conducting fishing activities with the use of forced labour should be regarded as a serious infringement, without prejudice to any criminal sanctions for forced labour in accordance with Member States’ obligations under the ILO Convention No 29 on Forced Labour.

(90)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.

(91)Under international agreements, overfishing by a Member State may lead to a reduction of the Union’s quota under that international agreement. In the event of such a reduction, the Council should, when allocating the fishing opportunities for that stock or group of stocks under Article 43(3) of the Treaty on the Functioning of the European Union (TFEU) and Article 16 of Regulation (EU) No 1380/2013, for the year for which that reduction is made and, if necessary, for the following year, adjust the quotas of the Member States in such a way that Member States which have not overfished will not suffer from the reduction of the Union quota.

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

(93)In order to fulfil its duties under the rules of the common fisheries policy the Commission needs to 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 those data.

(94)The data collected by Member States are also of great value for scientific purposes. It should be clarified that independent scientific bodies that are recognised at national, Union or international level 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. Before transferring such data, Member States should consider whether the scientific research can be conducted on the basis of pseudonymised or anonymised data and, if so, provide those scientific bodies with data which have been de-identified in that way. The fishing activity data collected by Member States are also of value for the production of statistics, in particular by Eurostat, which should be able to use those data to produce statistics on fisheries.

(95)In accordance with the Joint Statement of the European Parliament, the Council of the European Union and the European Commission on decentralised agencies of 19 July 2012, for every agency an evaluation commissioned by the Commission should take place every five years. Given that a number of fisheries and environmental challenges are strongly interlinked, the Commission, in the context of the next periodical evaluation of the European Environment Agency (‘EEA’), will consider how to enhance cooperation and relevant sharing of data between the European Fisheries Control Agency (the ‘Agency’) and the EEA and in what format such enhanced cooperation could be formalised, including, if necessary, by submitting any relevant legislative proposal or other measures to that effect.

(96)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.

(97)In order to allow the Commission to validate the catch data provided by the Member States and to fulfil its obligations in the context of international agreements, Member States should make available to the Commission, by means of direct electronic exchange, data concerning the activity of fishing vessels flying their flag.

(98)The set of data collected by the Member States to which the Commission should have access, such as fishing activity data, control data, and data on infringements, could include personal data. As the unique fishing trip identification number, the name of the fishing vessel or, in the case of fishing without a vessel, the unique fishing day identification number could 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.

(99)Regulations (EU) 2016/679 (19) and (EU) 2018/1725 (20) of the European Parliament and of the Council, and for certain processing of personal data, the national provisions transposing Directive (EU) 2016/680 of the European Parliament and of the Council (21), are applicable when personal data are processed in the context of Regulations (EC) No 1005/2008 and (EC) No 1224/2009 and Regulation (EU) 2019/473 of the European Parliament and the Council (22), and it should be ensured that the obligations relating to the protection of personal data are complied with at all times and at all levels.

(100)Processing of personal data contained in information collected under Regulation (EC) No 1224/2009 is necessary to ensure effective implementation of and compliance with the rules and objectives of the common fisheries policy. In particular, for the purpose of monitoring of fishing opportunities, including quota uptake, ensuring compliance with other management and conservation measures, monitoring fishing activities, or performing assessment allowing for risk-based control, Member States need to process vessel position data, fishing logbooks, landing declarations, sales notes and other fishing activity data in order to carry out validation and cross checks. That is necessary to ensure that data submitted by operators are complete and accurate and that operators comply with the rules of the common fisheries policy. In order to be able to control and evaluate the application of the rules of the common fisheries policy through verifications, inspections or audits and to monitor the control activities of Member States, the Commission or the body designated by it should have access to and be able to process, in addition to fishing activity data, data contained in inspection and control observer reports and data pertaining to infringements. Moreover, in the context of preparation and monitoring of compliance with international agreements and conservation measures, the Commission should be able to process data on the fishing activities of Union fishing vessels outside Union waters, including the vessel identification numbers, and the names of the owner of the vessel and the master of the vessel. The processing of fishing activity data could also be necessary for the purpose of proving, defending or establishing fishing rights of individual fishing vessels, Member States or the Union.

(101)The Member States, the Commission or the body designated by it should not store personal data for longer than is necessary to achieve the purposes for which personal data need to be processed. To that end, maximum retention periods for personal data processed in the framework of Regulation (EC) No 1224/2009 should be established.

(102)In order to be able to perform tasks set out in Regulation (EC) No 1224/2009, the Commission, the body designated by it and the Member States should be able to retain, where necessary for certain purposes, personal data contained in information collected under that Regulation for a period of up to five years after obtaining the relevant data. Member States perform validation of data over preceding years in order to verify and correct data with a view to ensuring complete and accurate data. Member States also assess data from preceding years to perform risk management. The Commission has to monitor and evaluate the implementation of the common fisheries policy by Member States, and for that purpose it has to examine data collected under Regulation (EC) No 1224/2009 concerning several previous years, for instance when performing audits and verifications.

(103)However, in the case of the follow-up of infringements, inspections, verifications, complaints or audits, or in the case of ongoing judicial or administrative proceedings, Member States and the Commission should be able to retain certain data until the end of the administrative or judicial proceedings concerned or the time needed for the application of sanctions because of the need for those data to be used during the entire period when such proceedings are ongoing and for applying sanctions, such as the point system.

(104)Furthermore, in order to be able to provide evidence of fishing activities of Union vessels, for example where necessary to demonstrate compliance with the obligations of the Union and Member States under international agreements or to support claims of historic or other fishing rights, Member States should be able to keep records of fishing activities data for a period of up to ten years.

(105)Certain data relating to past fishing activities is necessary for the purposes of policy evaluations and impact assessments as well as scientific research and scientific advice, which underpin the management of fishing activities and conservation of marine biological resources under the common fisheries policy. Trends and patterns in the development of marine biological resources usually require a longer-term perspective and analysis of data over decades. Member States should therefore be able to retain certain personal data for a period of up to 25 years to allow the analysis of the impact of fishing activities on the marine biological resources and the environment over longer periods of time.

(106)In accordance with Article 25 of Regulation (EU) 2016/679, controllers are to implement appropriate technical and organisational measures ensuring data protection by design and by default. The data protection principles should be complied with when laying down the detailed rules on the requirements, technical specifications, installation and functioning of the REM systems, including CCTV. In particular, those systems should be designed and implemented in such a way as to exclude, to the extent possible, images and identification of natural persons on recorded video material obtained from remote electronic systems, and safeguards should be provided where exceptionally such identification is detected.

(107)The obligations of the Member States and of the Commission in relation to information covered by professional and commercial secrecy, collected, received and transmitted within the framework of Regulation (EC) No 1224/2009 should be clarified. Such information should only be transmitted to persons other than those in the Member States, the Commission or the body designated by it whose functions require them to have such access, with the consent of the Member State or institution which has provided the information. In the event of a refusal to give such consent, the reasons for refusal should be provided.

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

(109)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 TFEU.

(110)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 control, as regards:

—the rules to be applied in the event of the failure of electronic recording and reporting systems, concerning vessel monitoring, fishing logbook, prior notification, and transhipment and landing declarations;

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

—the exemption of certain stocks from the obligation to stow demersal stocks subject to multiannual plans separately;

—the detailed rules concerning the functioning of traceability systems;

—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 follow-up to the suspension or withdrawal of the fishing licence and the conditions justifying the deletion of points;

—the minimum requirements for national control programmes, annual reports on control and inspections and the setting of benchmarks;

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

—the deduction of quotas for failure to comply with the rules of the common fisheries policy.

The power to adopt acts in accordance with Article 290 TFEU should also be delegated to the Commission in order to amend the list of criteria laid down in Annex IV to Regulation (EC) No 1224/2009.

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 (23). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council 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.

(111)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 vessel monitoring systems;

—the margin of tolerance;

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

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

—requirements and technical specifications for REM systems, including CCTV, determination of fleet segments and handling of data from such systems;

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

—remedies in the event of a prejudice caused to a Member State;

—the verification of the engine power and the tonnage of catching vessels, and verification of the type, number and characteristics of fishing gear;

—technical requirements and characteristics of systems for the continuous monitoring of engine power;

—the certification of engine power;

—rules on catch declarations for fishing without a vessel;

—for recreational fisheries, the list of species, stocks or groups of stocks to which rules on registration, recording and reporting apply, the submission of catch data and the marking of fishing gear;

—sampling plans, control plans and common control programmes for weighing;

—weighing procedures, weighing records and weighing systems;

—detailed rules concerning take-over declarations and transport documents;

—surveillance reports and inspection reports;

—the operation of the database for inspection and surveillance reports;

—fixing quantities against quotas in the event of corrective measures;

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

—specific control and inspection programmes;

—access to data and exchange of data;

—reporting by Member State; and

—mutual assistance.

Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (24).

(112)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 landing site has to be used and the frequency of communication of data; and the establishment of a control observer scheme.

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

(114)For reasons of consistency with the scope of Regulation (EC) No 1224/2009, the objectives of Regulation (EU) 2019/473 should be enlarged. The mission of the Agency should cover the harmonisation of the application of the rules of the common fisheries policy. It should comprise research and development in the area of control and inspection techniques, including, in cooperation with Member States, the development of pilot projects, and provision of assistance to the Commission in specific fields.

(115)It should be ensured that the obligations concerning personal data protection laid down in Regulation (EU) 2018/1725 are complied with by the Agency in the framework of data processing and exchange.

(116)The Administrative Board of the Agency should have the possibility to invite representatives of relevant Union institutions to take part in its meetings.

(117)The provisions of Regulation (EU) 2019/473 on the composition of the Administrative Board of the Agency should be amended in order to provide for the inclusion of one representative of the European Parliament, in line with the Common Approach annexed to the Joint Statement of the European Parliament, the Council and the Commission of 19 July 2012 on decentralised agencies. Such inclusion should be without prejudice to the role of the European Parliament on discharge in respect of the implementation of the budget of the Agency. All members of the Administrative Board should be appointed on the basis of their relevant experience and expertise in the field of fisheries control and inspection, and should not have any direct or indirect conflict of interest that might be considered prejudicial to their independence. Only representatives of the Member States and the Commission should have the right to vote.

(118)The Agency should contribute to the implementation of the Integrated Maritime Policy of the Union. For that purpose, the Agency should be able to conclude administrative agreements with other Union bodies which are also involved in the implementation of that policy.

(119)It should be clarified that the draft single programming document prepared by the executive Director of the Agency is to be submitted to the Administrative Board.

(120)For the purpose of ensuring consistent programming and to align Regulation (EU) 2019/473 with Commission Delegated Regulation (EU) 2019/715 (25), the Agency should draw up a single programming document containing the annual and multiannual programming.

(121)It should be clarified that the Agency should be allowed to receive funds in the form of delegations agreements or ad-hoc grants, without prejudice to other types of income.

(122)The provisions on the periodic evaluation of the Agency by the Commission should be clarified and aligned with the Common approach annexed to the Joint Statement of the European Parliament, the Council and the Commission of 19 July 2012 on decentralised agencies. The Member States and the Agency should provide the Commission with the information necessary to produce that evaluation. For the purposes of that evaluation, the Commission should also seek input from all relevant stakeholders. When establishing the terms of reference for the evaluation, the Commission should consult the Administrative Board of the Agency.

(123)Regulation (EU) 2019/473 should therefore be amended accordingly.

(124)In order to ensure consistency between control provisions, Council Regulation (EC) No 1967/2006 (26) and Regulation (EU) 2016/1139 of the European Parliament and Council (27) should be amended. In particular, the 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 should be deleted and the relevant provisions of Regulation (EC) No 1224/2009 should apply instead. Furthermore, the provisions concerning the margin of tolerance in estimates recorded in the fishing logbook set out in Regulation (EU) 2016/1139 should be amended.

(125)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 international commitments and to ensure effective implementation of the scheme, Regulation (EC) No 1005/2008 should be amended to establish a database for the management of catch certificates (CATCH) and related documents based on TRACES referred to in Regulation (EU) 2017/625 of the European Parliament and of the Council (28), allowing for risk-based control, reducing opportunities of fraudulent imports and easing the administrative burden of Member States.

(126)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 checks, verifications, control and other relevant official activities concerning importation and exportation of fishery products as provided for in Regulation (EC) No 1005/2008, implementing powers should be conferred on the Commission relating to the functioning and development of CATCH based on TRACES.

(127)The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in order to supplement Regulation (EC) No 1005/2008 by laying down the conditions for any exemption from the application of CATCH.

(128)In order to increase traceability of fishery products destined for the Union market, specific requirements on split consignments should be introduced under the catch certification scheme. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in order to supplement Regulation (EC) No 1005/2008 by developing a template of a document in order to harmonise control of such requirements.

(129)To strengthen the measures against non-cooperating third countries in fighting IUU fishing, the ownership, including as a beneficial owner as defined in Article 3, point (6), of Directive (EU) 2015/849 of the European Parliament and of the Council (29), operation or management by Union operators of fishing vessels flying the flag of such third countries should be prohibited. Furthermore, the access to port services and the conduct of landing or transhipment operations in Union ports by fishing vessels flying the flag of such third countries should be prohibited.

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

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

(132)As rules on transhipment outside Union are laid down in Regulation (EC) No 1224/2009, Chapter VI of Title II of Regulation (EU) 2017/2403, setting out rules on transhipment on the high seas and under direct authorisation, has become redundant and should be deleted. Regulation (EU) 2017/2403 should therefore be amended accordingly.

(133)The amendments introduced by this Regulation range from minor amendments to major changes and different periods are needed to prepare for the application of the new rules. Therefore, the dates of application for those amendments should be differentiated and should be adequate to prepare for the application of those rules. Moreover, certain transitional provisions necessary to ensure a smooth transition to the new rules should be introduced.

(134)The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on 18 July 2018,