Commission Implementing Decision (EU) 2017/10Show full title

Article 1 Amendments to Implementing Decision 2013/328/EU

Implementing Decision 2013/328/EU is amended as follows:

(1)

The title is replaced by the following:

‘Commission Implementing Decision of 25 June 2013 establishing a specific control and inspection programme for certain demersal and pelagic fisheries in the Union waters of the North Sea and in the Union waters of ICES Division IIa’.

(2)

Article 1 is replaced by the following:

‘Article 1 Subject matter

This Decision establishes a single specific control and inspection programme applicable to the fisheries exploiting cod, sole, plaice in the Union waters of ICES zones IIIa and IV, and certain fisheries exploiting mackerel, herring, horse mackerel, blue whiting, argentine, sprat; sand eel, and Norway pout; cod, haddock, whiting, saithe, Norway lobster, common sole, plaice, hake, Northern prawn, in the Union waters of ICES zones IIIa and IV and in the Union waters of ICES Division IIa (“Areas concerned”)’.

(3)

In Article 2, the following paragraph 1a is inserted:

‘1a. The specific control and inspection programme shall apply to:

(a) the fisheries defined in the Annex to Commission Delegated Regulation (EU) No 1395/2014(1);

(b) the fisheries defined in the Annex to Commission Delegated Regulation (EU) 2015/2440(2);

(c) the stocks covered by Regulations (EC) No 1342/2008 and (EC) No 676/2007.’

(4)

Article 3 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1. The specific control and inspection programme shall ensure the uniform and effective implementation of conservation and control measures applicable to the fisheries and stocks referred to in Article 2(1a)’;

(b)

in paragraph 2, point (c) is replaced by the following:

‘(c) the obligation to land all catches of species subject to the landing obligation pursuant to Regulation (EU) No 1380/2013 of the European Parliament and of the Council(3), and the measures to reduce discarding provided for in Title IIIa of Council Regulation (EC) No 850/98(4);’

(5)

In Article 4, paragraph 2 is replaced by the following:

‘2. Each fishing vessel, group of fishing vessels, fishing gear category, operator, and/or fishing-related activity, for each fishery and stocks referred to in Article 2(1a), shall be subject to control and inspection according to the level of priority attributed pursuant to paragraph 3.’

(6)

Article 5 is replaced by the following:

‘Article 5 Procedures for risk assessment

1. Member States concerned shall assess risks with regard to the stocks and area(s) listed in Article 1 according to the methodology established in cooperation with the European Fisheries Control Agency (EFCA).

2. The risk assessment methodology referred to in paragraph 1 shall provide that the Member State concerned:

(a) considers, on the basis of past experience and using all available and relevant information, how likely a non-compliance is to happen and, if it were to happen, the potential consequence(s);

(b) establishes the level of risk — by fisheries and stocks, area covered, time of the year — based on occurrence (frequent, medium, seldom, not) and potential consequences (serious, significant, acceptable or marginal). The estimated risk level shall be expressed as “very low”, “low”, “medium”, “high” or “very high”.

3. Member States concerned shall establish and regularly update a list of their vessels indicating, at least the high and very high risk vessels. The up-to date list of vessels graded by risks shall be used during the relevant joint deployment plan campaigns.

4. In cases where a fishing vessel flying the flag of a Member State which is not a Member State concerned, or a third country fishing vessel, operates in the area(s) referred to in Article 1, it shall be attributed a level of risk in accordance with paragraph 2. In the absence of information and unless its flag authorities provide, in the framework of Article 9, the results of their own risk assessment performed according to Article 4(2) and to paragraph 3 leading to a different risk level, it shall be considered as a “very high” risk level fishing vessel.’

(7)

Article 7(1) is replaced by the following:

‘1. In the framework of a joint deployment plan, where applicable, each Member State concerned shall communicate to the EFCA the results of its risk assessment carried out in accordance with Article 5(2) and, in particular, a list of estimated levels of risk with corresponding targets for inspection.’

(8)

Article 8 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1. Without prejudice to target benchmarks defined in Annex I to Regulation (EC) No 1224/2009 and in Article 9(1) of Council Regulation (EC) No 1005/2008(5), for the stocks referred to in Article 2(1a)(c), the target benchmarks defined in Annex II shall apply for “high” and “very high” risk level fishing vessels and/or other operators.’;

(b)

paragraph 2 is replaced by the following:

‘2. For the fisheries referred to in Article 2(1a)(a) and (b), the target benchmarks defined in Annex II shall apply for “high” and “very high” risk level fishing vessels and/or other operators.’

(9)

Annex I is deleted.

(10)

Annex II is replaced by the text in Annex I to this Decision.

(11)

Annex IV is replaced by the text in Annex II to this Decision.

Article 2 Amendments to Implementing Decision 2012/807/EU

Implementing Decision 2012/807/EU is amended as follows:

(1)

The title is replaced by the following:

‘Commission Implementing Decision of 19 December 2012 establishing a specific control and inspection programme for pelagic fisheries in western waters of the north-east Atlantic’.

(2)

Article 1 is replaced by the following:

‘Article 1 Subject matter

This Decision establishes a specific control and inspection programme applicable to the stocks of mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine and sprat in EU waters of ICES sub-areas V, VI, VII, VIII and IX and in EU waters of CECAF 34.1.11 (hereafter referred to as “Western Waters”).’

(3)

In Article 3(2), point (b) is replaced by the following:

‘(b) reporting obligations applicable to fishing activities in Western Waters, in particular the reliability of the information recorded and reported;’

(4)

Article 5 is replaced by the following:

‘Article 5 Procedures for risk assessment

1. Member States concerned shall assess risks with regard to the stocks and area(s) listed in Article 1 according to the methodology established in cooperation with the European Fisheries Control Agency (EFCA).

2. The risk assessment methodology referred to in paragraph 1 shall provide that the Member State concerned:

(a) considers, on the basis of past experience and using all available and relevant information, how likely a non-compliance is to happen and, if it were to happen, the potential consequence(s);

(b) establishes the level of risk — by fisheries and stocks, area covered, time of the year — based on occurrence (frequent, medium, seldom, not) and potential consequences (serious, significant, acceptable or marginal). The estimated risk level shall be expressed as “very low”, “low”, “medium”, “high” or “very high”.

3. Member States concerned shall establish and regularly update a list of their vessels indicating, at least the high and very high risk vessels. The up-to date list of vessels graded by risks shall be used during the relevant joint deployment plan campaigns.

4. In cases where a fishing vessel flying the flag of a Member State which is not a Member State concerned, or a third country fishing vessel, operates in the area(s) referred to in Article 1, it shall be attributed a level of risk in accordance with paragraph 2. In the absence of information and unless its flag authorities provide, in the framework of Article 9, the results of their own risk assessment performed according to Article 4(2) and to paragraph 3 leading to a different risk level, it shall be considered as a “very high” risk level fishing vessel.’

(5)

Article 7(1) is replaced by the following:

‘1. In the framework of a joint deployment plan, where applicable, each Member State concerned shall communicate to the EFCA the results of its risk assessment carried out in accordance with Article 5(2) and, in particular, a list of estimated levels of risk with corresponding targets for inspection.’

Article 3 Entry into force

This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2017.

Done at Brussels, 5 January 2017.

For the Commission

The President

Jean-Claude Juncker