Commission Regulation (EC) No 1077/2008 (repealed)Show full title

Commission Regulation (EC) No 1077/2008

of 3 November 2008

laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing and repealing Regulation (EC) No 1566/2007 (repealed)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1966/2006 of 21 December 2006 on electronic recording and reporting of fishing activities and on means of remote sensing(1), and in particular Article 5 thereof,

Whereas:

(1) Article 22(1)(c) of Council Regulation (EC) No 2371/2002(2) provides that activities within the scope of the Common Fisheries Policy are prohibited unless a master, without undue delay records and reports information on fishing activities, including landings and transhipments and that copies of the records shall be made available to the authorities.

(2) In accordance with Council Regulation (EC) No 1966/2006 the obligation to electronically record and transmit logbook, landing declaration and transhipment data applies to masters of Community fishing vessels exceeding 24 m length overall within 24 months of entry into force of the implementing rules and to masters of Community fishing vessels exceeding 15 m length overall within 42 months of entry into force of the implementing rules.

(3) Daily reporting of fishing activities creates the potential to enhance significantly the efficiency and effectiveness of monitoring, control and surveillance operations both at sea and on land.

(4) Article 6 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the Common Fisheries Policy(3) provides that masters of Community fishing vessels shall keep a logbook of their operations.

(5) Article 8 of Council Regulation (EEC) No 2847/93 provides that the master of each Community fishing vessel having an overall length equal to or more than 10 m or his representative, shall after each fishing trip and within 48 hours of landing submit a declaration to the competent authorities of the Member States where the landing takes place.

(6) Article 9 of Council Regulation (EEC) No 2847/93 provides that auction centres or other bodies or persons authorised by Member States which are responsible for the first marketing of fishery products shall, upon first sale, submit a sales note to the competent authorities in whose territory the first marketing takes place.

(7) Article 9 of Council Regulation (EEC) No 2847/93 also provides that where the first marketing of fisheries products does not take place in the Member State where the products have been landed, the Member State responsible for monitoring the first marketing shall ensure that a copy of the sales note is submitted to the authorities responsible for monitoring the landing of the products as soon as possible.

(8) Article 19 of Council Regulation (EEC) No 2847/93 requires Member States to create computerised databases and to establish a validation system comprising in particular cross-checks and verification of data.

(9) Article 19b and 19e of Council Regulation (EEC) No 2847/93 require masters of Community fishing vessels to make effort reports and to record them in their logbook.

(10) Article 5 of Council Regulation (EC) No 2347/2002(4) requires the master of a Community fishing vessel holding a deep-sea fishing permit to record in a logbook or in a form provided by the flag Member State information concerning fishing gear characteristics and fishing operations.

(11) Council Regulation (EC) No 768/2005(5) establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy provides for the operation of joint deployment plans.

(12) Commission Regulation (EC) No 1566/2007(6) laid down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 as regards electronic recording and reporting of fishing activities.

(13) It is necessary, at present, to further detail and clarify some provisions contained in Regulation (EC) No 1566/2007. To that end it is appropriate to repeal Regulation (EC) No 1566/2007 and to replace it by a new Regulation.

(14) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 409, 30.12.2006, p. 1. Corrected by OJ L 36, 8.2.2007, p. 3.

(2)

OJ L 358, 31.12.2002, p. 59.

(3)

OJ L 261, 20.10.1993, p. 1.

(4)

OJ L 351, 28.12.2002, p. 6.

(5)

OJ L 128, 21.5.2005, p. 1.

(6)

OJ L 340, 22.12.2007, p. 46.