Commission Regulation (EC) No 1010/2009Show full title

TITLE I INSPECTIONS OF THIRD COUNTRY FISHING VESSELS IN MEMBER STATES PORTS

CHAPTER I Conditions for access to port by third country fishing vessels

Article 1 Prior notification

By way of derogation from Article 6(1) of Regulation (EC) No 1005/2008, vessels landing the types of fishery products set out in Annex I to this Regulation shall be subject to a prior notification period of 4 hours.

Article 2 Prior notification form

1. The form for prior notification referred to in Article 6(1) of Regulation (EC) No 1005/2008 is set out in Annex IIA to this Regulation.

2. Where all catches are accompanied by a validated catch certificate, the simplified prior notification form set out in Annex IIB may be used.

Article 3 Procedures and forms for pre-landing and pre-transhipment declarations

1. The form of the pre-landing declaration referred to in Article 8(1) of Regulation (EC) No 1005/2008 shall be as set out in Annex IIIA to this Regulation.

2. The form of the pre-transhipment declaration referred to in Article 8(1) of Regulation (EC) No 1005/2008 shall be as set out in Annex IIIB to this Regulation.

3. A third country fishing vessel may submit the pre-landing or pre-transhipment declaration in electronic format if the Member State whose designated ports of landing and transhipment facilities it intends to use and the flag State of the vessel have agreed to electronic exchange of data.

4. Unless otherwise provided for in the agreement referred to in paragraph 3, a third country fishing vessel shall submit the pre-landing or pre-transhipment declaration either in:

(a) the official language of the Member State of landing or transhipment; or

(b) English if accepted by the Member State of landing or transhipment.

5. The pre-landing or pre-transhipment declaration shall be submitted at least 4 hours before the intended landing or transhipment.

CHAPTER II Port inspections

Article 4 Benchmarks for port inspections

The benchmarks for port inspections as referred to in Article 9(1) of Regulation (EC) No 1005/2008 shall consist of the following criteria:

(a)

the species concerned are subject to a management or recovery plan;

(b)

the fishing vessel is suspected of not implementing applicable provisions on VMS according to Chapter IV of Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems(1);

(c)

the fishing vessel has not been controlled at port in the port Member State in the last 3 months;

(d)

the fishing vessel has not been controlled by the port Member State in the last 6 months;

(e)

the fishing vessel is not on the list of establishments from which imports of specified products of animal origin are permitted, as set out in Article 12 of Regulation (EC) No 854/2004 of the European Parliament and of the Council(2);

(f)

importation, exportation or trade in fishery products obtained from species of high commercial value;

(g)

introduction of new kinds of fishery products or discovery of new trade patterns;

(h)

inconsistencies between the trade patterns and the known fishing activities of a flag State in particular in respect of species, volumes or characteristics of its fishing fleet;

(i)

inconsistencies between the trade patterns and the known fishing-related activities of a third country in particular in respect of the characteristics of its processing industry or its trade in fishery products;

(j)

trade pattern not justified in terms of economic criteria;

(k)

involvement of a newly established operator;

(l)

significant and sudden increase in trade volume for a certain species;

(m)

submission of copies of catch certificates accompanying processing statements according to Annex IV of Regulation (EC) No 1005/2008, for instance when the catch has been split during production;

(n)

prior notification, required under Article 6 of Regulation (EC) No 1005/2008, not transmitted at the proper time or information incomplete;

(o)

inconsistencies between catch data declared by the operator and other information available to the competent authority;

(p)

vessel or vessel owner suspected of being or having been involved in IUU fishing activities;

(q)

vessel having recently changed name, flag or registration number;

(r)

flag State not notified according to Article 20 of Regulation (EC) No 1005/2008 or information available on possible irregularities in the validation of catch certificates by a given flag State (e.g. stamps or validation seal from a competent authority lost, stolen or forged);

(s)

presumed deficiencies in the control system of a flag State;

(t)

operators concerned who have already been involved in illegal activities constituting a potential risk in respect of IUU fishing.

Article 5 Reporting on the application of benchmarks

1. Member States shall report on the application of benchmarks referred to in Article 4 in their report to be transmitted to the Commission every two years according to Article 55(1) of Regulation (EC) No 1005/2008.

2. On the basis of those reports and its own observations, the Commission shall undertake an evaluation and possible adjustment of the benchmarks.

(1)

OJ L 333, 20.12.2003, p. 17.

(2)

OJ L 226, 25.6.2004, p. 83.