Council Regulation (EC) No 1224/2009Show full title

TITLE I U.K. GENERAL PROVISIONS

Article 1 U.K. Subject matter

This Regulation establishes a F1 ... [F2 system for control, inspection and enforcement] F3 ... to ensure compliance with [F4 Fisheries Rules].

Textual Amendments

F1 Word in Art. 1 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Substituted by Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015 amending Council Regulations (EC) No 850/98, (EC) No 2187/2005, (EC) No 1967/2006, (EC) No 1098/2007, (EC) No 254/2002, (EC) No 2347/2002 and (EC) No 1224/2009, and Regulations (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, as regards the landing obligation, and repealing Council Regulation (EC) No 1434/98.

F3 Words in Art. 1 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 1 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Article 2 U.K. Scope

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Textual Amendments

F5 Art. 2 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(3); 2020 c. 1, Sch. 5 para. 1(1)

F6 Article 2a U.K. Application of the Union control system to certain segments of the fleet of Mayotte as an outermost region

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Textual Amendments

F6 Art. 2a omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(4); 2020 c. 1, Sch. 5 para. 1(1)

[F7 Article 3 U.K. Relationship with international and national provisions

This Regulation applies without prejudice to special provisions contained in fisheries agreements concluded between the United Kingdom and other countries or applicable in the framework of regional fisheries management organisations or similar agreements to which the United Kingdom is a Contracting Party or a non-contracting Cooperating Party.]

Textual Amendments

F7 Art. 3 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(5); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K. Definitions

For the purposes of this Regulation, the definitions set out in [F8 Regulation (EU) No 1380/2013] shall apply. The following definitions shall also apply:

1.

‘fishing activity’ means searching for fish, shooting, setting, towing, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fisheries products;

2.

[F9 ‘Fisheries Rules’ means relevant retained direct EU legislation;]

3.

‘control’ means monitoring and surveillance;

4.

‘inspection’ means any check which is carried out by officials regarding compliance with [F10 Fisheries Rules] and which is noted in an inspection report;

5.

‘surveillance’ means the observation of fishing activities on the basis of sightings by inspection vessels or official aircrafts and technical detection and identification methods;

6.

‘official’ means a person authorised by a [F11 fisheries administration] to carry out an inspection;

7.

F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.

‘control observer’ means a person authorised by a [F13 fisheries administration] to observe the implementation of [F14 Fisheries Rules];

9.

‘fishing licence’ means an official document conferring on its holder the right, as determined by national rules, to use a certain fishing capacity for the commercial exploitation of living aquatic resources. It contains minimum requirements concerning the identification, technical characteristics and fitting out of a F15 ... fishing vessel;

10.

‘fishing authorisation’ means a fishing authorisation issued in respect of a F16 ... fishing vessel in addition to its fishing licence, entitling it to carry out specific fishing activities during a specified period, in a given area or for a given fishery under specific conditions;

11.

‘automatic identification system’ means an autonomous and continuous vessel identification and monitoring system which provides means for ships to electronically exchange with other nearby ships and authorities ashore ship data including identification, position, course and speed;

12.

F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13.

‘vessel detection system’ means a satellite based remote sensing technology which can identify vessels and detect their positions at sea;

14.

[F18 ‘fishing restricted area’ means any marine area defined in retained direct EU legislation where fishing activities are either limited or banned;]

15.

‘fisheries monitoring centre’ means an operational centre established by a [F19 fisheries administration] and equipped with computer hardware and software enabling automatic data reception, processing and electronic data transmission;

16.

‘transhipment’ means the unloading of all or any fisheries or aquaculture products on board a vessel to another vessel;

17.

‘risk’ means the likelihood of an event that may occur and would constitute a violation of [F20 Fisheries Rules];

18.

‘risk management’ means the systematic identification of risks and the implementation of all measures necessary for limiting the occurrence of these risks. This includes activities such as collecting data and information, analysing and assessing risks, preparing and taking action, and regular monitoring and review of the process and its outcomes, based on international F21 ... and national sources and strategies;

19.

‘operator’ means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products;

20.

‘lot’ means a quantity of fisheries and aquaculture products of a given species of the same presentation and coming from the same relevant geographical area and the same fishing vessel, or group of fishing vessels, or the same aquaculture production unit;

21.

‘processing’ means the process by which the presentation was prepared. It includes filleting, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fish for market in any other manner;

22.

‘landing’ means the initial unloading of any quantity of fisheries products from on board a fishing vessel to land;

23.

‘retail’ means the handling and/or processing of products of living aquatic resources and their storage at the point of sale or delivery to the final consumer, and includes distribution;

24.

[F22 ‘multiannual plans’ means recovery plans and plans providing for specific management measures for particular fish stocks for several years;]

25.

‘coastal State’ means the State in the waters under the sovereignty or jurisdiction or in the ports of which an activity takes place;

26.

‘enforcement’ means any actions taken to ensure compliance with [F23 Fisheries Rules];

27.

‘certified engine power’ means the maximum continuous engine power which can be obtained at the output flange of an engine according to the [F24 entry for the vessel in question recorded in the register maintained under Part 2 of the Merchant Shipping Act 1995];

28.

‘recreational fisheries’ means non-commercial fishing activities exploiting marine living aquatic resources for recreation, tourism or sport;

29.

‘relocation’ means fishing operations where the catch or part thereof is transferred or moved from shared fishing gear to a vessel or from a fishing vessel’s hold or its fishing gear to a keep net, container or cage outside the vessel in which the live catch is kept until landing;

30.

‘relevant geographical area’ means a sea area that is considered as a unit for the purposes of geographical classification in fisheries expressed by reference to a FAO sub-area, division or sub-division, or where applicable an ICES statistical rectangle, fishing effort zone, economic zone or area bounded by geographical coordinates;

31.

‘fishing vessel’ means any vessel equipped for commercial exploitation of living aquatic resources;

32.

‘fishing opportunity’ means a quantified legal entitlement to fish, expressed in terms of catches and/or fishing effort.

Textual Amendments

F8 Words in Art. 4 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 4(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 4(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 4(6) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(6)(d); 2020 c. 1, Sch. 5 para. 1(1)

F12 Art. 4(7) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(6)(e); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 4(8) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(6)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 4(8) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(6)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F15 Word in Art. 4(9) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(6)(g); 2020 c. 1, Sch. 5 para. 1(1)

F16 Word in Art. 4(10) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(6)(h); 2020 c. 1, Sch. 5 para. 1(1)

F17 Art. 4(12) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(6)(i); 2020 c. 1, Sch. 5 para. 1(1)

F18 Art. 4(14) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(6)(j); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 4(15) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(6)(k); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 4(17) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(6)(l); 2020 c. 1, Sch. 5 para. 1(1)

F21 Word in Art. 4(18) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(6)(m); 2020 c. 1, Sch. 5 para. 1(1)

F22 Art. 4(24) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(6)(n); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 4(26) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(6)(o); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 4(27) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 4(6)(p); 2020 c. 1, Sch. 5 para. 1(1)