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

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006

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CHAPTER IU.K.Control of the use of fishing opportunities

Section 1U.K.General provisions

Article 14U.K.Completion and submission of the fishing logbook

[F11.Without prejudice to specific provisions contained in multiannual plans, the master of each [F2United Kingdom] fishing vessel of 10 metres' length overall or more shall keep a fishing logbook of operations, indicating specifically, for each fishing trip, all quantities of each species caught and kept on board above 50 kg of live-weight equivalent. The 50 kg threshold shall apply as soon as catches of a species exceed 50 kg.]

2.The fishing logbook referred to in paragraph 1 shall contain in particular the following information:

(a)the external identification number and the name of the fishing vessel;

(b)the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken;

(c)the date of catches;

(d)the date of departure from and of arrival to port, and the duration of the fishing trip;

(e)the type of gear, mesh size and dimension;

[F1(f)the estimated quantities of each species in kilograms live weight, or, where appropriate, the number of individuals, including the quantities or individuals below the applicable minimum conservation reference size, as a separate entry;]

(g)the number of fishing operations.

3.The permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % for all species.

[F14.Masters of [F3United Kingdom] fishing vessels shall record in their fishing logbook all estimated discards above 50 kg of live-weight equivalent in volume for any species not subject to the landing obligation.

Masters of [F3United Kingdom] fishing vessels shall also record in their fishing logbook all estimated discards in volume for any species not subject to the landing obligation pursuant to Article 15 F4... of Regulation (EU) No 1380/2013 of the European Parliament and of the Council(1).]

5.In fisheries subject to a F5... [F1regime of fishing effort, masters of] [F6United Kingdom] fishing vessels shall record and account in their fishing logbooks for the time spent in an area as follows:

(a)with regard to towed gear:

(i)

entry into, and exit from the port located in that area;

(ii)

each entry into, and exit from maritime areas where specific rules on access to waters and resources apply;

(iii)

the catch retained on board by species in kilograms live weight at the time of exit from that area or before entry into a port located in that area;

(b)with regard to static gear:

(i)

entry into, and exit from the port located in that area;

(ii)

each entry into, and exit from maritime areas where specific rules on access to waters and resources apply;

(iii)

the date and time of setting or re-setting of the static gear in these areas;

(iv)

the date and time of the completion of fishing operations using the static gear;

(v)

the catch retained on board by species in kilograms live weight at the time of exit from that area or before entry into a port located in that area.

6.Masters of [F7United Kingdom] fishing vessels shall submit the fishing logbook information as soon as possible and not later than 48 hours after landing:

(a)to [F8a fisheries administration]; and

(b)[F9if the landing has taken place in the port of a third country, to the competent authorities of the port country concerned].

7.To convert stored or processed fish weight into live fish weight, masters of [F10United Kingdom] fishing vessels shall apply the conversion factor established in accordance with [F11Commission Implementing Regulation (EU) No 404/2011].

8.Masters of third country fishing vessels operating in [F12United Kingdom] [F1waters shall record the information referred to in this Article in the same way as masters of] [F12United Kingdom] fishing vessels.

9.The accuracy of the data recorded in the fishing logbook shall be the responsibility of the master.

[F1310.A fisheries administration may make regulations specifying detailed rules for the application of this Article.]

Textual Amendments

Article 15U.K.Electronic completion and transmission of fishing logbook data

1.Masters of [F14United Kingdom] fishing vessels of 12 metres’ length overall or more shall record by electronic means the information referred to in Article 14, and shall send it by electronic means to the competent authority of [F15a fisheries administration] at least once a day.

2.Masters of [F16United Kingdom] fishing vessels of 12 metres’ length overall or more shall send the information referred to in Article 14 at the request of the competent authority of the [F17a fisheries administration], and shall in any event transmit the relevant fishing logbook data after the last fishing operation has been completed and before entering port.

F183.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.[F19A fisheries administration] may exempt masters of [F20fishing vessels in its fleet] of less than 15 metres’ length overall F21... from paragraph 1 if they:

(a)operate exclusively within the territorial seas of the [F22United Kingdom]; or

(b)never spend more than 24 hours at sea from the time of departure to the return to port.

5.Masters of [F23United Kingdom] fishing vessels that electronically record and report data on their fishing activities shall be exempt from the obligation to complete a paper fishing logbook, a landing declaration and a transhipment declaration.

F246.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7.A [F25fisheries administration] may oblige or authorise masters of fishing vessels flying its flag as of 1 January 2010 to electronically record and transmit the data referred to in Article 14.

F268.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F279.A fisheries administration may make regulations specifying detailed rules for the application of this Article.]

Textual Amendments

F28Article 16U.K.Fishing vessels not subject to fishing logbook requirements

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Textual Amendments

Article 17U.K.Prior notification

1.Masters of [F29United Kingdom] fishing vessels of 12 metres’ length overall or more engaged in fisheries on stocks subject to a multiannual plan, which are under the obligation to record fishing logbook data electronically in accordance with Article 15, shall notify the competent authorities of [F30a fisheries administration] at least four hours before the estimated time of arrival at port of the following information:

(a)the external identification number and the name of the fishing vessel;

(b)the name of the port of destination and the purposes of the call, such as landing, transhipment or access to services;

(c)the dates of the fishing trip and the relevant geographical areas in which the catches were taken;

(d)the estimated date and time of arrival at port;

[F1(e)the quantities of each species recorded in the fishing logbook, including those below the applicable minimum conservation reference size, as a separate entry;

(f)the quantities of each species to be landed or trans-shipped, including those below the applicable minimum conservation reference size, as a separate entry.]

[F312.When a United Kingdom fishing vessel intends to enter a port which is not a United Kingdom port, a fisheries administration must immediately upon receipt forward the electronic prior notification to the competent authorities of the relevant coastal state.]

F323.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.The electronic fishing logbook data referred to in Article 15 and the electronic prior notification may be sent in a single electronic transmission.

5.The accuracy of the data recorded in the electronic prior notification shall be the responsibility of the master.

6.[F33A fisheries administration may, by regulations,] exempt certain categories of fishing vessels from the obligation set out in paragraph 1 for a limited period, which may be renewed, or make provision for another notification period taking into account, inter alia, the type of fisheries products, the distance between the fishing grounds, landing places and ports where the vessels in question are registered.

Textual Amendments

F34Article 18U.K.Prior notification of landing in another Member State

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Textual Amendments

Article 19U.K.Authorisation to access to port

The competent authorities of [F35a fisheries administration] may deny access to port to fishing vessels if the information referred to in [F36Article 17] is not complete, except in cases of force majeure.

Textual Amendments

Article 20U.K.Transhipment operations

1.Transhipments at sea shall be prohibited in [F37United Kingdom] waters. They shall be allowed only subject to an authorisation and to the conditions laid down in this Regulation in ports or places close to the shore F38... designated for this purpose, and in accordance with the conditions laid down in Article 43(5).

2.If the transhipment operation is interrupted, permission may be required before the transhipment operation is resumed.

3.For the purposes of this Article, relocation, pair trawling activities and fishing operations involving joint action by two or more [F39United Kingdom] fishing vessels shall not be considered as transhipment.

Textual Amendments

Article 21U.K.Completion and submission of the transhipment declaration

1.Without prejudice to specific provisions contained in multiannual plans, masters of [F40United Kingdom] fishing vessels of 10 metres’ length overall or more involved in a transhipment operation shall complete a transhipment declaration, indicating specifically all quantities of each species transhipped or received above 50 kg of live-weight equivalent.

2.The transhipment declaration referred to in paragraph 1 shall contain at least the following information:

(a)the external identification number and the name of both the transhipping and the receiving fishing vessels;

(b)the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken;

[F1(c)the estimated quantities of each species in kilograms in product weight, broken down by type of product presentation, or, where appropriate, the number of individuals, including the quantities or individuals below the applicable minimum conservation reference size, as a separate entry;]

(d)the port of destination of the receiving fishing vessel;

(e)the designated port of transhipment.

3.The permitted margin of tolerance in estimates recorded in the transhipment declaration of the quantities in kilograms of fish transhipped or received shall be 10 % for all species.

4.The masters of both the transhipping and the receiving fishing vessel shall each submit a transhipment declaration, as soon as possible and not later than 48 hours after transhipment:

(a)to [F41a fisheries administration]; and

[F42(b)if the transhipment has taken place in a port of a third country, to the competent authorities of that country.]

5.The masters of both the transhipping and the receiving fishing vessel shall each be responsible for the accuracy of the data recorded in their transhipment declaration.

6.[F43A fisheries administration may, by regulations,] exempt certain categories of fishing vessels from the obligation laid down in paragraph 1 for a limited and renewable period, or make provision for another notification period taking into account, inter alia, the type of fishery products and the distance between the fishing grounds, transhipping places and ports where the vessels in question are registered.

[F447.A fisheries administration may, by regulations, specify transhipment procedures and forms.]

Textual Amendments

Article 22U.K.Electronic completion and transmission of transhipment declaration data

1.Masters of [F45United Kingdom] fishing vessels of 12 metres’ length overall or more shall record by electronic means the information referred to in Article 21 and shall send it by electronic means to the competent authority of [F46a fisheries administration] within 24 hours after completion of the transhipment operation.

F472.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.A [F48fisheries administration] may exempt masters of [F49United Kingdom] fishing vessels of less than 15 metres’ length overall F50... from paragraph 1 if they:

(a)operate exclusively within the territorial seas of the [F51United Kingdom]; or

(b)never spend more than 24 hours at sea from the time of departure to the return to port.

F524.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F535.When a United Kingdom fishing vessel tranships its catches in another country, the competent authorities of a fisheries administration must immediately upon receipt forward the transhipment declaration data by electronic means to the competent authorities of the country where the catch was transhipped and where the catch is destined.]

F546.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F557.A fisheries administration may make regulations specifying detailed rules for the application of this Article.]

Textual Amendments

Article 23U.K.Completion and submission of the landing declaration

1.Without prejudice to specific provisions contained in multiannual plans, the master of a [F56United Kingdom] fishing vessel of 10 metres’ length overall or more, or his representative, shall complete a landing declaration, indicating specifically all quantities of each species landed.

2.The landing declaration referred to in paragraph 1 shall contain at least the following information:

(a)the external identification number and the name of the fishing vessel;

(b)the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken;

[F1(c)the quantities of each species in kilograms in product weight broken down by type of product presentation, or, where appropriate, the number of individuals, including the quantities or individuals below the applicable minimum conservation reference size, as a separate entry;]

(d)the port of landing.

3.The master of a [F57United Kingdom] fishing vessel or his representative shall submit the landing declaration, as soon as possible and not later than 48 hours after the completion of the landing:

(a)to [F58the competent authorities of a fisheries administration]; and

[F59(b)if the landing has taken place in a port of a third country to the competent authorities of that country.]

4.The accuracy of the data recorded in the landing declaration shall be the responsibility of the master.

[F605.A fisheries administration may make regulations specifying detailed rules for the application of this Article.]

Textual Amendments

Article 24U.K.Electronic completion and transmission of landing declaration data

1.The master of a [F61United Kingdom] fishing vessel of 12 metres’ length overall or more, or his representative, shall record by electronic means the information referred to in Article 23, and shall send it by electronic means to the competent authority of [F62a fisheries administration] within 24 hours after completion of the landing operation.

F632.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.A [F64fisheries administration] may exempt masters of [F65United Kingdom] fishing vessels of less than 15 metres’ length overall F66... from paragraph 1 if they:

(a)operate exclusively within the territorial seas of the [F67fisheries administration]; or

(b)never spend more than 24 hours at sea from the time of departure to the return to port.

[F684.When a United Kingdom fishing vessel lands its catches in a third country, the competent authorities of a fisheries administration must immediately upon receipt forward the landing declaration data by electronic means to the competent authorities of the country where the catch was landed.]

5.The master of a [F69United Kingdom] fishing vessel, or his representative, who records by electronic means the information referred to in Article 23 and who lands his catch in a [F70third country] shall be exempt from the requirement to submit a paper landing declaration to [F71a fisheries administration].

6.A [F72fisheries administration] may oblige or authorise masters of [F73United Kingdom fishing vessels] as of 1 January 2010 to electronically record and transmit the data referred to in Article 23.

F747.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F758.A fisheries administration may, by regulations, specify landing declaration procedures and forms.]

Textual Amendments

F76Article 25U.K.Vessels not subject to landing declaration requirements

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Textual Amendments

Section 2U.K.Control of fishing effort

Article 26U.K.Monitoring of fishing effort

[F771.A fisheries administration must control the compliance with fishing effort regimes in geographical areas where maximum allowable fishing effort applies.]

2.Without prejudice to special rules, where a fishing vessel carrying on board or, where appropriate, deploying a fishing gear or gears subject to a fishing effort regime or operating in a fishery subject to a fishing effort regime crosses during the same day two or more geographical areas subject to that fishing effort regime, the fishing effort deployed shall be counted against the maximum allowable fishing effort related to such fishing gear or such fishery and to the geographical area in which the largest proportion of time was spent during that day.

3.Where a [F78fisheries administration] has authorised a fishing vessel in accordance with Article 27(2) to use more than one fishing gear or gears belonging to more than one grouping of fishing gears subject to a fishing effort regime during a certain fishing trip in a geographical area subject to that fishing effort regime, the fishing effort deployed during that trip shall be counted simultaneously against the maximum allowable fishing effort available F79... and related to each of such gears or groupings of fishing gears and to such geographical area.

4.Where fishing gears belong to the same grouping of fishing gears subject to the fishing effort regime, the fishing effort deployed in a geographical area by fishing vessels when carrying those gears on board shall be counted only once against the maximum allowable fishing effort related to such grouping of fishing gears and to such geographical area.

F805.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.A day present within an area shall be any continuous period of 24 hours or part thereof during which a fishing vessel is present within the geographical area and absent from port or where appropriate deploying its fishing gear. The time from which the continuous period of a day present in the area is measured is at the discretion of [F81a fisheries administration]. A day absent from port shall be any continuous period of 24 hours or part thereof during which the fishing vessel is absent from port.

Textual Amendments

Article 27U.K.Notification of fishing gear

1.Without prejudice to specific rules, in relevant geographical areas subject to a fishing effort regime where gear restrictions apply or where maximum allowable fishing effort were set for different fishing gears or groupings of fishing gears, the master of a fishing vessel or his representative shall notify to the competent authorities of [F82a fisheries administration] before a period to which maximum allowable fishing effort applies which fishing gear or, where applicable, fishing gears he intends to use during the forthcoming period. Until such notification is provided the fishing vessel shall not be entitled to fish within the geographical areas to which the fishing effort regime applies.

2.Where a fishing effort regime allows the use of gears belonging to more than one grouping of fishing gears in a geographical area, the use of more than one fishing gear during a fishing trip shall be subject to a prior authorisation by [F83a fisheries administration].

Textual Amendments

Article 28U.K.Fishing effort report

1.When [F84a fisheries administration] so decides for [F85United Kingdom] [F1fishing vessels which are not equipped with a functioning vessel monitoring system as referred to in Article 9 or which do not transmit fishing logbook data electronically as referred to in Article 15 and which are subject to a fishing effort regime, the masters of these fishing vessels shall communicate by telex, fax, telephone message or e-mail duly recorded by the recipient or by radio via a radio station approved under] [F86rules made by a fisheries administration] the following information in the form of a fishing effort report to the competent authorities of [F87a fisheries administration] and, where appropriate, to the [F88coastal state] immediately before each entry into and exit from a geographical area subject to that fishing effort regime:

(a)the name, external identification mark, radio call sign and name of the master of the fishing vessel;

(b)the geographical location of the fishing vessel to which the communication refers;

(c)the date and time of each entry into and exit from the area and, where applicable, parts thereof;

(d)the catch retained on board by species in kilograms live weight.

F892.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 29U.K.Exemptions

1.A fishing vessel carrying on board fishing gears subject to a fishing effort regime may transit across a geographical area subject to that fishing effort regime if it has no fishing authorisation to operate in that geographical area or it has first notified its competent authorities of its intention to transit. While the fishing vessel is within that geographical area, any fishing gear subject to that fishing effort regime and carried on board shall be lashed and stowed in accordance with conditions laid down in Article 47.

2.A [F90fisheries administration] may choose not to count against any available maximum allowable fishing effort the activity of a fishing vessel undertaking non-fishing related activities in a geographical area subject to a fishing effort regime provided that the fishing vessel first notifies its [F91fisheries administration] of its intention to do so, of the nature of its activity and that it surrenders its fishing authorisation for that time. Such fishing vessels shall not carry any fishing gear or fish during that time.

3.A [F92fisheries administration] may choose not to count against any maximum allowable fishing effort the activity of a fishing vessel in a geographical area subject to a fishing effort regime which has been present in that geographical area but was unable to fish because it was assisting another fishing vessel in need of emergency aid or because it was transporting an injured person for emergency medical aid. F93...

Textual Amendments

Article 30U.K.Exhaustion of fishing effort

1.Without prejudice to Articles 29 and 31, in a geographical area where fishing gears are subject to a fishing effort regime a [F94United Kingdom] fishing vessel carrying on board such fishing gear or gears shall remain in port or out of that geographical area for the remainder of a period in which such fishing effort regime applies if:

(a)it has exhausted the share of the maximum allowable fishing effort related to such geographical area and to such fishing gear or gears that has been assigned to it; or

(b)the maximum allowable fishing effort related to such geographical area and to such fishing gear or gears available to [F95United Kingdom fishing vessels] has been exhausted.

2.Without prejudice to Article 29, in a geographical area where a fishery is subject to a fishing effort regime, a [F96United Kingdom] fishing vessel shall not operate in that fishery in that area if:

(a)it has exhausted the share of the maximum allowable fishing effort related to that geographical area and to that fishery that has been assigned to it; or

(b)the maximum allowable fishing effort related to that geographical area and to that fishery available to [F97United Kingdom fishing vessels] has been exhausted.

Textual Amendments

Article 31U.K.Fishing vessels excluded from the application of a fishing effort regime

This Section shall not apply to fishing vessels to the extent that they are exempted from the application of a fishing effort regime.

[F98Article 32U.K.Detailed rules

A fisheries administration may make regulations specifying detailed rules for the application of this Section.]

Textual Amendments

Section 3U.K.Recording [F99of catches and fishing effort data]

Article 33U.K.Recording of catches and fishing effort

1.[F100A fisheries administration must] record all relevant data, in particular data referred to in Articles 14, 21, 23, 28 and 62, on fishing opportunities as referred to in this Chapter, expressed both in terms of landings and, where appropriate, fishing effort, and shall keep the originals of those data for a period of three years or longer in accordance with national rules.

F1012.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1013.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1014.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.All catches of a stock or a group of stocks subject to quota made by [F102United Kingdom] fishing vessels shall be charged against the quotas applicable to the [F103United Kingdom] for the stock or group of stocks in question, irrespective of the place of landing.

[F16.Catches taken in the framework of scientific research which are marketed and sold, including, where appropriate, those below the applicable minimum conservation reference size, shall be counted against the quota applicable to the [F104United Kingdom] insofar as they exceed 2 % of the quotas concerned. [F105Article 5(5) of Regulation (EU) 2017/1004 of the European Parliament and of the Council] shall not apply to scientific research voyages during which such catches are taken.]

F1067.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.Except for effort deployed by fishing vessels that are excluded from the application of a fishing effort regime, all fishing effort deployed by [F107United Kingdom] fishing vessels when carrying on board or, where appropriate, using a fishing gear or gears subject to a fishing effort regime or operating in a fishery subject to a fishing effort regime in a geographical area subject to that fishing effort regime shall be counted against the maximum allowable fishing effort related to such geographical area and to such fishing gear or such fishery available to [F108United Kingdom fishing vessels].

9.Fishing effort deployed in the framework of scientific research by a vessel carrying a fishing gear or gears subject to a fishing effort regime or operating in a fishery subject to a fishing effort regime in a geographical area subject to that fishing effort regime shall be counted against the maximum allowable fishing effort related to such fishing gear or gears or such fishery and to such geographical area of [F109the United Kingdom] if the catches taken during the deployment of this effort are marketed and sold insofar as they exceed 2 % of the fishing effort allocated. [F110Article 5(5) of Regulation (EU) 2017/1004 of the European Parliament and of the Council] shall not apply to scientific research voyages during which such catches are taken.

F11110.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F112Article 34U.K.Data on the exhaustion of fishing opportunities

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Textual Amendments

Textual Amendments

F113Section 4U.K.Closure of fisheries

F113Article 35U.K.Closure of fisheries by Member States

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F113Article 36U.K.Closure of fisheries by the Commission

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F113Article 37U.K.Corrective measures

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Textual Amendments

(1)

[F1Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC ( OJ L 354, 28.12.2013, p. 22 ).]

Textual Amendments

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