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Commission Implementing Regulation (EU) No 404/2011Show full title
Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy
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Changes over time for: ANNEX XXI
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Changes and effects yet to be applied to Annex XXI:
- Regulation continued by S.I. 2019/739 reg. 5(1)
- Annex 21 words substituted by S.I. 2019/739 reg. 5(113)(a)(i)
- Annex 21 words substituted by S.I. 2019/739 reg. 5(113)(a)(ii)
- Annex 21 point 1 words substituted by S.I. 2019/739 reg. 5(113)(b)(i)
- Annex 21 point 1 words substituted by S.I. 2019/739 reg. 5(113)(b)(ii)
- Annex 21 point 1 words substituted by S.I. 2019/739 reg. 5(113)(b)(iii)
- Annex 21 point 2 words substituted by S.I. 2019/739 reg. 5(113)(c)
- Annex 21 point 3 words substituted by S.I. 2019/739 reg. 5(113)(d)
- Annex 21 point 4 words substituted by S.I. 2019/739 reg. 5(113)(e)
- Annex 21 point 5 words substituted by S.I. 2019/739 reg. 5(113)(f)(i)
- Annex 21 point 5 words substituted by S.I. 2019/739 reg. 5(113)(f)(ii)
- Annex 21 point 6 words substituted by S.I. 2019/739 reg. 5(113)(g)(i)
- Annex 21 point 6 words substituted by S.I. 2019/739 reg. 5(113)(g)(ii)
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Title 10 s. 3 omitted by S.I. 2019/739 reg. 5(102)
- Title 10 s. 4 omitted by S.I. 2019/739 reg. 5(102)
- Title 10 s. 5 omitted by S.I. 2019/739 reg. 5(102)
- Art. 2(1) omitted by S.I. 2019/739 reg. 5(3)(a)
- Art. 2(2) omitted by S.I. 2019/739 reg. 5(3)(a)
- Art. 2(4) omitted by S.I. 2019/739 reg. 5(3)(b)
- Art. 2(12) words substituted by S.I. 2019/739 reg. 5(3)(c)
- Art. 2(14) omitted by S.I. 2019/739 reg. 5(3)(d)
- Art. 2(15) words substituted by S.I. 2019/739 reg. 5(3)(e)
- Art. 2(17) words omitted by S.I. 2019/739 reg. 5(3)(f)
- Art. 2(19) inserted by S.I. 2019/739 reg. 5(3)(g)
- Art. 7(1)(e) words substituted by S.I. 2019/739 reg. 5(9)(b)(iii)
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- Art. 23(c) words substituted by S.I. 2019/739 reg. 5(20)(c)
- Art. 33(1)(c) words substituted by S.I. 2019/739 reg. 5(30)
- Art. 39(2)(a) words substituted by S.I. 2019/739 reg. 5(35)(b)(i)
- Art. 39(2)(e) words substituted by S.I. 2019/739 reg. 5(35)(b)(ii)
- Art. 42(1)(a) words substituted by S.I. 2019/739 reg. 5(38)(a)(ii)
- Art. 42(1)(b) word substituted by S.I. 2019/739 reg. 5(38)(a)(iii)
- Art. 42(1)(c) word substituted by S.I. 2019/739 reg. 5(38)(a)(iii)
- Art. 47(1)(e) words substituted by S.I. 2019/739 reg. 5(43)(a)(iii)
- Art. 62(1)(b) words omitted by S.I. 2019/739 reg. 5(52)(a)(iv)
- Art. 62(1)(c) words substituted by S.I. 2019/739 reg. 5(52)(a)(v)
- Art. 67(13)(a) words omitted by S.I. 2019/739 reg. 5(54)(c)
- Art. 80(1)(d) words substituted by S.I. 2019/739 reg. 5(63)(b)(iv)
- Art. 99(d) omitted by S.I. 2019/739 reg. 5(76)
- Art. 105(1)(b) words substituted by S.I. 2019/739 reg. 5(78)(a)
- Art. 113(2)(a) words substituted by S.I. 2019/739 reg. 5(84)(b)
ANNEX XXIU.K. METHODOLOGY FOR ESTABLISHING THE CONTROL PLANS REFERRED TO IN ARTICLE 61(1) OF THE CONTROL REGULATION
This Annex lays down the methodology for Member States to establish the control plans to be applied when they permit fisheries products to be weighed after transport from the place of landing to a destination on the territory of that Member State, in accordance with Article 61(1) of the Control Regulation.
1.The aim of the control plan shall be to minimise the risk of non-compliance with the rules of the Common Fisheries Policy, when a Member State permits fisheries products to be weighed after transport from the place of landing to a destination on the territory of that Member State.U.K.
2.The size of the sample shall be determined on the basis of the risk of non-compliance with the rules of the Common Fisheries Policy (CFP) associated with the permitted weighing of fisheries products after transport.U.K.
3.Member States shall define risk at the following levels ‘very low’, ‘low’, ‘medium’, ‘high’ and ‘very high’.U.K.
4.In establishing the level of risk of non compliance with the rules of the Common Fisheries Policy, Member States shall take account of all relevant criteria. These shall include, but not be limited to:U.K.
the levels of landings of fisheries products which are weighed after transport from the place of landing,
levels of previously detected infringements associated with landings of fisheries products weighed after transport from the place of landing,
known levels of transport controls,
availability of quota for those fishing vessels making landings which are weighed after transport from the place of landing,
use of standardized boxes by the vessels which are the provenance of the fisheries products.
As appropriate:
fluctuation of market price levels for the landed fisheries products,
risk of fraud at port/location/region.
5.Control plans shall include, but not be limited to.U.K.
A programme of inspections of fisheries products where they are transported from the places of landing for weighing at other destinations on the territory of the Member State.
Provisions regarding the availability of transport documents in accordance with Article 68 of the Control Regulation.
Provisions regarding the verification of details of fisheries products transported with respect to data of the prior notification submitted in accordance with Article 17 of the Control Regulation, by the master of the fishing vessel landing the fisheries products.
Provisions regarding the integrity and details of seals placed on vehicles or containers used to transport such fisheries products in accordance with Article 109 of this Regulation.
Provisions for cross checking the fishing logbook and transport document data against the records of weighing at the destination where they are weighed.
Sample weighing of the fisheries products, in the presence of officials of the competent authorities at the destination where weighing prior to first marketing takes place. Sample sizes shall be proportionate to the assessed levels of risk. Where appropriate, Member States may incorporate the use of standardized boxes into the sample weighing procedures.
6.Where fisheries products are held in standardized boxes, a number of boxes shall be sample weighed in the presence of officials of the competent authorities of the Member State. The number of boxes sample weighed shall be proportionate to the assessed risk level. Preferably, Member States shall indicate the number of boxes to be weighed by means of tables for the different risk levels, as in the example below:U.K.
| Number of boxes landed by species | Number of boxes to be weighed subject to risk level | ||||
|---|---|---|---|---|---|
| Very Low | Low | Medium | High | Very High | |
| 0-25 | 1 | 1 | 1 | 1 | 2 |
| 25-50 | 1 | 2 | 3 | 4 | 5 |
| 50-100 | 1 | 3 | 4 | 5 | 6 |
| 100-200 | 2 | 4 | 5 | 6 | 7 |
| Every additional 100 | 1 | 1 | 2 | 3 | 4 |
7.The control plan shall include measures to ensure that the sample weighing is carried out.U.K.
8.Any risk analysis, data assessment, validation procedure, audit procedure, or other documents supporting the establishment and further amendments of the control plan shall be documented and made available for audits and inspection.U.K.
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