02009R1010 — EN — 27.03.2020 — 005.001
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COMMISSION REGULATION (EC) No 1010/2009 of 22 October 2009 (OJ L 280 27.10.2009, p. 5) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 26 |
1 |
30.1.2010 |
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L 115 |
1 |
8.5.2010 |
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L 57 |
10 |
2.3.2011 |
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COMMISSION IMPLEMENTING REGULATION (EU) No 1222/2011 of 28 November 2011 |
L 314 |
2 |
29.11.2011 |
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COMMISSION IMPLEMENTING REGULATION (EU) No 336/2013 of 12 April 2013 |
L 105 |
4 |
13.4.2013 |
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COMMISSION IMPLEMENTING REGULATION (EU) No 865/2013 of 9 September 2013 |
L 241 |
1 |
10.9.2013 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2020/423 of 19 March 2020 |
L 84 |
15 |
20.3.2020 |
COMMISSION REGULATION (EC) No 1010/2009
of 22 October 2009
laying down detailed rules for the implementation of Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing
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
Article 3
Procedures and forms for pre-landing and pre-transhipment declarations
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:
the official language of the Member State of landing or transhipment; or
English if accepted by the Member State of 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:
the species concerned are subject to a management or recovery plan;
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 );
the fishing vessel has not been controlled at port in the port Member State in the last 3 months;
the fishing vessel has not been controlled by the port Member State in the last 6 months;
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 );
importation, exportation or trade in fishery products obtained from species of high commercial value;
introduction of new kinds of fishery products or discovery of new trade patterns;
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;
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;
trade pattern not justified in terms of economic criteria;
involvement of a newly established operator;
significant and sudden increase in trade volume for a certain species;
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;
prior notification, required under Article 6 of Regulation (EC) No 1005/2008, not transmitted at the proper time or information incomplete;
inconsistencies between catch data declared by the operator and other information available to the competent authority;
vessel or vessel owner suspected of being or having been involved in IUU fishing activities;
vessel having recently changed name, flag or registration number;
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);
presumed deficiencies in the control system of a flag State;
operators concerned who have already been involved in illegal activities constituting a potential risk in respect of IUU fishing;
the fishing vessel has been denied entry or use of port in accordance with the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, concluded in the framework of the Food and Agriculture Organisation of the United Nations (FAO).
In respect of points (c) and (d) of the first paragraph, Member States shall without delay report to the Commission the name and the flag of the third country vessel inspected and the date of inspection. The Commission shall make this information available to other Member States.
Article 5
Reporting on the application of benchmarks
TITLE II
CATCH CERTIFICATION SCHEME FOR IMPORTATION AND EXPORTATION OF FISHERY PRODUCTS
CHAPTER I
Catch certificates
Article 6
Simplified catch certificate
This Article shall apply to third country fishing vessels:
with an overall length of less than 12 metres without towed gear; or
with an overall length of less than 8 metres with towed gear; or
without a superstructure; or
of less than measured 20 GT.
Article 7
Recognised catch documentation schemes in RFMOs
Article 8
Deadline for the submission of catch certificates
By way of derogation from Article 16(1) of Regulation (EC) No 1005/2008, the submission of catch certificates for imports of fishery products in consignments by means of transportation referred to in Annex VI to this Regulation shall be subject to the shorter deadlines set out in that Annex.
CHAPTER II
Approved economic operators
Article 9
General provisions
Economic operators may, following an application, be granted a certificate of approved economic operator (hereinafter referred to as APEO certificate) for the purposes of Article 16 of Regulation (EC) No 1005/2008 only if they:
hold an authorised economic operator certificate (hereinafter referred to as AEO certificate) in accordance with Commission Regulation (EEC) No 2454/93 ( 3 ) (hereinafter referred to as the Implementing Rules of the Community Customs Code); and
fulfil the criteria laid down in Article 16(3)(a) to (g) of Regulation (EC) No 1005/2008 and detailed in Articles 10 to 13 of this Regulation.
Article 10
Sufficient import
Article 11
Record of compliance
The record of compliance with the requirements of conservation and management measures referred to in Article 16(3)(c) of Regulation (EC) No 1005/2008 shall be considered as appropriate if, over the last three years preceding the submission of the application, the applicant:
has not committed a serious infringement of the rules of the common fisheries policy;
has not committed repeated infringements of the rules of the common fisheries policy;
has not directly or indirectly participated in or supported activities of vessels or operators engaged in IUU fishing or which are currently subject to investigation in that respect; and
has not directly or indirectly participated in or supported activities of vessels included in IUU vessel lists adopted by a RFMO.
Notwithstanding paragraph 1, the record of compliance with the requirements of conservation and management measures may be considered as appropriate if the competent Member State authority considers an infringement committed by the applicant:
not to be serious; and
of negligible quantitative importance in relation to the number or size of the import-related operations carried out by the applicant.
Article 12
Management of records
The system of managing catch certificates and, where appropriate, processing records, as referred to in Article 16(3)(d) of Regulation (EC) No 1005/2008, shall be considered satisfactory if it ensures:
the handling of catch certificates connected to the trade in fisheries products;
the archiving of the applicant’s records and information; and
the protection against the loss of information.
Article 13
Facilities
The applicant’s facilities, as referred to in Article 16(3)(e) of Regulation (EC) No 1005/2008, shall be considered appropriate if they:
prevent unauthorised access to storage areas, shipping areas, loading docks and cargo areas;
ensure the handling of fishery products including protection against tampering with cargo units;
ensure the handling of import and/or export licenses connected to prohibitions and restrictions and to distinguish fishery products subject to catch certificates from fishery products not subject to catch certificates.
Article 14
Submission of the application
Article 15
Inadmissibility of applications
The application referred to in Article 14 shall be inadmissible in the following cases:
where the application does not comply with Article 14; or
where the application is submitted within three years after the withdrawal of the APEO certificate referred to in points (a), (b) and (d) of Article 27(1).
Article 16
Examination of application
In cases where the applicant has previously been granted the status of approved economic operator in another Member State, the issuing authority shall examine whether the following criteria are met:
the criteria set out in Articles 12 and 13;
optionally, the criteria set out in Articles 10 and 11.
Article 17
Consultation of other Member States
Article 18
Issuing of an APEO certificate
Article 19
Rejection of an application
Article 20
Verifications
Article 21
General provisions
A reassessment of the compliance with the criteria referred to in Articles 9 to 13 shall be carried out by the issuing authority in the following cases:
major changes to the relevant Community legislation;
reasonable indication that the relevant criteria are no longer met by the approved economic operator.
Article 22
Suspension of the status of an approved economic operator
The status of approved economic operator shall be suspended by the issuing authority in the following cases:
where non-compliance with the criteria laid down in Articles 9 to 13 has been detected;
where the competent Member State authorities have sufficient reason to believe that an act has been perpetrated by the approved economic operator, which gives rise to legal proceedings and is linked to an infringement of the rules of the common fisheries policy or of Regulation (EC) No 1005/2008;
where the status of the authorised economic operator has been suspended in accordance with the Implementing Rules of the Community Customs Code;
where the suspension is requested by the approved economic operator which is temporarily unable to meet any of the criteria laid down in Articles 9 to 13.
Article 23
Suspension in the case of non-compliance with relevant criteria
Article 24
Suspension in case of legal proceedings
Article 25
Suspension related to the status of authorised economic operator
In the case referred to in point (c) of Article 22(1), the issuing authority shall suspend the status of the approved economic operator until the suspension of the status of authorised economic operator has been withdrawn. It shall notify the approved economic operator thereof. It shall also notify the competent authorities of the other Member States.
Article 26
Suspension upon request
Article 27
Withdrawal of the APEO certificate
The APEO certificate shall be withdrawn in the following cases:
where the approved economic operator fails to take the necessary measures to comply with the criteria laid down in Articles 9 to 13 in accordance with Article 23(3);
where it has been established that a serious infringement or repeated infringements related to the rules of the common fisheries policy or of Regulation (EC) No 1005/2008 have been committed by the approved economic operator and there is no further right of appeal;
where the approved economic operator fails to take the necessary measures to comply with the criteria laid down in Articles 9 to 13 in accordance with Article 26;
where the status of authorised economic operator, granted in accordance with the Implementing Rules of the Community Customs Code, has been withdrawn;
upon request of the approved economic operator.
Article 28
Information requests
Article 29
Sharing of information on approved economic operators
The Commission and the competent authorities in all Member States shall store for a period of three years or longer in accordance with national rules, and have access to the following information:
the electronically transmitted data of the applications;
the APEO certificates, and where applicable, their amendment or withdrawal of those certificates, or the suspension of the status of approved economic operator.
Article 30
Reporting obligations and evaluation
CHAPTER III
Verifications related to catch certificates
Article 31
Community criteria for verifications
Verifications intended to ensure that the provisions of Regulation (EC) No 1005/2008 are complied with, as referred to in Article 17 of that Regulation, shall be focused towards risks identified on the basis of the following Community criteria:
importation, exportation or trade in fishery products obtained from species of high commercial value;
introduction of new kinds of fishery products or discovery of new trade patterns;
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;
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;
trade pattern not justified in terms of economic criteria;
involvement of a newly established operator;
significant and sudden increase in trade volume for a certain species;
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;
prior notification, required under Article 6 of Regulation (EC) No 1005/2008, not transmitted at the proper time or information incomplete;
inconsistencies between catch data declared by the operator and other information available to the competent authority;
vessel or vessel owner suspected of being or having been involved in IUU fishing activities;
vessel having recently changed name, flag or registration number;
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);
presumed deficiencies in the control system of a flag State;
operators concerned who have already been involved in illegal activities constituting a potential risk in respect of IUU fishing.
Article 32
Reporting obligations and evaluation
CHAPTER IV
Cooperation with third countries
Article 33
Administrative cooperation with third countries concerning catch certificates
TITLE III
SIGHTINGS
Article 34
Form for submission of information regarding sighted fishing vessels
TITLE IV
MUTUAL ASSISTANCE
CHAPTER I
General provisions
Article 35
Scope
Article 36
Protection of personal data
Article 37
Use of information and protection of professional and commercial secrecy
Information communicated in any form to persons working for national public authorities and the Commission shall be covered by duties of confidentiality and professional secrecy if their disclosure would undermine
the protection of the privacy and the integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data;
the commercial interests of a natural or legal person, including intellectual property;
court proceedings and legal advice; or
the purpose of inspections or investigations.
Article 38
Costs
Member States shall bear their own costs of executing a request for assistance and shall waive all claims for the reimbursement of expenses incurred in applying this Title.
Article 39
Single authority
Article 40
Follow-up measures
CHAPTER II
Information without prior request
Article 41
Information without prior request
CHAPTER III
Requests for assistance
Article 42
Definitions
For the purposes of this Title ‘request for assistance’ means a request addressed by one Member State to another Member State for:
information;
enforcement measures; or
administrative notification.
Article 43
General requirements
Article 44
Transmission of requests and replies
Article 45
Requests for information
Article 46
Requests for enforcement measures
Article 47
Deadline for replies to requests for information and enforcement measures
Article 48
Requests for administrative notification
CHAPTER IV
Relations with the Commission
Article 49
Communication between the Member States and the Commission
Article 50
Coordination by the Commission
For the purposes of paragraph 1, operations which constitute IUU fishing or serious infringements referred to in Article 42(1)(b) and (c) of Regulation (EC) No 1005/2008 shall be deemed to be of particular relevance at Community level especially where:
they have, or might have, connections in other Member States; or
it appears likely to the Member State that similar operations have also been carried out in other Member States.
CHAPTER V
Relations with third countries
Article 51
Information exchange with third countries
CHAPTER VI
Transitional provision
Article 52
Establishment of an IUU Fishing Information System
Pending the establishment of the ‘IUU Fishing Information System’, as referred to in Article 51(2) of Regulation (EC) No 1005/2008, the competent authorities of the Member States shall cooperate under this title with each other and the Commission through existing information arrangements.
TITLE V
AMENDMENTS
Article 53
Amendments to Regulation (EC) No 1005/2008
Annex I of Regulation (EC) No 1005/2008, containing the list of products excluded from the definition of ‘fisheries products’ in Article 2(8) of that Regulation is amended as set out in Annex XIII to this Regulation.
TITLE VI
FINAL PROVISIONS
Article 54
Entry into force
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Prior notification period for certain types of fishery products referred to in Article 1
Four-hour prior notification period
Landings of fresh fishery products by fishing vessels into designated Community ports.
ANNEX IIA
Form for prior notification for third country fishing vessels referred to in Article 2(1)