6.1.2017   

EN

Official Journal of the European Union

L 3/34

(1)

Commission Implementing Decision 2013/328/EU (2) establishes a specific control and inspection programme for fisheries exploiting cod, plaice and sole in the Kattegat, the North Sea, the Skagerrak, the eastern Channel, the waters west of Scotland and the Irish Sea.

(2)

Regulation (EU) No 1380/2013 of the European Parliament and of the Council (3) establishes a landing obligation for pelagic and demersal fisheries in order to reduce the current high levels of unwanted catches and to gradually eliminate discards. Details for the implementation of the landing obligation are laid down in Commission Delegated Regulation (EU) No 1395/2014 (4) and Commission Delegated Regulation (EU) 2015/2440 (5). Compliance with the landing obligation should be controlled and inspected.

(3)

In addition to the fisheries of sole, plaice and cod in the North Sea covered by Implementing Decision 2013/328/EU, which should continue to be covered by a specific control and inspection programme, the fisheries defined in the annex to the discard plans referred to in Delegated Regulation (EU) No 1395/2014 and Delegated Regulation (EU) 2015/2440 should also be included in the specific control and inspection programme in order to enable Member States concerned to undertake efficiently and effectively joint inspection and surveillance activities.

(4)

On the basis of the results of the Member States' risk assessment carried out in respect of each of the fisheries covered by the discard plans, the overall inspection benchmarks laid down by the present specific control and inspection programme have to be implemented by the Member States.

(5)

In order to take into account the regional specificities and the need to harmonise and increase the effectiveness of the control and inspection procedures, the present specific control and inspection programme covers the Union Waters of the North Sea as defined in Regulation (EU) No 1380/2013 (ICES zone IIIa, i.e. including the Kattegat and the Skagerrak and ICES zone IV), as well as Union waters of ICES Division IIa.

(6)

The present specific control and inspection programme covers certain demersal species and fisheries in the Union waters of the North Sea and in Union waters of ICES Division IIa, and certain pelagic fisheries in the Union waters of the North Sea (ICES Area IIIa and IV) and in Union waters of ICES Division IIa. Commission Implementing Decision 2012/807/EU (6), as amended by Implementing Decision 2015/1944/EU (7), establishes a specific control and inspection programme for pelagic fisheries in the western waters of the north-east Atlantic and in the northern North Sea (ICES Area IVa). It is therefore appropriate to align the scope of Implementing Decision 2012/807/EU with the present Decision.

(7)

Council Regulation (EC) No 850/98 (8) and in particular Title IIIa thereof establishes measures to reduce discarding. The specific control and inspection programme should ensure compliance with the prohibition of highgrading, the moving-on provisions and the prohibition on slipping.

(8)

The measures provided for in this Decision are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

(1)

The title is replaced by the following:

‘Commission Implementing Decision of 25 June 2013 establishing a specific control and inspection programme for certain demersal and pelagic fisheries in the Union waters of the North Sea and in the Union waters of ICES Division IIa’.

(2)

Article 1 is replaced by the following:

‘Article 1

Subject matter

This Decision establishes a single specific control and inspection programme applicable to the fisheries exploiting cod, sole, plaice in the Union waters of ICES zones IIIa and IV, and certain fisheries exploiting mackerel, herring, horse mackerel, blue whiting, argentine, sprat; sand eel, and Norway pout; cod, haddock, whiting, saithe, Norway lobster, common sole, plaice, hake, Northern prawn, in the Union waters of ICES zones IIIa and IV and in the Union waters of ICES Division IIa (“Areas concerned”)’.

(3)

In Article 2, the following paragraph 1a is inserted:

‘1a.   The specific control and inspection programme shall apply to:

(*1)  Commission Delegated Regulation (EU) No 1395/2014 of 20 October 2014 establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea (OJ L 370, 30.12.2014, p. 35)."

(*2)  Commission Delegated Regulation (EU) 2015/2440 of 22 October 2015 establishing a discard plan for certain demersal fisheries in the North Sea and in Union waters of ICES Division IIa (OJ L 336, 23.12.2015, p. 42).’"

(4)

Article 3 is amended as follows:

(5)

In Article 4, paragraph 2 is replaced by the following:

‘2.   Each fishing vessel, group of fishing vessels, fishing gear category, operator, and/or fishing-related activity, for each fishery and stocks referred to in Article 2(1a), shall be subject to control and inspection according to the level of priority attributed pursuant to paragraph 3.’

(6)

Article 5 is replaced by the following:

‘Article 5

Procedures for risk assessment

1.   Member States concerned shall assess risks with regard to the stocks and area(s) listed in Article 1 according to the methodology established in cooperation with the European Fisheries Control Agency (EFCA).

2.   The risk assessment methodology referred to in paragraph 1 shall provide that the Member State concerned:

3.   Member States concerned shall establish and regularly update a list of their vessels indicating, at least the high and very high risk vessels. The up-to date list of vessels graded by risks shall be used during the relevant joint deployment plan campaigns.

4.   In cases where a fishing vessel flying the flag of a Member State which is not a Member State concerned, or a third country fishing vessel, operates in the area(s) referred to in Article 1, it shall be attributed a level of risk in accordance with paragraph 2. In the absence of information and unless its flag authorities provide, in the framework of Article 9, the results of their own risk assessment performed according to Article 4(2) and to paragraph 3 leading to a different risk level, it shall be considered as a “very high” risk level fishing vessel.’

(7)

Article 7(1) is replaced by the following:

‘1.   In the framework of a joint deployment plan, where applicable, each Member State concerned shall communicate to the EFCA the results of its risk assessment carried out in accordance with Article 5(2) and, in particular, a list of estimated levels of risk with corresponding targets for inspection.’

(8)

Article 8 is amended as follows:

(9)

Annex I is deleted.

(10)

Annex II is replaced by the text in Annex I to this Decision.

(11)

Annex IV is replaced by the text in Annex II to this Decision.

(1)

The title is replaced by the following:

‘Commission Implementing Decision of 19 December 2012 establishing a specific control and inspection programme for pelagic fisheries in western waters of the north-east Atlantic’.

(2)

Article 1 is replaced by the following:

‘Article 1

Subject matter

This Decision establishes a specific control and inspection programme applicable to the stocks of mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine and sprat in EU waters of ICES sub-areas V, VI, VII, VIII and IX and in EU waters of CECAF 34.1.11 (hereafter referred to as “Western Waters”).’

(3)

In Article 3(2), point (b) is replaced by the following:

(4)

Article 5 is replaced by the following:

‘Article 5

Procedures for risk assessment

1.   Member States concerned shall assess risks with regard to the stocks and area(s) listed in Article 1 according to the methodology established in cooperation with the European Fisheries Control Agency (EFCA).

2.   The risk assessment methodology referred to in paragraph 1 shall provide that the Member State concerned:

3.   Member States concerned shall establish and regularly update a list of their vessels indicating, at least the high and very high risk vessels. The up-to date list of vessels graded by risks shall be used during the relevant joint deployment plan campaigns.

4.   In cases where a fishing vessel flying the flag of a Member State which is not a Member State concerned, or a third country fishing vessel, operates in the area(s) referred to in Article 1, it shall be attributed a level of risk in accordance with paragraph 2. In the absence of information and unless its flag authorities provide, in the framework of Article 9, the results of their own risk assessment performed according to Article 4(2) and to paragraph 3 leading to a different risk level, it shall be considered as a “very high” risk level fishing vessel.’

(5)

Article 7(1) is replaced by the following:

‘1.   In the framework of a joint deployment plan, where applicable, each Member State concerned shall communicate to the EFCA the results of its risk assessment carried out in accordance with Article 5(2) and, in particular, a list of estimated levels of risk with corresponding targets for inspection.’