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12.2.2013 Official
Journal
of
the
European
Union L
41/11
DECISIONS
COMMISSION IMPLEMENTING DECISION
of 8 February 2013
on the approval by the Commission of sampling plans, control plans and common control
programmes for the weighing of fisheries products in accordance with Articles 60 and 61 of
Council Regulation (EC) No 1224/2009
(notified under document C(2013) 613)
(Only the Bulgarian, Dutch, English, French, Latvian, Slovenian and Swedish texts are authentic)
(2013/78/EU)
THE EUROPEAN COMMISSION,
way of derogation from the general weighing obligation
established in Article 60(1) of Regulation (EC) No
1224/2009, provided that Member State has adopted a
sampling plan approved by the Commission, as referred
Having regard to the Treaty on the Functioning of the European
to in Article 60(1) of Regulation (EC) No 1224/2009.
Union,
Such sampling plan must comply with the risk-based
methodology set out in Article 76(1) of and Annex XX
to Implementing Regulation (EU) No 404/2011.
Having regard to Council Regulation (EC) No 1224/2009 of
20 November 2009 establishing a Community control system
for ensuring compliance with the rules of the common fisheries
policy, amending Regulations (EC) No 847/96, (EC) No
(3) Pursuant
to
Article
61(1)
of
Regulation
(EC)
No
2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No
1224/2009, a Member State may permit fisheries
2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No
products to be weighed after transport from the place
509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No
of landing if they are transported to a destination on the
1300/2008, (EC) No 1342/2008 and repealing Regulations
territory of the Member State concerned, provided that
(EEC) No 2847/93, (EC) No 1627/94 and (EC) No
Member State has adopted a control plan approved by
1966/2006 ( 1 ), and in particular Article 60(1) and (3) and
the Commission. Such plan must comply with the risk-
Article 61 thereof,
based methodology set out in Article 77(1) of and Annex
XXI to Implementing Regulation (EU) No 404/2011.
Having regard to the submission of sampling plans, control
plans and common control programmes by Member States,
(4) Pursuant
to
Article
61(2)
of
Regulation
(EC)
No
1224/2009, the control authorities of the Member
State in which the fisheries products are landed may
Whereas:
permit the transport before weighing of those products
to registered buyers, registered auctions or other bodies
of persons which are responsible for the first marketing
of fisheries products in another Member State, provided
(1) Pursuant
to
Article
60(1)
and
(2)
of
Regulation
(EC)
No
the Member States concerned have adopted a common
1224/2009, a Member State is to ensure that all fisheries
control programme approved by the Commission, as
products are weighed on landing, prior to the fisheries
referred to in Article 94 of Regulation (EC) No
products being held in storage, transported or sold, on
1224/2009. Such programme must comply with the
systems approved by the control authorities, unless that
risk-based methodology set out in Article 77(3) of and
Member State has adopted a sampling plan approved by
Annex XXII to Implementing Regulation (EU) No
the Commission. Such sampling plan must be in
404/2011.
accordance with the risk-based methodology set out in
Article 76(1) of and Annex XIX to Commission Imple
menting Regulation (EU) No 404/2011 ( 2 ).
(5) The
Commission
approved,
by
Implementing
Decision
2012/474/EU ( 3 ), a first group of sampling plans
(2) Pursuant
to
Article
60(3)
of
Regulation
(EC)
No
adopted by Germany, Ireland, Lithuania, the Netherlands,
1224/2009, a Member State may permit fisheries
Poland, Finland and the United Kingdom and of control
products to be weighed on board the fishing vessel by
plans adopted by Germany, Estonia, Ireland, Poland,
Finland and the United Kingdom.
( 1 ) OJ L 343, 22.12.2009, p. 1.
( 2 ) OJ L 112, 30.4.2011, p. 1.
( 3 ) OJ L 218, 15.8.2012, p. 17.

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L 41/12
EN
Official Journal of the European Union
12.2.2013
(6) Since the adoption of Implementing Decision
3. The
sampling
plans
submitted
respectively
on
14
June
2012/474/EU, sampling plans have been submitted by
2012 and 20 April 2012 by Slovenia and Sweden for the
Bulgaria, Latvia, Slovenia and by Sweden, respectively
weighing of fisheries products on board the fishing vessel, as
on 5 October 2012, 5 April 2012, 14 June 2012 and
referred to in Article 60(3) of Regulation (EC) No 1224/2009,
20 April 2012, a control plan has been submitted to the
are approved.
Commission by France on 14 September 2012 and a
common control programme has been submitted by
4. The
control
plan
submitted
on
14
September
2012
by
France and Ireland on 14 September 2012. The
France for the weighing of fisheries products after transport to a
Netherlands have submitted a new sampling plan on
destination on the territory of that Member State, as referred to
27 September 2012 to replace the plan approved by
in Article 61(1) of Regulation (EC) No 1224/2009, is approved.
Implementing Decision 2012/474/EU. Those sampling
plans, that control plan and that common control
5. The common control programme submitted on
programme are in line with the relevant risk-based
14 September 2012 by France and Ireland for the weighing
methodologies. They should therefore be approved.
of fisheries products after transport to a destination to
another Member State, as referred to in Article 61(2) of Regu
(7) The
Commission
should
be
in
a
position
to
revoke
the lation (EC) No 1224/2009, is approved.
approval if it appears that the Member State concerned
does not apply or not fully apply the sampling plans, the
Article 2
control plan or the common control programme.
Revocation
(8) The
Commission
will
monitor
the
application
of
the The Commission may revoke the approval referred to in
sampling plans, the control plan and common control
Article 1 if it appears that the Member State concerned does
programme both with respect to their effective operation
not apply or not fully apply its sampling plan, control plan or
as well as to their regular review by the Member State
common control programme.
concerned. For that reason Member States should report
to the Commission on the application of these plans. If it
Article 3
appears that such a plan or programme does not ensure
Report
adequate weighing, the Member State concerned should
submit a revised plan or programme to the Commission
The Member States referred to in Article 1 shall transmit to the
for approval,
Commission, before 1 April 2014, a report on the application
of the sampling plans, the control plan and the common
HAS ADOPTED THIS DECISION:
control programme referred to in that Article.
Article 4
Article 1
Addressees
Approval
This Decision is addressed to the Republic of Bulgaria, Ireland,
1. The
sampling
plans
submitted
respectively
on
5
October the French Republic, the Republic of Latvia, the Kingdom of the
2012, 5 April 2012 and 20 April 2012 by Bulgaria, Latvia and
Netherlands, the Republic of Slovenia and the Kingdom of
Sweden for the purposes of Article 60(1) of Regulation (EC) No
Sweden.
1224/2009 are approved.
2. The
sampling
plan
submitted
on
27
September
2012
by
the Netherlands for the weighing of fisheries products on board
Done at Brussels, 8 February 2013.
the fishing vessel, as referred to in Article 60(3) of Regulation
(EC) No 1224/2009, is approved. That sampling plan shall
For the Commission
replace the sampling plan submitted by the Netherlands on
18 January 2012 and approved by Implementing Decision
Maria DAMANAKI
2012/474/EU.
Member of the Commission

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Document Outline

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