委员会实施决定2012/807/EU,为东北大西洋西部海域的远洋渔业制定具体的控制和检查程序
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32012D0807
OJ编号:OJ L 350, 20.12.2012, p. 99-108
中文标题:委员会实施决定2012/807/EU,为东北大西洋西部海域的远洋渔业制定具体的控制和检查程序
原文标题:2012/807/EU: 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
分类:04.10.30.20_其它保留措施
文件类型:二级立法 Decision|决定
生效日期:2012-12-23
废止日期:2058-12-31
法规全文:查看欧盟官方文件
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20.12.2012 Official
Journal
of
the
European
Union L
350/99
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
(2012/807/EU)
THE EUROPEAN COMMISSION,
are to be subject to a specific control and inspection
programme. Such a specific control and inspection
programme has to state the objectives, priorities and
procedures as well as benchmarks for inspection activities
to be established on the basis of risk management and to
Having regard to the Treaty on the Functioning of the European
be revised periodically after an analysis of the achieved
Union,
results. Member States concerned are obliged to adopt
the necessary measures to ensure the implementation
of the specific control and inspection programme,
particularly as regards required human and material
resources and the periods and zones where these are to
Having regard to the Council Regulation (EC) No 1224/2009 of
be deployed.
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 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
(4) Article
95(2)
of
Regulation
(EC)
No
1224/2009
provides
1300/2008, (EC) No 1342/2008 and repealing Regulations
that the specific control and inspection programme states
(EEC) No 2847/93, (EC) No 1627/94 and (EC) No
benchmarks for inspections activities that are to be estab
1966/2006 (
lished on the basis of risk management. For this purpose,
1 ), and in particular Article 95 thereof,
it is appropriate to lay down common risk assessment
and management criteria for checking, inspection and
verification activities in order to allow timely risk
analyses and global assessments of relevant control and
Whereas:
inspection information. The common criteria aim at
ensuring a harmonised approach to inspection and verifi
cation in all Member States and establishing a level
playing field for all operators.
(1) Regulation
(EC)
No
1224/2009
applies
to
all
activities
covered by the common fisheries policy carried out on
the territory of Member States or in Union waters or by
Union fishing vessels or, without prejudice to the
(5) The
specific
control
and
inspection
programme
should
primary responsibility of the flag Member State, by
be established for the period from 1 January 2013 to
nationals of Member States, and lays down in particular
31 December 2015 and should be implemented by
that Member States shall ensure that control, inspection
Denmark, Estonia, France, Germany, Ireland, Latvia,
and enforcement are carried out on a non-discriminatory
Lithuania, the Netherlands, Poland, Portugal, Spain and
basis as regards sectors, vessels or persons, and on the
the United Kingdom.
basis of risk management.
(2) Council
Regulation
(EC)
No
1300/2008
of
18
December (6) Article
98(1)
and
(3)
of
Commission
Implementing
Regu
2008 establishing a multi-annual plan for the stock of
lation (EU) No 404/2011 ( 3 ) foresees that, without
herring distributed to the west of Scotland and the
prejudice to provisions contained in multi-annual plans,
fisheries exploiting that stock
(
competent authorities of Member States have to adopt a
2 ), lays down the
conditions for the sustainable exploitation of herring.
risk based approach for the selection of targets for
inspection, using all available information and, subject
to a risk based control and enforcement strategy, carry
out the necessary inspection activities in an objective way
in order to prevent the retention on board, transhipment,
(3) Article
95
of
Regulation
(EC)
No
1224/2009
foresees
the
landing, processing, transport, storage, marketing and
possibility for the Commission to determine, in concert
stocking of fishery products originating from activities
with the Member States concerned, the fisheries which
that are not in compliance with the rules of the
Common Fisheries Policy.
( 1 ) OJ L 343, 22.12.2009, p. 1.
( 2 ) OJ L 344, 20.12.2008, p. 6.
( 3 ) OJ L 112, 30.4.2011, p. 1.
L 350/100
EN
Official Journal of the European Union
20.12.2012
(7) The
European
Fisheries
Control
Agency
set
up
by HAS ADOPTED THIS DECISION:
Council Regulation (EC) No 768/2005 ( 1 ) (hereafter
referred to as ‘EFCA’) has to coordinate the implemen
tation of the specific control and inspection programme
CHAPTER I
through a joint deployment plan, which gives effect to
GENERAL PROVISIONS
the objectives, priorities, procedures and benchmarks for
inspection activities determined in the specific control
Article 1
and inspection programme, and identifies the means of
control and inspection which could be pooled by each
Subject matter
Member State concerned. Relations between procedures
This Decision establishes a specific control and inspection
defined by the specific control and inspection
programme applicable to the stocks of herring, mackerel,
programme and those defined by the joint deployment
horse mackerel, anchovy and blue whiting in EU waters of
plan, should therefore be clarified.
ICES sub-areas V, VI, VII, VIII and IX and in EU waters of
CECAF 34.1.11 (hereafter referred to as ‘Western Waters’).
Article 2
(8) In order to harmonise the control and inspection
procedures of the fishing activities on herring,
Scope
mackerel, horse mackerel, anchovy and blue whiting in
1. The specific control and inspection programme shall in
EU waters of ICES sub-areas V, VI, VII, VIII and IX and of
particular cover the following activities:
CECAF and to ensure the success of the multiannual plan
for the stock of herring distributed to the west of
Scotland, it is appropriate to draw up common rules
(a) fishing activities within the meaning of Article 4(1) of Regu
for the control and inspection activities to be carried
lation (EC) No 1224/2009 in the area(s) referred to in
out by the competent authorities of the Member States
Article 1;
concerned, including mutual access to relevant data. To
that end, target benchmarks should determine the
intensity of control and inspection activities.
(b) fishing related activities, including the weighing, processing,
marketing, transport and storage of fisheries products;
(c) importation as defined in Article 2(11) of Council Regu
lation (EC) No 1005/2008 (
(9) Joint
inspection
and
surveillance
activities
between
2 );
Member States concerned should be carried out, where
applicable, in accordance with joint deployment plans
(d) exportation as defined in Article 2(13) of Regulation (EC)
established by the EFCA so as to enhance uniformity
No 1005/2008.
of control, inspection and surveillance practices and
help develop the coordination of control, inspection
and surveillance activities between the competent auth
2. The
specific
control
and
inspection
programme
shall
apply
orities of those Member States.
until 31 December 2015.
3. The
specific
control
and
inspection
programme
shall
be
implemented by Denmark, Estonia, France, Germany, Ireland,
(10) The
results obtained through the application of the
Latvia, Lithuania, the Netherlands, Poland, Portugal, Spain and
specific control and inspection programme should be
the United Kingdom (hereafter referred to as ‘Member States
assessed by means of annual evaluation reports to be
concerned’).
communicated by each Member State concerned to the
Commission and to the EFCA.
CHAPTER II
OBJECTIVES, PRIORITIES, PROCEDURES AND BENCHMARKS
Article 3
(11) The
measures
provided
for
in
this
Decision
have
been
established in concert with the Member States concerned.
Objectives
This Decision should therefore be addressed to these
1. The specific control and inspection programme shall
Member States.
ensure the uniform and effective implementation of conser
vation and control measures applicable to stocks referred to
in Article 1.
(12) The
measures provided for in this Decision are in
2. Control
and
inspection
activities
carried
out
under
the
accordance with the opinion of the Committee for
specific control and inspection programme shall in particular
Fisheries and Aquaculture,
aim at ensuring compliance with the following provisions:
( 1 ) OJ L 128, 21.5.2005, p. 1.
( 2 ) OJ L 286, 29.10.2008, p. 1.
EN
20.12.2012 Official
Journal
of
the
European
Union L
350/101
(a) fishing opportunities management and any specific
4. In case where a fishing vessel flying the flag of a Member
conditions associated therewith, including the monitoring
State which is not a Member State concerned, or a third country
of quota uptake and effort regime in areas referred to in
fishing vessel, operates in the area(s) referred to in Article 1, it
Article 1;
shall be attributed a level of risk in accordance with paragraph
3. 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
(b) reporting obligations applicable to fishing activities in
paragraph 3 leading to a different risk level, it shall be
Western Waters, in particular the reliability of the
considered as a ‘very high’ risk level fishing vessel.
information recorded and reported;
(c) provisions on the high grading ban;
Article 6
Risk management strategy
(d) the special rules for weighing of certain pelagic species
1. On
the
basis
of
its
risk
assessment,
each
Member
State
provided for in Articles 78 through 89 of Implementing
concerned shall define a risk management strategy focused on
Regulation (EU) No 404/2011.
ensuring compliance. Such strategy shall encompass the identi
fication, description and allocation of appropriate cost-effective
control instruments and inspection means, in relation to the
nature and the estimated level of each risk, and the achievement
Article 4
of target benchmarks.
Priorities
1. Member
States
concerned
shall
carry
out
control
and
inspection activities with respect to fishing activities by fishing
2. The
risk
management
strategy
referred
to
in
paragraph
1
vessels and fishing related activities by other operators on the
shall be coordinated at regional level through a joint
basis of a risk management strategy, in conformity with
deployment plan as defined in Article 2(c) of Regulation (EC)
Article 4, point (18), of Regulation (EC) No 1224/2009 and
No 768/2005.
Article 98 of Implementing Regulation (EU) No 404/2011.
2. Each fishing vessel, group of fishing vessels, fishing gear
Article 7
category, operator, and/or fishing related activity, for each stock
Relation with joint deployment plans procedures
referred to in Article 1, shall be subject to control and
inspections according to the level of priority attributed
1. In
the
framework
of
a
joint
deployment
plan,
where
appli
pursuant to paragraph 3.
cable, each Member State concerned shall communicate to the
EFCA the results of its risk assessment carried out in accordance
with Article 5(3) and, in particular, a list of estimated levels of
risk with corresponding targets for inspection.
3. Each
Member
State
concerned
shall
attribute
the
level
of
priority on the basis of the results of the risk assessment carried
out in accordance with the procedures laid down in Article 5.
2. Where
appropriate,
the
risk
levels
and
targets
lists
referred
to in paragraph 1 shall be updated by using information
Article 5
collected during joint inspection and surveillance activities.
The EFCA shall be informed immediately following completion
Procedures for risk assessment
of each update.
1. This
Article
shall
apply
to
Member
States
concerned
and,
for the sole purposes of application of paragraph 4, to all other
Member States.
3. The
EFCA
shall
use
information
received
from
Member
States concerned to coordinate the risk management strategy
at regional level, in accordance with Article 6(2).
2. Member
States
shall
assess
risks
with
regard
to
the
stocks
and area(s) covered, on the basis of the table set out in Annex I.
Article 8
3. The
risk
assessment
by
each
Member
State
shall
consider,
Target benchmarks
on the basis of past experience and using all available and
relevant information, how likely a non-compliance is to
1. Without
prejudice
to
target
benchmarks
defined
in
Annex
happen and, if it were to happen, the potential consequence(s).
I of Regulation (EC) No 1224/2009 and in Article 9(1) of
By combining these elements, each Member State shall estimate
Regulation (EC) No 1005/2008, the target benchmarks at
a level of risk (‘very low’, ‘low’, ‘medium’, ‘high’ or ‘very high’) for
Union level for ‘high’ and ‘very high’ risk level fishing vessels
each category for inspection referred to in Article 4(2).
and/or other operators are set out in Annex II.
L 350/102
EN
Official Journal of the European Union
20.12.2012
2. The target benchmarks for ‘very low’, ‘low’, and ‘medium’
surveillance activities in waters under their jurisdiction and,
risk level fishing vessels and/or other operators shall be
where appropriate, on their territory. Where applicable, such
determined by Member States concerned through the national
activities shall be carried out in the framework of joint
control action programmes referred to in Article 46 of Regu
deployment plans referred to in Article 9(1) of Regulation
lation (EC) No 1224/2009 and the national measures referred
(EC) No 768/2005.
to in Article 95(4) of Regulation (EC) No 1224/2009.
2. For
the
purpose
of
joint
inspection
and
surveillance
activ
3. By
way
of
derogation
from
paragraphs
1
and
2,
Member ities, each Member State concerned shall:
States may apply alternatively different target benchmarks,
expressed in terms of improved compliance levels, provided
that:
(a) ensure that officials from other Member States concerned
are invited to participate in joint inspection and surveillance
activities;
(a) a detailed analysis of the fishing activities or fishing related
activities and enforcement related issues justifies the need
for setting target benchmarks in the form of improved
(b) establish joint operational procedures applicable to their
compliance levels;
surveillance crafts;
(b) the benchmarks expressed in terms of improved compliance
(c) designate contact points referred to in Article 80(5) of
levels are notified to the Commission, and this latter does
Regulation (EC) No 1224/2009, where appropriate.
not object to them within 90 days, are not discriminatory,
and do not affect objectives, priorities and risk-based
procedures defined by the specific control and inspection
3. Officials
and
Union
inspectors
may
participate
in
joint
programme.
inspection and surveillance activities.
4. All
target
benchmarks
shall
be
assessed
annually
on
the
Article 11
basis of the evaluation reports referred to in Article 13(1) and,
where appropriate, be revised accordingly in the framework of
Exchange of data
the evaluation referred to in Article 13(4).
1. For
the
purpose
of
implementing
the
specific
control
and
inspection programme, each Member State concerned shall
ensure the direct electronic exchange of data referred to in
5. Where
applicable,
a
joint
deployment
plan
shall
give
effect Article 111 of Regulation (EC) No 1224/2009 and Annex XII
to target benchmarks referred to in this Article.
of Implementing Regulation (EU) No 404/2011 with other
concerned Member States and the EFCA.
CHAPTER III
IMPLEMENTATION
2. Data referred to in paragraph 1 shall be related to fishing
activities and fishing related activities carried out in the area(s)
Article 9
covered by the specific control and inspection programme.
Cooperation between Member States and with third
countries
Article 12
1. Member
States
concerned
shall
cooperate
in
the
imple
mentation of the specific control and inspection programme.
Information
1. Pending
the
full
implementation
of
Title
XII,
Chapter
III
of
Regulation (EC) No 1224/2009, and in accordance with the
2. Where appropriate, all other Member States shall format set out in Annex III of this Decision, each Member
cooperate with the Member States concerned.
State concerned shall communicate by electronic means to the
Commission and to the EFCA, by the 10 th day after each
quarter, the following information concerning the preceding
3. Member
States
may
cooperate
with
the
competent
auth
quarter:
orities of third countries for the implementation of the specific
control and inspection programme.
(a) the identification, date, and type of each control and/or
inspection operation carried out during the preceding
Article 10
quarter;
Joint inspection and surveillance activities
1. For the purpose of increasing the efficiency and effec
(b) the identification of each fishing vessel (Union fleet register
tiveness of their national fisheries control systems, Member
number), vehicle and/or operator (company name) subject
States concerned shall undertake joint inspection and
to a control and/or inspection;
EN
20.12.2012 Official
Journal
of
the
European
Union L
350/103
(c) where appropriate, the type of fishing gear inspected; and
2. The
evaluation
report
referred
to
in
paragraph
1
shall
at
least include the information listed in Annex IV. Member States
(d) in case where one or several serious infringements were
concerned may also include in their evaluation report other
detected:
actions such as training or information sessions designed to
have an impact on compliance by fishing vessels and other
(i) the type(s) of serious infringement(s);
operators.
(ii) the state of play concerning the follow-up of serious
3. The
EFCA,
for
its
annual
assessment
of
the
effectiveness
of
infringement(s) (e.g. case under investigation, pending,
joint deployment plans referred to in Article 14 of Regulation
under appeal); and
(EC) No 768/2005, shall take into consideration evaluation
reports referred to in paragraph 1.
(iii) the sanction(s) imposed as follow-up of serious
infringement(s): level of fines, value of forfeited fish
4. The
Commission
shall
convene
once
a
year
a
meeting
of
and/or gear, points assigned in accordance with
the Committee for fisheries and aquaculture to evaluate the
Article 126(1) of Implementing Regulation (EU) No
suitability, adequacy and effectiveness of the specific control
404/2011, and/or other type of sanctions.
and inspection programme and its overall impact on
compliance by fishing vessels and other operators, on the
2. Information referred to in paragraph 1 shall be basis of evaluation reports referred to in paragraph 1. Target
communicated for each control and/or inspection and shall
benchmarks set out in Annex II may be reviewed accordingly.
continue to be listed and updated in each report until the
action is concluded under the laws of the Member State
Article 14
concerned. Where no action is taken following the detection
This Decision shall enter into force on the third day following
of a serious infringement, an explanation shall be included.
that of its publication in the Official Journal of the European
Union.
Article 13
Evaluation
1. Each
Member
State
concerned
shall,
by
31
March
of
the Done at Brussels, 19 December 2012.
year following the relevant calendar year, send to the
Commission and the EFCA an evaluation report concerning
For the Commission
the effectiveness of the control and inspection activities
carried out under this specific control and inspection
The President
programme.
José Manuel BARROSO
L 350/104
EN
Official Journal of the European Union
20.12.2012
ANNEX I
PROCEDURES FOR RISK ASSESSMENT
Each fishing vessel, group of fishing vessels, fishing gear category, operator, and/or fishing related activity, in different
stocks and area(s) referred to in Article 1, shall be subject to control and inspections according to the level of priority
attributed. The level of priority shall be attributed depending on the results of the risk assessment carried out by each
Member State concerned, or by any other Member State for the sole purposes of application of Article 5(4), on the basis
of the following procedure:
Risk
Step in the
description
Indicator
fishery/
[depending on [depending on
marketing
Points to be considered
Occurrence
the risk/
the risk/
chain (When
[depending on the risk/
in the
Potential
fishery/area
fishery/area
and where
fishery/area and data available]
fishery (*)
consequence(s) (*) Level of risk (*)
and data
and data
does the risk
available]
available]
appear)
[Note: risks
Levels of catches/landings Frequent/
Serious/Signifi
very low/low/
identified by
distributed by fishing
Medium/
cant/Accept
medium/high/or
Member
vessels, stocks, and gears,
Seldom
able/or
very high
States should
cases/or
Marginal
be in line
Availability of quota to Not
with
fishing vessels, distributed significant
objectives
by fishing vessels, stocks
defined in
and gears,
Article 3]
Use of standardised boxes,
Level and fluctuation of
market price for the landed
fisheries products (first sale),
Number of inspections
previously carried out and
number of detected
infringements for the
fishing vessel and/or other
operator concerned,
Background, and/or
potential danger, of fraud
linked to port/location/area,
and metier,
Any other relevant
information or intelligence.
(*) Note: To be assessed by Member States. The risk assessment shall consider, on the basis of past experience and using all available
information, how likely a non-compliance is to happen and, if it were to happen, the potential consequence.
EN
20.12.2012 Official
Journal
of
the
European
Union L
350/105
ANNEX II
TARGET BENCHMARKS
1. Level of inspections at sea (including aerial surveillance, where applicable)
On a yearly basis, the following target benchmarks ( 1 ) shall be reached for the inspections at sea of fishing vessels engaged
in the fishery of herring, mackerel, horse mackerel, anchovy and blue whiting in the area, in the case that inspections at
sea are relevant in relation to the step in the fishery chain and are part of the risk management strategy:
Level of estimated risk for fishing vessels in accordance with Article 5(2)
Benchmarks per year (*)
high very
high
Fishery No 1
Inspection at sea of at least 5 % of fishing Inspection at sea of at least 10 % of fishing
Herring, mackerel and
trips by ‘high risk’ level fishing vessels
trips by ‘very high risk’ level fishing vessels
horse mackerel
targeting the fishery in question
targeting the fishery in question
Fishery No 2
Inspection at sea of at least 2,5 % of fishing Inspection at sea of at least 5 % of fishing
Anchovy
trips by ‘high risk’ level fishing vessels
trips by ‘very high risk’ level fishing vessels
targeting the fishery in question
targeting the fishery in question
Fishery No 3
Inspection at sea of at least 5 % of fishing Inspection at sea of at least 10 % of fishing
Blue whiting
trips by ‘high risk’ level fishing vessels
trips by ‘very high risk’ level fishing vessels
targeting the fishery in question
targeting the fishery in question
(*) expressed in a % of fishing trips in the area (when fishing with gears with mesh sizes for which the species is a target species) by
high/very high risk fishing vessels/per year
2. Level of inspections ashore (including document based controls and inspections in ports or at first sale)
On a yearly basis, the following target benchmarks ( 2 ) shall be reached for the inspections ashore (including document
based controls and inspections in ports or at first sale) of fishing vessels and other operators engaged in the fishery of
herring, mackerel, horse mackerel, anchovy and blue whiting in the area, in the case that inspections ashore are relevant
in relation to the step in the fishery/marketing chain and are part of the risk management strategy.
Level of risk for fishing vessels and/or other operators (first buyer)
Benchmarks per year (*)
high very
high
Fishery No 1
Inspection in port of at least 15 % of
Inspection in port of at least 15 % of overall
Herring, mackerel and
overall landed quantities by ‘high risk’ level landed quantities by ‘very high risk’ level
horse mackerel
fishing vessels
fishing vessels
Fishery No 2
Inspection in port of at least 5 % of overall Inspection in port of at least 10 % of overall
Anchovy
landed quantities by ‘high risk’ level fishing landed quantities by ‘very high risk’ level
vessels
fishing vessels
Fishery No 3
Inspection in port of at least 5 % of overall Inspection in port of at least 10 % of overall
Blue whiting
landed quantities by ‘high risk’ level fishing landed quantities by ‘very high risk’ level
vessels
fishing vessels
(*) expressed in a % of quantities landed by high/very high risk fishing vessels/per year
Inspections made after landing or transhipment shall in particular be used as a complementary cross-checking mechanism
to verify the reliability of the information recorded and reported on catches and landings.
( 1 ) For vessels spending less than 24 hours at sea per fishing trip, and according to the risk management strategy, the target benchmarks
may be reduced by half.
( 2 ) For vessels landing less than 10 tons per landing, and according to the risk management strategy, the target benchmarks may be
reduced by half.
L 350/106
EN
Official Journal of the European Union
20.12.2012
ANNEX III
PERIODICAL INFORMATION ON THE IMPLEMENTATION OF THE SPECIFIC CONTROL AND INSPECTION
PROGRAMME
Format for the communication of the information to be provided according to Article 12 for each inspection to be
included in the report:
Element name Code Description
and
content
Identification of inspection II ISO
alpha2
country
code
+
9
digits,
e.g.
DK201200000.
Date of inspection DA YYYY-MM-DD
Type of inspection or control IT Sea,
shore,
transport,
document
(to
be
indicated).
Identification of each fishing
ID Union
fleet
register
number
of
the
fishing
vessel,
vehicle
identification,
vessel, vehicle or operator
and/or company name of the operator.
Fishing gear type GE
Gear code based on FAO’s International Standard Statistical Classifi
cation of the Fishing Gear.
Serious infringement SI Y
=
yes,
N
=
no
Type of serious infringement
TS Indicate
type
of
serious
infringement
detected,
in
reference
to
the
detected
number (left column) in the Annex XXX of Implementing Regulation
(EU) No 404/2011. In addition, the serious infringements referred to in
Article 90(1)(a), (b) and (c) of the Control Regulation shall be
respectively identified by the numbers ‘13’, ‘14’ and ‘15’.
State of play follow up FU Indicate
state
of
play:
PENDING,
APPEAL
or
CLOSED.
Fine SF Fine
in
EUR,
e.g.
500.
Confiscation SC CATCH/GEAR
for
physical
confiscation.
Amount
confiscated
in
case
of
value of catch/gear in EUR, e.g. 10 000.
Other SO
In case of withdrawal of license/authorisation, indicate LI or AU +
number of days, e.g. AU30.
Points SP Number
of
points
assigned,
e.g.
12.
Remarks RM
In case of no action taken following detection of a serious
infringement, explanation why in free text.
EN
20.12.2012 Official
Journal
of
the
European
Union L
350/107
ANNEX IV
CONTENT OF EVALUATION REPORTS
Evaluation reports shall at least contain the following information:
I. General analysis of control, inspection and enforcement activities carried out (for each Member State
concerned)
— Description of risks identified by the concerned Member State and detailed content of its risk management
strategy, including a description of the review and revision process.
— Comparison of type of control and inspection tools used and number of inspection means committed/number of
means provided in the execution of the specific control and inspection programme, including duration and areas
of deployment.
— Comparison of type of control and inspection tools used and number of control activities and inspections carried
out (complete on the basis of information sent in accordance with Annex III)/number of serious infringements
detected and, where possible, analysis on the motives for committing such infringements.
— Sanctions imposed for serious infringements (complete on the basis on information sent in accordance with
Annex III).
— Analysis of other actions (distinct from control, inspection and enforcement activities e.g. training or information
sessions) designed to have an impact on compliance by fishing vessels and/or other operators [EXAMPLE: number
of selective gear improvements deployed, numbers of cod/juvenile samples, etc.].
II. Detailed analysis of control, inspection and enforcement activities carried out (for each Member State
concerned)
1. Analysis of inspection activities at sea (including aerial surveillance, where appropriate), in particular:
— comparison of patrol vessels provided/committed,
— serious infringements rate at sea,
— proportion of inspections at sea on fishing vessels with a ‘very low’, ‘low’, or ‘medium’ level of risk resulting in
one or more serious infringement,
— proportion of inspections at sea on fishing vessels with a ‘high’ or ‘very high’ level of risk resulting in one or
more serious infringement,
— type and level of sanctions/evaluation of the deterrent effect.
2. Analysis of ashore inspection activities (including document based controls and inspections in ports or at first sale,
or transhipments), in particular:
— comparison of ashore-based inspection units provided/committed,
— ashore serious infringements rate,
— proportion of inspections ashore on fishing vessels and/or operators with a ‘very low’, ‘low’, or ‘medium’ level
of risk resulting in one or more serious infringement,
— proportion of inspections ashore on fishing vessels and/or operators with a ‘high’ or ‘very high’ level of risk
resulting in one or more serious infringement,
— type and level of sanctions/evaluation of the deterrent effect.
3. Analysis of target benchmarks expressed in terms of compliance levels (where applicable), in particular:
— comparison of inspection means provided/committed,
— serious infringement rate and trend (by comparison with two previous years),
— proportion of inspections on fishing vessels/operators resulting in one or more serious infringements,
L 350/108
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20.12.2012
— type and level of sanctions/evaluation of the deterrent effect.
4. Analysis of other inspection and control activities: transhipment, aerial surveillance, importation/exportation, etc.,
as well as other actions such as training or information sessions designed to have an impact on compliance by
fishing vessels and other operators
III. Proposal(s) for improving effectiveness of control, inspection and enforcement activities carried out (for
each Member State concerned)
20.12.2012 Official
Journal
of
the
European
Union L
350/99
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
(2012/807/EU)
THE EUROPEAN COMMISSION,
are to be subject to a specific control and inspection
programme. Such a specific control and inspection
programme has to state the objectives, priorities and
procedures as well as benchmarks for inspection activities
to be established on the basis of risk management and to
Having regard to the Treaty on the Functioning of the European
be revised periodically after an analysis of the achieved
Union,
results. Member States concerned are obliged to adopt
the necessary measures to ensure the implementation
of the specific control and inspection programme,
particularly as regards required human and material
resources and the periods and zones where these are to
Having regard to the Council Regulation (EC) No 1224/2009 of
be deployed.
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 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
(4) Article
95(2)
of
Regulation
(EC)
No
1224/2009
provides
1300/2008, (EC) No 1342/2008 and repealing Regulations
that the specific control and inspection programme states
(EEC) No 2847/93, (EC) No 1627/94 and (EC) No
benchmarks for inspections activities that are to be estab
1966/2006 (
lished on the basis of risk management. For this purpose,
1 ), and in particular Article 95 thereof,
it is appropriate to lay down common risk assessment
and management criteria for checking, inspection and
verification activities in order to allow timely risk
analyses and global assessments of relevant control and
Whereas:
inspection information. The common criteria aim at
ensuring a harmonised approach to inspection and verifi
cation in all Member States and establishing a level
playing field for all operators.
(1) Regulation
(EC)
No
1224/2009
applies
to
all
activities
covered by the common fisheries policy carried out on
the territory of Member States or in Union waters or by
Union fishing vessels or, without prejudice to the
(5) The
specific
control
and
inspection
programme
should
primary responsibility of the flag Member State, by
be established for the period from 1 January 2013 to
nationals of Member States, and lays down in particular
31 December 2015 and should be implemented by
that Member States shall ensure that control, inspection
Denmark, Estonia, France, Germany, Ireland, Latvia,
and enforcement are carried out on a non-discriminatory
Lithuania, the Netherlands, Poland, Portugal, Spain and
basis as regards sectors, vessels or persons, and on the
the United Kingdom.
basis of risk management.
(2) Council
Regulation
(EC)
No
1300/2008
of
18
December (6) Article
98(1)
and
(3)
of
Commission
Implementing
Regu
2008 establishing a multi-annual plan for the stock of
lation (EU) No 404/2011 ( 3 ) foresees that, without
herring distributed to the west of Scotland and the
prejudice to provisions contained in multi-annual plans,
fisheries exploiting that stock
(
competent authorities of Member States have to adopt a
2 ), lays down the
conditions for the sustainable exploitation of herring.
risk based approach for the selection of targets for
inspection, using all available information and, subject
to a risk based control and enforcement strategy, carry
out the necessary inspection activities in an objective way
in order to prevent the retention on board, transhipment,
(3) Article
95
of
Regulation
(EC)
No
1224/2009
foresees
the
landing, processing, transport, storage, marketing and
possibility for the Commission to determine, in concert
stocking of fishery products originating from activities
with the Member States concerned, the fisheries which
that are not in compliance with the rules of the
Common Fisheries Policy.
( 1 ) OJ L 343, 22.12.2009, p. 1.
( 2 ) OJ L 344, 20.12.2008, p. 6.
( 3 ) OJ L 112, 30.4.2011, p. 1.
L 350/100
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20.12.2012
(7) The
European
Fisheries
Control
Agency
set
up
by HAS ADOPTED THIS DECISION:
Council Regulation (EC) No 768/2005 ( 1 ) (hereafter
referred to as ‘EFCA’) has to coordinate the implemen
tation of the specific control and inspection programme
CHAPTER I
through a joint deployment plan, which gives effect to
GENERAL PROVISIONS
the objectives, priorities, procedures and benchmarks for
inspection activities determined in the specific control
Article 1
and inspection programme, and identifies the means of
control and inspection which could be pooled by each
Subject matter
Member State concerned. Relations between procedures
This Decision establishes a specific control and inspection
defined by the specific control and inspection
programme applicable to the stocks of herring, mackerel,
programme and those defined by the joint deployment
horse mackerel, anchovy and blue whiting in EU waters of
plan, should therefore be clarified.
ICES sub-areas V, VI, VII, VIII and IX and in EU waters of
CECAF 34.1.11 (hereafter referred to as ‘Western Waters’).
Article 2
(8) In order to harmonise the control and inspection
procedures of the fishing activities on herring,
Scope
mackerel, horse mackerel, anchovy and blue whiting in
1. The specific control and inspection programme shall in
EU waters of ICES sub-areas V, VI, VII, VIII and IX and of
particular cover the following activities:
CECAF and to ensure the success of the multiannual plan
for the stock of herring distributed to the west of
Scotland, it is appropriate to draw up common rules
(a) fishing activities within the meaning of Article 4(1) of Regu
for the control and inspection activities to be carried
lation (EC) No 1224/2009 in the area(s) referred to in
out by the competent authorities of the Member States
Article 1;
concerned, including mutual access to relevant data. To
that end, target benchmarks should determine the
intensity of control and inspection activities.
(b) fishing related activities, including the weighing, processing,
marketing, transport and storage of fisheries products;
(c) importation as defined in Article 2(11) of Council Regu
lation (EC) No 1005/2008 (
(9) Joint
inspection
and
surveillance
activities
between
2 );
Member States concerned should be carried out, where
applicable, in accordance with joint deployment plans
(d) exportation as defined in Article 2(13) of Regulation (EC)
established by the EFCA so as to enhance uniformity
No 1005/2008.
of control, inspection and surveillance practices and
help develop the coordination of control, inspection
and surveillance activities between the competent auth
2. The
specific
control
and
inspection
programme
shall
apply
orities of those Member States.
until 31 December 2015.
3. The
specific
control
and
inspection
programme
shall
be
implemented by Denmark, Estonia, France, Germany, Ireland,
(10) The
results obtained through the application of the
Latvia, Lithuania, the Netherlands, Poland, Portugal, Spain and
specific control and inspection programme should be
the United Kingdom (hereafter referred to as ‘Member States
assessed by means of annual evaluation reports to be
concerned’).
communicated by each Member State concerned to the
Commission and to the EFCA.
CHAPTER II
OBJECTIVES, PRIORITIES, PROCEDURES AND BENCHMARKS
Article 3
(11) The
measures
provided
for
in
this
Decision
have
been
established in concert with the Member States concerned.
Objectives
This Decision should therefore be addressed to these
1. The specific control and inspection programme shall
Member States.
ensure the uniform and effective implementation of conser
vation and control measures applicable to stocks referred to
in Article 1.
(12) The
measures provided for in this Decision are in
2. Control
and
inspection
activities
carried
out
under
the
accordance with the opinion of the Committee for
specific control and inspection programme shall in particular
Fisheries and Aquaculture,
aim at ensuring compliance with the following provisions:
( 1 ) OJ L 128, 21.5.2005, p. 1.
( 2 ) OJ L 286, 29.10.2008, p. 1.
EN
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European
Union L
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(a) fishing opportunities management and any specific
4. In case where a fishing vessel flying the flag of a Member
conditions associated therewith, including the monitoring
State which is not a Member State concerned, or a third country
of quota uptake and effort regime in areas referred to in
fishing vessel, operates in the area(s) referred to in Article 1, it
Article 1;
shall be attributed a level of risk in accordance with paragraph
3. 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
(b) reporting obligations applicable to fishing activities in
paragraph 3 leading to a different risk level, it shall be
Western Waters, in particular the reliability of the
considered as a ‘very high’ risk level fishing vessel.
information recorded and reported;
(c) provisions on the high grading ban;
Article 6
Risk management strategy
(d) the special rules for weighing of certain pelagic species
1. On
the
basis
of
its
risk
assessment,
each
Member
State
provided for in Articles 78 through 89 of Implementing
concerned shall define a risk management strategy focused on
Regulation (EU) No 404/2011.
ensuring compliance. Such strategy shall encompass the identi
fication, description and allocation of appropriate cost-effective
control instruments and inspection means, in relation to the
nature and the estimated level of each risk, and the achievement
Article 4
of target benchmarks.
Priorities
1. Member
States
concerned
shall
carry
out
control
and
inspection activities with respect to fishing activities by fishing
2. The
risk
management
strategy
referred
to
in
paragraph
1
vessels and fishing related activities by other operators on the
shall be coordinated at regional level through a joint
basis of a risk management strategy, in conformity with
deployment plan as defined in Article 2(c) of Regulation (EC)
Article 4, point (18), of Regulation (EC) No 1224/2009 and
No 768/2005.
Article 98 of Implementing Regulation (EU) No 404/2011.
2. Each fishing vessel, group of fishing vessels, fishing gear
Article 7
category, operator, and/or fishing related activity, for each stock
Relation with joint deployment plans procedures
referred to in Article 1, shall be subject to control and
inspections according to the level of priority attributed
1. In
the
framework
of
a
joint
deployment
plan,
where
appli
pursuant to paragraph 3.
cable, each Member State concerned shall communicate to the
EFCA the results of its risk assessment carried out in accordance
with Article 5(3) and, in particular, a list of estimated levels of
risk with corresponding targets for inspection.
3. Each
Member
State
concerned
shall
attribute
the
level
of
priority on the basis of the results of the risk assessment carried
out in accordance with the procedures laid down in Article 5.
2. Where
appropriate,
the
risk
levels
and
targets
lists
referred
to in paragraph 1 shall be updated by using information
Article 5
collected during joint inspection and surveillance activities.
The EFCA shall be informed immediately following completion
Procedures for risk assessment
of each update.
1. This
Article
shall
apply
to
Member
States
concerned
and,
for the sole purposes of application of paragraph 4, to all other
Member States.
3. The
EFCA
shall
use
information
received
from
Member
States concerned to coordinate the risk management strategy
at regional level, in accordance with Article 6(2).
2. Member
States
shall
assess
risks
with
regard
to
the
stocks
and area(s) covered, on the basis of the table set out in Annex I.
Article 8
3. The
risk
assessment
by
each
Member
State
shall
consider,
Target benchmarks
on the basis of past experience and using all available and
relevant information, how likely a non-compliance is to
1. Without
prejudice
to
target
benchmarks
defined
in
Annex
happen and, if it were to happen, the potential consequence(s).
I of Regulation (EC) No 1224/2009 and in Article 9(1) of
By combining these elements, each Member State shall estimate
Regulation (EC) No 1005/2008, the target benchmarks at
a level of risk (‘very low’, ‘low’, ‘medium’, ‘high’ or ‘very high’) for
Union level for ‘high’ and ‘very high’ risk level fishing vessels
each category for inspection referred to in Article 4(2).
and/or other operators are set out in Annex II.
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20.12.2012
2. The target benchmarks for ‘very low’, ‘low’, and ‘medium’
surveillance activities in waters under their jurisdiction and,
risk level fishing vessels and/or other operators shall be
where appropriate, on their territory. Where applicable, such
determined by Member States concerned through the national
activities shall be carried out in the framework of joint
control action programmes referred to in Article 46 of Regu
deployment plans referred to in Article 9(1) of Regulation
lation (EC) No 1224/2009 and the national measures referred
(EC) No 768/2005.
to in Article 95(4) of Regulation (EC) No 1224/2009.
2. For
the
purpose
of
joint
inspection
and
surveillance
activ
3. By
way
of
derogation
from
paragraphs
1
and
2,
Member ities, each Member State concerned shall:
States may apply alternatively different target benchmarks,
expressed in terms of improved compliance levels, provided
that:
(a) ensure that officials from other Member States concerned
are invited to participate in joint inspection and surveillance
activities;
(a) a detailed analysis of the fishing activities or fishing related
activities and enforcement related issues justifies the need
for setting target benchmarks in the form of improved
(b) establish joint operational procedures applicable to their
compliance levels;
surveillance crafts;
(b) the benchmarks expressed in terms of improved compliance
(c) designate contact points referred to in Article 80(5) of
levels are notified to the Commission, and this latter does
Regulation (EC) No 1224/2009, where appropriate.
not object to them within 90 days, are not discriminatory,
and do not affect objectives, priorities and risk-based
procedures defined by the specific control and inspection
3. Officials
and
Union
inspectors
may
participate
in
joint
programme.
inspection and surveillance activities.
4. All
target
benchmarks
shall
be
assessed
annually
on
the
Article 11
basis of the evaluation reports referred to in Article 13(1) and,
where appropriate, be revised accordingly in the framework of
Exchange of data
the evaluation referred to in Article 13(4).
1. For
the
purpose
of
implementing
the
specific
control
and
inspection programme, each Member State concerned shall
ensure the direct electronic exchange of data referred to in
5. Where
applicable,
a
joint
deployment
plan
shall
give
effect Article 111 of Regulation (EC) No 1224/2009 and Annex XII
to target benchmarks referred to in this Article.
of Implementing Regulation (EU) No 404/2011 with other
concerned Member States and the EFCA.
CHAPTER III
IMPLEMENTATION
2. Data referred to in paragraph 1 shall be related to fishing
activities and fishing related activities carried out in the area(s)
Article 9
covered by the specific control and inspection programme.
Cooperation between Member States and with third
countries
Article 12
1. Member
States
concerned
shall
cooperate
in
the
imple
mentation of the specific control and inspection programme.
Information
1. Pending
the
full
implementation
of
Title
XII,
Chapter
III
of
Regulation (EC) No 1224/2009, and in accordance with the
2. Where appropriate, all other Member States shall format set out in Annex III of this Decision, each Member
cooperate with the Member States concerned.
State concerned shall communicate by electronic means to the
Commission and to the EFCA, by the 10 th day after each
quarter, the following information concerning the preceding
3. Member
States
may
cooperate
with
the
competent
auth
quarter:
orities of third countries for the implementation of the specific
control and inspection programme.
(a) the identification, date, and type of each control and/or
inspection operation carried out during the preceding
Article 10
quarter;
Joint inspection and surveillance activities
1. For the purpose of increasing the efficiency and effec
(b) the identification of each fishing vessel (Union fleet register
tiveness of their national fisheries control systems, Member
number), vehicle and/or operator (company name) subject
States concerned shall undertake joint inspection and
to a control and/or inspection;
EN
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Union L
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(c) where appropriate, the type of fishing gear inspected; and
2. The
evaluation
report
referred
to
in
paragraph
1
shall
at
least include the information listed in Annex IV. Member States
(d) in case where one or several serious infringements were
concerned may also include in their evaluation report other
detected:
actions such as training or information sessions designed to
have an impact on compliance by fishing vessels and other
(i) the type(s) of serious infringement(s);
operators.
(ii) the state of play concerning the follow-up of serious
3. The
EFCA,
for
its
annual
assessment
of
the
effectiveness
of
infringement(s) (e.g. case under investigation, pending,
joint deployment plans referred to in Article 14 of Regulation
under appeal); and
(EC) No 768/2005, shall take into consideration evaluation
reports referred to in paragraph 1.
(iii) the sanction(s) imposed as follow-up of serious
infringement(s): level of fines, value of forfeited fish
4. The
Commission
shall
convene
once
a
year
a
meeting
of
and/or gear, points assigned in accordance with
the Committee for fisheries and aquaculture to evaluate the
Article 126(1) of Implementing Regulation (EU) No
suitability, adequacy and effectiveness of the specific control
404/2011, and/or other type of sanctions.
and inspection programme and its overall impact on
compliance by fishing vessels and other operators, on the
2. Information referred to in paragraph 1 shall be basis of evaluation reports referred to in paragraph 1. Target
communicated for each control and/or inspection and shall
benchmarks set out in Annex II may be reviewed accordingly.
continue to be listed and updated in each report until the
action is concluded under the laws of the Member State
Article 14
concerned. Where no action is taken following the detection
This Decision shall enter into force on the third day following
of a serious infringement, an explanation shall be included.
that of its publication in the Official Journal of the European
Union.
Article 13
Evaluation
1. Each
Member
State
concerned
shall,
by
31
March
of
the Done at Brussels, 19 December 2012.
year following the relevant calendar year, send to the
Commission and the EFCA an evaluation report concerning
For the Commission
the effectiveness of the control and inspection activities
carried out under this specific control and inspection
The President
programme.
José Manuel BARROSO
L 350/104
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ANNEX I
PROCEDURES FOR RISK ASSESSMENT
Each fishing vessel, group of fishing vessels, fishing gear category, operator, and/or fishing related activity, in different
stocks and area(s) referred to in Article 1, shall be subject to control and inspections according to the level of priority
attributed. The level of priority shall be attributed depending on the results of the risk assessment carried out by each
Member State concerned, or by any other Member State for the sole purposes of application of Article 5(4), on the basis
of the following procedure:
Risk
Step in the
description
Indicator
fishery/
[depending on [depending on
marketing
Points to be considered
Occurrence
the risk/
the risk/
chain (When
[depending on the risk/
in the
Potential
fishery/area
fishery/area
and where
fishery/area and data available]
fishery (*)
consequence(s) (*) Level of risk (*)
and data
and data
does the risk
available]
available]
appear)
[Note: risks
Levels of catches/landings Frequent/
Serious/Signifi
very low/low/
identified by
distributed by fishing
Medium/
cant/Accept
medium/high/or
Member
vessels, stocks, and gears,
Seldom
able/or
very high
States should
cases/or
Marginal
be in line
Availability of quota to Not
with
fishing vessels, distributed significant
objectives
by fishing vessels, stocks
defined in
and gears,
Article 3]
Use of standardised boxes,
Level and fluctuation of
market price for the landed
fisheries products (first sale),
Number of inspections
previously carried out and
number of detected
infringements for the
fishing vessel and/or other
operator concerned,
Background, and/or
potential danger, of fraud
linked to port/location/area,
and metier,
Any other relevant
information or intelligence.
(*) Note: To be assessed by Member States. The risk assessment shall consider, on the basis of past experience and using all available
information, how likely a non-compliance is to happen and, if it were to happen, the potential consequence.
EN
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ANNEX II
TARGET BENCHMARKS
1. Level of inspections at sea (including aerial surveillance, where applicable)
On a yearly basis, the following target benchmarks ( 1 ) shall be reached for the inspections at sea of fishing vessels engaged
in the fishery of herring, mackerel, horse mackerel, anchovy and blue whiting in the area, in the case that inspections at
sea are relevant in relation to the step in the fishery chain and are part of the risk management strategy:
Level of estimated risk for fishing vessels in accordance with Article 5(2)
Benchmarks per year (*)
high very
high
Fishery No 1
Inspection at sea of at least 5 % of fishing Inspection at sea of at least 10 % of fishing
Herring, mackerel and
trips by ‘high risk’ level fishing vessels
trips by ‘very high risk’ level fishing vessels
horse mackerel
targeting the fishery in question
targeting the fishery in question
Fishery No 2
Inspection at sea of at least 2,5 % of fishing Inspection at sea of at least 5 % of fishing
Anchovy
trips by ‘high risk’ level fishing vessels
trips by ‘very high risk’ level fishing vessels
targeting the fishery in question
targeting the fishery in question
Fishery No 3
Inspection at sea of at least 5 % of fishing Inspection at sea of at least 10 % of fishing
Blue whiting
trips by ‘high risk’ level fishing vessels
trips by ‘very high risk’ level fishing vessels
targeting the fishery in question
targeting the fishery in question
(*) expressed in a % of fishing trips in the area (when fishing with gears with mesh sizes for which the species is a target species) by
high/very high risk fishing vessels/per year
2. Level of inspections ashore (including document based controls and inspections in ports or at first sale)
On a yearly basis, the following target benchmarks ( 2 ) shall be reached for the inspections ashore (including document
based controls and inspections in ports or at first sale) of fishing vessels and other operators engaged in the fishery of
herring, mackerel, horse mackerel, anchovy and blue whiting in the area, in the case that inspections ashore are relevant
in relation to the step in the fishery/marketing chain and are part of the risk management strategy.
Level of risk for fishing vessels and/or other operators (first buyer)
Benchmarks per year (*)
high very
high
Fishery No 1
Inspection in port of at least 15 % of
Inspection in port of at least 15 % of overall
Herring, mackerel and
overall landed quantities by ‘high risk’ level landed quantities by ‘very high risk’ level
horse mackerel
fishing vessels
fishing vessels
Fishery No 2
Inspection in port of at least 5 % of overall Inspection in port of at least 10 % of overall
Anchovy
landed quantities by ‘high risk’ level fishing landed quantities by ‘very high risk’ level
vessels
fishing vessels
Fishery No 3
Inspection in port of at least 5 % of overall Inspection in port of at least 10 % of overall
Blue whiting
landed quantities by ‘high risk’ level fishing landed quantities by ‘very high risk’ level
vessels
fishing vessels
(*) expressed in a % of quantities landed by high/very high risk fishing vessels/per year
Inspections made after landing or transhipment shall in particular be used as a complementary cross-checking mechanism
to verify the reliability of the information recorded and reported on catches and landings.
( 1 ) For vessels spending less than 24 hours at sea per fishing trip, and according to the risk management strategy, the target benchmarks
may be reduced by half.
( 2 ) For vessels landing less than 10 tons per landing, and according to the risk management strategy, the target benchmarks may be
reduced by half.
L 350/106
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20.12.2012
ANNEX III
PERIODICAL INFORMATION ON THE IMPLEMENTATION OF THE SPECIFIC CONTROL AND INSPECTION
PROGRAMME
Format for the communication of the information to be provided according to Article 12 for each inspection to be
included in the report:
Element name Code Description
and
content
Identification of inspection II ISO
alpha2
country
code
+
9
digits,
e.g.
DK201200000.
Date of inspection DA YYYY-MM-DD
Type of inspection or control IT Sea,
shore,
transport,
document
(to
be
indicated).
Identification of each fishing
ID Union
fleet
register
number
of
the
fishing
vessel,
vehicle
identification,
vessel, vehicle or operator
and/or company name of the operator.
Fishing gear type GE
Gear code based on FAO’s International Standard Statistical Classifi
cation of the Fishing Gear.
Serious infringement SI Y
=
yes,
N
=
no
Type of serious infringement
TS Indicate
type
of
serious
infringement
detected,
in
reference
to
the
detected
number (left column) in the Annex XXX of Implementing Regulation
(EU) No 404/2011. In addition, the serious infringements referred to in
Article 90(1)(a), (b) and (c) of the Control Regulation shall be
respectively identified by the numbers ‘13’, ‘14’ and ‘15’.
State of play follow up FU Indicate
state
of
play:
PENDING,
APPEAL
or
CLOSED.
Fine SF Fine
in
EUR,
e.g.
500.
Confiscation SC CATCH/GEAR
for
physical
confiscation.
Amount
confiscated
in
case
of
value of catch/gear in EUR, e.g. 10 000.
Other SO
In case of withdrawal of license/authorisation, indicate LI or AU +
number of days, e.g. AU30.
Points SP Number
of
points
assigned,
e.g.
12.
Remarks RM
In case of no action taken following detection of a serious
infringement, explanation why in free text.
EN
20.12.2012 Official
Journal
of
the
European
Union L
350/107
ANNEX IV
CONTENT OF EVALUATION REPORTS
Evaluation reports shall at least contain the following information:
I. General analysis of control, inspection and enforcement activities carried out (for each Member State
concerned)
— Description of risks identified by the concerned Member State and detailed content of its risk management
strategy, including a description of the review and revision process.
— Comparison of type of control and inspection tools used and number of inspection means committed/number of
means provided in the execution of the specific control and inspection programme, including duration and areas
of deployment.
— Comparison of type of control and inspection tools used and number of control activities and inspections carried
out (complete on the basis of information sent in accordance with Annex III)/number of serious infringements
detected and, where possible, analysis on the motives for committing such infringements.
— Sanctions imposed for serious infringements (complete on the basis on information sent in accordance with
Annex III).
— Analysis of other actions (distinct from control, inspection and enforcement activities e.g. training or information
sessions) designed to have an impact on compliance by fishing vessels and/or other operators [EXAMPLE: number
of selective gear improvements deployed, numbers of cod/juvenile samples, etc.].
II. Detailed analysis of control, inspection and enforcement activities carried out (for each Member State
concerned)
1. Analysis of inspection activities at sea (including aerial surveillance, where appropriate), in particular:
— comparison of patrol vessels provided/committed,
— serious infringements rate at sea,
— proportion of inspections at sea on fishing vessels with a ‘very low’, ‘low’, or ‘medium’ level of risk resulting in
one or more serious infringement,
— proportion of inspections at sea on fishing vessels with a ‘high’ or ‘very high’ level of risk resulting in one or
more serious infringement,
— type and level of sanctions/evaluation of the deterrent effect.
2. Analysis of ashore inspection activities (including document based controls and inspections in ports or at first sale,
or transhipments), in particular:
— comparison of ashore-based inspection units provided/committed,
— ashore serious infringements rate,
— proportion of inspections ashore on fishing vessels and/or operators with a ‘very low’, ‘low’, or ‘medium’ level
of risk resulting in one or more serious infringement,
— proportion of inspections ashore on fishing vessels and/or operators with a ‘high’ or ‘very high’ level of risk
resulting in one or more serious infringement,
— type and level of sanctions/evaluation of the deterrent effect.
3. Analysis of target benchmarks expressed in terms of compliance levels (where applicable), in particular:
— comparison of inspection means provided/committed,
— serious infringement rate and trend (by comparison with two previous years),
— proportion of inspections on fishing vessels/operators resulting in one or more serious infringements,
L 350/108
EN
Official Journal of the European Union
20.12.2012
— type and level of sanctions/evaluation of the deterrent effect.
4. Analysis of other inspection and control activities: transhipment, aerial surveillance, importation/exportation, etc.,
as well as other actions such as training or information sessions designed to have an impact on compliance by
fishing vessels and other operators
III. Proposal(s) for improving effectiveness of control, inspection and enforcement activities carried out (for
each Member State concerned)
Document Outline
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