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22.7.2011 Official
Journal
of
the
European
Union L
192/33
REGULATION (EU) No 693/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 6 July 2011
amending Council Regulation (EC) No 861/2006 establishing Community financial measures for the
implementation of the common fisheries policy and in the area of the Law of the Sea
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
European interest in Council Decision 2007/409/EC of
EUROPEAN UNION,
11 June 2007 amending Decision 2004/585/EC estab
lishing Regional Advisory Councils under the Common
Fisheries Policy ( 4 ) should be reflected in this Regulation.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 43(2) thereof,
(7)
In respect of the preparatory meetings of the Advisory
Committee on Fisheries and Aquaculture (ACFA), the
Having regard to the proposal from the European Commission,
possibility should exist to grant financial support to
representatives other than those from the European
Trade Organisations and to allow for the financing of
After transmission of the draft legislative act to the national
the costs of translation, interpretation and room hire.
parliaments,
The list of consultative bodies for the meetings of
which the ACFA plenary designates a representative
Having regard to the opinion of the European Economic and
should be updated.
Social Committee ( 1 ),
(8) Council
Regulation
(EC)
No
199/2008
of
25
February
Acting in accordance with the ordinary legislative procedure (
2008 concerning the establishment of a Community

2 ),
framework for the collection, management and use of
data in the fisheries sector and support for scientific
Whereas:
advice regarding the Common Fisheries Policy ( 5 ) has
enlarged the scope of data collection in order to cover
the collection, the management and the use of data and
(1) Council
Regulation
(EC)
No
861/2006
( 3 ) provides for
that should be explicitly acknowledged in this Regulation.
financing in the following areas: international relations,
governance, data collection and scientific advice and
control and enforcement of the common fisheries
(9) Commission
Decision
2008/949/EC
of
6
November
policy (CFP).
2008 adopting a multiannual Community programme
pursuant to Council Regulation (EC) No 199/2008 ( 6 )
provides that the data to be collected are to comprise
(2) In
each
field
of
action,
Regulation
(EC)
No
861/2006
is
socioeconomic variables.
supplemented by other related regulations or decisions.
Several elements of that related legislation have evolved
since the adoption of that Regulation, which should now
(10) Eligible
measures
for
Union
financial
support
in
the
field
be amended in order to ensure coherence between all the
of data collection and scientific advice are set out in
elements of the legislative framework.
Regulation (EC) No 199/2008, and Regulation (EC)
No 861/2006 should be aligned with those provisions.
(3) Experience
has
also
demonstrated
the
need
to
amend
Regulation (EC) No
861/2006 by slightly adapting
(11) The
programming
measures
in
the
field
of
data
collection
some of its provisions to better fit the current situation.
and scientific advice are set out in Regulation (EC)
No 199/2008 and Commission Regulation (EC)
No 665/2008 of 14 July 2008 laying down detailed
(4) It
is
also
necessary
to
clarify,
where
appropriate,
the
rules for the application of Council Regulation (EC)
scope of the measures financed and to improve the
No 199/2008 ( 7 ).
drafting of some articles.
(12) A number of the provisions of Council Decision
(5) Partnerships
in
the
international
field
may
be
concluded
2000/439/EC of 29 June 2000 on a financial
at bilateral, regional or multilateral level.
contribution from the Community towards the expen
diture incurred by Member States in collecting data,
and for financing studies and pilot projects for carrying
(6) The fact that Regional Advisory Councils have been
out the common fisheries policy ( 8 ) were not included in
granted the status of bodies pursuing an aim of general
Regulation (EC) No 861/2006, nor were they converted
( 1 ) OJ C 44, 11.2.2011, p. 171.
( 4 ) OJ L 155, 15.6.2007, p. 68.
( 2 ) Position of the European Parliament of 6 April 2011 (not yet
( 5 ) OJ L 60, 5.3.2008, p. 1.
published in the Official Journal) and decision of the Council of
( 6 ) OJ L 346, 23.12.2008, p. 37.
21 June 2011.
( 7 ) OJ L 186, 15.7.2008, p. 3.
( 3 ) OJ L 160, 14.6.2006, p. 1.
( 8 ) OJ L 176, 15.7.2000, p. 42.

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L 192/34
EN
Official Journal of the European Union
22.7.2011
into implementing rules. This created a legal void for the
and general principles concerning mechanisms for
years 2007 and 2008 during which period the
control, by Member States, of the Commission’s
Commission continued to apply the rules previously in
exercise of implementing powers ( 3 ).
force, as laid down in Decision 2000/439/EC. In the
interests of legal certainty, it should be provided retro
actively that those rules remained applicable during that
(20) Regulation (EC) No
861/2006 should therefore be
period.
amended accordingly,
(13) Expenditure
in
the
area
of
scientific
advice
should
include
HAVE ADOPTED THIS REGULATION:
expenditure for partnership contracts with international
bodies in charge of stock assessment.
Article 1
Regulation (EC) No 861/2006 is hereby amended as follows:
(14) The
indications
concerning
eligible
expenditure
in
the
field of control should be presented in a clearer and
more detailed way, and a link should be made
(1) the title shall be replaced by the following:
with Council Regulations (EC) No
1224/2009 of
20 November 2009 establishing a Community control
system for ensuring compliance with the rules of the
‘Council Regulation (EC) No 861/2006 of 22 May 2006
Common Fisheries Policy ( 1 ) and (EC) No 1005/2008 of
establishing Union financial measures for the imple
29 September 2008 establishing a Community system to
mentation of the common fisheries policy and in the
prevent, deter and eliminate illegal, unreported and
area of the Law of the Sea’;
unregulated fishing ( 2 ).
(2) in the enacting terms, with the exception of references to
the Community Fisheries Control Agency in Article 4(c),
(15) Participants in training programmes in the area of
the word ‘Community’ and the word ‘Communities’ shall
control and enforcement of the CFP rules, although
be replaced by the word ‘Union’. The words ‘Community
representing a Member State authority, are not
waters’ shall be replaced by the words ‘EU waters’. Any
necessarily civil servants. Therefore, expenditure
necessary grammatical adjustments shall be made;
incurred for the training of other personnel should also
be eligible for financial measures.
(3) in Article 2, point (b) is replaced by the following:
(16) The
Joint
Research
Centre
not
only
analyses
the
imple
mentation of control activities, but also gives advice and
‘(b) conservation measures, collection and management of
is involved in developing new technologies.
data and use of data to generate scientific advice for
the CFP;’;
(17) The
programming
rules
for
the
control
of
expenditure
need to be adapted in order to improve sound
(4) in Article 3, point (b) is replaced by the following:
financial management, notably by bringing closer the
date for the submission of the applications for Union
financial support and by further specifying the
‘(b) improving the collection, the management and the use
information to be communicated on the projects and
of data necessary for the CFP;’;
the format in which it should be provided.
(5) Article 5 is replaced by the following:
(18) The
title
and
the
enacting
terms
of
Regulation
(EC)
No 861/2006 should be changed to take account of
‘Article 5
the entry into force, on 1 December 2009, of the
Treaty of Lisbon.
Specific objectives in the area of data collection,
management and use and scientific advice
(19) In
order
to
ensure
uniform
conditions
for
the
implemen
Union financial measures referred to in Articles 9, 10 and
tation of the measures in the area of control and
11 shall contribute to the objective of improving data
enforcement, and more particularly as regards expen
collection, management and use and scientific advice on
diture incurred by Member States in implementing the
the state of the resources, on the level of fishing, on the
monitoring and control systems applicable to the CFP, as
impact that fisheries have on the resources and the marine
well as measures in the area of basic data collection,
ecosystem, on the economic aspects of fisheries and aqua
management and use, implementing powers should be
culture and on the performance of the fishing industry,
conferred on the Commission. Those powers should be
within and outside EU waters, by providing financial
exercised in accordance with Regulation (EU)
support to the Member States to establish multiannual
No 182/2011 of the European Parliament and of the
aggregated and science based datasets which incorporate
Council of 16 February 2011 laying down the rules
biological, technical, environmental and socioeconomic
information.’;
( 1 ) OJ L 343, 22.12.2009, p. 1.
( 2 ) OJ L 286, 29.10.2008, p. 1.
( 3 ) OJ L 55, 28.2.2011, p. 13.

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EN
22.7.2011 Official
Journal
of
the
European
Union L
192/35
(6) Article 7, paragraph 1, point (c) is replaced by the
(ii) programmes for the training and exchange,
following:
including between Member States, of personnel
responsible for monitoring, control and
surveillance of fisheries activities;
‘(c) developing, through partnership at a bilateral, regional
or multilateral level, the fisheries resource management
and control capacities of third countries, in order to
(iii) the implementation of pilot projects related to
ensure sustainable fishing and to promote the
fisheries control;
economic development of the fisheries sector in
those countries by improving the scientific and
technical evaluation of the fisheries concerned, the
(iv) cost/benefit analysis as well as assessment of
monitoring and control of fishing activities, the
audits performed and expenditure incurred by
health conditions and the business environment in
competent authorities in carrying out monitoring,
the sector;’;
control and surveillance;
(7) Article 8 is replaced by the following:
(v) initiatives, including seminars and media tools,
aimed at raising awareness, both among
fishermen and other players such as inspectors,
‘Article 8
public prosecutors and judges, and among the
general public, of the need to fight illegal, unre
Measures in the area of control and enforcement
ported and unregulated fishing and on the imple
mentation of the CFP rules;
1. In the area of control and enforcement of CFP rules,
the following expenditure shall be eligible for Union
financial measures:
(b) expenditure relating to administrative arrangements
with the Joint Research Centre or any other Union
consultative body for the purpose of assessing and
(a) expenditure incurred by Member States in imple
developing new control technologies;
menting the monitoring and control systems
applicable to the CFP for:
(c) all operational expenditure related to inspection, by
Commission inspectors, of the implementation of the
(i) investments, relating to control activities carried
CFP by the Member States, and in particular inspection
out by the competent national authorities, by
missions, safety equipment and training of inspectors,
administrative bodies or by the private sector, in:
meetings and the charter or purchase by the
Commission of inspection means;
— the purchase and/or development of tech
nology, including hardware and software,
(d) the contribution to the budget of the CFCA in order to
vessel detection systems (VDS) and IT
cover staff, administrative and operating expenditure
networks enabling the gathering, adminis
relating to the annual work plan of the CFCA.
tration, validation, analysis and exchange of,
and the development of sampling methods
for, data related to fisheries, including the
2. The
Commission
may
adopt
detailed
rules
for
the
development of websites related to control,
application of point (a) of paragraph 1 by means of imple
menting acts. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in
— the purchase and/or development of the
Article 30(2).’;
components necessary to ensure the trans
mission to the relevant Member State and
Union authorities of data from actors
(8) Article 9 is replaced by the following:
involved in fishing and the marketing of
fisheries products, including the necessary
components for electronic recording and
‘Article 9
reporting systems (ERS), vessel monitoring
Measures in the area of basic data collection,
systems (VMS) and automatic identification
management and use
systems (AIS),
1. In
the
area
of
basic
data
collection,
management
and
use, the following expenditure shall be eligible for Union
— the implementation of programmes for the
financial support in the framework of multiannual national
exchange and analysis of data between
programmes referred to in Article 4 of Council Regulation
Member States,
(EC) No 199/2008 of 25 February 2008 concerning the
establishment of a Community framework for the
collection, management and use of data in the fisheries
— the purchase and modernisation of control
sector and support for scientific advice regarding the
means;
Common Fisheries Policy (*):

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L 192/36
EN
Official Journal of the European Union
22.7.2011
(a) expenditure incurred for the collection of biological,
(11) Article 12 is amended as follows:
technical, environmental and socioeconomic data in
relation to commercial and recreational fisheries,
including sampling, at-sea-monitoring and research
(a) points (a), (b) and (c) are replaced by the following:
surveys, and the collection of environmental and
socioeconomic data on the aquaculture and processing
‘(a) the travelling and accommodation costs of the
industry, as laid down in the multiannual Union
members of representative organisations in the
programme referred to in Article 3 of Regulation
ACFA in connection with preparatory meetings
(EC) No 199/2008;
in advance of ACFA meetings, and the costs of
translation, interpretation and room hire incurred
(b) expenditure incurred for measures related to the
for those preparatory meetings;
management, development, enhancement and exploi
tation of data referred to in point (a);
(b) the cost of the participation of the representatives
designated by the ACFA to represent it at meetings
(c) expenditure incurred for measures related to the use of
of the RACs, the International Council for the
the data referred to in point (a), such as estimates of
Exploration of the Sea (ICES) and the STECF;
biological parameters and the production of data sets
for scientific analysis and advice;
(c) the operating costs of the RACs as provided for in
Decision 2004/585/EC;’;
(d) expenditure incurred in connection with participation
in regional coordination meetings referred to in
Article 5(1) of Regulation (EC) No 199/2008, in the
(b) in point (d), point (ii) is replaced by the following:
relevant scientific meetings of regional fisheries
management organisations of which the Union is a
‘(ii) providing very wide access to data and explanatory
contracting party or observer and in the meetings of
material concerning, in particular, Commission
international bodies in charge of providing scientific
proposals, through developing the Internet
advice.
websites of the appropriate Commission
departments and producing a regular publication,
2. The
Commission
may
adopt
detailed
rules
for
the
as well as organising information and training
application of paragraph 1 by means of implementing
seminars for opinion formers.’;
acts. Those implementing acts shall be adopted in
accordance with the examination procedure referred to
in Article 30(2).
(12) in Article 13(1), point (e) is replaced by the following:
___________
‘(e) voluntary financial contributions to work or
(*) OJ L 60, 5.3.2008, p. 1.’;
programmes carried out by international organisations
which are of special interest to the Union;’;
(9) Article 10 is amended as follows:
(13) Article 16 is amended as follows:
(a) the heading is replaced by the following:
(a) the heading is replaced by the following:
‘Measures in the area of additional data collection,
management and use’;
‘Rates of co-financing in the area of basic data
(b) in the introduction to paragraph 1, the second
collection, management and use’;
sentence is replaced by the following:
(b) the words ‘Article 23(1)’ are replaced by the words
‘Article 4 of Regulation (EC) No 199/2008’;
‘The activities which may be eligible for Union
financial support shall include:’;
(14) the heading of Article 17 is replaced by the following:
(c) in paragraph 1, point (a) is replaced by the following:
‘Rates of co-financing in the area of additional data
‘(a) methodological studies and projects aimed at opti
collection, management and use’;
mising and standardising methods of collecting
(15) in Article 18, paragraphs 2 and 3 are replaced by the
data required for giving scientific advice;’;
following:
(10) in Article 11, point (a) is replaced by the following:
‘2. Drawing
rights
shall
be
allocated
under
a
financing
agreement with the Commission to each representative
‘(a) expenditure for partnership contracts with national
organisation which is a member of the ACFA plenary in
research institutions, or with international bodies in
proportion to entitlements within the plenary committee
charge of stock assessments, for the provision of
of the ACFA and depending on the financial resources
scientific advice and data;’;
available.

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EN
22.7.2011 Official
Journal
of
the
European
Union L
192/37
3. Those
drawing
rights
and
the
average
cost
of
a
States conducting the project, the estimated total costs
journey by a member of a representative organisation
for the project as well as the estimated costs per
shall determine the number of journeys for which each
Member State.’;
organisation may be financially responsible, undertaken
for the purpose of preparatory meetings. Within the
overall limit of the drawing right, 20 % of the actual
(b) in paragraph 3, point (b) is replaced by the following:
eligible expenditure shall be retained as a lump sum by
each representative organisation in order to cover those of
‘(b) how many hours or days over the course of a year
its organisational and administrative costs which are
they are likely to be used for fishery control
strictly linked with the organisation of the preparatory
purposes and which system is in place in the
meetings.’;
Member State, in order to make it possible for
the Commission or the Court of Auditors to
(16) Article 20 is amended as follows:
check their effective use for control purposes;’;
(a) paragraphs 1 and 2 are replaced by the following:
(c) the following paragraph is added:
‘1. Applications
by
Member
States
for
Union
‘4. Member
States
shall
provide
the
information
financial support shall be submitted to the
requested in paragraphs 1, 2 and 3 by submitting,
Commission by 15 November of the year preceding
both electronically and as a hardcopy, the electronic
the year of implementation concerned.
form communicated to them by the Commission.’;
Such applications shall be accompanied by an annual
(17) the heading of Section 2 of Chapter V is replaced by the
fisheries control programme containing the following
following:
information:
‘Procedures in the area of data collection, management
and use’;
(a) the objectives of the annual fisheries control
programme;
(18) Article 22 is replaced by the following:
(b) the planned human resources available;
‘Article 22
(c) the planned financial resources available;
Introductory provision
The Union financial contribution to the expenditure
(d) the planned number of vessels and aircraft
incurred by the Member States for the collection,
available;
management and use of the basic data referred to in
Article 9 shall be provided in accordance with the
procedures set out in this Section.’;
(e) a list of projects for which a financial contribution
is sought;
(19) Article 23 is deleted;
(f) the overall expenditure planned for carrying out
the projects;
(20) Article 24 is amended as follows:
(g) a schedule for completion in respect of each
(a) the heading is replaced by the following:
project listed in the annual fisheries control
programme;
‘Commission financing decision’;
(b) paragraph 1 is replaced by the following:
(h) a list of indicators to be used to assess the efficacy
of the annual fisheries control programme.
‘1. On the basis of the multiannual programmes
submitted by the Member States in accordance with
2. For
each
project,
the
annual
fisheries
control
Article 4(4) of Regulation (EC) No 199/2008 and
programme shall specify the measure referred to in
approved by the Commission in accordance with
Article 8(a) to which it relates, the aim of the
Article 6(3) of that Regulation, decisions on the
project and a detailed description thereof, including
Union financial contribution to the national
the following particulars: the owner, the location, the
programmes shall be taken each year, in accordance
estimated cost, the timetable for completion of the
with the examination procedure referred to in
project and the public procurement procedure to be
Article 30(2).’;
followed. When a project is conducted jointly by more
than one Member State, the annual fisheries control
programme shall also include a list of the Member
(c) paragraph 2 is deleted;

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L 192/38
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Official Journal of the European Union
22.7.2011
(21) Article 30 is replaced by the following:
(23) Article 32 is replaced by the following:
‘Article 30
‘Article 32
Committee procedure
Repeal of obsolete acts
1. The
Commission
shall
be
assisted
by
the
Committee
for Fisheries and Aquaculture established by Article 30(1)
Regulation (EC) No 657/2000 and Decisions 2000/439/EC
of Regulation (EC) No 2371/2002. That committee shall
and 2004/465/EC are hereby repealed with effect from
be a committee within the meaning of Regulation (EU)
1 January 2007. Nevertheless, the rules set out in the
No 182/2011 of the European Parliament and of the
second indent of Article 3 and in Articles 4 and 6 of
Council of 16 February 2011 laying down the rules and
Decision 2000/439/EC and the Annex thereto, as
general principles concerning mechanisms for control by
applicable on 31 December 2006, shall apply by
Member States of the Commission’s exercise of imple
analogy to the national programmes for the collection,
menting powers (*).
management and use of data for the years 2007 and
2008.’.
2. Where
reference
is
made
to
this
paragraph,
Article
5
of Regulation (EU) No 182/2011 shall apply.
Article 2
This Regulation shall enter into force on the day following its
___________
publication in the Official Journal of the European Union.
(*) OJ L 55, 28.2.2011, p. 13.’;
(22) Article 31 is deleted;
Point 23 of Article 1 shall apply from 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 6 July 2011.
For the European Parliament
For the Council
The President
The President
J. BUZEK
M. DOWGIELEWICZ

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