Commission Regulation (EU) No 86/2010

of 29 January 2010

amending Annex I to Council Regulation (EC) No 1005/2008 as regards the definition of fishery products and amending Commission Regulation (EC) No 1010/2009 as regards exchange of information on inspections of third country vessels and administrative arrangements on catch certificates

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the European Union and to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing [1], in particular Articles 9(1), 12(5), 51(3) and 52 thereof,

Whereas:

(1) Regulation (EC) No 1005/2008 applies to fishery products falling under the definition given in its Article 2. Annex I to that Regulation lists the products excluded from the definition of fishery products. That list may be reviewed each year and should now be amended on the basis of new information gathered under the administrative cooperation with third countries provided for in Article 20(4) of Regulation (EC) No 1005/2008.

(2) Commission Regulation (EC) No 1010/2009 of 22 October 2009 laying down detailed rules for the implementation of Regulation (EC) No 1005/2008 sets, inter alia, benchmarks for the conduct of port inspections by Member States [2]. In order for Member States to implement the inspection benchmarks set out in Article 4(c) and (d) of that Regulation, information on inspections of third country vessels should be transmitted electronically to the Commission who shall make that information available to other Member States.

(3) Administrative arrangements by which catch certificates are established, validated or submitted by electronic means or replaced by electronic traceability systems ensuring the same level of control by authorities are to be listed in Annex IX to Regulation (EC) No 1010/2009. Since new administrative arrangements on catch certificates have been agreed, that Annex should be updated.

(4) Regulations (EC) No 1005/2008 and 1010/2009 should be amended accordingly.

(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 1005/2008

Annex I to Regulation (EC) No 1005/2008 is amended as set out in Annex I to this Regulation.

Article 2

Amendments to Regulation (EC) No 1010/2009

Regulation (EC) No 1010/2009 is amended as follows:

1. In Article 4, the following paragraph is added:

"In respect of points (c) and (d) of the first paragraph, Member States shall without delay report to the Commission the name and the flag of the third country vessel inspected and the date of inspection. The Commission shall make this information available to other Member States."

2. Annex IX is amended as set out in Annex II to this Regulation.

Article 3

Entry into force

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 January 2010.

For the Commission

The President

José Manuel Barroso

[1] OJ L 286, 29.10.2008, p. 1.

[2] OJ L 280, 27.10.2009, p. 5.

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ANNEX I

Annex I of Regulation (EC) No 1005/2008 is amended as follows:

"ex Chapter 3 ex1604 ex1605 | Aquaculture products obtained from fry or larvae |

030110 [1] | Ornamental fish, live |

ex030191 | Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), live, caught in freshwater |

ex03019200 | Eels (Anguilla spp.), live, caught in freshwater |

03019300 | Carp, live |

ex03019911 | Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), live, caught in freshwater |

03019919 | Other freshwater fish, live |

ex030211 | Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |

ex03021200 | Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |

ex03021900 | Other Salmonidae, fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |

ex03026600 | Eels (Anguilla spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |

03026911 | Carp, fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |

03026915 | Tilapia (Oreochromis spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |

03026918 | Other freshwater fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |

ex03027000 | Livers and roes, fresh or chilled, of other freshwater fish |

ex03031100 | Sockeye salmon (red salmon) (Oncorhynchus nerka), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |

ex03031900 | Other Pacific salmon (Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |

ex030321 | Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |

ex03032200 | Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |

ex03032900 | Other salmonidae, excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |

ex03037600 | Eels (Anguilla spp.), frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |

03037911 | Carp, frozen, excluding fish fillets and other fish meat of heading 0304 |

03037919 | Other freshwater fish, frozen, excluding fish fillets and other fish meat of heading 0304 |

ex030380 | Livers and roes, frozen, of other freshwater fish |

03041901 | Fish fillets, fresh or chilled, of Nile perch (Lates niloticus) |

03041903 | Fish fillets, fresh or chilled, of pangasius (Pangasius spp.) |

ex03041913 | Fish fillets, fresh or chilled, of Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), caught in freshwater |

ex03041915 | Fish fillets, fresh or chilled, of the species Oncorhynchus mykiss weighing more than 400 g each, caught in freshwater |

ex03041917 | Fish fillets, fresh or chilled, of trout of the species Salmo trutta, Oncorhynchus mykiss (weighing 400 g or less), Oncorhynchus clarki, Oncorhynchus aguabonita and Oncorhynchus gilae, caught in freshwater |

03041918 | Fish fillets, fresh or chilled, of other freshwater fish |

03041991 | Other fish meat (whether or not minced), fresh or chilled, of freshwater fish |

03042901 | Frozen fillets of Nile perch (Lates niloticus) |

03042903 | Frozen fillets of pangasius (Pangasius spp.) |

03042905 | Frozen fillets of Tilapia (Oreochromis spp.) |

ex03042913 | Frozen fillets of Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), caught in freshwater |

ex03042915 | Frozen fillets of Oncorhynchus mykiss weighing more than 400 g each, caught in freshwater |

ex03042917 | Frozen fillets of trout of the species Salmo trutta, Oncorhynchus mykiss (weighing 400 g or less), Oncorhynchus clarki, Oncorhynchus aguabonita and Oncorhynchus gilae, caught in freshwater |

03042918 | Frozen fillets of other freshwater fish |

03049921 | Other fish meat (whether or not minced), frozen, of freshwater fish |

03051000 | Flours, meals and pellets of fish, fit for human consumption |

ex03052000 | Livers and roes of freshwater fish, dried, smoked, salted or in brine |

ex03053030 | Fish fillets, salted or in brine, of Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), caught in freshwater |

ex03053090 | Fish fillets, dried, salted or in brine, but not smoked, of other freshwater fish |

ex03054100 | Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), smoked, including fillets, caught in freshwater |

ex03054945 | Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), smoked, including fillets, caught in freshwater |

ex03054950 | Eels (Anguilla spp.), smoked, including fillets, caught in freshwater |

ex03054980 | Other freshwater fish, smoked, including fillets |

ex03055980 | Other freshwater fish, dried, whether or not salted, but not smoked |

ex03056950 | Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), in brine or salted but not dried or smoked, caught in freshwater |

ex03056980 | Other freshwater fish, in brine or salted but not dried or smoked |

03061910 | Freshwater crayfish, frozen |

ex03061990 | Flours, meals and pellets of crustaceans, frozen, fit for human consumption |

03062910 | Freshwater crayfish, live, fresh, chilled, dried, salted or in brine, in shell, cooked by steaming or by boiling in water, whether or not chilled, dried salted or in brine |

ex03062990 | Flours, meals and pellets of crustaceans, not frozen, fit for human consumption |

030710 | Oysters, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine |

03072100 | Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, live, fresh or chilled |

030729 | Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, other than live, fresh or chilled |

030731 | Mussels (Mytilus spp., Perna spp.), live, fresh or chilled |

030739 | Mussels (Mytilus spp., Perna spp.), other than live, fresh or chilled |

03076000 | Snails, other than sea snails, live, fresh, chilled, frozen, dried, salted or in brine |

ex03079100 | Other aquatic invertebrates other than crustaceans and those molluscs specified or included in subheadings 03071010 to 03076000, except Illex spp. and cuttlefish of the species Sepia pharaonis, live, fresh or chilled |

03079913 | Striped venus and other species of the family Veneridae, frozen |

03079915 | Jellyfish (Rhopilema spp.), frozen |

ex03079918 | Other aquatic invertebrates other than crustaceans and those molluscs specified or included in subheadings 03071010 to 03076000 and 03079911 to 03079915, except cuttlefish of the species Sepia pharaonis, including flours, meal and pellets of aquatic invertebrates other than crustaceans, fit for human consumption, frozen |

ex03079990 | Other aquatic invertebrates other than crustaceans and those molluscs specified or included in subheadings 03071010 to 03076000, except Illex spp. and cuttlefish of the species Sepia pharaonis, including flours, meal and pellets of aquatic invertebrates other than crustaceans, fit for human consumption, dried, salted or in brine |

ex16041100 | Salmon, caught in freshwater, prepared or preserved, whole or in pieces, but not minced |

ex16041910 | Salmonidae, other than salmon, caught in freshwater, prepared or preserved, whole or in pieces, but not minced |

ex16042010 | Salmon, caught in freshwater, otherwise prepared or preserved (other than whole or in pieces, but not minced) |

ex16042030 | Salmonidae, other than salmon, caught in freshwater, otherwise prepared or preserved (other than whole or in pieces, but not minced) |

ex16041991 | Fillets of freshwater fish, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, frozen |

ex16054000 | Freshwater crayfish, prepared or preserved |

16059011 | Mussels (Mytilus spp., Perna spp.), prepared or preserved, in airtight containers |

16059019 | Mussels (Mytilus spp., Perna spp.), prepared or preserved, other than in airtight containers |

ex16059030 | Scallops, oysters and snails, prepared or preserved |

16059090 | Other aquatic invertebrates, other than molluscs, prepared or preserved |

[*] CN codes correspond to Commission Regulation (EC) No 948/2009 (OJ L 287, 31.10.2009)."

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ANNEX II

The following text is inserted into Annex IX to Regulation (EC) No 1010/2009:

"Section 1

NORWAY

CATCH CERTIFICATION SCHEME

Norway shall require a catch certificate for landings and imports to Norway of catches made by fishing vessels flying the flag of a Member State of the European Community.

In accordance with Article 12(4) of Regulation (EC) No 1005/2008, the catch certificate provided for in Article 12 and Annex II of Regulation (EC) No 1005/2008 shall, as of 1 January 2010, be replaced — for fisheries products obtained from catches made by fishing vessels flying the flag of Norway — by a Norwegian catch certificate based on the Norwegian system of sales notes, which is an electronic traceability system under the control of the Norwegian authorities ensuring the same level of control by authorities as required under the Community catch certification scheme.

A specimen of a Norwegian catch certificate is given in the Appendix.

The Norwegian system of sales notes shall also be used to issue and validate a catch certificate for export consignments from Norway to the European Community of conventional fishery products including stock-fish, salted fish and salted and dried klippfish, using raw material from small fishing vessels and/or involving production comprising several steps in the production process, in accordance with entry 7. bis of the attached specimen.

Documents referred to in Article 14(1) and (2) of Regulation (EC) No 1005/2008 may be established, validated and submitted by electronic means.

MUTUAL ASSISTANCE

Mutual assistance under Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and administrative cooperation between respective competent authorities in Norway and the Member States of the European Community, based on detailed rules on mutual assistance laid down in Commission Regulation (EC) No 1010/2009.

Appendix

Catch certification scheme for fishery products exported from Norway to the European Community under Articles 12 (4) and 20 (4) of Council Regulation EC 1005/2008 and the Commission Regulation laying down the detailed rules for the implementation of the same Regulation to replace the European Community catch certificate

Page 1 of 2

Document No

1. Issued and validated electronically by

Address

Telephone number

Telefax number

2. Fishing vessel Name

Flag — Home port and registration number

Call sign

IMO/Lloyds Number (if issued)

Fishing licence No. — Valid to

Inmarsat number, telefax number, telephone number. E-mail address (if issued)

3. Description of product

Type of processing authorised on board

4. References of applicable conservation and management measures

Species

Product code

Catch area(s) and dates

Verified landed weight (kg), (Estimated weight to be landed if direct landing to EC port)

5. Name of master of fishing vessel

(not applicable if direct landing in an EU port)

Number of sales note with masters original signature

(original signature not applicable if direct landing in an EU port)

6. If transhipment at sea, date, area and position

7. If transhipment within a port area, date and name of port

Name of buyer or receiver of the fish

Receiving vessel name

Call sign

IMO/Lloyds number (if issued)

7. bis Provisions for consignments of stock fish, salted fish and salted and dried fish (klippfish) under CN 03.05.

Name of producer responsible for keeping record of all sales notes containing information of the raw material used in the production. List document number for each sales note.

Address

Telephone number

Telefax number

Type of fishery product

Species

Product CN code

Product weight (kg) in the consignment

8. Name and address of exporter

Signature

Date

9. Flag State Authority Validation: This certificate is issued and validated electronically in accordance with the catch certification scheme for fishery products exported from Norway to the European Community under Articles 12 (4) and 20 (4) of Council Regulation EC 1005/2008 and the Commission Regulation laying down the detailed rules for the implementation of the same Regulation

Ref: www.catchcertificate.no

10. Transport details, country of exportation

Port / airport / other place of departure

Vessel name and flag

Container number(s): list attached.

Name

Address

Flight number/airway bill number

Truck nationality and reg.number

Railway bill number

Other transport documents

+++++ TIFF +++++

Catch certification scheme for fishery products exported from Norway to the European Community under Articles 12 (4) and 20 (4) of Council Regulation (EC) No 1005/2008 and the Commission Regulation laying down the detailed rules for the implementation of the same Regulation to replace the European Community catch certificate

Page 2 of 2

11. Importer declaration: Name and address of importer

Signature

Date

Seal

Product CN code

Documents under Articles 14(1), (2) of Regulation (EC 1005/2008)

References

12. Import control: Authority

Place

Importation authorised *

Importation suspended *

Verification requested — date

Customs declaration (if issued)

Number

Date

Place

* Tick as appropriate

+++++ TIFF +++++

Section 2

UNITED STATES

CATCH CERTIFICATION SCHEME

In accordance with Article 12(4) of Regulation (EC) No 1005/2008, the catch certificate provided in Article 12 and Annex II of Regulation (EC) No 1005/2008 shall be replaced — for fisheries products obtained from catches made by fishing vessels flying the flag of the United States — by the US catch certificate, supported by electronic reporting and record keeping systems under the control of the US authorities ensuring the same level of control by authorities as required under the Community catch certification scheme.

A specimen of the US catch certificate, which shall replace the European Community Catch Certificate and Re-export Certificate as from 1 January 2010, is given in the Appendix.

MUTUAL ASSISTANCE

Mutual assistance under Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and administrative cooperation between respective competent authorities in the United States and Member States of the European Community, based on detailed rules on mutual assistance laid down in Commission Regulation (EC) No 1010/2009.

Appendix

+++++ TIFF +++++

+++++ TIFF +++++

Section 3

NEW ZEALAND

CATCH CERTIFICATION SCHEME

In accordance with Article 12(4) of Regulation (EC) No 1005/2008, the catch certificate provided for in Article 12 and Annex II of Regulation (EC) No 1005/2008 shall be replaced — for fisheries products obtained from catches made by fishing vessels flying the flag of New Zealand — by the New Zealand catch certificate, which is an electronic traceability and certification system under the control of the New Zealand authorities ensuring the same level of control by authorities as required under the Community catch certification scheme.

A specimen of the New Zealand catch certificate, which shall replace the European Community Catch Certificate and Re-export Certificate for catches by fishing vessels registered in New Zealand and which are landed in New Zealand from 1 January 2010, is given in Appendix I.

Supporting explanatory notes on the New Zealand catch certificate are given in Appendix II.

Documents referred to in Article 14(1) and (2) of Regulation (EC) No 1005/2008 may be communicated by electronic means.

MUTUAL ASSISTANCE

Mutual assistance under Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and assistance between respective competent authorities in New Zealand and Member States of the European Community, based on detailed rules on mutual assistance laid down in Commission Regulation (EC) No 1010/2009.

Appendix I

Specimen of the New Zealand catch certificate

+++++ TIFF +++++

+++++ TIFF +++++

Appendix II

Supporting explanatory notes on the New Zealand catch certificate

The "consignor" is the "exporter"

Any information included in an "unofficial information" box and information that follows the New Zealand government signatures is not validated by the New Zealand government.

"

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