Verordening 2010/1236 - Controle- en handhavingsregeling voor het gebied dat onder het Verdrag inzake toekomstige multilaterale samenwerking op visserijgebied in het noordoostelijke deel van de Atlantische Oceaan valt - Hoofdinhoud

Inhoudsopgave

Samenvatting van Wetgeving
Wettekst

1. Samenvatting van Wetgeving

Future international cooperation in north-east Atlantic fisheries

SUMMARY OF:

Regulation (EU) No 1236/2010 control and enforcement system for the north-east Atlantic fisheries area

Convention on cooperation in north-east Atlantic fisheries

WHAT IS THE AIM OF THE REGULATION?

It aims to promote international cooperation on the conservation, control and good management of the fisheries in the north-east Atlantic area.

It enacts the Convention on Multilateral Cooperation in North-East Atlantic Fisheries which sets out rules for cooperation on the conservation and management of fisheries.

In particular, the regulation implements the NEAFC Scheme of Control and Enforcement, which provides for

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control and enforcement measures for vessels flying the flag of its contracting parties;
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arrangements for inspections at sea;
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surveillance; and
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infringement procedures.

KEY POINTS

The scheme creates a new port state control system which will effectively close European ports to landings and transhipments* of frozen fish which have not been verified to be legal.

EU countries must:

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designate a competent authority which acts as the contact point to receive surveillance and inspection reports, available 24 hours a day;
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send the European Commission a list of all vessels flying their flag registered in the EU that are authorised to fish in the area covered by the regulation;
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undertake to retrieve on a regular basis lost fishing gear belonging to vessels flying their flag.

Vessel masters must:

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log each entry and exit from the regulatory area*, the estimated cumulative catch, the amount of fish discarded, and the fishing depth;
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send catch reports to their Fisheries Monitoring Centre*, which can then be accessed by the Commission.

Masters of vessels which process and/or freeze their catch must record the species and type of product and stow fish products in the hold in a way that allows each species to be identified from a stowage plan kept on board. When frozen, all fish must be identified with a clearly legible label or stamp.

When more than 10 EU fishing vessels are engaged in fishing activities* carried out in the regulatory area, an inspection vessel will be present.

Each EU country must inspect at least 5% of landings or transhipments of fresh fish and at least 7.5% of frozen fish in its ports during each reporting year.

When inspectors find that a fishing vessel has engaged in activity contrary to NEAFC conservation and management measures, they shall record and report the infringement.

Serious infringements include:

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fishing without authorisation;
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fishing without quota;
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using prohibited fishing gear;
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misrecording catches;
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falsifying the marking or identity of vessels;
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preventing an inspector from carrying out their duties.

EU countries’ inspectors must also report any unauthorised vessels they record to the Commission.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 1 January 2011.

BACKGROUND

The north-east Atlantic is one of the most abundant fishing areas in the world. The Convention on Multilateral Cooperation in North East Atlantic Fisheries entered into force in November 1982. The contracting parties to the Convention are the EU, the Faroe Islands, Greenland, Iceland, Norway and the Russian Federation, and the area covered stretches from the southern tip of Greenland, east to the Barents Sea and south to Portugal.

In 2006, the North-East Atlantic Fisheries Commission (NEAFC) adopted a recommendation establishing a scheme of control and enforcement on fishing vessels operating in the area covered by the Convention.

It also included rules for vessels flying the flag of a non-contracting party to ensure full respect of conservation and management measures adopted by the NEAFC.

The NEAFC has recommended removing a number of vessels that have been engaged in illegal, unreported and unregulated fisheries.

Similar rules are in force in EU waters under the common fisheries policy.

KEY TERMS

Transhipment: the transfer of a catch from one fishing boat to another which then incorporates it into a larger batch for shipment.

Regulatory area: the waters covered by the convention which lie beyond the jurisdiction of the contracting parties. See map.

Fisheries Monitoring Centre: an operational centre based in an EU country which can receive, process and transmit fisheries data.

Fishing activities: fishing, fish processing operations, the transhipment or landing of fish or fish products, and any other commercial activity in preparation for or related to fishing, including packaging, transporting, refuelling or resupplying.

MAIN DOCUMENTS

Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999 (OJ L 348, 31.12.2010, pp. 17-33)

Successive amendments to Regulation (EU) No 1236/2010 have been incorporated into the original document. This consolidated version is of documentary value only.

Convention on future multilateral cooperation in North- East Atlantic fisheries (OJ L 227, 12.8.1981, pp. 22-35)

2. Wettekst

Verordening (EU) nr. 1236/2010 van het Europees Parlement en de Raad van 15 december 2010 tot vaststelling van een controle- en handhavingsregeling voor het gebied dat onder het Verdrag inzake toekomstige multilaterale samenwerking op visserijgebied in het noordoostelijke deel van de Atlantische Oceaan valt en tot intrekking van Verordening (EG) nr. 2791/1999 van de Raad