Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy

• Published date: 14 July 2020
• Official Gazette Publication: Gazzetta ufficiale dell’Unione europea, L 112, 30 aprile 2011,Diario Oficial de la Unión Europea, L 112, 30 de abril de 2011,Journal officiel de l’Union européenne, L 112, 30 avril 2011

02011R0404 — EN — 14.07.2020 — 005.001

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►B COMMISSION IMPLEMENTING REGULATION (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112 30.4.2011, p. 1)

Amended by:

		Official Journal
		No	page	date
►M1	COMMISSION IMPLEMENTING REGULATION (EU) 2015/1962 of 28 October 2015	L 287	6	31.10.2015
►M2	COMMISSION IMPLEMENTING REGULATION (EU) 2020/30 of 14 January 2020	L 9	3	15.1.2020
M3	COMMISSION IMPLEMENTING REGULATION (EU) 2020/863 of 22 June 2020	L 200	1	24.6.2020

Corrected by:

►C1 Corrigendum, OJ L 328, 10.12.2011, p. 58 (404/2011)

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COMMISSION IMPLEMENTING REGULATION (EU) No 404/2011

of 8 April 2011

laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy

TITLE I

GENERAL PROVISIONS

SCOPE

Article 1

Subject matter

This Regulation lays down detailed rules for the application of the control system of the European Union as established by the Control Regulation.

Article 2

Definitions

For the purpose of this Regulation the following definitions shall apply:

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(1)

‘Union fishing vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;

(2)

‘Union waters’ means waters defined in point (1) of Article 4(1) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ( 1 );

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(3)

‘holder of a fishing licence’ means a natural or legal person to whom a fishing licence as referred to Article 6 of the Control Regulation has been issued;

(4)

‘Union inspectors’ means inspectors as defined in Article 4(7) of the Control Regulation;

(5)

‘fish aggregating device’ means any equipment floating on the sea surface or anchored with the objective of attracting fish;

(6)

‘passive gear’ means any fishing gear the catch operation of which does not require an active movement of the gear, including:

(a)

gillnets, entangling nets, trammel nets, and trap nets;

(b)

drifting gillnets, and drifting trammel nets, any of which may be equipped with anchoring, floating and navigational gear;

(c)

long lines, lines, pots and traps;

(7)

‘beam trawl’ means any towed trawl in which the mouth of the trawl is held open by a beam or similar device, irrespectively of whether they are supported or not when dragged along the seabed;

(8)

‘vessel monitoring system’ (VMS) as referred to in Article 9(1) of the Control Regulation means a satellite-based fishing vessel monitoring system providing to the fisheries authorities data at regular intervals on the location, course and speed of vessels;

(9)

‘satellite-tracking device’ as referred to in Article 4(12) of the Control Regulation means a device installed on board of a fishing vessel that transmits position and related data automatically to the fisheries monitoring centre according to the legal requirements and that allows detection and identification of the fishing vessel at all times;

(10)

‘fishing trip’ means any voyage of a fishing vessel during which fishing activities are conducted that starts at the moment when the fishing vessel leaves a port and ends on arrival in port;

(11)

‘fishing operation’ means all activities in connection with searching for fish, the shooting, towing and hauling of active gears, setting, soaking, removing or resetting of passive gears and the removal of any catch from the gear, keep nets, or from a transport cage to fattening and farming cages;

(12)

‘electronic fishing logbook’ means the record by computerised means of fishing operation details by the master of a fishing vessel transmitted to the Member State authorities;

(13)

‘product presentation’ means a description of the processed state of the fisheries product or part thereof in accordance with the codes and descriptions in Annex I;

(14)

‘European Fisheries Control Agency’ means the agency as defined in Article 1 of Council Regulation (EC) No 768/2005 ( 2 );

(15)

‘sighting’ means any observation of a fishing vessel by any competent authority of a Member State;

(16)

‘commercially sensitive information’ means information the release of which is likely to prejudice the commercial interests of an operator;

(17)

‘computerised validation system’ means a system capable of verifying that all data recorded in Member States databases is accurate, complete and submitted within the deadlines;

(18)

‘web service’ means a software system designed to support interoperable machine-to-machine interaction over a network.

TITLE II

GENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES

CHAPTER I

Fishing licenses

Article 3

Issue and management of fishing licences

1. A fishing licence referred to in Article 6 of the Control Regulation shall be valid for one ►M1 Union fishing vessel ◄ only.

2. Fishing licences referred to in Article 6 of the Control Regulation shall be issued, managed and withdrawn by Member States for their fishing vessels in accordance with this Regulation.

3. Fishing licences referred to in Article 6 of the Control Regulation shall contain as a minimum the information set out in Annex II.

4. Fishing licences issued in accordance with Regulation (EC) No 1281/2005 shall be considered as fishing licences issued in accordance with this Regulation if they contain the minimum information required by paragraph 3 of this Article.

5. A fishing licence shall only be valid if the conditions on the basis of which it has been issued are still met.

6. If a fishing licence has been temporarily suspended or permanently withdrawn, the authorities of the flag Member State shall immediately inform the holder of the fishing licence.

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7. At any moment the total capacity corresponding to the fishing licences issued by a Member State, in Gross Tonnage (GT) or kilowatt (kW), shall not be higher than the maximum capacity levels for that Member State established in accordance with Article 22(7) of Regulation (EU) No 1380/2013.

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CHAPTER II

Fishing authorisations

Article 4

Fishing authorisations

1. A fishing authorisation referred to in Article 7 of the Control Regulation shall be valid for one ►M1 Union fishing vessel ◄ only.

2. Fishing authorisations referred to in Article 7 of the Control Regulation shall contain as a minimum the information set out in Annex III. The flag Member State shall ensure that the information contained in the fishing authorisation is accurate and consistent with the rules of the Common Fisheries Policy.

3. Special fishing permits issued in accordance with Council Regulation (EC) No 1627/94 ( 3 ) shall be considered as fishing authorisations issued in accordance with this Regulation if they contain the minimum information required by paragraph 2 of this Article.

4. A fishing authorisation as referred to in paragraph 2 and a fishing licence as referred to in Article 3(2) of this Regulation may be contained in the same document.

5. Without prejudice to special rules ►M1 Union fishing vessels ◄ of less than 10 metres’ length overall which fish exclusively in the territorial waters of their flag Member States shall be excluded from the obligation to a have a fishing authorisation.

6. Paragraph 2 and paragraph 5 of Article 3 of this Regulation shall apply correspondingly.

Article 5

List of fishing authorisations

1. Without prejudice to special rules, when the websites as referred to in Article 114 of the Control Regulation have become operational and not later than 1 January 2012 Member States shall make available on the secure part of their official websites the list of their fishing vessels that have received fishing authorisations referred to in Article 7 of the Control Regulation before these fishing authorisations become valid. They shall update their list in case of any changes to this list before they become effective.

2. For the period 1 January 2011 until 31 December 2011, on request Member States shall make available to the Commission a list of their fishing vessels that have received fishing authorisations for 2011. They shall inform the Commission of any changes to this list before these changes become effective.

CHAPTER III

Marking and identification of ►M1 Union fishing vessels ◄ and their gear

Section 1

Marking and identification of fishing vessels

Article 6

Marking of fishing vessels

A ►M1 Union fishing vessel ◄ shall be marked as follows:

(a)

the letter(s) of the port or district in which the ►M1 Union fishing vessels ◄ is registered and the number(s) under which it is registered shall be painted or displayed on both sides of the bow, as high above the water as possible so as to be clearly visible from the sea and the air, in a colour contrasting with the background on which they are painted;

(b)

for ►M1 Union fishing vessels ◄ over 10 metres length overall and less than 17 metres...