Commission Regulation (EU) No 395/2010 of 7 May 2010 amending Commission Regulation (EC) No 1010/2009 as regards administrative arrangements on catch certificates

• Published date: 08 May 2010
• Subject Matter: Fisheries policy
• Official Gazette Publication: Official Journal of the European Union, L 115, 08 May 2010

8.5.2010 EN Official Journal of the European Union L 115/1

---

COMMISSION REGULATION (EU) No 395/2010

of 7 May 2010

amending Commission Regulation (EC) No 1010/2009 as regards administrative arrangements on catch certificates

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1005/2008 (1) of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, in particular Articles 12(4), 14(3), 20(4) and 52 thereof,

Whereas:

(1) 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 Commission Regulation (EC) No 1010/2009 of 22 October 2009 laying down detailed rules for the implementation of Regulation (EC) No 1005/2008 (2). Since new administrative arrangements on catch certificates have been agreed, that Annex should be updated.

(2) Regulation (EC) No 1010/2009 should be amended accordingly.

(3) The administrative arrangements on catch certificates, set out in the Annex, are based on electronic traceability systems that have been in place prior to the entry into force of Regulation (EC) No 1005/2008 hence this Regulation should apply as from 1 January 2010.

(4) 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

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

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

Article 2

Entry into force

This Regulation shall enter into force on the seventh day following 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, 7 May 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.

---

ANNEX

The following Sections 4, 5 and 6 are added in Annex IX to Regulation (EC) No 1010/2009:

‘Section 4

ICELAND

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 to that Regulation shall, as of 1 January 2010, be replaced — for fisheries products obtained from catches made by fishing vessels flying the Icelandic flag — by the Icelandic catch certificate, based on the Icelandic System on weighing and recording of catches, which is an electronic traceability system under the control of the Icelandic authorities ensuring the same level of control by authorities as required under the EU catch certification scheme.

A specimen of the Icelandic catch certificate is given in the Appendix.

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

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

MUTUAL ASSISTANCE

Mutual assistance pursuant to Article 51 of Regulation...