Regulation (EU) 2023/2842 of the European Parliament and of the Councilof 22 November 2023amending Council Regulation (EC) No 1224/2009, and amending Council Regulations (EC) No 1967/2006 and (EC) No 1005/2008 and Regulations (EU) 2016/1139, (EU) 2017/2403 and (EU) 2019/473 of the European Parliament and of the Council as regards fisheries control

Article 90(3), point (k)Using an engine power exceeding the maximum continuous engine power certified and recorded in the Member State fishing fleet register.5Article 90(3), point (l)Landing in ports of third countries without prior notification as referred to in Article 19a.5Article 90(3), point (n)Illegally disposing of fishing gear or gear at sea from a fishing vessel.5Article 90(3), point (j)Conducting any of the activities referred to in Article 90(2), point (g) in relation to a vessel engaged in IUU fishing as defined in Regulation (EC) No 1005/2008 and not listed in the IUU vessel list of the Union or of a regional fisheries management organisation.5

Annex

ANNEX IV

When calculating the value of the fishery or aquaculture products obtained as a result of committing an infringement referred to in this Annex, Member States shall consider national prices at first sale, prices identified on principal international markets relevant for the species and fishing area concerned or the prices of the European Market Observatory for Fisheries and Aquaculture Products (EUMOFA) platform, at the time when the infringement was committed.

Criteria to qualify an activity as a serious infringement in accordance with article 90(3)

ActivityCriteria

Article 90(3), point (a)

Using falsified or invalid documents, information or data, written on paper or stored in electronic form, referred to in the rules of the common fisheries policy.

(a) Documents, data or information intentionally used in the own interest or in the interest of third parties in order to obtain a benefit;

(b) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for an infringement under Article 90(3), point (a), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed.

Article 90(3), point (b)

Failing to fulfil obligations to accurately record, store and report data relating to fishing activities, including data to be transmitted by vessel monitoring systems, as well as data with regard to prior notifications, catch declarations, transhipment declarations, fishing logbooks, landing declarations, weighing records, take-over declarations, transport documents or sales notes as required under the rules of the common fisheries policy, except for obligations relating to the margin of tolerance as referred to in Article 90(3), point (c).

(a) Where fishery products related to the infringement represent 10 % or more of the total weight of the products concerned;

(b) failure to record and report catches of species subject to the landing obligation per species, haul, area, day or fishing trip, depending on the gravity of the offence to be determined by the competent authorities of the Member States taking into account, in particular, the nature and extent of the activity, including the prejudice or the level of the damage to the fishing resources and the marine environment concerned;

(c) interference with the installation or functioning of the vessel monitoring system, AIS, fishing logbook, REM system, weighing system, continuous engine power monitoring device or any other applicable monitoring system of the Member State, including its switch off, except where authorised by the competent authorities;

(d) no data and information recorded or sent to the flag Member State’s fisheries monitoring centre;

(e) failure to notify the MS authorities about malfunctioning of the vessel monitoring system, AIS, fishing logbook, REM system, or any other monitoring device or system as required under the rules of the common fisheries policy;

(f) failure to transmit data relating to fishing activities and fishing operations, including sales notes, when the landing or transhipment or the fishing operation has taken place outside the Union waters;

(g) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (b), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed.

Article 90(3), point (c)

Failing to fulfil obligations to accurately record estimates of quantities within the permitted margin of tolerance, in accordance with Article 14(3) and (4) and Article 21(3) of this Regulation and Article 13 of Regulation (EU) 2016/1139.

(a) Where the quantity of the fishery products exceeding the permitted margin of tolerance is equal to or above 100 % of the permitted margin of tolerance, calculated as permissible amount in percentage or kilograms, or, in the cases falling under Article 14(4), point (a), where the quantity of the fishery products exceeding the permitted margin of tolerance is 50 % or more of the permitted margin of tolerance, calculated as permissible amount in percentage;

(b) notwithstanding the criterion under point (a), until 10 January 2028, for species caught in the tropical tuna purse seine fisheries which are landed unsorted and that represent 2 % or more in weight of all species landed and to which Article 14(4), point (a) does not apply: where the difference between estimates recorded in the fishing logbook and the quantities landed or resulting from an inspection is equal to or higher than 25 % per species;

(c) notwithstanding the criterion under point (a), until 10 January 2028, for species covered by Article 13(1) of Regulation (EU) 2016/1139: where the difference between estimates recorded in the fishing logbook and quantities landed or resulting from an inspection is equal to or above 25 % per species;

(d) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (c), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed.

Article 90(3), point (d)

Failing to fulfil obligations relating to the characteristics or use of fishing gear, acoustic deterrent devices, selectivity or fish aggregating devices, in particular as regards marking and identification, areas, depths, periods, number of gear and mesh sizes, or of the equipment for grading, water separation or processing, or failing to comply with measures to reduce incidental catches of sensitive species as required under the rules of the common fisheries policy, unless the activity is a serious infringement under Article 90(2).

(a) Passive fishing gear and fish aggregating devices either lack any correct marking or have incorrect marking, labelling or related characteristics, affecting more than half of the fishing gear or fish aggregating devices;

(b) more than 10 % of the required number of acoustic deterrent devices are not used or more than 10 % of the required acoustic deterrent devices used are not functioning properly;

(c) the number of passive fishing gear and fish aggregating devices used exceeds by 10 % the allowed number of such gear or devices;

(d) the size of the whole or part of the active fishing gear exceeds the allowed dimension of such gear by 10 %;

(e) the selectivity characteristics of gear as required under the rules of the common fisheries policy are altered by reducing the size of those elements of a gear which determine selectivity, such as mesh size, yarn diameter or hook size, by 3 mm or 5 %, whichever is greater;

(f) failure to deploy other methods and devices in accordance with the rules of the common fisheries policy in order to optimise selectivity, such as escape panels, sorting grids or exit holes;

(g) the use of devices that obstruct or otherwise effectively diminish the selectivity characteristics of gear or the methods and devices referred to in point (f);

(h) the equipment on board for grading or water separation is used for species for which the use of such devices is prohibited, and which are subject to fishing opportunities, multiannual plans, inspection and control plans or the landing obligation;

(i) fishing gear is used in a location where the distance to the shore deviates from the allowed distance by more than 10 %, or where the sea-depth deviates from the allowed depth;

(j) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (d), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed.

Article 90(3), point (e)

Failing to bring and retain on board the fishing vessel, including through slipping, or failing to land or, where applicable, tranship or transfer, species subject to the landing obligation, including catches below the minimum conservation reference size, in breach of the rules of the common fisheries policy applicable to fisheries or fishing zones.

(a) Catches related to the infringement represent a value equal to or greater than EUR 1000, or 10 % of the total value of fishery products concerned; or quantities that are equal to or above 200 kg;

(b) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (e), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed.

Article 90(3), point (f)

Carrying out fishing activities in the area of a regional fisheries management organisation in a manner inconsistent with, or in contravention of, applicable conservation and management measures of that organisation, unless the activity is a serious infringement under Article 90(2) or under other points of Article 90(3).

(a) The infringement is qualified as a serious infringement under applicable rules of a regional fisheries management organisation;

(b) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (f), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed.

Article 90(3), point (g)

Making available on the market fishery or aquaculture products in breach of the rules of the common fisheries policy, unless the activity is a serious infringement under Article 90(2) or under other points of Article 90(3).

(a) Operators, masters or their representatives conduct the first sale with a non-registered auction centre, buyer or producer organisation;

(b) non-existent minimum mandatory information to consumers as provided for in Article 35 of Regulation (EU) No 1379/2013 for lots of 20 kg or more or which represent a value equal to or greater than EUR 1000;

(c) incomplete traceability information for lots of 20 kg or more, or which represent a value equal to or greater than EUR 1000;

(d) the products are imported in breach of Regulation (EC) No 1005/2008;

(e) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (g), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed.

Article 90(3), point (h)

Conducting recreational fishing activities in breach of the rules of the common fisheries policy or selling fishery products from recreational fisheries.

(a) Selling fishery products from recreational fisheries which represent a value equal to or greater than EUR 50 or quantities that are equal to or above 10 kg;

(b) two individuals or more of specimen retained are unauthorised or one individual or more are prohibited species;

(c) 25 % or more of specimen retained do not comply with the minimum conservation reference size;

(d) retaining quantities of species exceeding the bag or catch limits or exceeding applicable quotas by 50 %;

(e) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (h), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed.

Article 90(3), point (i)

Committing multiple infringements of the rules of the common fisheries policy.

Committing three or more infringements referred to in Article 90(3), detected in the course of the same inspection, surveillance or investigation, and which are not individually considered serious.

Article 90(3), point (j)

Conducting any of the activities referred to in Article 90(2), point (g), in relation to a vessel engaged in IUU fishing as defined in Regulation (EC) No 1005/2008 and not listed in the IUU vessel list of the Union or of a regional fisheries management organisation.

(a) Transhipping from or to, or conducting transfer operations with, participating in joint fishing operations with, supporting or supplying a vessel in relation to a fishing trip where that vessel has been used to commit a serious infringement;

(b) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (j), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed.

Article 90(3), point (k)

Using an engine power exceeding the maximum continuous engine power certified and recorded in the Member State fishing fleet register.

(a) When the difference between the verified power and the power certified and recorded is higher than 20 %;

(b) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (k), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed.

Article 90(3), point (l)

Landing in ports of third countries without prior notification as referred to in Article 19a.

The competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for an infringement under Article 90(3), point (l), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed.

Article 90(3), point (m)

Conducting business directly connected to IUU fishing, including trade in, import, export, processing and marketing of, fishery products stemming from IUU fishing.

(a) All legally required documents were not produced or submitted;

(b) importing where import has been refused under Article 18 of Regulation (EC) No 1005/2008;

(c) importing without complying with Article 16 of Regulation (EC) No 1005/2008;

(d) the vessel is included in the IUU vessel list of the Union or of a regional fisheries management organisation;

(e) the competent authority of a Member State has confirmed that the natural person or legal person concerned has committed or was held liable for a serious infringement under Article 90(3), point (m), in a final judgment or decision issued in the last 12 months before the date on which the present infringement was committed.

Article 90(3), point (n)

Illegally disposing of fishing gear or gear at sea from a fishing vessel.

(a) The disposal is deliberate and results or is likely to result in serious damage to the marine environment, including to marine biological resources and marine ecosystems;

(b) the disposal is deliberate and occurs in a fishing restricted area;

(c) the disposal is deliberate and concerns fishing gear that is prohibited under Article 7(1), points (a), (b), (c), (d) and (g), of Regulation (EU) 2019/1241.

Annex

ANNEX II

Annex II to Regulation (EC) No 1005/2008 and the Appendix to that Annex are replaced by the following:

.

Annex

ANNEX II

European Union Catch Certificate and Re-Export Certificate

Annex

Appendix

TRANSPORT DETAILS

In the case of use of multiple modes of transport or multiple shipments, the information related to the transport has to be provided for each mode of transport used for each shipment.

Contract for the International Carriage of Goods by Road.

1. Country of exportation

Port/airport/other

point of departure

1. Exporter signature

1. Point of destination

Vessel name and flag

Flight number/airway bill number

Truck nationality and registration number

Railway bill number

Freight bill number

Other transport documents (e.g. bill of lading, CMR, air waybill)

Container number(s)

list attached

NameAddressSignature