Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community... (32009R1224)
INHALT
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006
- COUNCIL REGULATION
- (EC) No 1224/2009
- of 20 November 2009
- establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006
- TITLE I
- GENERAL PROVISIONS
- Article 1
- Subject matter
- Article 2
- Scope
- Article 3
- Relationship with international and national provisions
- Article 4
- Definitions
- TITLE II
- GENERAL PRINCIPLES
- Article 5
- General principles
- TITLE III
- GENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES
- Article 6
- Fishing licence
- Article 7
- Fishing authorisation
- Article 8
- Marking of the fishing gear
- Article 9
- Vessel monitoring system
- Article 10
- Automatic identification system
- Article 11
- Vessel detection system
- Article 12
- Transmission of data for surveillance operations
- Article 13
- New technologies
- TITLE IV
- CONTROL OF FISHERIES
- CHAPTER I
- Control of the use of fishing opportunities
- Section 1
- General provisions
- Article 14
- Completion and submission of the fishing logbook
- Article 15
- Electronic completion and transmission of fishing logbook data
- Article 16
- Fishing vessels not subject to fishing logbook requirements
- Article 17
- Prior notification
- Article 18
- Prior notification of landing in another Member State
- Article 19
- Authorisation to access to port
- Article 20
- Transhipment operations
- Article 21
- Completion and submission of the transhipment declaration
- Article 22
- Electronic completion and transmission of transhipment declaration data
- Article 23
- Completion and submission of the landing declaration
- Article 24
- Electronic completion and transmission of landing declaration data
- Article 25
- Vessels not subject to landing declaration requirements
- Section 2
- Control of fishing effort
- Article 26
- Monitoring of fishing effort
- Article 27
- Notification of fishing gear
- Article 28
- Fishing effort report
- Article 29
- Exemptions
- Article 30
- Exhaustion of fishing effort
- Article 31
- Fishing vessels excluded from the application of a fishing effort regime
- Article 32
- Detailed rules
- Section 3
- Recording and exchange of data by Member States
- Article 33
- Recording of catches and fishing effort
- Article 34
- Data on the exhaustion of fishing opportunities
- Section 4
- Closure of fisheries
- Article 35
- Closure of fisheries by Member States
- Article 36
- Closure of fisheries by the Commission
- Article 37
- Corrective measures
- CHAPTER II
- Control of fleet management
- Section 1
- Fishing capacity
- Article 38
- Fishing capacity
- Section 2
- Engine power
- Article 39
- Monitoring of engine power
- Article 40
- Certification of engine power
- Article 41
- Verification of engine power
- CHAPTER III
- Control of multiannual plans
- Article 42
- Transhipment in port
- Article 43
- Designated ports
- Article 44
- Separate stowage of demersal catches subject to multiannual plans
- Article 45
- Real time use of quotas
- Article 46
- National control action programmes
- CHAPTER IV
- Control of technical measures
- Section 1
- Use of fishing gear
- Article 47
- Fishing gear
- Article 48
- Retrieval of lost gear
- Article 49
- Catch composition
- Section 2
- Control of fishing restricted areas
- Article 50
- Control of fishing restricted areas
- Section 3
- Real-time closure of fisheries
- Article 51
- General provisions
- Article 52
- Trigger catch in two hauls
- Article 53
- Real-time closure by Member States
- Article 54
- Real-time closure by the Commission
- CHAPTER V
- Control of recreational fisheries
- Article 55
- Recreational fisheries
- TITLE V
- CONTROL OF MARKETING
- CHAPTER I
- General provisions
- Article 56
- Principles for the control of marketing
- Article 57
- Common marketing standards
- Article 58
- Traceability
- CHAPTER II
- Post-landing activities
- Article 59
- First sale of fisheries products
- Article 60
- Weighing of fishery products
- Article 61
- Weighing of fisheries products after transport from the place of landing
- Article 62
- Completion and submission of sales notes
- Article 63
- Electronic completion and transmission of sales notes data
- Article 64
- Content of the sales notes
- Article 65
- Exemptions from sales notes requirements
- Article 66
- Take-over declaration
- Article 67
- Electronic completion and transmission of take over declaration data
- Article 68
- Completion and submission of the transport document
- CHAPTER III
- Producer organisations and price and intervention arrangements
- Article 69
- Monitoring of producer organisations
- Article 70
- Monitoring of price and intervention arrangements
- TITLE VI
- SURVEILLANCE
- Article 71
- Sightings at sea and detection by Member States
- Article 72
- Action to be taken upon information on sightings and detection
- Article 73
- Control observers
- TITLE VII
- INSPECTION AND PROCEEDINGS
- CHAPTER I
- General provisions
- Article 74
- Conduct of inspections
- Article 75
- Duties of the operator
- Article 76
- Inspection report
- Article 77
- Admissibility of inspection and surveillance reports
- Article 78
- Electronic database
- Article 79
- Community inspectors
- CHAPTER II
- Inspections outside the waters of the inspecting Member State
- Article 80
- Inspections of fishing vessels outside the waters of the inspecting Member State
- Article 81
- Requests for authorisation
- CHAPTER III
- Infringements detected in the course of inspections
- Article 82
- Procedure in the event of an infringement
- Article 83
- Infringements detected outside the waters of the inspecting Member State
- Article 84
- Enhanced follow-up with regard to certain serious infringements
- CHAPTER IV
- Proceedings of infringements detected in the course of inspections
- Article 85
- Proceedings
- Article 86
- Transfer of proceedings
- Article 87
- Infringement detected by Community inspectors
- Article 88
- Corrective measures in the absence of proceedings by the Member State of landing or transhipment
- TITLE VIII
- ENFORCEMENT
- Article 89
- Measures to ensure compliance
- Article 90
- Sanctions for serious infringements
- Article 91
- Immediate enforcement measures
- Article 92
- Point system for serious infringements
- Article 93
- National register of infringements
- TITLE IX
- CONTROL PROGRAMMES
- Article 94
- Common control programmes
- Article 95
- Specific control and inspection programmes
- TITLE X
- EVALUATION AND CONTROL BY THE COMMISSION
- Article 96
- General principles
- Article 97
- Competences of Commission officials
- Article 98
- Verifications
- Article 99
- Autonomous inspections
- Article 100
- Audits
- Article 101
- Verification, autonomous inspection and audit reports
- Article 102
- Follow-up of verification, autonomous inspection and audit reports
- TITLE XI
- MEASURES TO ENSURE COMPLIANCE BY MEMBER STATES WITH COMMON FISHERIES POLICY OBJECTIVES
- CHAPTER I
- Financial measures
- Article 103
- Suspension and cancellation of Community financial assistance
- CHAPTER II
- Closure of fisheries
- Article 104
- Closure of fisheries for failure to comply with the common fisheries policy objectives
- CHAPTER III
- Deduction and transfers of quotas and fishing effort
- Article 105
- Deduction of quotas
- Article 106
- Deduction of fishing effort
- Article 107
- Deduction of quotas for failure to comply with the rules of the common fisheries policy
- CHAPTER IV
- Emergency measures
- Article 108
- Emergency measures
- TITLE XII
- DATA AND INFORMATION
- CHAPTER I
- Analysis and audit of data
- Article 109
- General principles for the analysis of data
- Article 110
- Access to data
- Article 111
- Exchange of data
- CHAPTER II
- Confidentiality of data
- Article 112
- Protection of personal data
- Article 113
- Confidentiality of professional and commercial secrecy
- CHAPTER III
- Official websites
- Article 114
- Official websites
- Article 115
- The publicly accessible part of the website
- Article 116
- The secure part of the website
- TITLE XIII
- IMPLEMENTATION
- Article 117
- Administrative cooperation
- Article 118
- Reporting obligations
- Article 119
- Committee procedure
- TITLE XIV
- AMENDMENTS AND REPEALS
- Article 120
- Amendments to Regulation (EC) No 768/2005
- ‘Article 7
- Assistance to the Commission and the Member States
- ‘Article 8
- Implementation of Community obligations relating to control and inspection
- ‘Article 9
- Implementation of specific control and inspection programmes
- ‘CHAPTER IIIa
- COMPETENCES OF THE AGENCY
- Article 17a
- Assignment of Agency officials as Community inspectors
- Article 17b
- Agency measures
- Article 17c
- Cooperation
- Article 17d
- Emergency unit
- Article 17e
- Tasks of the emergency unit
- Article 17f
- Multiannual work programme
- Article 17g
- Cooperation in maritime affairs
- Article 17h
- Detailed rules
- Article 121
- Amendments to other Regulations
- ‘Article 21
- Community control and enforcement system
- Article 122
- Repeals
- Article 123
- References
- TITLE XV
- FINAL PROVISIONS
- Article 124
- Entry into force
- ANNEX I
- SPECIFIC INSPECTION BENCHMARKS FOR MULTIANNUAL PLANS
- Objective
- Strategy
- Priorities
- Target benchmarks
- ANNEX II
- CORRELATION TABLE
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