(Reference for a preliminary ruling– Common fisheries policy– Regulation (EC) No1224/2009

Regulation (EU) No1380/2013

3Article2(1) of Regulation (EU) No1380/2013 of the European Parliament and of the Council of 11December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No1954/2003 and (EC) No1224/2009 and repealing Council Regulations (EC) No2371/2002 and (EC) No639/2004 and Council Decision 2004/585/EC (OJ2013 L354, p.22), which sets out the objectives of the common fisheries policy (‘the CFP’), is worded as follows:

‘The CFP shall ensure that fishing and aquaculture activities are environmentally sustainable in the long-term and are managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies.’

Regulation No1224/2009

4Article5(5) of Regulation No1224/2009, entitled ‘General principles’, provides:

‘In each Member State, a single authority shall coordinate the control activities of all national control authorities. It shall also be responsible for coordinating the collection, treatment and certification of information on fishing activities and for reporting to, cooperating with and ensuring the transmission of information to the Commission, the Community Fisheries Control Agency established in accordance with Regulation (EC) No768/2005…, other Member States and, where appropriate, third countries.’

5Article9(1) of Regulation No1224/2009, entitled ‘Vessel monitoring system’, provides:

‘Member States shall operate a satellite-based vessel monitoring system for effective monitoring of fishing activities of the fishing vessels flying their flag wherever those vessels may be and of fishing activities in the Member States’ waters.’

6Article14(1), (2) and (9) of that regulation, entitled ‘Completion and submission of the fishing logbook’, provides:

‘1.Without prejudice to specific provisions contained in multiannual plans, the master of each Union fishing vessel of 10metres’ length overall or more shall keep a fishing logbook of operations, indicating specifically, for each fishing trip, all quantities of each species caught and kept on board above 50kg of live-weight equivalent. The 50kg threshold shall apply as soon as catches of a species exceed 50kg.

2.The fishing logbook referred to in paragraph1 shall contain in particular the following information:

(a)the external identification number and the name of the fishing vessel;

(b)the [United Nations Food and Agriculture Organisation (FAO)] alpha-3 code of each species and the relevant geographical area in which the catches were taken;

(c)the date of catches;

(d)the date of departure from and of arrival to port, and the duration of the fishing trip;

(e)the type of gear, mesh size and dimension;

(f)the estimated quantities of each species in kilograms live weight, or, where appropriate, the number of individuals, including the quantities or individuals below the applicable minimum conservation reference size, as a separate entry;

(g)the number of fishing operations.

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9.The accuracy of the data recorded in the fishing logbook shall be the responsibility of the master.’

7Article15(1) and (2) of that regulation, entitled ‘Electronic completion and transmission of fishing logbook data’, states:

‘1.Masters of Union fishing vessels of 12metres’ length overall or more shall record by electronic means the information referred to in Article14, and shall send it by electronic means to the competent authority of the flag Member State at least once a day.

2.Masters of Union fishing vessels of 12metres’ length overall or more shall send the information referred to in Article14 at the request of the competent authority of the flag Member State, and shall in any event transmit the relevant fishing logbook data after the last fishing operation has been completed and before entering port.’

8Article33(1) and (2) of Regulation No1224/2009, entitled ‘Recording of catches and fishing effort’, provides:

‘1.Each flag Member State shall record all relevant data, in particular data referred to in Articles14, 21, 23, 28 and 62, on fishing opportunities as referred to in this Chapter, expressed both in terms of landings and, where appropriate, fishing effort, and shall keep the originals of those data for a period of three years or longer in accordance with national rules.

2.Without prejudice to specific rules laid down in Union legislation, before the 15th of each month, each flag Member State shall notify the Commission or the body designated by it, by computer transmission of the aggregated data:

(a)for the quantities of each stock or group of stocks subject to [total allowable catch (TAC)] or quotas landed during the preceding month, including those below the applicable minimum conservation reference size, as a separate entry;…

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9Article34 of that regulation, entitled ‘Data on the exhaustion of fishing opportunities’, provides:

‘A Member State shall inform the Commission, without delay, when it establishes that:

(a)the catches of a stock or group of stocks subject to a quota made by the fishing vessels flying its flag are deemed to have exhausted 80% of that quota;

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In such an eventuality, it shall provide the Commission, at the Commission’s request, with more detailed and more frequent information than provided for in Article33.’

10Article35(1) and (2) of that regulation, entitled ‘Closure of fisheries by Member States’, provides:

‘1.Each Member [State] shall establish the date from which:

(a)the catches of a stock or group of stocks subject to a quota made by the fishing vessels flying its flag shall be deemed to have exhausted that quota;

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2.As from the date referred to in paragraph1, the Member State concerned shall prohibit fishing either for the stock or group of stocks whose quota has been exhausted, in the relevant fishery or when carrying on board the relevant fishing gear in the geographical area where the maximum allowable fishing effort has been reached, by all or part of the fishing vessels flying its flag and in particular the retention on board, the transhipments, the relocations and the landings of fish taken after that date and shall decide on a date up to which transhipments, transfers and landings or final declarations of catches are permitted.

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11Article109 of that regulation, entitled ‘General principles for the analysis of data’, states:

‘1.Member States shall set up a computerised database for the purpose of validation of data recorded in accordance with this Regulation and a validation system no later than 31December 2013.

2.Member States shall ensure that all data recorded in accordance with this Regulation are accurate, complete and submitted within deadlines laid down in the [CFP]. In particular:

(a)Member States shall perform cross-checking, analyses and verifications of the following data through automated computerised algorithms and mechanisms:

(i)vessel monitoring system data;

(ii)fishing activities data, in particular the fishing logbook, the landing declaration, the transhipment declaration and prior notification;

(iii)data from take-over declarations, transport documents and sales notes;

(iv)data from fishing licences and fishing authorisations;

(v)data from inspection reports;

(vi)data on engine power;

(b)the following data shall also be cross-checked, analysed and verified where applicable:

(i)vessel detection system data;

(ii)data on sightings;

(iii)data relating to international fisheries agreements;

(iv)data on entries into and exits from fishing areas, maritime areas where specific rules on access to waters and resources apply, regulatory areas of regional fisheries management organisations and similar organisations and waters of a third country;

(v)automatic identification system data.

3.The validation system shall allow the immediate identification of inconsistencies, errors and missing information in the data.

4.Member States shall ensure that the database clearly displays any data inconsistencies detected by the data validation system. The database shall also flag all data that were corrected and indicate the reason for such a correction.

5.If an inconsistency in the data has been identified, the Member State concerned shall undertake the necessary investigations and, if there are reasons to suspect that an infringement has been committed, take the necessary action.

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