Conditions for weighing systems, equipment and control tools
1. A port may only be listed pursuant to Article 14(6) of the Control Regulation if it is equipped with all the following weighing systems, equipment, and control tools to ensure the accuracy of catch reporting and the necessary control thereof:
(a)
a remote electronic monitoring system with closed-circuit television (CCTV) cameras allowing the competent authorities of the coastal Member State to monitor the landing, transhipment, and weighing of all catches of fisheries covered by Article 14(4), point (a), of the Control Regulation;
(b)
a weighbridge or a crane weighing system to be used for the weighing of all catches of fisheries covered by Article 14(4), point (a), of the Control Regulation;
(c)
one or more water separators to enable dewatering of catches at landing prior to their weighing for fisheries referred to in Article 15(1), point (a), first and third indents of Regulation (EU) No 1380/2013; and
(d)
an automated or semi-automated sampling chute accessible by both operators and inspectors to ensure the impartiality of samples taken in accordance with applicable sample weighing procedures for fisheries referred to in Article 15(1), point (a), first and third indents of Regulation (EU) No 1380/2013.
2. By way of derogation from paragraph 1, the weighing systems, equipment and control tools referred to in that paragraph may be replaced by equivalent technology or system with equipment capable of ensuring the same level of accuracy of weighing and catch registration at landing or transhipment.
For the identification of the equivalent technology or system, aspects such as the dimensions of the port, its seasonal use, the small quantities of catches landed, and the content of a control plan or common control programme approved by the Commission may be taken into account.
Specific conditions for accurate weighing
1. A port may only be listed pursuant to Article 14(6) of the Control Regulation if it has in place procedures to ensure the accurate weighing of all catches of fisheries referred to in Article 14(4), point (a), of the Control Regulation landed or transhipped in a listed port and to ensure compliance with the requirements set out in this article.
2. The weighing referred to in paragraph 1 shall be carried out under one of the following options:
(a)
control of the competent authorities of the coastal Member State, which shall fully monitor the accuracy of the weighing of each landing and transhipment of catches of fisheries covered by Article 14(4), point (a);
(b)
responsibility of independent third-party weighers, subject to the conditions set in paragraphs 3 and 4; or
(c)
responsibility of other natural or legal persons responsible for weighing, subject to the conditions set in paragraph 5.
3. The independent third-party weigher referred to in paragraph 2(b) shall fully monitor the accuracy of the weighing of each landing and transhipment of catches of fisheries covered by Article 14(4), point (a), and shall meet the following minimum requirements:
(a)
be accredited in accordance with ISO 17020 type A or more stringent standards that confirm the independence of the third-party weigher;
(b)
be authorised by the competent authority of the coastal Member State;
(c)
be impartial, free from any conflict of interest, and in particular refrain from involvement in situations which may, directly or indirectly, affect the impartiality of their professional conduct as regards the exercise of their tasks;
(d)
maintain a record of calibration of the systems used for the weighing, including a copy of calibration certificates;
(e)
have qualified staff with adequate training applied in their area of competence, including support staff, as appropriate; and
(f)
have access to the infrastructure and equipment to carry out the tasks assigned to them.
4. Independent third-party weighers referred to in paragraph 2(b) shall complete a weighing record for each landing and transhipment of catches of fisheries referred to in Article 14(4), point (a), of the Control Regulation and transmit it to the relevant operator and to the competent authorities of the coastal Member State.
5. The other natural or legal persons referred to in paragraph 2(c) shall be authorised by the competent authorities of the coastal Member State and fully monitor the accuracy of the weighing of each landing and transhipment of catches of fisheries covered by Article 14(4), point (a), through the use of the electronic system referred to in Article 2(1)(a) or any equivalent technology, and shall provide the competent authorities of the coastal Member State with access to the monitoring data.
SECTION 2 — Third country ports
General conditions
A third country port may only be listed if:
(a)
it is located in the territory of a Contracting Party to the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal Unreported and Unregulated Fishing ( 6 ) ;
(b)
it is not located in the territory of a country identified or notified of the possibility of being identified as a non-cooperating third country, in accordance with Chapter VI of Council Regulation (EC) No 1005/2008 ( 7 ) ;
(c)
it is not located in the territory of a country identified as allowing non-sustainable fishing pursuant to Article 4(1), point (a), of Regulation (EU) No 1026/2012 of the European Parliament and of the Council ( 8 ) ; and
(d)
it is a designated port for landing activities under SFPAs or other bilateral agreements concluded by the Union and third countries or within the framework of RFMOs, where applicable.
Specific conditions for accurate weighing
1. A port located in the territory of a third country may only be listed if procedures are in place to ensure:
(a)
the accurate weighing of all catches of fisheries referred to in Article 14(4), point (a), of the Control Regulation, when landed or transhipped in its port;
(b)
that the weighing referred to in point (a) is carried out under the responsibility of an independent third-party weigher complying with the minimum requirements set out in paragraph 2; and
(c)
that the independent third-party weighers complete a weighing record for each landing and transhipment of catches of fisheries referred to in Article 14(4), point (a), of the Control Regulation and transmit it to the operator and to the competent authorities of the flag Member State of the relevant fishing vessel.
2. The independent third-party weigher shall fully monitor the accuracy of the weighing of each landing and transhipment of catches of fisheries covered by Article 14(4), point (a), and shall meet the following minimum requirements:
(a)
be accredited in accordance with ISO 17020 type A or any other equivalent or more stringent standards that confirm the independence of the third-party weigher;
(b)
be authorised to the task of accurately weighing and registering catches by the competent authority of the flag Member State;
(c)
be impartial, free from any conflict of interest, and in particular not be in a situation which may, directly or indirectly, affect the impartiality of its professional conduct as regards the exercise of their tasks;
(d)
maintain a record of calibration of the systems used for the weighing, including a copy of calibration certificates;
(e)
have qualified staff with adequate training applied in their area of competence, including support staff, as appropriate; and
(f)
have access to the infrastructure and equipment to carry out the tasks assigned to it.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
