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This Regulation lays down detailed rules for the application of the Union fisheries control system as established under Regulation (EC) No 1224/2009, particularly on the control of fisheries, the surveillance and inspection of fishing activities, as well as regarding enforcement and compliance.
For the purposes of this Regulation, the following definitions shall apply:
(1)
‘holder of a fishing licence’ means a natural or legal person to whom a fishing licence has been issued;
(2)
‘vessel monitoring device’ means a tracking device, including a non-satellite mobile tracking device, as referred to in Article 9(2) and (3) of Regulation (EC) No 1224/2009.
Each Member State shall ensure that, through a vessel monitoring system (VMS) as referred to in Article 9 of Regulation (EC) No 1224/2009, its fisheries monitoring centre (FMC) effectively monitors on a continuous and systematic basis, as regards its fishing vessels and all fishing vessels authorised to conduct fishing activities in the waters under its sovereignty or jurisdiction, the speed, movements, location and the date and time of entry into and exit from all the following specific areas:
(a)
any maritime area where specific rules on access to waters and resources apply;
(b)
fishing restricted areas as defined in Article 4(14) of Regulation (EC) No 1224/2009;
(c)
regulatory and convention areas of the Regional Fisheries Management Organisations that are binding upon the Union; and
(d)
waters under the sovereignty or jurisdiction of a third country.
1. In the event of a technical or communication failure or non-functioning of the vessel monitoring device on a Union fishing vessel, the master shall, from the time the event is detected or from when they are informed by an error notification of the system or in accordance with Article 5(4) of this Regulation, whichever is the earlier, communicate the current vessel position data to the FMC of the flag Member State at least once every 4 hours. To that end, the master shall use any available telecommunication means that ensures the transmission of complete and accurate data. Member States shall decide on the telecommunication means to be used and publish this information on their official website referred to in Article 115 of Regulation (EC) No 1224/2009.
2. The FMC of the flag Member State shall enter the vessel position data referred to in paragraph 1 into the electronic database where such data are recorded upon receipt. The manual vessel position data shall be clearly distinguishable from automatic messages in the electronic database. Where appropriate, these manual vessel position data shall be transmitted without delay, in accordance with Article 60 of Commission Implementing Regulation (EU) 2025/2196 ( 4 ) .
3. Following a technical or communication failure or a non-functioning of the vessel monitoring device, a Union fishing vessel may only leave port once the vessel monitoring device is fully operational, as confirmed by the competent authorities of the flag Member State.
By way of derogation from the first subparagraph, the competent authorities of the flag Member State may authorise the fishing vessel to leave port with a non-functioning vessel monitoring device for repair or replacement, and, in exceptional cases justified by delays in such repair or replacement, subject to the terms and conditions set out in paragraphs 1 and 5 of this Article.
4. When the vessel monitoring device is installed on board, its removal for checks, repair or replacement shall be subject to the approval of the competent authorities of the flag Member State.
5. In the event of a technical or communication failure or non-functioning of the vessel monitoring device, the master of a Union fishing vessel who fails to transmit vessel position data in accordance with the terms and conditions set out in paragraph 1 shall either immediately transmit the data or return the vessel to port to conduct the necessary checks, repairs, or replacement of the vessel monitoring device.
6. Masters of third-country fishing vessels operating in Union waters shall notify, either directly or through their flag State, any technical or communication failure or non-functioning of the vessel monitoring device and transmit the information set in paragraph 1 to the FMC of the coastal Member State where the fishing activities were conducted at least once every 4 hours.
The coastal Member State shall record this information into the electronic database used for such data upon receipt.
Masters who fail to transmit vessel position data at least once every 4 hours shall either immediately transmit the data or shall leave Union waters until the necessary checks, repairs, or replacement of the vessel monitoring device have been completed.
7. For Union fishing vessels of less than 12 metres in length overall, being outside network coverage shall not be considered a technical or communication failure or non-functioning of the vessel monitoring device.
1. Where the FMC of a flag Member State has not received data transmissions in accordance with Article 23 of Implementing Regulation (EU) 2025/2196 for at least 12 consecutive hours, or has not received data transmissions in accordance with Article 4(1) of this Regulation, it shall notify the master or, where not possible, the operator of the Union fishing vessel without delay.
2. Where the lack of reception of data transmissions referred to in paragraph 1 occurs more than three times within one calendar year for a particular Union fishing vessel, the flag Member State shall ensure that the vessel monitoring device of the fishing vessel is thoroughly checked to verify its fully operational status. The flag Member State shall also investigate whether the vessel monitoring device has been tampered with. This investigation may entail the removal of such equipment for examination.
3. Where the FMC of a flag Member State has not received data transmissions as referred to in paragraph 1, and the last received position was from within the waters under the sovereignty or the jurisdiction of another Member State, it shall notify the FMC of that coastal Member State as soon as possible.
4. Where the competent authorities of a coastal Member State detect a fishing vessel flying the flag of another Member State operating in waters under its sovereignty or jurisdiction for which the relevant vessel position data have not been received, they shall notify the master of the fishing vessel, where possible, and the FMC of the flag Member State thereof.
5. Where the competent authorities of a coastal Member State detect a fishing vessel flying the flag of a third country operating in waters under its sovereignty or jurisdiction for which the relevant vessel position data have not been received, they shall notify the master of the fishing vessel, where possible, and the FMC of the flag State or any other competent authority of the third country concerned in the event of fishing vessels subject to the requirement to transmit vessel position data in accordance with Article 9(7) of Regulation (EC) No 1224/2009.
1. Member States shall use the data received pursuant to Articles 3 and 4 of this Regulation and Articles 23 and 24 of Implementing Regulation (EU) 2025/2196 for the effective monitoring of fishing activities conducted by their fishing vessels and all fishing vessels authorised to conduct fishing activities in the waters under their sovereignty or jurisdiction.
2. Flag Member States shall:
(a)
ensure that data referred to in paragraph 1 are recorded in a digital form and safely stored in computerised databases for at least three years;
(b)
take all necessary measures to ensure that they are only used for official purposes, including, as appropriate, for scientific purposes; and
(c)
take all necessary measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution, or unauthorised consultation.
1. Without prejudice to the responsibilities of the master under Articles 15, 17, 19a, 22, and 24 of Regulation (EC) No 1224/2009, in the event of a technical or communication failure or non-functioning of the electronic recording and reporting system, the master or, where applicable, their representative shall, from the time the event is detected or upon receiving an error notification from the system or in accordance with Article 8(3) of this Regulation, whichever is the earlier, communicate data from fishing logbooks, prior notifications, transhipment declarations, and landing declarations to the FMC of the flag Member State at least once every 24 hours, unless a shorter interval is required. This communication shall be carried out using any available telecommunication means that ensures the transmission of complete and accurate data, even when there are no catches on board. Member States shall decide on the telecommunication means to be used and publish this information on their official website referred to in Article 115 of Regulation (EC) No 1224/2009.
2. The FMC of the flag Member State shall record the data referred to in paragraph 1 into the electronic database used for such data upon receipt. Where appropriate, the recorded data shall be transmitted without delay, in accordance with Article 61 of Implementing Regulation (EU) 2025/2196.
3. Following a technical or communication failure or a non-functioning of the electronic recording and reporting system, a Union fishing vessel may only leave port once the system is fully operational, as confirmed by the competent authorities of the flag Member State.
By way of derogation from the first subparagraph, the competent authorities of the flag Member State may authorise the fishing vessel to leave the port with a non-functioning electronic recording and reporting system for repair or replacement, and, in exceptional cases justified by delays in such repair or replacement, subject to the conditions set out in paragraphs 1 and 4 of this Article.
4. In the event of a technical or communication failure or non-functioning of the electronic recording and reporting system, the master of a Union fishing vessel or, where applicable, their representative who fail to transmit data from fishing logbooks, transhipment declarations, prior notifications, or landing declarations in accordance with the terms and conditions set out in paragraph 1, shall either immediately transmit the data or shall return the vessel to port to conduct the necessary checks, repair, or replacement of the electronic recording and reporting system.
5. Masters of third-country fishing vessels operating in Union waters shall notify, either directly or through their flag State, any technical or communication failure or non-functioning of the electronic recording and reporting system and transmit the information referred to in paragraph 1 to the FMC of the coastal Member State where the fishing activities were conducted. The coastal Member State shall record this information into the electronic database used for such data upon receipt.
Masters who fail to transmit data at the intervals referred to in paragraph 1 shall either immediately transmit such data or shall leave Union waters until the necessary checks, repairs, or replacement of the electronic recording and reporting system have been completed.
6. For Union catching vessels of less than 12 metres in length overall, being outside network coverage shall not be considered a technical or communication failure or non-functioning.
1. Where the FMC of a flag Member State has not received data transmissions in accordance with Articles 15, 17, 19a, 22, and 24 of Regulation (EC) No 1224/2009 for at least 12 consecutive hours after the scheduled transmission deadline, or has not received data transmissions in accordance with Article 7(1) of this Regulation, it shall notify the master or, where not possible, the operator of the Union fishing vessel without delay.
2. Where the lack of reception of data transmissions referred to in paragraph 1 occurs more than three times within one calendar year for a particular Union fishing vessel, the flag Member State shall ensure that the electronic recording and reporting system of the fishing vessel is thoroughly checked to verify its fully operational status, unless the competent authorities of the flag Member State may conclusively exclude, following an investigation and the implementation of appropriate measures, that the non-receipt of the data is caused by a technical non-functioning of the electronic recording and reporting system. That investigation may entail the removal of any equipment of such a system for examination, including, where appropriate, to determine whether the system has been tampered with.
3. Where the FMC of a flag Member State has not received data transmissions as referred to in paragraph 1, and the last received position of that vessel was from within the waters under the sovereignty or jurisdiction of another Member State, it shall notify the FMC of that coastal Member State without delay.
4. The master or the operator of the Union fishing vessel shall send all data which have not yet been transmitted and for which a notification was received in accordance with paragraph 1 to the FMC of the flag Member State immediately after receipt of the notification.
5. Where the competent authorities of a coastal Member State detect a catching vessel flying the flag of another Member State operating in waters under its sovereignty or jurisdiction for which the fishing logbook data have not been received, they shall notify the master of the catching vessel, where possible, and the FMC of the flag Member State.
6. Where the competent authorities of a coastal Member State detect a catching vessel flying the flag of a third country operating in waters under its sovereignty or jurisdiction for which the fishing logbook data have not been received, they shall notify the master of the catching vessel, where possible, and the FMC of the flag State or any other competent authority of the third country concerned in the event of catching vessels subject to the requirement to transmit such data in accordance with Article 15(5) of Regulation (EC) No 1224/2009.
1. Where the competent authorities of a coastal Member State detect a Union fishing vessel of another Member State in their waters and cannot access data from the electronic recording and reporting system referred to in Articles 14, 17, 19a, 21, and 23 of Regulation (EC) No 1224/2009 to be exchanged in accordance with Article 111 of Regulation (EC) No 1224/2009, they shall request the competent authorities of the flag Member State to ensure access to those data.
2. If the coastal Member State does not receive the data referred to in paragraph 1 within 4 hours from the request, the master or operator of the Union fishing vessel shall provide the data and a copy of the return message referred to in Article 26 of Implementing Regulation (EU) 2025/2196 to the competent authorities of the coastal Member State upon request and by electronic means.
3. If the flag Member State or the master or the operator of the Union fishing vessel does not provide the competent authorities of the coastal Member State with a copy of the return message, fishing activities in the waters of the coastal Member State by the fishing vessel concerned shall be prohibited until the flag Member State or the master or the operator of the fishing vessel can provide a copy of the return message or information referred to in Article 14(1) of Regulation (EC) No 1224/2009 to the said authorities.
Flag Member States shall maintain databases on the functioning of their electronic recording and reporting system. Those databases shall as a minimum contain and be capable to automatically generate the following information:
(a)
the list of fishing vessels flying their flag whose electronic recording and reporting systems have experienced technical failure or have failed to function; and
(b)
the list of fishing vessels flying their flag that have not made daily electronic fishing logbook transmissions, as required under Article 15 of Regulation (EC) No 1224/2009.
To be independent from the owner, the licence holder, the master of the Union fishing vessel, and any crew member, as required by Article 73(2)(b) of Regulation (EC) No 1224/2009, control observers shall not be:
(a)
a relative or an employee of the licence holder or the master of the Union fishing vessel or any crew member, representative of the master, or the owner of the Union fishing vessel to which the control observer is assigned;
(b)
an employee of a company controlled by the licence holder or the master, a crew member, the representative of the master or the owner of the Union fishing vessel to which the control observer is assigned.
1. Control observers on board a Union fishing vessel shall, where appropriate, brief the officials who are about to proceed to an inspection of that fishing vessel upon arrival on board. If the facilities on board the Union fishing vessel so allow and where appropriate the briefing shall take place in a closed meeting.
2. Control observers shall draw up the report referred to in Article 73(5) of Regulation (EC) No 1224/2009, recording the fishing activities and other relevant information listed in Annex I, and using the format set out in Annex II. They shall forward that report following completion of their assignment to their authorities and to the competent authorities of the flag Member State. Their competent authorities shall make the report available, on request, to the coastal Member State, the Commission or EFCA. Copies of reports made available to other Member States may not include the locations where the catches were taken in respect of start and finish positions of each fishing operation but may include daily totals of catch in kilograms live weight equivalent by species and the relevant geographical area.
3. Paragraphs 1 and 2 shall not affect the powers of the master of the fishing vessel as being in sole charge of the operations of the vessel.
1. Member States responsible for the designation or deployment of control observers on board fishing vessels flying their flag shall:
(a)
ensure that control observers are equipped with a fully functioning, two-way communication device suitable for use at sea, which is independent from the vessel, as required under Article 73(2)(e) of Regulation (EC) No 1224/2009;
(b)
ensure that control observers are equipped with a waterproof personal life-saving beacon with a tracking feature;
(c)
ensure that control observers have a designated contact point, that effective and timely communication can be ensured in case of emergency, and that procedures are in place to ensure regularly scheduled communications between the control observer and their contact point;
(d)
ensure that control observers have adequate powers conferred upon them to perform their tasks;
(e)
ensure that control observers receive adequate safety training before their initial deployment on a vessel and at appropriate intervals thereafter. This training programme shall, at a minimum, meet the relevant International Maritime Organization (IMO) safety training standards, where applicable; and
(f)
provide guidance and training to the master and crewmembers of their fishing vessels on interaction with and responsibilities towards control observers and on consequences for mistreatment and obstruction of their work, in the exercise of their duties.
2. Masters of Union fishing vessels and masters of third-country fishing vessels authorised to operate in Union waters shall:
(a)
make every effort to ensure the physical safety and welfare of observers while on board;
(b)
report, by electronic means, to the competent authorities of their flag Member State relevant information concerning the security of control observers on board, including physical injury, any other incapacitation, or disappearance of which they are aware;
(c)
ensure privacy in the observer’s personal areas;
(d)
ensure that control observers are treated as officials during their time on board; and
(e)
ensure unrestricted access to adequate food, accommodation, and sanitary facilities and equipment on board.
1. Officials responsible for carrying out inspections, as referred to in Article 74 of Regulation (EC) No 1224/2009 shall be authorised by the competent authorities of the Member State. To this end, a Member State shall provide its officials with a service card stating their identity and the capacity under which they operate. Each official on duty shall present it during an inspection upon request.
2. Member States shall confer adequate powers on their officials as necessary for the fulfilment of control, inspection, and enforcement in accordance with this Regulation, and to ensure compliance with the rules of the common fisheries policy.
During the pre-inspection phase officials shall, where possible, collect all appropriate information, including:
(a)
fishing licences and fishing authorisations;
(b)
VMS data and AIS data;
(c)
surveillance reports and previous inspection reports; and
(d)
other available information on the fishing vessel and master that might be relevant for the inspection.
1. Officials conducting inspections shall verify and note all appropriate items listed in the corresponding inspection report module set out in Annex VII to Implementing Regulation (EU) 2025/2196. For this purpose, they may take pictures, video, and audio recordings in accordance with national law, and, where appropriate, samples.
2. Officials shall not interfere with the right of any operator to communicate with the competent flag State authorities during inspection.
3. Officials shall consider any information provided in accordance with Article 12 by a control observer on board the fishing vessel to be inspected.
4. On completion of an inspection, officials shall debrief the master or the operator of the inspected fishing vessel on the inspection performed.
5. Officials shall leave without delay the fishing vessel or the inspected premise following the completion of the inspection if no infringement is detected.
1. Any vessel used for control purposes including surveillance shall display in a clearly visible way, a pennant or a symbol as set out in Annex III. This requirement does not apply to undercover operations conducted by vessels authorised for such purposes under the national laws of Member States.
2. Whenever a boarding vessel or craft is used to facilitate the transfer of officials carrying out inspections, it shall fly a similar flag or pennant of a size appropriate to that of the boarding vessel or craft to indicate that it is engaged in fishery inspection duties.
3. Persons in charge of inspection vessels shall have due regard to the seafarers’ rules and manoeuvre at a safe distance from the fishing vessel in accordance with the international rules for the prevention of collisions at sea.
Boarding fishing vessels at sea
1. Officials responsible for carrying out the inspection shall ensure that no action is taken that may compromise the safety of the fishing vessel and its crew.
2. Officials shall not require the master of a fishing vessel that is being boarded or disembarked to stop or manoeuvre during fishing or to stop the shooting or hauling of fishing gear. Officials may, however, require the interruption or delay of the shooting of gear to permit safe boarding or disembarkation until they have boarded or disembarked the fishing vessel. In the case of boarding this delay shall not exceed 30 minutes after officials have boarded the fishing vessel unless an infringement has been detected. This provision does not affect the possibility of officials to require the gear to be hauled for inspection.
1. When carrying out their inspection, officials shall verify and note all appropriate items listed in the corresponding inspection report module set out in Annex VII to Implementing Regulation (EU) 2025/2196.
2. Officials may require the master to haul a fishing gear for inspection. In such cases, the master shall promptly comply and haul the gear as requested.
3. Inspection teams shall normally be comprised of two officials. Additional officials may supplement inspections teams when necessary.
4. The duration of an inspection shall not exceed the time required to complete documentation checks, haul in the net, and inspect the net, its relevant equipment, and the catches. This duration limit shall not apply in the case that a suspected infringement is detected or where the officials need further information.
5. In the case of a suspected infringement being detected, identification marks and seals may be affixed securely to any part of the fishing gear or the fishing vessel, including relevant equipment, such as automatic grading equipment, and containers of fishery products and the compartment(s) in which they may be stowed.
1. To determine whether fishing activities involving forced labour have occurred on board a fishing vessel, officials responsible for the inspection may consider one or more of the indicators listed in Annex V and any other available information. The Commission may, at the request of one or more Member States, develop technical guidelines to support the work of officials.
2. If the indicators or any other relevant information referred to in paragraph 1 show that fishing activities were conducted with the use of forced labour, officials shall:
(a)
inform any other national authority that might be competent on the issue, including authorities responsible for labour offences; and
(b)
take all necessary actions to ensure that immediate enforcement measures are taken in accordance with Article 91 of Regulation (EC) No 1224/2009.
3. Member States shall ensure that officials receive necessary training to recognise the use of suspected forced labour to conduct fishing activities.
4. Member States shall put in place adequate and effective procedures, in accordance with Article 74(8) of Regulation (EC) No 1224/2009, to ensure inter-service coordination and cooperation to facilitate the detection and, where appropriate, further investigation of fishing activities conducted with the use of forced labour, including when fishing vessels are in port.
1. Without prejudice to benchmarks established under the rules of the common fisheries policy, including specific control and inspection programmes and as referred to in Article 9 of Council Regulation (EC) No 1005/2008 ( 5 ) , an inspection of a fishing vessel shall take place in port or on landing, on the following occasions:
(a)
routinely or on the basis of risk management; or
(b)
where it is suspected of failing to comply with the rules of the common fisheries policy.
2. In cases referred to in paragraph 1, point (b), and without prejudice to the last sentence of Article 22(2) of this Regulation the competent authorities of the Member States shall ensure that the fishing vessel to be inspected in port is met by their officials on arrival.
3. Paragraph 1 shall not prevent Member States from undertaking random inspections, as appropriate.
1. When carrying out inspections, officials shall verify and note all appropriate items listed in the corresponding inspection report module set out in Annex VII to Implementing Regulation (EU) 2025/2196. Officials shall have due regard to any specific requirements which apply to the inspected fishing vessel, including relevant provisions in multi-annual plans.
2. When carrying out an inspection of a landing, officials shall monitor the whole unloading of fishery products from the beginning to the end. A cross-check shall be carried out between the quantities by species recorded in the prior notification, the quantities by species recorded in the fishing logbook and the quantities by species landed or transhipped whichever is applicable. This provision shall not prevent an inspection taking place after the start of landing.
3. Member States shall ensure that inspections in ports and at landing sites within their territory are conducted without obstruction.
1. Transport inspections may take place anywhere and at any time from the point of landing to the arrival of the fishery products at the place of sale or processing. In carrying out inspections, the necessary measures shall be taken as to ensure the maintenance of the cold chain of the fishery products inspected.
2. Without prejudice to specific provisions contained in multi-annual plans, national control programmes, specific control and inspection programmes, or Union food law, transport inspections shall include, wherever possible, a physical examination of the products transported.
3. The physical examination of the transported fishery products may involve the taking of a sample representative of the different sections of the lot or lots transported.
4. When carrying out a transport inspection, officials shall verify and note all items referred to in Article 68(4) of Regulation (EC) No 1224/2009 and all appropriate items listed in the corresponding inspection report module set out in Annex VII to Implementing Regulation (EU) 2025/2196. This shall include verification that the quantities of fishery products transported correspond to the details entered on the transport document and that the traceability of the lots can be ensured.
1. When a vehicle or a container has been sealed by officials to avoid manipulation of the cargo, competent authorities of Member States shall ensure that serial numbers of seals are noted on the transport document. It shall be prohibited for operators to remove seals during transport or at the final destination without permission from an official of the competent authority. During inspections, officials shall inspect that the seals are intact and that the serial numbers correspond with the details on the transport document.
2. Where seals are removed to facilitate inspection of the cargo before the cargo arrives at the final destination, officials shall replace the original seal with a new seal, recording the seal details in the inspection report together with the reasons for the removal of the original seal.
Officials shall verify and note all appropriate items listed in the corresponding inspection report module set out in Annex VII to Implementing Regulation (EU) 2025/2196 when visiting cold stores, gross and retail markets, restaurants, or any other premises where fishery products are stored and/or sold after landing has taken place or aquaculture products are handled after harvest.
In addition to the items listed in Annex VII to Implementing Regulation (EU) 2025/2196, Member States may make use of available methodologies and technologies, including, where appropriate, an artificial intelligence system as defined in Article 3(1) of Regulation (EU) 2024/1689 of the European Parliament and of the Council ( 6 ) , for the identification of fishery or aquaculture products, their source or origin and the suppliers and catching vessels or production units, and validation of the relevant data.
Officials shall verify and note all appropriate items listed in the corresponding inspection report module set out in Annex VII to Implementing Regulation (EU) 2025/2196 when a fishing gear is inspected at sea.
Officials shall verify and note all appropriate items listed in the corresponding inspection report module set out in Annex VII to Implementing Regulation (EU) 2025/2196 when an operator fishing without a vessel as referred to in Article 54d of Regulation (EC) No 1224/2009 is inspected.
Officials shall verify and note all appropriate items listed in the corresponding inspection report module set out in Annex VII to Implementing Regulation (EU) 2025/2196 when a bluefin tuna farm is inspected.
1. Without prejudice to the obligation of officials to inspect other recreational fisheries under Regulation (EC) No 1224/2009, when recreational fisheries covered by Article 55(3) of Regulation (EC) No 1224/2009 are inspected, officials shall verify and note all appropriate items listed in the corresponding inspection report module set out in Annex VII to Implementing Regulation (EU) 2025/2196.
2. Natural persons inspected under this Article shall:
(a)
facilitate the inspection by providing officials, upon request, with the necessary information and documents, including, where possible, copies thereof, and access to relevant databases, regarding their activities; and
(b)
refrain from obstructing, intimidating, or interfering with officials conducting the inspection, and prevent such obstruction, intimidation, or interference from third parties.
In addition to the duties of the operator provided for in Article 75(1) of Regulation (EC) No 1224/2009, all operators subject to an inspection shall:
(a)
facilitate and provide officials on request with the necessary information and documents, including, where possible, copies thereof, or access to relevant databases, regarding fishing activities as required to be completed and held in electronic or, where applicable, paper format in accordance with the rules of the common fisheries policy;
(b)
prevent third parties from obstructing, intimidating or interfering with officials carrying out the inspection; and
(c)
provide, where possible, a meeting facility in isolation for a briefing of officials by a control observer as referred to in Article 12(2) of this Regulation.
1. During weighing inspections, operators referred to in Article 60(5) of Regulation (EC) No 1224/2009 shall provide officials with:
(a)
details on the weighing system, including, as applicable, its type, model, serial number, most recent calibration certificate (with expiration date), any seal number, stored information from tools used for cumulative weight calculation, and a copy of the technical wiring schematics;
(b)
access to any available video recordings of the weighing for control purposes;
(c)
access to all premises where fishery products are sampled, sorted, stored, processed, sold and transported; and
(d)
proof of accreditation as an independent third-party weigher, where applicable.
2. On request by officials, operators shall provide officials with sampling data and information necessary for control, collected under a sampling plan, a control plan, or a common control programme established in accordance with Article 60(10) of Regulation (EC) No 1224/2009, including weighing records, sampling data, labels, and any other relevant information.
1. In addition to the duties of the master provided for in Article 75(1) of Regulation (EC) No 1224/2009, the master of a fishing vessel which is being inspected shall:
(a)
enable safe and effective boarding of officials in accordance with good seamanship when the appropriate signal of the International Code of Signals is given or when the intention to board is established through radio communication by a vessel or helicopter carrying an official;
(b)
provide a boarding ladder meeting the requirements of Annex IV to facilitate safe and convenient access to any vessel which requires a climb of 1,5 metres or more;
(c)
permit the official(s) to communicate with the authorities of the flag State, the coastal State, and the inspecting State;
(d)
alert officials to safety hazards on board fishing vessels; and
(e)
facilitate safe disembarkation by officials on completion of the inspection.
2. Masters shall not be required to reveal commercially sensitive information over open radio channels.
1. If a fishing licence is suspended or permanently withdrawn in accordance with Article 92(6) of Regulation (EC) No 1224/2009, the competent authority of the flag Member State shall formally notify the holder of the fishing licence immediately of this suspension or permanent withdrawal.
2. Upon receiving the notification referred to in paragraph 1, the holder of the fishing licence shall:
(a)
ensure that the fishing activity of the catching vessel concerned ceases immediately;
(b)
provide the competent authorities of the flag Member State with all documents required under national law;
(c)
ensure that the catching vessel concerned proceeds immediately to its home port, or a port indicated by the competent authorities of the flag Member State. During the voyage the fishing gear shall be lashed and stowed in accordance with Article 47 of Regulation (EC) No 1224/2009;
(d)
ensure that any catch on board the catching vessel is dealt with in accordance with the instructions of the competent authorities of the flag Member State.
1. When the suspension or permanent withdrawal of the right to command a fishing vessel as a master has been triggered in accordance with Article 92(6) of Regulation (EC) No 1224/2009, the competent authorities of the flag Member State of the vessel on which the master is operating shall:
(a)
order the suspension or withdrawal of the master’s right to command a Union fishing vessel and take the necessary administrative procedures to give effect to that decision; and
(b)
formally notify the master and the competent authorities of the Member State of nationality of the master about the suspension or withdrawal.
2. Upon receiving the notification referred to in paragraph 1, point (b), the master shall immediately cease to command any Union fishing vessel, provided that such action does not compromise navigational safety, and shall comply with the instructions of the competent authorities of the flag Member State. If no crew member on board is authorized to replace the master, the competent authorities of the flag Member State shall instruct the master to immediately proceed to an appropriate port or suspend all fishing activities until a new authorised master is on board.
1. Without prejudice to Article 92(8) of Regulation (EC) No 1224/2009, and provided that the total number of points assigned to the holder of the fishing licence for the catching vessel in question exceeds two, the competent authorities of the flag Member State may delete up to two points if the holder of the fishing licence, after the points have been assigned, voluntarily participates:
(a)
in a scientific campaign aimed at improving the selectivity of fishing gear to enhance compliance with the rules of the common fisheries policy on fisheries control; or
(b)
in a fishery covered by an eco-labelling scheme established in accordance with the minimum EU Ecolabel principles and criteria laid down in Regulation (EC) No 66/2010 of the European Parliament and of the Council ( 7 ) , provided that it certifies and promotes products from well-managed marine capture fisheries, focusing on the sustainable use of fisheries resources, with the aim of enhancing compliance with the rules of the common fisheries policy on fisheries control.
2. If the points were deleted in accordance with paragraph 1, the holder of the fishing licence shall be informed of that deletion. The holder of the fishing licence shall also be informed of the number of points that remain.
1. Member States, acting either as flag Member States or Member States of nationality, shall establish and maintain an up-to-date register of masters to whom points for serious infringements have been assigned, in accordance with Article 92(4) of Regulation (EC) No 1224/2009. The register shall include the minimum information specified in Annex VI.
2. Where the flag Member State assigns points under Article 92(4) of Regulation (EC) No 1224/2009 to the master of a fishing vessel who is not a national of the flag Member State assigning the points under Article 92(4), the flag Member State shall:
(a)
for nationals of other Member States:
(i)
notify the competent authorities of the Member States of which the master is a national about the points assigned to the master, in accordance with Article 92(4) of Regulation (EC) No 1224/2009; and
(ii)
request information from the competent authorities of the Member States of nationality regarding the total number of points, if any, currently registered for that master. This information shall be recorded in the register of masters referred to in paragraph 1 to determine whether a suspension or withdrawal of the right to command, in accordance with Article 92(6) of Regulation (EC) No 1224/2009, is necessary;
(b)
for third-country nationals:
(i)
transmit all relevant information on the master, as required by Annex VI of this Regulation, to the Commission; and
(ii)
request from the Commission any additional information on points assigned to the same master by other Member States within the past three years. This information shall also be recorded in the register of masters referred to in paragraph 1 to assess whether a suspension or withdrawal of the right to command, in accordance with Article 92(6) of Regulation (EC) No 1224/2009, is necessary.
3. When points have been deleted in accordance with Article 36(1) of this Regulation or Article 92(8) of Regulation (EC) No 1224/2009, the Member State responsible for deleting the points shall notify the Member State(s) of nationality of the master or, in case of third-country nationals, the Commission, enabling the Member State(s) concerned to update the register accordingly.
4. The Commission shall store all information on points assigned or deleted by Member States to third-country nationals, as communicated under paragraph 2(b) and 3 respectively, and make it available to the Member States concerned upon request.
5. Data recorded under this Article shall be retained for at least three years, unless otherwise specified by the rules of the common fisheries policy or where retention is deemed necessary for the purposes of inspections, verifications, audits, or investigations, including those related to complaints, infringements, or judicial or administrative proceedings.
1. The deadline for the Member State to demonstrate that the fisheries can be safely exploited, as referred to in Article 107(2) of Regulation (EC) No 1224/2009, shall start from the date of receipt of the Commission’s letter by the Member State.
2. Member States shall include, in their reply pursuant to Article 107(2) of Regulation (EC) No 1224/2009, material evidence that is capable of demonstrating to the Commission that the fishery can be safely exploited.
1. Any determination of the quantities to be deducted from quotas in accordance with Article 107 of Regulation (EC) No 1224/2009 shall be proportionate to the extent and the nature of non-compliance with rules on stocks subject to multi-annual plans and gravity of the threat to the conservation of these stocks. It shall take into account the damage caused to these stocks by the non-compliance with rules on stocks subject to multi-annual plans.
2. If the quantities determined for deduction according to paragraph 1 cannot be operated on the quota, allocation or share of a stock or group of stocks to which the non-compliance refers because a quota, allocation or share of a stock or group of stocks in question is not or not sufficiently available to the Member State concerned, the Commission, after consultation of the Member State concerned, may deduct in the following year or years quotas for other stocks or groups of stocks available to that Member States in the same geographical area, or with the same commercial value in accordance with paragraph 1.
Member States shall ensure that personal data collected under this Regulation can only be processed in accordance with the rules set out in Article 112 of Regulation (EC) No 1224/2009.
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union .
It shall apply from 10 January 2026.
ANNEX I
TASKS OF CONTROL OBSERVERS
1.
Control observers shall note all relevant fishing activities whilst embarked in the fishing vessel, including particularly the following:
(a)
the date and time and geographical positions of the start and finish of each fishing operation;
(b)
observations of the depth at the start and finish of the fishing operation;
(c)
the type of gear used in each operation and its dimensions, including mesh sizes where applicable and attachments used;
(d)
observations concerning catch registration (i.e. fishing logbook, prior notification, and transhipment declarations) and of the estimated catch in order to identify target species, by-catches, including sensitive species, and discards for compliance with catch registration, catch composition and discard rules;
(e)
observations of the size of different species in the catch, with specific reference to undersize specimens.
2.
Control observers shall note any interference with the vessel monitoring system, including the vessel monitoring device, as well as with other systems or devices relevant for fisheries control, such as remote electronic monitoring systems, including CCTVs, and systems to continuously measure and record engine power.
3.
Control observers shall notify the relevant competent authorities and take note of any information that could be relevant to determine whether fishing activities have been conducted with the use of forced labour. To determine whether forced labour has occurred on board a fishing vessel control observer may considers one or more indicators listed in Annex V or any other relevant information.
ANNEX II
FORMAT OF CONTROL OBSERVER REPORT
OBSERVER DETAILS
Name
Designated by (competent authority)
Deployed by (employing authority)
Start date
End date
FISHING VESSEL DETAILS
Type
Flag state
Name
Common fleet register number or, where not available, other number
External identifier
International radio call sign
International Maritime Organization (IMO) Number or, where not available, other number
Engine propulsion power
Length overall
GEAR TYPES CARRIED
1.
2.
3.
GEAR OBSERVED USED DURING TRIP
1.
2.
3.
DETAILS OF FISHING OPERATIONS
Fishing operation reference number (if applicable)
Date
Gear type used
Dimensions
Mesh size
Attachments fitted
Time of start of operation
Finish time of operation
Position of start of operation
Depth at start
Depth at end of operation
Position at end of operation
CATCHES
Species
Retained
Discarded
Estimated quantities of each species in kg live weight equivalent
Minimum conservation reference size
Below the minimum conservation reference size
Estimated quantities of target species in kg live weight equivalent
Minimum conservation reference size
Below the minimum conservation reference size
Estimated quantities of target species in kg live weight equivalent
Minimum conservation reference size
Below the minimum conservation reference size
Estimated total kg live weight equivalent of catch
Minimum conservation reference size
Below the minimum conservation reference size
OBSERVATIONS OF NON-COMPLIANCE:
END OF THE FISHING TRIP SUMMARY:
OBSERVER SIGNATURE:
DATE:
ANNEX III
MARKING OF FISHERY INSPECTION MEANS
Inspection pennant or symbol
All vessels used for fisheries control, inspection and enforcement shall carry the inspection pennant or symbol clearly displayed on the sides of the unit used in such a way to be clearly visible. Vessels engaged in these duties shall fly the inspection pennant as to be clearly visible at all times.
The words ‘FISHERY INSPECTION’ may also be affixed on the sides of units.
ANNEX IV
CONSTRUCTION AND USE OF BOARDING LADDERS
1.
This Annex sets requirements concerning access to fishing vessels which require a climb of 1,5 metres or more.
2.
A boarding ladder shall be provided which shall be efficient for the purpose of enabling inspectors to embark and disembark safely at sea. The boarding ladder shall be kept clean and in good order.
3.
The ladder shall be positioned and secured so that:
(a)
it is clear of any possible discharges from the fishing vessel;
(b)
it is clear of the finer lines and as far as practicable in the middle length of the fishing vessel;
(c)
each step rests firmly against the fishing vessel’s side.
4.
The steps of the boarding ladder shall:
(a)
be of hardwood or other material of equivalent properties, made in one piece free of knots; the four lowest steps may be made of rubber of sufficient strength and stiffness, or of other suitable material of equivalent characteristics;
(b)
have an efficient non-slip surface;
(c)
be not less than 480 mm long, 115 mm wide, and 23 mm in thickness, excluding any non-slip device or grooving;
(d)
be equally spaced not less than 300 mm or more than 380 mm apart;
(e)
be secured in such a manner that they will remain horizontal.
5.
No boarding ladder shall have more than two replacement steps which are secured in position by a method different from that used in the original construction of the ladder and any steps so secured shall be replaced, as soon as reasonably practicable, by steps secured in position by the method used in the original construction of the ladder.
When any replacement step is secured to the side ropes of the boarding ladder by means of grooves in the side of the step, such grooves shall be in the longer sides of the steps.
6.
The side ropes of the ladder shall consist of two uncovered manila or equivalent ropes not less than 60 mm in circumference on each side; each rope shall be left uncovered by any other material and be continuous with no joints below the top step; two main ropes, properly secured to the fishing vessel and not loss than 65 mm in circumference, and a safety line shall be kept at hand ready for use if required.
7.
Battens made of hardwood, or other material of equivalent properties, in one piece, free of knots and between 1,8 and 2 m long, shall be provided at such intervals as will prevent the boarding ladder form twisting. The lowest batten shall be on the fifth step from the bottom of the ladder and the interval between any batten and the next shall not exceed nine steps.
8.
Means shall be provided to ensure safe and convenient passage for inspectors embarking on or disembarking from the vessel between the head of the boarding ladder or of any accommodation ladder or other appliance provided, and the ship’s deck. Where such passage is by means of a gateway in the rails or bulwark, adequate handholds shall be provided.
9.
Where such passage is by means of a bulwark ladder, such ladder shall be securely attached to the bulwark rail or platform and two handhold stanchions shall be fitted at the point of boarding or leaving the vessel not less than 0,70 m or more than 0,80 m apart. Each stanchion shall be rigidly secured to the vessel’s structure at or near its base and also at a higher point, shall be not less than 40 mm in diameter, and shall extend not less than 1,20 m above the top of the bulwark.
10.
Lighting shall be provided at night so that both the boarding ladder over the side and also the position where the inspector boards the fishing vessel shall be adequately lit. A lifebuoy equipped with a self-igniting light shall be kept at hand ready for use. A heaving line shall be kept at hand ready for use if required.
11.
Means shall be provided to enable the boarding ladder to be used on either side of the fishing vessel. The inspector in charge may indicate which side he would like the boarding ladder to be positioned.
12.
The rigging of the ladder and the embarkation and disembarkation of an inspector shall be supervised by a responsible officer of the fishing vessel.
13.
Where on any fishing vessel constructional features such as rubbing bands would prevent the implementation of any of these provisions, special arrangements shall be made to ensure that inspectors are able to embark and disembark safely.
ANNEX V
NON-EXHAUSTIVE LIST OF INDICATORS FOR THE IDENTIFICATION OF FISHING ACTIVITIES CONDUCTED WITH THE USE OF FORCED LABOUR
1.
Deception:
(a)
fishers lack a written contract, or the contract is written in a language they do not understand;
(b)
fishers recruited on understanding that the employment is legal when in fact it is not;
(c)
fishers promised to work with a different employer/on board a different fishing vessel.
2.
Abusive working conditions:
(a)
denial of medical treatment in case of injury;
(b)
denial of the right to shore for medical treatment in the event of serious illness or injury.
3.
Abusive living conditions:
(a)
malnutrition (including cases of beriberi) and dehydration among fishers;
(b)
inadequate or intolerable sanitary facilities;
(c)
not adequate headroom/overcrowded.
4.
Excessive overtime:
(a)
severely inadequate crew size for vessel type/gear;
(b)
excessively long fishing trips;
(c)
chronic lack of rest hours and days off;
(d)
denial of shore leave and annual leave.
5.
Work with remuneration sub-standards or no wage:
(a)
fishers partially or completely deprived of wages.
6.
Abusive vulnerability:
(a)
vulnerable fishers, including migrant fishers, forced to work in intolerable conditions or threat of violence.
7.
Restriction of movement:
(a)
fishers cannot leave the vessel, including while at port.
8.
Isolation:
(a)
fishers are kept at sea beyond agreed time;
(b)
fishers are isolated from other crew members on board;
(c)
fishers have their cell phone confiscated;
(d)
fishers are denied access to communication systems and/or Wi-Fi.
9.
Physical and sexual violence:
(a)
physical sign of injury or other evidence of physical, sexual or psychological violence;
(b)
fishers subject to abusive language.
10.
Intimidation and threats:
(a)
fishers are faced with multiple threats as means of coercion and control, including additional work or denial of food/meals.
11.
Withholding of wages or other promised benefits:
(a)
master or recruitment agency holds passports, visa or work permits of fishers.
12.
Debt bondage or manipulation of debt:
(a)
fishers are charged with additional costs for basic services on board.
ANNEX VI
MINIMUM INFORMATION TO BE INCLUDED IN THE REGISTER OF MASTERS
The following information shall be included in the register of masters:
1.
Identification of the master (nationals/other Member States/third countries) to whom the points were assigned:
(a)
name of the master;
(b)
nationality(ies) of the master;
(c)
any available identification number or information.
2.
Identification of the fishing vessel(s) concerned:
(a)
name of the fishing vessel(s);
(b)
common fleet register number or, if not applicable, another unique vessel identifier;
(c)
flag State of the fishing vessel(s).
3.
Registration of points:
(a)
points notified in accordance with Article 92(4) of Regulation (EC) No 1224/2009 and flag Member State(s) notifying the points, where applicable;
(b)
date when points were assigned, and total number of points assigned on that date;
(c)
points deleted in accordance with Article 92(8) of Regulation (EC) No 1224/2009 and Article 36 of this Regulation.
4.
Suspension or withdrawal of the right to command:
(a)
date of the suspension of the right to command a fishing vessel, where applicable;
(b)
date of the permanent withdrawal of the right to command a fishing vessel where applicable.
Commission Delegated Regulation (EU) 2025/1766 of 27 August 2025 supplementing Council Regulation (EC) No 1224/2009 by laying down rules on the control of fisheries and on the surveillance and inspection of fishing activities, enforcement and compliance (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32025R1766
© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.
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