Commission Implementing Regulation (EU) 2025/2196 of 17 October 2025 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 as regards access to waters and resources, control of fisheries, surveillance, inspection and enforcement, deduction of quotas and fishing efforts, data and information, and repealing Commission Implementing Regulation (EU) No 404/2011

• CELEX: Implementing Regulation (EU) 2025/2196
• Articles: 101

Article 1 Subject matter

This Regulation lays down detailed rules for the implementation of the Union fisheries control system as established by Regulation (EC) No 1224/2009.

Article 2 Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1)

‘beam trawl’ means a gear as defined in Article 6(16) of Regulation (EU) 2019/1241 of the European Parliament and of the Council  ( 5 ) ;

(2)

‘presentation’ means the form into which the fish is processed while on board of the fishing vessel and prior to landing, as described in Table 1 of Annex I;

(3)

‘collective presentation’ means a presentation consisting of two or more parts extracted from the same fish;

(4)

‘fish aggregating device’ or ‘FAD’ means a permanent, semi-permanent, or temporary object, structure, or device of any material, man-made or natural, which is deployed and/or tracked for the purpose of aggregating fish;

(5)

‘holder of a fishing licence’ means a natural or legal person to whom a fishing licence has been issued;

(6)

‘inspected operator’ means the natural person in charge of the fishing vessel, vehicle, aircraft, hovercraft or premises being inspected, or carrying out fishing without a vessel and subject to inspection.

(7)

‘other authorisations’ means fishing authorisations for Union fishing vessels other than catching vessels as referred to in Article 7a of Regulation (EC) No 1224/2009;

(8)

‘passive gear’ means any fishing gear which is not towed or otherwise moved through water by human, animal or mechanical energy, such as gillnets, entangling nets, trammel nets, trap nets, driftnets, lines, including longlines, and traps, including pots and creels;

(9)

‘validation’ means performing cross-checking, analysis, and verification to ensure that data is accurate, complete, consistent, and transmitted within legal timeframes;

(10)

‘business rules’ means a set of predefined rules used for the purposes of validation.

(11)

‘cross-checking’ means comparing data from different sources or datasets to identify and investigate inconsistencies, errors, and missing information in the data;

(12)

‘analysis’ means examining and modeling data to identify and investigate patterns, trends, or anomalies;

(13)

‘verification’ means checking and confirming that the data meets format, quantity, and quality standards;

(14)

‘data validation system’ means an electronic system, including the electronic database, for data validation;

(15)

‘request for assistance’ means a request addressed by one Member State to another, or by the Commission or EFCA to a Member State, related to the implementation of Regulation (EC) No 1224/2009 and this Regulation, in accordance with the principle of administrative cooperation set in Article 117 of Regulation (EC) No 1224/2009;

(16)

‘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.

Article 3 General provisions

1.   Each flag Member State shall ensure that the information contained in the fishing licence, fishing authorisation, and other authorisations issued, managed, and withdrawn by it is accurate and consistent with the rules of the common fisheries policy.

2.   Each flag Member State shall ensure that data on fishing licences, fishing authorisations, and other authorisations issued, managed, and withdrawn by it are kept in an electronic format and regularly updated.

3.   Fishing licences, fishing authorisations, and other authorisations may be contained in the same document.

Article 4 Conditions for the validity of fishing licences

1.   A fishing licence shall be valid for one Union catching vessel only and shall contain, at a minimum, the information set out in Annex II.

2.   In accordance with Article 38(1) of Regulation (EC) No 1224/2009, the total capacity corresponding to the fishing licences issued by a Member State, in Gross Tonnage (GT) and in kilowatt (kW), shall at any moment not be higher than the maximum capacity levels for that Member State established in accordance with Article 22(7) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council  ( 6 ) .

3.   A fishing licence shall only be valid if:

(a)

the conditions on which it was issued, including its tonnage in GT, engine power in kW, and other criteria referred to in Annex II, are still met; and

(b)

no more than one fishing licence has been issued to the same Union catching vessel.

Article 5 Conditions for the validity of fishing authorisations for Union catching vessels

1.   A fishing authorisation shall be valid for one Union catching vessel only and shall contain, at a minimum, the information set out in Annex III.

2.   A fishing authorisation shall only be valid if the conditions on which it was issued are still met.

Article 6 Conditions for the validity of other authorisations

1.   Other authorisations shall be valid for one Union fishing vessel only and shall contain, at a minimum, the information set out in Annex IV.

2.   Other authorisations shall only be valid if the conditions on which they were issued are still met.

Article 7 Conditions relating to the marking of Union fishing vessels

1.   A Union fishing vessel shall be marked with the name of the vessel, if available, and a unique vessel identifier (UVI) as follows:

(a)

the letter(s) of the port or district in which the Union fishing vessel is registered, where applicable, and the number(s) under which it is registered shall be painted or displayed on both sides of the bow or on one side of the bow and the other side of the stern, as high above the water as possible to be clearly visible from the sea and the air, in a colour contrasting with the background on which they are painted;

(b)

for Union fishing vessels over 10 metres length overall and less than 17 metres length overall, the height of the letters and numbers shall be at least 25 centimetres with a line thickness of at least 4 centimetres. For Union fishing vessels of 17 metres length overall or more, the height of the letters and numbers shall be at least 45 centimetres, with a line thickness of at least 6 centimetres;

(c)

the flag Member State may require the international radio call sign (IRCS) or the external registration letters and numbers to be painted on top of the wheelhouse and to be clearly visible from the air, in a colour contrasting with the background on which it is painted;

(d)

the contrasting colours shall be white and black;

(e)

the external registration letters and numbers painted or displayed on the hull of the Union fishing vessel shall not be removable, effaced, altered, illegible, covered or concealed.

2.   The International Maritime Organisation (IMO) ship identification number scheme, as adopted by Resolution A.1117(30) on 6 December 2017 and as referred to in Chapter XI-1, Regulation 3 of the 1974 SOLAS Convention shall apply to:

(a)

Union fishing vessels or fishing vessels controlled by Union operators under a chartering arrangement, of 100 tons of GT or 100 tons of Gross Registered Tonnage and above, or 24 metres length overall and above, operating exclusively inside Union waters;

(b)

Union fishing vessels or fishing vessels controlled by Union operators under a chartering arrangement of 12 metres length overall and above, operating outside Union waters;

(c)

third-country fishing vessels authorised to carry out fishing activities in Union waters.

Article 8 Vessel identification documents to be carried on board a Union fishing vessel

1.   The master of a Union fishing vessel shall carry on board or have digital access to documents issued by a competent authority of the Member State in which it is registered, showing at least the following characteristics of the fishing vessel:

(a)

the name of the fishing vessel, if available;

(b)

the letters of the port or district in which it is registered, and the number(s) under which it is registered;

(c)

the common fleet register (CFR) number or, if not applicable, the IMO number or other unique vessel identifier of the fishing vessel;

(d)

the IRCS, if available;

(e)

the names and addresses of the owner(s) and, where applicable, the charterer;

(f)

the length overall in metres, engine power in kW, gross tonnage in GT and, for Union fishing vessels which entered into service from 1 January 1987 onwards, date of entry into service, as defined in accordance with Regulation (EU) 2017/1130 of the European Parliament and of the Council  ( 7 ) .

2.   Masters of Union fishing vessels of 17 metres length overall or more with at least one fish room shall keep on board or have digital access to accurate drawings with description of all fish rooms and fish storage locations, including the indication of all access points and of their storage capacity in cubic metres.

3.   Masters of Union fishing vessels with seawater tanks, including chilled or refrigerated tanks, shall keep on board or have digital access to an up-to-date document indicating the calibration of the tanks in cubic metres at 10-centimeter intervals.

4.   Where applicable, masters of Union catching vessels authorised to conduct on-board weighing under Article 60(3)(b) of Regulation (EC) No 1224/2009 shall keep on board or have digital access to the relevant authorisation documents, along with certification documents for the weighing systems used for weighing fishery products on board.

5.   The documents referred to in paragraphs 2, 3, and 4 shall be issued or certified by the competent authority of the flag Member State. Any modification of the characteristics contained in the documents referred to in paragraphs 1 to 4, shall be certified by a competent authority of the flag Member State.

6.   The documents referred to in this Article shall be presented for the purposes of control and inspection at the request of the officials.

Article 9 Conditions relating to the marking of craft and FAD

1.   Any craft or FAD carried on board Union catching vessels shall be marked with:

(a)

the external registration letters and number(s) of the Union catching vessel(s) using them, or with another identifier required under the applicable regional fisheries management organisation (RFMO) rules; and

(b)

a unique identification number, where available.

2.   It shall be prohibited to carry out fishing activities with craft or FADs which are not identifiable and marked in accordance with paragraph 1.

Article 10 General rules on the marking of trawls, passive gear, marker buoys and cords

1.   The provisions contained in Articles 10 to 13 on the marking of gear shall apply to gear used by Union catching vessels in all Union waters.

2.   The provisions contained in Articles 14 to 18 on marker buoys and cords shall apply to Union catching vessels carrying out fishing operations in waters outside 12 nautical miles measured from the coastal Member State’s territorial sea baseline. Unless otherwise provided under the rules of the common fisheries policy, coastal Member States may extend the relevant requirements to waters within 12 nautical miles from their territorial sea baseline.

3.   Unless otherwise provided under Union legislation, it shall be prohibited to:

(a)

carry out fishing activities with passive gear, marker buoys, or trawls which are not marked and identifiable in accordance with the provisions of Articles 11 to 18; and

(b)

carry on board:

(i)

trawls which do not comply with the conditions in Article 11;

(ii)

passive gear which do not comply with the conditions in Article 12(2); and

(iii)

buoys and cords linking the buoys to the passive gear which are not marked in accordance with Article 14 and Article 15(3).

Article 11 Rules relating to marking of trawls

The master of a Union catching vessel, or their representative shall ensure that each trawl, including trawl’s equipment, carried on board or used to conduct fishing operations clearly displays the external registration letters and number(s) of that catching vessel on all the following parts:

(a)

the beam of each beam trawl assembly, where present;

(b)

the trawl door, where present;

(c)

each selvedge of the upper section of the codend.

Article 12 Rules relating to marking of passive gear

1.   The master of a Union catching vessel, or their representative shall ensure that each passive gear carried on board or used for fishing is clearly marked and identifiable in accordance with the provisions of this Article.

2.   Each passive gear used for fishing shall permanently display the external registration letters and number(s) shown on the hull of the catching vessel to which it belongs:

(a)

for nets, on a label attached to the upper first row, and on the footrope;

(b)

for lines, on a label on the mainline and on every float;

(c)

for traps, on a label attached to the trap itself and to the rope(s), and specifically for pots, on a label attached to the ground rope and on every pot; and

(d)

for passive gear extending more than 1 nautical mile, on labels attached in accordance with (a), (b) and (c) at regular intervals not exceeding 1 nautical mile, so that no part of the passive gear extending more than 1 nautical mile shall be left unmarked.

3.   By way of derogation from paragraph 2, for catching vessels up to 15 metres in length overall fishing exclusively in the waters of their flag Member State and operating within four nautical miles from the baseline from which the breadth of the territorial sea is measured, that flag Member State may establish an alternative marking system for the identification of the catching vessel concerned.

Article 13 Rules relating to labels for the marking of fishing gears

1.   Labels for the marking of fishing gears shall meet the following conditions:

(a)

they are made of durable material;

(b)

they are securely fitted to the gear;

(c)

they are clearly readable and identifiable; and

(d)

they are not removable, effaced, altered, illegible, covered, or concealed.

2.   Within waters under their sovereignty or jurisdiction, coastal Member States may authorise the marking of fishing gear with labels that can be read using electronic devices or other equivalent means, provided that their competent authorities are equipped with the necessary tools and technology to identify and read those labels, and that the conditions laid down in paragraph 1 are fulfilled.

Article 14 Rules relating to marking of buoys

1.   The master of a Union catching vessel, or their representative shall ensure that two end marker buoys and intermediary marker buoys, rigged in accordance with Annex V, are fixed to each passive gear used for fishing and are deployed in accordance with the provisions of this Section, where applicable.

2.   Each end marker buoy and intermediary buoy shall display the external registration letters and number(s) displayed on the hull of the Union catching vessel to which they belong, or by which they were deployed, in accordance with the following conditions:

(a)

letters and number(s) shall be displayed as high above the water as possible to be clearly visible; and

(b)

in a colour contrasting with the surface on which they are displayed.

3.   The letters and number(s) displayed on the marker buoy shall not be effaced, altered, or allowed to become illegible.

Article 15 Rules relating to the setting and marking of cords

1.   The cords linking the buoys to the passive gear shall be of submersible material or shall be weighted down in such a way that no part of the cord reaches the water surface.

2.   The cords linking the end marker buoys to each gear shall be fixed at the ends of that gear.

3.   The cords linking the buoys to the passive gear shall be marked with a label in accordance with Article 13, which shall contain the information referred to in Article 14(2).

Article 16 Rules relating to the deployment of end marker buoys

1.   End marker buoys shall be deployed so that each end of the passive gear may be determined at any time.

2.   The mast of each end marker buoy shall have a height of at least 1 meter above the sea level measured from the top of the float to the lower edge of the bottom most flag.

3.   End marker buoys shall be coloured but shall not be red or green.

4.   Each end marker buoy shall feature:

(a)

one or two rectangular flag(s); where two flags are required on the same buoy, the distance between them shall be at least 20 centimetres; flags indicating the extremities of the same gear shall be of the same colour and may not be white and shall be of the same size;

(b)

one or two light(s), which shall be yellow and give one flash each 5 seconds (F1 Y 5s) and be visible from a minimum distance of 2 nautical miles.

5.   Each end marker buoy may include a top sign on the top of the buoy with one or two striped luminous bands which shall be neither red nor green and shall be at least 6 centimetres broad.

Article 17 Rules relating to the fixing of end marker buoys

End marker buoys shall be fixed to passive gear as follows:

(a)

the buoy in the western sector (meaning the half compass circle from south through west to and including north) shall be rigged with two flags, two striped luminous bands, two lights and a label referred to in Article 13;

(b)

the buoy in the eastern sector (meaning the half compass circle from north through east to and including the south) shall be rigged with one flag one striped luminous band, one light and a label referred to in Article 13.

Article 18 Rules for the fixing of intermediary marker buoys

1.   Intermediary marker buoys shall be fixed to passive gear extending more than 5 nautical miles as follows:

(a)

intermediary marker buoys shall be deployed at distances of not more than 5 nautical miles so that no part of the gear extending 5 nautical miles or more shall be left unmarked;

(b)

intermediary marker buoys shall be fitted with a flashing light which shall be yellow and give one flash every 5 seconds (F1 Y 5s) and is visible from a minimum distance of 2 nautical miles.

2.   Intermediary marker buoys shall have the same characteristics as those of the end marker buoy in the eastern sector, except that the flag shall be white.

3.   By way of derogation from paragraph 1, in the Baltic Sea, intermediary marker buoys shall be fixed to passive gear extending more than 1 nautical mile. Intermediary marker buoys shall be deployed at distances of not more than 1 nautical mile so that no part of the gear extending 1 nautical mile or more shall be left unmarked. Every fifth intermediary marker buoys shall be fitted with a radar reflector giving an echo of at least 2 nautical miles.

Article 19 General provisions

All fishing vessels subject to vessel monitoring system (VMS) requirements, in accordance with Article 9 of Regulation (EC) No 1224/2009 or more stringent provisions set out by other rules of the common fisheries policy, shall be equipped with a vessel monitoring device that meets the minimum technical conditions laid down in this Chapter.

Article 20 Minimum requirements and technical specifications for vessel monitoring devices

1.   Without prejudice to more stringent provisions set out by other rules of the common fisheries policy, Member States shall ensure that vessel monitoring devices in use:

(a)

have the capability to monitor and record vessel position data at a frequency of at least once every 10 minutes;

(b)

allow the transmission of the recorded data at a frequency and under the conditions specified in Article 23;

(c)

allow the storing of the recorded data during periods when transmission may not be possible, with the stored data transmitted once transmission becomes possible again;

(d)

be water-resistant to a rating of IP67 or higher;

(e)

have a unique serial number to differentiate it from other devices;

(f)

are fixed and secured to the fishing vessel; and

(g)

have functionality allowing the master to monitor the operational status and detect any malfunctioning, including through error notifications or alerts.

2.   Paragraph 1(a) may not apply to fishing vessels which, at the time of entry into force of this Regulation, have already installed and are using a vessel monitoring device that does not allow for the monitoring and recording of vessel position data at a frequency of at least once every 10 minutes, provided that the device allows for the transmission of the recorded data at a frequency and under the conditions specified in Article 23.

3.   Paragraphs 1(d) and (f) may not apply to fishing vessels of less than 12 metres in length overall, which use a mobile vessel monitoring device.

4.   The vessel position data to be recorded and transmitted by the vessel monitoring device shall include:

(a)

a unique identification number, enabling the fisheries monitoring centre (FMC) of the flag Member State to link the vessel position data to the fishing vessel;

(b)

the most recent geographical position of the fishing vessel using latitude and longitude coordinates on the World Geodetic System 1984, expressed in decimal degrees to an accuracy of 4 decimal places, with a position error of less than 50 metres and a confidence interval of 99 percent;

(c)

the date and time of each geographical position recorded for the fishing vessel, expressed in Co-ordinated Universal Time; and

(d)

the speed (in knots, with up to 2 decimal places) and course (in degrees, with an interval between 0-359.99 and up to 2 decimal places) of the fishing vessel.

Article 21 Content of vessel position data

The vessel position data exchanged by the flag Member State in accordance with Article 111(1) and (3) of Regulation (EC) No 1224/2009 shall contain at least the following information:

(a)

the CFR number for Union fishing vessels, when required by Commission Implementing Regulation (EU) 2017/218  ( 8 ) ;

(b)

the IMO number, where the vessel has such an identifier;

(c)

the IRCS, where the vessel has such an identifier;

(d)

the external registration letters and number(s) of the fishing vessel;

(e)

the name of the fishing vessel, where available;

(f)

vessel position data, including the information listed in Article 20(4); and

(g)

position type, subject to the following conditions:

(i)

an automatically collected position shall be marked as POS;

(ii)

a manually registered position shall be marked as MANUAL;

(iii)

where applicable, the first vessel position data inside the area of a third country waters will be marked as ENTRY; and

(iv)

where applicable, the first vessel position data outside the area of the third-country waters shall be marked as EXIT.

Article 22 Responsibilities of the masters of fishing vessels concerning the operation of vessel monitoring devices

1.   The master of a Union fishing vessel shall be responsible for operating a vessel monitoring device in an effective and correct way, and shall ensure that:

(a)

the vessel monitoring device is switched on before the start of and for the duration of the trip;

(b)

the functionality of the vessel monitoring device is closely monitored, and prompt action is taken to resolve any error notifications or malfunctions;

(c)

the vessel monitoring device is not manually overridden;

(d)

the vessel monitoring device is not used to transmit false data;

(e)

the vessel monitoring device is not destroyed, damaged, rendered inoperative, interfered with, or removed from the fishing vessel, except in the case of vessels less than 12 metres length overall with mobile tracking devices, for which the device may be removed after the end of the fishing trip;

(f)

the relevant data contained on the vessel monitoring device is not erased or otherwise altered;

(g)

the vessel monitoring device and any connected antenna(s) are not obstructed or otherwise interfered with to compromise or prevent the effective transmission of data or the accuracy of that data;

(h)

the vessel position data is transmitted at the frequency specified in Article 23;

(i)

the power supply to the vessel monitoring device is not interrupted; and

(j)

the first geographical position of the Union fishing vessel provided as part of the vessel position data after switching the device back on shall be identical to the last geographical position recorded before switching off the device, with a position error that shall be less than 500 metres and only within the port area, unless a lower margin of error is required under national law.

2.   By way of derogation to paragraph 1(a), the master of a Union fishing vessel may switch off the vessel monitoring device while in port or at a landing site, provided that a notification is transmitted to the competent authorities of the FMC of the flag Member State before switching off the device. This notification may be generated automatically or manually by the master and shall indicate that the fishing vessel is within the port area or landing site.

3.   Unless otherwise provided under national law, paragraph 1(j), shall not apply to Union fishing vessels of less than 12 metres in length overall with mobile vessel monitoring devices, which are transported on land to another coastal area after switching off the device.

Article 23 Frequency of transmission of vessel position data

1.   Without prejudice to more stringent provisions set out by other rules of the common fisheries policy, vessel monitoring devices shall transmit the vessel position data, including the information listed in Article 20(4), to the FMC of the flag Member State:

(a)

as from 10 January 2026 and until 10 July 2027, at least once every 2 hours, except when fishing activities are conducted within fishing restricted areas, as defined in Article 4(14) of Regulation (EC) No 1224/2009, including within a 5-nautical-mile radius of these areas, where the transmission interval shall be at least once every 30 minutes;

(b)

as from 10 July 2027, at least once every 30 minutes.

2.   By way of derogation from paragraph 1, flag Member States may:

(a)

require Union fishing vessels flying their flag to send the vessel position data referred to in paragraph 1 at shorter intervals;

(b)

as from 10 July 2027, allow fishing vessels to transmit the vessel position data referred to in paragraph 1 at least once every 60 minutes when the fishing vessel is:

(a)

conducting fishing operations beyond the outer limits of the territorial sea; and

(b)

not conducting fishing activities within fishing restricted areas, as defined in Article 4(14) of Regulation (EC) No 1224/2009, including within a 5-nautical-mile radius of these areas.

3.   The transmission of vessel position data shall be done:

(a)

through satellite connection or, where possible, via a land-based mobile network or other equivalent technology; and

(b)

ensuring confidentiality, integrity, availability, authenticity and non-repudiation of all transmitted data.

4.   For Union fishing vessels of less than 12 metres in length overall that use mobile vessel monitoring devices and are out of network coverage, vessel position data shall be recorded at the intervals specified in paragraphs 1 or 2 of this Article and transmitted in accordance with Article 9(3) of Regulation (EC) No 1224/2009.

Article 24 Transmission of vessel position data to the coastal Member State

1.   The FMC of each flag Member State shall, immediately upon receipt, ensure the automatic transmission to the FMC of a coastal Member State of the vessel position data provided in accordance with Article 21, concerning its fishing vessels while they are in the waters of the coastal Member State.

2.   The flag Member State shall grant the coastal Member State access upon request to all vessel position data, as specified in Article 21 of this Regulation, for fishing vessels flying its flag during any period in which those vessels are present within the Union waters of the coastal Member State. This access shall remain available for a minimum of three years from the date each position was recorded.

Article 25 Minimum requirements of the fishing logbook

1.   Without prejudice to more stringent provisions set out by other rules of the common fisheries policy, Member States shall ensure that the electronic fishing logbook in use allows:

(a)

recording of the minimum fishing logbook data referred to in Article 14 of Regulation (EC) No 1224/2009, and other relevant information referred to in Annex XV of this Regulation;

(b)

storing the recorded data during periods when transmission may not be possible, with the stored data transmitted once transmission becomes possible again;

(c)

receiving and storing return messages as referred to in Article 26 of this Regulation and make those available to the master of the catching vessel; and

(d)

have functionality allowing the user to monitor the operational status and detect any malfunctioning, including through error notifications or alerts.

2.   The transmission of fishing logbook data referred to in paragraph 1 shall be done:

(a)

via a land-based mobile network or a satellite communication system; and

(b)

ensuring confidentiality, integrity, availability, authenticity and non-repudiation of all transmitted data.

Article 26 Return messages from the authorities of the flag Member State

1.   Flag Member States shall transmit a return message to the electronic recording and reporting system onboard the vessel for fishing activity data referred to in Articles 14, 21, and 23 of Regulation (EC) No 1224/2009. The return message shall contain an acknowledgment of receipt and, where possible, information about acceptance or rejection of the message, including the reasons for rejection.

2.   The electronic recording and reporting system onboard a Union fishing vessel shall retain the return messages for all transmitted reports of a fishing trip at least until the start of a new fishing trip.

3.   Where required by the rules adopted by RFMOs that are binding upon Union, or those adopted in the context of sustainable fisheries partnership agreements (SFPAs) or other fisheries agreements concluded by the Union with a third country, the electronic recording and reporting system onboard a Union fishing vessel shall retain all additional return messages for transmitted reports of a fishing trip issued by the RFMO or the third party until the start of a new fishing trip.

Article 27 Completion and electronic submission of the fishing logbook

1.   The master of a Union catching vessel shall complete and submit by electronic form the fishing logbook data in accordance with the requirements set out in Articles 14 and 15 of Regulation (EC) No 1224/2009 and the instructions set out in Annex XV. Additionally, for catching vessels of 12 metres in length overall or more, the date and time at the moment the information is transmitted from the vessel to the FMC shall be reported.

2.   The master of a Union catching vessel shall send a departure report to the FMC of the flag Member State before leaving a port or a landing site. This report shall be the first report of the trip being started.

3.   Before arrival at port or at a landing site, the master of a Union catching vessel shall send a return to port message to the FMC of the flag Member State.

4.   The master may transmit corrections to the fishing logbook data up to the last submission made before entering a port or a landing site. Masters shall ensure corrections are easily identifiable by the competent authorities. All original electronic fishing logbook data and corrections to those data shall be stored by the competent authorities of the flag Member State.

5.   By way of derogation to paragraphs 2 and 3, masters of Union catching vessels of less than 12 metres in length overall shall submit the relevant data and departure message, at the latest after the last fishing operation has been completed and before the landing starts.

6.   The codes given in Annex XVI shall apply to indicate, under the appropriate headings of the fishing logbook, the fishing gear used.

Article 28 Use of conversion factors

1.   For the completion of the fishing logbook, the transhipment declaration, and the landing declaration, the EU conversion factors set out in Annexes XII, XIII and XIV shall apply to convert stored or processed fish weight into live fish weight, pursuant to Articles 14(10), 21(5), and 23(4) of Regulation (EC) No 1224/2009. They shall apply to fishery products on board, transhipped, or landed by Union fishing vessels.

2.   By way of derogation from paragraph 1, conversion factors other than those established in Annexes XII, XIII and XIV shall apply where:

(a)

the rules adopted by RFMOs that are binding upon the Union, or those adopted in the context of SFPAs concluded by the Union with third countries have established conversion factors;

(b)

no conversion factors as referred to in paragraph 1 or point (a) of this paragraph, exist for a given species and presentation, in which case the conversion factors adopted by the flag Member State shall apply.

3.   Without prejudice to paragraph 2, the competent authorities of Member States shall use the EU conversion factors referred to in paragraph 1 when calculating the live weight of transhipments and landings to monitor the quota uptake.

Article 29 Calculation method

1.   The fish live weight shall be obtained by multiplying the fish processed weight by the conversion factors referred to in Article 28 for each species and presentation.

2.   In case of collective presentations, only one conversion factor corresponding to one of the parts of the collective presentation of a fish shall be used.

Article 30 General rules on the implementation of the margin of tolerance for estimates recorded in the fishing logbook

1.   The margins of tolerance referred to in Article 14(3) and (4) of Regulation (EC) No 1224/2009 shall be expressed as a percentage of the fishing logbook figures.

2.   For catches which are to be landed unsorted, estimates recorded in the fishing logbook may be calculated on the basis of representative samples or by using technologies that allow for more accurate estimation of the total quantities kept on board.

3.   For the purpose of the application of Article 14(3) and (4) of Regulation (EC) No 1224/2009, species caught for live bait shall be considered as a species caught and kept on board.

Article 31 Margin of tolerance in the transhipment declaration

The margin of tolerance referred to in Article 21(3) of Regulation (EC) No 1224/2009 for the estimation of quantities in kilograms live weight of each species transhipped or received shall be expressed as a percentage of the transhipment declaration figures.

Article 32 Completion of the landing of fishery products after transport under control plans and common control programmes

When the fishery products are transported from the place of landing before they have been weighed in accordance with a control plan or a common control programme pursuant to Article 60(3)(c) and (d) of Regulation (EC) No 1224/2009, respectively, the landing shall be regarded to have been completed for the purpose of the application of Article 23(2)(f) and (g), Article 24(1) and (2), and Article 66(1), (3) and (4)(c) of Regulation (EC) No 1224/2009 only when the fishery products have been weighed.

Article 33 Fishing operations involving two or more Union catching vessels

Without prejudice to special rules in the case of fishing operations involving two or more Union catching vessels, the landed catch resulting from such fishing operations shall be attributed to the Union catching vessel landing the fishery products:

—

from different Member States, or

—

from the same Member State but where the catches are landed in a Member State of which they do not fly the flag.

Article 34 General rules

1.   Without prejudice to the exemptions established under Article 65 of Regulation (EC) No 1224/2009 and unless otherwise provided under the rules of the common fisheries policy, registered buyers, registered auctions or producer organisations shall complete and submit by electronic means a sales note in accordance with the requirements set out in Articles 62 and 64 of Regulation (EC) No 1224/2009 and the instructions set out in Annex XIX.

2.   The type of presentation referred to in Article 64(1) of Regulation (EC) No 1224/2009 shall include the state of processing as set out in Table 2 of Annex I to this Regulation.

3.   The price referred to in Article 64(1)(n) of Regulation (EC) No 1224/2009 shall be indicated in the currency applicable in the Member State where the sale takes place.

Article 35 Content and format of surveillance and inspection reports

1.   The surveillance reports referred to in Article 71(3) and (4) of Regulation (EC) No 1224/2009 shall be drawn up and submitted, where possible by electronic means, in accordance with the instructions and rules set out in Annex VI to this Regulation.

2.   The inspection reports referred to in Article 76 of Regulation (EC) No 1224/2009 shall be drawn up and submitted by electronic means in accordance with the instructions and rules set out in the appropriate module established in Annex VII to this Regulation.

3.   When a suspected infringement is detected during surveillance or inspection, the legal and material elements together with any other information relevant to the infringement shall be included in the corresponding surveillance or inspection report. When several suspected infringements are detected during surveillance or inspection, relevant elements of each infringement shall be noted in the corresponding surveillance or inspection report.

4.   Data from the surveillance and inspection reports shall be kept available in the database for at least three years.

Article 36 Rules on the electronic database

Member States shall upload the data contained in their surveillance and inspections reports into the electronic database referred to in Article 78 of Regulation (EC) No 1224/2009, which shall at least provide for the functionalities to list, sort, filter, browse and derive statistics from the surveillance and inspection reports. The minimum information recorded in this database shall be that indicated in Annex VI and Annex VII, respectively.

Article 37 Completion of inspection reports

1.   The inspection report shall be legible and clearly recorded. No entry in the report shall be erased or altered. If a mistake is made in the report, the incorrect entry shall be visibly noted and recorded by the official concerned.

2.   The official responsible for the inspection shall sign or issue the report. The inspected operator shall be invited to sign or accept the report. In case the inspected operator is not able to or refuse to accept or sign the inspection report, the inspector shall note this in the observations section of the report. In case where officials do not speak the same language as the inspected operator, they shall take appropriate measures to make understandable their findings.

3.   Without prejudice to national law, the inspected operator’s signature or acceptance of the report shall constitute an acknowledgement of the report and shall not be regarded as an acceptance of the contents therein.

4.   Upon request, the inspected operator shall have the right to contact their representative or the competent authorities of their flag Member State.

Article 38 Notification of Union inspectors to EFCA

Within three months from the date of entry into force of this Regulation, Member States and the Commission shall electronically notify to EFCA a list of officials to be included in the list of Union inspectors, in accordance with Article 79 of Regulation (EC) No 1224/2009.

Article 39 Adoption and maintenance of the list of Union inspectors

1.   Based on the information notified by Member States and the Commission under Article 38 of this Regulation, EFCA shall draw up a list of Union inspectors, including EFCA officials, to be submitted to the Commission for adoption within six months from the date of entry into force of this Regulation.

2.   Officials included in the list of Union inspectors referred to in Article 38 shall:

(a)

have extensive experience in the field of fisheries control and inspection;

(b)

possess an in-depth knowledge of fisheries legislation of the European Union;

(c)

have a thorough knowledge of one of the official languages of the European Union and a satisfactory knowledge of a second;

(d)

be physically fit to perform their duties; and

(e)

have received adequate training regarding safety at sea, where appropriate.

3.   After the adoption of the initial list referred to in paragraph 1, Member States and the Commission shall notify EFCA of any amendments to the list they wish to introduce for the following calendar year by 30 September each year. EFCA shall communicate such modifications to the Commission, which shall update the list accordingly by 31 December each year. Depending on the number of amendments received, the Commission may update the list at shorter intervals.

4.   The list and any amendments thereto shall be published on the official website of EFCA.

Article 40 Notification of Union inspectors to RFMOs

EFCA shall communicate to the secretariat of an RFMO to which the Union or its Member States are a party the list of Union inspectors who are to carry out inspections in the framework of that Organisation.

Article 41 Powers and duties of Union inspectors

1.   In the accomplishment of their tasks, Union inspectors shall comply with the law of the European Union and, as far as applicable, the national law of the Member State where the inspection takes place or, where the inspection is carried out outside Union waters, of the flag Member State of the inspected fishing vessel and relevant international rules.

2.   Union inspectors shall present a service card stating their identity and the capacity under which they operate at the time of inspection to any concerned person that requires their identification. For this purpose, they shall be provided with an identification document issued by EFCA stating their identity and capacity.

3.   Member States shall facilitate the execution of duties by Union inspectors and shall afford them such assistance as they need to fulfil their tasks.

Article 42 Reports of Union inspectors

1.   Union inspectors shall submit a daily summary on their inspection activities, including the name and identification number of each fishing vessel or craft inspected and the type of inspection carried out, to the competent authorities of the Member State in whose waters or territory the inspection took place or, where the inspection was carried out outside Union waters, to the flag Member State of the inspected Union fishing vessel, and EFCA.

2.   If Union inspectors detect an infringement in the course of an inspection, they shall without delay submit a summarised inspection report to the competent authorities of the coastal Member State or, where the inspection was carried out outside Union waters, to competent authorities of the flag State of the inspected fishing vessel and EFCA. Such summarised inspection report shall specify at least the date and place of the inspection, identification of the inspection platform, identification of the inspected target and type of infringement detected.

3.   Union inspectors shall submit a copy of the full inspection report, in accordance with Article 76 of Regulation (EC) No 1224/2009, noting the relevant items in the appropriate inspection module of the inspection report in Annex VII to the competent authorities of the flag State of the inspected fishing vessel or craft and of the Member State in whose waters the inspection took place, within 7 days from the date of inspection.

Article 43 Follow-up of reports

1.   Member States shall act on reports submitted by the Union inspectors in accordance with Article 42 of this Regulation in the same way as they act on reports from their own officials.

2.   The Member State that nominated the Union inspector or, where appropriate, the Commission or EFCA shall cooperate with the Member State acting on a report submitted by the Union inspector to facilitate judicial and administrative proceedings.

3.   On request, a Union inspector shall assist and give evidence in infringement proceedings undertaken by any Member State.

Article 44 Notification of decisions on assignment of points

1.   If the competent national authorities designated in accordance with Article 92(10) of Regulation (EC) No 1224/2009 is not the same as the single authority referred to in Article 5(5) of Regulation (EC) No 1224/2009, Member States shall ensure that the latter is informed of any decision taken pursuant to this Chapter.

2.   The holder of the fishing licence and the master shall be informed by the flag Member State concerned about any points assigned to them in accordance with Article 92(2) and (4) of Regulation (EC) No 1224/2009.

3.   Member States shall establish procedures under national law to ensure the prompt notification of the relevant decisions to the holder of the fishing licence and to the master.

Article 45 Transfer of the points

When a catching vessel or fishing licence is sold, transferred, or otherwise changes ownership, the owner of the vessel or the holder of the fishing licence shall inform the potential future owner or licence holder of the number of points still assigned. This information shall be provided by means of a certified copy obtained from the competent authorities.

Article 46 Deletion of fishing licences from relevant lists

1.   If the fishing licence is suspended or withdrawn permanently in accordance with Article 92(6) of Regulation (EC) No 1224/2009, the catching vessel to which the suspended or permanently withdrawn fishing licence relates shall be identified as being without a fishing licence in the national fishing fleet register referred to in Article 24(1) of Regulation (EU) No 1380/2013. This catching vessel shall also be identified in this way in the Union fishing fleet register referred to in Article 24(3) of Regulation (EU) No 1380/2013.

2.   The deletion of a fishing licence from relevant lists, in accordance with Article 92(6) of Regulation (EC) No 1224/2009, shall not affect the fishing capacity ceilings of the Member State issuing the licence as referred to in Article 22(7) of Regulation (EU) No 1380/2013.

Article 47 General rules for the deduction of quotas and fishing efforts for excess of utilisation

The calculation regarding the extent of excess utilisation of fishing opportunities shall be based on the fishing opportunities available to the Member State at the end of each relevant period. This assessment will take into account the exchange of fishing opportunities in accordance with Article 16(8) of Regulation (EU) No 1380/2013, quota transfers as per Article 4(2) of Council Regulation (EC) No 847/96 or Article 15(9) of Regulation (EU) No 1380/2013, as well as quota transfers and exchanges with third countries or RFMOs. Additionally, the reallocation of available fishing opportunities under Article 37 of Regulation (EC) No 1224/2009 and the deduction of fishing opportunities in accordance with Articles 105, 106, and 107 of Regulation (EC) No 1224/2009 shall also be considered in the calculation.

Article 48 Consultation on the deduction of fishing opportunities

For deductions of fishing opportunities in accordance with Articles 105(2), (2a), (4) and (5), and 106(1), (2) and (3) of Regulation (EC) No 1224/2009, the Commission shall consult the Member State concerned on suggested measures. The Member State concerned shall respond within 10 working days to this consultation by the Commission.

Article 49 Definitions

For the purposes of this Chapter, ‘electronic database’ means one or more databases set up by Member States for the validation of data, in accordance with Article 109(1) of Regulation (EC) No 1224/2009.

Article 50 Validation of data

1.   Each Member State shall have in place and implement a data validation system that enables its competent authorities to comply with Article 109 of Regulation (EC) No 1224/2009.

2.   The data validation system referred to in paragraph 1 shall meet the following minimum requirements:

(a)

include an electronic database for storing all validated data and data to be validated;

(b)

provide for validation procedures, as referred to in Article 52;

(c)

provide for data access procedures, as referred to in Article 53; and

(d)

ensure that all data stored in the electronic database referred to in Article 51 of this Regulation meets the format, quantity, and quality standards required under Regulation (EC) No 1224/2009, including standards for accuracy, completeness, consistency, and timely submission of data.

3.   The validation system referred to in paragraph 1 shall be fully automated and use algorithms and other automatic mechanisms, including alert functions, that enable the competent authorities to promptly identify and investigate data inconsistencies, errors, and missing information, in accordance with Article 109(3) and (5) of Regulation (EC) No 1224/2009.