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.
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.
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.
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.
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.
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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
