CHAPTER I — Mutual assistance
Section 1 — General provisions
Scope
1. This Chapter lays down the conditions under which the Member States shall administratively cooperate with each other, with third countries, with the Commission and with EFCA to ensure the effective application of Regulation (EC) No 1224/2009 and this Regulation. It does not prevent Member States to establish other forms of administrative cooperation, as appropriate.
2. This Chapter shall not bind Member States to grant each other assistance where that would be likely to be injurious to their national legal system, public policy, security, or other fundamental interests. Before denying a request for assistance, the requested Member State shall consult the applicant Member State to determine whether assistance may be given in part, subject to specific terms and conditions. Where a request for assistance cannot be complied with the applicant Member State and the Commission or EFCA shall promptly be notified of that fact and reasons shall be stated.
3. This Chapter shall not affect the application in the Member States of rules on criminal procedure and mutual assistance in criminal matters, including those on secrecy of judicial inquiries.
Costs
Member States shall bear their own costs of executing a request for assistance and shall waive all claims for the reimbursement of expenses incurred in applying this Chapter.
Member States’ single authority
The single authority referred to in Article 5(5) of Regulation (EC) No 1224/2009 shall act as a central coordination office responsible for the application of this Chapter.
Communication of follow-up measures
1. Where national authorities decide, in response to a request for assistance or following a spontaneous exchange of information, to take follow-up measures which may be implemented only with the authorisation or at the demand of an administrative or judicial authority, they shall communicate to the Member State concerned and the Commission or EFCA any information on those measures which is related to an infringement of the rules of the common fisheries policy.
2. Any communication referred to in paragraph 1 shall have the prior authorisation from an administrative or judicial authority if such authorisation is required by national law.
Section 2 — Requests for assistance
Transmission of requests and replies
1. Requests shall only be sent by the single authority of the applicant Member State, by the Commission or EFCA to the single authority of the requested Member State. All replies to a request shall be communicated in the same way.
2. Requests for mutual assistance and the respective replies shall be made in writing, and, where possible, by electronic means.
3. The languages used for requests and replies shall be agreed by the single authorities concerned before requests are made. If no agreement can be reached, requests shall be communicated in the official language(s) of the applicant Member State and replies in the official language(s) of the requested Member State.
Requests for information
1. At the request of an applicant Member State, of the Commission or EFCA, a Member State shall supply any relevant information necessary to establish whether an infringement of the rules of the common fisheries policy has been committed or whether there is a reasonable suspicion it may be committed. That information shall be supplied via the single authority as referred to in Article 68.
2. At the request of the applicant Member State, of the Commission or EFCA, the requested Member State shall carry out the appropriate administrative enquiries concerning operations which constitute or appear to the applicant to constitute an infringement of the rules of the common fisheries policy, in particular serious infringements referred to in Article 90(2) and (3) of Regulation (EC) No 1224/2009. The requested Member State shall communicate the results of such administrative enquiries to the applicant Member State and to the Commission or EFCA.
3. At the request of the applicant Member State, of the Commission or EFCA, the requested Member State may permit a competent official of the applicant Member State to accompany the officials of the requested Member State, the Commission or EFCA, in the course of administrative enquiries referred to in paragraph 2. In so far as national provisions on criminal proceedings restrict certain acts to officials specifically designated by national law, the officials of the applicant Member State shall not take part in such acts. They are also prohibited from participating in searches of premises or the formal questioning of persons under criminal law. The officials of the applicant Member States present in the requested Member State shall at any time be able to present written authority stating their identity and their official functions.
4. At the request of the applicant Member State, the requested Member State shall supply it with any document or certified true copies in its possession which relates to an infringement of the rules of the common fisheries policy.
5. Requests for information and their replies shall be made using the standard form set out in Annex VIII.
Information without prior request
Each coastal Member State shall transmit to the other Member States and to the Commission, in electronic format (a structured comma-separated values file or another standardised file format for the exchange of spatial data allowing automated processing by other Member States’ systems and the Commission), a comprehensive list of geographical coordinates (latitude and longitude, expressed in decimal degrees using the World Geodetic System 1984) which delineate its exclusive economic zone or other fishing zone under its sovereign rights and jurisdiction. It shall also communicate in due time to the other Member States and the Commission any changes in these coordinates before the change takes effect.
Deadline for replies to requests for information
1. The requested Member State shall provide the information referred to in Article 71(1) as soon as possible, and in any case not later than 4 weeks following the date of receipt of the request. Different time limits may be agreed between the requested and the applicant Member State, the Commission or EFCA.
2. Where the requested Member State is unable to respond to the request by the deadline, it shall inform the applicant Member State, the Commission or EFCA in writing of the reason for its failure to do so and indicate when it considers it will be able to respond.
Requests for administrative notification
1. At the request of an applicant Member State, the requested Member State shall, in accordance with its national rules for notifying similar instruments and decisions, notify the natural or legal person indicated by the applicant Member State of any instrument and decision related to Regulation (EC) No 1224/2009 and its implementing legislation, which emanate from the administrative authorities of the applicant Member State and are to be served in the territory of the requested Member State.
2. The requested Member State shall transmit its reply to the applicant Member State immediately after the notification via the single authority referred to in Article 68 of this Regulation.
3. Requests for notification and their replies shall be made using the standard forms set out in Annex IX and Annex X.
Section 3 — Member States’ relations with the Commission and EFCA
Communication between the Member States and the Commission or EFCA
1. Each Member State shall promptly communicate to the Commission, and where possible to EFCA, any information it considers relevant concerning methods, practices, or emerging trends used or suspected to be used in cases of infringements of the rules of the common fisheries policy, particularly in the case of serious infringements as referred to in Article 90(2) and (3) of Regulation (EC) No 1224/2009.
2. The Commission and, where relevant, EFCA shall communicate to the Member States, without delay, any information that would help them in better implementing and enforcing Regulation (EC) No 1224/2009 or this Regulation.
Coordination by the Commission or EFCA
1. Where a Member State becomes aware of operations which constitute, or appear to constitute, an infringement of the rules of the common fisheries policy, particularly in the case of serious infringements referred to in Article 90(2) and (3) of Regulation (EC) No 1224/2009, and which are of relevance at Union level, it shall promptly communicate to the Commission or EFCA any relevant information needed to determine the facts. The Commission or EFCA shall convey that information to the other Member States concerned.
2. For the purposes of paragraph 1, operations which constitute an infringement of the rules of the common fisheries policy, particularly in the case of serious infringements as referred to in Article 90(2) and (3) of Regulation (EC) No 1224/2009, shall be deemed to be of relevance at Union level especially where:
(a)
they have, or might have, connections in two or more Member States; or
(b)
it appears likely to the Member State that similar operations have also been carried out in other Member States.
3. Where the Commission or EFCA considers that operations which constitute an infringement of the rules of the common fisheries policy, particularly in the case of serious infringements as referred to in Article 90(2) and (3) of Regulation (EC) No 1224/2009 have been committed in two or more Member States, it shall inform the Member States concerned thereof which shall as soon as possible carry out enquiries. The Member States concerned shall, as soon as possible, communicate to the Commission or EFCA the findings of those enquiries.
Section 4 — Member States’ relations with third countries
Information exchange with third countries
1. When a Member State receives information from a third country or an RFMO which is relevant for the effective implementation of Regulation (EC) No 1224/2009 and this Regulation, it shall communicate that information via the single authority referred to in Article 68 of this Regulation to the other Member States concerned, to the Commission and, where possible, to EFCA, in so far as it is permitted to do so by bilateral agreements with that third country or the rules of that RFMO.
2. Information received under this Chapter may be communicated to a third country or an RFMO by a Member State via its single authority under a bilateral agreement with that third country or in accordance with the rules of that RFMO. That communication shall take place after consultation of the Member State that originally communicated the information and in accordance with Union and national legislation regarding the protection of individuals regarding the processing of personal data.
3. The Commission or EFCA may, in the framework of SFPAs or of fisheries partnership agreements concluded between the Union and third countries or in the framework of RFMOs or similar arrangements to which the Union is a contracting party or a non-contracting cooperating party, communicate relevant information concerning an infringement of the rules of the common fisheries policy to other parties to those agreements, organisations or arrangements, subject to the consent of the Member State that supplied the information and in accordance with Regulation (EU) 2018/1725.
CHAPTER II — Reporting obligations
Content and format of reports from Member States
1. Member States shall use the minimum information laid down in Annex XVIII for the annual report on control and inspections referred to in Article 93b of Regulation (EC) No 1224/2009.
2. Member States shall use the minimum information laid down in Annex XI for the five year-report as referred to in Article 118(1) of Regulation (EC) No 1224/2009.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
