Sampling plan for the weighing of fishery products landed sorted or unsorted
ANNEX IISupplementary provisions
ANNEX II Sampling plan for the weighing of fishery products landed sorted or unsorted This sampling plan lays down the minimum conditions for the weighing of fishery products from small pelagic fisheries, whether landed sorted or unsorted, fishery products intended for industrial purposes, and demersal fishery products landed in standardised boxes, in accordance with a derogation approved under Article 60(3)(a) of Regulation (EC) No 1224/2009. A. General rules 1. The derogation to weigh under Article 60(3)(a) of Regulation (EC) No 1224/2009 shall be subject to the conditions set out in this Annex and the rules laid down in Articles 3 to 8 of this Regulation. 2. Fishery products covered by this Annex shall be landed in a condition that permits species identification. Without prejudice to Article 90(3)(b) and (c) of Regulation (EC) No 1224/2009, where quantities are landed in a condition that does not permit species identification due to special circumstances, such as the malfunctioning of refrigerator systems on-board, those quantities shall, for the purposes of this Annex, be attributed to the proportion of each species determined by sampling carried out in accordance with Section B or by means of technologies achieving better or equivalent results. B. Procedures 3. For fishery products landed unsorted, the sampling procedures laid down in sub-sections (i) and (ii) or (iii) shall apply. 4. For fisheries products landed sorted, the sampling procedures laid down in sub-section (iii) shall apply. 5. Member States shall have in place and implement measures to ensure the correct weighing and registration of samples by authorised weighing operators. As a minimum, such measures shall require that each sample is identifiable, labelled and kept separate from the rest of the fishery products for a minimum of two hours after sampling or up to the end of the weighing. Labels shall indicate the net weight of each quantity of each species for each sample. (i) Rules to determine the catch composition of unsorted fishery products 6. Samples shall be collected individually and at regular intervals throughout the entire landing, from the start to its completion and prior to sorting, by authorised weighing operators, using the sample-size matrix(es) referred to in point 8. Each sampling operation shall include at least the following steps: (a) sorting all fishery products in the sample into their component species; (b) weighing individually the quantities of each species in every sample, including by-catch and non-pelagic species; and (c) recording the weight of each species in each sample. 7. Except for fishery products landed in boxes or containers, samples shall be collected using automatic or semi-automatic sampling systems positioned on the water separator in use, or other locations identified by the competent authorities. 8. The appropriate number of samples shall be determined, according to the quantities landed, on the basis of a representative sample-size matrix. That matrix shall, as a minimum, comply with the following methodology: MATRICES FOR SAMPLING OF UNSORTED CATCHES OF SMALL PELAGIC FISHERY PRODUCTS Fishery Area Sample quantities Individual sample size Baltic Sea HER/SPR Sub div. 22-29 and 32 excluding Gulf of Riga (28.1) 5 samples for 0 – <10 t 7 samples for ≥10 - <20 t 9 samples for ≥20 - <30 t 12 samples for ≥ 30- <40 t 15 samples for ≥40 - <50 t 18 samples for ≥50 - <100 t 21 samples for ≥100 - <300 t +1 sample for each additional 25 t min 2.5 kg Gulf of Bothnia HER Sub div 30,31 6 samples for 0 - <60 t +1 sample for each additional 25 t min 5 kg Gulf of Riga HER Sub div 28.1 5 samples for 0 - <15 t +1 sample for each additional 5 t min 2,5 kg North Sea HER Sub div. 4a-c and 2a, 3a 5 samples for 0 - <500 t +1 sample for each additional 100 t min 10 kg North Sea SPR Sub div. 4a-c and 3a 5 samples for 0 – <50 t 8 samples for ≥ 50 – <100 t +1 sample for each additional 25 t min 10 kg SAN All area 5 samples for 0 – <200 t +1 sample for each additional 100 t min 10 kg Mediterranean PIL/ANE All Mediterranean 5 samples for 0 – <1 t 6 samples for ≥ 1 – <2 t 7 samples for ≥ 2 – <3 t 8 samples for ≥ 3 – <4 t 9 samples for ≥ 4 – <5 t +1 sample for each additional 2 t min 5 kg NOP / BOC All areas 10 samples for 0 – <100 t 15 samples for ≥ 100 – <200 t 20 samples for ≥ 200 – <300 t +1 sample for each additional 50 t min 10 kg WHB All areas 5 samples for 0 – <800 t +1 sample for each additional 100 t min 10 kg MAC All areas 12 samples for 0 – <300 t +1 sample for each additional 25 t min 20 kg HOM All areas 8 samples for 0 – <50 t +1 sample for each additional 15 t min 15 kg Atlantic HER All areas excluding North Sea and Baltic Sea 5 samples for 0 – <50 t +1 sample for each additional 20 t min 20 kg Generic for fisheries not covered above All areas 5 samples for 0 – <10 t min 10 kg ≥ 10 – <250 t +1 sample for each additional 10t ≥ 250 – <500 t +1 sample for each additional 50 t ≥ 500 t +1 sample for each additional 100 t 9. If the quantities sampled exceed the minimum individual sample volume indicated in the sampling matrix referred to in point 8, they shall be used in full and shall not be reduced. 10. To determine the catch composition of all fishery products landed, the procedure shall be as follows: (a) record the total number of samples collected under point 8 with sequential numbering and the time of sampling; (b) calculate and record the weight (in kg) of each quantity of each species per sample and the total weight of the sample; and (c) calculate and record the aggregated weight (in kg) and proportion of each quantity of each species for the combined results of sampling, including by-catch and non-pelagic species. 11. The weight of all samples shall be included in the total weight of the fishery products landed. (ii) Rules to determine the total weight of fishery products landed unsorted without sample weighing 12. The total weight of all unsorted quantities landed may be determined without sample weighing as follows: (a) where fishery products are landed in containers, the total weight shall be determined by weighing all containers and deducting the corresponding tare weight. The permitted tare shall be the manufacturer’s stated tare weight; (b) where fishery products are weighed on a conveyor belt or on batch weighing systems: (i) the starting figure recorded shall be the initial cumulative total displayed; (ii) the final figure recorded shall be the cumulative total displayed after weighing; and (iii) the difference between the figures in points (i) and (ii) shall be the weight of the fish. (c) where fishery products are weighed on weighbridges, the recorded weight shall be the difference between the transport unit without fish and the transport unit loaded with fish. 13. The total weight displayed on the weighing system, together with the weight of any samples collected in accordance with point 8 above, will be the total aggregate weight of all fishery products that were landed. The total weight per species of all fishery products landed shall be obtained by extrapolating the proportion of each species, as determined in accordance with point 8 to the total weight of all unsorted quantities landed, as determined in accordance with point 12. (iii) Rules to determine the total weight of sorted and unsorted fishery products through sample weighing of standardised boxes and standardised containers 14. Samples of standardised boxes or standardised containers shall be collected individually and at regular intervals throughout the entire landing, from the start to its completion, by authorised weighing operators, using the sample-size matrix referred to in points 17 and 19. Each sampling operation shall include at least the following steps: (a) weighing each standardised box or standardised container sampled at landing; (b) calculating the average weight of the standardised boxes or standardised containers landed by dividing the cumulative weight of all sampled boxes or containers by the number of standardised boxes or standardised containers sampled; (c) calculating the maximum deviation from the average weight within the sample, determined as the highest absolute percentage resulting from dividing the difference between the weight of any individual standardised box or standardised container sampled at landing and the average weight calculated in accordance with sub-point (b), by that average weight and multiplying the result by 100; (d) calculating the total gross weight of the standardised boxes or standardised containers by multiplying the average weight as determined under sub-point (b), by the total number of standardised boxes or standardised containers landed; and (e) for unsorted small-pelagic fisheries products landed in standardised containers, the total quantities of each species landed shall be obtained by extrapolating the proportion of species present in the fishery products obtained through sampling to establish the catch composition under sub-section (i) to the total weight of all fisheries products landed, as determined through sampling procedures using the sample-size matrix referred to in point 17. 15. The appropriate number of samples shall be determined, according to the quantities landed, on the basis of a representative sample-size matrix in accordance with points 17 and 19. 16. For unsorted or sorted small pelagic fishery products landed in standardised boxes or standardised containers, a two-step sampling methodology may be applied: (a) a first sample is weighed using the sampling matrix for Sample I referred to in point 17; (b) where the average weight of standardised boxes or standardised containers with unsorted or sorted small pelagic fishery products determined in accordance with Sample I deviates by more than 5 % from any individual weight among the sampled boxes or containers, additional standardised boxes or standardised containers shall be weighed according to the sampling matrix for Sample II referred to in point 17; (c) Sample II shall consist of the boxes or containers from Sample I supplemented with the number of boxes or containers needed to achieve the sample size specified by the Sample II matrix; (d) where the average weight of standardised boxes or standardised containers with unsorted or sorted small pelagic fishery products determined in accordance with Sample I and Sample II deviates by more than 7.5 % from any individual weight among the sampled boxes or containers, all standardised boxes or standardised containers of fishery products shall be fully weighed on landing. 17. Subject to point 16, for unsorted or sorted small pelagic fishery products landed in standardised boxes or standardised containers, the two-step sampling methodology shall be based, at a minimum, on the following matrix, to determine the overall quantities landed: UNSORTED OR SORTED SMALL PELAGIC FISHERY PRODUCTS Total number of standardised boxes or standardised containers landed Sample size I (number of standardised boxes or standardised containers) Sample size II (number of standardised boxes or standardised containers) 10 or less 4 6 11 – 20 5 8 21 – 30 5 10 31 – 40 5 10 41 – 50 5 11 51 – 60 6 11 61 – 70 6 11 71 – 80 6 11 81 – 90 6 12 91 – 100 6 12 Every additional 100 boxes or containers + 1 +1 18. For demersal fishery products landed in standardised boxes, a two-step sampling methodology may be applied: (a) a first sample is weighed using the sampling matrix for Sample I referred to in point 19; (b) where the average weight of standardised boxes with demersal fishery products in Sample I deviates by more than 5 % from any individual weight among the sampled boxes, additional standardised boxes shall be weighed according to the sampling matrix for Sample II referred to in point 19; (c) Sample II shall consist of the boxes from Sample I supplemented with the number of boxes needed to achieve the sample size specified by the Sample II matrix; (d) where the average weight of standardised boxes with demersal fishery products in Sample I and Sample II deviates by more than 10 % from any individual weight among the sampled boxes, all standardised boxes of fishery products shall be fully weighed on landing. 19. Subject to point 18, for demersal fishery products landed in standardised boxes, the two-step sampling methodology shall be based, at a minimum, on the following matrix, to determine the overall quantities landed: DEMERSAL FISHERY PRODUCTS Total number of standardised boxes landed Sample size I (number of standardised boxes) Sample size II (number of standardised boxes) 5 or less All All 5 – 10 5 All 11 – 20 5 11 21 – 30 5 14 31 – 40 5 15 41 – 50 5 16 51 – 60 6 17 61 – 70 6 18 71 – 80 6 19 81 – 90 6 19 91 – 100 6 20 101 – 150 N/A 21 Every additional 100 standardised boxes + 1 +2 C. Measures to ensure compliance 20. Member States shall effectively monitor compliance with the conditions set out in this Annex at all stages of the sampling process and ensure that natural persons who commit and legal persons who are held liable for, infringements of these rules are subject to effective, proportionate, and dissuasive sanctions and other enforcement measures, in accordance with Title VIII of Regulation (EC) No 1224/2009. 21. The procedures referred to in Section B shall be conducted under at least one of the following conditions: (a) in the presence of officials; (b) in weighing facilities that are fully or partially publicly owned or operated and are subject to dedicated control, inspection and transparency mechanisms, in order to exclude any direct or indirect conflict of interest that may affect the impartial exercise of their tasks; (c) by independent third-party weighers complying with the minimum conditions laid down in Article 3(3) of Commission Implementing Regulation (EU) 2024/1474 ( 1 ) , subject to dedicated control, inspection and transparency mechanisms; (d) subject to alternative control measures requested under point 23, based on risk management and ensuring compliance with Section B, such as the use of remote electronic monitoring system (REM) with closed-circuit television (CCTV) or equivalent technology. Those measures shall be submitted to the Commission in accordance with Article 10(2)(d). 22. When REM systems with CCTVs are used, in accordance with point 21(d), the competent authorities of the Member State of weighing shall: (a) review their installation to ensure the effectiveness of such systems for the monitoring of weighing, sampling and catch registration activities; (b) have access to the systems and recordings, upon request; and (c) review a minimum number of the CCTV recordings as part of the control and inspection measures referred to in Article 8. D. Alternative conditions 23. Member States may request alternative conditions to those laid down in points 6, 7, 8, 10, 16 to 19, and 21 of this Annex, provided that such alternative conditions: (a) concern special situations relating to: (i) catching vessels below 12 meters length overall; (ii) small quantities landed, weighed or transported; (iii) the findings of independent scientific studies or bodies that are recognised at Union, national or international level; (iv) the inter-box weight of fishery products landed in standardised boxes; (v) the state of processing of fishery products; (vi) fishery products not subject to quota or fisheries specific to Member States; (vii) authorised weighing operators; or (viii) the use of new technology; and (b) ensure the same or a higher level of accuracy in weighing and catch-registration results. 24. Member States may allow catches of species not subject to Union conservation measures, from small pelagic and demersal fisheries covered by this Annex, landed unsorted and not exceeding 100 kg in total weight, to be sampled using an alternative sample-size methodology than the one referred to in points 8, 17 and 19 and associated procedures. Such methodology and procedures shall be submitted to the Commission in accordance with Article 10(2)(d) and shall comply with the conditions set out in point 23. ( 1 ) Commission Implementing Regulation (EU) 2024/1474 of 24 May 2024 laying down rules for the application of Article 14(4), point (a), of the Council Regulation (EC) No 1224/2009 as regards derogation from the margin of tolerance in estimating catches for unsorted landings and transhipments from small pelagic, industrial and tropical tuna purse seiners fisheries ( OJ L, 2024/1474, 27.5.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/1474/oj ).