Commission Implementing Decision (EU) 2023/2376 of 22 September 2023 amending Implementing Decision (EU) 2018/1986 establishing specific control and inspection programmes for certain fisheries

‘2 The specific control and inspection programmes are set out in Annexes I to Va and shall be implemented by the Member States referred to in those Annexes (‘Member States concerned’).’

‘1 The specific control and inspection programmes shall ensure a uniform and effective implementation of the conservation and control measures applicable to stocks and fisheries referred to in Annexes I to Va.’

‘1 The Member States concerned shall carry out control and inspection with respect to fishing activities and fishing related activities regarding the different stocks and area(s) referred to in Annexes I to Va to this Decision on the basis of risk management, in accordance with Article 5(4) of Regulation (EC) No 1224/2009 and Article 98 of Implementing Regulation (EU) No 404/2011.’

‘3a Additionally, each fishing and support vessel active in the fisheries listed in Annex Va shall be subject to control and inspections according to the level of priority attributed pursuant to Article 5(8).’

‘1 The Member States concerned shall assess, at least once a year, risks with regard to the fisheries listed in Annexes I to Va in accordance with the harmonised methodology established by the Member States in cooperation with the European Fisheries Control Agency (EFCA), and based on possible threats of non-compliance with the rules of the common fishery policy. The risk assessment methodology shall consider the fishing activities of third country fishing vessels operating in Union waters and, where relevant, fishing activities of Union fishing vessels in international or third country waters under the auspices of Regional Fisheries Management Organisations or bilateral agreements.’

‘3 In the framework of a joint deployment plan established by EFCA in accordance with Regulation (EU) 2019/473 (‘joint deployment plan’) each Member State concerned shall communicate to EFCA the results of its risk assessment. The identified type of possible non-compliance (threats) with the applicable rules on the common fishery policy shall be outlined to facilitate programming the risk management strategy referred to in Article 6. Member States shall immediately communicate to EFCA any changes in the estimated level of risks.

‘6 In cases where a fishing vessel flying the flag of a Member State which is not a Member State concerned, or a third country fishing vessel, operates in the areas concerned, the level of risk pursuant to paragraph 5 shall be determined by the Member States concerned in collaboration with EFCA, unless the flag State authorities provide, in the framework of Article 8 of this Decision, the level of that risk.’

‘8 For the purposes of Annex Va, Member States shall carry out a joint risk assessment at individual vessel level, using all available and relevant information including, at a minimum, the following: vessel compliance history, missing mandatory catch registration documents, results of the cross checks of catch registration data, including fishing logbooks, transhipment declarations, landing declarations, take-over declarations, sales notes, catch certificates, and VMS and AIS data.’

‘1 Without prejudice to the target benchmarks defined in point 4 of Annex I to Regulation (EC) No 1224/2009 and in Article 9(1) of Regulation (EC) No 1005/2008, the target benchmarks for inspections of fishing vessels are set out in point 4 respectively of Annexes I to Va to this Decision.’

‘4 Inspection and surveillance activities of Union fisheries in third country waters and ports shall be subject to the framework agreed with the relevant third countries.’

‘1 For the purpose of increasing the efficiency and effectiveness of their national fisheries control systems, the Member States concerned shall, where appropriate, undertake joint monitoring, inspection and surveillance activities on their territory and in waters under their jurisdiction and, where applicable, in international waters or waters of third countries. Without prejudice to Article 5(1) of Regulation (EC) No 1224/2009, where applicable, such activities shall be carried out in the framework of joint deployment plans as referred to in Article 10(1) of Regulation (EU) 2019/473. Such activities may include joint deployments with third countries.’

‘3 Officials of the Member States concerned, Union inspectors and, where relevant, officials and inspectors from third countries may participate in joint inspection and surveillance activities.’

‘1 For the purpose of implementing the specific control and inspection programmes, each Member State concerned shall ensure the electronic exchange with other Member States concerned and EFCA of data related to fishing activities and fishing related activities covered by the specific control and inspection programmes. Where relevant, the data shall include fishing activities of third country fishing vessels operating in Union waters and of Union fishing vessels operating in international or third country waters under the auspices of RFMOs or bilateral agreements. The Commission shall have access to the data exchanged pursuant to this subparagraph, and where relevant, provide the data relating to fishing activities of third country vessels in Union waters.’

‘5 EFCA, for its annual assessment of the effectiveness of joint deployment plans referred to in Article 15 of Regulation (EU) 2019/473, shall take into consideration the reports referred to in paragraph 1 of this Article.’

This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.