European Union

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Welcome to the GFCM Database on National Fisheries Legislation

Please read the 'Introduction' in the Main Page before starting.

N.B: the below reported contents are currently subject to revision and will be thus updated in due course.



Contents


Introduction

European Union is member of the GFCM since the 25 of June 1998. The country is party to the UN Law of the Sea Convention (1 Avril 1998) and the UN Fish Stock Agreement of 1995 (19 December 2003). The European Union has also ratified the FAO Compliance Agreement of 1993 (6 August 1996) and the FAO Port State Measures Agreement of 2009 (7 July 2001).

FISHERIES

Access regime to fisheries resources

Within the scope of the common fisheries policy, Member States control access to fisheries resources through the issuance of fishing licenses which confer on its holder the right to use a certain fishing capacity for the commercial exploitation of living aquatic resources. This document contains minimum information concerning the identification, technical characteristics and fitting out of the vessel, in addition to the national mesures applicable Council Regulation (EC) No 1224/2009, Art.6]; Commission Implementing Regulation (EU) No 404/2011, Art. 3, Annex II).


Administrative authorizations and licenses

A fishing authorisation is also issued to Community fishing vessels operating in Community waters to carry out specific fishing activities during a specified period, in a given area or for a given fishery under specific conditions, especially when the fisheries or fishing zones are subject to Council Regulation (EC) No 1224/2009, Art.7; Commission Implementing Regulation (EU) No 404/2011, Art. 4):

  • a fishing effort regime;
  • a multiannual plan;
  • a fishing restricted area;
  • fishing for scientific purposes;
  • other cases laid down in Community legislation.

Again, some minimum information are contained in the fishing authorisation regarding the identification of the fishing vessel and the fishing conditions (Commission Implementing Regulation (EU) No 404/2011, Annex III). They may be contained in the same document as the fishing license. EU fishing vessels of less than 10 metres LOA which fish exclusively in the territorial waters of their flag Member States are excluded from the obligation to a have a fishing authorisation.

Only Community fishing vessels for which a fishing authorisation has been issued are entitled to engage in fishing activities outside Community waters within the framework of agreements (Council Regulation (EC) No 1006/2008, Art. 3-10). Any operator of a Community fishing vessel, intending to conduct fishing activities on the high seas in waters not falling within the scope of an agreement or a Regional Fisheries Management Organisation, must inform the authorities of the flag Member State and be authorized in accordance with national provisions (Council Regulation (EC) No 1006/2008, Art. 11).

Third country fishing vessels are also entitled to engage in fishing activities in Community waters provided that they have been issued with a fishing authorisation and to land, tranship in ports or process fish provided that they have been issued with a prior authorisation from the Member State in whose waters the operation will take place (Council Regulation (EC) No 1006/2008, Art. 18).


Relevant GFCM Decisions on this subject

Main fisheries laws and regulations

Main legislations
Council Regulation (EU) 2016/73 fixing for 2016 the fishing opportunities for certain fish stocks in the Black Sea
Commission Implementing Regulation (EU) 2015/1962 amending Implementing Regulation (EU) No. 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy
Regulation (EU) 2015/2102 of the European Parliament and of the Council amending Regulation (EU) No. 1343/2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area
Council Decision (EU) 2015/674 on the acceptance, on behalf of the European Union, of the amended Agreement for the establishment of the General Fisheries Commission for the Mediterranean
Council Regulation (EU) 2015/106 fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea
Regulation (EU) No. 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy, amending Council Regulations (EC) No. 1954/2003 and (EC) No. 1224/2009 and repealing Council Regulations (EC) No. 2371/2002 and (EC) No. 639/2004 and Council Decision 2004/585/EC
Commission Delegated Regulation (EU) No. 1392/2014 establishing a discard plan for certain small pelagic fisheries in the Mediterranean Sea
Regulation (EU) No. 1343/2011 of the European Parliament and of the Council on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No. 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea
Council Regulation (EC) No. 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No. 2847/93 and repealing Regulation (EC) No. 1626/94
Council Decision 2004/585/EC establishing Regional Advisory Councils under the Common Fisheries Policy
Council Regulation (EC) No. 1626/94 laying down certain technical measures for the conservation of fishery resources in the Mediterranean

Source FAOLEX

Conservation and control measures

Community-level management plans are adopted for specific Mediterranean fisheries in areas totally or partially beyond the territorial waters of Member States. These plans may include: fishing effort management measures, specific technical measures, extension of compulsory use of vessel monitoring systems or similar systems for vessels betwen 10m and 15 m LOA; temporary or permanent restrictions to zones, reserved to certain gears or to vessels having undertaken obligations in the framework of the management plans (Council Regulation (EC) No. 1967/2006, Art.18). These management plans must be adequatly scientifically monitored, by both Member States and the Commission (esp. revision of the measures adopted for fisheries exploiting short life species in order to take into account their recruitment evolution).

National management plans are also to be drawn up by Member States have on the basis of the precautionary approach to fisheries management, taking into account limit reference points recommended by relevant scientific bodies Council Regulation (EC) No. 1967/2006, Art. 19; Council Regulation (EC) No 2371/2002, Art. 6). They must ensure the sustainable exploitation of stocks and that the impact of fishing activities on marine eco-systems is kept at sustainable levels, having regard to the conservation status of the stock(s), the biological characteristics of the stock(s), the characteristics of the fisheries in which the stocks are caught, the economic impact of the measures on the fisheries concerned. For the Mediterranean, these management plans concern in particular the fisheries conducted by trawl nets, boat seines, shore seines, surrounding nets and dredges within the territorial waters of Member States. The management plans may include harvesting rules which consist of a predetermined set of biological or fishery parameters to govern the implementation of management measures.

These management plans have to be notified to the Commission six months in advance of the foreseen date of entry into force. Where a management plan is likely to affect the vessels of another Member State, it shall be adopted only after consultation of the Commission, the Member State and the Regional Advisory Council for the Mediterranean in accordance with the procedure set out in Article 8(3) to (6) of Council Regulation (EC) No 2371/2002 (hereinafter the "Common Fisheries Policy Regulation").

Restrictions apply on fisheries resources

Area and time restrictions

The Mediterranean Regulation foresees some measures for keeping certain fishing gears further offshore Council Regulation (EC) No. 1967/2006, Art. 13). For example, it stipulates that bottom trawlers shall not operate at depths of less than 50m unless such low depths are reached beyond 3 nautical miles from the coastline. Moreover trawlers cannot operate less than 1,5 nautical miles from the coast even if a depth greater than 50 m is reached.

It is also prohibited to fish with trawl nets, dredges, purse seines, boat seines, shore seines or similar nets above seagrass beds, in particular over Posidonia oceanica (unless expressly authorized, subject to certain conditions, see Council Regulation (EC) No. 1967/2006, Article 4, par.1 and 2)]]. This prohibition also applies in all Natura 2000 sites, all special protected areas and all specifically protected areas of Mediterranean interest (SPAMI) designated for the purpose if the conservation of these habitats under either Council Directive 92/43/EEC or Council Regulation (EC) No. 1967/2006, Article 4, par.4)]]. The use of towed dredges and trawl nets fisheries at depths beyond 1 000 m is prohibited (Council Regulation (EC) No 1967/2006, Article 4, par.3).

Specific fishing protected areas are also to be designated within territorial waters of Member States ("national fishing protected areas") or beyond ("Community fishing protected areas") in which fishing activities may be banned or restricted, in order to conserve and manage living aquatic resources or maintain or improve the conservation status of marine ecosystems (Council Regulation (EC) No 1967/2006, Art. 6, 7). Where a proposed fishing protected area within the territorial waters of a Member State is liable to affect the vessels of another Member State, its designation can only be adopted after due consultation of the Commission, the Member State and the Regional Advisory Council for the Mediterranean (established under Council Decision of 19 July 2004 and Commission Decision of 29 August 2008).

Member States must take the appropriate measures to ensure the collection of scientific information to identify and map protected areas.

With respect to Bluefin tuna fishing, the following closed seasons are established each year (Council Regulation (EC) No 302/2009 of 6 April 2009, Art.7; Rec. GFCM-ICCAT 35/2011/7 (A): Rec. [10-04] by ICCAT amending the Recommendation by ICCAT to establish a Multi-annual recovery plan for Bluefin Tuna in the Eastern Atlantic and Mediterranean, par. 21-25):

  • Longlines more than 24 m: 1 June to 31 December
  • Purse seines: 15 June to 15 April
  • Baitboats and trolling boats: 15 October to 15 June
  • Pelagic trawlers: 15 October to 15 June
  • Recreational and sport fishing: 15 October to 15 June

Swordfish fishery is closed from 1 October to 30 November each year (Rec. GFCM-ICCAT 34/2010/4 (A) for a management framework for the sustainable exploitation of Mediterranean Swordfish and replacing ICCAT recommendation 08-03, par.1).

Dolphinfish fisheries (Coryphaena hippurus) using Fishing Aggregating Devices (FADs) is prohibited from 1st January to 14 August each year (REC.CM-GFCM/30/2006/2 on the establishment of a closed season for the dolphin fish fisheries using FADs, par. 1). Within the 25-mile management zone around Malta, these fisheries are prhibited from 1st January to 5 August each year (Council Regulation (EC) No 1967/2006, Article 27).

Minimum sizes

EU regulation establishes mimimum sizes of marine organisms (Council Regulation (EC) No 1967/2006, Art. 15, 16, Annex III), among which:

scientific name species cm
Dicentrarchus labrax Sea-bass 25 cm;
Diplodus annularis Annular sea-bream 12 cm;
Diplodus puntazzo Sharpsnout sea bream 18 cm;
Diplodus sargus White sea-bream 23 cm;
Diplodus vulgaris Two-banded sea bream 18 cm;
Engraulis encrasicolus European anchovy 9 cm;
Epinephelus spp. Groupers 45 cm;
Lithognathus mormyrus Stripped sea bream 20 cm;
Merluccius merluccius hake 20 cm;
Mullus spp. Red mullet 11 cm;
Pagellus acarne Spanish sea-bream 17 cm;
Pagellus bogaraveo Red sea-bream 33 cm;
Pagellos erythrinus Common pandora 15 cm;
Pagrus Pagrus Common sea bream 18 cm;
Polyprion americanus Wreckfish 45 cm;
Sardina pilchardus European sardine 11 cm;
Scomber spp. Mackerel 18 cm;
Solea vulgaris Common sole 20 cm;
Sparus aurata Gilt-head sea bream 20 cm;
Trachurus spp. Horse mackerel 15 cm;
Homarus gammarus Lobster 300 mmTL/105 mmCL;
Nephrops norvegicus Norway lobster 20 mmCL/70 mmTL;
Palinuridae Crawfish 90 mmCL;
Parapenaeus longirostris Deep water rose shrimp 20 mmCL;
Pecten jacobeus Scallop 10 cm;
Venerupis spp. Carpet clams 25 mm;
Venus spp. Venus shells 25 mm.
Protected species

The deliberate catching, retention on board, transhipment or landing of marine species of Community interest in need of strict protection, referred in Annex IV of the Council Directive 92/43/EEC are prohibited (Council Regulation (EC) No 1967/2006, Art. 3).

Moreover, the Regulation (EU) 2015/2102 implementing the GFCM recommendations provides specific provisions for the protection of red coral, sea turtles, monk seals, cetaceans, sharks and rays.

Sea birds : Masters of fishing vessels shall promptly release seabirds incidentally caught in fishing gears.Fishing vessels shall not bring seabirds ashore except within the framework of national plans for the conservation of seabirds or to secure assistance for the recovery of harmed individual seabirds, and provided that the competent national authorities have been duly and officially informed, prior to the fishing vessel concerned returning to port, of the intention to bring such seabirds ashore (Article 16 f).

Sea turtles: To the extent possible, sea turtles incidentally caught in fishing gears shall be safely handled and released unharmed and alive.As far as practicable, fishing vessels using purse seines for small pelagic species or surrounding nets without purse line for pelagic species shall avoid encircling sea turtles (Article 16 g).

Monk seals (Monachus monachus) : Monk seals incidentally caught in fishing gears shall be released unharmed and alive. The carcasses of dead specimens shall be landed and seized for the purpose of scientific studies or destroyed by the competent national authorities.


Relevant GFCM Decisions on this subject

Fishing gear and methods

The requirements relating to the characteristics of the fishing gear are described in Annex II of Council Regulation (EC) No 1967/2006. Minimum mesh and hook sizes are found under Art. 9 and 10 of Council Regulation (EC) No 1967/2006. In particular:

  • Towed gears/Bottom trawlers: the cod end is 40 mm square or 50 mm diamond duly justified at the shipowner request.
  • Surrounding nets/purse seines: minimum mesh size is 14 mm.
  • Bottom-set gillnets: mesh size opening not smaller than 16 mm.
  • Bottom-set gillnets targeting red sea bream (accounts for at least 20% of the catchin live weight): minimum mesh size is 100 mm.
  • Trawl nets targeting sardine and anchovy (account for at least 80% of the catch in live weight after sorting): minimum mesh size: 20 mm.
  • Longlines with hooks of a total length less than 3,95 cm and of a width less than 1,65 cm are prohibited for any fishing vessel using longlines and landing or having on board a quantity of red sea-bream (Pagellus bogaraveo) that constitutes more than 20% of the catch in live weight after sorting).

The following fishing gears and practices are prohibited (Council Regulation (EC) No 1967/2006, Art.8): toxic, soporific or corrosive substances, electric shock generators, explosives, substances that can explode if mixed, towed devices for harvesting red coral or other type of coral-like organisms, pneumatic hammers, St Andrew's cross and similar grabs for harvesting red coral, pannels of netting smaller than 40mm mesh size opening for bottom trawlers. Bottom-set nets shall not be used to catch albacore, bluefin tuna, swordfish, ray's bream, sharks. Spearguns are also prohibited if used in conjunction with underwater breathing apparatus (aqualung) or at night from sunset to dawn.

The keeping on board or the use of driftnets whose individual or total size is more than 2.5 Km is prohibited in the EU ((Council Regulation (EEC) No 345/92 ). Since 2002, all driftnets, no matter their size, are prohibited when intended for the capture of species listed in Annex VIII of (Council Regulation (EC) No 1239/98 of 8 June 1998 (including bluefin tuna and swordfish). It is also prohibited to land these species when they have been caught in driftnets.

Moreover, the use of towed dredges and trawl nets fisheries at depths beyond 1 000 m shall be prohibited (art. 16 of Regulation (EU) No. 1343/2011 of the European Parliament and of the Council on certain provisions for fishing in the GFCM.

For the Black Sea, article 15 of Regulation (EU) No. 1343/2011 that the minimum mesh size for nets used for trawling activities exploiting demersal stocks in the Black Sea shall be 40 mm. Panels of netting smaller than 40 mm mesh size opening shall not be used or kept on board.

Requirements due to fishing vessels

As a general principle, Member States are responsible within the scope of the Common Fisheries Policy to control the fishing and fishing related activities carried out by any natural or legal person on their territory and within waters under their sovereignty or jurisdiction as well as activities carried out outside Community waters by Community fishing vessels flying their flag and, without prejudice to the primary responsibility of the flag Member State, by their nationals.

Register

Member States shall record the information on ownership, on vessel and gear characteristics and on the activity of Union fishing vessels flying their flag that is necessary for the management of measures established under the EU Regulation. The Commission shall maintain a Union fishing fleet register containing the information that it receives from the Members States. It shall provide public access to the Union fishing fleet register, while ensuring that personal data is adequately protected (article 24 of Regulation (EU) No. 1380/2013.

A Community IUU vessel list is established by the Commission which includes the fishing vessels in relation to which the information obtained establishes that they are engaged in IUU fishing (including the one recorded in the GFCM IUU Vessel list) and whose flag States have not complied with official requests issued in response to such IUU fishing (Council Regulation (EC) No 1005/2008 , Art. 27-30).

A list of non-cooperating third countries may also be established for those third countries identified as having failed to discharge the duties incumbent upon them under international law as flag, port, coastal or market State, to take action to prevent, deter and eliminate IUU fishing (Council Regulation (EC) No 1005/2008 , Art. 27-35; 38).


Relevant GFCM Decisions on this subject

Reporting obligation

Masters of Community fishing vessels of 10 metres LOA or more shall keep a fishing logbook of their operations, indicating specifically all quantities of each species caught and kept on board above 50 kg of live-weight equivalent (Council Regulation (EC) No 1224/2009, Art. 14). The following information must be recorded:

  • the external identification number and the name of the fishing vessel
  • the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken
  • the date of catches
  • the date of departure from and of arrival to port, and theduration of the fishing trip
  • the type of gear, mesh size and dimension
  • the estimated quantities of each species in kilograms live weight or, where appropriate, the number of individuals (a margin of tolerance of 10% is permitted for all species).
  • the number of fishing operations
  • estimated discards above 50 kg of live-weight equivalent in volume for any species

The model of Combined Union fishing logbook, landing declaration, and transshipment declaration was recently amended and now avaibla in the annex 1 of the Commission implementing regulation 2015/1962 of 28 October 2015. Moreover, masters of Union fishing vessels not subject to Article 15 of the Control Regulation may continue to use until 31 December 2017, paper format for fishing logbook, transhipment declaration and landing declaration printed prior to 1 January 2016.’;

In fisheries subject to a Community regime of fishing effort, masters of Community fishing vessels have also to record and account time-related information with regard to the operation of fishing activities using towed gear and static gear in a given area (Council Regulation (EC) No 1224/2009, Art. 14 par. 5).

Masters of Community fishing vessels must submit the fishing logbook information as soon as possible and not later than 48 hours after landing to their flag Member State and if the landing has taken place in a port of another Member State, to the competent authorities of the port Member State concerned (Council Regulation (EC) No 1224/2009, Art. 14 par. 6). Masters of Community fishing vessels of 12 metres LOA or more and less than 15 metres LOA must record and send by electronic means the information to the competent authority of the flag Member State at least once a day (in any event, after the last fishing operation has been completed and before entering port). Those engaged in fisheries on stocks subject to a multiannual plan are subject to an electronic prior notification obligation (Council Regulation (EC) No 1224/2009, Art. 17).

Masters of Community fishing vessels of less than 15 metres LOA may be exempted by its flag Member State if they operate exclusively within its territorial seas or never spend more than 24 hours at sea from the time of departure to the return to port.

Masters of third country fishing vessels operating in Community waters must record the information in the same way as masters of Community fishing vessels (Council Regulation (EC) No 1224/2009, Art. 14 par. 8).

Some specific rules apply regarding the completion and submission of the fishing logbook, whether in paper or electronic format (Commission Implementing Regulation (EU) No 404/2011, Art. 29-33; 36-51).



Relevant GFCM Decisions on this subject

Marking

EU fishing vessels, as well as fishing gear and crafts must abide by specific marking and identification rules (Commission Implementing Regulation (EU) No 404/2011, Art. 6-17).


Landing of catch

Master of a Community fishing vessel of 10 metres LOA or more, or his representative, must complete a landing declaration, indicating specifically all quantities of each species landed. In particular, the following information must be recorded (Council Regulation (EC) No 1224/2009, Art. 23): •the external identification number and the name of the fishing vessel; •the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken; •the quantities of each species in kilograms in product weight, broken down by type of product presentation or, where appropriate, the number of individuals; •the port of landing.

The landing declaration must be submitted as soon as possible and not later than 48 hours after the completion of the landing, to the flag Member State, and, if the landing has taken place in a port of another Member State, to the competent authorities of the port Member State concerned. Masters of a Community fishing vessel of 12 metres LOA or more and less than 15 metres LOA, or his representative, must record and send by electronic means the landing declaration to the competent authority of the flag Member State within 24 hours after completion of the landing operation. Member States may exempt masters of Community fishing vessels of less than 15 metres LOA flying its flag from such an obligation if they operate exclusively within the territorial seas of the flag Member State or never spend more than 24 hours at sea from the time of departure to the return to port.

Specific rules apply regarding the completion and submission of the transhipment declaration, whether in paper or electronic format (Commission Implementing Regulation (EU) No 404/2011, Art. 29-32; 35-46; 48-50; 52; 54-55).



Relevant GFCM Decisions on this subject

Observers

Community control observers scheme may be established by the Council in order to verify the fishing vessel's compliance with the rules of the common fisheries policy (Council Regulation (EC) No 1224/2009, Art.73; Commission Implementing Regulation (EU) No 404/2011, Art. 93-96).


Vessel Monitoring System

In order to ensure an effective monitoring of fishing activities of the fishing vessels flying their flag, Member States must operate a satellite-based VMS, wherever those vessels may be(Council Regulation (EC) No 1224/2009, Art. 9). Fishing vessels of 12 metres LOA or more must have installed on board a fully functioning device which allows that vessel to be automatically located and identified through the VMS by transmitting position data at regular intervals. Community fishing vessels of less than 15 metres LOA may be exempted from a VMS requirement if they operate exclusively within the territorial seas of the flag Member State or never spend more than 24 hours at sea from the time of departure to the return to port.

Third country fishing vessels of 12 metres LOA or more and third country auxiliary fishing vessels operating in Community waters must have installed on board a fully functioning device which allows such a vessel to be automatically located and identified by the VMS by transmitting position data at regular intervals in the same way as Community fishing vessels. 

Each Member State must establish and operate a "fisheries monitoring centre", to monitor fishing activities and fishing effort of the fishing vessels flying its flag, whatever the waters in which they are operating or the port they are in, as well as Community fishing vessels flying the flag of other Member States and fishing vessels of third countries to which a VMS applies operating in the waters under the sovereignty or the jurisdiction of that particular Member State. When a fishing vessel is in the waters of another Member State, the flag Member State have to make available the VMS data of that vessel by automatic transmission to the fisheries monitoring centre of the coastal Member States. The VMS data must also be made available upon request to the Member State in whose ports a fishing vessel is likely to land its catches or in the waters of which the fishing vessel is likely to continue its fishing activities.

Fishing vessels exceeding 15 metres LOA have to be fitted with and maintain in operation an automatic identification system (AIS) which meets the performance standards drawn up by the International Maritime Organisation (Council Regulation (EC) No 1224/2009, Art. 10). As from 31 May 2012, this obligation applies to Community fishing vessels of 24 metres LOA or more and less than 45 metres LOA. As from 31 May 2013, this regulation will concern Community fishing vessels of 18 metres LOA or more and less than 24 metres LOA, and as from 31 May 2014, Community fishing vessels of 15 metres LOA or more and less than 18 metres LOA.

Specific requirements regarding the functionning of the satellite-tracking device are provided for under Commission Implementing Regulation (EU) No 404/2011, Art. 18-28.



Relevant GFCM Decisions on this subject

Sanctions

Member States must apply a point system for serious infringements on the basis of which the holder of a fishing licence is assigned the appropriate number of points as a result of an infringement of the rules of the common fisheries policy (Council Regulation (EC) No 1005/2008, Article 42(1)(a);Council Regulation (EC) No 1224/2009, Art. 90; 92; Commission Implementing Regulation (EU) No 404/2011, Art. 125-134, Annex XXX).

The following activities, depending of the damage done, the extent of the infringement or its repetition, may be considered inter alia as serious infringement by the competent authority of the Member State:

  • fishing without valid license, permit or authorization;
  • use of prohibited fishing gear;
  • unreported catch related data;
  • violation of closed season or area;
  • falsifying, suppression,concealing the markings, identity or registration of a fishing vessel;
  • non-compliance with rules and procedures governing transshipment;
  • falsification of documents or use of false or invalid documents;
  • obstruction of port inspectors or observers;
  • non-transmission of a landing declaration when the landing of the catch has taken place in the port of a third country.

When the total number of points equals or exceeds a specified number of points, the fishing licence is automatically suspended for a period of at least two months. That period is four months if the fishing licence is suspended a second time, eight months if the fishing licence is suspended a third time and one year if the fishing licence is suspended a fourth time. In case of the holder being assigned the specified number of points for a fifth time, the fishing licence is permanently withdrawn. If the holder of a fishing licence does not commit, within three years from the date of the last serious infringement, another serious infringement, all points on the fishing licence are deleted.

Member States must enter in a national register all infringements of the rules of the common fisheries policy committed by vessels flying their flag or by their nationals, including the sanctions they incurred and the number of points assigned. Infringements of fishing vessels flying their flag or by their nationals prosecuted in other Member States must be also entered by Member States in their national register on infringements, upon notification of the definitive ruling by the Member State having jurisdiction (Council Regulation (EC) No 1224/2009, Art. 93).

Among the measures to be also taken against the fishing vessels included in the Community IUU vessel list or the non-cooperating third countries are : withdrawl of fishing authorisations or special fishing permits issued by flag Member States; prohibited access to Community waters or to ports facilities of a Member State for IUU fishing vessels flying the flag of a third country; purchase of fishing vessels by Community operators; denial of flag; confiscation of catches and, where appropriate, prohibited fishing gear prohibited on board IUU fishing vessels which have been authorised to enter Member States ports for reason of force majeure or distress, etc (Council Regulation (EC) No 1005/2008 , Art. 37-38).


Relevant GFCM Decisions on this subject
REC. GFCM/33/2009/8 on the establishment of a list of vessels presumed to have carried out IUU fishing in the GFCM area


Principal Legal Measures on Monitoring, Control and Surveillance

Logbook
Electronic recording and reporting system (ERS) Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy, in particular Art. 43 (1) and Art. 45 (3).
Landing of catch
List of ports in EU Member States where landings and transhipment operations of fishery products are allowed and port services are accessible for third-country fishing vessels, in accordance with Article 5(2) of Council Regulation (EC) No 1005/2008
International Agreements Council Regulation of 20 June 2011 on the approval, on behalf of the European Union, of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (2011/443/EU)
Inspections
COMMISSION DECISION of 28 February 2008 designating the Community Fisheries Control Agency as the body to carry out certain tasks under Regulation (EC) No 1042/2006 and amending Decision 2007/166/EC adopting the list of Community fisheries inspectors and inspection means

Source FAOLEX

AQUACULTURE

This sections will be updated in due course.


Relevant GFCM Decisions on this subject


Sources:

FAOLEX: http://faolex.fao.org/fishery/index.htm