Commission Regulation (EU) No 86/2010 of 29 January 2010 amending Annex I to Council Regulation (EC) No 1005/2008 as regards the definition of fishery products and amending Commission Regulation (EC) No 1010/2009 as regards exchange of information on inspections of third country vessels and administrative arrangements on catch certificates
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Address https://gelex.eu/eli/EU/regulation/2010/86@2010-01-29/en
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the European Union and to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, in particular Articles 9(1), 12(5), 51(3) and 52 thereof,
Whereas:
(1) Regulation (EC) No 1005/2008 applies to fishery products falling under the definition given in its Article 2. Annex I to that Regulation lists the products excluded from the definition of fishery products. That list may be reviewed each year and should now be amended on the basis of new information gathered under the administrative cooperation with third countries provided for in Article 20(4) of Regulation (EC) No 1005/2008.
(2) Commission Regulation (EC) No 1010/2009 of 22 October 2009 laying down detailed rules for the implementation of Regulation (EC) No 1005/2008 sets, inter alia, benchmarks for the conduct of port inspections by Member States. In order for Member States to implement the inspection benchmarks set out in Article 4(c) and (d) of that Regulation, information on inspections of third country vessels should be transmitted electronically to the Commission who shall make that information available to other Member States.
(3) Administrative arrangements by which catch certificates are established, validated or submitted by electronic means or replaced by electronic traceability systems ensuring the same level of control by authorities are to be listed in Annex IX to Regulation (EC) No 1010/2009. Since new administrative arrangements on catch certificates have been agreed, that Annex should be updated.
(4) Regulations (EC) No 1005/2008 and 1010/2009 should be amended accordingly.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS REGULATION:
Article 1 Amendments to Regulation (EC) No 1005/2008
Annex I to Regulation (EC) No 1005/2008 is amended as set out in Annex I to this Regulation.
Article 2 Amendments to Regulation (EC) No 1010/2009
Regulation (EC) No 1010/2009 is amended as follows:
1. In Article 4, the following paragraph is added: In respect of points (c) and (d) of the first paragraph, Member States shall without delay report to the Commission the name and the flag of the third country vessel inspected and the date of inspection. The Commission shall make this information available to other Member States.
2. Annex IX is amended as set out in Annex II to this Regulation.
Article 3 Entry into force
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 January 2010. For the Commission The President José Manuel Barroso
ANNEX
ANNEX I
Annex I of Regulation (EC) No 1005/2008 is amended as follows: ex Chapter 3 ex1604 ex1605 Aquaculture products obtained from fry or larvae 030110 Ornamental fish, live ex030191 Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), live, caught in freshwater ex03019200 Eels (Anguilla spp.), live, caught in freshwater 03019300 Carp, live ex03019911 Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), live, caught in freshwater 03019919 Other freshwater fish, live ex030211 Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater ex03021200 Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater ex03021900 Other Salmonidae, fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater ex03026600 Eels (Anguilla spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater 03026911 Carp, fresh or chilled, excluding fish fillets and other fish meat of heading 0304 03026915 Tilapia (Oreochromis spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304 03026918 Other freshwater fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304 ex03027000 Livers and roes, fresh or chilled, of other freshwater fish ex03031100 Sockeye salmon (red salmon) (Oncorhynchus nerka), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater ex03031900 Other Pacific salmon (Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater ex030321 Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater ex03032200 Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater ex03032900 Other salmonidae, excluding livers and roes, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater ex03037600 Eels (Anguilla spp.), frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater 03037911 Carp, frozen, excluding fish fillets and other fish meat of heading 0304 03037919 Other freshwater fish, frozen, excluding fish fillets and other fish meat of heading 0304 ex030380 Livers and roes, frozen, of other freshwater fish 03041901 Fish fillets, fresh or chilled, of Nile perch (Lates niloticus) 03041903 Fish fillets, fresh or chilled, of pangasius (Pangasius spp.) ex03041913 Fish fillets, fresh or chilled, of Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), caught in freshwater ex03041915 Fish fillets, fresh or chilled, of the species Oncorhynchus mykiss weighing more than 400 g each, caught in freshwater ex03041917 Fish fillets, fresh or chilled, of trout of the species Salmo trutta, Oncorhynchus mykiss (weighing 400 g or less), Oncorhynchus clarki, Oncorhynchus aguabonita and Oncorhynchus gilae, caught in freshwater 03041918 Fish fillets, fresh or chilled, of other freshwater fish 03041991 Other fish meat (whether or not minced), fresh or chilled, of freshwater fish 03042901 Frozen fillets of Nile perch (Lates niloticus) 03042903 Frozen fillets of pangasius (Pangasius spp.) 03042905 Frozen fillets of Tilapia (Oreochromis spp.) ex03042913 Frozen fillets of Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), caught in freshwater ex03042915 Frozen fillets of Oncorhynchus mykiss weighing more than 400 g each, caught in freshwater ex03042917 Frozen fillets of trout of the species Salmo trutta, Oncorhynchus mykiss (weighing 400 g or less), Oncorhynchus clarki, Oncorhynchus aguabonita and Oncorhynchus gilae, caught in freshwater 03042918 Frozen fillets of other freshwater fish 03049921 Other fish meat (whether or not minced), frozen, of freshwater fish 03051000 Flours, meals and pellets of fish, fit for human consumption ex03052000 Livers and roes of freshwater fish, dried, smoked, salted or in brine ex03053030 Fish fillets, salted or in brine, of Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), caught in freshwater ex03053090 Fish fillets, dried, salted or in brine, but not smoked, of other freshwater fish ex03054100 Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), smoked, including fillets, caught in freshwater ex03054945 Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), smoked, including fillets, caught in freshwater ex03054950 Eels (Anguilla spp.), smoked, including fillets, caught in freshwater ex03054980 Other freshwater fish, smoked, including fillets ex03055980 Other freshwater fish, dried, whether or not salted, but not smoked ex03056950 Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), in brine or salted but not dried or smoked, caught in freshwater ex03056980 Other freshwater fish, in brine or salted but not dried or smoked 03061910 Freshwater crayfish, frozen ex03061990 Flours, meals and pellets of crustaceans, frozen, fit for human consumption 03062910 Freshwater crayfish, live, fresh, chilled, dried, salted or in brine, in shell, cooked by steaming or by boiling in water, whether or not chilled, dried salted or in brine ex03062990 Flours, meals and pellets of crustaceans, not frozen, fit for human consumption 030710 Oysters, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine 03072100 Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, live, fresh or chilled 030729 Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, other than live, fresh or chilled 030731 Mussels (Mytilus spp., Perna spp.), live, fresh or chilled 030739 Mussels (Mytilus spp., Perna spp.), other than live, fresh or chilled 03076000 Snails, other than sea snails, live, fresh, chilled, frozen, dried, salted or in brine ex03079100 Other aquatic invertebrates other than crustaceans and those molluscs specified or included in subheadings 03071010 to 03076000, except Illex spp. and cuttlefish of the species Sepia pharaonis, live, fresh or chilled 03079913 Striped venus and other species of the family Veneridae, frozen 03079915 Jellyfish (Rhopilema spp.), frozen ex03079918 Other aquatic invertebrates other than crustaceans and those molluscs specified or included in subheadings 03071010 to 03076000 and 03079911 to 03079915, except cuttlefish of the species Sepia pharaonis, including flours, meal and pellets of aquatic invertebrates other than crustaceans, fit for human consumption, frozen ex03079990 Other aquatic invertebrates other than crustaceans and those molluscs specified or included in subheadings 03071010 to 03076000, except Illex spp. and cuttlefish of the species Sepia pharaonis, including flours, meal and pellets of aquatic invertebrates other than crustaceans, fit for human consumption, dried, salted or in brine ex16041100 Salmon, caught in freshwater, prepared or preserved, whole or in pieces, but not minced ex16041910 Salmonidae, other than salmon, caught in freshwater, prepared or preserved, whole or in pieces, but not minced ex16042010 Salmon, caught in freshwater, otherwise prepared or preserved (other than whole or in pieces, but not minced) ex16042030 Salmonidae, other than salmon, caught in freshwater, otherwise prepared or preserved (other than whole or in pieces, but not minced) ex16041991 Fillets of freshwater fish, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, frozen ex16054000 Freshwater crayfish, prepared or preserved 16059011 Mussels (Mytilus spp., Perna spp.), prepared or preserved, in airtight containers 16059019 Mussels (Mytilus spp., Perna spp.), prepared or preserved, other than in airtight containers ex16059030 Scallops, oysters and snails, prepared or preserved 16059090 Other aquatic invertebrates, other than molluscs, prepared or preserved
ANNEX II
The following text is inserted into Annex IX to Regulation (EC) No 1010/2009:
Section 1 NORWAY
CATCH CERTIFICATION SCHEME Norway shall require a catch certificate for landings and imports to Norway of catches made by fishing vessels flying the flag of a Member State of the European Community. In accordance with Article 12(4) of Regulation (EC) No 1005/2008, the catch certificate provided for in Article 12 and Annex II of Regulation (EC) No 1005/2008 shall, as of 1 January 2010, be replaced — for fisheries products obtained from catches made by fishing vessels flying the flag of Norway — by a Norwegian catch certificate based on the Norwegian system of sales notes, which is an electronic traceability system under the control of the Norwegian authorities ensuring the same level of control by authorities as required under the Community catch certification scheme. A specimen of a Norwegian catch certificate is given in the Appendix. The Norwegian system of sales notes shall also be used to issue and validate a catch certificate for export consignments from Norway to the European Community of conventional fishery products including stock-fish, salted fish and salted and dried klippfish, using raw material from small fishing vessels and/or involving production comprising several steps in the production process, in accordance with entry 7. bis of the attached specimen. Documents referred to in Article 14(1) and (2) of Regulation (EC) No 1005/2008 may be established, validated and submitted by electronic means.
MUTUAL ASSISTANCE Mutual assistance under Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and administrative cooperation between respective competent authorities in Norway and the Member States of the European Community, based on detailed rules on mutual assistance laid down in Commission Regulation (EC) No 1010/2009.
Section 2 UNITED STATES
CATCH CERTIFICATION SCHEME In accordance with Article 12(4) of Regulation (EC) No 1005/2008, the catch certificate provided in Article 12 and Annex II of Regulation (EC) No 1005/2008 shall be replaced — for fisheries products obtained from catches made by fishing vessels flying the flag of the United States — by the US catch certificate, supported by electronic reporting and record keeping systems under the control of the US authorities ensuring the same level of control by authorities as required under the Community catch certification scheme. A specimen of the US catch certificate, which shall replace the European Community Catch Certificate and Re-export Certificate as from 1 January 2010, is given in the Appendix.
MUTUAL ASSISTANCE Mutual assistance under Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and administrative cooperation between respective competent authorities in the United States and Member States of the European Community, based on detailed rules on mutual assistance laid down in Commission Regulation (EC) No 1010/2009.
Section 3 NEW ZEALAND
CATCH CERTIFICATION SCHEME In accordance with Article 12(4) of Regulation (EC) No 1005/2008, the catch certificate provided for in Article 12 and Annex II of Regulation (EC) No 1005/2008 shall be replaced — for fisheries products obtained from catches made by fishing vessels flying the flag of New Zealand — by the New Zealand catch certificate, which is an electronic traceability and certification system under the control of the New Zealand authorities ensuring the same level of control by authorities as required under the Community catch certification scheme. A specimen of the New Zealand catch certificate, which shall replace the European Community Catch Certificate and Re-export Certificate for catches by fishing vessels registered in New Zealand and which are landed in New Zealand from 1 January 2010, is given in Appendix I. Supporting explanatory notes on the New Zealand catch certificate are given in Appendix II. Documents referred to in Article 14(1) and (2) of Regulation (EC) No 1005/2008 may be communicated by electronic means.
MUTUAL ASSISTANCE Mutual assistance under Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and assistance between respective competent authorities in New Zealand and Member States of the European Community, based on detailed rules on mutual assistance laid down in Commission Regulation (EC) No 1010/2009.
Catch certification scheme for fishery products exported from Norway to the European Community under Articles 12 (4) and 20 (4) of Council Regulation EC 1005/2008 and the Commission Regulation laying down the detailed rules for the implementation of the same Regulation to replace the European Community catch certificate Page 1 of 2 Document No 1. Issued and validated electronically by Address Telephone number Telefax number 2. Fishing vessel Name Flag — Home port and registration number Call sign IMO/Lloyds Number (if issued) Fishing licence No. — Valid to Inmarsat number, telefax number, telephone number. E-mail address (if issued) 3. Description of product Type of processing authorised on board 4. References of applicable conservation and management measures Species Product code Catch area(s) and dates Verified landed weight (kg), (Estimated weight to be landed if direct landing to EC port) 5. Name of master of fishing vessel (not applicable if direct landing in an EU port) Number of sales note with masters original signature (original signature not applicable if direct landing in an EU port) 6. If transhipment at sea, date, area and position 7. If transhipment within a port area, date and name of port Name of buyer or receiver of the fish Receiving vessel name Call sign IMO/Lloyds number (if issued) 7. bis Provisions for consignments of stock fish, salted fish and salted and dried fish (klippfish) under CN 03.05. Name of producer responsible for keeping record of all sales notes containing information of the raw material used in the production. List document number for each sales note. Address Telephone number Telefax number Type of fishery product Species Product CN code Product weight (kg) in the consignment 8. Name and address of exporter Signature Date 9. Flag State Authority Validation: This certificate is issued and validated electronically in accordance with the catch certification scheme for fishery products exported from Norway to the European Community under Articles 12 (4) and 20 (4) of Council Regulation EC 1005/2008 and the Commission Regulation laying down the detailed rules for the implementation of the same Regulation Ref: www.catchcertificate.no 10. Transport details, country of exportation Port / airport / other place of departure Vessel name and flag Container number(s): list attached. Name Address Flight number/airway bill number Truck nationality and reg.number Railway bill number Other transport documents Catch certification scheme for fishery products exported from Norway to the European Community under Articles 12 (4) and 20 (4) of Council Regulation (EC) No 1005/2008 and the Commission Regulation laying down the detailed rules for the implementation of the same Regulation to replace the European Community catch certificate Page 2 of 2 11. Importer declaration: Name and address of importer Signature Date Seal Product CN code Documents under Articles 14(1), (2) of Regulation (EC 1005/2008) References 12. Import control: Authority Place Importation authorised * Importation suspended * Verification requested — date Customs declaration (if issued) Number Date Place * Tick as appropriate
ANNEX I UNITED STATES DEPARTMENT OF COMMERCE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Document Number: Validating Authority UNITED STATES Attestation in Accordance with Council Regulation (EC) No. 1005/2008 for Products Caught by U.S.-Flagged Vessels 1. VALIDATING AUTHORITY Address Tel: Fax: Exporter 2. EXPORTER Name Seal Address Signature Date Commodity Description 3. COMMODITY DESCRIPTION Species (Scientific Name) Net weight U.S. Commodity Code FAO Catch Area Catch Date or Range Flag State Authority Validation 4. ATTESTATION This attestation is admissible in all courts of the United States as prima facie evidence of the truth of the statements therein contained. This attestation does not excuse failure to comply whith any Federal or state laws. WARNING: Any person who knowingly falsely makes, issues, alters, forges or counterfeits any official Seafood Inspection Program certificate or knowingly causes or procures, or aids, assists in, or is party to such false making, issuing, altering, forging or counterfeiting, is subject to a fine of not more than $1000 or imprisonment for not more than 1 year, or both (7 U.S.C. § 1622 I certify to the best of my knowledge that the items shipment listed herein were caught in compliance with the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 /et seq./) and other applicable state and Federal conservation and management laws and regulations as specified in the U.S.-EU Agreement dated October XX,2009. OFFICIAL STAMP Name and Signature of Official Inspector NOAA National Marine Fisheries Service Date Transport Details 5. TRANSPORT DETAILS AS SPECIFIED IN (EC) 1005/2008 Annex I Appendix 5.1 Country of Exportation 5.2 Port/Airport/other place of departure (embarkation): 5.3 Vessel Name and Flag: Flight number/airway bill number: Other transport documents(s): Container number(s): List attached if necessary) Name Address Signature EU Importer Declaration 6. EU IMPORTER Name Seal Address Signature Date Product CN Code Documents under Articles 14 (1), (2) of Regulation 1005/2008 References Import Control Authority 7. MEMBER STATE IMPORT CONTROL AUTHORITY Place Verification requested – date Importation authorized Importation suspended Customs declaration (if issued) Number Date Place European Community Re–Export Certiicate 8. CERTIFICATE NUMBER Date Member State 8.1 Description of re-exported product: Weight (Kg) Species Product Code Balance from total quantity declared in the catch certificate: 8.2 Name of re-exporter Address Signature Date 8.3 Authority Name/Title Signature Date Seal/Stamp 8.4 Re-export Control Place Re-export Authorized Verification Requested Re-export Declaration number and Date
Appendix I Specimen of the New Zealand catch certificate
NEW ZEALAND GOVERNMENT Ministry of Fisheries Catch Certificate Certificate number Name, address and signature/licence number of consignor: Exporting country Competent authority Name and address of consignee: Departure Date: Port of Loading: Means of transport: Item Number and kind of packages Description of product Net weight Packages in Total Total Weight: Vessel names / Registration: Permit holder signatures/numbers: IMO numbers: Catch areas: Catch dates: Species: Harmonised System code Batch/Lot: Container (& Seal) Numbers: Unofficial commercial information: Contact point of validating authority: New Zealand Food Safety Authority, South Tower, 86 Jervois Quay, P.O. Box 2835, Wellington 6011, New Zealand. Phone +64 4 8942500, Fax +64 4 8942501. 1. The fish was not subject to transhipment. 2. This fish from which this consignment was derived were caught by New Zealand vessels which, at the time of harvesting, were registered and operating under the authority of a valid fishing permit and under the jurisdiction of New Zealand's fisheries management laws as contained in the Fisheries Act 1996 or international fisheries agreements and conservation management measures to which New Zealand is a party. Official Information: Done at On EU300.1 Signature of official inspector, New Zealand Government Name, title and qualifications Page 1 of 2 For Community Use Only 1. Importer declaration Name and address of importer Signature Date Seal Product CN code Documents under Articles 14(1), (2) of Regulation (EC) No 1005/2008 References 2. Import control – authority Place Importation authorised (*) Importation suspended (*) Verification requested – date Customs declaration (if issued) Number Date Place (*) Tick as appropriate EUROPEAN COMMUNITY RE-EXPORT CERTIFICATE Certificate number Date Member State 1. Description of re-exported product Weight (kg) Species Product code Balance from total quantity declared in the catch certificate 2. Name of re-exporter Address Signature Date 3. Authority Name/title Signature Date Seal/Stamp 4. Re-export control Place Re-export authorised (*) Verification requested (*) Re-export declaration number and date (*) Tick as appropriate
Appendix II Supporting explanatory notes on the New Zealand catch certificate
The consignor is the exporter Any information included in an unofficial information box and information that follows the New Zealand government signatures is not validated by the New Zealand government.