Article 2 · Regulation (EU) 2023/2842

Contents

Article 2Amendments to Regulation (EU) 2019/473#

Regulation (EU) 2019/473 is amended as follows:

(1)Article 1 is replaced by the following:‘Article 1Objective1.This Regulation makes provision for a European Fisheries Control Agency (the “Agency”) for the purpose of ensuring a high, uniform and effective level of control, inspection and compliance with the rules of the Common Fisheries Policy, including its external dimension.2.To that end, the Agency shall cooperate with the Member States and the Commission and provide them assistance as regards the areas mentioned in paragraph 1 of this Article within the limits of the missions and tasks set out in Chapter II.’.

(2)Article 2 is amended as follows:

(a)point (a) is replaced by the following:

(a)“control” means control as defined in Article 4, point (3), of Regulation (EC) No 1224/2009;’;

(b)the following point is inserted:

(aa)“inspection” means inspection as defined in Article 4, point (4), of Regulation (EC) No 1224/2009;’.

(3)Article 3 is amended as follows:

(a)point (e) is replaced by the following:

(e)to assist Member States and the Commission in harmonising the application of the rules of the common fisheries policy, and thereby to contribute to the achievement of its objectives, including the sustainable exploitation of marine biological resources;’;

(b)point (f) is replaced by the following:

(f)to contribute to, and participate in, the work of Member States and the Commission on research into, and development of, control and inspection techniques and to develop pilot projects on research into, and development of, such techniques.’;

(c)the following points are added:

(k)where appropriate, to cooperate with and coordinate activities with other decentralised agencies of the Union within the scope of their tasks, missions, and areas of activity;

(l)to assist the Commission in the performance of tasks assigned to the Commission in legislative acts of the Union with regard to the objectives of the Agency.’.

(4)Article 17 is replaced by the following:‘Article 17Exchange and processing of data and information1.The Commission, the Agency and the competent authorities of Member States shall exchange relevant data and information available to them regarding joint control and inspection activities within the territory of Member States and Union and international waters in accordance with Regulation (EC) No 1224/2009.2.The Agency shall take, in accordance with the relevant Union legislation, measures to ensure appropriate protection of the confidentiality of the information collected or received pursuant to this Regulation in accordance with Article 113 of Regulation (EC) No 1224/2009.3.Regulation (EU) 2018/1725 of the European Parliament and of the Council^note shall apply to the processing of personal data carried out by the Agency.4.In relation to the processing of personal data collected or received by the Agency in the accomplishment of its missions and tasks set out in Chapter II of this Regulation, the Agency shall be regarded as a controller as defined in Article 3, point (8), of Regulation (EU) 2018/1725.5.Personal data collected or received by the Agency may only be processed for the purpose of fulfilling its mission and tasks set out in Chapter II of this Regulation, provided those purposes cannot be fulfilled with data that do not permit identification of data subjects.6.Personal data collected or received shall not be stored for a period longer than necessary for the purposes referred to in paragraph 5, and in any event for no longer than five years from the date on which the Agency receives the relevant data.7.By way of derogation from paragraph 6, personal data collected or received shall not be stored for a period longer than necessary for the purposes referred to in paragraph 5 relating to:

(a)participation in, or coordination of, control and inspections; or

(b)enquiries pertaining to complaints, infringements and judicial or administrative proceedings.

In any event, the personal data referred to in the first subparagraph shall be stored for no longer than until the end of the proceedings and enquiries referred to in the first subparagraph.If the information is retained for a period of time longer than that set out in paragraph 6 or in this paragraph, the personal data shall be anonymised.8.The transfer of personal data contained in fishing activity data to a third country or to an international organisation shall only be performed in accordance with Chapter V of Regulation (EU) 2018/1725 and in compliance with agreement with that third country or with the applicable rules of that international organisation.

(5)Article 19 is replaced by the following:‘Article 19Assignment of Agency officials as Union inspectorsOfficials of the Agency may be assigned as Union inspectors in accordance with Article 79 of Regulation (EC) No 1224/2009.’.

(6)In Article 24, paragraph 3 is replaced by the following:‘3.The annual work programme referred to in Article 32(2), point (c), shall be consistent with the multiannual work programme. It shall clearly indicate additions, changes or deletions compared with the previous year’s work programme, and the progress made in the achievement of the overall objectives and priorities of the multiannual work programme.’.

(7)Article 25 is replaced by the following:‘Article 25Cooperation in maritime affairsThe Agency shall contribute to the implementation of the EU Integrated Maritime Policy, and in particular conclude administrative agreements with other bodies in matters covered by this Regulation after approval by the Administrative Board. The Executive Director shall inform the Administrative Board thereof at an early stage of such negotiations.’.

(8)In Article 32, paragraph 2 is amended as follows:

(a)in point (b), the words ‘by 30 April each year’ are replaced by the words ‘by 1 July each year’;

(b)point (c) is replaced by the following:

(c)adopt, by 30 November each year, the single programming document, containing, inter alia, the Agency’s multiannual programming and annual programming for the following year.The single programming document shall contain the priorities of the Agency. It shall give priority to the duties of the Agency relating to control and inspection programmes. It shall be adopted without prejudice to the annual Union budgetary procedure. The single programming document shall be adopted taking into account the opinion of the Commission and, as regards the multiannual programming, after having consulted the European Parliament and the Council. The Administrative Board shall forward the document to the European Parliament, to the Council and to the Commission without delay.’;

(c)the following point is added:

(i)ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti-Fraud Office (OLAF).’.

(9)In Article 33, paragraph 1 is replaced by the following:‘1.The Administrative Board shall be composed of representatives of Member States, six representatives of the Commission and one representative of the European Parliament. Each Member State shall be entitled to appoint one member. The Member States, the Commission and the European Parliament shall appoint one alternate for each member to represent the member in his or her absence. Only representatives of the Member States and the Commission shall have the right to vote.’.

(10)Article 35 is replaced by the following:‘Article 35Meetings1.The meetings of the Administrative Board shall be convened by its Chairperson. The agenda shall be determined by the Chairperson, taking into account the proposals of members of the Administrative Board and the Executive Director of the Agency.2.The Executive Director and the representative appointed by the Advisory Board shall take part in the deliberations without the right to vote.3.The Administrative Board shall hold an ordinary meeting at least once a year. In addition it shall meet on the initiative of the Chairperson or at the request of the Commission or of one-third of the Member States represented on the Administrative Board.4.The Administrative Board may invite a representative of relevant Union institutions or any person whose opinion may be of interest to attend its meetings as an observer.5.When there is a matter of confidentiality or conflict of interest, the Administrative Board may decide to examine specific items of its agenda without the presence of the representative appointed by the Advisory Board, the representatives appointed by relevant Union institutions and the person(s) referred to in paragraph 4. Detailed rules for the application of this provision may be laid down in the rules of procedure.6.The members of the Administrative Board may, subject to the provisions of its rules of procedure, be assisted by advisers or experts.7.The secretariat for the Administrative Board shall be provided by the Agency.’.

(11)In Article 38(3), point (a) is replaced by the following:

(a)he or she shall prepare the draft single programming document and submit it to the Administrative Board for endorsement before that draft is sent to the European Parliament, to the Council and to the Commission by 31 January of each year. He or she shall take the necessary steps for the implementation of the single programming document within the limits specified by this Regulation, its implementing rules and any applicable law;’.

(12)In Article 44, paragraph 1 is replaced by the following:‘1.The revenue of the Agency shall, without prejudice to other types of income, consist of:

(a)a contribution from the Union entered in the general budget of the European Union (Commission section);

(b)charges for services provided by the Agency to Member States in accordance with Article 6;

(c)charges for publications, training and/or any other services provided by the Agency;

(d)charges for services provided by the Agency to the European Border and Coast Guard Agency and the European Maritime Safety Agency, in the framework of the European cooperation on coast guard functions laid down in Article 8;

(e)Union funding in the form of delegation agreements or ad-hoc grants in accordance with the Agency’s financial rules referred to in Article 47 and with the provision of the relevant instruments supporting the policies of the Union.’

(13)Article 48 is replaced by the following:‘Article 48Evaluation1.At regular intervals, and at least every five years, the Commission shall carry out an evaluation to assess, in particular:

(a)the results achieved by the Agency having regard to its objectives, mission and tasks;

(b)the impact, effectiveness and efficiency of the Agency’s performance and its working practices in relation to its objectives, mission and tasks.

The Commission shall consult the Administrative Board on the terms of reference for each evaluation.2.The Commission shall send the evaluation report, together with its conclusions on the report, to the European Parliament, the Council and the Administrative Board. The Administrative board may issue recommendations to the Commission regarding changes to this Regulation. The evaluation report and the conclusions on the report shall be made public.’.