Article 8 · Regulation (EU) 2023/2842

Contents

Article 8Transitional provisions#

1.Where provisions of this Regulation become applicable to certain categories of vessels, in particular vessels of less than 12 metres in length overall, on a date later than 9 January 2024, the rules laid down in Regulation (EC) No 1224/2009 which are amended or repealed by this Regulation and which apply to those categories of vessels on the day before that date, in particular Articles 14 to 25 and 48 of Regulation (EC) No 1224/2009, shall continue to apply to those categories of vessels until the date on which the provisions of this Regulation become applicable to those categories of vessels.

2.As regards vessels of less than 12 metres in length overall, Article 9, Article 14(1), (2) and (7) to (12), Articles 15, 19a, 21 to 24 and 48 of Regulation (EC) No 1224/2009, as amended by this Regulation, shall apply to those vessels from 10 January 2028.

3.Until 10 January 2027 Member States may continue to apply sampling plans, control plans and common control programmes referred to in Article 60(3) of Regulation (EC) No 1224/2009 as amended by this Regulation, which have been approved by the Commission in accordance with Articles 60 and 61 of Regulation (EC) No 1224/2009 and Articles 76 and 77 of, and Annexes XIX, XX and XXI to, Commission Implementing Regulation (EU) No 404/2011^note as applicable on 9 January 2024 and which have not expired.

4.From 10 July 2024 until 10 January 2026 and, by way of derogation from Article 3(1), point (b), Article 3(2) and Article 42 of Regulation (EC) No 1005/2008 as applicable on 8 January 2024, failing to fulfil obligations to accurately record estimates of quantities within the permitted margin of tolerance as provided for in Article 90(3), point (c), of Regulation (EC) No 1224/2009 as amended by this Regulation shall constitute a serious infringement where one or more of the corresponding criteria set out in Annex IV to Regulation (EC) No 1224/2009 are met.

5.For the electronic submission via CATCH of catch certificates and any other related documents in accordance with Article 16(1) of Regulation (EC) No 1005/2008 as amended by this Regulation, until 10 January 2028 the importer may use catch certificates and any other related documents that have been validated, endorsed or signed before 10 January 2026 in accordance with Articles 12 and 14 of, and Annexes II and IV to, Regulation (EC) No 1005/2008 as applicable at the time of their validation, endorsement or signature.

6.As regards the obligation, referred to in Article 38, point 10, of Regulation (EC) No 1005/2008 as amended by this Regulation, of Union owners, including beneficial owners, of fishing vessels flying the flag of third countries included in the list of non-cooperating third countries in accordance with Article 33 of that Regulation to request the removal of those vessels from the registry of such countries, such a request, in relation to the countries already included in that list on 9 January 2024, shall be made by 10 March 2024.

Defined terms · 28

Show every defined term

catching vessel
means a vessel equipped or used for the capture of marine biological resources for commercial purposes;
control
means control as defined in Article 4, point (3), of Regulation (EC) No 1224/2009;’;
fisheries monitoring centre
means an operational centre established by a flag Member State and equipped with computer hardware and software enabling automatic data reception, processing, analysis, control, monitoring and electronic data transmission;’;
fishing authorisation
means an authorisation issued in respect of a Union fishing vessel, where relevant in addition to its fishing licence, entitling it to carry out specific fishing activities during a specified period, in a given area or for a given fishery under specific conditions;’;
fishing licence
means an official document conferring on its holder the right, as determined by national rules, to use a certain fishing capacity for the commercial exploitation of marine biological resources;
fishing operation
means any activity in connection with searching for fish, the shooting, towing and hauling of active gear, the setting, soaking, removing or resetting of passive gear and the removal of any catch from the gear and keep nets, or from a transport cage to fattening and farming cages;’;
fishing restricted area
means a specific geographically defined marine area within one or more sea basins where all or certain fishing activities are temporarily or permanently restricted or prohibited in order to improve the conservation of marine biological resources or the protection of marine ecosystems under the rules of the common fisheries policy;
fishing trip
means any voyage of a catching vessel which starts at the moment when the vessel leaves a port and ends on arrival in port;
fishing vessel
means a catching vessel or any other vessel used for commercial exploitation of marine biological resources, including support vessels, fish processing vessels, vessels engaged in transhipment, towing vessels, auxiliary vessels and carrier vessels used for the transportation of fishery products, but excluding container vessels and vessels used exclusively for aquaculture;’;
fishing without a vessel
means an activity for the commercial exploitation of marine biological resources where those resources are caught or harvested without the use of a catching vessel, such as gathering of shellfish, underwater fishing, ice fishing and fishing from the shore, including fishing on foot;
inspection
means inspection as defined in Article 4, point (4), of Regulation (EC) No 1224/2009;’.
landing
means the first unloading of any quantity of fishery products from on board a fishing vessel to land;’;
landing site
means a location, other than a maritime port as defined in Article 2, point (16), of Regulation (EU) 2017/352 of the European Parliament and of the Council, which is officially recognised by a Member State for landing;
lot
means a batch of units of fishery or aquaculture products;
multiannual plan
means a plan as referred to in Articles 9 and 10 of Regulation (EU) No 1380/2013, or another Union measure adopted on the basis of Article 43(2) TFEU providing for specific management or recovery of particular fish stocks and covering a period of more than one year;’;
official
means any person authorised by a competent authority of a Member State, the Commission or the European Fisheries Control Agency (EFCA), established under Regulation (EU) 2019/473 of the European Parliament and of the Council, to carry out control or inspections;
processing
means the process by which the presentation was prepared.
recreational fisheries
means non-commercial fishing activities exploiting marine biological resources for recreation, tourism or sport;’;
rules of the common fisheries policy
means legally binding Union acts and applicable international obligations of the Union relating to the conservation, management and exploitation of marine biological resources, to aquaculture, and to processing, transport and marketing of fishery and aquaculture products;’;
sensitive species
means a sensitive species as defined in Article 6, point (8), of Regulation (EU) 2019/1241 of the European Parliament and of the Council;
serious infringement
means an infringement listed in paragraph 2 or considered serious pursuant to paragraph 3. 2.
sighting
means any observation by a Member State’s competent authority responsible for inspection at sea, or by the master of a Union or third-country fishing vessel of a fishing vessel engaged in activities that may be considered to be IUU fishing in accordance with Article 3.’.
slipping
means the practice of intentionally releasing fish from fishing gear before that gear is fully brought on board a catching vessel;
surveillance
means the observation of fishing activities on the basis of sightings by inspection vessels, official aircraft, official remotely piloted aircraft systems (RPAS), vehicles or other means, including technical detection and identification methods;
Union inspector
means an official of a Member State, of the Commission or of EFCA, whose name is contained in the list established in accordance with Article 79;
unique fishing day identification number
means the specific number generated for any continuous period of 24 hours or part thereof during which fishing without a vessel takes place.
unique fishing trip identification number
means the specific number generated by the electronic fishing logbook for each fishing trip;
vessel position data
means data on the fishing vessel identification, geographical position, date, time, course and speed transmitted by tracking devices on board fishing vessels to the fisheries monitoring centre of the flag Member State;’;