Commission Delegated Regulation (EU) 2025/1766

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the Common Fisheries Policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006^note, and in particular Article 9a(5), Article 15b(1)(a), (b) and (c), Article 17(6)(b), (c) and (d), Article 22(3), Article 24(4)(b), (c) and (d), Article 73(9)(b) to (g), Article 74(11), Article 75(2), Article 92(12)(a), (c) and (d), and Article 107(4) thereof,Whereas:

(1)Regulation (EC) No 1224/2009, as amended by Regulation (EU) 2023/2842 of the European Parliament and of the Council^note, provides for the adoption of specific rules and measures to supplement certain provisions it sets out. This Regulation updates existing rules as well as establishes new measures that supplement the provisions of Regulation (EC) No 1224/2009 on the basis of the empowerments contained in the amendments introduced by Regulation (EU) 2023/2842.

(2)The rules provided for by this Regulation are substantively linked, and many are intended to be applied in tandem. In the interests of simplicity, as well as to facilitate their application and to avoid a multiplication of rules, they should therefore be laid down in a single act rather than in a number of separate acts with many cross-references and the risk of duplication.

(3)With a view to ensuring a coherent application of the rules provided for by this Regulation, the establishment of certain definitions is necessary. This refers, in particular, to the definition of ‘vessel monitoring device’, which reflects the changes introduced by Regulation (EU) 2023/2842 to Regulation (EC) No 1224/2009 concerning the use of non-satellite tracking devices, which enable fishing vessels to be automatically located and identified by a vessel monitoring system in accordance with Article 9 of Regulation (EC) No 1224/2009.

(4)To ensure the effective monitoring of fishing activities and fishing effort by fisheries monitoring centres (FMC), in accordance with Article 9a of Regulation (EC) No 1224/2009, it is appropriate to lay down detailed rules on the monitoring of entry into and exit from specific areas, as well as provisions to address technical or communication failure or non-functioning of the vessel monitoring device and the non-receipt of vessel position data.

(5)To ensure the effective application of the catch recording and reporting obligations set out in Articles 14, 17, 19a, 21, and 23 of Regulation (EC) No 1224/2009, it is appropriate to lay down detailed rules applicable in the event of technical failure or non-functioning of the electronic recording and reporting system, the non-receipt of relevant data, and the data access failures.

(6)Article 73 of Regulation (EC) No 1224/2009 sets out rules on control observers, including provisions applicable where a Union control observer scheme has been established. These rules should be supplemented by additional provisions concerning the independence, duties, and security of control observers.

(7)According to Chapter I of Title VII of Regulation (EC) No 1224/2009, rules should be established to ensure a standardised approach on the conduct of inspections carried out by Member States. These rules define the duties of officials authorised to perform inspections, as well as the obligations of operators, including those responsible for the weighing of fishery products under Article 60(5) of Regulation (EC) No 1224/2009, during such inspections. It is also necessary to lay down common principles for inspection procedures carried out at sea, in ports or landing sites, during transport, at marketplaces, for fishing gear at sea, for fishing activities conducted without a vessel, at bluefin tuna farms, in recreational fisheries, and regarding inspection reports and their transmission.

(8)Article 74 of Regulation (EC) No 1224/2009 lays down rules governing the conduct of inspections, including provisions on the training required to carry out inspection tasks and the need for coordination with other authorities when officials have reason to believe that a fishing vessel has engaged in activities involving forced labour. To ensure compliance with the rules of the common fisheries policy and to enable the prompt investigation of such activities, which constitute a serious infringement under Article 90(2)(p) of Regulation (EC) No 1224/2009, rules on the conduct of inspections for the detection of fishing activities with the use of forced labour should be established.

(9)Article 92(1) of Regulation (EC) No 1224/2009 obliges Member States to set up a point system for serious infringements under the Regulation, where the accumulation of points would lead to the suspension or permanent withdrawal of the fishing licence. Article 92 also provides that rules should be established concerning the follow-up to the suspension or permanent withdrawal of a fishing licence or the right to command a fishing vessel as a master, to promote a level playing field and a culture of compliance both within and beyond the Union.

(10)Article 92(4) of Regulation (EC) No 1224/2009 requires Member States to establish a point system under which the master of a vessel is assigned the same number of points as the holder of the fishing licence, as a result of a serious infringement related to the vessel and committed during the period of his or her command, in accordance with Annex III of that Regulation. To ensure the harmonised and effective application of point system for masters across Member States, including any follow-up measures related to the suspension or permanent withdrawal of the master’s right to command a fishing vessel, detailed rules should be established for the registration of masters authorised to carry out fishing activities and for the recording of points assigned to them.

(11)Article 107 of Regulation (EC) No 1224/2009 provides for deduction of quotas by the Commission in cases of failure by Member States to comply with the rules of the common fisheries policy which may lead to a serious threat to the conservation of stocks subject to fishing opportunities or a fishing effort regime. Rules should therefore be laid down regarding the deduction of quotas, including the determination of the quantities to be deducted.

(12)Personal data collected and processed for control purposes under this Regulation shall comply with the data protection rules set out in Article 112 of Regulation (EC) No 1224/2009.

(13)The provisions of Regulation (EC) No 1224/2009 that this Regulation supplements start applying from 10 January 2026. Therefore, this Regulation should also start applying from the same date on.

(14)Experts designated by each Member State were consulted in accordance with Article 119a(4) of Regulation (EC) No 1224/2009.

(15)The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council^note and delivered an opinion on 8 July 2025,

HAS ADOPTED THIS REGULATION: