Contents
- 1. Without prejudice to specific provisions set out under the…
- 10. From 10 January 2030, no deduction for water and ice shall…
- 2. By way of derogation from paragraph 1 and subject to parag…
- 3. Any derogation to the 2 % deduction rule established pursu…
- 4. One or more Member States may submit to the Commission a p…
- 5. The Commission shall, without delay, inform all other Memb…
- 6. Within six months of receipt of a complete proposal, the C…
- 7. Where the Commission determines that the conditions set ou…
- 8. The Commission shall inform Member States of any deduction…
- 9. Where the Commission considers that one or more of the con…
Article 6Ice and water deduction#
1.Without prejudice to specific provisions set out under the rules of the CFP, and until 10 January 2030, authorised weighing operators may apply a deduction for water and ice of up to 2 % of the total weight of fresh pelagic fishery products except for landings intended for industrial purposes.
10.From 10 January 2030, no deduction for water and ice shall apply, except where allowed by the Commission pursuant to paragraphs 2 to 7.
2.By way of derogation from paragraph 1 and subject to paragraphs 3 to 9, the Commission may allow:
(a)a deduction percentage different from that provided for in paragraph 1; and/or
(b)the application of the deduction for water and ice to non-pelagic fishery products.
3.Any derogation to the 2 % deduction rule established pursuant to paragraph 2 shall:
(a)be clearly defined as regards its scope and percentage;
(b)be accompanied by specific procedures for the de-watering and de-icing;
(c)be subject to effective control measures to prevent the risk of abuse;
(d)apply only to fishery products intended for direct human consumption; and
(e)be justified on the basis of an independent and representative statistical analysis or study, including the most recent available inspection, control, and scientific data, demonstrating the necessity, proportionality, and appropriateness of such deduction.
4.One or more Member States may submit to the Commission a proposal for a deduction referred to in paragraph 2. The proposal shall be accompanied by all information necessary to assess compliance with the conditions set out in paragraph 3.
5.The Commission shall, without delay, inform all other Member States of the proposal referred to in paragraph 4. One or more Member States may request that the Commission coordinates technical discussions on that proposal, including, where appropriate, the expert group on compliance referred to in Article 37 of Regulation (EU) No 1380/2013.
6.Within six months of receipt of a complete proposal, the Commission shall decide whether the conditions set out in paragraph 3 are fulfilled, including, where appropriate, after consulting independent scientific bodies that are recognised at Union or international level.
7.Where the Commission determines that the conditions set out in paragraph 3 are fulfilled, it shall allow the deduction and specify its scope of application, including the fisheries, stocks, species, product categories and geographical areas concerned.
8.The Commission shall inform Member States of any deduction allowed under paragraph 7 on its website and it may periodically review the necessity, proportionality, and appropriateness of such deduction. No deduction shall be allowed where any of those conditions is no longer fulfilled.
9.Where the Commission considers that one or more of the conditions set out in paragraph 3 are not fulfilled, including through inquiries, verifications, autonomous inspections or audits carried out by the Commission pursuant to Articles 96, 98, 99 and 100 of Regulation (EC) No 1224/2009, or that the information provided under paragraph 4 is incomplete, it shall not allow the deduction and inform the Member State(s) concerned of this fact without delay.
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