Date: 2020-01-15Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2020/30 of 14 January 2020 amending Implementing Regulation (EU) No 404/2011 as regards detailed rules for the direct electronic exchange of information enacted under the rules of the Common Fisheries Policy
Issued by European Commission
· Directorate-General for Maritime Affairs and Fisheries
Executive Summary:
Commission Implementing Regulation (EU) 2020/30 amends Implementing Regulation (EU) No 404/2011 regarding electronic data exchange under the Common Fisheries Policy. It introduces a new data format for inspection and surveillance reports and updates rules for data exchange between Member States and the Commission. The regulation entered into force on the twentieth day following its publication in the Official Journal of the European Union.
Key Points / Main Content:
Data Exchange Rules:
* Article 146a is replaced, detailing rules for data exchange as referred to in Articles 111 and 116 of the Control Regulation, inspection and surveillance report data as referred to in Articles 71, 76 and 83, and notification of catch data as referred to in Article 332 and 4.
Catch Data Transmission:
* Flag Member States must use the UNCEFACT P100012 based XML Schema Definition format to transmit aggregated catch data as per Article 33(2 and 4) of the Control Regulation.
* Catch report quantities should be based on landed quantities; estimates are allowed before landing, with corrections required before the 15th of the following month.
XML Format Amendments:
* The Commission, in coordination with Member States, will decide on amendments to XML formats and implementation documents for electronic data exchanges.
Inspection and Surveillance Data:
* Inspection and Surveillance Domain XML Schema Definition based on the UN CEFACT P10008 is the format for exchanging inspection and surveillance report data between Member States and the Commission.
* Member State systems must be capable of sending inspection and surveillance messages and replying to requests for inspection and surveillance data according to the specified XML Schema Definition, starting from a date to be established in coordination with Member States.
Annex XII Amendment:
* Under P1000 7; Vessel Position domain, the following line is inserted: P1000 8; Inspection and Surveillance domain.
Impact Analysis:
Member States:
* Impact: Must adapt their systems to the new XML formats for data exchange, specifically for inspection and surveillance reports and catch data.
* Action Required: Implement the UNCEFACT P100012 based XML Schema Definition for catch data and the UN CEFACT P10008 based Inspection and Surveillance Domain XML Schema Definition. Ensure systems can send and receive inspection and surveillance messages in the new format by the date established in coordination with the Commission.
European Commission:
* Impact: Responsible for coordinating the implementation of the new data exchange formats and for deciding on amendments to the XML formats in concert with Member States.
* Action Required: Establish a date, in concert with Member States, from which the new inspection and surveillance message exchange system will be operational. Coordinate and decide on any future amendments to XML formats.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Commission Implementing Regulation EU 2020/30: A regulation amending Implementing Regulation EU No 404/2011 as regards detailed rules for the direct electronic exchange of information enacted under the rules of the Common Fisheries Policy.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union.
Council Regulation EC No 1224/2009: Regulation establishing a Union control system for ensuring compliance with the rules of the common fisheries policy.
Common Fisheries Policy: The European Union's fisheries policy.
Commission Implementing Regulation EU No 404/2011: Regulation laying down detailed rules for the implementation of Council Regulation EC No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy.
Council Regulation EC No 1006/2008: Regulation concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters.
Regulation EU 2017/2403: Regulation of the European Parliament and of the Council on the sustainable management of external fishing fleets.
15.1.2020 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n U nion L 9/3
COMMISSION IMPLEMENTING REGULATION (EU) 2020/30
of 14 January 2020
amending Implementing Regulation (EU) No 404/2011 as regards detailed rules for the direct
electronic exchange of information enacted under the rules of the Common Fisheries Policy
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 (1), and in particular Articles 71, 76 and 111
thereof,
Whereas:
(1) Rules governing the exchange of data in electronic format between Member States, and between Member States and
the Commission or the body designated by it were established in Regulation (EC) No 1224/2009 (‘the Control
Regulation’). Articles 71, 76 and 83 of that Regulation specifically concern the exchange of inspection and
surveillance reports.
(2) The Commission has developed a new format for the transmission of inspection and surveillance report data that
should be used for all future electronic data exchanges referred to in Articles 71, 76 and 83 of the Control
Regulation.
(3) Chapter Ia of Title IX of Commission Implementing Regulation (EU) No 404/2011 (2) lays down the rules governing
the exchange of data between Member States, and between Member States and the Commission or the body
designated by it. These rules need to be modified in order to take account of the new format developed by the
Commission for inspection and surveillance data as well as new technologies and international standards.
(4) Since Council Regulation (EC) No 1006/2008 (3) has been repealed by Regulation (EU) 2017/2403 of the European
Parliament and of the Council (4), references to this Regulation in Chapter Ia of Title IX of Implementing Regulation
(EU) No 404/2011 should be removed.
(5) Implementing Regulation (EU) No 404/2011 should therefore be amended accordingly.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and
Aquaculture,
(1) OJ L 343, 22.12.2009, p. 1.
(2) Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of
Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the
Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1).
(3) Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing
vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC)
No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33).
(4) Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of
external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).L 9/4 E N O f f i c i a l J o u r n a l o f t h e E u r o p e an Union 15.1.2020
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Implementing Regulation (EU) No 404/2011
Implementing Regulation (EU) No 404/2011 is amended as follows:
(a) Article 146a is replaced by the following:
‘Article 146a
This Chapter lays down detailed rules for the exchange of data as referred to in Articles 111 and 116 of the Control
Regulation, the exchange of inspection and surveillance report data as referred to in Articles 71, 76 and 83 of the
Control Regulation, as well as for the notification of catch data as referred to in Article 33(2) and (4) of the Control
Regulation.’
(b) In Article 146i, paragraph 1 is replaced by the following:
‘1. Flag Member States shall use the XML Schema Definition based on the UN/CEFACT P1000-12 as format to
transmit to the Commission the aggregated catch data referred to in Article 33(2) and (4) of the Control Regulation.’
(c) In Article 146i, paragraph 3 is replaced by the following:
‘3. The catch report quantities shall be based on the quantities landed. If catches are not yet landed, an estimate catch
report shall be provided, with the indication ‘retained on board’. A correction with the exact weight and landing place
shall be transmitted before the 15th of the month following the landing.’
(d) In Article 146j, paragraph 1 is replaced by the following:
‘1. Amendments to XML formats and implementation documents to be used for all electronic data exchanges
between Member States, and between Member States, the Commission or the body designated by it, including the
amendments resulting from Articles 146f, 146g, 146h and 146k, shall be decided by the Commission in concert with
Member States.’
(e) The following Article 146k is added:
‘Article 146k
Exchange of inspection and surveillance related data
1. The format to be used to exchange inspection and surveillance report data, referred to in Articles 71, 76 and 83
of the Control Regulation, between Member States, as well as between Member States and the Commission or the
body designated by it, shall be the Inspection and Surveillance Domain XML Schema Definition based on the UN/
CEFACT P1000-8.
2. As from a date established in concert with Member States in accordance with Article 146j(2), Member State
systems shall be capable of sending inspection and surveillance messages and of replying to requests for inspection
and surveillance data in accordance with the Inspection and Surveillance Domain XML Schema Definition based on
the UN/CEFACT P1000-8.’
(f) In Annex XII, under ‘P1000 — 7; Vessel Position domain’, the following line is inserted:
‘P1000 — 8; Inspection and Surveillance domain’.15.1.2020 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n U nion L 9/5
Article 2
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 January 2020.
For the Commission
The President
Ursula VON DER LEYEN