Date: 2022-08-19Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2022/1410 of 18 August 2022 providing for a reduced prior notification period before arrival at port for Union fishing vessels of 12 metres’ length overall or more engaged in fisheries on stocks subject to Regulation (EU) 2019/472 of the European Parliament and of the Council and Regulation (EU) 2019/1022 of the European Parliament and of the Council landing in Spanish ports
Issued by European Commission
· Directorate-General for Maritime Affairs and Fisheries
**Executive Summary:**
Commission Implementing Regulation (EU) 2022/1410 reduces the prior notification period for Union fishing vessels landing in Spanish ports from 4 hours to 2.5 hours under specific conditions. This applies to vessels engaged in fisheries on stocks subject to Regulations (EU) 2019/472 and (EU) 2019/1022, operating in grounds within 4 hours of a Spanish port. Spain must submit an impact report to the Commission by 26 August 2024.
**Key Points / Main Content:**
* **Reduced Notification Period:**
* The minimum prior notification period is reduced to 2.5 hours before arrival at a Spanish port.
* **Eligibility Criteria:**
* Applies to Union fishing vessels of 12 meters length overall or more.
* Vessels must be engaged in fisheries on stocks subject to Regulations (EU) 2019/472 and (EU) 2019/1022.
* Vessels must operate in fishing grounds from which they can reach the port of landing in less than 4 hours.
* Vessels must land in Spanish ports.
* **Reporting Requirement for Spain:**
* Spain must submit a report to the Commission by 26 August 2024.
* The report must analyze the impact of the reduced notification period on the ability of Spanish fisheries control authorities to monitor fishing activities effectively.
* **Repeal of Previous Regulation:**
* Implementing Regulation (EU) No 1188/2013 is repealed.
* **Entry into Force:**
* The Regulation came into force on the seventh day following its publication in the Official Journal of the European Union.
**Impact Analysis**
* **Union Fishing Vessels:**
* *Impact:* Reduced prior notification period simplifies landing procedures in Spanish ports, provided they meet specific conditions.
* *Action Required:* Ensure compliance with eligibility criteria (vessel size, fishing area, targeted stocks) to benefit from the reduced notification period.
* **Spanish Fisheries Control Authorities:**
* *Impact:* Must monitor the effectiveness of fisheries control with the reduced notification period.
* *Action Required:* Monitor fishing activities of vessels benefiting from the reduced notification period, assess the impact, and contribute to the report to the Commission.
* **European Commission:**
* *Impact:* Receives and reviews the report from Spain regarding the impact of the reduced notification period.
* *Action Required:* Review Spain's report to ensure the reduced notification period does not negatively impact fisheries control.
Key Entities Referenced
European Commission: The executive branch of the European Union, responsible for implementing decisions.
Spanish ports: Ports located in Spain, where Union fishing vessels land their catches.
Regulation EU 2019/472: Regulation of the European Parliament and of the Council establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters.
Regulation EU 2019/1022: Regulation of the European Parliament and of the Council establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea.
Council Regulation (EC) No 1224/2009: Council Regulation establishing a Union control system for ensuring compliance with the rules of the common fisheries policy.
Commission Implementing Regulation (EU) No 1188/2013: Commission Implementing Regulation providing for a reduced notification period before arrival at port for Union vessels engaged in fisheries on Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula which land in Spanish ports.
Cantabrian Sea: A sea area in the Atlantic Ocean, bordering the northern coast of Spain and the southwest coast of France.
Gulf of Cadiz: A gulf in the Atlantic Ocean, located between Spain and Portugal.
L 216/20 EN Official Journal of the European Union 19.8.2022
COMMISSION IMPLEMENTING REGULATION (EU) 2022/1410
of 18 August 2022
providing for a reduced prior notification period before arrival at port for Union fishing vessels of
12 metres’ length overall or more engaged in fisheries on stocks subject to Regulation (EU)
2019/472 of the European Parliament and of the Council and Regulation (EU) 2019/1022 of the
European Parliament and of the Council landing in Spanish ports
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 2009establishing 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 Article 17(6) thereof,
Whereas:
(1) Pursuant to Article 17(1) of Regulation (EC) No 1224/2009, masters of Union fishing vessels of 12 metres’ length
overall or more, engaged in fisheries on stocks subject to a multiannual plan, which are under the obligation to
record fishing logbook data electronically, are also to notify the competent authorities of their flag Member State of
their intention to land, at least 4 hours before the estimated time of arrival at port.
(2) On 28 May 2021, Spain requested that the reduced notification period established by Commission Implementing
Regulation (EU) No 1188/2013(2)be extended to all Union fishing vessels that are engaged in fisheries on stocks
subject to Regulation (EU) 2019/472 of the European Parliament and of the Council(3) and Regulation (EU)
2019/1022 of the European Parliament and of the Council(4) in the Cantabrian Sea, the Gulf of Cadiz and the
western Mediterranean Sea, and landing in Spanish ports.
(3) The spatial data provided by Spain to support that request shows that the specific relevant fleets flying the flag of
Spain operate, as a general rule, in fishing grounds which are less than 4 hours’ distance from their landing ports.
Furthermore, those landing ports are always at a distance under 2,5 hours from the Spanish control authorities’
offices. Therefore, should the vessels in question be selected for an inspection at landing, a prior notification period
of at least 2,5 hours would allow the concerned Spanish control authorities to arrive on time at the landing port to
carry out the corresponding inspection.
(4) For reasons of equal treatment, the same reduced prior notification period should apply to Union fishing vessels
landing in any Spanish ports and fulfilling the conditions set out in this Regulation.
(5) The concerned Union fishing vessels should therefore be granted the right to submit a prior notification notice of
2,5 hours before the estimated arrival to a Spanish port.
(1) OJ L 343, 22.12.2009, p. 1.
(2) Commission Implementing Regulation (EU) No 1188/2013 of 21 November 2013 providing for a reduced notification period before
arrival at port for Union vessels engaged in fisheries on Southern hake and Norway lobster stocks in the Cantabrian Sea and Western
Iberian peninsula which land in Spanish ports (OJ L 313, 22.11.2013, p. 47).
(3) Regulation (EU) 2019/472 of the European Parliament and of the Council of 19 March 2019 establishing a multiannual plan for stocks
fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 2016/1139 and
(EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007
and (EC) No 1300/2008 (OJ L 83, 25.3.2019, p. 1).
(4) Regulation (EU) 2019/1022 of the European Parliament and of the Council of 20 June 2019 establishing a multiannual plan for the
fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014 (OJ L 172,
26.6.2019, p. 1).19.8.2022 EN Official Journal of the European Union L 216/21
(6) Spain should assess the impact of the reduced prior notification period provided for by this Regulation in order to
ensure appropriate review thereof and submit a report to the Commission.
(7) As the scope of Implementing Regulation (EU) No 1188/2013 overlaps with that of this Regulation, that
Implementing Regulation should be repealed.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and
Aquaculture,
HAS ADOPTED THIS REGULATION:
Article 1
The minimum prior notification period provided for in Article 17(1) of Regulation (EC) No 1224/2009 shall be reduced to
2,5 hours for masters of the Union fishing vessels of 12 metres’ length overall or more and which fulfil all of the following
conditions:
(a) they are engaged in fisheries on stocks subject to the multiannual plans established by Regulations (EU) 2019/472 and
(EU) 2019/1022;
(b) they operate exclusively in fishing grounds from which they can reach in less than 4 hours the port of landing;
(c) they land in Spanish ports.
Article 2
Spain shall submit a report to the Commission concerning the implementation of this Regulation by 26 August 2024.
That report shall include an analysis of any impact of the reduced prior notification period on the ability of the Spanish
fisheries control authorities to effectively monitor the fishing activities of those vessels benefiting from the reduced prior
notification period set out in Article 1.
Article 3
Implementing Regulation (EU) No 1188/2013 is repealed.
Article 4
This Regulation shall enter into force on the seventh 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, 18 August 2022.
For the Commission,
On behalf of the President,
Virginijus SINKEVIČIUS
Member of the Commission