ANNEX I

COMMON RULES FOR THE SPECIFIC CONTROL AND INSPECTION PROGRAMME

1.   OBJECTIVE

The general objective of the specific control and inspection programme shall be the verification of compliance with applicable legislation concerning:

(a)	quantitative restrictions on catches and any specific conditions associated therewith, including the monitoring of quota uptake;

(b)	the documentation required by the legislation applicable to the pelagic fisheries, in particular the reliability of the information recorded and reported;

(c)	landing and weighing procedures;

(d)	transhipments;

(e)

the high grading ban provided for in Article 1(2)(b) of Council Regulation (EC) No 1288/2009 of 27 November 2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011 (1) and any failure to land pelagic species caught during a fishing operation as referred to in Article 90(1)(c) of Regulation (EC) No 1224/2009.

2.   STRATEGY

Member States shall carry out control and inspection of fishing and all related activities by fishing vessels and other economic operators throughout the whole chain on the basis of risk management as defined in Article 4(18) of Regulation (EC) No 1224/2009.

Inspections made after landing or transhipment shall in particular be used as a complementary cross-checking mechanism to verify the reliability of the information recorded and reported on catches and landings.

3.   PRIORITIES

Different gear categories shall be subject to different levels of prioritisation, according to the annual fishing plan. For that reason, each Member State shall set specific priorities based on risk management.

4.   MONITORING TASKS

All fishing trips by authorised fishing vessels equipped with VMS shall be monitored in real time and cross-checked with the documentation of landing, transhipment, sales and takeover declarations as well as any inspection and surveillance reports.

All landings, sales, imports and exports shall be monitored.

5.   TARGET INSPECTION BENCHMARKS

No later than 1 month after the entry into force of this Decision for year 2011 and before 1 January 2012 for year 2012, Member States shall where appropriate define additional target inspection benchmarks and schedule inspections on the basis of risk management as defined in Article 4(18) of Regulation (EC) No 1224/2009:

Place of inspection	Benchmark
Inspection at sea	Benchmark to be set after a detailed analysis of the fishing activity in each area. Benchmarks at sea shall refer to the number of patrol days at sea in Western Waters, with possibly a separate benchmark for days patrolling specific areas. Based on risk management, specific inspections shall be programmed concerning: — the ban on high grading; — slipping; — the provisions for third-country vessels intending to fish for blue whiting or mackerel in EU waters laid down in Annex IV to Commission Regulation (EU) No 201/2010 of 10 March 2010 laying down detailed rules for the implementation of Council Regulation (EC) No 1006/2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters (2).
Landings	At least 10 % of the number of landings exceeding 10 tonnes of herring, mackerel and horse mackerel in designated ports shall be subject to full inspection. At least 15 % of the quantities of herring, mackerel and horse mackerel landed in designated ports shall be subject to full inspection. The choice of the landings to be inspected shall be based on risk analysis. Based on risk management, specific inspections shall be programmed for: — not designated ports and landing places; — landings of quantities of herring, mackerel and horse mackerel of less than 10 tonnes; — possible landings of mackerel under other denominations, such as Scomber japonicus (MAS). Benchmarks in respect of landings of anchovy and blue whiting to be set on the basis of a detailed analysis of the landing activity in each area.
Transhipments	Based on risk management, at least 5 % of the number of transhipments shall be subject to inspection.
First sale	At least 10 % of the first sales of herring, mackerel and horse mackerel in designated ports shall be subject to full inspection, the benchmark should be based on risk analysis. At least 15 % of the quantities sold of herring, mackerel and horse mackerel in designated ports shall be subject to full inspection, the benchmark should be based on a risk analysis.
Import/Export	Based on risk management, in case where information is available to Member States on import/export flows, at least 5 % of the quantities imported/exported shall be subject to inspection.
Aerial surveillance	Benchmarks to be set after a detailed analysis of the fishing activity conducted in each area and taking into consideration the available resources at the Member State’s disposal.

6.   PROCEDURES

6.1.   General inspection tasks

Inspectors shall verify and note in their report the following information:

(a)	the details of the identity of the responsible persons involved in the activities inspected;

(b)	the fishing licenses and authorisations;

(c)	all relevant documentation;

(d)	detailed verification of species and quantities caught in compliance with the applicable EU legislation.

All relevant findings from the inspections done at sea, in ports or in any other economical operator concerned shall be noted in the inspection reports.

Those findings shall be duly cross-checked with the information made available to the inspectors by other competent authorities, including Vessel Monitoring System (VMS) information, electronic recording and reporting system (ERS) information and lists of authorised vessels.

6.2.   Inspection tasks for aerial surveillance

Inspectors shall report on surveillance data for cross-checking purposes, and in particular verify sightings of fishing vessels against VMS and ERS information and authorised lists.

6.3.   Inspection tasks at sea

Where one or more pelagic species is onboard the fishing vessel or is present aboard a processing or a transport vessel, inspectors shall always verify the species and quantities of fish retained on board and compare them with the quantities recorded in the relevant documentation on board.

Inspectors shall systematically verify:

—	that the fishing vessels are authorised to operate in the relevant pelagic fishery,

—	that the fishing vessels are equipped with an operational Vessel Monitoring System (VMS),

—	that the relevant information is duly recorded in the logbook,

—	the compliance of the fishing gear on board with the relevant requirements,

—	the drawings of the vessel and in particular the possibility to discharge fish under the waterline,

—	the presence of equipment allowing automatic grading,

—	the physical quantities of pelagic species on board, and their presentation.

6.4.   Inspection tasks at landing

Inspectors shall systematically verify:

—	that the fishing vessels are authorised to operate in the relevant pelagic fishery,

—	that the pre-notification of arrival for landing was sent and contained the correct information concerning the catch on board,

—	That the landing of pelagic species has been authorised by the competent authorities, where appropriate,

—	that the fishing vessels are equipped with an operational VMS and ERS,

—	that the relevant information is duly recorded in the logbook and that the logbook sheets are transmitted in due course,

—	for the fishing vessels participating in the transport and processing of pelagic species, that the relevant documentation on board is present and duly completed,

—	the species and the physical quantities of pelagic species on board,

—	that the weighing obligations are applied where appropriate,

—	that the fishing gear on board corresponds to the fishing authorisation and complies with applicable technical measures.

6.5.   Inspection tasks during transhipment

Inspectors shall systematically verify:

—	that the fishing vessel is authorised to operate in the relevant pelagic fishery,

—	for transhipments in port, that the pre-notification of arrival in port was sent and contained the correct information concerning the transhipment,

—	that vessels wishing to tranship have received prior authorisation,

—	that the species and quantities pre-notified to be transhipped are verified,

—	that the relevant documentation on board is present and duly completed, including the transhipment declaration.

6.6.   Inspection tasks concerning transports, marketing and takeover

Inspectors shall systematically verify the species and the quantity and the vessel that caught the fish and cross-check this information with the landing declaration and the logbook and verify:

—	as regards transport, in particular the relevant documentation is present and duly completed,

—	as regards marketing, that the relevant documentation is present and duly completed,

—	a regards takeover, that the relevant documentation is present and duly completed.

---

(1)   OJ L 347, 24.12.2009, p. 6.

(2)   OJ L 61, 11.3.2010, p. 10.

ANNEX II

MINIMUM CONTENTS OF MEASURES ADOPTED BY MEMBER STATES AS REFERRED TO IN ARTICLE 4(2)

National measures shall, inter alia, specify the following:

(1)   MEANS OF CONTROL:

—	Human means The number of shore-based and seagoing inspectors, as well as the periods and zones where these are to be deployed.

—	Technical means The number of patrol vessels and aircraft, as well as the periods and zones where these are to be deployed.

—	Financial means The budgetary allocation for deployment of human resources, patrol vessels and aircraft.

(2)   DESIGNATION OF PORTS:

The list of the designated ports required under Regulation (EC) No 1542/2007.

(3)   WEIGHING PROCEDURES:

The systems applied to comply with the rules established, in particular by Regulation (EC) No 1542/2007 regarding weighing procedures and facilities.

(4)   FISHING PLANS:

The details of any system in place for the allocation of quotas and for the monitoring and control of quota uptake.

(5)   MONITORING:

The details of the monitoring system for fishing activities, landings, transhipments, marketing and import/export of pelagic species.

(6)   INSPECTION PROTOCOLS:

Detailed Protocols for all inspection activities.

(7)   GUIDELINES:

Explanatory guidelines for inspectors, producer organisations and fishermen.

(8)   COMMUNICATION PROTOCOLS:

Protocols for communication with the competent authorities designated by other Member States as being responsible for the specific control and inspection programme.