HARMONISATION OF FISHERIES CONTROL IN EUROPE EUROPEAN PARLIAMENT Brussels, 17 February 2016
Harmonisation through the enforcement process Established means: • ( Dialogue with the industry and NGOs ) • Coordination: articles 95 (SCIP + JDP) • Intervention through inspection • Detection of Infringements • Infringement reports • Bringing to court 17/02/2016 EP HEARING HARMONISATION MCS 2
Coordination through a SCIP + JDP • When the Commission adopts a Specific Control and Inspection Programme (SCIP) IAW article 95, a Joint Deployment Plan (JDP) can be implemented. A JDP is usually managed at campaign level that can run from a week to a whole year. • At the head of each campaign a Coordination Centre is In Charge (CCIC), supported by various Associated Coordination Centre's (ACC). • MS is always designated as CCIC either for a whole campaign in the case of short campaigns or for a predetermined period of time sharing the responsibility in a long campaign. • The CCIC can also be and often is situated at EFCA supported by the MS designated as CCIC.
Moving from the fragmented to the comprehensive picture: SCIP + EFCA JDP • Common regional challenges call for common solutions: SCIP and associated Joint Deployment Plan (JDP); • Operational instrument which allows trans-zonal and cross border MCS implementation (sea, port, transport); • By organising the best use of human and material resources pooled by MS, we can promote: – Better basis for Risk Management – Data exchange – Uniformity and effectiveness of control – Increased transparency – Level playing field for fishing industry – Cost effective use of national control resources Promoting harmonisation and EU added-value
Enforcement Cycle Intelligence/ Intelligence/ Data Data Risk Risk analy analy sis sis Tasking & Tasking & Objectives Objectives Planning Planning Coordination Coordination Targeting Targeting EFCA EFCA input input Evidence & Evidence & Penalties Penalties Prosecutor Prosecutor Inspection Inspection infringements infringements
Risked based approach according to the Control Regulation • ‘risk’ means the likelihood of an event that may occur and would constitute a violation of the rules of the common fisheries policy; • Control activities and methods should be based on risk management using cross-checking procedures in a systematic and comprehensive way by Member States. It is also necessary for Member States to exchange relevant information • Broadening the scope from Control and Inspection to Compliance 17/02/2016 EP HEARING HARMONISATION MCS 6
A few figures (2015) SCIP/JDP non compliance pattern Suspected Infringement TOTAL Falsifying logbook, landing declarations, sales notes, transfer declaration, 258 transport docs or failure to keep or submit these documents as required Use of prohibited or non-compliant fishing gear 109 Failure to comply with notification provisions (Exit, Entry, landings, 63 transshipments, catches, pre-notification, etc.) Taking on board, transshipping or landing of undersized fish in contravention 20 of the legislation in force Fishing without a valid license, fishing permit or authorisation or with falsified 17 documentation Fishing in a closed area, closed season or beyond a close depth. 18 Other 218 17/02/2016 EP HEARING HARMONISATION MCS 7
Major SCIP/JDP possible non compliance Two standing issues in compliance in 2015: • Falsifying logbook , landing declarations, sales notes, transfer declaration, transport docs or failure to keep or submit these documents as required; • Use of prohibited or non-compliant fishing gear 17/02/2016 EP HEARING HARMONISATION MCS 8
A few figures Probability of being inspected? • Number of EU Fishing vessels: 87445 • Number of EU Fishing vessels below 12: 74144 (85%) • Trawlers: 16%: 14321 • Non-trawlers: 84% : 73124 • Recreational fishing effort: TBC • PROXY-Number of Union Inspectors: 1583 (31/12/2015) • Number of EFCA-coordinated inspections (sea + shore): 17000 (4000 +12500) • Number of relating possible non compliances (sea + shore): 703 (301 + 402) 17 FEBRUARY 2016 EP HEARING HARMONISATION MCS 9
The effects of management rules on the risk management II • In theory: 85% of the EU fleet can be excluded from a daily catch electronic and position tracking recording and reporting scheme; • Data population available for the Coastal Member State considering that the basic CFP regulation art. 3 underlines the primary responsibility of the flag State; • The non trawling metiers can be a challenge for monitoring technical measures ; 17/02/2016 EP HEARING HARMONISATION MCS 10
Detection of infringements Perceived utility of MCS 1. Continuous At-Sea Controls • CCTV REM, • Observers 2. Non-Continuous At-Sea Controls • Boardings, Inspections Aircraft overflights. UAV/Drones • 3. Ongoing (Continuous) Shore-based Controls • VMS • ERS 4. Non-continuous Shore-based controls Landing Inspections • • Post-Landing Inspections (auction hall, transport, Processing plants, retailers) 17/02/2016 EP HEARING HARMONISATION MCS 11
Intervention through inspection EFCA Core Curricula for inspectors The EFCA Core Curricula for: Trainers of inspectors; Union inspectors. And the training seminars (690 inspectors in 2015) contribute to improving harmonisation. the EFCA Core Curricula is not binding . Available in English on OPOCE website 17/02/2016 EP HEARING HARMONISATION MCS 12
Intervention through inspection EFCA Core Curricula for inspectors - Core Curricula last courses published 2.b. Transhipment inspection completing the Port inspections course 2 (course 2.a. Landing inspection) 3.a. “General principles applicable to fisheries inspection and surveillance” • Introduction to fisheries inspection • Identify the entity to inspect • Surveillance • Finalise the Inspection 3.b.“Specific types of fisheries inspection” • Markets and premises inspection • Transport inspection • Illegal, unreported and unregulated (IUU) fishing • Union Inspectors
Standardisation of inspection procedures Two main axes • Ensure inspectors have a complete and same understanding of the situation of each vessel • Ensure the inspection procedures are applied in an homogeneous way • Benefit of EFCA Electronic Inspection Report (EIR) Application Project included in the EFCA MAWP Project included in the EFCA MAWP 2016 and in the different JDPs 2016 and in the different JDPs
Harmonisation in bringing to Court • The prosecution (as the management of the point system) is the sole responsibility of the Member States; • But the Union Inspectors face different national legal systems and should be prepared for gathering and preserving the evidences accordingly; • With due regard to the different legal systems in the individual Member States, the Agency facilitated workshops to address the issue of evidences. 17/02/2016 15
AREAS OF EFCA WORK IN 2016 FOR HARMONISATION Training seminars, e-learning and Core Training Training Curricula Continuation of risk assessment work Implementation of SCIP/JDP Provision of catch composition data Standardisation of inspections Electronic Inspection Reporting System Inspection Inspection Reporting Reporting
EFCA contribution to harmonisation • The EFCA is very active in improving harmonisation and level playing field through the implementation of the JDPs, the exchange of data, the development of training material and training seminars, the standardisation of inspection procedures, the EIR and its support to the MS Regional Groups and the Commission.
www.efca.europa.eu THANK YOU!
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