COMMISSION IMPLEMENTING DECISION of 13.4.2021
revoking the approval of the Irish control plan submitted for the weighing of fishery
products in accordance with Article 61(1) of Council Regulation (EC) No 1224/2009
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the 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 2115/2005 (EC) No 847/96, (EC) No
2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) 2115/2005, (EC) No 2166/2005,
(EC) No 388/2006, (EC) No 509/2007, (EC) 676/2007, (EC) 1098/2007, (EC) No 1300/2008,
(EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC)
No 1966/20061
, and in particular Article 60(2) and Article 61(1) thereof,
Whereas:
(1) Commission Implementing Decision 2012/474/EU2
approved, pursuant to Article 61(1) of Regulation (EC) No 1224/2009, the control plan of Ireland for the weighing
of fishery products landed in Ireland after transport (‘the control plan’). Under this
control plan Ireland may permit fisheries products to be weighed, instead directly on
landing, after transport from the place of landing, provided that they are transported to
a destination on the territory of the Member State concerned.
(2) In 2018, the Commission carried out an audit in Ireland aimed at monitoring the
implementation of the control plan. The findings of that audit identified irregularities,
subsequently confirmed also by the administrative inquiry conducted by the Irish
competent authority, which revealed that Ireland has failed to ensure effective
implementation of the control plan in accordance with the obligations arising from the
Regulation (EC) No 1224/2009.
(3) In particular, the operators did not have in place a “weighing system fit for purpose”,
as provided for under point 5 of the control plan and the audit identified manipulation
of weighing systems. Moreover, although aware of those shortcomings, Ireland did not
take appropriate measures to address such noncompliance, in particular by
withdrawing the permission to weigh after transport as foreseen in point 8 of the
control plan. Consequently, the control plan does not minimise the risk of systematic
manipulation of weighing pelagic catches in Ireland and the under-declaration of
catches by operators.
(4) Therefore, Ireland could not guarantee an effective control of landed quantities of
catches and minimise the risk of noncompliance with the rules of the common
fisheries policy. The failure to ensure appropriate weighing also puts at risk the
the uptake of fishing quotas.(5) Due to the absence of effective implementation of the control plan, derogation from
the basic requirement set in Article 60(2) of Regulation (EC) No 1224/2009 according
to which all fishery products are to be weighed at landing before transport, should no
longer be granted.(6) As a consequence, the approval of the Irish control plan should be revoked,
HAS ADOPTED THIS DECISION:
Article 1
Revocation of approval
The approval of the control plan submitted by Ireland, provided for by Article 1(3) of
Implementing Decision 2012/474/EU, is revoked.
Article 2
This Decision is addressed to Ireland.
Done at Brussels, 13.4.2021
For the Commission
Virginijus SINKEVIČIUS
Member of the Commission
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