Key Benefits:
Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, responsible for green technologies and climate negotiations, and Minister of Food, Agriculture and Fisheries,
Having regard to Council Regulation (EEC) No. 2847/93 of 12 October 1993 as amended establishing a control regime applicable to the Common Fisheries Policy;
Having regard to Council Regulation (EC) No. 2371/2002 of 20 December 2002, as amended by Council Regulation (EC) No. 865/2007 of 10 July 2007 on the conservation and sustainable use of fisheries resources in the context of the Common Fisheries Policy;
Having regard to Council Regulation (EC) No. 1005/2008 of 29 September 2008 establishing a community system to prevent, discourage and eradicate illegal, unreported and unregulated fishing, amending regulations (EC) No. 2847/93, (EC) No. 1936/2001 and (EC) No. 601/2004 and repealing regulations (EC) No. 1093/94 and (EC) No. 1447/1999;
Having regard to Commission Regulation (EC) No. 1010/2009 of 22 October 2009 concerning the application of Council Regulation (EC) No. 1005/2008;
Having regard to the decree of 9 January 1852 amended on the exercise of maritime fishing;
Vu le Decree No. 89-273 of 26 April 1989 amended to implement the amended Decree of 9 January 1852 on the exercise of the marine fisheries with respect to the first marketing of marine fisheries products and the rules relating to the communication of statistical information, including Article 4, first paragraph;
Vu le Decree No. 90-94 of 25 January 1990 amended for the purposes of sections 3 and 13 of the amended Decree of 9 January 1852 on the exercise of the marine fisheries;
Vu le Decree No. 2004-374 of 29 April 2004 relating to the powers of prefects, the organization and action of State services in the regions and departments;
Considering the amended Order of 5 May 2000 setting out the terms and conditions of veterinary controls for the importation of products from third countries;
Considering the Order of May 18, 2009 setting out the list of veterinary and phytosanitary border crossings,
Stop:
For the purposes of this Order, fishing vessels flying third-party flags fishing vessels defined by the Community regulations on illegal, unreported and unregulated fishing that fly the flag of a third country to the Member States of the European Union as well as the French flag vessels of overseas countries and territories within the meaning of Annex II of the Treaty on European Union Pierre, namely those of the Southern New Caledonia,
Shipments and trans-shipments of fresh fishery products made directly by a third-flag fishing vessel may only take place in the following designated ports:
In metropolis:
Dunkerque;
Boulogne ;
Le Havre ;
Caen;
Cherbourg;
Granville;
Saint-Malo;
Roscoff;
Brest;
Douarnenez ;
Concarneau;
Lorient;
Nantes - Saint-Nazaire ;
La Rochelle ;
Rochefort-sur-Mer ;
Port-la-Nouvelle;
Come on.
Marseille Port.
In overseas departments:
The Port (The Meeting);
Fort-de-France (Martinique);
Port of Jarry (Guadeloupe) ;
Port of Larivot (Guyane).
All landings and trans-shipments of fishing products other than those referred to in section 2 by third-party flag-bearing fishing vessels are required in border inspection stations providing veterinary import control within the meaning of the above-mentioned Order of May 5, 2000.
Access to the French community ports of fishing vessels flying third-party flag to benefit only from port services outside of any commercial operation can only be authorized in the ports designated in Articles 2 and 3.
Within the minimum period of three working days prior to the estimated time of arrival at the port, reduced to four hours in the event of the disembarkation or trans-shipment of fresh-state fishery products except as specified in the fisheries agreements concluded by the Community and third countries, the master of the fishing vessel or his representative address to the fishing monitoring centre of CROSS A Etel by fax to 00-33 (0)2-97-55
– a pre-arrival notification to the port in accordance with one of the models published on the site:
http://mesdemarches.agriculture.gouv.fr/;
― the available capture certificate(s) corresponding if it holds fishery products, duly completed, signed and validated by the authorities of the third country of the ship's flag.
The authorization to enter the harbour is given to the fishing vessel by the CROSS Fisheries Monitoring Centre A Etel after receipt, control and verification of information transmitted in accordance with Article 4. Except for situations of force majeure or distress, entry to port shall be refused if the fishing vessel is on the community list of vessels that have practised an illegal, unreported and unregulated fishing, in the event of a lack of notification or non-compliance of the validated capture certificate(s) or in the event of a failure to implement the provisions of section 7, third paragraph.
Before any commencement of landing or trans-shipment operations, a pre-shipment or trans-shipment declaration conforming to one of the models published on the site http://mesdemarches.agriculture.gouv.fr/, completed and signed by the master of the fishing vessel, must be addressed to the CROSS A Etel Fisheries Monitoring Centre by fax at 00-33 (0)2-97-55-23-75 or after scanning
csp-France.cross-etel@developpement-durable.gouv.fr.
The original of the pre-shipment or trans-shipment declaration is provided to the services concerned for checks and checks, accompanied by the validated capture certificate(s).
In the event of a lack of presentation or non-compliance of the corresponding capture certificate(s), validated by the authorities of the third country of the vessel's flag and transmitted to the CROSS Fisheries Monitoring Centre In Etel, the fishery products will be kept on board and placed in the custody of the master of the fishing vessel to the extent that the storage conditions permit, be stored in a warehouse available under the control of the designated authorities and without prejudice to the provisions applicable to the veterinary controls established by the order of May 5, 2000 referred to above, for a maximum period of fourteen days, the costs being borne by the importer of the goods. After fourteen days, the products will be seized and destroyed in accordance with existing national procedures.
Authorization to commence landing or trans-shipment operations is given to the master of the third-party flag fishing vessel by the CROSS Fisheries Monitoring Centre A Etel, in accordance with the services concerned in the case of landings and trans-shipments referred to in Article 3, by e-mail or by fax or, in case of malfunction, by any other means, once the checks and checks of the documents transmitted.
For the organization of fisheries control operations at ports designated in section 1, the CROSS Fisheries Monitoring Centre In Etel, in accordance with the services concerned in the case of landings and trans-shipments referred to in Article 3, may, by e-mail or by fax or, in the event of malfunction, by any other means, order the master of the vessel to override the landing or trans-shipment for a period not exceeding two hours.
Prefectoral orders may also specify docks, locations, locations and time-limits for landing or trans-shipment, taking into account the specific provisions existing for designated ports that are also border inspection stations providing veterinary import control within the meaning of the aforementioned Order of May 5, 2000.
The Director of CROSS A Etel designates persons authorized to authorize or refuse entry to the port as well as the landing or trans-shipment of fishing vessels flying third flag.
The provisions of this Order shall apply outside any other specific provisions made under the regulations related to a plan for the management, conservation or restoration of sensitive species or arising from the application of measures adopted by regional fisheries management organizations.
The templates for notification, declaration of landing or transshipment forms are available on the website of the Ministry of Food, Agriculture and Fisheries (http://mesdemarches.agriculture.gouv.fr/).
A set of practical information on the community regime against illegal, unreported and unregulated fishing is also available on the Commission's website (http://ec.europa.eu/fisheries/cfp/external_relations/illegal_fishing_en.htm).
Any breach or violation of these provisions may result, regardless of the criminal penalties that may be imposed, in the application of administrative sanctions taken in accordance with Article 13 of the aforementioned Decree of 9 January 1852.
The Director of Maritime Affairs, the Director of Maritime Fisheries and Aquaculture and the Prefects of the regions concerned are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, December 22, 2009.
Minister of Food,
agriculture and fisheries,
For the Minister and by delegation:
The Director of Maritime Fisheries
and Aquaculture,
P. Mauguin
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
For the Minister and by delegation:
The Director of Maritime Affairs,
D. Cazé
