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Royal Decree 418/2015, 29 May, Which Regulates The First Sale Of Fishery Products.

Original Language Title: Real Decreto 418/2015, de 29 de mayo, por el que se regula la primera venta de los productos pesqueros.

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TEXT

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009, and Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004 /585/EC are based on the sustainable exploitation of resources.

The legal framework established by Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the market in fishery and fishery products the aquaculture, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000, Council Regulation (EC) No 1005/2008 of 29 September 2008 laying down detailed rules for the application of Council Regulation (EC) No 104/2000, a Community system to prevent, discourage and eliminate illegal, unreported and non-declared fishing Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 are amended and Regulations (EC) No 1093/94 and (EC) No 1447/1999 and by Council Regulation (EC) No 1224/2009 of 20 November 2009 on the establishing a Community control system to ensure 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(EC) No 1300/2008 and (EC) No 1342/2008 and Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 are repealed are the pillars on which the Common Fisheries Policy is based to achieve its objectives.

It is also necessary to take into consideration the regulation contained in Law 12/2013 of 2 August, of measures to improve the functioning of the food chain, which introduces new developments affecting the field of food Fisheries marketing. Its aims include improving the traceability of the food chain, the formalisation of food contracts and electronic auctions, which may be applicable in the first sale of all fishery products, as well as their regime. sanctioning.

On the other hand, the Law 20/2013, of 9 December, of Guarantee of the Market Unit, establishes a clear and transparent regulatory framework that guarantees the free competition and the competitiveness of the fishing sector, in such a way that products can circulate freely within the national territory, with only the requirements applied in the autonomous community where the first sale is made.

By this royal decree, the first marketing of all fishery products, whether of marine origin or of continental waters, and originating from the professional activity, is regulated in an integral way, the basis of the fisheries traceability system. In the case of fishery products from third countries, the first sale shall be deemed to have been made at the time of entry into the national territory, the traceability and control of which is ensured by the catch certificate derived from the Regulation (EC) No 1005/2008 of 29 September 2008, or other customs documents, containing, for the purposes of consumer information, information equivalent to the provisions of Article 35 of Regulation (EU) No 1379/2013 of 11 December 2008. December.

Similarly, this royal decree will not be applicable to the first sale for preserved products and other products falling within headings 1604 and 1605 of the Combined Nomenclature, established by the Regulation (EC) -Council Regulation No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as the product has already been sold in the market or has been imported, without prejudice to other Community or national legislation affecting them.

The exchange of information between administrations and operators in the field of foreign trade is also regulated. The necessary documentation should be established for the transport after entry into the Community, ensuring the traceability of fishery products, as well as the communication of the sales notes for Spanish vessels in third countries. countries.

Article 59 of Regulation (EC) No 1224/2009 of 20 November 2009 provides that the first sale of fishery products must be carried out in a auction or to an authorised purchaser or producer organisation. These possibilities offered by the Regulation are limited in Spain to the fact that the auctions or other establishments authorized by the autonomous communities will be the only entities authorized to register the first sale of all the products. fishing, as well as the completion of the rest of the documents instituted in this royal decree, without prejudice to the exceptions provided for in Article 5.3.

On the one hand, Article 58 of Regulation (EC) No 1224/2009 of 20 November 2009 provides that all batches of fishery and aquaculture products must be traceable at all stages of the production chain, processing and distribution, from catch or harvest to the retail stage and which include fishery products from inland waters, eurhaline species, aquaculture, shellfish, algae and argazos and fishery products maritime. Traceability is the instrument that will make the mandatory information available to the consumer, as set out in Article 35 of Regulation (EU) No 1379/2013 of 11 December 2013, as well as other information which may be voluntary expand the retailer for better information to the final consumer, which improves their choice of choice.

Moreover, Article 64 of Regulation (EC) No 1224/2009 of 20 November sets out the minimum content of the sales note. In order to reduce the number of documents to be produced by the operators, the information on traceability and sales note will be collected exclusively in the sales note, which will contain all the necessary fields for this, except for the products of the Article 5 (1) (c) to be collected in the traceability document and without prejudice to the exceptions to Article 5.3.

As of the entry into force of Law 3/2001, of March 26, of Maritime Fishing of the State, the auction ceased to be the only means of realization of the first sale of fishery products. However, in practice, it has remained almost exclusively the only means used. This royal decree expressly declares the possibility of making the first sale of fishery products by means of the commercial formula which is established by mutual agreement between the parties, provided that it is done in a auction or establishment authorised and, where appropriate, drawing up a food contract, without prejudice to the derogations provided for in Article 5.3.

The responsibility for fulfilling the obligations arising from the first sale of the fishery products is the responsibility of the owner of the fishery products, which corresponds to the shipowners or holders of a professional licence in the case for extractive fishing, for holders of aquaculture facilities in the case of aquaculture products and in the case of marisking or seaweed harvesting and argusings for the holders of licences for the exercise of the activity.

It should be distinguished between products from extractive fishing in any form, including shellfish, which must be completed by a sales note, of aquaculture products, including fattening farms, as well as the algae and argazos, which will be required to fill in a traceability document.

As provided for in Article 59.2 of Regulation (EC) No 1224/2009 of 20 November for products subject to completion of a sales note, only those registered buyers may carry out transactions. discharged by the auction or approved establishments and communicated to the Autonomous Communities for registration.

This regulation is novel. It is essential to establish a minimum standard for ensuring traceability and comprehensive control of production and marketing, as required by the Community rules referred to above, in accordance with the competition conferred on it. Article 149.1.13 of the Constitution in the field of bases and coordination of the general planning of economic activity. In this regard, on the basis of the case-law of the Constitutional Court, and as a result of the establishment of specific requirements for the traceability of all fishery products in Regulation (EC) No 1224/2009 of 20 November In 2009, by means of the modification introduced by Law 33/2014, of 26 December, amending Law 3/2001, of March 26, of Maritime Fisheries of the State, it is necessary to adjust, in its entirety, to the block of constitutionality Provisions of Chapter V of Title II of Law 3/2001 of 26 March on landing and first the sale of fishery products, which are given as basic legislation for the management of commercial activity, with regard to the establishment of traceability requirements for fishery products for the purpose of placing on the market, under the authorisation of contained in clause 13. of article 149.1 of the Constitution. It is necessary to contain a common basic system for the traceability of fishery products, whether they come from the extractive activity of external waters, or from fishing for inland waters, shellfish or aquaculture. With regard to those products from shellfish and aquaculture, the scope of this royal decree, therefore, relates to traceability and control.

The autonomous communities may regulate the purchase of fishery products by final consumers directly from the producer, for those special cases that they themselves can determine, always within the limits established in Community legislation, as set out in Article 5.3.

Lauction dealers and approved establishments must collect information on fishery products, by completing the documents set out in this royal decree which they will have to hand over to the operators or carriers, where appropriate, and without prejudice to the derogations which have been established. To this end, it is considered necessary to require, irrespective of their turnover, the electronic transmission of the relevant information, their content being at the disposal of the competent authorities.

The obligation to carry out the first sale of the products set out in Article 5 (1) (a) and, on the other hand, in the rest of the products, must guarantee the recovery of the producers. In order to be able to operate as a registered buyer in a auction, the autonomous communities will regulate a guarantee system of guarantees or bonds, prior to the report of the Sectoral Conference of Fisheries and in accordance with Law 20/2013, of December 9, Market Unit Warranty.

Likewise, the transport of fishery products is regulated, which must be covered by the corresponding documentation, both in the case of the first sale or not, without prejudice to the specific documentation that it must accompany the product in application of its sectoral rules such as bluefin tuna (Thunnus thynnus) or species of the genus Dissostichus and the provisions of Article 8.4 for the products to be completed by a traceability document.

The Ministry of Agriculture, Food and the Environment must ensure electronic exchange between national and community administrations of relevant information concerning the documents set out in this document. royal decree, as provided for in Article 58.4 of Regulation (EC) No 1224/2009 of 20 November.

To this end, coordination between the Autonomous Communities and the General Secretariat of Fisheries is necessary in such a way that the information generated by the auctions and approved establishments is held by all the Competent authorities within a maximum of 24 hours. To this end, the General Secretariat for Fisheries shall make available to the Autonomous Communities, the auction dealers and approved establishments and other operators a common computer system.

This royal decree repeals not only the rules that will be contrary to this new regulation, but all those that have become obsolete.

Finally, the Royal Decree 114/2013 of 15 February, which establishes and regulates the national register of serious infringements of the common fisheries policy, sets out the rules for the application of the points system and the update the amounts of the penalties provided for in Law 3/2001, of 26 March, of Maritime Fisheries of the State, in order to adapt the numbering of its articles to the amendment introduced in Title V of Law 3/2001, 26 March, through Law 33/2014, of December 26.

The second final provision of Law 3/2001, of March 26, and the fourth final provision of Law 12/2013, of August 2, empower the Government for its regulatory development.

In accordance with the provisions of Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1999 and Royal Decree 1337/1999 of 31 July 1999 on the provision of information in the field of standards and This provision has been forwarded to the European Commission and to the other Member States. It has been forwarded to the European Commission and to the other Member States. In the preparation of this royal decree, the autonomous communities and the affected fishing sector have been consulted.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of May 29, 2015,

DISPONGO:

Article 1. Object and scope of application.

1. The purpose of this royal decree is to regulate the first sale of fishery products, such as those from offshore and inland fishing, shellfish, aquaculture and algae production as well as the collection of argazos, included in Chapter 3 and heading 12 12 21 00 or their updates, of the Combined Nomenclature, established by Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff nomenclature and statistics and the Common Customs Tariff.

2. The first sale is intended for the first time within the territory of the Community and in which the price of the fishery product is documented, on the occasion of its landing, or any other mode of entry into the Community. national territory, without prejudice to the provisions laid down in paragraph 3 of this Article.

3. For the purposes of this royal decree, the first sale in the case of fishery products from third countries shall be deemed to be carried out at the time of entry into the national territory by any means, the requirements being met. in Article 4 (8) and (9) as well as the requirements of Article 11 which concern them. In addition, in the event of the first sale of products from Spanish fishing vessels in third countries, the content of the transaction shall be communicated to the General Secretariat for Fisheries as set out in Article 12.3.

4. The provisions of this royal decree are without prejudice to the compliance with the applicable customs legislation.

Article 2. Definitions.

1. The definitions laid down in Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy amending the common fisheries policy shall apply for the purposes of this royal decree. Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009, and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004 /585/EC, in Regulation (EU) No 1379/2013 of the European Parliament and of the Council Council of 11 December 2013 establishing the common organisation of the market in the field of transport fishery and aquaculture products, Regulations (EC) No 1184/2006 and (EC) No 1224/2009 are amended and Council Regulation (EC) No 104/2000 is repealed, Regulation (EC) No 1224/2009 of 20 November 2009 on the establishes a Community control system to ensure 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 811/2004, No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008 and (EC) No 1342/2008 and Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 and Law 3/2001 of 26 March 2006 on the Maritime Fisheries of the State shall be repealed.

2. The following definitions shall also apply:

(a) Marisqueo: Extraction of molluscs, crustaceans, tunicates, echinoderms and other invertebrates, in marine, brackish or continental waters, with specific and selective gears, with the usual character and marketing purposes, on foot or with a vessel, whether they have been sown or not.

b) Arghazos: Dead Algas uprooted by direct action from the sea and accumulated on the beaches or on the rocks of the coasts.

c) Download: Extraction of the cargo of fishery products from the container used for transport. However, the first discharge, in any quantity, from a fishing vessel to land, is called disembarkation.

(d) Authorised establishment: Installation authorised by the Autonomous Communities to carry out the first sale of the fishery products, which is not carried out on the auction, and which shall act as the first consignor, and may be authorised, among others, freezer vessels or factory vessels, where appropriate.

e) Registered Buyer: Operators discharged by the auction or approved establishments and communicated to the Autonomous Communities for registration, in order to be able to acquire fishery products that have an obligation to make a sales note.

f) Eurihaline species: These are those fish species that are able to live in a medium with a wide range of salt concentration without affecting their metabolism.

g) Production unit: Means used by the producer to obtain fishery products with a view to their placing on the market. In the case of extractive fishing it shall be the vessel (name and registration) and in the case of aquaculture the installation itself (number of the Register of Livestock Holdings and holder). In the case of fishing arrangements without a vessel or without an aquaculture facility, the natural or legal person shall be.

h) Method of production: Procedure for obtaining the fishery products.

1. Maritime Fishing or Marine or Salting Water: Captured.

2. Fishing or shellfish in inland waters: Captured in fresh water.

3. Aquaculture: Breeding.

4. Algas and Args: Collection.

Article 3. Places for landing or unloading.

1. Fishery products which access the national territory and which are landed or unloaded at a port shall carry out the operation at the ports designated by the competent bodies of the autonomous communities or by the General Administration of the State, in the case of ports of autonomous or state competence, and at the docks or places designated by the port authorities.

2. In the case of fishery products where the landing or unloading is not carried out at a port, the competent authority may authorise its landing or unloading in the places to be determined. In the case of products to be completed by a sales note, as provided for in Article 7, the weighing and, where appropriate, the carriage to an authorised auction or establishment, as provided for in Articles 60, shall be guaranteed. and 61 of Regulation (EC) No 1224/2009 of 20 November 2009.

Article 4. General provisions.

1. Producers may place their products on the market by any method accepted in law, without the auction being compulsory, and must necessarily pass through the auction or establishment approved for weighing and checking the lots, and without prejudice to the derogations provided for in this Royal Decree which may be determined by the Autonomous Communities pursuant to Article 5.3.

2. The auction or authorized establishment shall act as the first consignor, and must complete the documents provided for in Articles 7 to 10, without prejudice to the exceptions laid down in this royal decree and without prejudice to the the other obligations affecting them.

3. In the event that the first sale is not carried out by auction, the covenants, contracts or any type of transaction, must be recorded in advance in the auction or authorized establishment and be brought to the attention of the organs the competent authorities of the autonomous communities, with the exception of products which are not obliged to make a sales note and those laid down in Article 5 (1) (d), and without prejudice to the obligation to carry out a food contract if the (a) the conditions laid down in Article 2.3 and Chapter I of Title II of Law 12/2013 of 2 August 2013; measures to improve the functioning of the food chain.

4. The auctions or approved establishments shall publish the operating schedules and inform in advance of the order in which the first sales will be made, whichever location is in place. It shall not apply to the products referred to in Article 5.1.d).

5. The autonomous communities may regulate the conduct of electronic auctions in those auctions or approved establishments that have the appropriate infrastructure, as provided for in Article 10 of Law 12/2013 of 2 August.

6. In the case of fishery products which have an obligation to make a sales note, it is prohibited to make second auctions or sales of the lots which have previously been awarded or sold, within the premises of the auction or establishment authorized to exercise the first sale, with the sole exception that the transaction failed.

7. The dealers in the auction or approved establishments may make sales to final consumers, provided that they are included in the activity of fishing-tourism or aquaculture tourism, the completion of the sales note being mandatory. a corresponding traceability document as set out in Articles 7 and 8. The autonomous communities which authorize this activity must regulate the quantities and maximum amounts of the products acquired in this mode, the sale of bivalve molluscs, echinoderms, tunicates and marine gastropods being prohibited. live.

8. Importers of fishery products from third countries shall be in a position to be able to transmit the traceability information provided for in Article 58 of Regulation (EC) No 1224/2009 of 20 November 2009 with the data derivatives of the importer's commercial invoice or other customs documentation or the catch certificate, as appropriate. Where appropriate, they may use the computer application set out in the first provision of this royal decree.

9. The Ministries of Agriculture, Food and Environment, Finance and Public Administrations, and the Economy and Competitiveness will establish the necessary coordination mechanisms for data on trade in fishery products and trade. are at the disposal of the General Secretariat for Fisheries and of the Autonomous Communities, with full respect to the specific rules applicable to data of a tax and customs nature.

10. In the case of Community fishery products which are put on sale in Spain for the first time, which are accompanied by a transport document, the transport document must be translated into Spanish at least, without prejudice to the translation into the a corresponding official code that can be determined by the Autonomous Communities.

Article 5. First-sale modes.

1. The arrangements for the first sale of fishery products shall be as follows:

a) Fresh and chilled marine extractive fishery products: The first sale will be made through the ports of the ports.

b) Marisking products and products from inland waters. The first sale may be carried out in auctions or establishments approved by the autonomous communities, located in the port site or not.

c) Products from aquaculture, including farms for fattening and production of algae and collection of argazos. The first sale of these products may be carried out in the ports of the ports, in the production centres themselves or other establishments which are authorised by the autonomous communities.

(d) Products from marine extractive fisheries stabilized on board or on shore: The first sale of the products of the extractive marine fishery stabilized on board or on land in one of the forms set out in Article 30 (d) Regulation (EU) No 1379/2013 of 11 December 2013 shall be carried out on the auction or establishments approved by the Autonomous Communities.

2. For the purposes of the preceding paragraph, in the following cases, the first sale may not be carried out at auction and shall be carried out in establishments approved by the Autonomous Communities.

(a) Where the first sale takes place in the island territories that do not have a lonja.

b) When the capture of eurhaline species is concerned, especially the eels (Anguilla anguilla) and the lamprea (Petromyzon marinus).

3. In specific cases determined by the Autonomous Communities, they may regulate, after the Ministry of Agriculture, Food and the Environment, the purchase of small quantities of fishery products by final consumers, in application of Articles 58.8, 59.3 and 65.2 of Regulation (EC) No 1224/2009 of 20 November 2009.

Article 6. Requirements of the concessionaires and facilities to make the first sale.

1. The auctions and the approved establishments and their dealers, in order to carry out the sale of the fishery products that have an obligation to make a sales note according to Article 7, whatever their business figure, must gather, to the less, the following requirements:

(a) Dispose of sufficient and adequate computer equipment for the obtaining and electronic transmission, both to the competent administration and to the operators, of the information set out in this royal decree.

b) Dispose of weighing systems verified and approved by the competent authority, being responsible for the accuracy of the weighing and without prejudice to the responsibility of the shipowner to carry out the same and of the plans of sampling in force. This weighing shall be used for the preparation of the landing declaration and the batch number may be determined at that time. The weighing shall also be used to determine the transport document, the collection declaration and the relevant sales note, without prejudice to the tolerance margins that apply.

(c) They shall comply with Article 15 of Regulation (EU) No 1380/2013 of 11 December of 11 December or other legislation affecting them in matters of control of the minimum conservation reference size of the species placed on the market. on sale. Also, in the case of products subject to common marketing standards, they may only be put up for sale if they comply with those rules.

(d) Communicate the discharge and discharge of registered buyers to the Autonomous Communities, which shall draw up a census, in line with the provisions of Article 2.2.e. To this end, they may use the computer application set out in the first provision of this royal decree, without prejudice to the autonomic rules applicable to it.

(e) Registered buyers, when they do not pay cash, in order to access the purchase of fishery products, must enter a guarantee or security insurance at the fishing auction. The autonomous communities will regulate this system of guarantees, prior to the report of the Sectoral Conference of Fisheries on its characteristics, which must attend in any case to the provisions of the Law 20/2013, of December 9, of the Guarantee of Unit of Market. This requirement shall not apply to establishments approved by the Autonomous Communities.

(f) The operator of the auction or approved establishment shall, where appropriate, pay the fees applicable to the owner of the vessel or the owner of the first sale, including the port of call the fresh fishery (T-4) established in Article 218 of the Recast Text of the Law of State Ports and the Merchant Navy. The concessionaire may also receive a fee for the preparation of the documents established in this royal decree, as established in each case by the autonomous legislation.

2. In the case of products to be completed by a traceability document within the meaning of Article 8, the autonomous communities shall regulate the requirements to be met by the establishments approved by them, taking into account the requirements set out in paragraph 1

Article 7. Note of sale.

1. At the time of the first sale of fishery products in any of the forms referred to in Article 5, with the exception of paragraphs 5.1.c) and 5.3, the auction or approved establishments shall complete a sales note, which shall be transmitted electronically.

Each sales note shall have a unique identification code, and shall contain at least the following fields, as well as those that may be determined by the Autonomous Communities, without prejudice to the provisions of Law 20/2013, 9 of December:

a) Batch number.

(b) The trade name, scientific name and code of the Alfa-3 FAO of each species.

c) Capture date.

d) Relevant geographical area or capture zone as appropriate.

e) Identification of the production unit. In the case of fishing vessels of 10 metres or more, the tidal code of the fishing logbook shall also be indicated.

f) The name, port code and landing date or place and date of the download.

g) Name and surname or social reason and addresses of the seller and the buyer, as well as the corresponding tax identification numbers. The name of the vessel owner or the master of the fishing vessel shall be entered in any case where appropriate.

h) Method of production.

i) Place and date of sale.

(j) The quantities of each species sold, determining the net weight in kilograms or number of copies per kilogram as applicable, as well as the price per kilogram.

k) Mode of presentation as set out in Annex I to Regulation (EC) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a scheme Community control to ensure compliance with the rules of the common fisheries policy.

l) Art of fishing, as set out in Annex III to Regulation (EU) No 1379/2013 of 11 December 2013.

m) In the case of species subject to common marketing standards, their size and freshness or other information in force shall be expressed.

n) In the case of products to be stored by organisations of fishing producers pursuant to Article 30 of Regulation (EU) No 1379/2013 of 11 December 2013, this circumstance and the place of storage.

n) In the case of fishery products below the minimum conservation reference size, they shall indicate their destination, which shall not be the direct human consumption.

o) Reference to the food contract or other previous covenants in the case of contractual transactions.

p) Where appropriate, the reference to the transport document or the collection declaration must be indicated. In the case of Community products caught in extra-Community waters, the reference to the customs T2M document shall be indicated.

2. The price, expressed in euro, shown in the sales note must match the sales price on the corresponding invoice, excluding taxes. The currency shall be entered in the case of sales in third countries.

Article 8. Traceability document.

1. For the fishery products referred to in Article 5 (1) (c), the operator of the auction or approved establishment, at the time of the first sale, shall complete a traceability document for each batch, which must be transmitted from the electronic form to the next operator.

2. The traceability document shall contain at least the following fields as well as those which can be determined by the Autonomous Communities, without prejudice to the provisions of Law 20/2013 of 9 December:

a) Batch number.

(b) The trade name, scientific name and code of the Alfa-3 FAO of each species.

c) Date of production or collection.

(d) The breeding or harvesting area of the product as laid down in Article 38 of Regulation (EU) No 1379/2013 of 11 December 2013. In the case of algae and argazos, the Autonomous Community shall be indicated.

e) Identification of the production unit.

f) Name and surname or social reason and addresses of the seller and the buyer, as well as the corresponding tax identification numbers.

g) Method of production.

h) Place and date of sale.

i) The quantities of each species sold, determining the net weight in kilograms or number of copies per kilogram as applicable.

j) Mode of presentation as set out in Annex I to Regulation (EC) No 404/2011 of 8 April 2011.

k) Reference to the food contract or other prior agreements in the case of contractual transactions.

3. The information contained in the traceability document shall be made available to the relevant public authorities, without prejudice to Article 12. To this end, the approved establishments or the auctions shall use the computer application set out in the first provision of this royal decree.

4. The journey of the lots between the time of harvest or harvest and their transport to the first approved establishment for sale is authorised provided that the traceability of the consignments is accredited.

Article 9. Collection declaration.

1. Where the fishery products to be completed by a sales note are intended to be stored live or stabilised in one of the ways listed in Article 30 (d) of Regulation (EU) No 1379/2013 of 11 December 2013, a subsequent sale, the auction or approved establishments, shall complete a collection declaration to be delivered to the producers.

Each collection declaration shall have a unique identification code, including at least the following fields, as well as those that can be determined by the Autonomous Communities, without prejudice to the provisions of Law 20/2013, of 9 December:

a) Batch number.

(b) The trade name, scientific name and code of the Alfa-3 FAO of each species.

c) Capture date.

d) Relevant geographical area or capture zone as appropriate.

e) Identification of the production unit. In the case of fishing vessels of 10 metres or more, the tidal code of the fishing logbook shall also be indicated.

f) The name, port code and landing date or place and date of the download.

g) Name and name or social reason and address of the seller, as well as their tax identification number. The name of the vessel owner or the master of the fishing vessel shall be entered in any case.

h) Method of production.

(i) Mode of presentation to the entry and exit of the collection, as set out in Annex I to Regulation (EC) No 404/2011 of 8 April 2011.

(j) The quantities of each species, determining the net weight in kilograms or number of copies per kilogram.

k) In the case of species subject to common marketing standards, their size and freshness or other information in force shall be expressed.

l) The name and address of the place where the products are stored.

m) Art of fishing, as set out in Annex III to Regulation (EU) No 1379/2013 of 11 December 2013.

n) Where appropriate, the reference of the transport document or the customs T2M document.

n) In the event that the storage occurs outside the port facilities, the transport vehicle shall be identified on each journey, with an expression of the registration, and the carrier must have a copy in its possession. of the collection declaration. Also, this document will be valid for the return to the source auction to make the first sale.

2. A declaration of collection shall not be required, at the time of entry into the auction or approved establishment, in the case of placing on the market in the immediately subsequent scheduled sale, provided that the ownership of the lots is credited.

3. Where the destination of the product is its stabilisation at the place of storage by freezing, salting, pickling, marinating, cooking or other means, or is stabilised on board the vessel, the shipowner shall keep the declaration of collection until the first sale as a fishing product under Article 5.1.d is produced.

Article 10. Transport document.

1. The fishery products for which the completion of a sales note is compulsory and which are transported to an approved auction or establishment other than the port or place of landing for the first sale shall be accompanied by a transport document. It shall be completed in cases where the first sale has not been made or where a collection declaration has been completed and is intended to transport all or part of the products included therein to a auction or approved establishment other than the port or place of landing.

2. The operator of the auction or approved establishment of the port or place where the products have been landed shall complete and deliver the transport document to the carrier. In the case of situations referred to in Article 3.2, the autonomous communities may authorise the carriage of the transport document by the carrier.

3. As set out in Article 11 (1) (a), the carrier shall provide or be able to demonstrate that the transport document has been electronically transmitted to the approved auction or establishment of destination.

4. Each transport document shall have a unique identification code, and shall contain at least the following fields, as well as those which may be determined by the autonomous communities, without prejudice to the provisions of Law 20/2013, 9 December:

a) Batch number.

(b) The trade name, scientific name and code of the Alfa-3 FAO of each species.

c) Capture date.

d) Relevant geographical area or capture zone as appropriate.

e) Identification of the production unit. In the case of fishing vessels of 10 metres or more, the tidal code of the fishing logbook shall also be indicated.

f) The name, port code and landing date or place and date of the download.

g) Identification of the consignee or consignees, indicating name, address and the corresponding tax identification numbers. The name of the vessel owner or the master of the fishing vessel shall be entered in any case where appropriate.

h) Method of production.

(i) Mode of presentation as set out in Annex I to Regulation (EC) No 404/2011 of 8 April 2011.

(j) The quantities of each species, determining the net weight in kilograms or the number of copies per kilogram as appropriate, without prejudice to the derogations to be established pursuant to Article 61 of Regulation (EC) No 1224/2009, dated November 20.

k) In the case of species subject to common marketing standards, their size and freshness or other information in force shall be expressed.

l) Place and the load date.

m) In the case of products stored by means of a collection declaration, when the first sale is produced in an approved auction or establishment other than the one of origin, the reference to the declaration of collection.

n) Art of fishing, as set out in Annex III to Regulation (EU) No 1379/2013 of 11 December 2013.

n) Name and address of the place of destination of the consignment or shipments and the identification of the transport vehicle, with the expression of registration.

5. A transport document shall not be required if the products are transported within a port area provided that the ownership of the lots is accredited.

6. The first sale of Community products as referred to in paragraphs 1 and 3 shall be prohibited for the purposes of access by land to the auction or approved establishments if they are not accompanied by the relevant transport document, be on paper or transmitted electronically.

7. The manufacture of a transport document for the products referred to in Article 5 (1) (d) shall not be necessary, where the document is carried out by sea in sealed-off fridges, on the scales or landings to which it is carry out in transit to the port of destination, without prejudice to the customs formalities to which they are required to submit.

Article 11. Documentation necessary for the transport of fishery products.

1. During the transport of the fishery products, the first sale or not, must be accompanied by the following documentation:

(a) In the case of fishery products which are to be completed by a sales note and which have not been sold, the carrier must have in a paper format or be able to prove that they have been transmitted electronically, the documents in accordance with Articles 9 and 10, as appropriate, without prejudice to Article 61 of Regulation (EC) No 1224/2009 of 20 November 2009 on the weighing of fishery products after transport from the place of disembarkation. In the case of fishery products to be completed by a traceability document, the provisions of Article 8.4 shall apply.

(b) In the case of fishery products for which the first sale has been made or come from an import, the carrier must be in a paper format or be able to prove that it has been transmitted electronically, albaran, invoice or other document with similar information, containing at least the following information, without prejudice to the provisions of Law 20/2013 of 9 December:

1. The species ' trade name and its scientific name.

2. Production Method.

3. Capture or breeding zone.

4. Art of fishing in the case of extractive fishing.

5. Number Batch Number.

6. º Quantities of each species, indicating the net weight in kilograms or number of specimens per kilogram, as applicable.

2. The documentation referred to in paragraph 1 shall be complementary to the required documentation, where appropriate, for the carriage of goods by road.

Article 12. Transmission of the information.

1. In the case of products to be sold, the auction dealer or establishment authorized by the autonomous community shall be responsible for completing and communicating the sales notes, and, where appropriate, statements of collection and transport documents and their presentation to the competent authority.

2. The sales notes, transport documents and statements of collection shall be sent electronically so that the information is held by the Autonomous Communities and the General Secretariat for Fisheries within 24 hours of the date of to occur.

3. In the case of the first sale in a third country, as provided for in Article 62.5 of Regulation (EC) No 1224/2009 of 20 November 2009, the master of the fishing vessel or his representative shall, through the the information technology application set out in the first provision, the sales note corresponding to the fields laid down in Article 7.1, within a maximum period of 48 hours. In turn, the General Secretariat of Fisheries shall forward the information to the Autonomous Community where the vessel has its base port, within 24 hours of receipt.

4. The competent bodies of the autonomous communities shall make the data available by means of the referral to the General Secretariat for Fisheries in the first half of each month of the regularisations of the data obtained from the first sales, for the collection or, where appropriate, of the transport documents to be carried out in the Autonomous Community of the previous month, without prejudice to the specific changes which the autonomous communities may make later in the case of detection an incident.

5. In the case of fishery products set out in Article 5.1.c) which must be completed by a traceability document, operators shall send to the competent authority of their autonomous community a monthly summary showing the volume of sales expressed in kilograms and the average price per kilogram for each of the species put up for sale. The referral will take place in the first half of the month following the sales operations and the autonomous communities, which will officiate the data and send them to the General Secretariat for Fisheries in the second half of the month. month.

Article 13. Sanctioning regime.

The breach of the provisions of this royal decree will be sanctioned in accordance with the provisions of Title V of Law 3/2001 of 26 March, and Title V of Law 12/2013 of 2 August, without prejudice to the application of the rules laid down by the Autonomous Communities in the exercise of their powers.

Additional disposition first. Administrative coordination.

The Ministry of Agriculture, Food and Environment will make available to all public administrations, auctions and approved establishments, and operators, a computer system in the matter of sales notes, traceability documents, collection declarations and transport documents, which allow their use in a joint manner in compliance with the provisions of Article 12.

Additional provision second. Confidentiality.

The competent public administrations in each case shall take the necessary measures to protect the data received under this royal decree of accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorized consultation, as provided for in Organic Law 15/1999 of 13 December on the Protection of Personal Data. They shall keep the information for at least a period of three years and shall be restricted for use only for official purposes.

Additional provision third. Specific documentation.

For all species for which the obligation to be accompanied by a specific documentation in application of its sectoral legislation has been established, it shall be available in conjunction with that established in this real a decree, at the request of the competent authorities.

Additional provision fourth. Documentary control and traceability of the transport of fishery products.

The competent bodies of the General Administration of the State and the Autonomous Communities shall establish the appropriate collaboration mechanisms in order to ensure documentary control and traceability in the transport sector. of fishery products.

Additional provision fifth. Information on registered auctions, approved establishments and registered buyers.

The General Secretariat of Fisheries will publish annually on the website of the Ministry of Agriculture, Food and the Environment, a list of the auctions and approved establishments, as well as the registered buyers for operate in Spain. The Autonomous Communities shall transmit this information to the General Secretariat for Fisheries within the first quarter of each year.

Additional provision sixth. Resolution of trade names.

Species shall always be identified with the trade name, scientific name and the code of the Alfa3 FAO established in the resolution of the General Secretariat of Fisheries for which the list of designations is published commercial fish and aquaculture species admitted in Spain.

Additional provision seventh. Mutual recognition.

Retains its validity the principle of mutual recognition to products legitimately manufactured or marketed in other countries of the European Union, in the countries that are signatories to the Agreement on the European Economic Area and in States which have a Customs Association Agreement with the European Union, in accordance with their own rules and accompanied by the corresponding supporting documentation, prior to their placing on the Spanish market.

Single transient arrangement. Adaptation of the auction and approved establishments.

The auctions and establishments authorized to carry out the first sale of the fishery products, will have twelve months to adapt to the provisions of the present royal decree from the moment of its entry into force.

Single repeal provision. Regulatory repeal.

As many rules of equal or lower rank are repealed, they oppose the provisions of this royal decree, and specifically the following:

1. Royal Decree 1822/2009 of 27 November 2009 regulating the first sale of fishery products.

2. Royal Decree 121/2004 of 23 January 2004 on the identification of live, fresh, chilled or cooked fishery, aquaculture and shellfish products.

3. Royal Decree 1380/2002 of 20 December on the identification of frozen and deep-frozen fishery, aquaculture and shellfish products.

4. Decree 307/1960, of 25 February, for which the charge entitled 'Canon on the export of fresh fish to the interior' is hereby validated.

5. Decree 310/1960 of 25 February, for which the charge entitled 'Concession of licences and permits for fishing for angula' is valid.

6. Decree 312/1960, of 25 February, for which the rate called "Picking of algae and dry argazos" is validated.

7. Decree 294/1978 of 6 February, which includes the hake, hake and fishmonger frozen in the special surveillance price regime.

8. Order of 25 November 1964, which provides that the transport of frozen fish deposited by Spanish vessels in the fridges of Cape Town is carried on national vessels, except for special cases.

9. Order of 15 June 1965 regulating the collection of algae on the coast of the Province of Sahara.

10. Order of 12 September 1967 on regulations for the collection of argazos and cutting of algae in the background.

11. Order of 24 September 1969 on rules to ensure the quality of frozen hake.

12. Order of 20 June 1972 on regulations for the collection, industrial exploitation and marketing of background algae and argazos.

13. Order of 30 April 1973 authorising the marketing of an industrial and non-industrializable background algae.

14. Order of 15 April 1974 authorising the collection of algae in the background of the genus Gelidium.

15. Order of 17 June 1975, for which the "Gelidium" genus algae short campaign is regulated and conditions are set.

16. Order of 31 May 1976, for which the "Gelidium" genus algal campaign is regulated.

17. Order of 18 April 1977, for which the "Gelidium" genus algal campaign is regulated.

18. Order of 17 May 1978, for which the "Gelidium" algal-letter campaign for the year 1978 is regulated.

19. Order of 7 June 1979 on the regulation of the "Gelidium" and "laminaire" algae campaign for the year 1979.

20. Order of 25 March 1980 on rules for the fishing of the angula.

21. Order of 15 April 1980 on the fixing of maximum prices for frozen fish at different marketing levels.

22. Order of 6 May 1980 regulating the "Gelidium" genus short-sea campaign for the year 1980.

23. Order of June 30, 1981 on the "Gelidium" and the "Liquén" genus "Liquén" genus algae short campaign for 1981.

24. Order of 14 April 1982 for the regulation of the algae short season for 1982.

25. Order of 6 December 1982 on the extraction of algae from the genus "Liquén".

26. Order PRE/634/2004 of 5 March establishing the Commission for Commercial Denominations of Fishery Species in Spain.

27. Circular number 8/1955 of 28 September laying down rules on fresh, frozen, preserved fish, salted fish, cod and derived products.

28. Circular 7/1967 of 4 December of the Commissioner-General for Disasters and Transport, for which maximum prices are indicated for wholesale and maximum commercial margins for the sale to the public of hake and fish frozen.

29. Resolution of the Directorate-General for Food Trade of 15 July 1974 on maximum commercial margins for the wholesale and public sale of hake and frozen fish.

30. Resolution of 31 May 1976 on the re-establishing of the commercial margin of wholesaler for frozen fish.

Final disposition first. Amendment of Royal Decree 114/2013 of 15 February establishing and regulating the national register of serious infringements of the common fisheries policy, laying down detailed rules for the application of the points system and updating the amounts of the penalties provided for in Law 3/2001 of 26 March on the Maritime Fisheries of the State.

Royal Decree 114/2013 of 15 February establishing and regulating the national register of serious infringements of the common fisheries policy, laying down detailed rules for the application of the points system and updating the amounts of the penalties provided for in Law 3/2001 of 26 March 2001 on the Maritime Fisheries of the State, is amended as follows:

One. Article 6 (1) is worded as follows:

" 1. The conduct set out in Annex XXX to Commission Regulation (EU) No 404/2011 of 8 April 2011, which are classified in Articles 100, 101, 103 and 104 of Law 3/2001 of 26 March 2011 or in the corresponding autonomous rules, the allocation of points shall be set aside where this is determined in the sanction resolution, in the light of the seriousness of the infringement, which shall be appreciated taking into account the provisions of Article 90 of Regulation (EC) No 1224/2009; Council Decision of 20 November 2009 and Articles 3 and 42 of Regulation (EC) No 1005/2008 of 29 September 2008  2008. "

Two. Article 7 (1) shall be read as

:

" 1. In accordance with Article 112 of Law 3/2001 of 26 March, the body responsible for the imposition of sanctions will assign in the corresponding penalty resolution the number of points per commission of serious infringements to the holder of the fishing licence of the fishing vessel concerned, in accordance with Article 6 of this royal decree. '

Three. Article 8 (2) is worded as follows:

" 2. In accordance with Article 112 of Law 3/2001 of 26 March, the body responsible for the imposition of sanctions will assign in the corresponding penalty resolution the number of points per commission of serious infringements to the master or master of the fishing vessel concerned. '

Four. Paragraph (c) 1.7 of the Annex is worded as follows:

" 7. Date of limitation of the penalty, in accordance with the provisions of Article 93.2 of Law 3/2001, of March 26. "

Final disposition second. Competence title.

This royal decree is issued under Article 149.1.19. of the Constitution, which gives the State exclusive competence in the management of the fisheries sector.

As far as traceability and control are concerned, it is jointly issued under Article 149.1.13 of the Constitution, which attributes to the state the basis and coordination of the overall planning of economic activity.

In relation to fishery products from third countries, the royal decree is issued under Article 149.1.10. of the Constitution, which attributes exclusive competence to the State in matters of foreign trade.

The first provision is made under the jurisdiction referred to in the final provision of Royal Decree 114/2013 of 15 February.

Final disposition third. Faculty of development.

The Minister of Agriculture, Food and the Environment is empowered to dictate, in the field of his powers, how many provisions are necessary for the development and implementation of what is established in this royal decree.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 29 May 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA