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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6939

Regulation (EU) No. 1380 / 2013, the European Parliament and of the Council of 11 December 2013 on the common fisheries policy, whereby the amending regulations (EC) No. 1954 / 2003 and (EC) No. 1224 / 2009 of the Council, and repealing Regulations (EC) No. 2371 / 2002 and (EC) No. 639/2004 of the Council and Council Decision 2004/585/EC It is based on the sustainable exploitation of resources.

He frame legal formed by the Regulation (EU) No. 1379 / 2013 of the Parliament European and of the Council, of 11 of December of 2013 by which is sets it organization common of markets in the sector of them products of the fishing and of the aquaculture, is modify them regulations (CE) No. 1184 / 2006 and (EC) No. 1224 / 2009 of the Council and is repeals the Regulation (CE) No. 104 / 2000 of the Council , Regulation (EC) No. 1005 / 2008, of the Council of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending regulations (EEC) No. 2847/93, (EC) No. 1936 / 2001 and (EC) No. 601/2004, and repealing Regulations (EC) No. 1093/94 and (EC) No. 1447 / 1999 and by Regulation (EC) No. 1224 / 2009 of the Council of 20 November of 2009, by which is sets a regime community of control to ensure the compliance of them standards of the political fishing common, is modify them regulations (CE) No. 847 / 96, (EC) No. 2371 / 2002, (CE) No. 811 / 2004, (CE) No. 768 / 2005, (CE) No. 2115 / 2005, (CE) No. 2166 / 2005, (CE) No. 388 / 2006, (CE) No. 509 / 2007, (CE) No. 676 / 2007 , (EC) No. 1098 / 2007, (EC) No. 1300 / 2008 and (EC) No. 1342 / 2008 and repealing Regulations (EEC) No. 2847/93, (EC) No. 1627/94 and (EC) No. 1966 / 2006, are the pillars on which rests the common fisheries policy to achieve their goals.

It is necessary to also take into consideration the regulation contained in law 12/2013, August 2, measures to improve the functioning of the food chain, which introduces innovations that affect the scope of fisheries marketing. Among its purposes is collected to improve the traceability of the food chain, the formalization of the food contracts and electronic auctions, which may have application in the first sale of all fishery products, as well as its sanctioning regime.

On the other hand, applies the law 20/2013, 9 December, guarantee of the market unit, which establishes a regulatory framework for clear and transparent to ensure free competition and the competitiveness of the fisheries sector, so that products can move freely throughout the country, being only enforceable requirements applied in the autonomous community where the first sale takes place.

By this Royal Decree regulates comprehensively the first marketing of fishery products all either marine or inland waters, coming from the professional activity, laying the groundwork for the fishing traceability system. In the case of fishery products from third countries shall be carried out its first sale at the time of entry into the national territory, whose traceability and control is guaranteed by the certificate of capture arising from Regulation (EC) No. 1005 / 2008 of 29 September 2008, or other customs documents, containing, for the purposes of information to the consumer , information equivalent to the provisions in article 35 of Regulation (EU) No. 1379 / 2013, 11 December.

Similarly, this Royal Decree shall not apply in respect of first sale for canned products and other products included in headings 1604 and 1605 of the combined nomenclature established by Regulation (EC) No. 2658/87, of the Council of 23 July 1987 on the tariff and statistical nomenclature and on the common customs tariff , to the be the product already sold in fish market or proceed of an import, without prejudice to other normative community or national that les affect.

Also, regulates the exchange of information between administrations and operators in the field of foreign trade. The necessary documentation for the further transport to entry into Community territory, guaranteeing the traceability of fishery products, as well as the communication of the Spanish vessels in third-country sales notes should there be.

Article 59 of Regulation (EC) No. 1224 / 2009, November 20, 2009, establishes that the first sale of the fishery products must be made in a wedge or an authorized purchaser or producer organisation. These possibilities that offers the regulation, is circumscribe in Spain to them slices u others establishments authorized by them communities autonomous, will be them unique entities empowered to register it first sale of all them products fishing, as well as the filling of the rest of them documents instituted in the present real Decree, without prejudice of the exceptions established in the article 5.3.

On the one hand, article 58 of Regulation (EC) No. 1224 / 2009, November 20, 2009, establishes that all lots of fishery and aquaculture products must be traceable at all stages of the chain of production, processing and distribution, from capture or harvest up to the stage of sale to the retail, including the inland waters fishery products euryhaline species, aquaculture, shellfish, algae and argazos and products of sea-fishing. The traceability is the instrument that goes to do get it information mandatory to the consumer, collected in the article 35 of the Regulation (EU) No. 1379 / 2013, of 11 of December of 2013, as well as other information that with character voluntary may expand the retailer for a best information to the consumer end, that improve its criterion of choice.

Moreover, the article 64 of the Regulation (CE) No. 1224 / 2009, of 20 of November, sets the content minimum of the notice of sale. Con_el_fin_de reduce the amount of documents to draw up by operators, traceability and Bill of sale information will be collected exclusively in the Bill of sale, which will contain all the necessary fields for this purpose, except article 5.1 products. c) which will be collected in the traceability document and without prejudice to the exceptions of article 5(3).

From the entry into force of the Act 3/2001 of 26 March, maritime fishing from the State, the auction stopped being the only means of realization of the first sale of fishery products. However, in the practice, has followed being almost in exclusive the only medium used. The present Royal Decree States expressly the possibility of making the first sale of fishery products through the commercial formula established by mutual agreement between the parties, provided that it is done in a wedge or authorized establishment and, where appropriate, putting together a food contract, without prejudice to the exceptions referred to in article 5(3).

The responsibility of the compliance of them obligations derived of it first sale of them products fishing, is up to the owner of them same, that corresponds to them shipowners or holders of a license professional for the fishing extractive, to them holders of facilities of aquaculture in case of products of the aquaculture and for the shellfish or collection of algae and argazos to them holders of them licenses for the exercise of it activity.

It should distinguish between products from extractive fishing in any form, including shellfish, which must fill out a bill of sale, of the aquaculture products, including farms for fattening as well as algae and argazos, which will required the completion a traceability document.

According to the provisions of article 59.2 of Regulation (EC) No. 1224 / 2009 of 20 November, for those products subject to fill out a bill of sale, only those given registered buyers of high may be operations by slices or establishments approved and communicated to the autonomous communities for your registration.


This regulation is innovative. The establishment of a normative minimum to ensure traceability is inescapable and integral production and marketing, as control requires Community legislation cited above, in accordance with the competence granted to the State article 149.1.13. ª of the Constitution in terms of bases and coordination of the general planning of economic activity. In this regard, on the basis of the jurisprudence of the Constitutional Court, and as a result of the establishment of specific requirements on traceability of all fishery products in Regulation (EC) No. 1224 / 2009 of 20 November 2009, by the amendment made by Act 33/2014, on December 26, amending the law 3/2001 , 26 March, maritime State fishing, item is set, in its entirety, to the block of constitutionality the provisions of chapter V of title II of the Act 3/2001, 26 March, in terms of landing and first sale of fishery products, which are given as basic legislation for management of commercial activities, with regard to the establishment of requirements for traceability of fishery products to be marketed under cover of the qualification contained in article 149.1 of the Constitution 13th clause. It is bound to contain a common basic system of traceability of fishery products, as if they come from the extractive activity of water outside, as if they come from fishing inland, seafood or aquaculture. With respect to these products from shellfish and aquaculture, the scope of this Royal Decree, therefore, refers to the traceability and control.

The autonomous communities may regulate the acquisition of fishery products by consumers directly from the producer, for those special cases which they can be determined, always within the limits laid down in Community rules, as set out in article 5(3).

Dealers auctions and approved establishments should collect the information of fishery products, by filling in the documents set out in the present Royal Decree shall deliver to the operators or carriers, where appropriate, and without prejudice to the exceptions which have been established. To this end it is necessary to, regardless of its volume of business, require the electronic transmission of relevant information, being at the disposal of the competent authorities in their content.

(The obligation of make in lonja the first sale of them products established in the article 5.1. to) and optionally in the rest of products, must ensure the collection to them producers. For to operate as buyer registered in a lonja, them communities autonomous governed a system of warranty of guarantees or bonds, prior report of the Conference sectoral of fishing and of conformity to the law 20 / 2013, of 9 of December, of warranty of unit of market.

Equally, regulates the transport of fishery products, which should be covered by the documentation, so if you have been the first sale or not, without prejudice to specific documentation that must accompany the product in implementation of its sectoral legislation as bluefin tuna (Thunnus thynnus) or species of the genus Dissostichus and pursuant to article 8.4 for products that need to fill in a document of traceability.

The Ministry of agriculture, food and environment must ensure the electronic exchange between national and community administrations of the relevant information concerning the documents set out in the present Royal Decree, as provided for in article 58.4 from Regulation (EC) No. 1224 / 2009 of 20 November.

To this end, becomes necessary coordination between the autonomous communities and the Secretariat-General of fisheries so that the information generated by the auctions and licensed premises is in possession of all the competent authorities within a maximum of 24 hours. Therefore the General Secretary for fisheries, will make available of the autonomous communities, dealers auctions and approved establishments and other operators a common computer system.

This Royal Decree repeals not only them standards that become contrary to this new regulation, but all those that have been obsolete.

Finally, amending Royal Decree 114/2013, 15 February, which creates and regulates the national register of serious infringements to the CFP, establishing rules for the application of the points system and updates the amounts of the penalties provided for in the Act 3/2001, 26 March, maritime fishing from the State , to adapt the numbering of their articles to the modification introduced in the title V of the law 3 / 2001, of 26 of March, through law 33 / 2014, of 26 of December.

The second final provision of the law 3/2001 of 26 March, and the fourth final provision of law 12/2013, August 2, authorize the Government for 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 the Royal Decree 1337 / 1999 of 31 July, which regulates the submission of information in the field of standards and technical regulations and regulations on information society services This provision has been submitted to the European Commission and the other Member States. The autonomous communities and the fisheries sector affected been consulted in the elaboration of this Royal Decree.

In his virtue, a proposal from the Minister of agriculture, food and environment, according to the Council of State and after deliberation by the Council of Ministers at its meeting of May 29, 2015, HAVE: article 1. Object and scope of application.

1. this Royal Decree is intended to regulate the first sale of products fishing, understood as such from the extractive fisheries and inland waters, shellfish, aquaculture and seaweed production as well as collection of argazos, included in Chapter 3 and the split 12 12 21 00 or their updates, of the combined nomenclature established by Regulation (EEC) No. 2658/87 the Council, of 23 July 1987 on the tariff and statistical nomenclature and on the common customs tariff.

2. it is understood by first sale that is carried out for the first time within the territory of the community and in which documents certifying the price of fishing product, on the occasion of his landing, or any other form of entry into the national territory, without prejudice to the provisions laid down in paragraph 3 of this article.

3. for the purposes of this Royal Decree, shall be deemed made the first sale in the case of fishery products from third countries, at the time of its entry into the country by any route, having met the requirements set out in paragraphs 8 and 9 of article 4, as well as the requirements of article 11 concerning them. Also, in the event that is produce the first sale of products of vessels fishing Spanish in countries third, must communicate is the content of the transaction to the Secretariat General of fishing, according to it established in the article 12.3.

4. the provisions of this Royal Decree is understood without prejudice to the fulfilment of the applicable customs rules in his case.

Article 2. Definitions.

1 shall apply, for the purposes of this Royal Decree, the definitions contained in Regulation (EU) No. 1380 / 2013, the European Parliament and of the Council of 11 December 2013 on the common fisheries policy, whereby the amending regulations (EC) No. 1954 / 2003 and (EC) No. 1224 / 2009 of the Council, and repealing Regulations (EC) No. 2371 / 2002 and (EC) No. 639/2004 of the Council and Council Decision 2004/585/EC , in the Regulation (EU) No. 1379 / 2013 of the European Parliament and of the Council of 11 December 2013 by which establishes the common organization of the market in fisheries and aquaculture products sector, amending regulations (EC) No. 1184 / 2006 and (EC) No. 1224 / 2009 of the Council and repealing Regulation (EC) No. 104/2000 of the Council , Regulation (EC) 1224 / 2009 of 20 November 2009, by which establishes a community control system for ensuring compliance with the rules of the common fisheries policy, amending regulations (EC) No. 847/96, (EC) No. 2371 / 2002, (EC) 811/2004, (EC) No. 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 repealing Regulations (EEC) No. 2847/93, (EC) No. 1627/94 and (EC) No. 1966 / 2006 and law 3/2001, 26 March, maritime fishing in the State.

2 in addition, the following definitions shall apply: a) shellfish: extraction, with usual character and marketers end, molluscs, crustaceans, tunicates, echinoderms, and other invertebrates, marine, brackish, or continental, waters with specific and selective, arts on foot or by boat, have been planted or not.

(b) Argazos: dead torn by the direct action of the sea and algae accumulated on beaches or in the rocks of the coast.


(c) download: removal of the load of the container used to transport fishery products. However, the download first, in any amount, from a fishing vessel to land is called the landing.

(d) approved establishment: installation authorised by the autonomous communities to make the first sale of fishery products, which is not made in the fish market, and that will act as the first dispatch, can authorize, among others, ships freezers or ships factory, where appropriate.

(e) registered buyer: given operators of high slices or establishments approved and communicated to the autonomous communities for their registration, in order to be able to acquire fishery products which have obligation to make note of sale.

(f) euryhaline species: are those species able to live in an environment 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 introduction on the market. In the case of extractive fishing will be the vessel (name, registration) and for aquaculture the installation itself (the record number of livestock farms and holder). In the case of types of fishing without vessel or aquaculture facility, it will be the physical or legal person.

(h) production method: procedure for obtaining fishery products.

1st Marine Fisheries or shellfish in marine or brackish water: captured.

2nd fisheries or shellfish fishing in inland waters: captured in fresh water.

3rd aquaculture: rearing.

4th algae and argazos: collection.

Article 3. Places for the unloading or discharge.

1. the fishery products that have access to the national territory, are landed and unloaded at a port, shall carry out operation in ports designated by the competent bodies of the autonomous communities or by the General Administration of the State, depending on whether port State or regional competition, and in the springs or places designated by the port authorities.

2. in the case of fishery products that do not perform the unloading or discharge at a port, the competent administration may authorize its landing or download at places determined. For them products that should complete a note of sale, according to it established in the article 7, shall be guaranteed the weighing, and in your case, the transport to a lonja or establishment authorized, according to it willing in them articles 60 and 61 of the Regulation (CE) No. 1224 / 2009 of 20 of November of 2009.

Article 4. Provisions General.

1. producers can market their products by any method accepted in law, without it being compulsory auction, must be obliged to pass by the fish market or establishment authorized for the weighing and checking of batches, and without prejudice to the exceptions provided for in the present Royal Decree to determine the regions on the application of article 5(3).

2. the fish market or authorized establishment will act as the first consignor must complete the documents laid down in articles 7 to 10, which correspond, without prejudice to the exceptions provided for in the present Royal Decree and without prejudice to the other obligations that affect them.

3 in the event that the first sale is not effected by means of auction, covenants, contracts or any type of transaction, must be previously registered in the fish market or approved establishment and be put to the attention of the competent bodies of the autonomous communities, with the exception of products that have no obligation to make note of sale and those laid down in article 5(1). d) , and without prejudice to the obligation to carry out a contract food if met the assumptions set out in article 2.3 and chapter I of title II of the Act 12/2013, on 2 August, measures to improve the functioning of the food chain.

4. them slices or establishments authorized must publish them schedules of operation e report with advance of the order in that is shall be the first sales, any that is the location in where these is held. Shall not apply to the products listed in article 5.1. d).

5. the autonomous communities may define the realization of electronic auctions in those markets or approved establishments that have the appropriate infrastructure, as provided for in article 10 of law 12/2013, August 2.

6. in the case of fishery products which have obligation to carry out a bill of sale, it is prohibited to make second auctions or sales of lots that have been previously awarded or sold within the enclosures of the auctions or establishments approved for the exercise of the first sale, with the only exception that has been failed transaction.

7 slices or establishments authorized dealers may make sales to final consumers, provided that it framed into activity pesca-turismo or tourism, aquaculture, the completion of the note sale or document for traceability, as provided for in articles 7 and 8 being mandatory. Regions authorizing this activity, must adjust amounts and the amounts maxima of the products purchased in this mode, being prohibited the sale of live marine Bivalves, echinoderms, tunicates and gastropods molluscs.

8. the importers of fishery products from third countries must be in a position to transmit the information of traceability established in article 58 of Regulation (EC) 1224 / 2009, November 20, 2009, with data derived from the commercial invoice of importer or other customs documentation or the catch certificate, as appropriate. In their case, they can use the computer application established in the first additional provision of this Royal Decree.

9. the ministries of agriculture, food and environment, finance and public administration, and economy and competitiveness will establish the necessary coordination mechanisms so that trade in fishery products and foreign trade data are at the disposal of the Secretary General of fishing and of the autonomous communities, with full respect for the specific regulations regarding the data of nature tax and customs.

10. in the case of Community fishery products to be placed first on sale in Spain, come accompanied by the transport document, it must be translated at least into Spanish, without prejudice to the translation into the corresponding co-official language which the autonomous communities may determine.

Article 5. Terms of first sale.

1 modalities for first sale of fishery products shall be as follows: to) live, fresh and chilled the extractive fisheries products: the first sale is made through slices of ports.

(b) products of the seafood and products from of water inland. The first sale will carry out in slices or establishments approved by the autonomous communities, are located in the port area or not.

(c) aquaculture products, including farms for fattening and production of algae and argazos collection. The first sale of these products may be carried out in slices of the ports, in own production facilities or other establishments that are approved by the autonomous communities.

((d) products of the extractive fisheries stabilized on board or on land: the first sale of stabilized the extractive fisheries products on board or on land in any of the forms referred to in article 30.d) Regulation (EU) No. 1379 / 2013, December 11, 2013 will be held in slices or establishments approved by the autonomous communities.

2. for the purposes of the provisions of the preceding paragraph, in the following cases, first sale may not be fish market and will take place in establishments approved by the autonomous communities.

(a) when the first sale is carried out in the island Territories that do not have fresh fish.

(b) in the case of the capture euryhaline species, especially the eel (Anguilla anguilla) and lamprey (Petromyzon marinus).

3. in specific cases determined by the autonomous communities, may define, prior report of the Ministry of agriculture, food and the environment, the acquisition of small quantities of fishery products by consumers, in application of articles 58.8, 59.3 and 65.2 of Regulation (EC) 1224 / 2009 of 20 November 2009.

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

(1. slices and approved establishments and its dealers, to carry out the sale of fishery products which have obligation to carry out a bill of sale according to article 7, any that is your turnover, shall meet at least the following requirements: to) have sufficient and adequate computer equipment for obtaining and electronic transmission, to the competent administration and operators the information established in the present Royal Decree.


(b) dispose of weighing systems checked and approved by the competent authority, being responsible for the accuracy of the weighing and without prejudice to the responsibility of the owner to carry out the same and current sampling plans. This weighing is used for the preparation of the statement of landing, can determine is in that time the number of lot. Also, the weigh-in is used to determine the document of transportation, the statement of collection and note corresponding sale, without prejudice to the tolerance margins that apply.

c) shall comply with the provisions of article 15 of Regulation (EU) No. 1380 / 2013, December 11 or other regulations affecting them, in the control of the minimum size of reference of conservation of species offered for sale. In addition, in the case of products subject to the common marketing standards, only they may be on sale if they comply with those standards.

((d) shall communicate the high and low of buyers reported to the communities autonomous, that must develop a census, in line with it ready in the article 2.2. e). For this may use the application computer established in the available additional first of the present real Decree, without prejudice of the normative autonomic that le is of application.

(e) registered buyers, when they do not pay in cash, to access the purchase of fishery products, must be entered in the fishing market a guarantee or suretyship insurance. The autonomous communities regulate this system of guarantees, prior report of the sectoral Conference on fishing on its features, which should pay attention in any case stipulations in law 20/2013, 9 December, market unit warranty. This requirement shall not apply to establishments approved by the autonomous communities.

(f) the dealer of the lonja or establishment authorized must pay, in his case, them rates that you are of application to the owner of the ship or to the owner of the fishing that perform it first sale, included it rate port of it fishing fresh (T-4) established in the article 218 of the text consolidated of it law of ports of the State and of the Marina merchant. Also the dealer may be levied a rate for the preparation of the documents laid down in Royal Decree, as stated in each case the autonomous legislation.

2. in the case of products that need to fill in a document of traceability as provided for in article 8, the autonomous communities regulate requirements that must comply with the establishments authorized by them, taking into account the provisions of paragraph 1.

Article 7. Bill of sale.

(1. in the time of produce is the first sale of products fishing in any of the modalities of the article 5, except for them paragraphs 5.1. c) and 5.3, them slices or establishments authorized completed a note of sale, that must transmit is of form electronic.

Every bill of sale will have a code only, and must contain at least the following fields, as well as those who can determine the autonomous communities, without prejudice to provisions of law 20/2013, December 9: a) batch number.

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

(c) date of capture.

(d) area geographical relevant or area of capture according to appropriate.

(e) identification of the production unit. In the case of fishing vessels of length overall equal to or greater than 10 metres, also the tide of the logbook code shall be indicated.

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

(g) name or business name and address of the seller and the buyer, as well as the corresponding tax identification numbers. The name of the shipowner or the master of the fishing vessel must be given in any case where appropriate.

(h) production method.

(i) date and place of the sale.

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

(k) mode of presentation, according to sets the annex I of the Regulation (CE) No. 404 / 2011, of 8 of April of 2011 that sets them standards of development of the Regulation (CE) No. 1224 / 2009 of the Council, by which is sets a regime community of control to ensure the compliance of the standards of it political fishing common.

(l) art of fishing, according to annex III to Regulation (EU) No. 1379 / 2013 December 11, 2013.

(m) in the case of species subject to common marketing standards, it must be expressed their caliber and freshness, or other information that is in force.

(n) in the case of products that go to be stored by organizations of producers fishery in application of the article 30 of the Regulation (EU) No. 1379 / 2013, of 11 of December, is will indicate this circumstance and the place of storage.

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

(o) reference to the food contract or other previous pacts in the case of contractual transactions.

(p) if any, shall show the reference to the document of transport or collection declaration. In the case of Community products caught in extra-EU waters, must indicate the reference to the T2M document customs.

2. price, expressed in euros, appearing on the Bill of sale should match the retail price that will be recorded in the corresponding invoice, not including taxes. Must be entered is the currency in the case of sales in third countries.

Article 8. Document traceability.

1 for fishery products laid down in article 5.1. c), the concessionaire of the fish market or approved establishment, at the time of first sale, shall provide a document for traceability of each batch, which shall transmit electronically to the next operator.

2 the traceability document shall contain at least the following fields, as well as those who can determine the autonomous communities, without prejudice to provisions of law 20/2013, December 9: a) batch number.

(b) the denomination commercial, the name scientific and the code Alpha-3 FAO of each species.

(c) date of production or collection.

(d) area of breeding or collection of the product, according to the established in the article 38 of the Regulation (EU) No. 1379 / 2013, of 11 of December. In the case of algae and argazos, the autonomous region shows.

(e) identification of the production unit.

(f) name or business name and address of the seller and the buyer, as well as the corresponding tax identification numbers.

(g) production method.

(h) place and date of sale.

(i) the quantities of each species sold, determining the net weight in kg or number of copies per kilogram as appropriate.

j) display mode, according to the annex I of Regulation (EC) No. 404/2011, April 8, 2011.

(k) reference to the food contract or other previous pacts in the case of contractual transactions.

3. the information contained in the document of traceability must be available to the relevant public administrations, without prejudice to the provisions of article 12. For this them establishments authorized or the slices in your case must use the application computer established in it available additional first of the present real Decree.

4. is authorizes the journey of them lots between the time of the harvest or collection and its transport to the first establishment authorized to perform it sale, whenever is accredited the traceability of them same.

Article 9. Declaration of collecting.

(1. when them products fishing that should complete a note of sale are intended to be stored in live or stabilized of any of them ways collected in the article 30.d) of the Regulation (EU) No. 1379 / 2013, of 11 of December of 2013, for a sale further, them slices or establishments authorized, completed a statement of collection that delivered to them producers.

Each statement collection will have a code only, and must contain at least the following fields, as well as those who can determine the autonomous communities, without prejudice to provisions of law 20/2013, December 9: a) batch number.

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

(c) date of capture.

(d) relevant geographic area or capture area accordingly.

(e) identification of the production unit. In the case of fishing vessels of length overall equal to or greater than 10 metres, also the tide of the logbook code shall be indicated.

(f) the name, the port code and date of landing or place and date of discharge.

(g) name or business name and address of the seller, as well as your tax ID number. The name of the shipowner or the master of the fishing vessel must be given in any case.

(h) production method.

(i) the input and output of the collection presentation mode, according to the annex I of Regulation (EC) No. 404/2011, April 8, 2011.

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

(k) in the case of species subject to common marketing standards, it must be expressed their caliber and freshness, or other information that is in force.


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

(m) art of fishing, according to annex III to Regulation (EU) No. 1379 / 2013 December 11, 2013.

(n) in his case, the reference of the document of transport or to the document T2M customs.

n) where the storage occurs outside the port facilities, the transport vehicle in every way, with expression of the tuition, and the carrier have possession of a copy of the statement of collection will be identified. Also, this document shall be valid for the return to the market of origin to make the first sale.

2. not will be necessary completed, to its entry in the lonja or establishment authorized, a statement of collected, for market is in the sale scheduled immediately rear, whenever is accredited the property of them lots.

(3. in the event that the destination of the product is its stabilization in the place of storage by freezing, salting, pickled, marinated, cooking u others media, or come stabilized aboard of the ship, the owner must keep the statement of collected until is produce the first sale as product fishing framed in the article 5.1. d).

Article 10. Document de transport.

1. the fishery products for which is mandatory completing a bill of sale and which are transported to a wedge or authorized establishment other than the port or place of landing for the first sale, will be accompanied by a transport document. Is must fill in them cases in that not is has effected the first sale or in the case that is has completed a statement collected and is intends to transport it all or part of them products included in the same to a lonja or establishment authorized different of the port or place of landing.

2. the concessionaire of the fish market or authorized establishment of the port or place where the products, you have landed shall complete and deliver to the carrier the transport document. In the case of them situations provided for in the article 3.2, them communities autonomous may authorize the clothing from the carrier of the document of transport.

3 pursuant to article 11.1. to), the carrier shall deliver or be able to demonstrate that it has been electronically transmitted the transport document to the fish market or authorized establishment of destination.

4 each transport document will have a code only, and must contain at least the following fields, as well as those who can determine the autonomous communities, without prejudice to provisions of law 20/2013, December 9: a) batch number.

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

(c) date of capture.

(d) relevant geographic area or capture area accordingly.

(e) identification of the production unit. In the case of fishing vessels of length overall equal to or greater than 10 metres, also the tide of the logbook code shall be indicated.

(f) the name, the port code and date of landing or place and date of discharge.

(g) identification of the consignee or consignees, indicating name, address and the corresponding tax identification numbers. The name of the shipowner or the master of the fishing vessel must be given in any case where appropriate.

(h) method of production.

(i) display mode, according to the annex I of Regulation (EC) No. 404/2011, April 8, 2011.

(j) the quantities of each species, determining the net weight in kg or number of copies per kilogram as appropriate, without prejudice to the exceptions to be established under article 61 of Regulation (EC) No. 1224 / 2009 of 20 November.

(k) in the case of species subject to common marketing standards, it must be expressed their caliber and freshness, or other information that is in force.

(l) place and the date of loading.

(m) in the case of products stored by means of a statement of collection, when the first sale in a fish market or different from the original approved establishment, must indicate the reference to the Declaration of collection.

(n) art of fishing, according to collect the annex III of the Regulation (EU) No. 1379 / 2013 of 11 of December of 2013.

(n) name and address of the place of destination of the shipment or shipments and the identification of the vehicle of transport, with expression of the registration.

5 it will be necessary to submit a transport document if the products are transported within a port area provided that the ownership of the lots is accredited.

6. is forbidden to make the first sale of the products of the community as referred to in paragraphs 1 and 3 that access by land to slices or approved establishments if not accompanied by the relevant transport document, whether in paper or transmitted electronically.

(7. not necessary to the preparation of a transport document for the products listed in article 5.1. d), when the same is done by sea in sealed refrigerated containers, those scales or landings to be carried out in transit to the port of destination, without prejudice to the customs formalities which need to undergo.

Article 11. Documentation for the transport of fishery products.

1 during the transport of fishery products, the first sale has occurred or not, must be accompanied by the following documentation: a) in the case of fishery products which need to fill out a bill of sale and which have not been sold, the carrier must own in paper format or be able to demonstrate that the documents laid down in articles 9 and 10 have been transmitted electronically, , as appropriate, without prejudice to the provisions of article 61 of Regulation (EC) No. 1224 / 2009 of 20 November 2009 concerning the weighing of the fishery products after transport from the place of landing. In the case of fishery products to be completed a traceability document, it will be under article 8.4.

(b) in the case of the fishery to which products the first sale has taken place or come from an import, the carrier must own in paper format or be able to demonstrate that it has been transmitted electronically, a packing slip, invoice, or other document with similar information, containing at least the following information, without prejudice to the provisions of the law 20/2013 , 9 December: 1 trade description of the species and its scientific name.

2. method of production.

3rd area capture or breeding.

4th art of fishing in the case of extractive fishing.

5th batch number.

6 amounts of each species, indicating the weight NET in kg or number of copies by kg, according to proceed.

2. the documentation referred to in paragraph 1 shall be complementary to the enforceable mandatory documentation, where appropriate, to carry out transport of goods by road.

Article 12. Transmission of the information.

1. in the case of products to be carried out note sales, the concessionaire of the fish market or establishment authorized by the autonomous community is responsible for complete and communicate the notes sold, and where appropriate, statements of collection and transportation, and their submission to the competent administration documents.

2. the sale, transport documents and statements of collection notes will be sent, electronically, so that the information is held by the autonomous communities and the fisheries General Secretariat within a period of twenty-four hours since it occurs.

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 November 20, 2009, the master of the fishing vessel or his representative completed, through the computer application established in the first additional provision, the note of corresponding sale with established fields derived from article 7(1) , within a maximum period of 48 hours. At the same time, the Secretariat-General of fisheries moved information to the autonomous community where the ship has established its port based within 24 hours of its receipt.

4. them organs competent of them communities autonomous formalize them data through it remission to the Secretariat General of fishing, in the first fortnight of each month, of them regularizations of them data obtained of them first sales, statements of collected or, in its case, of them documents of transport that is made in your community autonomous the month previous, without prejudice of them modifications point that them communities autonomous can make with after for detect is any incidence.

5 in the case of fishery products laid down in article 5.1. c) that they have to fill in a document of traceability, operators must submit to the competent body of the autonomous community, a monthly summary where reflect sales volume expressed in kilograms and the average price per kilogram for each of the species offered for sale. The referral will take place in the first half of the month following that relate the sales operations and the autonomous communities, which they formalize data and forward them to the General Secretariat for fisheries in the second half of that month.

Article 13. Sanctioning regime.


Failure to comply with the provisions of this Royal Decree shall be punished in accordance with the provisions of title V of the Act 3/2001, of March 26, and title V of the Act 12/2013, August 2, without prejudice to the application of the norms established by the autonomous communities in the exercise of its powers.

First additional provision. Administrative coordination.

The Ministry of agriculture, food and environment shall make available all public administrations, slices and approved establishments, and operators, a computer system in the field of notes for sale, traceability documents, statements of collection and transport documents, permitting their use jointly in accordance with the provisions of article 12.

Second additional provision. Confidentiality.

Them administrations public competent in each case shall take them measures necessary to protect them data received under this real Decree of the destruction accidental or illicit, the loss accidental, the deterioration, the distribution or the consultation not authorized, according to it willing in it law organic 15 / 1999, of 13 of December, of protection of data of character Personal. Must save the information during at least one period of three years and is will restrict its use only to end official.

Third additional provision. Specific documentation.

For all them species for which is has established the obligation of go accompanied of a documentation specific in application of its normative sectoral, this should be available along with the established in this real Decree, to request of them authorities competent.

Fourth additional provision. Documentary control and traceability of the transport of fishery products.

Them organs competent of the Administration General of the State and of the communities autonomous established them mechanisms of collaboration relevant to ensure the control documentary and of the traceability in the transport of them products fishing.

Fifth additional provision. Information about auctions, approved establishments and registered buyers.

The Secretariat-General of fisheries shall publish annually in the web page of the Ministry of agriculture, food and environment, a relation of the auctions and approved establishments, as well as registered buyers to operate in Spain. The autonomous communities shall transmit this information to the General Secretariat of fisheries within the first quarter of each year.

Provision additional sixth. Resolution of trade names.

The species must always be identified with the trade name, the scientific name and code Alpha-3 FAO established in the resolution of the General Secretariat for fisheries why publication of the list of trade names of fish species and supported aquaculture in Spain.

Provision additional seventh. Recognition mutual.

Retains its validity the principle of mutual recognition of extensive products lawfully manufactured or marketed in other countries of the European Union, in the signatory countries of the agreement on the European economic area and in the States that have an association customs agreement with the European Union, in accordance with its own regulations and accompanied by the relevant supporting documentation prior to its implementation in the Spanish market.

Sole transitional provision. Adaptation of the fish markets and establishments authorized.

The auctions and establishments authorized to exercise the first sale of fishery products, will have twelve months to adapt to the provisions of this Royal Decree from the moment of its entry into force.

Sole repeal provision. Repeal legislation.

They are hereby repealed many normas of equal or lower rank to oppose provisions in this Royal Decree, and specifically the following: 1. Royal Decree 1822 / 2009 of 27 November, which regulates the first sale of fishery products.

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

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

4. Decree 307/1960, of 25 February, whereby it validates levy called «Canyon on the export of fresh fish inside».

5. Decree 310 / 1960, of 25 of February, by which is validates the levy called «granting of licenses and permissions for the fishing of eels».

6. Decree 312/1960, of 25 February, whereby it validates rate called «Collection of seaweed and dried argazos».

7. Decree 294/1978, February 6, by which includes hake, frozen in the pricing of special surveillance regime merlucilla and whiting.

8. order of 25 November 1964 which provides that the transport of frozen fish deposited by Spanish ships in the refrigerators of Cape Town transport also national vessels, except in special cases.

9. order of 15 June 1965 which regulates collection exploitation of algae on the coast of the province of Sahara.

10. order of 12 September 1967 on rules for the collection of argazos and cutting of seaweed in the background.

11. order of 24 September 1969 on standards to ensure the quality of the frozen hake.

12. order of 20 June 1972 on regulation for collection, industrial exploitation and commercialization of algae of Fund and argazos.

13 order of April 30, 1973, by which authorises algae of industrializable Fund industrializable not campaign.

14 order of 15 April 1974, authorizes the collection of algae of the genus «Gelidium» Fund.

15 order of June 17, 1975, by which regulates campaign short of algae of the genus «Gelidium» and conditions are set.

16 order of 31 May 1976, by which regulates the algae of the genus «Gelidium» short campaign.

17. order of April 18, 1977, by which regulates campaign short of algae of the genus «Gelidium».

18. order of 17 of mayo of 1978, by which is regulates the campaign of letter of algae of the genus «Gelidium» for the year 1978.

19. order of 7 of June of 1979 about regulation of the campaign of algae of the genres «Gelidium» and «laminaria» for the year 1979.

20 order of 25 March 1980 on standards for the elver fishing.

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

22. order of 6 May 1980 which regulates campaign short of algae of the genus «Gelidium» for the year 1980.

23. order of 30 June 1981 on campaign short of algae of the genus «Gelidium» and argazos «Lichen» gender for 1981 collection.

24 order of regulation of algae harvesting campaign on April 14, 1982 in 1982.

25. order of 6 of December of 1982 on removal of algae of the genus «lichen».

26. order PRE/634/2004, of 5 March, that creates the trade names of species fisheries Commission in Spain.

27 circular number 8/1955, 28 September, which rules on fresh fish, frozen, canned, salted, cod and derivative products.

28. circular 7 / 1967, of 4 of December, of the curates General of supplies and transport, by which is designated prices maximum for the sale to the by greater and margins commercial maximum for the sale to the public of the hake and whiting frozen.

29. resolution of the direction General of trade food, of 15 of July of 1974, on margins commercial maximum for the sale to the by greater and to the public of the hake and whiting frozen.

30. resolution of 31 of mayo of 1976, by which is restored the margin trade of wholesalers for the fish frozen.

First final provision. Modification of the Real Decree 114/2013, of 15 February, which creates and regulates the national register of serious infringements to the CFP, establishing rules for the application of the points system and updates the amounts of the penalties provided for in the Act 3/2001, 26 March, maritime fishing from the State.

The Royal Decree 114/2013, 15 February, which creates and regulates the national register of serious infringements to the CFP, establishing rules for the application of the points system and updates the amounts of the penalties provided for in law 3/2001 of 26 March, maritime fishing of the State, is modified as follows : One. Paragraph 1 of article 6 is worded as follows: ' 1. the behaviors listed in annex XXX of Regulation (EU) No. 404/2011 Commission on April 8, 2011, which are classified in articles 100, 101, 103 and 104 of the law 3/2001, 26 March, or in the corresponding regional rules, shall entail the allocation of points when so determined in the resolution sanctioning» «, depending on the gravity of the infringement, that will be appreciated taking in has it willing in the article 90 of the Regulation (CE) No. 1224 / 2009 of the Council, of 20 of November of 2009, and the articles 3 and 42 of the Regulation (CE) No. 1005 / 2008, of 29 of September of 2008.»

Two. The paragraph 1 of the article 7 is worded as follows:


«1. pursuant to article 112 of the law 3/2001, of March 26, the competent body for the imposition of sanctions will assign in the corresponding resolution sanctioning the number of points for Commission of serious offences to the holder of the fishing licence of the fishing vessel concerned, in accordance with the provisions of article 6 of this Royal Decree.»

3. Paragraph 2 of article 8 is worded as follows: ' 2. pursuant to article 112 of the law 3/2001, of March 26, the competent organ for the imposition of sanctions will be assigned in the corresponding resolution sanctioning the number of points for Commission of serious offences to the master of the fishing vessel concerned.»

Four. (The paragraph c) 1.7 of the annex is drafted as follows: «7. date of prescription of the sanction, in accordance with it willing in the article 93.2 of the law 3 / 2001, of 26 of March.»

Second final provision. Skill-related title.

This Royal Decree is issued on the basis of article 149.1.19. ª of the Constitution, which attributes to the State exclusive competence in management of the fisheries sector.

In what respect to the traceability and control, is dictates, jointly, to the amparo of the article 149.1.13. ª of the Constitution, that attributed to the State them bases and coordination of the planning general of it activity economic.

In relation to fishery products from third countries, Royal Decree is issued on the basis of article 149.1.10. ª of the Constitution, which attributes to the State the exclusive competence in the field of foreign trade.

The first final provision is run under cover of the powers referred to in the first final provision of Royal Decree 114/2013, 15 February.

Available to finish third. Faculty of development.

Is empowers to the Minister of agriculture, food and environment to dictate, in the field of their competencies, few provisions are necessary for the development and application of it established in this real Decree.

Fourth final provision. Entry in force.

He present Royal Decree will enter in force the day following to the of your publication in the «Bulletin official of the State».

Given in Madrid, on May 29, 2015.

PHILIP R.

The Minister of agriculture, food and environment, ISABEL GARCÍA TEJERINA