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Regulation (EU) 2019/473 on the European Fisheries Control Agency (EFCA’s Founding Regulation) is in force since 14 April 2019. In the interests of clarity, EFCA’s Founding Regulation of 2005 was replaced by a codified text, which incorporates the initial Founding Regulation and subsequent amendments as listed below:
- EFCA was established by Council Regulation (EC) No 768/2005 of 26 April 2005 and later amended by Council Regulation (EC) 1224/2009.
- In 2016, Regulation (EU) 2016/1626 of the European Parliament and of the Council introduced a second amendment aimed at increasing European cooperation on coast guard functions, as well as to strengthen cooperation at EU and international level between EFCA, the European Maritime Safety Agency (EMSA) and the European Border and Coast Guard Agency (Frontex).
- In 2024, new amendments have been introduced by Regulation (EU) 2023/2842 of the European Parliament and of the Council with landmark changes widening the mission and the activities of the Agency. In addition, as from 2024, EFCA’s Union inspectors have been given powers to conduct inspections in the Economic Exclusive Zone of EU Member States. Besides, as from 2024, the European Parliament may appoint one member and one alternate to the Administrative Board, without the right to vote.
The seat of EFCA is Vigo, Spain, as established in Article 27(4) of EFCA’s Founding Regulation.
Background
In the wake of the 2002 Common Fisheries Policy reform, European Union governments deemed necessary to establish the Agency in an effort to build a culture of compliance within the fisheries sector across Europe. The new permanent structure was to ensure the coordination of inspection and control activities by the Member States and to assist them to cooperate so as to comply with the rules of the Common Fisheries Policy. The European Fisheries Control Agency was the result of this need.
Relevant legal instruments
- Regulation (EU) 2023/2842 of the European Parliament and of the Council of 22 November 2023
- Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency
- Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy.
- Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy.
- Regulation (EU) 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy (CFP).
EFCA Legal Repository in the international dimension
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This week EFCA is conducting a 'training for trainers' session on Fisheries control and inspection for GFCM countries. 13 trainers from Morocco, Tunisia and Algeria are participating in the training session.
Last week (23-26/05/2017), representatives from 20 European countries with sea borders joined Frontex, the European Border and Coast Guard Agency, along with officials from the European Fisheries Control Agency (EFCA), and the European Maritime Safety Agency (EMSA) in Portugal to move forward with the cooperation on European coast guard functions.
During the three-day Coastex2017 Coast Guard exercise hosted by the Portuguese presidency of the European Coast Guard Functions Forum, vessels, helicopters, airplanes and 90 observers from European Coast Guard authorities conducted exercises to test different coast guard functions. The scenarios tested were: detection of migrants, search and rescue, medical evacuation, pollution, illegal fishing, boarding of a ferry transporting a dangerous person, seizure of drugs and arrest of the traffickers.
“I am delighted to see vessels and helicopters from Italy, Spain and Portugal as well as coast guard officers coming from Germany and observers from 20 European maritime countries taking part in this exercise,” said Berndt Koerner, Frontex Deputy Executive Director.
“Running exercises is crucial if we want to be effective at sea because it helps us test the best ways of working together in a variety of scenarios. The aim of this particular exercise, and the numerous seminars taking place behind the scenes, is to develop the best way of conducting coast guard operations together,” he added.
Coast Guard organisations differ from country to country in Europe. In some, the coast guard is mainly responsible for search and rescue, while other national authorities also cover responsibilities related to law enforcement, fisheries, maritime safety or pollution control.
Frontex has been working hand in hand with the European Maritime Safety Agency (EMSA) and the European Fisheries Control Agency (EFCA) to cover the full scope of coast guard functions that go beyond border management.
This week in EFCA's premises a group of inspectors from the Northwest Atlantic Fisheries Organization (NAFO) from the EU and Canada are participting in a workshop about conservation and enforcement measures. International cooperation strenghtens as participants discuss recent infringement cases to improve procedures.
EFCA is coordinating the control campaign for the bluefin tuna fishery (BFT) in the Mediterranean Sea for 2021 in the framework of its Joint Deployment Plan (JDP). In this context, Member States pool their control and inspection means, in order to carry out jointly control, inspection and surveillance of fishery activities both at sea and ashore.
The objective of the campaign is to ensure compliance with the international and EU rules adopted for the conservation of the bluefin tuna; special attention is given to monitor the activity of purse seiners towing vessels longliners, farms and traps.
This activity is bringing together Member States, the European Commission and EFCA, and counts on the resources of the eight Member States involved in the fishery – Croatia, Cyprus, France, Greece, Italy, Malta, Portugal, and Spain –. Inspection and surveillance at sea is carried both in EU waters and international waters and applies to EU and non-EU vessels.
The joint control, inspection and surveillance activities are coordinated using the virtual EFCA coordination center platform, with participation of experts of the member States concerned and EFCA. Overall, inspection and surveillance strategy and daily recommendations are provided on the basis of the daily data and information received by national authorities and from ICCAT, in particular VMS data (Vessel Monitoring System, a satellite-based control system) and catch information.
Background:
In line with ICCAT Recommendation 19-04[1], the purse seine fishing for bluefin tuna shall be permitted in the eastern Atlantic and the Mediterranean during the period from 26 May to 1 July. However, specific derogations are possible in some fishing areas[2].
Fish shall be caged before 22 August of each year unless the farming Contracting Parties and Cooperating non-Contracting Parties (CPC) receiving the fish provides valid reasons including force majeure, which shall accompany the caging report when submitted. In any case the fish shall not be caged after 7 September.
[1] https://www.iccat.int/en/RecRes.asp
[2] By way of derogation, the season in the eastern Mediterranean Sea (FAO fishing areas 37.3.1 Aegean; 37.3.2 Levant), may be open 15 May if a CPC requests it in its fishing plan. By way of derogation, the season in the Adriatic Sea (FAO fishing area 37.2.1) may be open from 26 May until 15 July, for fish farmed in the Adriatic Sea.
Yesterday the European Commission has adopted the recommendation establishing a ‘Practical Handbook’ on European cooperation on coast guard functions. The Handbook will be made available as an online platform operated by EFCA in close cooperation with EMSA, Frontex and the Commission and updated with Agencies’ and Member States information. It contains guidelines, recommendations and best practices for the exchange of information on coast guard functions.
The three EU agencies, EFCA, EMSA and FRONTEX, work closely together under the inter-agency cooperation framework, with the direct support of the European Commission. They provide enhanced support and assistance to the national authorities performing coast guard functions at national and EU level and, where appropriate, at international level. This handbook is a concrete achievement of the EU cooperation on coast guard functions.
The recommendation establishes the handbook as a practical guide for EU civilian and military authorities when carrying out coast guard functions, facilitating close cross-border and cross-sector collaboration among them. The handbook provides a transparent compilation of services and information available through the three agencies. It helps to create synergies and avoid duplication and/or redundancy of effort in the cooperation between Member States and the three agencies, resulting in economies of scale.
The handbook focuses on the five inter-agency cooperation areas: information sharing; surveillance and communication services; capacity building; risk analysis; and capacity sharing. The handbook is mainly limited to cross-sector subjects and covers EU Member States and European Free Trade Association (EFTA) States.
The main end users of this handbook are the national authorities for each coast guard function in each Member State, aiming to support them when planning and coordinating activities.
EFCA is leading the inter-agency cooperation areas for capacity building and risk analysis and will ensure in cooperation with EMSA and Frontex sound implementation of this important recommendation to all coast guard functions community.
European Commissioner for Environment, Oceans and Fisheries Virginijus Sinkevičiusis visited EFCA´s headquarters in Vigo and meet the new Executive Director, Dr. Susan Steele.
EFCA promotes the highest common standards for control under the Common Fisheries Policy, assisting Commissioner Sinkevičius with his mandate of contributing to the European Green Deal.
This day also marked the start of an exciting new chapter and a new voyage for the agency—the arrival of the new vessel means doubling the seagoing assets.