| Legislative： |
1.Promulgated on 16 September 2009 by the Council of
Agriculture, Executive Yuan under Order No. Nung-sou-yu-tzu
0981332494.
2.The entire text of 12 articles amended on 29 November 2013
by the Council of Agriculture, Executive Yuan under Order
No. Nung-sou-yu-tzu 1021339167B and became effective on 1
January 2014.
3.Appendix 1 of Article 2 amended on 13 July 2016 by the
Council of Agriculture, Executive Yuan under Order No.
Nung-sou-yu-tzu 1051258213A and became effective on 15 July
2016.
4.The full text of 14 articles and the original title of these
Directions, Directions for the Application and Issuing of the
European Community Catch Certificate, amended on 23 February
2018 by the Council of Agriculture, Executive Yuan under
Order No. Nung-sou-yu-tzu 1071325183A and became effective
upon promulgation.
5.Article 4 amended on 25 April 2018 by the Council of
Agriculture, Executive Yuan under Order No. Nung-sou-yu-tzu
1071326357A and became effective upon promulgation. |
| Content： |
Article 1
For the management of marine fisheries resources and in
response to the European Community Catch Certification scheme,
the Council of Agriculture, Executive Yuan (hereinafter
referred to as “this Council”) hereby establishes these
Directions so as to ensure that the direct and indirect export
to the European Union of the catch harvested by national
coastal and offshore fishing vessels and the fisheries products
processed therefrom (hereinafter referred to as “catch and
fisheries products”) meet the European Community Council
Regulations (EC) No. 1005/2008.
Article 2
In case that the export of coastal and offshore catch and
fisheries products harvested by a fishing vessel of directed
fisheries which does not hold a distant water fisheries permit
(hereinafter referred to as “coastal and offshore fishing
vessel”) requires an European Community Catch Certificate
(EUCC) pursuant to the regulations of the European Community,
an application shall be made to the Fisheries Agency of this
Council for the issuance of an EUCC in accordance with these
Directions (format and instructions as shown in Appendix 1 and
2).
Article 3
The following requirements shall be met by any coastal and
offshore fishing vessel for the application of an EUCC for its
catch and fisheries products:
(1)The vessel concerned shall pass the hygiene inspection,
which is still within the validity period, and be registered
on the list of approved fishing vessels to supply fisheries
products for the export to the European Union on the website
of the Fisheries Agency.
(2)The vessel concerned shall be installed onboard the
automatic location communicator (ALC) and report its vessel
positions in accordance with the regulations of directed
fisheries in which such vessel is engaged. Where there is no
related regulation for the directed fisheries in which the
vessel is engaged, a Voyage Data Recorder (VDR) shall be
installed to record its tracks.
(3)The captain of the vessel concerned shall daily fill in the
logbooks (format as shown in Appendix 3), which shall be
submitted to the local district fishermen’s association
within three working days after port entry. In case that the
regulations of directed fisheries in which such vessel is
engaged have prescribed the format of and the manner of
filling out the logbooks, such regulations shall be complied
with.
(4)Landing Declarations shall be filled out and submitted in
accordance with the Regulations for the Submission of
Landing Declarations by Coastal and Offshore Fishing
Vessels. In case that the regulations of directed fisheries
in which such vessel is engaged have prescribed the manner
of filling out and the submission of landing declarations,
such regulations shall be complied with.
Article 4
Catch harvested by coastal and offshore fishing vessels shall
only be landed and sold at the following ports for the
application of an EUCC:
(1)Yilan County: Nanfangao fishing port and Wushih fishing
port.
(2)New Taipei City: Aodi fishing port, Shenao fishing port and
Yeliou fishing port.
(3)Keelung City: Badouzih fishing port and Jhengbin fishing
port.
(4)Tainan City: Jiangjyun fishing port and Anping fishing port.
(5)Kaohsiung City: Singda fishing port, Chienchen fishing port,
Linhaisincun fishing port, Jhongyun fishing port, and
Eh-Tsu-Liau Fishing port.
(6)Pingtung County: Tungkang fishing port.
(7)Taitung County: Singang fishing port.
(8)Hualien County: Hualien fishing port.
(9)Penghu County: Magong fishing port.
Any fishing vessel harvesting mackerel shall land and sell its
mackerel catch at the designated domestic ports in accordance
with the Regulations on the Management of Mackerel Fishery.
Article 5
An applicant for an EUCC shall be a fishery operator, a
wholesaler with a wholesaler permit in a fish market, a
government-registered domestic importer or exporter, or a
processing plant.
Article 6
Any fishery operator that intends to apply for an EUCC for the
unprocessed catch caught by his/her coastal and offshore
fishing vessel(s) shall submit the following documents to the
Fisheries Agency of this Council for the application:
(1)An application form (format as shown in Appendix 4).
(2)Two copies of the Catch Certificates with complete
information typed clearly.
(3)Landing Declaration(s).
(4)A copy of the transport document of the exported catch or
fisheries products.
In the event that the applicant for an EUCC is not a fishery
operator as referred to in the preceding paragraph, the
following documents shall also be submitted, in addition to the
documents prescribed in the preceding paragraph:
(1)The trade slip issued by the fish market concerned.
(2)Relevant transaction proving document(s) that can trace from
the applicant back to the fishery operator(s).
Article 7
In case of any of the following circumstances, the Fisheries
Agency of this Council shall deny the application for an EUCC:
(1)The applicant does not meet the provision as stipulated in
Article 5.
(2)The catch and fisheries products are exempted from the Catch
Certification scheme pursuant to the Regulations of the
European Union.
(3)The catch is from any coastal and offshore fishing vessel
listed on the list of illegal, unreported, and unregulated
(IUU) fishing vessels proclaimed by any international
fisheries organization or the European Union.
(4)The coastal and offshore fishing vessel concerned has not
passed the hygiene inspection pursuant to the Directions on
the Hygiene Management of Fishing Vessels Supplying Fishery
Products for the Export to European Union, or the fishing
period of the catch or fisheries products to be exported is
not within the validity period of the hygiene inspection.
(5)The coastal and offshore fishing vessel concerned has not
reported its position during the current fishing trip, or
any anomalous datum is recorded in the VDR.
(6)The coastal and offshore fishing vessel concerned has not
submitted the logbook in accordance with relevant
regulations.
(7)The coastal and offshore fishing vessel concerned has not
filled out or submitted the Landing Declaration in
accordance with relevant regulations.
(8)The coastal and offshore fishing vessel concerned fails to
conduct the landing in accordance with Article 4, paragraphs
1 and 2, during the current fishing trip.
(9)In the current fishing trip of the coastal and offshore
fishing vessel concerned, the discrepancy of the catch
amount between the logbook and the Landing Declaration
exceeds 20%.
(10)The catch amount in the application for the EUCC exceeds
the actual landing amount.
(11)During the current fishing trip, the coastal and offshore
fishing vessel concerned has violated any provision
regarding fishing operation approval, fishing gear(s) and
fishing method(s), prohibited fishing area(s), prohibited
fishing period(s), prohibited species, or catch amount as
stipulated in the Fisheries Act, or has violated the
Distant Water Fisheries Act.
(12)The fishery operator, fishery employee or relevant party
concerned refuses, evades, or obstructs any inspection
conducted pursuant to Article 49, paragraph 1 of the
Fisheries Act.
(13)The required documents for the application of an EUCC or
the information recorded therein are incomplete or unclear,
and the applicant fails to supplement upon request.
(14)The application concerned is made with any false or
counterfeit document.
(15)Any EUCC previously obtained by the applicant concerned has
not been written off in accordance with Article 9, or not
been cancelled in accordance with Article 10.
Where any of the circumstances stipulated in the preceding
paragraph is found after the issuance of an EUCC, the competent
authority shall withdraw such EUCC and notify the European
Union and the authority concerned of the importing country.
Article 8
An EUCC is valid for one year starting from the date of
issuance.
Article 9
Any applicant for an EUCC shall, within three months after the
completion of customs clearance of the catch and fisheries
products, submit the information/document(s) of customs
clearance issued by the importing country (or a duplicate of
the export declaration in case of exportation from the Republic
of China) and a carbon copy of the sales data to the Fisheries
Agency of this Council for write-off.
Article 10
For any EUCC that is lost, not used for some reasons, or
damaged, the applicant concerned shall take the initiative to
apply to the competent authority for cancellation with the
enclosure of the following documents:
(1)A statement of the cause(s) of the cancellation.
(2)The original copy of the unused or damaged EUCC. In case of
loss of the EUCC, such provision shall be waived.
(3)Where the cause of cancellation is resulted after the export
of catch or fisheries products, a carbon copy of the
transport document for export and the proof slip of the
export declaration issued by the customs at the port of
exportation, or other proving document(s), shall be enclosed.
Article 11
Where an EUCC has been cancelled in accordance with Article 10,
the applicant concerned may, within the validity period of the
original EUCC, apply for the re-issuance to the competent
authority. The validity period of the re-issued EUCC shall be
the same as the cancelled one.
Article 12
The Fisheries Agency of this Council may assign its personnel to
fishing vessels, offices or related premises of applicants to
examine the sales data on the catch and fisheries products.
Article 13
For any applicant refusing, evading or obstructing the
examination(s) conducted by the personnel assigned by the
Fisheries Agency of this Council pursuant to Article 12, the
Fisheries Agency of this Council may refuse to accept any
application for an EUCC from such applicant for one year.
Article 14
For the catch processed or manufactured domestically, the
Fisheries Agency of this Council will review the column
“Verified weigh landed (kg)” in the EUCC in accordance with
the processing yields as prescribed in Appendix 5. |