No Support JavaScript

MONISTRY OF AGRICULTURE
Laws and Regulations Retrieving System

Print Time:113.11.10 14:31

Content

Title: Directions for the Application and Issuance of the European Community Catch Certificate for Catch of Coastal and Offshore Fisheries Ch
Date: 2018.04.25
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.
Attachments:
Data Source:MONISTRY OF AGRICULTURE Laws and Regulations Retrieving System