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法規名稱(Title) Directions for the Application and Issuing of the European Community Catch Certificate Ch
公發布日(Date) 2016.07.13
法規沿革(Legislative) Promulgated on 16 September 2009 by the Council of Agriculture,
Executive Yuan under Order No. Nung-sou-yu-tzu 0981332494.
The entire text of 12 articles amended on 29 November 2013 by
the Council of Agriculture, Executive Yuan under the Order No.
Nung-sou-yu-tzu 1021339167B and become effective on 1 January
2014.
The Appendix 1 amended on 13 July 2016 by the Council of
Agriculture, Executive Yuan under the Order No. Nung-sou-yu-tzu
1051258213A and become effective on 15 July 2016.
法規內文(Content) Article 1
For the management of fisheries resources and to address the
requirement of the European Community Catch Certification
scheme, in ensuring the export of the catches harvested by
national fishing vessels and the fishery products processed from
such catches to the European Union meeting the European Union
Council Regulations (EC) No. 1005/2008, these Directions are
hereby established by the Council of Agriculture, Executive Yuan
(hereinafter referred to as “the Council”).

Article 2
For the export of the catches harvested by national fishing
vessels from the sea, directly or after processing in domestic
or foreign factories, to the European Union, an application
shall be submitted to the Council for the issuing of the
European Community Catch Certificate (format as shown in
Appendix 1 and Appendix 2) in accordance with these Directions.

Article 3
The following fishery products shall be exempted from applying
for EuropeanCommunity Catch Certificate:
(1) Freshwater fishery products.
(2) Aquaculture products from fry or larvae.
(3) Ornamental fish.
(4) Oysters, live.
(5) Scallops live, fresh or chilled, including queen scallops of
genera Pecten, Chlamys or Placopecten.
(6) Coquilles St Jacques (Pecten maximus), frozen.
(7) Other scallops. Fresh or chilled.
(8) Mussels.
(9) Snails, others than those obtained from the sea.
(10) Prepared and preserved molluscs.

Article 4
An applicant for a European Community Catch Certificate shall be
a fishery operator, a buyer with a buyer permit in a fish
market, a government-registered importer or exporter, a
processing factory or an agent in a foreign fishing base.

Article 5
Any fishery operator that intends to apply for a European
Community Catch Certificate for catch caught by a distant water
fishing vessel shall submit the following documents to the
Fisheries Agency of the Council for the application:
(1) An application form (format as shown in Appendix 3).
(2) A copy of the Catch Certificate with complete information
typed clearly.
(3) For catch landed and sold in domestic fishing ports, the
trade slip issued by the fish market shall be attached. For
catch landed in foreign fishing bases, one copy of the
documents confirming the trade transaction of the catch between
the fishery operator and the agent in the foreign fishing base
shall be attached.
(4) One copy of the documents confirming transshipment of the
catch to a carrier vessel, cargo vessel or an airplane shall be
attached. In the event that the transshipment is conducted in
waters subject to the deployment of a regional observer for
at-sea transshipment as regulated by international fisheries
organizations, the document confirming the at-sea transshipment
shall be signed by the regional observer. The document is
exempted if no transshipment has been conducted.
In the event that the applicant for the European Union Catch
Document referred to in the preceding paragraph is not a fishery
operator, he/she shall submit, in addition to the documents set
out in the preceding paragraph, the following documents:
(1) Data confirming trade transaction of the catch made between
the applicant and the fishery operator, and the data shall be
traceable.
(2) A statement (format as shown in Appendix 4) made by the
fishery operator

Article 6
Any fishery operator that intends to apply for a European Union
Catch Document for the catch caught by a coastal or offshore
fishing vessel shall submit the following documents to the
Fisheries Agency of the Council for the application:
(1) An application form (format as shown in Appendix 3).
(2) A copy of the Catch Certificate with complete information
typed clearly.
(3) The trade slip issued by the fish market. In the event that
there is no fish market available for transaction in the port
where the catch is landed, an inventory of catch caught by the
coastal or offshore fishing vessel issued by the relevant
fishermen association shall be attached (format as shown in
Appendix 5). For catch harvested from a set net fishery, a
copy of the license for set net fishing rights and the documents
confirming sale of the catch from the operator of the set net
fishery shallbe attached.
In the event that the applicant for a European Union Catch
Document referred to in the preceding paragraph is not a fishery
operator, he/she shall submit, in addition to the documents set
out in the preceding paragraph, the following documents:
(1) Data confirming transaction of the catch between the
applicant and the fishery operator, and the data shall be
traceable.
(2) A statement made by the fishery operator of the catch
(format as shown in Appendix4).

Article 7
A European Community Catch Certificate is valid for one year.

Article 8
An applicant for European Community Catch Certificate shall,
within three months after the completion of customs clearance
for fishery products, submit the data of customs clearance (or a
copy of the export permit in case of export from homeland)
issued by the importing country and the sales data to the
Fisheries Agency of the Council for reconciliation of the sales.
The Fisheries Agency of the Council may assign its personnel to
the fishing vessels, offices or related premises of the
applicant to inspect the sales data on the fishery products.

Article 9
For catches of skipjack tuna, bigeye tuna, yellowfin tuna,
swordfish, and squid caught by fishing vessels intended for
landing and sale in domestic fishing ports, landing and sale of
such catches shall be restricted to take place in Nanfangao
fishing port and Wushih fishing port in Ilan County; Aodi
fishing port, Shenao fishing port and Yeliou fishing port in New
Taipei City; Badouzih fishing port, Jhengbin fishing port in
Keelung City; Jiangjyun fishing port and Anping fishing port in
Tainan City; Singda fishing port, Linhaisincun fishing port,
Jhongyun fishing port, and Cianjhen fishing port in Kaohsiung
City; Tungkang fishing port in Pingtung County; Singang fishing
port in Taitung County; Hualien fishing port in Hualien County.
Fishing vessels shall land and sell their catches of flying fish
roe and mackerels in designated domestic fishing ports in
accordance with “Regulations for Managing
Part-time Fishery for the Roe of Flying Fish” and “Regulations
for Managing Mackerel and Scad Fishery” respectively.
Paragraph 1 of this Article on designated fishing ports for
landing and sale does not apply to catch harvested from set net
fisheries.
The Fisheries Agency of the Council may assign its personnel to
inspect the landing of catch. The captain or fishery operator
shall not refuse the inspection.

Article 10
For the fishery products processed or manufactured domestically,
the column under section 3 for verified weight landed in the
European Community Catch Certificate shall be verified by the
Fisheries Agency of the Council in accordance with the
processing rate for finished products as set forth in Appendix
6.

Article 11
In case of any of the following, the Fisheries Agency of the
Council shall deny the application for European Community Catch
Certificate:
(1) The catch is from any fishing vessel under ownership of a
fishery operator who owns a fishing vessel included on the list
of illegal, unreported, and unregulated (IUU) fishing vessels
proclaimed by regional fisheries management organizations or the
European Union.
(2) The catch is transshipped by an unauthorized fish carrier
vessel.
(3) The fishing vessel has not been certified by a hygiene
inspection in accordance with “Direction Governing Sanitation
Management of EU Coded Distant-Water Fishing Vessels” and
“Direction Governing Sanitation Management of Fishing Vessels
Supplying Fishery Products to Processing Plants Intent to Export
to EU”.
(4) The fishing vessel is under investigation or administrative
punishment for violation, and the investigation or punishment
has not completed.
(5) Where the fishing vessel enters a port with catch retained
on board, the captain or fishery operator evades the inspection
performed by the personnel assigned by the Fisheries Agency of
Council.
(6) In violation of Article 5 and Article 6 for not submitting
application documents which contain complete and clear
information.
(7) The fishing vessel did not land its catch in designated
fishing ports set out in Article 9, paragraph 1 and paragraph 2.

Article 12
In case of one of the following, the Fisheries Agency of the
Council may refuse to accept the application for a European
Union Catch Document for a year:
(1) In violation of Article 8, paragraph 1, for that the
applicant fails to submit the data of customs clearance for
reconciliation of the sales within three months after the
completion of customs clearance for fishery products.
(2) In violation of Article 8, paragraph 2, for that the
applicant evades, obstructs or refuses the personnel assigned
by the Fisheries Agency of the Council in inspecting the sales
data on the fishery products.
(3) In violation of Article 9, paragraph 4, for that the captain
or fishery operator who
intend to land and sell the catch evades, obstructs or refuses
the personnel assigned by the Fisheries Agency of the Council in
inspecting the landing.
(4) The applicant makes the application with false or
counterfeit documents.
圖表附件(Attachments)