Control and enforcement of sea and coastal fisheries
Together with external supervisors, we ensure that fishers comply with the European and national fishery laws and regulations. Certain violations are classified as serious infringements. For these infringements, points can be assigned. These points can affect your license, your functioning as a master of a fishing vessel or your subsidy (application).
On-site inspections
Supervisors conduct on-site inspections whether fishers abide by the fishery laws and regulations. Supervisors can be, for example, the Netherlands Food and Consumer Product Safety Authority (NVWA) and the Wadden Unit. They can pay you a visit for an inspection.
Consequences of violations
Do the supervisors suspect something is amiss? Then they can enforce measurements through administrative and criminal procedures. The NVWA refers cases to us for administrative enforcement. This can include us notifying your government of any infringements that you make. Your government in turn may decide to take legal action against you, based on our notification. This includes serious infringements on the Common Fisheries Policy (CFP).
We can also enforce the restoration of a specific situation. For instance, has someone placed illegal nets? Then that person must remove these nets within a specific period. Failure to comply may result in a fine or the removal of the nets at the offender’s expense.
In addition, the NVWA or the Wadden Unit can pursue criminal enforcement for the same violation, potentially leading to prosecution.
Points for serious infringements
Does the NVWA suspect that the fisher has violated the rules of the CFP? Then this can be deemed a serious infringement, for which points are assigned. This may affect your license, the possibility to function as a master of a fishing vessel and/or your subsidies.
These points are the same everywhere within the European Union. This way, the same rules apply for all European fishers.
Grounds for points
There are 12 serious infringements for which points can be assigned. Per inspection you can receive a maximum of 12 points.
| Number | Serious infringement | Number of points |
|---|---|---|
| 1 | Not fulfilling obligations to record and report catch or catch related data, including data to be transmitted by satellite vessel monitoring system. | 3 points |
| 2 | Use of prohibited or non-compliant gear according to Union legislation. | 4 points |
| 3 | Falsification or concealing of markings, identity or registration. | 5 points |
| 4 | Concealing, tampering or disposal of evidence relating to an investigation. | 5 points |
| 5 | Taking on board, transhipping or landing of undersized fish in contravention of the legislation in force or not fulfilling of obligations to land undersized fish. | 5 points |
| 6 | Carrying out of fishing activities in the area of a regional fisheries management organisation in a manner inconsistent with or in contravention of the conservation and management measures of that organisation. | 5 points |
| 7 | Fishing without a valid licence, authorisation or permit issued by the flag State or the relevant coastal State. | 7 points |
| 8 | Fishing in a closed area or during a closed season, without or after attainment of a quota or beyond a closed depth. | 6 points |
| 9 | Directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited. | 7 points |
| 10 | Obstruction of work of officials in the exercise of their duties in inspecting for compliance with the applicable conservation and management measures or the work of observers in the exercise of their duties of observing compliance with the applicable Union rules. | 7 points |
| 11 | Transhipping to or participating in joint fishing operations with, support or re-supply of fishing vessels identified as having engaged in IUU fishing under Regulation (EC) No 1005/2008, in particular those included in the Union IUU vessel list or in the IUU vessel list of a regional fisheries management organisation. | 7 points |
| 12 | Use of a fishing vessel with no nationality and that is therefore a stateless vessel in accordance with international law. | 7 points |
What happens when you receive points?
Did you receive points? Then that can have consequences for your license, your functioning as the master of a fishing vessel, or your subsidy (application).
Consequences for license holders
Upon reaching 18 points or more, your fishing license will be suspended or revoked. You are then prohibited from fishing. The duration depends on the number of points you have accumulated.
| Number of points | Gevolg voor uw vergunning |
|---|---|
| 18 points | 2 months suspension |
| 36 points | 4 months suspension |
| 54 points | 8 months suspension |
| 72 points | 1 year suspension |
| 90 points | Permanent withdrawal |
Consequences for masters
Are you the master of a fishing vessel and did you receive points? You are then prohibited from functioning as the master of a fishing vessel. The number of points that you have received, determines for how long this applies.
| Number of points | Duration of prohibition |
|---|---|
| 18 points | 2 months |
| 36 points | 4 months |
| 54 points | 8 months |
| 72 points | 1 year |
| 90 points | 3 years |
Consequences of points for subsidies
If you have points assigned, this could mean that you are inadmissible for European subsidies. Have you committed a serious infringement? Then your application might be inadmissible for at least a year. For some serious infringements, this rule does not apply. In that case inadmissibility starts at 9 points. You can read which serious infringements this applies to at EMFAF: Exclusion from subsidies (in Dutch). There, you can also read more on how points (might) affect your subsidies.
Have you received a subsidy from the European Fund for Maritime Affairs and Fisheries (EFMZV) or the European Maritime Fisheries and Aquaculture Fund (EMFAF)? And have you received points? Then your subsidy may be affected up to 5 years after you have received these. You can read more about this at Exclusion of EFMZV subsidies (in Dutch).
0 points after 3 years
Have you committed no new serious infringements 3 years after your last serious infringement on the CFP? Then your points will be set to 0 again. Do you commit a serious infringement within those 3 years? Then you get points again. Those new points will be added to the points that you already had. The period of 3 years runtime will reset for all points.
Amount of points
Do you want to know how many points you have? Send an email to vr@rvo.nl. We register the amount of points for Dutch vessels. For other vessels, please contact your relevant government agency.
Would you like to know more?
You can find more information about infringement points, control and enforcement in the:
- Control regulation (Council Regulation (EC) No 1224/2009)
- Implementing regulation (Commission Implementing Regulation (EU) No 404/2011)
- IUU Regulation (Council Regulation (EC) No 1005/2008) (articles 3 and 42)
Do you want to know more about inadmissibility from EMFAF-subsidies? You can read more about this in Article 11 of Regulation (EU) 2021/1139. You will find an exclusion table in Annex I of the Commission Delegated Regulation (EU) 2022/2181.
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