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Traffic Manual

II.5. Specific provisions relating to marine fishery products and goods obtained from such products

Proof of the Union customs status of sea fishery products and other products taken from the sea by vessels

Article 213 of the AE
A fishing logbook, a landing declaration, a transhipment declaration and vessel tracking data, as appropriate, must be submitted to demonstrate Union status:

  • of maritime fishery products caught by a Union fishing vessel outside Union territorial waters, in waters other than the territorial waters of a third country; and
  • of goods obtained from such products on a Union fishing vessel or factory vessel, in the manufacture of which other products having the customs status of Union goods may have been used.

Article 129 of the AD
The fishing logbook, a landing declaration, a transhipment declaration and vessel tracking data, as applicable, shall be submitted by:

  1. the Union fishing vessel that caught the products and, where appropriate, carried out their processing; or

  2. another Union fishing vessel or the Union factory vessel that has carried out the processing of the products transhipped from the vessel referred to in point 1; or

  3. any other vessel to which the products and goods have been transshipped from the vessels referred to in points 1 and 2, without any further processing; or

  4. a means of transport covered by a single transport document issued in the country or territory outside the customs territory of the Union in which the products or goods from the vessels referred to in points 1, 2 and 3 were unloaded.

Article 214 of the AE
Where sea fishery products or goods obtained from such products have been transhipped and transported through a territory which is not part of the EU before being transported to the EU, proof of the Union customs status of the goods must be presented in respect of those products and goods at the time of entry into the customs territory of the Union. For this purpose, a copy of the fishing logbook may be used, including a certification from the customs authorities of that country or territory certifying that the products or goods:

  • have been under customs surveillance while in their territory; and
  • They have not been subjected to any further manipulation than necessary for their conservation.

The example of the fishing logbook contemplated in the current legislation can be interpreted:

  • as a copy of the relevant parts of the fishing logbook (i.e. an extract), including, where applicable, data relating to transhipments; or
  • as a copy of the complete fishing logbook, provided that it allows the identification of the respective consignment of marine fishing products or goods and includes a reference to the relevant fishing logbook.

Customs authorities in third countries are not legally required to certify in a copy of the fishing logbook that maritime fishing products and goods transshipped and transported through those countries have not been tampered with. Therefore, a certification other than the entry in a copy of the fishing logbook may be accepted.

The form of the certification document is free; An example provided by the fishing industry is included in Annex II.8.5. Another example, this time of a non-manipulation certificate issued by Singapore, is provided in Annex II.8.6.

Articles 130 and 133 of the AD
Article 130 of the AD lays down the data requirements for proof of Union customs status in relation to sea fishery products and goods, both those delivered directly and via transhipment to the Union customs territory.

Article 133 of the AD establishes the data requirements for the non-tampering certification of maritime fishery products and goods transshipped and transported through a third country or territory, which forms an integral part of the proof of the Union customs status of such products and goods.

If documents other than a copy of the logbook or a copy of the relevant parts of the logbook are used for the purpose of certifying non-tampering, such evidence shall include:

  • all relevant information set out in Articles 130 and 133 of the AD;
  • a reference to the fishing logbook.

Such evidence shall be accompanied by a copy of the relevant fishing logbook, or copies of the relevant parts thereof, when presented to the customs authorities of the Member States upon entry into the customs territory of the Union.

With regard to information on the location of catches required under Article 130(1)(a), it is understood that data on the exact location of catches should be considered sensitive information and that sharing such information with customs authorities of third countries for certification purposes could pose problems. Therefore, there should be no obligation to include such information in the documents submitted to the customs authorities of third countries for certification, provided that the information on the exact location of the catches is provided to the customs authorities of the Member States upon entry into the customs territory of the Union.