Law Summary
Definitions of Key Terms
- Consignment, DA-BFAR, EU, Fishery products, Fishing, Illegal fishing, IFP, IUU Fishing, RCC, RFMO, SCC, Traceability, Transshipment, Unreported fishing, Unregulated fishing, IUUF Regulation.
- Definitions clarify scope, compliance, and procedural terms used throughout the Order.
Application Scope
- Applies to all Philippine-flagged fishing vessels supplying to EU or supplying processors/exporters for EU export.
- Includes canneries, processors, and exporters sending fishery products to EU member countries.
Catch Landing and Transshipment Declaration
- Landing of catches must be verified and certified by BFAR via Catch Validation Certificate.
- Transshipment must be declared by vessel captain using Transshipment Certificate.
Prohibition and Compliance
- Prohibits export of fish caught through IUU fishing or without full traceability.
- Export to EU requires a DA-BFAR validated Catch Certificate.
Sanctions for Non-compliance
- Grounds for non-issuance of Catch Certificate.
- Possible delisting of exporters from EU accreditation.
- Criminal complaints for violations related to exports.
Regular Catch Certificate (RCC) Scope and Classifications
- For vessels >12m without towed gear, >8m with towed gear, or >20 GT.
- Two types: Mother Catch Certificate (issued at landing/prior processing) and Consignment Catch Certificate (issued post-processing).
RCC Requirements
- Fishing vessel logsheets, Commercial Vessel/Gear License, Certificate of Ownership and Registry.
- Transhipment Certificate, Catch Validation Certificate, Fish summary/sizing report.
- Additional documents for vessels operating in Papua New Guinea waters.
Instructions for Filling RCC
- Document number format combines Flag State ISO code, competent BFAR authority, company code, validation year, and series number.
- Vessel details must match official licenses.
- Product description includes product forms and species with tariff codes.
- Catch area and dates to be indicated.
- Weight fields to show estimates and verified landed weights.
- Declaration and authorization of transshipment required.
- Validation authority fills specific sections.
- Signatures and seals from vessel master or authorized corporate representatives.
Consignment Catch Certificate
- Combines Mother CC data with final processed product details.
- Cannery code and sequence number appended to document number.
- Weight of consignment must not exceed verified landed catch from Mother CC.
Catch Validation Certificate (CVC)
- Issued by BFAR documenting species and volume landed at Philippine ports.
- Incorporates data from transshipment certificates from carrier vessels.
Procedures in Securing RCC
- Submission of accomplished RCC and documents to BFAR.
- Evaluation and verification by BFAR.
- Release of validated copies: one to fishing company, one for BFAR records.
- Coordination between fishing companies and processors for Consignment CC issuance.
Processing Statement Scope and Verification
- Issued by BFAR only for foreign-flagged vessel catches unloaded and processed in the Philippines.
- Requires presentation and verification of foreign Catch Certificates.
- Processing weights closely monitored for consistency with input raw materials.
Simplified Catch Certificate (SCC) Scope and Requirements
- For vessels <12m without towed gear, <8m with towed gear, no superstructure, or <20 GT.
- Accomplished by processor/exporter, submitted within one week of unloading.
- Requires official receipts, licenses, and catch reports.
Instructions and Procedures for SCC
- Document number format similar to RCC.
- Product description and species names with tariff codes.
- Verified landed weight required.
- Listing vessels supplying catch quantity.
- Validation by BFAR after document review.
- Release of validated certificate to exporter.
Record-keeping and Monitoring
- Fishing companies, processors, exporters to maintain records of Catch Certificates and documentary requirements.
- BFAR offices maintain electronic and physical records.
- Monthly submission of reports and maintenance of a national database.
- Retention of original certificates for minimum three years.
- BFAR conducts random inspections to ensure compliance.
Payment of Fees
- Fee of Php 50 for issuance of RCC, SCC, and Processing Statement to defray administrative costs.
Settlement of Issues
- Queries from EU officials routed to BFAR signatory who validated the certificate.
- Official replies coordinated with concerned companies and entities.
- Communications formalized and may be expedited electronically.
Annexes and Effectivity
- Includes formats for certificates, process flows, company codes, validation procedures, fish catch reports, and product exclusions.
- Order effective 15 days after publication and registration with the National Administrative Register.