Title
Catch Certification Rules for EU Fishery Exports
Law
Bfar Fisheries Administrative Order No. 238
Decision Date
Jan 9, 2012
The BFAR Fisheries Administrative Order No. 238 establishes mandatory rules for the catch certification scheme to ensure that fishery products exported to the European Union are sourced from legal, reported, and regulated fishing activities, thereby preventing illegal, unreported, and unregulated (IUU) fishing practices.

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.

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