Article 14 and Margin Of Tolerance Rules at Centre of Dispute
The AOB paper focuses in particular on Article 14 of the Control Regulation and the related obligations for recording catches in fishing logbooks, which are closely linked to the permitted margin of tolerance.
The Member States report that there is a “genuine impossibility” of implementing certain obligations in practice. They argue that the detailed recording requirements hinder fishing activity and, in some cases, put the safety of fishermen at risk.
This is especially problematic on smaller vessels, where conditions at sea significantly restrict the ability to sort catches on board and accurately estimate quantities in real time.
Risk of Unintentional Infringements Increasing
The note warns that strict application of the new rules is likely to lead to a rise in unintentional infringements, not due to fraud or deliberate non-compliance, but because of the material impossibility of meeting overly detailed requirements at sea.
As a result, the Member States caution that control and risk analysis systems may become distorted, diverting enforcement resources away from the real objectives of the Common Fisheries Policy.
They also warn that the sector could be unfairly portrayed as non-compliant when the underlying problem lies in regulatory design rather than operational behaviour.
Use of CATCH System Also Questioned
Alongside Article 14, the AOB highlights difficulties with the use of the CATCH IT system, which is intended to support control and traceability requirements.
The Member States indicate that, in its current form, the system adds further complexity and administrative workload, compounding the practical challenges already faced by vessel operators and authorities.
Call for Proportionate and Risk-Based Application
Spain and the supporting Member States stress that they remain committed to effective fisheries control and to the objectives of the Common Fisheries Policy.
However, they argue that control measures must remain proportionate, risk-based and technically feasible, particularly when applied under demanding working conditions at sea.
They urge the European Commission and fellow Member States to recognise the practical limitations now emerging and to address implementation problems before they result in widespread enforcement issues and safety risks.
Issue Set to Remain Live In 2026
With further provisions of the revised Control Regulation due to take effect, the signatory Member States warn that unresolved implementation problems could escalate unless corrective action is taken.
The intervention at the January AgriFish Council signals growing concern among a broad group of Member States that, without adjustments, the current approach risks undermining both compliance credibility and the day‑to‑day viability of EU fishing operations.