Reference for a preliminary ruling from Supreme Court (Ireland) made on 21 October 2020 – PF, MF v Minister for Agriculture Food and the Marine, Sea Fisheries Protection Authority

(Case C-564/20)

Language of the case: English

Referring court

Supreme Court

Parties to the main proceedings

Applicants: PF, MF

Respondents: Minister for Agriculture Food and the Marine, Sea Fisheries Protection Authority

Questions referred

Is the Single Control Authority in a Member State in notifying and certifying to the European Commission under Article 33(2)(a) and Article 34 of the Control Regulation¹ limited to notifying the data as to catch in a particular fishing ground logged by fishers under Articles 14 and 15 of the Regulation when the Single Control Authority for good reason believes the logged data to be grossly unreliable or is it entitled to employ reasonable, scientifically valid methods to treat and certify the logged data so as to achieve more accurate outtake figures for notification to the European Commission?

Where the Authority is so satisfied, based on reasonable grounds, can it lawfully utilise other data flows such as fishing licenses, fishing authorisations, vessel monitoring system data, landing declarations, sales notes and transport documents?

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¹ Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ 2009, L 343, p. 1).