COMMISSION IMPLEMENTING REGULATION (EU) No 433/2012
of 23 May 2012
laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999 (1), and in particular Articles 4(5), 5(2), 8(4), 9(4) and 10(3), Article 11, Articles 12(2) and 16(2), Article 18(3) and (4), Article 19, and Articles 20(9), 24(4), 27(1) and 45(2) thereof,
Whereas:
(1)
Regulation (EU) No 1236/2010 lays down certain specific control measures to monitor fishing activities of the Union in the Area covered by the North-East Atlantic Fisheries Commission (NEAFC) and supplements control measures provided for in 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 (2). Detailed rules should be laid down for the application of Regulation (EU) No 1236/2010. The Annexes to several Recommendations establishing a scheme of control and enforcement (the ‘Scheme’) applicable to fishing vessels operating in the waters of the Convention Area which lie beyond the waters under the fisheries jurisdiction of the Contracting Parties adopted by NEAFC set out the format for communicating data and models for certain inspection tools and should be transposed in Union law.
(2)
Since Regulation (EU) No 1236/2010 lays down a new scheme of control and enforcement, Commission Regulation (EC) No 1085/2000 of 15 May 2000 laying down detailed rules for the application of control measures applicable in the area covered by the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (3) should be repealed and replaced by this Regulation.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Regulation, the following definitions shall apply:
(a)
‘position message’ means the report on the position of a vessel automatically transmitted by the satellite-tracking device of the vessel to the Fisheries Monitoring Centre of the flag Member State;
(b)
‘position report’ means the report made by the master of a vessel as provided for in Article 25 of Commission Implementing Regulation (EU) No 404/2011 (4);
(c)
‘CFR number’ means the Community Fleet Register identification number of the vessel as referred to in Article 10 of Commission Regulation (EC) No 26/2004 (5).
Article 2
Contact points
1. Member States shall send the information concerning contact points, as referred to in Article 4(3) and (4) of Regulation (EU) No 1236/2010, to the NEAFC Secretary and to the European Fisheries Control Agency (the ‘Agency’) in computer-readable form.
2. Member States shall publish the information referred to in paragraph 1 on the secure part of their website established by Articles 114 and 116 of Regulation (EC) No 1224/2009.
CHAPTER II
MONITORING MEASURES
Article 3
Participation of the Union
1. The list referred to in Article 5(1) of Regulation (EU) No 1236/2010 shall include the vessels authorised to fish for one or more regulated resources, broken down by species.
Where applicable, the list shall refer to the CFR number allocated to each vessel.
2. Member States shall immediately inform the Commission, by computer transmission, of vessels for which the authorisation to fish in the Regulatory Area has been withdrawn or suspended.
Article 4
Recording of catches
1. In addition to the information specified in Article 14 of Regulation (EC) No 1224/2009, the fishing logbook referred to in Article 8 of Regulation (EU) No 1236/2010 shall contain the information set out in Part A of Annex I to this Regulation.
2. The production logbook referred to in Article 8(2) and (3) of Regulation (EU) No 1236/2010 shall be as set out in Part B of Annex I.
3. The stowage plan referred to in Article 8(2) and (3) shall be as set out in Part C of Annex I.
4. The code to be used for each species is the code established by the Food and Agriculture Organisation of the United Nations (FAO) as set out in Annex II.
Article 5
Reporting of catches of regulated resources and position
Member States shall use the format and the specifications for the transmissions to the NEAFC Secretary under Articles 9 and 11 of Regulation (EU) No 1236/2010 as set out in Annex III.
Article 6
Global reporting of catches
Member States shall transmit the data under Article 10, paragraphs 1 and 2 of Regulation (EU) No 1236/2010 in XML format.
CHAPTER III
INSPECTIONS
Article 7
Designated body
The Agency is designated to:
(a)
coordinate the surveillance and inspection activities referred to in Article 17(1) of Regulation (EU) No 1236/2010;
(b)
receive, send and forward the notifications referred to in Articles 18(2), 19(1) and 20(9) of Regulation (EU) No 1236/2010;
(c)
keep the record referred to in Article 18(4) of Regulation (EU) No 1236/2010.
Article 8
Identification of inspectors and of inspection means
1. The special identity document referred to in Article 16(2) of Regulation (EU) No 1236/2010 shall comply with the model set out in Part A of Annex IV.
2. The inspection special signal referred to in Article 18(3) of Regulation (EU) No 1236/2010 shall comply with the model set out in Part B of Annex IV.
Article 9
Inspection activities
Member States shall send to the Agency the information related to the date and hour of the start and termination of the activities of inspection vessels and aircraft referred to in Article 18(4) of Regulation (EU) No 1236/2010 in accordance with the form set out in Annex V.
Article 10
Surveillance procedure
1. The sighting reports referred to in Article 19(1) of Regulation (EU) No 1236/2010 shall be transmitted using the form set out in Part A of Annex VI.
2. The surveillance reports referred to in Article 19(2) of Regulation (EU) No 1236/2010 shall be drawn up using the form set out in Part B of Annex VI.
Article 11
Inspection reports
The inspection reports referred to in Article 20(9) of Regulation (EU) No 1236/2010 shall be drawn up in accordance with the format set out in Annex VII.
CHAPTER IV
PORT STATE CONTROL
Article 12
Prior notification of entry into port
The prior notification referred to in Article 24 of Regulation (EU) No 1236/2010 shall be made by means of the Port State Control (PSC) form provided for in Annex VIII with Part A duly completed as follows:
(a)
the form PSC 1 shall be used where the vessel is landing its own catches;
(b)
the form PSC 2 shall be used where the vessel is engaged in transhipment operations. In such cases a separate form shall be used for each donor vessel.
Article 13
Processing of prior notification
When returning a copy of the prior notification in accordance with Article 25 of Regulation (EU) No 1236/2010, the flag Member State shall use the PSC form provided for in Annex VIII with Part B duly completed.
Article 14
Port inspection reports
The inspection reports referred to in Article 27 of Regulation (EU) No 1236/2010 shall be drawn up in accordance with the form set out in Annex IX and transmitted to the NEAFC Secretary with a copy to the Commission.
CHAPTER V
INFRINGEMENTS
Article 15
Designated body
The Agency is designated to receive, send and forward the information referred to in Articles 29, 30, 32, 33, 34, 36 and 43 of Regulation (EU) No 1236/2010.
CHAPTER VI
DATA
SECTION 1
Data communication
Article 16
Communication to the NEAFC Secretary
The data exchange formats and protocols referred to in Article 12(2) of Regulation (EU) No 1236/2010 to be used for transmission of reports and information to the NEAFC Secretary shall comply with the rules set out in Annex X; the corresponding codes to be used in communication with the NEAFC Secretary are as set out in Annex XI.
SECTION 2
Data security and confidentiality
Article 17
Common provisions on data security and confidentiality
1. This Section lays down detailed rules on confidentiality for the implementation of Article 45 of Regulation (EU) No 1236/2010. It shall apply to all electronic reports and messages under this Regulation with the exception of the global reporting of catches referred to in Article 6 of this Regulation.
2. Each Member State shall, where necessary, at the request of the NEAFC Secretary, rectify or erase electronic reports or messages the processing of which does not comply with Regulation (EU) No 1236/2010 and this Regulation.
3. The electronic reports and messages shall be used only for the purposes specified in the Scheme laid down by Regulation (EU) No 1236/2010.
Article 18
Data from inspections
1. Member States carrying out an inspection may retain and store electronic reports and messages transmitted by the NEAFC Secretary within 24 hours of the departure of the vessels, to which the data pertain, from the Regulatory Area without re-entry. Departure shall be deemed to have been effected six hours after the transmission of the intention to exit from the Regulatory Area.
2. Member States carrying out an inspection shall ensure the secure processing of electronic reports and messages in their respective electronic data processing systems, in particular where the processing involves transmission over a network.
3. Member States shall adopt appropriate technical and organisational measures to protect electronic reports and messages against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against all inappropriate forms of processing.
4. Member States carrying out an inspection shall make the electronic reports and messages available for inspection purposes and only to inspectors assigned to the Scheme laid down by Regulation (EU) No 1236/2010.
Article 19
Data processing systems
1. Data processing systems used by Member States, the Commission and the Agency shall comply with the minimum security requirements set out in Part A of Annex XII.
2. For their main computer systems Member States shall meet the criteria set out in Part B of Annex XII.
3. The https protocol shall be used for communication of data covered by the Scheme laid down by Regulation (EU) No 1236/2010. When such data are communicated, appropriate encryption protocols shall be applied to ensure confidentiality and authenticity.
4. Access limitation to the data shall be secured via a flexible user identification and password mechanism. Each user shall be given access only to the data necessary for his/her task.
5. The technical standards for electronic data exchange between Member States, the Commission and the Agency may be laid down in consultation with the Member States, the Commission and the Agency.
CHAPTER VII
FINAL PROVISIONS
Article 20
Repeal
Regulation (EC) No 1085/2000 is repealed.
Article 21
Entry into force
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 May 2012.