This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"B COUNCIL REGULATION (EC) No 2791/1999
of 16 December 1999
laying down certain control measures applicable in the area covered by the Convention on future
multilateral cooperation in the north-east Atlantic fisheries
(OJ L 337, 30.12.1999, p. 1)
Amended by:
Official Journal
No page date
"M1 Council Regulation (EC) No 215/2001 of 29 January 2001 L 31 1 2.2.20011999R2791 — EN — 01.01.2001 — 001.001 — 1
COUNCIL REGULATION (EC) No 2791/1999
of 16 December 1999
laying down certain control measures applicable in the area covered by
the Convention on future multilateral cooperation in the north-east
Atlantic fisheries
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 37 thereof,
Having regard to the proposal from the Commission,Having regard to the Opinion of the European Parliament (
1),
Whereas:(1) The Convention on future multilateral cooperation in the north-east
Atlantic fisheries, hereinafter called ‘the NEAFC Convention’, wasapproved by Decision 81/608/EEC (
2) and entered into force on 17
March 1982;
(2) The NEAFC Convention provides an appropriate framework for
multilateral cooperation on the rational conservation and management
of fishery resources in the area defined by the Convention;
(3) The North-East Atlantic Fisheries Commission, at its 17th annual
meeting on 17, 18, 19 and 20 November 1998, adopted tworecommendations establishing a scheme of control and enforcementapplicable to fishing vessels operating in areas beyond the limits of the
national jurisdiction of the Contracting Parties in the Convention area
(hereinafter called ‘the Scheme’), and a programme to promotecompliance by non-Contracting Party vessels with its recommen-dations in order to ensure full respect for conservation and manage-
ment measures adopted by the NEAFC (hereinafter called ‘the
Programme’);
(4) The Scheme provides for control measures applicable to vessels flying
the flag of the Contracting Parties and operating in the NEAFC area,and arrangements for inspections at sea which include inspection and
surveillance procedures and infringement procedures which must be
implemented by the Contracting Parties;
(5) The Programme provides for the mandatory inspection of non-Con-
tracting Party vessels where they enter the ports of the ContractingParties voluntarily and a prohibition on the landing and transhipment
of catches if, during such inspection, it is established that they have
been taken in breach of the conservation measures adopted by theNEAFC;
(6) Under Articles 12 and 15 of the NEAFC Convention, these
recommendations enter into force on 1 July 1999 and become bindingon the Contracting Parties; the Community should apply these
recommendations;
(7) In order to make it possible for Community fishing activities in the
NEAFC Regulatory Area to be monitored and to supplement thecontrol measures provided for in Council Regulation (EEC) No2847/93 of 12 October 1993 establishing a control system applicable to
the common fisheries policy (
3), certain specific control measures
should be laid down, in particular as regards participation in fishingactivities, the marking of vessels and fishing gear and their documents,the recording and reporting of catches and the transhipment of fish;
(8) Article 2(3) of Regulation (EEC) No 2847/93 provides that each
Member State must ensure that the activities of its vessels outside the
Community fishery zone are subject to proper monitoring and, wheresuch Community obligations exist, to inspections and surveillance, inorder to ensure compliance with Community rules applicable in those!B
(1) Opinion delivered on 15 December 1999 (not yet published in the Offiial Journal).
(2) OJ L 227, 12.8.1981, p. 21.
(3) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No
2846/98 (OJ L 358, 31.12.1998, p. 5).1999R2791 — EN — 01.01.2001 — 001.001 — 2
waters; provision should therefore be made that Member States whose
vessels are authorised to fish in the NEAFC Regulatory Area assigninspectors to the Scheme to undertake monitoring and surveillance,together with adequate resources for inspection;
(9) In order to ensure the monitoring of fishing activities in the NEAFC
area, it is necessary that Member States cooperate with one anotherand with the Commission in applying the Scheme;
(10) It is the responsibility of Member States to ensure that their inspectors
comply with the inspection procedures laid down by the NEAFC;
(11) The masters of Community vessels should cooperate in the inspection
of their vessels as provided for in the procedures laid down in this
Regulation;
(12) The procedures to be applied in situations where it is suspected that an
infringement and in particular a serious infringement has been
committed should be laid down; to that end a list of the types of
action considered to constitute serious infringements should be drawnup;
(13) Detailed rules for the implementation of the Programme in the
Community should be laid down;
(14) Under the Treaty, authority over national waters and ports is exercised
by the Member States; however, in the case of access to Community
port facilities by non-Contracting Party vessels which have beensighted operating in the NEAFC Regulatory Area, additional uniformmeasures need to be adopted at Community level so that the activities
of those vessels in the Community ports can be regulated, in order to
ensure the effectiveness of measures laid down by the NEAFC;
(15) A procedure should be laid down for adopting detailed rules for the
implementation of the Scheme;
(16) The measures necessary for the implementation of this Regulation
should be adopted in accordance with Decision 1999/468/EC of 28June 1999 laying down the procedures for the exercise of implement-
ing powers conferred on the Commission (
1);
(17) In order to gain experience for the definitive division of tasks to be
undertaken, it is appropriate that certain provisions on inspection and
control, to be carried out in cooperation between the Member States
and the Commission, be applied for a limited period pending adecision on the definitive regime,
HAS ADOPTED THIS REGULATION:
Article 1
Purpose
This Regulation lays down the general rules and conditions for the application
by the Community of:
(a) the Scheme of control and enforcement applicable to fishing vessels
operating in areas beyond the limits of national jurisdiction in the
NEAFC Convention area;
(b) the Programme to promote compliance by non-Contracting Party vessels
with recommendations made by the NEAFC.
Article 2
Definitions
For the purposes of this Regulation:
1. ‘Regulatory Area’ means the waters of the Convention Areas as defined
in Article 1(1) of the NEAFC Convention, which lie beyond the waters
under the jurisdiction of NEAFC Contracting Parties;!B
(1) OJ L 184, 17.7.1999, p. 23.1999R2791 — EN — 01.01.2001 — 001.001 — 3
2. ‘fisheries resources’ are those referred to in Article 1(2) of the NEAFC
Convention;
3. ‘regulated resources’ are those fishery resources which are subject to
recommendations under the Convention and are listed in the Annex
hereto; the Annex may be amended in accordance with the procedure laid
down in Article 29(2);
4. ‘fishing activities’ means fishing, fish-processing operations, the trans-
hipment of fish and fishery products and any other activity in preparation
for or related to fishing in the Regulatory Area;
5. ‘NEAFC inspector’ means an inspector assigned by an NEAFC
Contracting Party to the Scheme;
6. ‘boarding’ means the boarding of a fishing vessel by NEAFC inspectors
to carry out an inspection;
7. ‘infringement’ means any activity or omission of a fishing vessel which
gives clear grounds for suspecting that a breach of the provisions of thisRegulation and of any other regulation transposing an NEAFC
recommendation has occurred and which has been noted in an inspection
report in accordance with the Scheme;
8. ‘serious infringement’ means:
(a) fishing without a valid authorisation issued by the flag State;
(b) fishing without or after exhausting a quota;
(c) using prohibited fishing gear;(d) serious mis-recording of catches;(e) repeated failure to comply with the obligation to communicate
movements and catches;
(f) preventing an inspector from carrying out his duties;(g) directed fishing for a stock which is subject to a moratorium or for
which fishing is prohibited;
(h) falsifying or concealing the markings, identity or registration of a
fishing vessel;
(i) concealing, tampering with or disposing of evidence relating to an
investigation;
(j) multiple breaches which together constitute a serious disregard of
conservation and management measures;
9. ‘duly authorised inspector’ means an NEAFC inspector duly authorised
by the flag Member State of the vessel suspected of having committed a
serious infringement;
10. ‘non-Contracting Party vessel’ means a vessel which has been sighted and
reported as having engaged in fishing activities in the NEAFCRegulatory Area and
(i) which flies the flag of a State which is not a Contracting Party to the
NEAFC Convention; or
(ii) for which there are reasonable grounds for suspecting it to be without
nationality.
TITLE I
IMPLEMENTATION OF THE CONTROL SCHEME ADOPTED BY
THE NEAFC
Article 3
Scope
1. This Title shall apply to all Community fishing vessels used or intended
for use for the purposes of commercial fishing activities conducted on fisheryresources in the Regulatory Area.!B1999R2791 — EN — 01.01.2001 — 001.001 — 4
2. Community fishing vessels operating in the Regulatory Area which keep
on board fish from that area shall do so in accordance with the objectives andprinciples of the NEAFC Convention.
CHAPTER 1
CONTROL MEASURES
Article 4
Community participation
1. Only Community fishing vessels which have been issued a special fishing
permit by their flag Member State shall be authorised, on the conditions setout in the permit, to fish, keep on board, tranship and land fishery resources
from the Regulatory Area.
2. Member States shall send the Commission, in computer-readable form, a
list of all the vessels flying their flag and registered in the Community which
are authorised to fish in the Regulatory Area, in particular the vesselsauthorised to fish directly for one or more regulated resources together withamendments to the list. This information shall be sent no later than 15
December each year or at least 5 days before the vessel enters the Regulatory
Area. The Commission shall forward the information promptly to the NEAFCsecretariat.
3. The format for transmission of the list referred to in paragraph 2 and the
specifications shall be adopted in accordance with the procedure laid down in
Article 29(2).
Article 5
Recording of catches and fishing effort
1. In addition to the information specified in Article 6 of Regulation (EEC)
No 2847/93, the masters of Community fishing vessels shall enter in theirlogbook each entry into and departure from the Regulatory Area.
2. The masters of Community fishing vessels shall keep in respect of
processed or frozen catches of the regulated resources listed in the Annex:
(a) a production logbook setting out, for each species and each processed
product, the aggregate production, or
(b) a storage plan, for each species, of the processed products, showing the
location of the processed products in the hold.
3. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 29(2).
Article 6
Reporting of catches of regulated resources
1. The masters of Community fishing vessels shall send the competent
authorities in their flag Member State a ‘catch report’ within the periodspecified in the second subparagraph.
Reports of catch of regulated resources shall include:(a) the quantities held on board when the masters of Community fishing
vessels enter the Regulatory Area. Reports shall be transmitted no earlierthan 12 hours and no later than 6 hours in advance of each entry into theRegulatory Area;
(b) weekly catches. These reports shall be transmitted for the first time no
later than the end of the seventh day following the entry of the vessel into
the Regulatory Area or, when fishing trips take more than seven days, at
the latest on Monday for catches that have been taken in the RegulatoryArea during the preceding week ending at midnight on Sunday;
(c) the quantities held on board when a vessel leaves the Regulatory Area.
These reports shall be transmitted no earlier than 8 hours and no later
than 6 hours in advance of each departure from the Regulatory Area.
They shall include, where appropriate, the number of fishing days and thecatches taken in the Regulatory Area;!B1999R2791 — EN — 01.01.2001 — 001.001 — 5
(d) the quantities loaded and unloaded for each transhipment of fish during
the vessel’s stay in the Regulatory Area. These reports shall betransmitted no later than 24 hours after the completion of transhipment.
2. Each Member State shall, upon receipt, forward catch reports by
computer transmission to the NEAFC Secretariat.
3. Catch reports shall be transmitted to the competent authorities in the
Member States for transmission to the NEAFC Secretariat.
"M1 3
4. The Member States shall record the data contained in the catch reports in
the database referred to in Article 19(2) of Regulation (EEC) No 2847/93.
5. The detailed rules for the application of this Article and in particular the
format and the specifications for the transmissions referred to in paragraph 3
shall be determined under the procedure laid down in Article 29(2).
Article 7
Global reporting of catches and fishing effort
1. Member States shall inform the Commission, by computer transmission
before the fifteenth day of each month, of the quantities of resources referredto in paragraph 3 taken in the Regulatory Area which have been landed or
transhipped during the preceding month.
2. Notwithstanding Article 3(2), this Article shall apply also to regulated
resources which have been taken in the Convention area under the jurisdictionof the Member States without prejudice to Article 15 of Regulation (EEC) No2847/93.
3. The list of resources referred to in paragraph 1 and the format for
transmission of the data shall be adopted in accordance with the procedure
laid down in Article 29(2).
Article 8
"M1 3
V essel Monitoring System (VMS)
Member States shall ensure that information obtained by the vessel
monitoring system (VMS) concerning vessels flying their flag which fish in
the Regulatory Area is transmitted electronically to the NEAFC Secretariat, in
real time, in the format and in compliance with the specifications adopted inaccordance with the procedure laid down in Article 29(2).
Article 9
Transhipments
Community fishing vessels shall engage in transhipment activities in the
Regulatory Area only if they have received prior authorisation from the
competent authorities in the Member State whose flag they are flying and inwhich they are registered.
CHAPTER 2
INSPECTION PROCEDURE
Article 10
"M1 3
General rules for inspection and surveillance
1. Member States whose fishing vessels are authorised to fish in the
Regulatory Area shall assign inspectors to the Scheme to carry out
surveillance and inspection.
2. Each Member State shall take steps to ensure that NEAFC inspectors are
able to carry out inspections on board vessels flying its flag.
3. Each Member State shall ensure that inspections carried out by its
inspectors are conducted in a non-discriminatory manner and in accordancewith the Scheme. The number of inspections shall be based on the size of the
fleets of the Contracting Parties present in the Regulatory Area, taking into
account the time spent in the Area.!B1999R2791 — EN — 01.01.2001 — 001.001 — 6
4. The Commission may assign Community inspectors to the Scheme.
Article 11 "M1 3
Means of inspection
1. Member States or, pursuant to Article 10(4), the Commission shall make
available to their inspectors adequate means to enable them to carry out their
surveillance and inspection tasks. To that end they shall assign inspection
vessels and aircraft to the Scheme.
2. The Commission shall coordinate the surveillance and inspection
activities for the Community. It may draw up, in concert with the Member
States concerned, joint operational surveillance and inspection programmes
for that purpose which will enable the Community to fulfil its obligationsunder the Scheme. The Member States whose vessels are engaged in fisherieson regulated resources shall adopt the necessary measures to facilitate the
implementation of these programmes particularly as regards the human and
material resources required and the periods and zones when these are to bedeployed.
3. Member States shall inform the Commission by 1 January 2000 of the
names of the inspectors and the inspection vessels and of the details of the
aircraft they are intending to assign to the Scheme during the following year.Using this information the Commission shall draw up, in collaboration withthe Member States, a forward plan for Community participation in the
Scheme in the calendar year concerned, which it shall send to the NEAFC
Secretariat and the Member States.
4. When drawing up operational surveillance and inspection programmes
the Commission shall ensure that, where, at any time, more than 10
Community fishing vessels are engaged in fishing activities targeted at
regulated resources in the Regulatory Area, an inspection vessel from aMember State is present in the area or that an agreement has been concludedwith another Contracting Party to ensure the presence of an inspection vessel.
5. Member States shall see to it that any vessel assigned to the Scheme and
carrying inspectors and any support vessels display a special flag or pennantto show that inspectors are carrying out an inspection under the Scheme.Aircraft assigned to the Scheme shall have their international radio call sign
clearly displayed. The form of the special flag or pennant shall be determined
in accordance with the procedure laid down in Article 29(2).
6. Member States shall inform the Commission electronically of the date
and time of the start and end of the activities of inspection vessels and aircraft,
in the form determined in accordance with the procedure laid down in Article
29(2).
Article 12
NEAFC inspectors
1. The Member States or, pursuant to Article 10(4), the Commission shall
issue a special identity document to each inspector. Inspectors shall carry and
produce this document when boarding a fishing vessel. The form of thespecial identity document shall be determined in accordance with theprocedure laid down in Article 29(2).
2. The Member States and the Commission shall ensure that inspectors
carry out their duties in accordance with the rules laid down in the Scheme.Inspectors shall remain under the operational control of their competentauthorities and shall be accountable to them.
Article 13
Surveillance procedure
1. NEAFC inspectors shall carry out surveillance based on sightings of
fishing vessels from a vessel or aircraft assigned to the Scheme. They shall
record their findings in an observation report in a form adopted in accordance
with the procedure laid down in Article 29(2) and shall forward it to theircompetent authority.!B1999R2791 — EN — 01.01.2001 — 001.001 — 7
2. Member States shall forward the observation report promptly, by
electronic transmission, to the flag State of the sighted vessel or theauthorities designated by that State, as notified by the NEAFC Secretariat, tothe NEAFC Secretariat and to the Commission. They shall also forward the
original of each observation report and any photographs to the flag State of
the vessel concerned at its request.
Article 14
Inspection procedure
1. Member States and the Commission shall ensure that their NEAFC
inspectors:
(a) do not board a vessel without prior notice being given by radio to the
vessel or without the vessel being given the appropriate signal using the
International Code Signal, including details of the inspection team;
(b) do not require the vessel that is being boarded to stop or manoeuvre
during fishing, or the shooting or hauling of fishing gear. Inspectors may,however, require the interruption or delay of the shooting of gear until
they have boarded the vessel but in any event no more than 30 minutes
after receiving the signal;
(c) see to it that an inspection does not exceed four hours or the period until
the net and catch are hauled in and inspected, whichever is longer. Where
an infringement is detected, inspectors may remain on board for the
period necessary to complete their duties as referred to in Article16(1)(b). However, in special circumstances, taking into account the sizeof the fishing vessel and the quantity of fish held on board, the duration
of the inspection may exceed the periods referred to above. In such a
situation, inspectors shall remain on board no longer than is necessary tocomplete their inspection. The reasons for exceeding the usual periodshall be recorded in the inspection report;
(d) do not interfere with the ability of masters to communicate with the
authorities of their flag State during boarding and inspection;
(e) manoeuvre at a safe distance from the fishing vessel in accordance with
the rules of good seamanship;
(f) avoid the use of force save where and to the extent that it is necessary to
ensure their safety. When conducting inspections on board fishing
vessels, inspectors shall not carry firearms;
(g) conduct their inspection in a manner such as to cause the least
disturbance or inconvenience to the vessel, its activities and catches;
(h) draw up an inspection report as provided for in the rules adopted in
accordance with the procedure laid down in Article 29(2) and forward itto their authorities.
2. Inspectors shall be authorised to examine all relevant areas, decks and
rooms of the fishing vessel, catches (whether processed or not), nets and other
gear, equipment and any relevant documents which are necessary forverifying compliance with the conservation measures adopted by the NEAFCand to question the master or a person designated by him.
3. In carrying out their inspection, inspectors may ask the master for any
assistance they may require. The master may comment on the inspectionreport, which must be signed by inspectors on completion of the inspection. Acopy of the inspection report shall be given to the master of the fishing vessel.
4. Member States shall ensure that inspection teams comprise no more than
two NEAFC inspectors.
Article 15
Obligations of masters of fishing vessels during the inspection procedure
The master of a Community fishing vessel which is being boarded and
inspected shall:
(a) facilitate safe and effective boarding;
(b) cooperate with and assist in the inspection of the fishing vessel conducted
in accordance with the procedures laid down in this Regulation, and shall!B1999R2791 — EN — 01.01.2001 — 001.001 — 8
not obstruct, intimidate or interfere with the inspectors in the perform-
ance of their duties and shall ensure their safety;
(c) permit the inspectors to communicate with the authorities of the flag
State and the inspecting State;
(d) provide access to relevant areas, decks, rooms of the vessel, catches
(whether processed or not), nets and other gear, equipment and any
relevant documents;
(e) provide inspectors with reasonable facilities, including, where appropri-
ate, food and accommodation where they remain on board the vessel in
accordance with Article 18(3);
(f) facilitate safe disembarkation by inspectors.
Article 16
Infringement procedure
1. Where NEAFC inspectors find that there are clear grounds for believing
that a fishing vessel has engaged in an activity contrary to the conservationmeasures adopted by the NEAFC, they shall:
(a) record the infringement in their inspection report;
(b) take all necessary measures to ensure the security and continuity of the
evidence. An identification mark shall be affixed securely to any part of
the fishing gear, which appears on inspection to have been used in breach
of the measures;
(c) attempt immediately to communicate with an inspector or the designated
authorities of the flag State of the inspected fishing vessel;
(d) transmit the inspection report promptly to their authorities.2. The Member State carrying out the inspection or, as appropriate, the
Commission shall notify the details of the infringement committed by the
inspected vessel, where possible during the working day following the start ofthe inspection, to the flag State of the inspected vessel and the Commission.
3. The Member State carrying out the inspection shall send the original
inspection report with supporting documents to the Commission, which shallforward them to the appropriate authorities in the flag State of the inspectedvessel with a copy to the NEAFC Secretariat.
Article 17
Follow-up in the case of infringements
1. Where a Member State is notified by another Contracting Party or
another Member State of an infringement committed by a vessel flying its
flag, it shall take prompt action in conformity with its national law to receive
and examine the evidence and conduct any further investigations necessaryfor action to be taken as a result of the infringement and, where possible,inspect the vessel.
2. Member States shall designate the appropriate authorities appointed to
receive evidence of infringements and inform the Commission of theiraddress.
Article 18
Special procedure in the event of serious infringements
1. Where NEAFC inspectors consider that there are clear grounds for
believing that a fishing vessel has committed a serious infringement, they
shall notify the flag State, their own authorities, the Commission and the
NEAFC Secretariat thereof without delay.
2. In order to preserve the evidence, inspectors shall take all necessary steps
to ensure the security and continuity of the evidence while minimising
interference with and inconvenience to the operation of the vessel.
3. Inspectors may remain on board a fishing vessel for the period necessary
to provide the duly authorised inspector with information concerning the
infringement or until receiving a reply from the flag State requesting them to
leave the fishing vessel.!B1999R2791 — EN — 01.01.2001 — 001.001 — 9
4. The Member State carrying out the inspection shall take a decision, with
the consent of the flag State, on whether the inspector remains on boardduring the re-routing of the vessel. The Member State carrying out theinspection shall decide also whether an NEAFC inspector shall be present
during the thorough inspection of the vessel in port. It shall inform the
Commission promptly of the decisions it has taken in accordance with thisparagraph.
Article 19
Follow-up in the case of serious infringements
1. Where the competent authorities in a flag Member State receive
information from an NEAFC inspector that a serious infringement issuspected to have been committed by a fishing vessel flying its flag or
where the Commission receives such information, the competent authorities
and the Commission shall inform one another thereof without delay.
2. After receiving information as provided for in paragraph 1, the flag
Member State shall ensure that the vessel is inspected within 72 hours by aduly authorised inspector.
3. The duly authorised inspector shall board the fishing vessel concerned
and examine the evidence of the suspected infringement, established by theNEAFC inspector, and forward as quickly as possible to the competent
authority in the flag Member State and the Commission the results of this
examination.
4. Following notification of the results and where the suspected infringe-
ment is a serious one, the competent authority in the flag Member State of theinspected vessel shall, if the situation so warrants it, within 24 hours, itself
require or authorise the duly authorised inspector to require the vessel to
proceed to a designated port.
Where a vessel is re-routed, the duly authorised inspector shall take all
necessary measures to ensure the security and continuity of the evidence.
5. On arrival in the designated port, the vessel suspected of having
committed an infringement shall undergo a thorough inspection under theauthority of the flag Member State and in the presence of an NEAFCinspector from any other Contracting Party which wishes to participate.
The flag Member State shall inform the Commission promptly of the outcome
of the thorough inspection and of the measures it has adopted as a result of the
infringement.
6. Where the competent authority of the flag Member State does not require
the vessel to be re-routed to a port, it shall inform the Commission withoutdelay of the reasons for its decision. The Commission shall notify the NEAFCSecretariat at the appropriate time of this decision and its justification.
7. The detailed rules for the application of this Article shall be determined
under the procedure laid down in Article 29(2).
Article 20
Treatment of inspection reports
1. Member States shall treat reports drawn up by the NEAFC inspectors of
other Contracting Parties and other Member States on the same basis asreports from its own inspectors.
2. Member States shall cooperate with the relevant Contracting Parties in
order to facilitate judicial or other proceedings in accordance with their
national law, arising from a report submitted by an inspector under theScheme.!B1999R2791 — EN — 01.01.2001 — 001.001 — 10
Article 21
Infringement reports
1. Member States shall forward to the Commission by 15 September each
year for the previous calendar year a report containing information on the
progress of proceedings relating to notified infringements of NEAFC
conservation measures. A list of the infringements shall be drawn upannually until a final decision is taken in accordance with the relevant
provisions of national law.
2. The report shall contain details of the progress of the proceedings (e.g.
case pending, under appeal, under investigation, etc.), a specific description offines or penalties (i.e. the amount of fines, the value of forfeited fish and/orgear, written warnings, etc.) and include an explanation if no action has been
taken.
Article 22
Reporting on inspection activities
Each Member State shall report to the Commission by 15 September each
year for the previous calendar year on:
(a) the number of inspections it has carried out under the Scheme specifying
the number of inspections on the vessels of each Contracting Party and,
where an infringement has been committed, the date and location of theinspection of the vessel concerned and the nature of the suspectedinfringement;
(b) the number of air hours flown on NEAFC surveillance, the number of
sightings and the number of surveillance reports that have been drawn up
together with the follow-up action that has been taken on the reports.
TITLE II
IMPLEMENTATION OF THE PROGRAMME TO PROMOTE
COMPLIANCE BY NON-CONTRACTING PARTY VESSELS
Article 23
Transmission of sighting reports
1. Upon receiving a report of the sighting of a non-Contracting Party vessel
from one of its NEAFC inspectors, the Member State concerned shall forwardthis information without delay to the NEAFC Secretariat and the Commis-sion, and where possible, to the vessel, informing it that the information will
be transmitted to its flag State.
2. The Commission shall inform all Member States promptly of each
sighting report it receives by notifying the NEAFC Secretariat or anotherContracting Party thereof.
Article 24
Transhipment
Community fishing vessels shall be prohibited from receiving transhipments
of fish from non-Contracting Party vessels.
Article 25
Monitoring/inspection of fishing activities of non-Contracting Party
vessels
1. Member States shall ensure that each non-Contracting Party vessel,
which enters a designated port within the meaning of Article 28(e)(2) ofRegulation (EEC) No 2847/93, is inspected by their competent authorities.
Until this inspection is completed, the landing and/or transhipment of the
catches of this vessel shall be prohibited.!B1999R2791 — EN — 01.01.2001 — 001.001 — 11
2. If, on completion of inspection, the competent authorities find that the
non-Contracting Party vessel is carrying on board resources, which are thesubject of a NEAFC recommendation which has been transposed intoCommunity law, the Member State concerned shall prohibit their landing
and/or transhipment.
3. However, no ban shall apply if the master of the inspected vessel or his
representative establishes to the satisfaction of the competent authorities ofthe Member State concerned that:
(a) the catch retained on board was taken outside the Regulatory Area, or(b) the catch retained on board was taken in compliance with the Community
conservation measures.
Article 26
Follow-up of inspections
1. Member States shall inform the Commission immediately of the results
of each inspection and, where appropriate, of any prohibition of landingand/or transhipment imposed as a result of the inspection.
2. The Commission shall transmit this information immediately to the
NEAFC Secretariat and as soon as possible to the flag State of the inspected
vessel.
TITLE III
FINAL PROVISIONS
Article 27
Confidentiality
In addition to the obligations laid down in Article 37 of Regulation (EEC) No
2847/93, Member States and the Commission shall comply with the rules ofconfidentiality adopted in accordance with the procedure laid down in Article29(2).
Article 28
The necessary rules to implement this Regulation as regards Articles 2(3),
4(3), 5(3), 6(5), 7(3), 8, 11 (5) and (6), 12(1), 13 (1), 14(1)(h), 19(7) and 27shall be adopted in accordance with the management procedure laid down inArticle 29(2).
Article 29
1. The Commission shall be assisted by a Management Committee for
Fisheries and Aquaculture (hereinafter referred to as ‘the Committee’).
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision
1999/468/EC shall apply. The period referred to in Article 4(3) of Decision
1999/468/EC shall be set at one month.
3. The Committee shall adopt its rules of procedure.
Article 30
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 Communities .
The provisions referred to in Articles 6(2) and (3), 8, 10 and 11 shall remain
in force on an ad hoc basis until
"M131 December 2002 3. Before
"M130 September 2002 3at the latest, the Commission will submit any
appropriate proposals providing for a definitive regime. The Council, actingin accordance with the procedure provided for in Article 37 of the Treaty,shall adopt the necessary measures by
"M131 December 2002 3at the
latest.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1999R2791 — EN — 01.01.2001 — 001.001 — 12
ANNEX
REGULATED RESOURCES
Stock
Geographical area/ICES area
(Common name) (Scientific name)
Redfish Sebastes mentella V , XII, XIV
Norwegian Spring-Spawning (Atlanto-Scandian) herring Clupea harengus I, II
Blue whiting Micromesistius poutassou IIa, IVa, Vb, VII, XII, XIV
Mackerel Scomber scombrus IIa, IVa, Vb, VI, VII, XII, XIV!B1999R2791 — EN — 01.01.2001 — 001.001 — 13