Proposal for a Council Regulation (EC) laying down certain control measures applicable in the area covered by the Convention on Future Multilateral Co-operation in the North-East Atlantic Fisheries
Date: 1999-07-12
Institutions: European Commission
Subjects: Atlantic Ocean, conservation of fish stocks, fishery management, fishing area, fishing controls

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 12.07.1999
COM(1999)345 final

99/0138 (CNS)

Proposal for a

COUNCIL REGULATION (EC)

laying down certain control measures applicable in the area covered by the
Convention on Future Multilateral Co-operation in the North-East Atlantic
Fisheries

(presented by the Commission)

EXPLANATORY MEMORANDUM

The North-East Atlantic Fisheries Commission (NEAFC), to which the European
Community is a Contracting Party, seeks to ensure the conservation and rational
management of the fishery resources in the area defined by the Convention.

At its 17th annual meeting on 17, 18, 19 and 20 November 1998, the NEAFC adopted
two recommendations on the establishment of a Scheme of control and enforcement
applicable to fishing vessels operating in the NEAFC area, and a Programme to
promote compliance by non-Contracting Party vessels, with recommendations
established by the NEAFC. The aim of the recommendations is to ensure respect for
conservation and management measures adopted by the NEAFC.

The Scheme of control and enforcement provides, in particular, for control measures
that will apply to vessels flying the flag of Contracting Parties which, operate in
NEAFC areas and arrangements for inspections at sea which, provide for reciprocal
rights of inspection of vessels by Contracting Parties together with a procedure for
monitoring infringements.

The Programme provides for the mandatory inspection of non-Contracting Party
vessels, where these vessels enter the ports of Contracting Parties voluntarily and a
ban on the landing and transhipment of fish if, in the course of such inspection, it is
established that the catches have been taken in breach of the conservation measures
adopted by the NEAFC.

The two recommendations will enter into force on 1 July 1999. They will be binding
the terms of the NEAFC Convention. The
on the Contracting Parties under
Community, as a Contracting Party, should consequently apply them.

The purpose of this proposal for a Regulation is to translate these recommendations
for use in the Community.

It lays down detailed rules for the application of the Scheme and the Programme and
establishes the Member States' primary responsibility for implementing them.

With a view, finally, to the monitoring of fishing activities in the NEAFC area, it
provides also for co-operation among Member States and between them and the
Commission.

These NEAFC measures were adopted with the full support of the Community. It is in
the Community's interest therefore that they be applied in the Community by means
of the proposed Regulation.

The Commission proposes that the Council adopt this Regulation.

2

Proposal for a

COUNCIL REGULATION (EC)

laying down certain control measures applicable in the area covered by the
Convention on Future Multilateral Co-operation 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 Commission1,

Having regard to the opinion of the European Parliament2,

(1) Whereas the Convention on Future Multilateral Co-operation in the North-East
Atlantic Fisheries, hereinafter called "the NEAFC Convention", was approved
by Council Decision 81/608/EEC of 13 July 19813 and entered into force on
17 March 1982;

(2) Whereas the NEAFC Convention provides an appropriate framework for
multilateral co-operation on the rational conservation and management of
fishery resources in the area defined by the Convention;

(3) Whereas the North-East Atlantic Fisheries Commission, at its 17th annual
meeting on 17, 18, 19 and 20 November 1998, adopted two recommendations
establishing a scheme of control and enforcement applicable to fishing vessels
jurisdiction of the
operating in areas beyond the limits of the national
Contracting Parties in the Convention area (hereinafter called "the Scheme"),
and a programme to promote compliance by non-Contracting Party vessels
with its recommendations in order to ensure full respect for conservation and
management measures adopted by the NEAFC (hereinafter called "the
Programme");

(4) Whereas 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;

1

2

3

OJ C
OJ C
OJ L 227, 12. 8.1981, p. 21.

3

(5) Whereas the Programme provides for the mandatory inspection of non-
Contracting Party vessels where they enter the ports of the Contracting Parties
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 the NEAFC;

(6) Whereas, under Articles 12 and 15 of the NEAFC Convention,

these
recommendations enter into force on 1 July 1999 and become binding on the
Contracting Parties; whereas
these
recommendations;

the Community

should

apply

(7) Whereas, in order to make it possible for Community fishing activities in the
NEAFC Regulatory Area to be monitored and to supplement
the control
measures provided for in Regulation (EEC) No 2847/93 of 12 October 1993
establishing a control system applicable to the common fisheries policy4,
certain specific control measures should be laid down, in particular as regards
participation in fishing activities, the marking of vessels and fishing gear and
their documents, the recording and reporting of catches and the transhipment
of fish;

(8) Whereas Article 2(2) 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, where such
Community obligations exist, to inspections and surveillance,
in order to
ensure compliance with Community rules applicable in those waters; whereas
provision should be made therefore that Member States whose vessels are
authorised to fish in the NEAFC Regulatory Area assign inspectors to the
Scheme to undertake monitoring and surveillance, together with adequate
resources for inspection;

(9) Whereas, in order to ensure the monitoring of fishing activities in the NEAFC
area, it is necessary that Member States co-operate with one another and with
the Commission in applying the Scheme;

(10) Whereas it

is the responsibility of Member States to ensure that

their

inspectors comply with the inspection procedures laid down by the NEAFC;

(11) Whereas the masters of Community vessels should co-operate in the
inspection of their vessels as provided for in the procedures laid down in this
Regulation;

(12) Whereas 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; whereas to that end a list of the types of action
considered to constitute serious infringements should be drawn up;

(13) Whereas detailed rules for the implementation of the Programme in the

Community should be laid down;

4

OJ L 261, 20.10.1993, p. 1.

4

(14) Whereas, under the Treaty, authority over national waters and ports is
exercised by the Member States; whereas, however, in the case of access to
Community port facilities by non-Contracting Party vessels which have been
sighted operating in the NEAFC Regulatory Area, additional uniform
measures 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) Whereas a procedure should be laid down for adopting detailed rules for the

implementation of the Scheme,

HAS ADOPTED THIS REGULATION:

Article 1

Purpose

This Regulation lays down the general rules and conditions for the application by the
Community of:

– the Scheme of control and enforcement applicable to fishing vessels operating in

areas beyond the limits of national jurisdiction in the NEAFC area;

– 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.

2.

3.

4.

5.

"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;

to
“regulated resources” are those fishery resources which are subject
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 18 of Regulation (EEC) No 3760/92;

activities" means

"fishing
transhipment of
preparation for or related to fishing in the Regulatory Area;

the
fish and fishery products and any other activity in

fish-processing

operations,

fishing,

"NEAFC inspector" means an inspector assigned by an NEAFC Contracting
Party to the Scheme;

"boarding" means the boarding of a fishing vessel by NEAFC inspectors to
carry out an inspection;

5

6.

“infringement” means any activity or omission of a fishing vessel which
gives clear grounds for suspecting that a breach of the provisions of this
Regulation and
an NEAFC
recommendation has occurred and which has been noted in an inspection
report in accordance with the Scheme;

transposing

any other

regulation

of

7.

“serious infringement” means:

a)

b)

c)

d)

e)

f)

g)

h)

i)

j)

fishing without a valid authorisation issued by the flag State;

fishing without or after exhausting a quota;

using prohibited fishing gear;

serious mis-recording of catches;

repeated failure to comply with the obligation to communicate
movements and catches;

preventing an inspector from carrying out his duties;

directed fishing for a stock which is subject to a moratorium or for
which fishing is prohibited;

falsifying or concealing the markings,
fishing vessel;

identity or registration of a

concealing, tampering with or disposing of evidence relating to an
investigation;

multiple breaches which together constitute a serious disregard of
conservation and management measures;

8.

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;

"non-Contracting Party vessel" means a vessel flying the flag of a country
which is not a Contracting Party to the NEAFC Convention and which has
been sighted and reported as engaging in fishing activities in the NEAFC
Regulatory Area and is consequently suspected of having undermined the
effectiveness of the recommendations adopted by the NEAFC.

6

Title I – Implementation of the control Scheme adopted by the NEAFC

Article 3

Scope

This Title shall apply to all Community fishing vessels used or intended for
use for the purposes of commercial fishing activities conducted on fishery
resources in the Regulatory Area.

Community fishing vessels operating in the Regulatory Area which keep on
board fish from that area shall do so in accordance with the objectives and
principles of the NEAFC Convention.

Chapter 1: Control measures

Article 4

Community participation

Only Community fishing vessels which have been issued a special fishing
permit by their flag Member State shall be authorised, on the conditions set
out in the permit, to fish, keep on board, tranship and land fishery resources
from the Regulatory Area.

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 vessels authorised
to fish for one or more regulated resources together with amendments to the
list. This information shall be sent no later than 15 December each year or at
least 30 days before the vessel enters the Regulatory Area. The Commission
shall forward the information promptly to the NEAFC secretariat.

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 18 of Regulation (EEC) No 3760/92.

1.

2.

1.

2.

3.

Article 5

Marking and documents

Community fishing vessels shall comply with the provisions relating to the marking
of and documents for fishing vessels and fishing gear defined in accordance with the
procedure laid down in Article 18 of Regulation (EEC) No 3760/92.

7

1.

2.

3.

1.

Article 6

Recording of catches and fishing effort

In addition to the information specified in Article 6 of Regulation (EEC)
No 2847/93, the masters of Community fishing vessels shall be required to
enter in their logbook each entry into and departure from the Regulatory
Area.

The masters of Community fishing vessels shall be required to keep in
respect of processed or frozen catches of the 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.

Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 18 of Regulation (EEC)
No 3760/92.

Article 7

Reporting of catches

The masters of Community fishing vessels shall send the competent
authorities in their flag Member State a "catch report" within the period
specified in paragraph 2.

Catch reports shall include:

a)

b)

c)

the quantities held on board when the masters of Community fishing
vessels enter the Regulatory Area. Reports shall be transmitted no
earlier than 12 hours and no later than 6 hours in advance of each entry
into the Regulatory Area;

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
Regulatory Area during the preceding week ending at midnight on
Sunday;

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
the catches taken in the Regulatory Area since the start of fishing or
since the last catch report;

8

d)

the quantities loaded and unloaded for each transhipment of fish during
the vessel's stay in the Regulatory Area. These reports shall be
transmitted no later than 24 hours after the completion of transhipment.

Each Member State shall, upon receipt, forward catch reports by computer
transmission to the NEAFC Secretariat.

Catch reports shall be transmitted to the competent authorities in the Member
States and the NEAFC Secretariat in accordance with the format and the
specifications determined under the procedure laid down in Article 18 of
Regulation (EEC) No 3760/92.

The Member States in the database referred to in Article 19(2) of
Regulation (EEC) No 2847/93 shall record the data contained in the catch
reports.

Article 8

Comprehensive reporting of catches and fishing effort

Member States shall inform the Commission, by computer transmission
before the fifteenth day of each month, of the quantities and regulated
resources taken in the Regulatory Area which have been landed or
transhipped during the preceding month.

this Article shall apply also to regulated
Notwithstanding Article 3(2),
resources which have been taken in the Convention area under
the
jurisdiction of the Member States without prejudice to Article 15 of
Regulation (EEC) No 2847/93.

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 18 of Regulation (EEC) No 3760/92.

2.

3.

4.

1.

2.

3.

Article 9

Vessel Monitoring System (VMS)

Member States shall ensure that information obtained by VMS concerning vessels
flying their flag which fish or are planning to 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 in accordance with the procedure laid
down in Article 18 of Regulation (EEC) No 3760/92.

9

Article 10

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 in which they are registered.

Chapter 2 – Inspection procedure

Article 11

General rules for inspection and surveillance

1.

2.

3.

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.

Each Member State shall take steps to ensure that NEAFC inspectors are able
to carry out inspections on board vessels flying its flag.

Each Member State shall ensure that inspections carried out by its inspectors
are conducted in a non-discriminatory manner and in accordance with 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.

4.

The Commission may assign Community inspectors to the Scheme.

Article 12

Means of inspection

1.

2.

3.

Member States 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.

Member States shall co-ordinate their surveillance and inspection activities.
They may draw up joint surveillance and inspection programmes for that
purpose which will enable them to fulfil their obligations under the Scheme.

Member States shall inform the Commission by 1 September each year 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 with
the 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. The Member States shall ensure that the
plan is observed.

10

4.

5.

6.

1.

2.

1.

2.

When drawing up forward plans 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 a Member State is present in the area or that an
agreement has been concluded with another Contracting Party to ensure the
presence of an inspection vessel.

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 pennant
to 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 18 of
Regulation (EEC) No 3760/92.

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 18 of Regulation (EEC) No 3760/92.

Article 13

NEAFC inspectors

identity document

The Member States or the Commission shall issue, under Article 11(4), a
to each inspector. Inspectors shall carry and
special
produce this document when boarding a fishing vessel. The form of the
special
identity document shall be determined in accordance with the
procedure laid down in Article 18 of Regulation (EEC) No 3760/92.

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 competent
authorities and shall be accountable to them.

Article 14

Surveillance procedure

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 18 of Regulation (EEC) No 3760/92 and
shall forward it to their competent authority.

Member States shall forward the observation report promptly, by electronic
transmission,
to the flag State of the sighted vessel or the authorities
designated by that State, as notified by the NEAFC Secretariat, to the
NEAFC Secretariat and to the Commission. They shall also forward the

11

original of each observation report and any photographs to the flag State of
the vessel concerned at its request.

Article 15

Inspection procedure

1.

Member States and the Commission shall ensure that
inspectors:

their NEAFC

a)

b)

c)

d)

e)

f)

g)

h)

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;

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;

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
Article 17(b). However, in special circumstances, taking into account
the size of 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 to complete their inspection. The reasons for exceeding the
usual period shall be recorded in the inspection report;

do not interfere with the ability of masters to communicate with the
authorities of their flag State during boarding and inspection;

manoeuvre at a safe distance from the fishing vessel in accordance with
the rules of good seamanship;

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;

conduct
disturbance or inconvenience to the vessel, its activities and catches;

their inspection in a manner such as to cause the least

draw up an inspection report as provided for in the rules adopted in
accordance with the procedure
laid down in Article 18 of
Regulation (EEC) No 3760/92 and forward it to 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 for verifying

12

compliance with the conservation measures adopted by the NEAFC and to
question the master or a person designated by him.

In carrying out their inspection,
inspectors may ask the master for any
assistance they may require. The master may comment on the inspection
report, which must be signed by inspectors on completion of the inspection.
A copy of the inspection report shall be given to the master of the fishing
vessel.

Member States shall ensure that inspection teams comprise no more than two
NEAFC inspectors.

3.

4.

Article 16

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)

b)

c)

d)

e)

facilitate safe and effective boarding;

co-operate with and assist
in the inspection of the fishing vessel
conducted in accordance with the procedures laid down in this
Regulation, and shall not obstruct, intimidate or interfere with the
inspectors in the performance of their duties and shall ensure their
safety;

permit the inspectors to communicate with the authorities of the flag
State and the inspecting State;

provide access to relevant areas, decks, rooms of the vessel, catches
(whether processed or not), nets and other gear, equipment and any
relevant documents;

inspectors with reasonable

provide
including, where
appropriate, food and accommodation where they remain on board the
vessel in accordance with Article 18(3);

facilities,

f)

facilitate safe disembarkation by inspectors.

Article 17

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 conservation
measures adopted by the NEAFC, they shall:

13

a)

b)

c)

record the infringement in their inspection report;

take all necessary measures to ensure the safety and survival 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;

attempt
designated authorities of the flag State of the inspected fishing vessel;

immediately to communicate with an inspector or

the

d)

transmit the inspection report promptly to their authorities.

The Member State carrying out
the
Commission, shall notify the details of the infringement committed by the
inspected vessel, where possible during the working day following the start
the inspected vessel and the
of the inspection,
Commission.

the inspection or, as appropriate,

to the flag State of

The Member State carrying out
the inspection shall send the original
inspection report with supporting documents to the Commission, which shall
forward them to the appropriate authorities in the flag State of the inspected
vessel with a copy to the NEAFC Secretariat.

Article 18

Follow-up in the case of infringements

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 to receive and examine the evidence and conduct
any further investigations necessary for action to be taken as a result of the
infringement and, where possible, inspect the vessel.

Member States shall designate the appropriate authorities appointed to
receive evidence of infringements and inform the Commission of their
address.

Article 19

Special procedure in the event of serious infringements

Where NEAFC inspectors consider that there are clear grounds for believing
that a fishing vessel has committed a serious infringement, they shall notify
the Commission and the NEAFC
the flag State,
Secretariat thereof without delay.

their own authorities,

In order to preserve the evidence, inspectors shall take all necessary steps to
the evidence while minimising
ensure the security and survival of
interference with and inconvenience to the operation of the vessel.

14

2.

3.

1.

2.

1.

2.

3.

4.

1.

2.

3.

4.

5.

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.

The Member State carrying out the inspection shall take a decision, with the
consent of the flag State, on whether the inspector remains on board during
the re-routing of the vessel. The Member State carrying out the inspection
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 this paragraph.

Article 20

Follow-up in the case of serious infringements

Where the competent authorities in a flag Member State receive information
from an NEAFC inspector that a serious infringement is suspected 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.

After receiving information as provided for in paragraph 1, the flag Member
State shall ensure that the vessel is inspected within 72 hours by a duly
authorised inspector.

The duly authorised inspector shall board the fishing vessel concerned and
examine the evidence of the suspected infringement, established by the
NEAFC inspector, and forward as quickly as possible to the competent
authority in the flag Member State and the Commission the results of this
examination.

Following notification of the results and where the suspected infringement is
a serious one, the competent authority in the flag Member State of the
inspected 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 safety and survival of the evidence.

On arrival in the designated port, the vessel suspected of having committed
an infringement shall undergo a thorough inspection under the authority of
the flag Member State and, where applicable, in the presence of an NEAFC
inspector 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.

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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 without delay
of the reasons for its decision. The Commission shall notify the NEAFC
Secretariat at the appropriate time of this decision and its justification.

Article 21

Treatment of inspection reports

Member States shall treat reports drawn up by the NEAFC inspectors of other
Contracting Parties and other Member States on the same basis as reports from its
own inspectors.

Article 22

Penalties for infringements

Article 31 of Regulation (EEC) No 2847/93 shall apply.

Article 23

Infringement reports

1.

2.

Member States shall forward to the Commission by 15 September each year
for the previous 12 months 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 up annually until a final
decision is taken in accordance with the relevant provisions of national law.

The report shall contain details of the progress of the proceedings (e.g. case
pending, under appeal, under investigation, etc.), a specific description of
fines or penalties (i.e. the amount of fines, the value of forfeited fish and/or
gear, written warnings, etc.) and include an explanation if no action has been
taken.

Article 24

Reporting on inspection activities

Each Member State shall report to the Commission by 15 September each year for the
previous 12 months on:

– 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 the inspection of the
vessel concerned and the nature of the suspected infringement;

16

– 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 25

Transmission of sighting reports

1.

2.

Upon receiving a report of the sighting of a vessel flying the flag of a non-
Contracting Party from one of its NEAFC inspectors, the Member State
concerned shall forward this information without delay to the NEAFC
Secretariat and the Commission, and where possible, to the vessel, informing
it that the information will be transmitted to its flag State.

The Commission shall inform all Member States promptly of each sighting
report it receives by notifying the NEAFC Secretariat or another Contracting
Party thereof.

Article 26

Transhipment

Community fishing vessels shall be prohibited from receiving transhipments of fish
from non-Contracting Party vessels.

Article 27

Monitoring/inspection of fishing activities of non-Contracting Party vessels

1.

2.

3.

Member States shall ensure that each non-Contracting Party vessel, which
enters a designated port within the meaning of Article 28(e)(2) of
Regulation (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.

If, on completion of inspection, the competent authorities find that the non-
Contracting Party vessel is carrying on board resources, which are the subject
of an NEAFC recommendation, the Member State concerned shall prohibit
their landing and/or transhipment.

However, no ban shall apply if the master of the inspected vessel or his
representative establishes to the satisfaction of the competent authorities of
the Member State concerned that:

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a)

b)

the resources held on board were taken outside the Regulatory Area, or

the resources held on board were taken in compliance with the NEAFC
conservation measures.

Article 28

Follow-up of inspections

1.

2.

Member States shall inform the Commission immediately of the results of
each inspection and, where appropriate, of any prohibition of landing and/or
transhipment imposed as a result of the inspection.

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 29

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 of
confidentiality adopted in accordance with the procedure laid down in Article 18 of
Regulation (EEC) No 3760/92.

Article 30

Entry into force

This Regulation shall enter into force on the seventh day following its publication in
the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at ...,

For the Council
The President

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ANNEX

Regulated resources

Stock

Geographical area/ICES area

(Common name)

(Scientific name)

Sebastes mentella

V, XII, XIV

Clupea harengus

I, II

Redfish

Norwegian

Spring-Spawning
(Atlanto-Scandian)
herring

Blue whiting

Micromesistius poutassou

IIa, IVa, Vb, VII, XII, XIV

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