Proposal for a Council Regulation 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
Date: 2009-04-02
Institutions: European Commission
Subjects: Atlantic Ocean, fishing area, fishing controls, international convention, international cooperation

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 2.4.2009 
COM(2009) 151 final 

2009/0051 (CNS) 

Proposal for a 

COUNCIL REGULATION 

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  

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EXPLANATORY MEMORANDUM 

1) 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

This  proposal  seeks  to  update  the  Community  rules  transposing  the  Scheme  of 
control  and  enforcement  adopted  by  the  North  East  Atlantic  Fisheries  Commission 
(NEAFC).120 

•  General context 

The Convention on Future Multilateral co-operation in North East Atlantic Fisheries 
to which European Community is a Contracting Party aims to ensure the long term 
conservation  and  optimum  utilisation  of  the  fishery  resources  of  the  North  East 
Atlantic area, providing sustainable, environmental and social benefits. 

For the purpose of ensuring the application of this Convention and recommendations 
adopted  by  the  North  East  Atlantic  Commission  (NEAFC),  measures  concerning 
control and enforcement relating to fisheries concerned may be adopted. The Scheme 
of control and enforcement applies to all vessels used or intended for use for fishing 
activities conducted on fishery resources in areas defined in the Convention. 

NEAFC adopted during its 25th annual meeting in 2006 a new Scheme to improve 
the control and enforcement of its recommendations'. The main change is the merge 
of  the  former  Scheme  and  the  Program  to  promote  compliance  by  non  contracting 
Party vessels. The other change is the inclusion of a new Port State Control system 
which  effectively  closes  European  ports  to  landings  of  frozen  fish,  which  have  not 
been  verified  to  be  legal  by  the  flag  State  of  the  foreign  vessel.  It  provides  new 
measures  considering  control  of  vessels  engaged  in  illegal,  unreported  and 
unregulated  (IUU)  fisheries.  The  new  Port  State  Control  Measures  were  last 
amended by a recommendation adopted by NEAFC at the 26th annual meeting. 

These Recommendations came into force in May 2007, February 2008 and January 
2009.  They  are  binding  on  the  Contracting  Parties  under  the  terms  of  the  NEAFC 
Convention.  The  Community,  as  a  Contracting  Party,  should  consequently  apply 
them. 

These  Recommendations  were  adopted  with  the  full  support  of  the  Community  in 
NEAFC.  It  is  in  the  Community's  interest  therefore  that  they  be  introduced  in 
Community law by means of the proposed regulation. 

The measures necessary for the implementation of this proposed Regulation should 
be  adopted  in  accordance  with  Council  Decision  1999/468/EC  of  28  June  1999 
laying down the procedure for the exercise of implementing powers conferred on the 
Commission. 

•  130Existing provisions in the area of the proposal 

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 

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multilateral  cooperation  in  the  north-east  Atlantic  fisheries  implemented  the  first 
Scheme  adopted  by  NEAFC  in  1998.  It  should  then  be  repealed  in  order  to 
implement the updated Scheme adopted by NEAFC in 2006. 

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 
should consequently be repealed. 

Council  Regulation  (EC)  No  1005/2008  establishing  a  Community  system  to 
prevent,  deter  and  eliminate  illegal,  unreported  and  unregulated  fishing  (the  "IUU 
Regulation"),  will  apply  from  1  January  2010.  Council  Regulation  (EC)  No 
1006/2008  concerning  authorisations  for  fishing  activities  of  Community  fishing 
vessels  outside  Community  waters  and  the  access  of  third  country  vessels  to 
Community waters establishes the obligation for Community fishing vessels to hold 
a fishing authorisation to engage in fishing activities outside Community waters. 

Certain provisions adopted by NEAFC have also been implemented into Community 
law  via  the  yearly  TAC  and  quota  Regulation  fixing  the  fishing  opportunities  and 
associated conditions for certain fish stocks and groups of fish stocks, applicable in 
Community  waters  and,  for  Community  vessels,  in  waters  where  catch  limitations 
are required. Considering that these measures are permanent, they should be part of 
the proposed Regulation. 

•  Consistency with the other policies and objectives of the Union 

This proposal is, in keeping with the general pattern of the sustainable exploitation of 
fisheries resources, in compliance with the objectives of the common fisheries policy 
and contributes to sustainable development.  

2) 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

Not applicable 

Summary of responses and how they have been taken into account 

Not applicable 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

Not applicable 

3) 

LEGAL ELEMENTS OF THE PROPOSAL 

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•  Summary of the proposed action 

Transposes into Community law the Scheme of control and enforcement adopted by 
NEAFC 

•  Legal basis 

Article 37 of the Treaty establishing the European Community 

•  Subsidiarity principle 

The  proposal  falls  under  the  exclusive  competence  of  the  Community.  The 
subsidiarity principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the principle of proportionality, for the following reason: 

The  recommendations  were  adopted  by  a  regional  fisheries  organisation.  European 
Community as a Contracting Party shall transpose in Community law. In the interests 
of clarity and transparency, they are incorporated in a Council regulation so that they 
can be better applied by the Member States and fishermen. 

•  Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason(s). 

Recommendations  adopted  by  regional  fisheries  management  organisations  are 
transposed in Council regulations. 

4) 

BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5) 

ADDITIONAL INFORMATION 

•  Simplification 

The  proposal  provides  for  simplification  of  administrative  procedures  for  public 
authorities (EU or national). 

The proposal provides for the Commission to designate a body in order to centralise 
all the procedures of reporting between Member States and the NEAFC Secretary. 

•  Repeal of existing legislation 

The adoption of the proposal will lead to the repeal of existing legislation. 

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2009/0051 (CNS) 

Proposal for a 

COUNCIL REGULATION 

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 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 (1), 

Having regard to the opinion of the European Parliament(2), 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The Convention on future multilateral cooperation in the North-East Atlantic fisheries, 
hereinafter  referred  to  as  the  NEAFC  Convention,  was  approved  by  Decision 
81/608/EEC (3) and entered into force on 17 March 1982. 

The  NEAFC  Convention  provides  for  an  appropriate  framework  for  multilateral 
cooperation on the rational conservation and management of fishery resources in the 
Area defined by the Convention. 

The North-East Atlantic Fisheries Commission at its Annual Meeting on 15 November 
2006  adopted  a  recommendation  establishing  a  scheme  of  control  and  enforcement 
(hereinafter  called  'the  Scheme')  applicable  to  fishing  vessels  operating  in  areas 
beyond  the  limits  of  the  national  jurisdiction  of  the  Contracting  Parties  in  the 
Convention  Area.  The  Scheme  was  amended  by  several  recommendations  at  the 
Annual Meetings in November 2007 and 2008. 

Under  Articles  12  and  15  of  the  NEAFC  Convention,  these  recommendations  came 
into force on 1 May 2007, on 9 February 2008 and 6 and 8 January 2009 respectively. 

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 
inspection  at  sea  which  include  inspection  and  surveillance  procedures  and 
infringement procedures which must be implemented by the Contracting Parties. 

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OJ C , , p. . 
OJ C , , p. . 
OJ L 227, 12.8.1981, p. 21. 

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(6) 

(7) 

(8) 

(9) 

The Scheme provides for a new Port State Control system which will effectively close 
European  ports  to  landings  and  transhipments  of  frozen  fish  which  have  not  been 
verified  to  be  legal  by  the  flag  State  of  fishing  vessels  flying  the  flag  of  another 
Contracting Party. 

Certain provisions adopted by NEAFC have been implemented into Community Law 
by  way  of  the  yearly  TAC  and  quotas  Regulation,  most  recently  by  Council 
Regulation (EC) No 43/2009 fixing for 2009 the fishing opportunities and associated 
conditions for certain fish stocks and groups of fish stocks, applicable in Community 
waters and, for Community vessels, in waters where catch limitations are required (4). 
For the sake of legal clarity provisions of that kind which are not of a temporary nature 
should be transferred into a new separate regulation. 

The Scheme also incorporates provisions to promote compliance by Non Contracting 
Party vessels with the conservation and enforcement measures in order to ensure full 
respect for conservation and management measures adopted by NEAFC; The NEAFC 
recommended  replacing  a  number  of  vessels  on  the  list  of  vessels  that  have  been 
confirmed  as  having  engaged  in  illegal,  unreported  and  unregulated  fisheries. 
Implementation  of  those  recommendations  in  the  Community  legal  order  should  be 
ensured. 

Article  2(2)  of  Regulation  (EEC)  No  2847/93  of  12  October  1993  establishing  a 
control  system  applicable  to  the  Common  Fisheries  Policy  (5)  provides  that  each 
Member  State  shall  ensure  that  the  activities  of  its  vessels  outside  the  Community 
waters 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;  provision  should  therefore  be  made  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. 

(10) 

In order to ensure the monitoring of fishing activities in the NEAFC Convention Area, 
it  is  necessary  that  Member  States  cooperate  with  one  another  and  with  the 
Commission and the body designated by it in applying the Scheme. 

(11) 

It is the responsibility of Member States to ensure that their inspectors comply with the 
inspection procedures laid down by the NEAFC. 

(12)  A procedure should be laid down for adopting detailed rules for the implementation of 

the Scheme. 

(13)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedure for the exercise of implementing powers conferred on the Commission (6). 
In  order  to  ensure  that  additional  measures  concerning  control  and  enforcement 
adopted by NEAFC which become obligatory for the Community can be implemented 

4 
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6 

OJ L22, 26.1.2009, p.1. 
OJ L 261, 20.10.1993, p.1. 
OJ L 184, 17.7.1999, p.23. 

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within the timeframe set out in the NEAFC Convention, amendments may be adopted 
following the same procedure. 

(14)  As this Regulation will establish new rules concerning control and enforcement in the 
NEAFC  Convention  Area,  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  should  be 
repealed.  

HAS ADOPTED THIS REGULATION: 

CHAPTER I  

General provisions 

Article 1 

Subject matter 

This  Regulation  lays  down  the  general  rules  and  conditions  for  the  application  by  the 
Community of the Scheme of control and enforcement (hereinafter, "the Scheme") adopted by 
the North-East Atlantic Fisheries Commission. 

Article 2 

Scope 

Unless  otherwise  stated,  this  Regulation  shall  apply  to  all  Community  vessels  used  or 
intended for use for fishing activities conducted on fishery resources in the Regulatory Area 
of the Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries. 

Article 3 

Definitions 

For the purpose of this Regulation the following definitions shall apply: 

(1) 

(2) 

(3) 

"Convention" means the Convention on Future Multilateral Cooperation in North-East 
Atlantic Fisheries, as amended. 

“Convention Area” means the waters of the Convention Area as defined in Article 1(1) 
of the Convention; 

“Regulatory  Area”  means  the  waters  of  the  Convention  Area,  which  lie  beyond  the 
waters under the fisheries jurisdiction of Contracting Parties; 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

(13) 

"Contracting Parties" means the Contracting Parties to the Convention; 

"NEAFC" means the North-East Atlantic Fisheries Commission; 

“fishing  activities”  means  fishing,  including  joint  fishing  operations,  fish  processing 
operations,  the  transhipment  or  landing  of  fish  or  fish  products  and  any  other 
commercial activity in preparation for or related to fishing;  

“fishery resources” are those referred to in Article 1(2) of the Convention; 

“regulated 
those 
recommendations under the Convention and are listed in the Annex; 

resources”  are 

resources  which  are 

fishery 

subject 

to 

“fishing  vessel”  means  any  vessel  used  or  intended  for  use  for  the  purposes  of  the 
commercial  exploitation  of  fishery  resources,  including  fish  processing  vessels  and 
vessels engaged in transhipment; 

“non-Contracting Party vessel” means any fishing vessel not flagged in a Contracting 
Party  of  NEAFC,  including  vessels  for  which  there  are  reasonable  grounds  for 
suspecting them to be without nationality; 

“joint  fishing  operation  “  means  any  operations  between  two  or  more  vessels  where 
catch is taken from the fishing gear of one fishing vessel to another; 

“transhipment operation” means the transfer, over the side, of any quantity of fishery 
resources or products thereof retained on board, from one fishing vessel to another; 

“port” means any place used for landing or a place close to the shore designated by a 
Contracting Party for transhipping of fishery resources; 

(14)  "Fisheries  Monitoring  Centre"  (FMC)  means  an  operational  centre  established  by  a 
Member State and having the technical capacity to monitor remotely fishing vessels, 
to  collect,  store,  validate  and  cross-check 
the  data  received  via  different 
communication systems and make the information available, as appropriate, to the flag 
State inspection services or coastal. 

Article 4 

Contact points 

1. 

2. 

Member States shall designate the competent authority which shall act as the contact 
point for the purposes of receiving surveillance and inspection reports in accordance 
with  Articles  12,  19,  20  and  27  and  for  receiving  notifications  and  issuing 
authorisations in accordance with Articles 24 and 25.  

Contact  points  for  receiving  notifications  and  issuing  authorisations  in  accordance 
with Articles 24 and 25 shall be available 24 hours a day.  

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3. 

4. 

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1. 

Member States shall send to the Commission or to a body designated by it and to the 
NEAFC  Secretary  the  telephone  number,  e-mail  address  and  fax  number  of  the 
designated contact point.  

Any subsequent changes to the information concerning contacts points referred to in 
paragraphs  1  and  3  shall  be  notified  to  the  Commission  or  a  body  designated  by  it 
and to the NEAFC Secretary at least fifteen days before the change shall come into 
force. 

The format for transmission of the information referred to in paragraphs 1 and 3 shall 
be established in accordance with the procedure referred to in Article 47(2). 

CHAPTER II  

Monitoring Measures 

Article 5 

Community participation 

Member States shall send to the Commission, in a computer-readable form, a list of 
all 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  directly  for 
one  or  more  regulated  resources  together  with  any  amendments  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 NEAFC Secretary. 

2. 

The format for transmission of the list referred to in paragraph 1 shall be adopted in 
accordance with the procedure referred to in Article 47(2). 

Article 6 

Marking of gear 

1. 

2. 

Member  States  shall  ensure  that  gear  used  by  its  fishing  vessels  in  the  Regulatory 
Area is marked in accordance with Regulation (EC) No 356/2005 (7). 

Member  States  may  remove  and  dispose  of  fixed  gear  that  is  not  marked  in 
accordance  with  paragraph  1  or  in  any  other  way  contravenes  recommendations 
adopted by NEAFC as well as fish that is found in the gear. 

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Article 7 

Retrieval of lost gear  

Community fishing vessels fishing with fixed gear shall have equipment on board to 
retrieve lost gear. 

A vessel that has lost fixed gear shall attempt to retrieve it as soon as possible. 

If the lost gear cannot be retrieved the master of the vessel shall notify the competent 
authority in its flag Member State within 24 hours of the loss of the following: 

(a) 

the name and call sign of the vessel; 

(b) 

the type of lost gear; 

(c) 

the time when the gear was lost; 

(d) 

the position where the gear was lost; 

(e) 

if the vessel has tried to retrieve the gear. 

The  competent  authority  shall  without  delay  send  information  given  pursuant  to 
paragraph 3 to the Commission or to a body designated by it which shall promptly 
forward it to the NEAFC Secretary. 

Member States shall on a regular basis undertake to retrieve lost gears belonging to 
vessels flying their flag. If gear is retrieved that has not been reported by the master 
as  lost,  the  Member  State  that  retrieved  the  gear  may  recover  the  cost  from  the 
master of the vessel that has lost the gear. 

1. 

2. 

3. 

4. 

5. 

Article 8 

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  keep  a  bound  paginated 
fishing logbook and shall record in it the following : 

(a) 

(b) 

each entry into and exit from the Regulatory Area, 

on a daily basis and/or for each haul the estimated cumulative catches retained 
on board since the last entry into the Regulatory Area, 

(c) 

on a daily basis and/or for each haul the amount of fish discarded. 

2. 

The masters of Community fishing vessels engaged in fishing activities conducted on 
regulated resources which process and/or freeze their catch shall : 

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(a) 

(b) 

record their cumulative production by species and product form in a production 
logbook, and 

stow  in  the  hold  all  processed  catch  in  such  a  way  that  the  location  of  each 
species can be identified from a stowage plan maintained on board the fishing 
vessel. 

3. 

By way of derogation from paragraph 1, Member States may exempt from keeping a 
fishing  logbook  a  vessel  engaged  in  transhipment  operations  which  on-loads 
quantities  on  board.  Vessels  benefiting  from  this  derogation  shall  specify  in  the 
stowage plan the location in the hold of frozen fish referred to in Article 14(1) and 
record in a production logbook: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the  date  and  time  according  to  the  Universal  Time  Coordinated  (UTC)  of 
transmission of a report referred to in Article 9; 

in case of radio transmission, the name of the radio station through which the 
report is transmitted; 

the date and time (UTC) of transhipment operation; 

the location (latitude/longitude) of the transhipment operation; 

the quantities of each species on-loaded; 

the name and international radio call sign of the fishing vessel from which the 
catch has been off-loaded. 

4. 

Detailed rules for the application of this Article shall be adopted in accordance with 
the procedure referred to in Article 47(2). 

Article 9  

Reporting of catches of regulated resources 

1. 

The masters of Community fishing vessels engaged in fishing activities conducted on 
regulated  resources  shall  communicate  catch  reports  by  electronic  means  to  their 
Fisheries  Monitoring  Centre.  These  data  shall  be  accessible  to  the  Commission  on 
request. Reports shall include the following: 

(a) 

(b) 

reports  on  the  quantities  held  on  board  when  entering  the  Regulatory  Area. 
Such reports shall be transmitted no earlier than 12 hours and no later than 2 
hours in advance of each entry into the Regulatory Area; 

reports on weekly catches. Such 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 7 days, at least on 
Monday  noon  for  catches  taken  in  the  Regulatory  Area  during  the  preceding 
week  ending  at  midnight  on  Sunday.  This  report  shall  include  the  number  of 
fishing days since the commencement of fishing, or since the last catch report; 

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(c) 

(d) 

reports  on  catches  on  board  when  exiting  the  Regulatory  Area.  Such  reports 
shall be transmitted no earlier than 8 hours and no later than 2 hours in advance 
of  each  departure  from  the  Regulatory  Area.  It  shall  include,  where 
appropriate, the number of fishing days and the catch taken in the Regulatory 
Area since the commencement of fishing, or since the last catch report; 

reports on the quantities on-loaded and off-loaded for each transhipment of fish 
and the catch taken on board in joint fishing operations during the vessel's stay 
in the Regulatory Area. Such reports shall be transmitted no later than 24 hours 
after the completion of the transhipment or joint fishing operation. 

Member States  shall, upon receipt, forward  catch reports by computer transmission 
to the NEAFC Secretary. 

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. 

The detailed rules for the application of this Article and in particular the format and 
the  specifications  for  the  transmissions  shall  be  determined  under  the  procedure 
referred to in Article 47(2). 

Article 10  

Global 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  of  resources  taken  in  the  Regulatory 
Area by vessels flying their flag, which have been landed or transhipped during the 
preceding month. 

Without  prejudice  to  Article  15  of  Regulation  (EEC)  No  2847/93,  Member  States 
shall also inform the Commission, by computer transmission before the fifteenth day 
of each month, of the quantities of regulated resources taken in Community waters of 
the  Convention  Area  by  vessels  flying  their  flag,  which  have  been  landed  or 
transhipped during the preceding month. 

The list of resources to be notified in accordance with paragraph 1 and the format for 
transmission of the data in accordance with paragraphs 1 and 2 shall be adopted in 
accordance with the procedure referred to in Article 47(2). 

The  Commission  shall  compile  the  data  referred  to  in  paragraphs  1  and  2  for  all 
Member  States  and  forward  those  data  to  the  NEAFC  Secretary  within  30  days 
following the calendar month in which the catches were landed or transhipped. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

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Article 11 

Vessel Monitoring System  

Member  States  shall  ensure  the  automatic  and  electronic  transmission  to  the  NEAFC 
Secretary of information obtained by the vessel monitoring system (VMS) concerning vessels 
flying their flag which fish in the Regulatory Area, in the format and in compliance with the 
specifications adopted in accordance with the procedure referred to in Article 47(2). 

Article 12 

Communication of information 

1. 

2. 

1. 

2. 

3. 

Member  States  shall  communicate  the  reports  and  the  information  referred  to  in 
Articles 9 and 11 without delay. However in the event of technical malfunction, such 
reports and information shall be transmitted to the NEAFC Secretary within 24 hours 
of  receipt.  Member  States  shall  ensure  that  all  reports  and  messages  forwarded  by 
them are sequentially numbered. 

Member  States  shall  ensure  that  the  reports  and  information  transmitted  to  the 
NEAFC  Secretary  are  in  accordance  with  the  data  exchange  formats  and  protocols 
set out in accordance with the procedure referred to in Article 47(2). 

Article 13 

Transhipments and joint fishing operations 

Community fishing vessels shall engage in transhipment activities in the Regulatory 
Area only if they have received prior authorisation from the competent authorities in 
their flag Member State. 

Community  fishing  vessels  may  only  engage  in  transhipment  operations  or  joint 
fishing operations with vessels flying the flag of a Contracting Party and vessels of a 
non-Contracting  Party  granted  the  status  of  co-operating  non  Contracting  Party  by 
NEAFC. 

Community  fishing  vessels  engaged  in  transhipment  operations  which  on-load 
quantities on board shall not engage in other fishing activities, including joint fishing 
operations, during the same trip, with the exception of fish processing operations and 
landings. 

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Article 14  

Separate stowage 

1. 

2. 

Community fishing vessels, which carry onboard frozen fishery resources caught in 
the Convention Area by more than one fishing vessel, may stow the fish from each of 
those vessels in more than one part of the hold but shall keep it clearly separate, in 
particular by plastic, plywood or netting, from fish caught by other vessels. 

All  catches  taken  inside  the  Convention  Area  shall  be  stowed  separately  from  all 
catches taken outside the area. 

Article 15 

Labelling of frozen fish 

When frozen all fish caught in the Convention Area shall be identified with a clearly legible 
label or stamp. The label or stamp, which shall be placed at time of stowage on each box or 
block  of  frozen  fish,  shall  indicate  the  species,  production  date,  the  ICES  sub-area  and 
division where the catch was taken and the name of the vessel which caught the fish.  

CHAPTER III  

Inspections at sea 

Article 16  

NEAFC inspectors 

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. 

Member States shall issue a special identity document to each inspector The form of 
this  document  shall  be  determined  in  accordance  with  the  procedure  referred  to  in 
Article 47(2). 

Each inspector shall carry and produce the special identity document when boarding 
a fishing vessel. 

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Article 17 

General provisions for inspection and surveillance  

The  Commission  or  a  body  designated  by  it  shall  coordinate  the  surveillance  and 
inspection activities for the Community and shall draw up each year, in concert with 
the Member States concerned, a joint deployment plan for Community participation 
in the Scheme in the following year. 

Where at any time more than 10 Community fishing vessels are engaged in fishing 
activities targeted at regulated resources in the Regulatory Area, the Commission or a 
body designated by it shall, during that time, ensure that 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.  

The  Commission  or  a  body  designated  by  it  shall  determine  the  number  of 
inspections based upon Community fleet size, taking into account the time spent by 
Community fishing vessels in the Regulatory Area.  

The  Commission  or  a  body  designated  by  it  shall  aim  at  ensuring  equal  treatment 
between all Contracting Parties with fishing vessels operating in the Regulatory Area 
through an equitable distribution of inspections. 

Member States shall ensure that inspections carried out by their inspectors shall be 
carried out in a non-discriminatory manner and in accordance with the Scheme. 

Member  States  shall  take  steps  to  ensure  that  NEAFC  inspectors  from  another 
Contracting  Party  shall  be  allowed  to  carry  out  inspections  on  board  vessels  flying 
their flag. 

Inspectors  shall  avoid  the  use  of  force  except  when  and  to  the  degree  necessary  to 
ensure the safety of the inspectors. When carrying out inspections on board fishing 
vessels, inspectors shall not carry any fire-arms. 

Inspectors shall avoid any interference with or inconvenience to the fishing vessel, its 
activities and the catch retained on board, except when and to the degree necessary to 
carry out their mandates. 

Article 18 

Means of inspection 

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 aircrafts to the Scheme. 

The Commission or a body designated by it shall send to NEAFC Secretary before 1 
January each year details of the plan, the names of the NEAFC inspectors and special 
inspection vessels as well as the types of aircraft and the details of their identification 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

1. 

2. 

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15 

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3. 

4. 

1. 

(registration  number,  name,  radio  call-sign)  which  Member  States  are  assigning  to 
the  Scheme  during  that  year.  This  information  shall  be  extracted  from  the  list 
referred to in Article 6 of Regulation (EC) No 1042/2006. Member States shall send 
modifications of this list to the Commission or a body designated by it which shall 
forward information giving one month's notice before the change come into force to 
the NEAFC Secretary and the other Member States. 

Any vessel assigned to the Scheme and carrying  NEAFC inspectors, as well  as the 
boarding  craft  deployed  by  that  vessel  shall  display  the  NEAFC  inspection  special 
signal  to  indicate  that  inspectors  on  board  may  carry  out  inspection  duties  in 
accordance  with  the  Scheme.  Aircraft  assigned  to  the  Scheme  shall  have  their 
international radio call sign clearly displayed. The form of the special signal shall be 
determined in accordance with the procedure referred to in Article 47(2). 

The  Commission  or  a  body  designated  by  it  shall  keep  a  record  for  the  assigned 
Community  inspection  vessels  and  aircraft  of  the  date  and  hour  of  the  start  and 
termination  of  their  duties  under  the  Scheme  as  set  out  in  the  form  determined  in 
accordance  with  the  procedure  referred  to  in  Article  47(2).  The  Commission  or  a 
body designated by it shall notify this information to the NEAFC Secretary. 

Article 19 

Surveillance procedure 

Surveillance  shall  be  based  on  sightings  of  fishing  vessels  by  NEAFC  inspectors 
from a vessel or aircraft assigned to the Scheme. NEAFC inspectors shall forward a 
copy of each sighting report per vessel without delay by electronic transmission, in 
the form set out in accordance with the procedure referred to in Article 47(2) to the 
flag State of the vessel concerned, to the Commission or a body designated by it and 
to NEAFC Secretary. A hard copy of each sighting report and any photographs shall 
be forwarded on request to the flag State of the vessel concerned. 

2. 

They shall record their sightings in a surveillance report using a form established in 
accordance with the procedure referred to in Article 47(2). 

Article 20 

Inspection procedure 

1. 

2. 

Inspectors shall not conduct boarding without prior notice by radio being sent to the 
fishing vessel or without the fishing vessel being given the appropriate signal using 
the  International  Code  of  Signals,  including  the  identity  of  the  inspection  platform, 
whether or not such notice is acknowledged as received. 

Inspectors shall have the authority to examine all relevant areas, decks and rooms of 
the fishing vessels, catch (whether processed or not), nets or other gear, equipment, 
and  any  relevant  documents  which  they  deem  necessary  to  verify  the  compliance 

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16 

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3. 

4. 

5. 

6. 

7. 

8. 

9. 

with  the  measures  established  by  NEAFC  and  to  question  the  master  or  a  person 
designated by the master. 

The  fishing  vessel  to  be  boarded  shall  not  be  required  to  stop  or  manoeuvre  when 
fishing, shooting or hauling. The inspectors may order the interruption or delay in the 
hauling of the fishing gear until they have boarded the fishing vessel and in any event 
no more than 30 minutes after receiving the signal referred to in paragraph 1. 

Masters of inspection platforms shall ensure that they manoeuvre at a safe distance 
from the fishing vessels according to good seamanship. 

Inspectors  may  instruct  a  fishing  vessel  to  delay  its  entry  into  or  exit  from  the 
Regulatory Area for up to 6 hours from the time of transmission by the fishing vessel 
of the reports referred to in Article 9(1)(a) and (c).  

The duration of an inspection shall not exceed 4 hours, or until the net is hauled in 
and  the  net  and  catch  are  inspected,  whichever  is  longer.  In  the  case  of  an 
infringement being detected the inspectors may stay on board for the time necessary 
for the completion of measures provided for in Article 29(1)(b). 

In special circumstances relating to the size of a fishing vessel, and the quantities of 
fish retained on board, the duration of the inspection may exceed the limits laid down 
in paragraph 6. In such a situation, inspectors shall in no case stay longer on board 
the fishing vessel than the time required to complete the inspection. The reasons for 
exceeding  the  limit  laid  down  in  paragraph  6  shall  be  recorded  in  the  inspection 
report referred to in paragraph 9. 

No  more  than  two  inspectors  as  assigned  by  Member  States  shall  board  a  fishing 
vessel  of  another  Contracting  Party.  In  carrying  out  their  inspection,  the  inspectors 
may request of the master any assistance required. Inspectors shall not interfere with 
the master’s ability to communicate with the authorities of the flag State during the 
boarding and inspection. 

Each  inspection  shall  be  documented  by  completing  an  inspection  report  in  the 
format  established  in  accordance  with  the  procedure  referred  to  Article  47(2).  The 
inspection report may be commented upon by the master and shall be signed by the 
inspectors at the end of the inspection. A copy of the inspection report shall be given 
to  the  master  of  the  fishing  vessel.  A  copy  of  each  inspection  report  shall  be 
transmitted  without  delay  to  the  Commission  or  a  body  designated  by  it.  The 
Commission or a body designated by it shall forward it promptly to the flag State of 
the inspected vessel and to the NEAFC Secretary. The original or a certified copy of 
each inspection report shall be forwarded on request to the flag State of the inspected 
vessel. 

Article 21 

Obligation of the vessel master during the inspection procedure 

The master of a fishing vessel shall:  

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17 

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(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

facilitate  prompt  and  safe  boarding  and  disembarkation  pursuant 
to 
specifications adopted in accordance with the procedure referred to in Article 
47(2); 

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

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

provide  access  to  any  areas,  decks  and  rooms  of  the  fishing  vessel,  catch 
(whether  processed  or  not),  nets  or  other  gear,  equipment,  and  any  relevant 
information or documents which the inspector deems necessary in accordance 
with Article 20(2); 

provide copies of documents as required by the inspector ; and 

provide  inspectors  with  reasonable  facilities,  including,  where  appropriate, 
food and accommodation where they remain on board the vessel in accordance 
with Article 32(3). 

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CHAPTER IV 

Port State Control of fishing vessels flying the flag of another 
Contracting Party 

Article 22 

Scope 

Without  prejudice  to  Regulation  (EEC)  No  2847/93  and  to  Council  Regulation  (EC)  No 
1005/2008  establishing  a  Community  system  to  prevent,  deter  and  eliminate  illegal, 
unreported  and  unregulated  fishing  (the  "IUU  Regulation"),  the  provisions  set  out  in  this 
Chapter shall apply to landing or transhipping in ports of Member States of fishery resources 
frozen after being caught in the Convention Area by fishing vessels flying the flag of another 
Contracting Party. 

Article 23 

Designated ports 

Member  States  shall  designate,  and  notify  the  Commission  of,  ports  or  places  close  to  the 
shore where landings or transhipment operations of fishery products, referred to in Article 22, 
and port services are permitted. The Commission shall notify the NEAFC Secretary of these 
places and of any changes to the list of ports designated at least fifteen days before the change 
shall come into force.  

Landings  and  transhipments  of  fish  frozen  after  being  caught  in  the  Convention  Area  by 
fishing vessels flying the flag of another Contracting Party shall only be allowed in designated 
ports. 

Article 24 

Prior notice of entry into port 

1. 

By  way  of  derogation  from  Article  28e(1)  of  Regulation  (EEC)  No  2847/93,  the 
masters  of  all  fishing  vessels  or  their  representative,  carrying  fish  referred  to  in 
Article  22  of  this  Regulation,  intending  to  call  into  a  port  to  land  or  tranship  shall 
notify the competent authorities of the Member State of the port they wish to use at 
least three working days before the estimated time of arrival.  

However a Member State may make provision for another notification period, taking 
into account, in particular, the distance between the fishing grounds and its ports. In 

EN 

19 

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2. 

3. 

4. 

5. 

1. 

such a case, the Member State shall inform without delay the Commission or a body 
designated by it and the NEAFC Secretary. 

Masters  or  their  representative  may  cancel  a  prior  notification  by  notifying  the 
competent authorities of the port they wish to use no later than 24 hours before the 
notified estimated time of arrival in the port.  

However,  a  Member  State  may  make  provision  for  another  notification  period  for 
cancellation.  In  such  a  case,  the  Member  State  shall  inform  without  delay  the 
Commission or a body designated by it and the NEAFC Secretary. The notification 
shall  be  accompanied  by  a  copy  of  the  original  notification  form  with  the  word 
"CANCELLED" written across it. 

The  competent  authorities  of  the  port  Member  State  shall  forward  a  copy  of  the 
notification referred to in paragraphs 1 and 2  without  delay  to  the  flag  State  of  the 
fishing  vessel  and  to  the  flag  State  or  States  of  donor  vessels  when  the  vessel  has 
engaged  in  transhipment  operations.  A  copy  of  the  notification  referred  to  in 
paragraph 1 and 2 shall also be forward to the Commission or a body designated by it 
which shall send it to the NEAFC Secretary without delay. 

The port Member State shall prohibit the entry into its ports of vessels that have not 
given the required prior notice of entry into port. 

The detailed rules for the application of this Article and in particular the format and 
the  specifications  for  the  notification  shall  be  determined  in  accordance  with  the 
procedure referred to in Article 47(2). 

Article 25 

Authorisation to land or tranship  

The flag State of the fishing vessel intending to land or tranship, or where the vessel 
has engaged in transhipment operations outside Community waters, the flag State or 
States of donor vessels, shall, by returning a copy of the prior notification referred to 
in Article 24, confirm that: 

(a) 

(b) 

(c) 

(d) 

the fishing vessels which declared to have caught the fish had sufficient quota 
for the species declared; 

the quantities of fish on board have been duly reported and taken into account 
for the calculation of any catch or effort limitations that may be applicable; 

the fishing vessels declared to have caught the fish had authorisation to fish in 
the areas declared; 

the  presence  of  the  vessels  in  the  area  of  catch  declared  has  been  verified 
according to VMS data. 

2. 

Landing or transhipment operations may only commence after authorisation has been 
given by the competent authorities of the port Member State. Such authorisation shall 

EN 

20 

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3. 

4. 

5. 

1. 

2. 

3. 

4. 

only be given if the confirmation from the flag State referred to in paragraph 1 has 
been received. 

By  way  of  derogation  from  paragraph  2  the  competent  authorities  of  the  port 
Member  State  may  authorise  all  or  part  of  a  landing  in  the  absence  of  the 
confirmation  referred  to  in  paragraph  1  but  in  such  cases  shall  keep  the  fish 
concerned in storage under their control. The fish shall only be released to be sold, 
taken over or transported once the confirmation referred to in paragraph 1 has been 
received. If the confirmation has not been received within 14 days of the landing the 
competent  authorities  of  the  port  Member  State  may  confiscate  and  dispose  of  the 
fish in accordance with national rules. 

The competent authorities of the port Member State shall notify without delay to the 
master their decision on whether or not to authorise the landing or transhipment and 
inform the Commission or a body designated by it which shall forward the decision 
to the NEAFC Secretary. 

The  detailed  rules  for  the  application  of  this  Article  shall  be  determined  in 
accordance with the procedure referred to in Article 47(2). 

Article 26 

Port inspections 

Member  States  shall  carry  out  inspections  of  at  least  15%  of  landings  or 
transhipments in its ports during each reporting year.  

Inspections shall involve the monitoring of the entire discharge or transhipment and 
include a cross-check between the quantities by species recorded in the prior notice 
of landing and the quantities by species landed or transhipped. When the landing or 
transhipment  is  completed,  the  inspector  shall  verify  and  note  the  quantities  by 
species of fish remaining on board.  

National inspectors shall make all possible efforts to avoid unduly delaying a vessel 
and ensure that the vessel suffers the minimum interference and inconvenience and 
that degradation of the quality of the fish is avoided. 

The  port  Member  State  may  invite  inspectors  of  other  Contracting  Parties  to 
accompany  their  own  inspectors  and  observe  the  inspection  of  landings  or 
transhipment operations of fishery resources caught by fishing vessels flying the flag 
of another Contracting Party. 

Article 27 

Inspection reports 

1. 

Each  inspection  shall  be  documented  by  completing  an  inspection  report  using  the 
form established in accordance with the procedure referred to in Article 47(2).  

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2. 

3. 

The inspection report may be commented upon by the master and shall be signed by 
the  inspector  and  the  master  at  the  end  of  the  inspection.  A  copy  of  the  inspection 
report shall be given to the master of the fishing vessel. 

A copy of each inspection report shall be transmitted without delay to the flag State 
of the inspected fishing vessel and to the flag State or States of donor vessels where 
the  vessel  has  engaged  in  transhipment  operations,  to  the  Commission  or  a  body 
designated by it and to the NEAFC Secretary. The original or a certified copy of each 
inspection  report  shall  be  forwarded  on  request  to  the  Flag  State  of  the  inspected 
vessel. 

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CHAPTER V 

Infringements 

Article 28 

Scope 

Without prejudice to Regulation (EEC) No 2847/93 and to Regulation (EC) No 1005/2008 the 
provisions  set  out  in  this  Chapter  shall  apply  to  Community  fishing  vessels  and  to  fishing 
vessels  flying  the  flag  of  another  Contracting  Party  used  or  intended  for  use  for  fishing 
activities conducted on fishery resources in the Regulatory Area. 

Article 29 

Infringement procedures 

1. 

Where inspectors find that there are clear grounds for believing that a fishing vessel 
has engaged in any activity contrary to the measures adopted by NEAFC they shall: 

(a) 

(b) 

(c) 

(d) 

note the infringement in the report referred to in articles 19(2), 20(8) or 27; 

take all necessary measures to ensure security and continuity of the evidence. 
An identification mark may be affixed securely to any part of the fishing gear 
which  appears  to  the  inspector  to  have  been  in  contravention  of  applicable 
measures; 

immediately attempt to communicate with an inspector or designated authority 
of the flag State of the inspected fishing vessel; 

transmit  the  inspection  report  promptly  to  the  Commission  or  a  body 
designated by it. 

2. 

3. 

The  Member  State  carrying  out  the  inspection  shall  communicate  in  writing  the 
details  of  the  infringement  to  the  designated  authorities  of  the  flag  State  of  the 
inspected  vessel  and  to  the  Commission  or  a  body  designated  by  it  where  possible 
during the working day following the start of the inspection. 

The Member State carrying out the inspection shall send without delay the original of 
the surveillance or inspection report with any supporting documents to the competent 
authorities  of the  flag  State  of the inspected fishing vessel as well as a copy to the 
Commission  or  a  body  designated  by  it  which  shall  forward  a  copy  to  the  NEAFC 
Secretary. 

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Article 30 

Follow up in the case of infringement 

1. 

2. 

Where a Member State is notified by another Contracting Party or another Member 
State  of  an  infringement  committed  by  a  fishing  vessel  flying  its  flag,  it  shall  take 
prompt  action  in  conformity  with  its  national  law  to  receive  and  consider  the 
evidence of the infringement and conduct any further investigation necessary for the 
follow  up  to  the  infringement  and,  whenever  possible,  inspect  the  fishing  vessel 
concerned. 

Member  States  shall  designate  the  appropriate  authorities  appointed  to  receive 
evidence of infringement and shall inform the Commission or a body designated by it 
of  the  address  of  those  authorities  and  of  any  change  in  these  information.  The 
Commission or a body designated by it shall subsequently forward the information to 
the NEAFC Secretary. 

Article 31 

Serious infringements 

For the purpose of this Regulation, the following infringements shall be considered as serious: 

(a) 

(b) 

(c) 

fishing without a valid authorisation issued by the flag State; 

fishing without or after attainment of a quota;  

use of prohibited fishing gear; 

(d) 

serious mis-recording of catches; 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

repeated failure to comply with the provisions of Articles 9 and 11; 

landing  or  transhipping  in  a  port  not  designated  in  accordance  with  the 
provisions of Article 23; 

failure to comply with the provisions of Article 24; 

landing or transhipment without authorisation of the port State as referred to in 
Article 25; 

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,  identity  or  registration  of  a  fishing 
vessel; 

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(l) 

concealing, 
investigation; 

tampering  with  or  disposing  of  evidence  relating 

to  an 

(m)  multiple  violations  which 

together  constitute  a  serious  disregard  of 

conservation and management measures; 

(n) 

(o) 

engaging  in  transhipment  or  joint  fishing  operations  with  vessels  of  a  non-
Contracting  Party  which  has  not  been  accorded  the  status  of  a  co-operating 
non-Contracting Party by NEAFC; 

supplying  any  provisions,  fuel  or  other  services  to  vessels  that  have  been 
placed on the lists referred to in Article 44. 

Article 32 

Follow up in the case of serious infringements 

1. 

2. 

3. 

1. 

If  an  inspector  considers  that  there  are  clear  grounds  for  believing  that  a  fishing 
vessel  has  committed  a  serious  infringement  under  Article  31,  that  inspector  shall 
promptly notify that infringement to the Commission or a body designated by it, the 
appropriate  authorities  of  the  flag  State  of  the  inspected  fishing  vessel  and  the  flag 
State  or  States  of  donor  vessels  where  the  inspected  vessel  has  engaged  in 
transhipment operations, in accordance with Article 29(3) with a copy to the NEAFC 
Secretary.  

In order to preserve the evidence, the inspector shall take all necessary measures to 
ensure  the  security  and  continuity  of  the  evidence  whilst  minimising  interference 
with and inconvenience to the operation of the vessel. 

The  inspector  is  entitled  to  remain  on  board  the  fishing  vessel  for  the  period 
necessary to provide information on the infringement to the duly authorised inspector 
referred to in Article 33, or until receiving a reply from the flag State requesting the 
inspector to leave the fishing vessel. 

Article 33 

Follow up in the case of serious infringements by a Community fishing vessel 

Flag  Member  States  shall  respond  to  the  notification  referred  to  in  Article  32(1) 
without delay and shall ensure that the fishing vessel concerned is inspected within 
72  hours  by  an  inspector  duly  authorised  in  relation  to  the  infringement.  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  the  results  of  the  examination  as  quickly  as  possible  to  the  competent 
authority in the flag Member State and the Commission or a body designated by it. 

2. 

Following  notification  of  the  results,  Flag  Member  States  shall,  if  evidence  so 
warrants, require the fishing vessel to proceed immediately and in any case within 24 

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3. 

4. 

5. 

6. 

7. 

1. 

2. 

hours to a port designated by that flag Member State for a thorough inspection under 
its authority. 

The flag Member State may authorise the inspecting State to bring the fishing vessel 
without delay to a port designated by the flag Member State. 

If  the  fishing  vessel  is  not  called  to  port,  flag  Member  States  must  provide  due 
justification in a timely manner to the Commission or a body designated by it and to 
the inspecting State. The Commission or a body designated by it shall forward such 
justification to the NEAFC Secretary. 

Where  a  fishing  vessel  is  required  to  proceed  to  port  for  a  thorough  inspection 
pursuant  to  paragraphs  2  or  3,  a  NEAFC  inspector  from  another  Contracting  Party 
may, subject to the consent of the flag Member State of the fishing vessel, board and 
remain  on  board  the  fishing  vessel  as  it  is  proceeding  to  port,  and  may  be  present 
during the inspection of the fishing vessel in port. 

Flag  Member  States  shall  inform  the  Commission  or  a  body  designated  by  it 
promptly  of  the  outcome  of  the  thorough  inspection  and  of  the  measures  it  has 
adopted as a result of the infringement. 

The  detailed  rules  for  the  application  of  this  Article  shall  be  determined  under  the 
procedure referred to in Article 47(2). 

Article 34 

Reporting and follow up of infringements 

Member  States  shall  report  to  the  Commission  or  a  body  designated  by  it  by  15 
February  of  each  year  the  status  of  the  proceedings  concerning  infringements  of 
NEAFC  measures  committed  during  the  previous  calendar  year.  The  infringements 
shall  continue  to  be  listed  on  each  subsequent  report  until  the  proceeding  is 
concluded  in  accordance  with  the  relevant  provisions  of  national  laws.  The 
Commission  or  a  body  designated  by  it  shall  forward  the  reports  to  the  NEAFC 
Secretary before 1 March. 

The report required in paragraph 1 shall indicate the current status of the proceedings 
and  in  particular  whether  the  case  is  pending,  under  appeal  or  still  under 
investigation.  The  report  shall  describe  any  sanctions  imposed  in  specific  terms, 
stating in particular the level of fines, the value of forfeited fish and/or gear and any 
written warning given, and shall include an explanation if no action has been taken. 

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Article 35 

Treatment of inspection reports 

1. 

2. 

Member  States  shall  consider  and  act  on  reports  from  inspectors  of  other  Member 
States or Contracting Parties under the Scheme on the same basis as reports from its 
own inspectors.  

Member States shall co-operate with each other and with other relevant Contracting 
Parties  in  order  to  facilitate  judicial  or  other  proceedings  arising  from  a  report 
submitted by an inspector under the Scheme. 

Article 36 

Reports on surveillance and inspection activities 

1. 

Member  States  shall  report  to  the  Commission  or  a  body  designated  by  it  by  15 
February each year for the previous calendar year: 

(a) 

(b) 

the  number  of  inspections  it  has  carried  out  under  Articles  19,  20  and  26 
specifying the number of inspections on the vessels of each Contracting Party 
and,  where  an  infringement  has  been  committed,  the  date  and  position  of  the 
inspection of the individual vessel concerned and the nature of infringement; 

the number of hours flown and the number of days at sea on NEAFC patrols, 
the  number  of  sightings,  including  both  Contracting  Party  vessels  and  non 
Contracting  Party  vessels,  and  the  list  of  individual  vessels  for  which  a 
surveillance report has been completed . 

2. 

The Commission or a body designated by it shall compile a Community report on the 
basis of the reports of the Member States. It shall send the Community report to the 
NEAFC Secretary by 1 March each year. 

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CHAPTER VI 

Measures to promote compliance by non-Contracting Party 
fishing vessels 

Article 37 

Scope 

1. 

2. 

1. 

2. 

3. 

This Chapter shall apply to Non Contracting Parties' fishing vessels used or intended 
for use for fishing activities conducted on fishery resources in the Convention Area. 

This  Chapter  shall  be  without  prejudice  to  Regulation  (EEC)  No  2847/93,  to 
Regulation (EC) No 1093/94 and to Regulation (EC) No 1005/2008. 

Article 38 

Sightings and identifications of non-Contracting Party vessels 

Member States shall transmit to the Commission or a body designated by it without 
delay  any  information  regarding  non-Contracting  Party  vessels  sighted  or  by  other 
means  identified  as  engaging  in  fishing  activities  in  the  Convention  Area.  The 
Commission or a body designated by it shall inform promptly the NEAFC Secretary 
and all Member States of each sighting report it receives. 

The  Member  State  which  sighted  the  non-Contracting  Party  vessel  shall  attempt  to 
inform  such  a  vessel  without  delay  that  it  has  been  sighted  or  by  other  means 
identified as engaging in fishing activities in the Convention Area and unless its flag 
state has been accorded the status of co-operating non-Contracting Party by NEAFC, 
is  consequently  presumed 
the  NEAFC  conservation 
to  be  undermining 
recommendations established under the Convention. 

In the case of a non-Contracting Party vessel sighted or by other means identified as 
engaging  in  transhipment  activities,  the  presumption  of  undermining  conservation 
and enforcement measures applies to any other non-Contracting Party vessel that has 
been identified as having engaged in such activities with that vessel. 

Article 39 

Inspections at sea 

1. 

NEAFC  inspectors  shall  request  permission  to  board  and  inspect  non-Contracting 
Party vessels sighted or by other means identified by a Contracting Party as engaging 
in fishing activities in the Convention Area. If the vessel consents to be boarded the 

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2. 

3. 

1. 

inspection  shall  be  documented  by  completing  an  inspection  report  as  referred  to 
Article 20(9).  

NEAFC inspectors shall transmit a copy of the inspection report without delay to the 
Commission or a body designated by it, to the NEAFC Secretary and to the master of 
the non-Contracting Party vessel. Where evidence so warrants, a Member State may 
take such action as may be appropriate in accordance with international law. Member 
States  are  encouraged  to  examine  the  appropriateness  of  domestic  measures  to 
exercise jurisdiction over such vessels. 

If the master does not consent to the boarding and inspection of his vessel or does not 
fulfil any one of the obligations laid down in Article 21(1) to (4), the vessel shall be 
presumed to have engaged in IUU activities. The NEAFC Inspector shall inform the 
Commission or a body designated by it of this without delay, which shall promptly 
inform the NEAFC Secretary. 

Article 40 

Entry into port 

The  master  of  a  non  Contracting  Party  fishing  vessel  may  only  call  into  a  port 
designated in accordance with Article 23. The master intending to call into a port of a 
Member  State  shall  notify  the  competent  authorities  of  the  port  Member  State  in 
accordance with the provisions of Article 24. The port Member State concerned shall 
forward  this  information  without  delay  to  the  flag  State  of  the  vessel  and  to  the 
Commission  or  a  body  designated  by  it  which  shall  subsequently  forward  this 
information to the NEAFC Secretary. 

2. 

The port Member State shall prohibit the entry into its ports of vessels that have not 
given the required prior notice of entry into port as referred to in Article 24. 

Article 41 

Inspections in port 

1. 

2. 

Member States shall ensure that all non-Contracting Party vessels entering one of its 
ports are inspected. The vessel shall not be allowed to land or tranship any fish until 
this  inspection  has  been  completed.  Each  inspection  shall  be  documented  by 
completing an inspection report as provided for  in  Article  27.  Where  the  master  of 
the vessel has failed to fulfil any one of the obligations laid down in Article 21(1) to 
(4), the vessel shall be presumed to have engaged in IUU activities. 

Information  on  the  results  of  all  inspections  of  non-Contracting  Party  vessels 
conducted in the ports of Member States, and subsequent action, shall immediately 
be  transmitted  to  the  Commission  or  a  body  designated  by  it  which  shall  forward 
such information to the NEAFC Secretary. 

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Article 42  

Landings, transhipments and joint fishing operations 

1. 

2. 

3. 

4. 

Landings and transhipments may only commence after authorisation has been given 
by the competent authorities of the port State 

Landings and transhipments of all fish products from a non-Contracting Party vessel 
which has been inspected pursuant to Article 41, shall be prohibited in the ports and 
waters of all Member States if such an inspection reveals that the vessel has species 
onboard  which  are  subject  to  recommendations  established  under  the  Convention 
unless  the  master  of  the  vessel  provides  satisfactory  evidence  to  the  competent 
authorities  proving  that  the  fish  were  caught  outside  the  Regulatory  Area  or  in 
compliance with all relevant recommendations established under the Convention. 

The vessel shall not be authorised to land or engage in a transhipment operation if the 
flag State of the vessel, or the flag State or States of donor vessels where the vessel 
has engaged in transhipment operations, does not provide the confirmation referred 
to in Article 25. 

Furthermore, landings and transhipments shall be prohibited where the master of the 
vessel has failed to fulfil any one of the obligations laid down in Article 21(1) to (4).  

Article 43 

Reports on non Contracting Parties activities 

1. 

Member  States  shall  report  to  the  Commission  or  a  body  designated  by  it  by  15 
February each year for the previous calendar year: 

(a) 

(b) 

the number of inspections of non-Contracting Party vessels it conducted under 
this Scheme at sea or in its ports, the names of the vessels inspected and their 
respective  flag  state,  the  dates  and  as  appropriate,  the  ports  where  the 
inspection was conducted, and the results of such inspections; and 

where  fish  are  landed  or  transhipped  following  an  inspection  pursuant  to  this 
Scheme, the report shall also include the evidence presented pursuant to Article 
42. 

2. 

3. 

In  addition  to  surveillance  report  and  information  on  inspections,  Member  States 
may  at  any  time  submit  to  the  Commission  or  a  body  designated  by  it  any  further 
information which might be relevant for the identification of non-Contracting Party 
vessels that might be carrying out IUU fishing activities in the Convention Area. 

On  the  basis  of  this  information,  the  Commission  or  a  body  designated  by  it  shall 
send a global report on non Contracting Parties activities to the NEAFC Secretary by 
1 March each year. 

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Article 44 

Vessels engaged in illegal, unreported and unregulated fishing activities 

Member  States  shall  ensure  that  vessels  appearing  in  the  provisional  list  of  IUU  vessels 
established by NEAFC ('A' list): 

(a) 

(b) 

(c) 

are inspected in accordance with the provisions of Article 41 when they enter 
their ports; 

are not authorised to land or tranship in their ports or in the waters under their 
jurisdiction;  

are not given assistance by fishing vessels, support vessels, refuel vessels, the 
mother-ship  and  cargo  vessels  flying  their  flag  or  permitted  to  participate  in 
any transhipment or joint fishing operation with such vessels; 

(d) 

are not supplied with provisions, fuel or other services; 

Chapter VII 

Final provisions 

Article 45 

Confidentiality 

In  addition  to  the  obligations  laid  down  in  Article  37  of  Regulation  (EEC)  No  2847/1993, 
Member States and the Commission shall comply with the rules of confidentiality adopted in 
accordance with the procedure referred to in Article 47(2). 

Article 46 

Implementation 

The measures necessary for implementing the provisions of this Regulation shall be adopted 
in accordance with the procedure established in Article 47(2). 

1. 

The  Commission  shall  be  assisted  by  a  Management  Committee  for  Fisheries  and 
Aquaculture (hereinafter referred to as "the Committee"). 

Article 47  

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2. 

Where reference is made to this paragraph, Article 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 48 

Procedure for amendments 

The provisions of this Regulation may be amended in accordance with the procedure referred 
to in Article 47(2) in order to transpose into Community law NEAFC control and enforcement 
measures which become obligatory for the Community. 

The Annex may be amended in accordance with the procedure laid down in Article 47(2). 

Article 49 

Repeal 

Regulation  (EC)  N°  2791/1999  and  Chapter  VIII,  Annex  IX  and  Annex  XV  of  Regulation 
(EC) No 43/2009 are hereby repealed. 

Article 50 

Entry into force 

This  Regulation  shall  enter  into  force  on  the    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,  

For the Council 
The President 

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ANNEX 
 Regulated resources 

A) 

Pelagic and oceanic species 

Stock (common name) 

FAO code 

Scientific Name 

ICES subareas and 
divisions 

Redfish 

Norwegian Spring 
Spawning Herring 
(Atlanto Scandian) 

Blue whiting 

Mackerel 

Haddock 

REB 

HER 

WHB 

MAC 

HAD 

Sebastes mentella 

V, XII, XIV 

Clupea harengus 

I, II 

Micromesistius 
poutassou 

IIa, IVa, Vb, VI, VII, XII, 
XIV 

Scomber scombrus 

IIa, IV, V, VI, VII, XII 

Melanogrammus 
aeglefinus 

VIb 

B)  Deep-Sea Species 

Stock (common name) 

FAO code 

Scientific Name 

ICES subareas 

Baird’s smoothhead 

Risso’s smoothhead 

ALC 

PHO 

Alepocehalus bairdii 

 I to XIV 

Alepocephalus rostratus 

 I to XIV 

Blue antimora (Blue hake)

ANT 

Antimora rostrata 

 I to XIV 

Black scabbardfish 

Iceland catshark 

Greater silver smelt 

Alfonsinos 

Tusk 

Gulper shark 

BSF 

API 

ARG 

ALF 

USK 

GUP 

Leafscale gulper shark 

GUQ 

Aphanopus carbo 

Apristuris spp 

Argentina silus 

Beryx spp. 

Brosme brosme 

Centrophorus 
granulosus 

Centrophorus 
squamosus 

 I to XIV 

 I to XIV 

 I to XIV 

 I to XIV 

 I to XIV 

 I to XIV 

 I to XIV 

Black dogfish 

Portuguese dogfish 

CFB 

CYO 

Centroscyllium fabricii 

 I to XIV 

Centroscymnus 

 I to XIV 

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Stock (common name) 

FAO code 

Scientific Name 

ICES subareas 

Longnose velvet dogfish 

CYP 

Deep-water red crab 

KEF 

Rabbit fish (Rattail) 

Frilled shark 

Conger eel 

Roundnose grenadier 

Kitefin shark 

Birdbeak dogfish 

Black (Deep-water) 
cardinal fish 

Greater lanternshark 

Velvet belly 

Blackmouth dogfish 

CMO 

HXC 

COE 

RNG 

SCK 

DCA 

EPI 

SHL 

SHL 

SHO 

coelolepis 

Centroscymnus 
crepidater 

Chaceon (Geryon) 
affinis 

 I to XIV 

 I to XIV 

Chimaera monstrosa 

 I to XIV 

Chlamydoselachus 
anguineus 

Conger conger 

Coryphaenoides 
rupestris 

Dalatias licha 

Deania calceus 

 I to XIV 

 I to XIV 

 I to XIV 

 I to XIV 

 I to XIV 

Epigonus telescopus 

 I to XIV 

Etmopterus princeps 

 I to XIV 

Etmopterus spinax 

 I to XIV 

Galeus melastomus 

 I to XIV 

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Stock (common name) 

FAO 
code 

Scientific Name 

ICES subareas 

Mouse catshark 

GAM

Galeus murinus 

 I to XIV 

Bluemouth (Blue mouth redfish) 

BRF 

Helicolenus 
dactylopterus 

 I to XIV 

Blondnose six-gilled shark 

SBL 

Hexanchus griseus 

 I to XIV 

Orange roughy 

Silver roughy (Pink) 

ORY 

HPR 

Hoplostethus 
atlanticus 

Hoplostethus 
mediterraneus 

 I to XIV 

 I to XIV 

Large- eyed rabbit fish (Ratfish) 

CYH 

Hydrolagus mirabilis 

 I to XIV 

Silver scabbard fish (Cutless 
fish) 

SFS 

Lepidopus caudatus 

 I to XIV 

Eelpout 

ELP 

Lycodes esmarkii 

 I to XIV 

Roughhead grenadier (Rough 
rattail) 

RHG 

Marcrourus berglax 

 I to XIV 

Blue ling 

Ling 

Common mora 

Sailfin roughshark (Sharpback 
shark) 

BLI 

LIN 

RIB 

Molva dypterigia 

 I to XIV 

Molva molva 

Mora moro 

 I to XIV 

 I to XIV 

OXN 

Oxynotus paradoxus 

 I to XIV 

Red (blackspot) seabream 

SBR 

Pagellus bogaraveo 

 I to XIV 

Forkbeards 

Wreckfish 

Round skate 

Arctic skate 

GFB 

Phycis spp. 

 I to XIV 

WRF 

Polyprion americanus

 I to XIV 

RJY 

RJG 

Raja fyllae 

 I to XIV 

Raja hyperborea 

 I to XIV 

Norwegian skate 

JAD 

Raja nidarosiensus 

 I to XIV 

Greenland halibut 

GHL 

Rheinhardtius 
hippoglossoides 

 I to XIV 

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Stock (common name) 

Straightnose rabbitfish 

FAO 
code 

RCT 

Scientific Name 

ICES subareas 

Rhinochimaera 
atlantica 

 I to XIV 

Knifetooth dogfish 

SYR 

Scymnodon ringens 

 I to XIV 

Small redfish (Norway haddock) 

SFV 

Sebastes viviparus 

 I to XIV 

Greenland shark 

GSK 

Somniosus 
microcephalus 

Spiny (Deep-sea) Scorpionfish 

TJX 

Trachyscorpia 
cristulata 

 I to XIV 

 I to XIV 

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