Commission Implementing Regulation (EU) 2015/746 of 11 May 2015 amending Implementing Regulation (EU) No 433/2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries
Date: 2015-05-11
Institutions: European Commission
Subjects: Atlantic Ocean, data transmission, disclosure of information, fishing area, fishing controls, form, international convention, international cooperation




L_2015119EN.01000301.xml










12.5.2015   


EN


Official Journal of the European Union


L 119/3








            COMMISSION IMPLEMENTING REGULATION (EU) 2015/746
of 11 May 2015
         
amending Implementing Regulation (EU) No 433/2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999 (1), and in particular Articles 12(2), 24(4), 27(1) and 45(2) thereof,

Whereas:







(1)


Regulation (EU) No 1236/2010 lays down certain specific control measures to monitor fishing activities of the Union in the Area covered by the North-East Atlantic Fisheries Commission (NEAFC) and supplements control measures provided for in Council Regulation (EC) No 1224/2009 (2).












(2)


Detailed rules for the application of Regulation (EU) No 1236/2010 were adopted through Commission Implementing Regulation (EU) No 433/2012 (3).












(3)


At its Annual Meeting in November 2013, NEAFC adopted Recommendation 9:2014 amending Article 22 and Annexes XV and XVI of the Scheme on port State control and inspection report forms. At the same Annual Meeting, NEAFC adopted Recommendations 12:2014, 13:2014 and 14:2014 amending Annex IX of the Scheme on data exchange formats and protocols, and Recommendation 16:2014 amending Appendix 1 to Annex IX of the Scheme on confidential treatment of electronic data. At its Annual Meeting in November 2014, NEAFC adopted Recommendation 16:2015 amending Appendix 2 to Annex II of the Scheme on codes for main gear types. At the same meeting it adopted Recommendation 12:2015 amending Recommendation 9:2014 with respect to Articles 22 and 23 and Annexes XV and XVI of the Scheme on port state control forms.












(4)


In accordance with Articles 12 and 15 of the Convention on future multilateral cooperation in the North-East Atlantic fisheries approved by Council Decision 81/608/EEC (4), Recommendations 12:2014, 13:2014, 14:2014 and 16:2014 came into force on 7 February 2014 and Recommendation 16:2015 came into force on 6 February 2015.












(5)


Pursuant to its provisions, Recommendation 9:2014 as amended by Recommendation 12:2015 will enter into force on 1 July 2015.












(6)


It is necessary to transpose those Recommendations into Union law. Implementing Regulation (EU) No 433/2012 should therefore be amended accordingly.












(7)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,





HAS ADOPTED THIS REGULATION:



Article 1
Implementing Regulation (EU) No 433/2012 is amended as follows:






(1)


in Article 12, points (a) and (b) are replaced by the following:






‘(a)


the form PSC 1 shall be used where the vessel is carrying its own catches;










(b)


the form PSC 2 shall be used where the vessel is engaged in transhipment operations, providing the information separately for catches from each donor vessel.’




;










(2)


Article 13 is replaced by the following:

‘Article 13

1.   When completing the prior notification in accordance with Article 25(1) of Regulation (EU) No 1236/2010, the flag Member State shall complete Part B of the PSC form provided for in Annex VIII.


2.   When completing the prior notification in accordance with Article 25(2) and (4) of Regulation (EU) No 1236/2010, the port Member State shall complete Part C of the PSC form provided for in Annex VIII.’

;









(3)


In Article 16 the first sentence is replaced by the following:

                        ‘The data exchange formats and data communication systems referred to in Article 12(2) of Regulation (EU) No 1236/2010 to be used for transmission of reports and information to the NEAFC Secretary shall comply with the rules set out in Annex X;’
                     










(4)


Annex VIII is replaced by the text in Annex 1 to this Regulation;










(5)


Annex IX is replaced by the text in Annex 2 to this Regulation;










(6)


Annex X is amended as follows:






(a)


the title is replaced by the following:


                                                   ‘DATA EXCHANGE FORMAT AND DATA COMMUNICATION SYSTEMS’
                                                
;









(b)


Section B is replaced by the text in Annex 3 to this Regulation;










(c)


in Section D.2, point (b) is replaced by the text in Annex 4 to this Regulation;










(d)


in Section D.2, a new point (c) is added as set out in Annex 5 to this Regulation;














(7)


Annex XI is amended as follows:






(a)


Section C is replaced by the text in Annex 6 to this Regulation;










(b)


a new Section G is added as set out in Annex 7 to this Regulation;














(8)


Annex XII is replaced by the text in Annex 8 to this Regulation.






Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
However, Article 1(1), (2), (4), (5) and (7)(b) shall apply from 1 July 2015.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 May 2015.


For the Commission


The President

Jean-Claude JUNCKER
            





(1)  
            OJ L 348, 31.12.2010, p. 17.

(2)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

(3)  Commission Implementing Regulation (EU) No 433/2012 of 23 May 2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries (OJ L 136, 25.5.2012, p. 41).

(4)  Council Decision 81/608/EEC of 13 July 1981 concerning the conclusion of the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (OJ L 227, 12.8.1981, p. 21).




ANNEX 1
Annex VIII to Implementing Regulation (EU) No 433/2012 is replaced by the following:



‘ANNEX VIII

PORT STATE CONTROL FORMS

Notifications and the completion of Parts A, B and C pursuant to Articles 22, 23 and 39 of the NEAFC scheme of control and enforcement shall be done through an online application established by the NEAFC Secretary on the NEAFC website. A fax-based system, using the forms set out in this Annex shall be used as a back-up system in the event that the NEAFC website is offline.





Text of image

PORT STATE CONTROL FORM — PSC 1
PART A: To be completed by the Master of the Vessel. Please use black ink (1)
Name of Vessel:
IMO Number (2):
Radio Call Sign:
Flag State:
E-mail Address:
Telephone Number:
Fax Number:
Inmarsat Number:
Vessel master’s name:
Vessel master’s nationality:
Vessel owner:
Certificate of Registry ID:
Vessel dimension:
Length (m):
Beam (m):
Draft (m):
Port State:
Port of Landing or Transhipment:
Last port of call:
Date:
Estimated Time of Arrival:
Date:
Time UTC:
Total catch on board — all areas
Catch to be landed (3)
Species (4)
Product (5)
Type of process-ing (6)
Area of catch
Conversion factor
Product weight (kg)
Product weight (kg)
NEAFC CA
(ICES subareas and divisions)
NAFO RA
(Sub Division)
Other areas






Text of image

PART B: For official use only — to be completed by the Flag State
The Flag State of the vessel must respond to the following questions by marking in the box ‘Yes’ or ‘No’
NEAFC CA
NAFO RA
Yes
No
Yes
No
a) The fishing vessel declared to have caught the fish had sufficient quota for the species declared
b) The quantities on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable
c) The fishing vessel declared to have caught the fish had authorisation to fish in the area declared
d) The presence of the fishing vessel in the area of catch declared has been verified according to VMS data
Flag State confirmation: I confirm that the above information is complete, true and correct to the best of my knowledge and belief.
Name and Title:
Date:
Signature:
Official Stamp:
PART C: For official use only — to be completed by the Port State
Name of Port State:
Authorisation:
Yes:
No:
Date:
Signature:
Official Stamp:
(1) Black ink is required when faxing forms
(2) Fishing vessels not assigned an IMO number shall provide their external registration number
(3) If necessary an additional form or forms shall be used
(4) FAO Species Codes — Annex V
(5) Product presentations — Appendix 1 to Annex IV
(6) Type of processing — NEAFC Appendix 1c) to Annex IV






Text of image

PORT STATE CONTROL FORM — PSC 2
PART A: To be completed by the Master of the Vessel. A separate form shall be completed for each donor vessel. Please use black ink (1)
Name of Vessel:
IMO Number (2):
Radio Call Sign:
Flag State:
E-mail Address:
Telephone Number:
Fax Number:
Inmarsat Number:
Vessel master’s name:
Vessel master’s nationality:
Vessel owner:
Certificate of Registry ID:
Vessel dimension:
Length (m):
Beam (m):
Draft (m):
Port State:
Port of Landing or Transhipment:
Last port of call:
Date:
Date and location of transhipment:
Transhipment authorisation if relevant:
Estimated Time of Arrival:
Date:
Time UTC:
Catch Information for Donor Vessels: A separate form shall be completed for each Donor Vessel
Name of Vessel
IMO Number (2)
Radio Call Sign
Flag State
Total catch on board — all areas
Catch to be landed (3)
Species (4)
Product (5)
Type of process-ing (6)
Area of catch
Conversion factor
Product weight (kg)
Product weight (kg)
NEAFC CA
(ICES subareas and divisions)
NAFO RA
(Sub Division)
Other areas






Text of image

PART B: For official use only — to be completed by the Flag State
The Flag State of the vessel must respond to the following questions by marking in the box ‘Yes’ or ‘No’
NEAFC CA
NAFO RA
Yes
No
Yes
No
a) The fishing vessel declared to have caught the fish had sufficient quota for the species declared
b) The quantities on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable
c) The fishing vessel declared to have caught the fish had authorisation to fish in the area declared
d) The presence of the fishing vessel in the area of catch declared has been verified according to VMS data
Flag State confirmation: I confirm that the above information is complete, true and correct to the best of my knowledge and belief.
Name and Title:
Date:
Signature:
Official Stamp:
PART C: For official use only — to be completed by the Port State
Name of Port State:
Authorisation:
Yes:
No:
Date:
Signature:
Official Stamp:
(1) Black ink is required when faxing forms.
(2) Fishing vessels not assigned an IMO number shall provide their external registration number.
(3) If necessary an additional form or forms shall be used.
(4) FAO Species Codes — Annex V.
(5) Product presentations — Appendix 1 to Annex IV.
(6) Type of processing — NEAFC Appendix 1c) to Annex IV.


’





ANNEX 2
Annex IX to Implementing Regulation (EU) No 433/2012 is replaced by the following:



‘ANNEX IX





Text of image

INSPECTION REPORT FORM
Report on Port State Control inspection (PSC 3)
Inspection report number:
A. INSPECTION REFERENCE
Landing
Yes
No
Transhipment
Yes
No
Other reason for port entry
Port State
Port of landing or transhipment
Vessel name
Flag State
IMO Number (1)
International Radio call sign
Landing/transhipment started
Date
Time
Landing/transhipment ended
Date
Time
Vessel Type
Certificate of Registry ID
Port of Registry
VMS
Vessel master’s name
Vessel master’s nationality
Fishing master’s name
Fishing master’s nationality
Vessel’s owner/operator
Vessel’s beneficial owner (2)
Vessel’s agent
Last port of call:
Date:
B. INSPECTION DETAILS
Name of donor vessel (3)
IMO Number (1)
Radio call sign
Flag State






Text of image

B 1. Catch recorded in the logbook
Species (4)
Area of catch
Declared live weight kg
Conversion factor used
B 2. Fish landed or transhipped (3)
Spe-cies (4)
Type of process-ing (5)
Pro-duct (6)
Area of catch
Product weight landed in kg
Con-version factor
Equivalent live weight kg
Diff (kg) between live weight declared in the logbook and the live weight landed
Diff (%) between live weight declared in the logbook and the live weight landed
Diff (kg) between Product weight landed and PSC 1/2
Diff (%) between Product weight landed and PSC 1/2
RELEVANT TRANSHIPMENT AUTHORISATION:
B 3. Information about landings authorised without confirmation from the flag State ref: NEAFC art. 23.2/NAFO art. 45.6
Name of storage:
Name of competent authorities:
Deadline for receiving confirmation:






Text of image

B 4. Fish retained on board
Species (4)
Type of process-ing (5)
Pro-duct (6)
Area of catch
Product weight in kg
Conversion factor
Live weight kg
Diff. (kg) between product weight on board and PSC 1/2
Diff. (%) between product weight on board and PSC 1/2
C. RESULTS OF INSPECTION
C1. General
Inspection started
Date
Time
Inspection ended
Date
Time
Status in other RFMO areas where fishing or fishing-related activities have been undertaken, including any IUU vessel listing
RFMO
Vessel identifier
Flag State status
Vessel on authorised list
Vessel on IUU list
Observations
C2. Gear inspection in port (in accordance with Annex XVIII (e))
A. General data
Number of gear inspected
Date gear inspection
Has the vessel been cited?
Yes
No
If yes, complete the full ‘verification of inspection in port’ form.
If no, complete the form with the exception of the seal details
B. Otter Trawl details
Seal number
Is seal undamaged?
Yes
No
Gear type






Text of image

Attachments:
Grate Bar Spacing (mm):
Mesh type:
Average mesh sizes (mm):
Trawl part:
Wings:
Body:
Lengthening Piece:
Codend:
D. OBSERVATIONS BY THE MASTER
I, the undersigned, Master of the vessel hereby confirm that a copy of this report have been delivered to me on this date. My signature does not constitute acceptance of any part of the contents of this report, except my own observations, if any.
Signature: Date:
E. INFRINGEMENTS AND FOLLOW-UP
E1. NAFO
E1.A. Sea Inspection
Infringements resulting from Inspections inside NAFO R.A.
Inspection Party
Date of insp.
Division
NAFO CEM infringement legal reference
E1.B. Port Inspection results
(a) Confirmation of Infringements found at sea inspection
NAFO CEM infringement legal reference
National Infringement legal reference
(b) Infringements found at sea inspection and not possible to be confirmed during the Port Inspection.
Comments:






Text of image

(c) Additional infringements found during the Port Inspection
NAFO CEM infringement legal reference
National Infringement legal reference
E2. NEAFC infringement noted
Article
NEAFC provision(s) violated and summary of pertinent facts
Inspector’s observations:
Action taken:
Inspecting authority/agency
Inspector’s Name
Inspector’s signature
Date and place
F. DISTRIBUTION
Copy to flag State
Copy to NEAFC Secretary
Copy to NAFO Executive Secretary
(1) Fishing vessels not assigned an IMO number shall provide their external registration number.
(2) If known and if different from vessel’s owner.
(3) In cases where a vessel has engaged in transhipment operations, a separate form shall be used for each donor vessel.
(4) FAO Species Codes — NEAFC Annex V — NAFO Annex II.
(5) Type of processing — NEAFC Appendix 1c) to Annex IV.
(6) Product presentations — NEAFC Appendix 1 to Annex IV — NAFO Annex XX (C).


’





ANNEX 3
Section B of Annex X to Implementing Regulation (EU) No 433/2012 is replaced by the following:

‘B.   Data communication systems

Electronic data transmission of reports and messages between Member States and the Secretary shall use data communication systems duly tested.’
            






ANNEX 4
In Section D.2 of Annex X to Implementing Regulation (EU) No 433/2012, point (b) is replaced by the following:







‘b)


Return error numbers:









Subject/Annex


Error Numbers


Error cause




Rejected (NAK)
Follow-up action required


Accepted and Stored (ACK)
Follow-up action required


Accepted and Stored (ACK) with warning





Communication



101


 


 


Message is unreadable




 


102


 


 


Data value or size out of range




 


104


 


 


Mandatory data missing




 


105


 


 


This report is a duplicate; attempt to re-send a report previously rejected




 


106


 


 


Unauthorised data source




 


 


 


150


Sequence error




 


 


 


151


Date/Time in the future




 


 


 


155


This report is a duplicate; attempt to re-send a report previously accepted





Annex II



 


 


250


Attempt to re-Notify a vessel




 


 


251


 


Vessel is not Notified




 


 


252


 


Species not AUT, or LIM or SUS





Annex VIII



 


301


 


Catch prior to Catch on Entry




 


 


302


 


Transhipment prior to Catch on Entry




 


 


303


 


Catch on Exit prior to Catch on Entry




 


 


304


 


No Position received (CAT, TRA, COX)




 


 


 


350


Position without Catch on Entry





Annex X



401


 


 


Surveillance Exit prior to Surveillance Entry




 


 


450


 


Observation without Surveillance Entry




 


 


451


 


Inspectors or craft not notified’














ANNEX 5
In Section D.2 of Annex X to Implementing Regulation (EU) No 433/2012, the following point (c) is added:







‘c)


Identification of duplicate messages and reports:





























Message/Reports




Data Elements





 



TM




AD




SQ




RC




LA/LT




LO/LG




SP




CO




DA




TI




OB




CA




RA




DF




KG




TT




TF




PD




PT




CS




PO




CR




YR






Position



POS


y


 


y


y


y


 


 


y


y


 


 


 


 


 


 


 


 


 


 


 


 


 





Entry



ENT


y


 


y


y


y


 


 


y


y


 


 


 


 


 


 


 


 


 


 


 


 


 





Exit



EXI


y


 


y


y


y


 


 


y


y


 


 


 


 


 


 


 


 


 


 


 


 


 





Manual



MAN


y


 


y


y


y


 


 


y


y


 


 


 


 


 


 


 


 


 


 


 


 


 





Catch on Entry



COE


y


 


y


 


 


 


 


y


y


y


 


 


 


 


 


 


 


 


 


 


 


 





Catch



CAT


y


 


y


 


 


 


 


Y


Y


 


Y


Y


Y


 


 


 


 


 


 


 


 


 





Catch on Exit



COX


y


 


y


 


 


 


 


Y


Y


 


Y


Y


Y


 


 


 


 


 


 


 


 


 





Transhipment



TRA


y


 


y


 


 


 


 


Y


Y


 


 


 


 


Y


Y


Y


Y


Y


 


 


 


 





Port of Landing



POR


y


 


y


 


 


 


 


Y


Y


Y


 


 


 


Y


 


 


Y


Y


Y


Y


 


 





Cancel



CAN


y


 


y


 


 


 


 


y


y


 


 


 


 


 


 


 


 


 


 


 


Y


Y





For each message, if data in data-elements marked “Y” is identical, then identify message as duplicate’
                     











ANNEX 6
In Annex XI to Implementing Regulation (EU) No 433/2012, Section C is replaced by the following:

‘C.   Main gear types







FAO Alpha Code


Gear type



 



Surrounding Nets








PS



With purse lines





PS1



1 vessel purse seine





PS2



2 vessels purse seine




 


 



 



Seine Nets








SSC



Seine Scottish




 


 



 



Trawls — Bottom








OTB



Bottom otter trawl





PTB



Bottom pair trawls





TBN



Bottom trawl Nephrop





TBS



Bottom trawl shrimp





OTT



Otter twin trawl




 


 



 



Trawls — Midwater








OTM



Midwater otter trawl





PTM



Midwater trawls pair




 


 



 



Gillnets and Entangling Nets








GNS



Gillnet anchored





GND



Drift nets





GEN



Gill tangle net (Not specified)




 


 



 



Traps








FPO



Pot




 


 



 



Hooks and Lines








LHP



Hand lines





LHM



Hand line mechanical





LLS



Set line long line





LLD



Drifting long line





LL



Long line





LTL



Trolling long line





LX



Hook and lines




 


 



 



Harvesting Machines








HMP



Pumps



 



No Gear








NIL



No fishing gear to report’










ANNEX 7
In Annex XI to Implementing Regulation (EU) No 433/2012, the following Section G is added:

‘G.   Type of Processing







Code


Type




FRZ


Frozen




FRE


Fresh




OTH


Any other processing’










ANNEX 8
Annex XII to Implementing Regulation (EU) No 433/2012 is replaced by the following:




                     ‘ANNEX XII

CONFIDENTIAL TREATMENT OF ELECTRONIC DATA

Member States shall, when transmitting and receiving electronic data, take the necessary measures to comply with the confidentiality and security provisions set out in Recommendations approved by the NEAFC Commission.’