Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down conservation and control measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation and repealing Council Regulation (EC) No 2115/2005 and Council Regulation (EC) No 1386/2007
Date: 2018-08-07
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, North-West Atlantic Fisheries Organisation, conservation of fish stocks, fishing area, fishing controls, fishing rights, fishing vessel, international convention, sea fishing, ship's flag

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   EUROPEAN COMMISSION  Brussels, 7.8.2018 COM(2018) 577 final 2018/0304 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down conservation and control measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation and repealing Council Regulation (EC) No 2115/2005 and Council Regulation (EC) No 1386/2007  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  purpose  of  the  proposal  is  to  transpose  into  EU  law  the  conservation  and  enforcement 
measures  (CEMs)  adopted  by  the  Northwest  Atlantic  Fisheries  Organisation  (NAFO),  to 
which  the  European  Union  (EU)  has  been  a  contracting  party  since  1979.  NAFO  is  the 
regional  fisheries  management  organisation  (RFMO)  responsible  for  managing  fishery 
resources in the Northwest Atlantic. NAFO’s conservation and management measures apply 
exclusively to the NAFO Regulatory Area, the high seas, defined as the area beyond those in 
which  coastal  states  exercise  fisheries  jurisdiction.  In  2018,  the  EU  has  35  fishing  vessels 
authorised to operate in NAFO’s Regulatory Area. All of these land catches in two EU ports, 
Vigo and Aveiro. 

All  NAFO  contracting  parties  are  members  of  the  NAFO  Commission.  The  NAFO 
Commission  adopts  NAFO’s  conservation  and  enforcement  measures  by  consensus,  in 
accordance  with  Article  XIII  of  the  NAFO  Convention  (or,  exceptionally  by  a  two-thirds 
majority). Before  each  NAFO  Commission  meeting,  the  Commission,  on  behalf  of  the  EU, 
draws up negotiating guidelines based on a five-year mandate set by Council decision and on 
scientific  advice.  In  accordance  with  the  mandate,  these  guidelines  are  presented,  discussed 
and endorsed at the Council working party, and further adjusted, to take account of real-time 
developments, at coordination meetings with Member States held at NAFO annual meetings. 
The  annual  meetings  of  the  EU  Delegation  to  NAFO  bring  together  the  Commission,  the 
Council, and representatives of stakeholders.  

The  NAFO  Convention  states  that  the  conservation  measures  adopted  by  the  NAFO 
Commission  are  binding  (Articles  XIV,  VI.8  and  VI.9)  and  that  the  contracting  parties  are 
obliged to implement them. It emphasises flag state duties under Article XI.1.a. and port state 
duties under Article XII. 

At  its  annual  meetings,  the  NAFO  Commission  adopts  new  measures  which  NAFO’s 
Executive  Secretary  notifies  to  the  contracting  parties  after  the  meeting,  as  NAFO 
Commission  decisions.  After  receiving  a  notification,  the  Commission  informs  the  Council 
about the adoption of new measures, along with the planned date for their entry into force.  

Any  contracting  party  can  raise  an  objection  to  decisions  taken  by  the  NAFO  Commission. 
This must be done within 60 days of the date on which a measure is notified by the NAFO 
Executive  Secretary.  All  measures  are  binding  unless  an  objection  is  raised  under  Article 
XIV.2  of  the  NAFO  Convention.  The  objection  can  subsequently  be  withdrawn  by  a 
contracting party, then a measures is binding. The objection procedure also falls under Article 
218(9) TFEU, as NAFO conservation and enforcement measures have a legal effect, meaning 
that  they  become  binding  on  contracting  parties.  Before  deciding  to  raise  an  objection  to  a 
measure, the Commission asks the Council relevant bodies to endorse the decision to object. 

Article 3(5)  of  the  Treaty  on  European  Union  stipulates  that  the  EU  must  abide  strictly  by 
international  law;  this  includes  compliance  with  NAFO’s  conservation  and  enforcement 
measures.  

This proposal relates to the measures adopted by NAFO since 2008 and to the entry into force 
on 18 May 2017 of the amended NAFO Convention. 

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NAFO’s CEMs, though aimed mainly at NAFO contracting parties, also impose obligations 
on operators (e.g. the vessel master). This proposal is not covered by the Regulatory Fitness 
Programme (REFIT). 

NAFO’s CEMs are amended annually. A historical overview of NAFO meetings shows that 
any part of the CEMs may be amended. It is incumbent on the EU to ensure compliance with 
these measures, as international obligations, as soon as they enter into force. This proposal is 
therefore  designed  to  transpose  the  most  recent  version  of  the  NAFO  measures;  it  also 
includes a mechanism to  facilitate swift transpositions and NAFO  measures implementation 
in future.  

This proposal provides for delegated powers granted to the Commission under Article 290 of 
the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  to  cater  for  amendments  to 
measures, which are expected to be frequent. The parts of CEMs selected for delegation cover 
the kind of provisions typically amended by contracting parties between 2008 and 2017, and 
which are expected to be changed in the coming years. Delegated powers have therefore been 
laid down for the rules on: 

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deadlines for reporting and submission of documents; 

definitions; 

list of prohibited activities of research vessels; 

certain limitations on catches and fishing efforts; 

duties related to closures of fisheries; 

situations in which  species  listed in the fishing opportunities  are to  be classified as 
bycatch; 

specified maxima for keeping species classified as bycatch on board ship; 

certain obligations applicable if bycatch limits are exceeded in any one haul; 

measures concerning skate fishing; 

measures concerning Northern prawn fishing; 

preconditions for beginning to fish Greenland halibut; 

geographical coordinates and time periods for Northern prawn fishing closures; 

shark  conservation  measures,  including  reporting,  a  ban  on  removing  shark  fins  on 
board ship, retention, transhipment and landing; 

technical characteristics of mesh sizes; 

use of sorting grids and grates for Northern prawn; 

references to map of existing bottom fishing activities; 

references to area restrictions for bottom fishing activities; 

provision in case of encounter, duties of an observer deployed; 

electronic transmission, list of valid documents to be carried on board the vessel, the 
content of capacity plan; 

documentation to be carried on board vessels on chartering arrangements; 

fishing logbook, production logbook, stowage plan; 

the Vessel Monitoring System data; 

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electronic reporting of the content of notifications; 

duties of inspectors and of inspecting Member States; 

list of violations constituting serious infringements; 

duties of the flag Member State and of the port Member State; 

obligations of the master of a fishing vessel; 

port entry requirements and inspection of non-contracting parties; 

list of Member States’ measures against Illegal Unreported and Unregulated - listed 
vessels; and 

annual reporting. 

The  reporting  deadlines  set  out  in  this  proposal  were  established  on  the  basis  of  the  NAFO 
timetable. The aim is to enable the EU to make timely submissions of reports to the NAFO 
Secretariat. 

To  ensure  that  purely  technical  measures,  such  as  document  format  or  geographical 
coordinates and maps, are consistently and swiftly implemented, the Regulation provides for a 
direct  reference  to  the  relevant  official  NAFO  documents.  These  documents  (and  any 
subsequent  amendments  to  them)  will  be  published  in  the  Official  Journal  of  the  European 
Union  (L  series)  so  measures  can  be  enforced  against  natural  and  legal  persons  in  Member 
States. The autonomy of EU decision-making remains safeguarded by the fact that the EU’s 
positions in NAFO are based on a mandate agreed by the Council before the NAFO meetings, 
and the EU retains the right to object to any measures adopted by the NAFO Commission that 
are not in line with this mandate. 

The  draft  closely  follows  the  structure  and  wording  of  NAFO  measures,  to  avoid  deviating 
from the EU’s international obligations as the contracting party, and to make the text easier to 
use for control personnel and operators. 

• 

Consistency with existing policy provisions in the policy area 

The  NAFO  Conservation  and  Enforcement  Measures  were  last  transposed  through  Council 
Regulation (EC) No 1386/2007 of 22 October 2007, as amended by Council Regulation (EC) 
No 538/2008 of 29 May 2008 and Council Regulation (EC) No 679/2009 of 7 July 2009.  

The  NAFO  CEMs  adopted  between  2008  and  2017  (i.e.  after  the  last  main  transposition) 
amended  previously  adopted  measures  and  established  new  ones  (e.g.  conservation  and 
management measures for certain species, bycatch requirements, rules on bottom trawling in 
relation  to  vulnerable  marine  ecosystems,  inspection  procedures  at  sea  and  in  port,  vessel 
requirements,  monitoring  of  fishing  activities  and  additional  port  state  measures).  The 
proposal  also  legislates  on  the  existing  practice  of  notifications  by  the  Commission  and  the 
European Fisheries Control Agency to the NAFO Executive Secretary containing information 
on EU-flagged fishing vessels. 

For  reasons  of  clarity,  simplification  and  legal  certainty,  it  is  therefore  preferable  to  repeal 
Council  Regulation  (EC)  No  1386/2007  to  take  account  of  the  changes  adopted  since  2008 
and not  yet covered by EU law. For  reasons of simplification, Council Regulation (EC) No 
2115/2005 establishing a recovery plan for Greenland halibut in NAFO must also be repealed 
and  the  provisions  of  the  NAFO  CEMs  that  relate  specifically  to  Greenland  halibut 
transposed,  together  with  the  other  provisions  of  the  NAFO  Conservation  and  Enforcement 
Measures.  

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The proposal is fully aligned with Part VI (External Policy) of Regulation (EU) No 1380/2013 
on  the  Common  Fisheries  Policy  CFP  providing  that  the  Union  shall  conduct  its  external 
fisheries  in  accordance  with  its  international  obligations,  basing  EU  fishing  activities  on 
regional fisheries co-operation, and engaging the European Fisheries Control Agency into the 
compliance. 

The  proposal  complements  Regulation 
fleet 
management,  providing  that  Union  fishing  vessels  are  subject  to  list  of  RFMO  fishing 
authorisations  under  conditions  and  rules  of  particular  RFMO  and  Council  Regulation  (EC) 
No 1005/2008 concerning Illegal Unreported and Unregulated fishing providing for inclusion 
of the NAFO IUU list into the EU IUU vessels list. 

(EU)  2017/2403  concerning  external 

This  proposal  does  not  cover  fishing  opportunities  for  the  EU  decided  by  NAFO.  Under 
Article  43(3)  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  it  is  the 
Council’s  prerogative  to  adopt  measures  on  fixing  prices,  levies,  aid  and  quantitative 
limitations and on the fixing and allocation of fishing opportunities.  

• 

Consistency with other Union policies 

Not applicable. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The proposal is based on Article 43(2) TFEU which is an area of EU exclusive competence 
pursuant to Article 3(d) of the Treaty. The provisions it sets out are necessary to pursue the 
objectives of the Common Fisheries Policy.  

• 

Subsidiarity (for non-exclusive competence)  

The  subsidiarity  principle  is  not  applicable  here,  as  the  proposal  concerns  the  sustainable 
exploitation,  management  and  conservation  of  marine  biological  resources  in  the  context  of 
the external component of the Common Fisheries Policy.  

• 

Proportionality 

The proposal will ensure that the EU’s NAFO obligations are met, without going beyond what 
is necessary to achieve this objective. 

 • 

Choice of the instrument 

As a Regulation is directly applicable and binding on the Member States, it is designed to help 
ensure  the  uniform  application  throughout  the  EU  of  the  rules  proposed,  thereby  creating 
equal operating conditions for all EU operators fishing in the NAFO Regulatory Area. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable. 

• 

Stakeholder consultations 

The purpose of this proposal is to transpose and implement existing NAFO measures which 
are binding upon the contracting parties. National experts, and industry representatives from 

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the EU countries are consulted both during the run-up to the NAFO meetings at which these 
recommendations  are  adopted  and  throughout  negotiations  at  the  NAFO  Annual  Meeting. 
Consequently,  it  was  not  considered  necessary  to  hold  a  stakeholder  consultation  on  this 
regulation.  

• 

Collection and use of expertise 

Not applicable. 

• 

Impact assessment 

This  legislative  initiative  does  not  define  any  new  policy  aspects;  it  concerns  existing 
international obligations that are already binding upon the EU. There is thus no need for an 
impact assessment.  

• 

Regulatory fitness and simplification 

Not applicable. 

• 

Fundamental rights 

Not applicable. 

4. 

BUDGETARY IMPLICATIONS 

Not applicable. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable. 

• 

Explanatory documents (for directives) 

Not applicable. 

• 

Detailed explanation of the specific provisions of the proposal 

Chapter I contains general provisions on the proposal’s subject matter, scope and objective. It 
also  sets  out  definitions.  This  Regulation  is  applicable  to  EU  vessels  fishing  in  the  NAFO 
Regulatory Area.  

Chapter II deals with conservation and management measures, including provisions on catch 
limitations,  closure  of  fisheries,  transfer  of  quotas  and  bycatch  rules.  It  also  lays  down 
provisions on mesh size, marking of gear, minimum size of fish, and management measures 
for Northern prawns, skate, Greenland halibut and sharks.  

Chapter III sets out measures designed to protect vulnerable marine ecosystems in the NAFO 
Regulatory  Area,  including  area  restrictions  on  bottom  fishing  activities  and  conditions  for 
bottom fishing in new areas. 

Chapter  IV  lays  down  provisions  on  lists  of  vessels,  vessel  markings,  and  chartering 
arrangements. 

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Chapter  V  sets  out  the  rules  on  monitoring  and  reporting  catches,  product  labelling,  vessel 
monitoring systems and transhipments.  

Chapter  VI  contains  provisions  on  the  observer  scheme,  including  rules  on  the  observer 
programme and on electronic reporting. 

Chapter  VII  lays  down  provisions  on  inspection  and  surveillance  at  sea  in  the  NAFO 
Regulatory  Area.  It  lays  down  general  rules  for  inspection  and  surveillance,  sets  out 
provisions  for  inspections  and  surveillance  procedures  and  covers  the  provisions  on 
infringements and serious infringements. 

Chapter  VIII  contains  provisions  on  port  state  control,  including  reporting  obligations  with 
regard to designated ports and points of contact, provisions on notification for entry into port 
and authorisations to land or tranship. It also lays down reporting obligations with regard to 
port inspections.  

Chapter  IX  lays  down  provisions  on  fishing  vessels  from  countries  that  are  not  contracting 
parties to NAFO, including provisions on presumption of illegal, unreported and unregulated 
(IUU)  activities, sighting and inspection at sea and in port, provisional IUU vessels list and 
actions against vessels IUU listed vessels. 

Chapter  X  contains  final  provisions  on  matters  including  the  confidentiality  of  electronic 
reports  and  messages,  the  procedure  for  tabling  amendments,  delegated  powers  and 
amendments to existing EU legislation.  

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2018/0304 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

laying down conservation and control measures applicable in the Regulatory Area of the 
Northwest Atlantic Fisheries Organisation and repealing Council Regulation (EC) No 
2115/2005 and Council Regulation (EC) No 1386/2007 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2) thereof, 

Having regard to the proposal from the European Commission, 
Having regard to the opinion of the European Economic and Social Committee1, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

The  objective  of  the  Common  Fisheries  Policy  (CFP),  as  set  out  in  Regulation  (EU) 
No 1380/2013 of the European Parliament and of the Council2 is to ensure exploitation 
of  living  aquatic  resources  that  provides  sustainable  economic,  environmental  and 
social conditions. 

(2)  With  Council  Decision  98/392/EC3,  the  Union  has  approved  the  United  Nations 
Convention on the Law of the Sea and the Agreement for the Implementation of the 
Provisions of the United Nations Convention on the Law of the Sea of 10 December 
1982  relating  to  the  Conservation  and  Management  of  Straddling  Fish  Stocks  and 
Highly  Migratory  Fish  Stocks,  which  contain  principles  and  rules  with  regard  to  the 
conservation and management of the living resources of the sea. In the framework of 
its wider international obligations, the Union takes part in efforts made in international 
waters to conserve fish stocks. 

(3) 

The  Union  is  party  to  the  Convention  on  Future  Multilateral  Cooperation  in  the 
Northwest  Atlantic  Fisheries  ('the  NAFO  Convention'),  approved  by  Council 

1 
2 

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OJ C , , p. . 
Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on 
the  Common  Fisheries  Policy,  amending  Council  Regulations  (EC)  No  1954/2003  and  (EC)  No 
1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council 
Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22). 
Council  Decision  of  23  March  1998  concerning  the  conclusion  by  the  European  Community  of  the 
United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 
1994 relating to the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 1).  

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(4) 

(5) 

(6) 

(7) 

Regulation (EEC) N° 3179/784.An Amendment to the NAFO Convention was adopted 
on 28 September 2007 and approved by Council Decision (EU) 2010/717.5 

NAFO  has  the  authority  to  adopt  legally-binding  decisions  for  the  conservation  of 
fisheries  resources  under  its  purview.  These  acts  are  essentially  addressed  to  the 
NAFO Contracting Parties, but also contain obligations for the  operators (e.g. vessel 
masters).  Upon  their  entry  into  force,  the  NAFO  Conservation  and  Enforcement 
Measures are binding on all NAFO Contracting Parties and, in the case of the Union, 
are  to  be  incorporated  into  Union  law  to  the  extent  to  which  they  are  not  already 
covered by Union law. 
The Council Regulation (EC) No 1386/20076 transposed the NAFO Conservation and 
Enforcement Measures into Union law. 

The NAFO Conservation and Enforcement Measures were amended by every annual 
meeting of NAFO Contracting Parties from 2008 onwards. These new provisions need 
to  be incorporated in  the Union law;  including  for  conservation measures for certain 
species, protection of vulnerable marine ecosystems, inspection procedures at sea and 
in port, vessels requirements, monitoring of fishing activities and additional Port State 
measures. 

Considering  that  certain  provisions  of  the  NAFO  Conservation  and  Enforcement 
Measures  are  being  amended  more  frequently  by  NAFO  Contracting  Parties  and  are 
foreseen likely to be amended more in the future, in order to swiftly incorporate into 
Union law future amendments to the NAFO Conservation and Enforcement Measures, 
the  power  to  adopt  acts  in  accordance  with  Article  290  of  the  Treaty  on  the 
Functioning of the European Union should therefore be delegated to the Commission 
in respect of the following aspects: reporting time limits, deadlines for submission of 
reports;  definitions;  list  of  prohibited  activities of  research vessels;  certain  catch  and 
efforts  limitations;  duties  related  to  closures  of  fisheries;  situations  where  species 
listed in the fishing opportunities shall be classified as bycatch, specified maxima for 
the  retention  on  board  for  species  classified  as  bycatch;  certain  obligations  in  case 
bycatch  limits  are  exceeded  in  any  one  haul;  measures  related  to  skate  fishing; 
measures related to Northern prawn fishing; change of fishery depths and references to 
restricted or closed areas; procedures concerning authorised vessels with more than 50 
tonnes live weight total catch on board taken outside the Regulatory Area entering the 
area to fish for Greenland halibut, preconditions for beginning to fishing for Greenland 
halibut;  geographical  and  time  closures  for  Northern  prawn;  shark  conservation 
measures, including reporting, prohibition of removal of shark fins on board, retention, 
transhipment and landing; technical characteristics of mesh sizes; references to Map of 
Footprint;  and  references  to  area  restrictions  for  bottom  fishing  activities;  provisions 
concerning  definition  of  encounter  with  Vulnerable  Marine  Ecosystems  (VME) 
indicator  species  and  duties  of  an  observer  deployed;  content  of  the  electronic 

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Council  Regulation  (EEC)  No  3179/78  of  28  December  1978  concerning  the  conclusion  by  the 
European  Economic  Community  of  the  Convention  on  Future  Multilateral  Cooperation  in  the 
Northwest Atlantic Fisheries (OJ L 378, 30.12.1978, p. 1).  
Council  Decision  2010/717/EU,  Council Decision of  8 November  2010 on  the  approval,  on behalf of 
the  European  Union,  of  the  Amendment  to  the  Convention  on  Future  Multilateral  Cooperation  in  the 
Northwest Atlantic Fisheries (OJ L 321, 7.12.2010, p. 1). 
Council Regulation (EC) No 1386/2007 of 22 October 2007 laying down conservation and enforcement 
measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (OJ L 318, 
5.12.2007, p. 1). 

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transmission, list of valid documents to be carried on board the vessels, the content of 
capacity  plans;    documentation  to  be  carried  on  board  of  vessels  on  chartering 
arrangements;  obligations  concerning  the  utilization  of  fishing  logbooks,  production 
logbooks,  stowage  plans,  including  reporting  and  transmission  duties;  the  VMS 
(Vessel Monitoring System) data; provisions on electronic reporting on the content of 
notifications; obligations of the master of a fishing vessel during inspection; duties of 
inspectors  and  of  inspecting  Member  States;  list  of  violations  constituting  a  serious 
infringement;  duties  of  the  flag  Member  State  and  of  the  port  Member  State; 
obligations of the master of a fishing vessel; port entry requirements and inspections 
of non-contracting party parties; list of measures to be taken by Member State against 
IUU listed vessels; and annual reporting obligations. 

It is of particular importance that the Commission carry out appropriate consultations 
during its preparatory work, including at expert level, and that those consultations be 
conducted  in  accordance  with  the  principles  laid  down  in  the  Interinstitutional 
Agreement on Better Law-Making7. In particular, to ensure equal participation in the 
preparation  of  delegated  acts,  the  European  Parliament  and  the  Council  receive  all 
documents  at  the  same  time  as  Member  States’  experts,  and  their  experts 
systematically have access to meetings of Commission expert groups dealing with the 
preparation of delegated acts. 

The Commission representing the Union at the NAFO meetings agrees annually to a 
number of purely technical provisions of the Conservation and Enforcement Measures 
of  NAFO,  in  particular  concerning  format  and  content  of  information  exchange, 
scientific terminology or closures of vulnerable areas. Those technical provisions and 
changes  thereto  should  be  incorporated  into  Union  law  without  changes,  as  they  are 
binding  upon  the  Union  and  on  its  Member  States,  and  in  order  to  ensure  uniform 
application across all NAFO Contracting Parties and enforceability against natural and 
legal  persons.  In  order  to  ensure  uniform  conditions  for  the  implementation  of  the 
relevant  provisions,  the  Commission  should  publish  those  measures  in  the  Official 
Journal of the European Union, 

(8) 

(9) 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I 
GENERAL PROVISIONS 

Article 1 

Scope 

1. 

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8 

This Regulation, unless otherwise provided, applies to Union fishing vessels used or 
intended  for  use  for  the  purposes  of  commercial  fishing  activities  conducted  on 
fisheries  resources  in  the  Northwest  Atlantic  Fisheries  Organisation  (NAFO) 
Regulatory Area, as defined in the Annex I to the Convention8. 

Interinstitutional Agreement between the European Parliament, the Council of the European Union and 
the  European  Commission  on  Better  Law-Making,  Interinstitutional  Agreement  of  13  April  2016  on 
Better Law-Making (OJ L 123, 12.5.2016, p. 1). 
Council Decision 2010/717/EU, Council Decision of 8 November 2010 on the approval, on behalf of 
the  European  Union,  of  the  Amendment  to  the  Convention  on  Future  Multilateral  Cooperation  in  the 
Northwest Atlantic Fisheries (OJ L 321, 7.12.2010, p.1). 

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2. 

3. 

This Regulation applies without prejudice to the obligations in existing Regulations 
in  the  fisheries  sector,  in  particular  the  provisions  laid  down  in  a  Regulation  (EU) 
2017/24039 and the Council Regulation (EC) No 1005/200810.  

Unless  otherwise  provided  in  the  Regulation,  Union  research  vessels  shall  not  be 
restricted by conservation and management measures pertaining to the taking of fish, 
in particular, concerning mesh size, size limits, closed areas and seasons. 

Article 2 

Subject matter  

This  Regulation  lays  down  the  rules  for  the  transposition  of  the  NAFO  Conservation  and 
Enforcement Measures for their uniform and effective implementation within the Union. 

Article 3 

Definitions 

For the purposes of this Regulation, the following definitions shall apply: 

(1) 

(2) 

(3) 

(4) 

(5) 

‘Convention’ means the 1979 Convention on Cooperation in the Northwest Atlantic 
Fisheries, as amended from time to time; 

‘Convention Area’ means the area to which the Convention applies as described in 
its  Article  IV  paragraph  1.  The  Convention  Area  is  divided  into  scientific  and 
statistical  Subareas,  Divisions  and  Subdivisions  listed  in  the  Annex  I  to  the 
Convention, referred to in this Regulation; 

‘Regulatory  Area’  means  that  part  of  the  Convention  Area  beyond  national 
jurisdiction; 

‘Fishery resources’ means all fish, molluscs and crustaceans within the Convention 
Area  excluding:  (i)  sedentary  species  over  which  coastal  States  may  exercise 
sovereign rights consistent with Article 77 of the United Nations Convention on the 
Law  of  the  Sea;  and  (ii)  in  so  far  as  they  are  managed  under  other  international 
treaties, anadromous and catadromous stocks and highly migratory species listed in 
Annex I of the United Nations Convention on the Law of the Sea; 

‘Fishing  activities’  means  harvesting  or  processing  fishery  resources,  landing  or 
transhipping of fishery resources or products derived from fishery resources, or any 
other activity in preparation for, in support of, or related to the harvesting of fisheries 
resources in the Regulatory Area, including:  

(a) 

(b) 

the actual or attempted searching for, catching or taking of fishery resources;  

any  activity  that  can  reasonably  be  expected  to  result  in  locating,  catching, 
taking, or harvesting of fishery resources for any purpose; and  

9 

10 

Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the 
sustainable management of external fishing fleets (OJ L 347, 28.12.2017, p. 81). 
Council  Regulation  (EC)  No  1005/2008  of  29  September  2008  establishing  a  Community  system  to 
prevent, deter and eliminate illegal, unreported and unregulated fishing (OJ L 286, 29.10.2008, p. 1). 

EN 

10 

  EN 

 
                                                                                                                                                         
 
(c) 

any operation at sea in support of, or in preparation for, any activity described 
in  this  definition  but  does  not  include  any  operations  related  to  emergencies 
involving the health and safety of the crew members or the safety of a vessel; 

‘Fishing  vessel’  means  any  Union  vessel  that  is  or  has  been  engaged  in  fishing 
activities, and includes fish processing vessels, and vessels engaged in transhipment 
or  any  other  activity  in  preparation  for  or  related  to  fishing  activities,  or  in 
experimental or exploratory fishing activities; 

‘Research vessel’ means a vessel permanently used for research or a vessel normally 
used for fishing activities or fisheries support activity that is for the time being used 
for fisheries research;  

‘CEM’  means  Conservation  and  Enforcement  Measures  in  force  as  adopted  by  the 
Commission of NAFO11; 

‘Fishing opportunities’ means fishing quotas allocated to a Member State by a Union 
act in force for the Regulatory Area; 

 ‘EFCA’  is  the  European  Fisheries  Control  Agency  as  established  by  Council 
Regulation (EC) 768/200512; 

‘Fishing day’ means any calendar day or any fraction of a calendar day in which a 
fishing vessel is present in any Division in the Regulatory Area; 

‘Port’  includes  offshore  terminals  and  other  installations  for  landing,  transhipping, 
packaging, processing, refuelling or resupplying; 

‘Non-Contracting Party vessel’ means a vessel entitled to fly the flag of a State that 
is not a Contracting Party to NAFO, is not a Member State or a vessel suspected to 
be without nationality; 

‘Transhipment’ means transfer, over the side, from one fishing vessel to another, of 
fisheries resources or products; 

‘Mid-water  trawl’  means  trawl  gear  that  is  designed  to  fish  for  pelagic  species,  no 
portion of which is designed to be or is operated in contact with the bottom at any 
time. The gear shall not include discs, bobbins or rollers on its footrope or any other 
attachments designed to make contact with the bottom, but it may have chafing gear 
attached; 

‘Vulnerable marine ecosystems (VMEs)’ means the VMEs referred to in paragraphs 
42  and  43  of  the  FAO  International  Guidelines  for  the  Management  of  Deep-Sea 
Fisheries in the High Seas; 

‘Footprint’, otherwise known as ‘Existing bottom fishing areas’, means that portion 
of the Regulatory Area where bottom fishing has historically occurred, and is defined 
by the coordinates shown in Table 4 and illustrated in Figure 2 of the CEM;  

‘Bottom  fishing  activities’  means  any  activity where  the  fishing  gear  contacts  or  is 
likely to contact the seafloor during the normal course of fishing operations; 

Available at:<https://www.nafo.int>. 
Council  Regulation  (EC)  No  768/2005  of  26  April  2005  establishing  a  Community  Fisheries  Control 
Agency  and  amending  Regulation  (EEC)  No  2847/93  establishing  a  control  system  applicable  to  the 
common fisheries policy (OJ L 128, 21.5.2005, p.1). 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

(13) 

(14) 

(15) 

(16) 

(17) 

(18) 

11 
12 

EN 

11 

  EN 

 
                                                 
(19) 

(20) 

(21) 

(22) 

(23) 

(24) 

(25) 

(26) 

(27) 

(28) 

(29) 

1. 

2. 

(a) 

(b) 

3. 

‘Processed  fish’  means  any  marine  organism  that  has  been  physically  altered  since 
capture,  including  fish  that  has  been  filleted,  gutted,  packaged,  canned,  frozen, 
smoked, salted, cooked, pickled, dried or prepared for market in any other manner;  

‘Exploratory  bottom  fishing  activities’  means  bottom  fishing  activities  conducted 
outside the footprint, or within the footprint with significant changes to the conduct 
or in the technology used in the fishery;  

‘VME indicator species’ means the species that signal the occurrence of vulnerable 
marine ecosystems, as specified in Part VI of Annex I.E of the CEM; 

‘IMO Number’ means a 7-digit number, which is assigned under the authority of the 
International Maritime Organization; 

‘Inspector’,  unless  otherwise  specified,  means  an  inspector  of  the  fishery  control 
services  of  a  NAFO  Contracting  Party  assigned  to  the  Joint  Inspection  and 
Surveillance Scheme of Chapter VII; 

‘IUU fishing’ refers to the activities described in the International Plan of Action to 
Prevent,  Deter,  and  Eliminate  Illegal,  Unreported  and  Unregulated  Fishing  adopted 
by the Food and Agriculture Organization of the United Nations; 

‘Fishing trip’ for a fishing vessel includes the time spent inside the Regulatory Area 
and continues until all catch on board from the Regulatory Area has been landed or 
transhipped; 

‘FMC’ means a land-based fisheries monitoring centre of the flag Member State; 

‘IUU Vessel List’ means the list established in accordance with Articles 52 and 53 of 
the CEM; 

‘Significant  adverse  impacts’  means  the  significant  adverse  impacts  referred  to  in 
paragraphs  17  to  20  of  the  FAO  International  Guidelines  for  the  Management  of 
Deep Sea Fisheries in the High Seas; 

‘VME  indicator  element’  means  the  VME  indicator  element  referred  to  in 
topographical, hydrophysical or geological features which potentially support VMEs, 
as specified in Part VII of Annex I.E of the CEM. 

CHAPTER II 

CONSERVATION AND MANAGEMENT MEASURES 

Article 4 

Research vessels 

Unless  otherwise  provided,  research  vessels  shall  not  be  restricted  by  conservation 
and management measures pertaining to the taking of fish in the Regulatory Area, in 
particular, mesh size, size limits, closed areas and seasons. 

A research vessel shall not: 

conduct fishing activities inconsistent with its research plan; or 

take 3L Northern prawn in excess of the allocation of the Member State. 

No less than fourteen days prior to the commencement of a fishery research period, 
the flag Member State shall: 

EN 

12 

  EN 

 
(a) 

(b) 

4. 

5. 

6. 

7. 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

(e) 

by electronic transmission in the format prescribed in Annex II.C of the CEM, notify 
the  Commission  of  all  research  vessels  entitled  to  fly  its  flag  it  has  authorized  to 
conduct research activities in the Regulatory Area; and 

provide  to  the  Commission  a  Research  Plan  for  all  vessels  entitled  to  fly  its  flag 
authorized  to  conduct  research,  including  the  purpose,  location  and,  for  vessels 
temporarily engaged in research, the dates during which the vessel will be engaged 
as a research vessel. 

The flag Member State shall immediately notify the Commission of the termination 
of research activities by any research vessel. 

The flag Member State shall notify the Commission of any changes to the Research 
Plan not less than fourteen days before the date these changes become effective. The 
research vessel shall maintain a record of the changes on board. 

Vessels engaged in research shall at all times keep on board a copy of the Research 
Plan in the English language. 

The  Commission  shall  forward  the  information  notified  by  flag  Member  States  in 
accordance  with  paragraphs  3,  4,  and  5  to  the  NAFO  Executive  Secretary  no  later 
than  seven  days  before  the  commencement  of  the  fishery  period  or,  in  the  case  of 
changes to the Research Plan, seven days before the date any change to the Research 
Plan becomes effective. 

Article 5 

Catch and effort limitations 

Each  Member  State  shall  ensure  that  all  catch  and  effort  limitations  shall  apply  to 
stocks  identified  in  fishing  opportunities  in  force,  and  unless  otherwise  stated,  all 
quotas shall be expressed as live weight, in metric tonnes. 

For  stocks  identified  in  the  fishing  opportunities  in  force  caught  within  the 
Regulatory Area by vessels entitled to fly its flag, each flag Member State shall: 

limit  the  catch  by  its  vessels  so  that  the  quota  allocated  to  that  Member  State  in 
accordance with fishing opportunities in force is not exceeded; 

ensure that all species from stocks listed in fishing opportunities in force caught by 
its vessels are counted against the quota allocated to that Member State, including the 
bycatch of 3M redfish taken between the estimated date when 50% of the 3M redfish 
TAC is taken and 1 July; 

ensure  that  no  more  3M  redfish  is  retained  onboard  its  vessels  after  the  estimated 
date when 100% of the 3M redfish TAC is taken; 

be  permitted  to  fish  for  stocks  in  which  it  has  not  been  allocated  a  quota  in 
accordance  with  the  fishing  opportunities  in  force,  hereafter  referred  to  as  ‘Others’ 
quota,  if  such  quota  exists  and  notification  of  closure  has  not  been  given  by  the 
NAFO Executive Secretary;   

notify the Commission and the EFCA about the names of EU vessels that intend to 
fish  the  ‘Others’  quota  at  least  48  hours  in  advance  of  each  entry,  and  after  a 
minimum of 48 hours of absence from the Regulatory Area. This notification shall, if 

EN 

13 

  EN 

 
 
(f) 

3. 

1. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

possible,  be  accompanied  with  an  estimate  of  the  projected  catch.  This  notification 
shall be posted to the NAFO Monitor, Control and Surveillance (MCS) website13; 

limit its fishing activities for Northern prawns in Division 3M in accordance with the 
fishing effort in the fishing opportunities in force under the Regulation. 

For any one haul, the species which comprises the largest percentage, by weight, of 
the total catch in the haul shall be considered as being taken in a directed fishery for 
the stock concerned. 

Article 6 

Closures of fisheries  

Each Member State shall: 

close  its  fishery  for  stocks  listed  in  the  fishing  opportunities  in  force  in  the 
Regulatory Area on the date on which the available data indicates that the total quota 
allocated to that Member State for the stocks concerned will be taken, including the 
estimated  quantity  to  be  taken  prior  to  the  closure  of  the  fishery,  discards,  and 
estimated  unreported  catch  by  all  vessels  entitled  to  fly  the  flag  of  that  Member 
State; 

ensure its vessels immediately cease fishing activities that may result in catch when 
notified by the Commission in accordance with paragraph 3 that the quota allocated 
to that Member State has been fully taken. If the Member State can demonstrate that 
it still has quota available for that stock in accordance with paragraph 2, the vessels 
of that Member State may resume fishing on that stock; 

close  its  Northern  prawn  fishery  in  Division  3M  when  the  number  of  fishing  days 
allocated to that Member State is reached. The number of fishing days in respect of 
each vessel shall be determined using VMS positional data within Division 3M, with 
any part of a day being considered a full day; 

close its directed fishery for 3M redfish between the date the accumulated reported 
catch  is  estimated  to  reach  50%  of  the  3M  redfish  total  allowable  catch  (TAC),  as 
notified in accordance with paragraph 3 and 1 July;   

close its directed fishery for redfish in 3M on the date the accumulated reported catch 
is  estimated  to  reach  100%  of  the  3M  redfish  TAC,  as  notified  in  accordance  with 
paragraph 3; 

promptly notify the Commission of the date of closure provided for in points (a) to 
(e); 

prohibit  vessels  entitled  to  fly  its  flag  from  continuing  a  directed  fishery  in  the 
Regulatory  Area  for  a  particular  stock  under  an  “Others”  quota  beyond  5  days  of 
notification  by  the  NAFO  Executive  Secretary,  as  transmitted  by  the  Commission 
that  that  particular  “Others”  quota  is  projected  to  be  taken,  in  accordance  with 
paragraph 3; 

(h) 

ensure  that  no  vessel  entitled  to  fly  its  flag  commences  a  directed  fishery  in  the 
Regulated Area for a particular stock under the ‘Others’ quota following notification 

13 

https://mcs.nafo.int/ 

EN 

14 

  EN 

 
 
                                                 
by the NAFO Executive Secretary that that particular quota is projected to be taken, 
in accordance with paragraph 3;     

after a closure of its fishery in accordance with this paragraph, ensure that no more 
fish  of  the  stock  concerned  is  retained  on  board  the  vessels  entitled  to  fly  its  flag 
unless otherwise authorized by this Regulation. 

A  fishery  that  has  been  closed  in  accordance  with  paragraph  1  may  be  re-opened 
within  15  days  of  notification  by  the  Commission  following  communication  with 
NAFO Executive Secretary: 

if  the  NAFO  Executive  Secretary  confirms  that  the  Commission  has  demonstrated 
that there is remaining quota available from its original allocation; or 

if a quota transfer from another NAFO Contracting Party, in accordance with fishing 
opportunities, results in additional quota for the particular stock subject to closure. 

The  Commission  shall  promptly  notify  the  Member  States  of  the  date  of  closure 
referred to in paragraph 1. 

Article 7 

Bycatch retained on board 

Member  States  shall  ensure  that  their  vessels,  including  vessels  chartered  in 
accordance  with  Article  23,  minimize  bycatch  of  species  from  stock  identified  in 
their respective fishing opportunities in force while operating in the Regulatory Area. 

A  species  listed  in  the  fishing  opportunities  in  force  shall  be  classified  as  bycatch 
when it is taken in a Division where any of the following situations exist: 

no quota has been allocated to that Member State for that stock in that Division, in 
accordance with the fishing opportunities in force; 

a ban on fishing for that particular stock is in force (moratoria); or 

the ‘Others’ quota for a particular stock has been fully utilized, following notification 
by the Commission in accordance with Article 6. 

Each  Member  State  shall  ensure  that  its  vessels,  including  vessels  chartered  in 
accordance  with  Article  23,  limit  the  retention  of  on  board  species  classified  as 
bycatch to the maxima specified below: 

for cod in Division 3M, redfish in 3LN and witch flounder in 3NO: 1250 kg or 5%, 
whichever is the greater; 

for cod in Division 3NO:  1000 kg or 4%, whichever is the greater; 

for all  other stocks listed in  fishing opportunities where  no specific  quota has  been 
allocated to the Member State:  2500 kg or 10%, whichever is the greater; 

where  a  ban  on  fishing  applies  (moratoria),  or  when  the  ‘Others’  quota  opened  for 
that stock has been fully utilized: 1250 kg or 5%, whichever is the greater; and 

once  the  directed  fishery  for  redfish  in  Division  3M  is  closed  in  accordance  with 
Article 6(1)(d): 1250 kg or 5%, whichever is the greater. 

The limits and percentages provided for in paragraph 3 are calculated by Division as 
the percentage, by weight, for each stock of the total catch of stocks listed in fishing 

(i) 

2. 

(a) 

(b) 

3. 

1. 

2. 

(a) 

(b) 

(c) 

3. 

(a) 

(b) 

(c) 

(d) 

(e) 

4. 

EN 

15 

  EN 

 
 
opportunities  retained  on  board  for  that  Division  at  the  time  of  inspection,  on  the 
basis of the fishing logbook figures. 

5. 

The  calculation  of  groundfish  bycatch  levels  in  paragraph  3  shall  not  include  the 
catches of Northern prawn in the total catch on board. 

Article 8 

1. 

(a) 

(b) 

2. 

3. 

4. 

Exceeding bycatch limits in any one haul 

Each Member State shall ensure that its vessels: 

do not conduct directed fisheries for species referred to in Article 7(2);  

comply  with  the  following  requirements,  where,  with  the  exception  of  directed 
fishery  for  Northern  prawn,  the  weight  of  any  species  subject  to  the  bycatch  limits 
exceeds the greater of the limits specified in Article 7(3) in any one haul: 

i. 

ii. 

iii. 

iv. 

immediately  move  a  minimum  of  10  nautical  miles  from  any  position  of  the 
previous tow/set throughout the subsequent tow/set; 

leave  the  Division  and  not  return  for  at  least  60  hours  if  the  bycatch  limits 
specified  in  Article  7(3)  are  again  exceeded  following  the  first  tow/set  after 
moving in accordance with point (b)(i); 

undertake a trial tow for a maximum duration of 3 hours before starting a new 
fishery  following  an  absence  of  at  least  60  hours.  If  the  stocks  subjected  to 
bycatch  limits  form  the  largest  percentage,  by  weight,  of  the  total  resultant 
catch in the haul, this is not considered as a directed fishery for those stocks, 
and  the  vessel  must  immediately  change  position  in  accordance  with  points 
(b)(i) and (ii); and 

identify any trial tow conducted in accordance with point (b) and record in the 
fishing logbook the coordinates pertaining to the start and end locations of any 
trial tow conducted.  

In  a directed fishery for Northern prawn, the move referred to  in  paragraph  1 shall 
apply  when,  for  any  one  haul,  the  quantity  of  the  total  groundfish  stock  listed  in 
fishing opportunities in force exceeds 5% in Division 3M or 2.5% in Division 3L. 

When  a  vessel  is  conducting  a  directed  fishery  for  skate  with  a  legal  mesh  size 
appropriate  for  that  fishery,  the  first  time  that  catches  of  stocks  for  which  bycatch 
limits apply, as specified in Article 7(2), comprise the largest percentage by weight 
of the total catch in a haul, such catches shall be considered as incidental catch, but 
the vessel shall immediately move as specified in paragraph 1. 

The percentage of bycatch in any one haul is calculated as the percentage, by weight, 
for each stock listed in the fishing opportunities in force of the total catch from that 
haul. 

EN 

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Article 9 

Northern prawn 

1. 

2. 

3. 

4. 

5. 

6. 

1. 

(a) 

(b) 

(c) 

(d) 

For  the  purpose  of  this  Article,  Division  3M  includes  that  portion  of  Division  3L 
enclosed by lines joining the points described in Table 1 and depicted in Figure 1(1) 
of the CEM. 

A vessel fishing for Northern Prawn and other species on the same trip shall transmit 
a report to the Commission signalling the change of fishery. The number of fishing 
days shall be calculated accordingly. 

Fishing  days  referred  to  in  this  Article  are  not  transferable  between  NAFO 
Contracting Parties. Fishing days of one NAFO Contracting Party may be utilized by 
a  vessel  entitled  to  fly  the  flag  of  another  NAFO  Contracting  Party  only  in 
accordance with Article 23. 

No vessel shall fish for Northern prawn in Division 3M between 00:01 Coordinated 
Universal  Time  (UTC)  on  1  June  and  24:00  UTC  on  31  December  in  the  area  as 
described in the Table 2 and depicted in Figure 1(2) of the CEM. 

All fishing for Northern prawn in Division 3L shall take place in depths greater than 
200  m.  Fishing  in  the  Regulatory  Area  shall  be  restricted  to  an  area  east  of  a  line 
bound  by  the  coordinates  described  in  Table  3  and  depicted  in  Figure  1(3)  of  the 
CEM. 

Each vessel that has fished for Northern prawn in Division 3L, or its representatives 
on  its  behalf,  shall  provide  to  the  competent  port  authority  at  least  24  hours  prior 
notice  of  its  estimated  time  of  arrival  and  the  estimated  quantities  on  board  of 
Northern prawn by Division. 

Article 10 

Greenland halibut 

The  following  measures  apply  to  vessels  24  meters  or  greater  in  overall  length 
engaged in the Greenland halibut fishery in Subarea 2 and Divisions 3KLMNO: 

each  Member  State  shall  allocate  its  quota  for  Greenland  halibut  among  its 
authorized vessels; 

an authorized vessel shall land its Greenland halibut catch only in a designated port. 
To  this  end,  each  Member  State  shall  designate  one  or  more  ports  in  its  territory 
where authorized vessels may land Greenland halibut; 

each  Member  State  shall  send  to  the  Commission  the  name  of  every  port  it  has  so 
designated.  Any  subsequent  changes  to  the  list  shall  be  sent  in  replacement  of  the 
previous  one  no  less  than  twenty  days  before  the  change  comes  into  effect.  The 
Commission shall post the information to the NAFO MCS Website; 

at least 48 hours before its estimated time of arrival in port, an authorized vessel or 
its  representative  on  its  behalf,  shall  advise  the  competent  port  authority  of  its 
estimated  time  of  arrival,  the  estimated  quantity  of  Greenland  halibut  retained 
onboard, and information on the division or divisions where the catches were taken; 

EN 

17 

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(e) 

2. 

(a) 

(b) 

(c) 

(d) 

each Member State shall  inspect  each landing of Greenland halibut  in its ports and 
prepare an inspection report in the format prescribed in Annex IV.C of the CEM, and 
send it to the Commission with the EFCA in copy, within 10 working days from the 
date  on  which  the  inspection  was  completed.  The  PSC-3  report  shall  identify  and 
provide  details  of  any  infringement  of  the  Regulation  detected  during  the  port 
inspection.  It  shall  include  all  relevant  information  available  in  reference  to 
infringements detected at sea during the current trip of the inspected fishing vessel. 
The Commission shall post the information to the NAFO MCS Website. 

The following procedures apply with respect to authorized vessels with more than 50 
tonnes  live  weight  total  catch  on  board  taken  outside  the  Regulatory  Area  entering 
the Regulatory Area to fish for Greenland halibut: 

the master shall notify the NAFO Executive Secretary by e-mail or fax, at the latest 
72 hours prior to the vessel's entry into the Regulatory Area, of the amount of catch 
on  board,  the  position  by  latitude  and  longitude  where  the  master  intends  to 
commence  fishing,  the  estimated  time  of  arrival  at  the  position,  and  contact 
information for the fishing vessel (e.g., radio, satellite phone or email); 

an  inspection  vessel  that  intends to  inspect  a  fishing  vessel  before  it  begins  fishing 
for  Greenland  halibut  shall  notify  that  fishing  vessel  and  the  NAFO  Executive 
Secretary of the coordinates of a designated inspection point that is no more than 60 
nautical  miles  from  the  position  where  the  master  estimates  that  the  vessel  will 
commence fishing and shall inform other inspection vessels that may be operating in 
the Regulatory Area accordingly; 

a  fishing  vessel  notified  in  accordance  with  paragraph  (b)  shall  proceed  to  the 
designated inspection point; 

a fishing vessel may not begin fishing before being inspected in accordance with this 
Article, unless: 

i. 

ii. 

it receives no notification within 72 hours of the notification it has transmitted 
in accordance with subparagraph 2(a); or 

within  3  hours  of  its  arrival  at  the  designated  inspection  point,  the inspection 
vessel has not begun the intended inspection. 

3. 

The  landings  of  Greenland  halibut  from  non-Contracting  Party  vessels  that  have 
engaged in fishing activities in the Regulatory Area are prohibited.  

Article 11 

 Squid 

No vessel may fish for squid between 00:01 UTC on 1 January to 24:00 UTC on 30 June in 
Subareas 3 and 4. 

Article 12 

Conservation and management of sharks 

1. 

Member States shall: 

EN 

18 

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(a) 

(b) 

(c) 

2. 

3. 

4. 

5. 

(a) 

(b) 

6. 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

3. 

report  all  catches  of  sharks,  including  available  historical  data,  in  accordance  with 
the catch and fishing effort reporting procedures set out in Article 25;  

prohibit the removal of shark fins on-board vessels; 

prohibit the retention on-board, transhipment and landing of shark fins fully detached 
from a carcass. 

Without prejudice to paragraph 1, in order to facilitate on-board storage, shark fins 
may be partially sliced through and folded against the carcass. 

No  fishing  vessel  shall  retain  on  board,  tranship  or  land  any  fins  harvested  in 
contravention of these provisions.  

In fisheries that are not directed at sharks, each Member State shall encourage every 
vessel entitled to fly its flag to release sharks alive, and especially juveniles, that are 
not intended for use as food or subsistence.  

Member States shall, where possible:  

undertake  research  to  identify  ways  to  make  fishing  gear  more  selective  for  the 
protection of sharks;  

conduct  research  on  key  biological  and  ecological  parameters,  life-history, 
behavioural traits and migration patterns, as well as on the identification of potential 
mapping, pupping and nursery grounds of key shark species.  

Member  States  shall  provide  the  results  of  such  research  to  the  Commission,  for 
transmission to the NAFO secretariat.  

Article 13 

Mesh sizes 

For the purpose of this Article, mesh size is measured in accordance with the Annex 
III.A of the CEM. 

No vessel shall fish with a net having a mesh size smaller than prescribed for each of 
the following species:  

40 mm for Northern prawns and prawns (PRA); 

60 mm for short finned squid (SQI); 

280 mm in the codend and 220 mm in all other parts of the trawl for skate (SKA);  

130 mm for all other groundfish, as defined in Annex I.C of CEM;  

100 mm for pelagic Sebastes mentella (REB) in Subarea 2 and Divisions 1F and 3K; 
and 

90 mm for redfish (RED) in the fishery using mid-water trawls in Division 3O, 3M 
and 3LN.  

A  vessel  conducting  a  fishery  for  a  species  referred  to  in  paragraph  2  that  has  on 
board  nets  having  a  mesh  size  smaller  than  that  specified  in  that  paragraph,  shall 
ensure such nets are securely lashed and stowed and are not available for immediate 
use during that fishery. 

EN 

19 

  EN 

 
 
4. 

1. 

2. 

3. 

4. 

5. 

(a) 

(b) 

1. 

(a) 

(b) 

(c) 

2. 

A  vessel  conducting  a  directed  fishery  for  species  other  than  those  identified  in 
paragraph 2 is, however, permitted to take regulated species with nets having a mesh 
size less than that specified in paragraph 2, provided that the bycatch requirements in 
Article 7 (3) are complied with. 

Article 14 

Use of attachments and marking of gear 

Strengthening ropes, splitting straps and codend floats may be used on trawls, as long 
as these attachments do not in any way restrict the authorized mesh or obstruct the 
mesh opening. 

No vessel shall use any means or device that obstructs or diminishes the size of the 
meshes.  However,  vessels  may  attach  devices  described  in  the  Annex  III.B 
Authorized Topside Chafers/Shrimp Toggle Chains of the CEM to the upper side of 
the codend in a manner that does not obstruct the meshes of the codend including any 
lengthener(s). Canvas, netting or other material may be attached to the underside of 
the codend of a net only to the extent required to prevent or minimize damage to the 
codend. 

Vessels fishing for Northern prawn in Divisions 3L or 3M shall use sorting grids or 
grates with a maximum bar spacing of 22 mm. Vessels fishing for Northern prawn in 
Division 3L shall also be equipped with toggle chains with a minimum length of 72 
cm as measured in accordance with Annex III.B of the CEM. 

When fishing in the seamount closures defined in Article 18(1), only mid-water trawl 
gear is allowed. 

No fishing vessel shall: 

use  gear  that  is  not  marked  in  accordance  with  generally  accepted  international 
standards,  in  particular,  the  Convention  on  Conduct  of  Fishing  Operations  in  the 
North Atlantic; or 

deploy  any  marker  buoy  or  similar  object  floating  on  the  surface  and  intended  to 
indicate the location of fixed fishing gear without displaying the vessel's registration 
number. 

Article 15 

Lost or abandoned fishing gears, retrieval of fishing gears 

Each Member State shall ensure that: 

vessels  fishing  in  the  Regulatory  Area  entitled  to  fly  its  flag  have  equipment  on 
board to retrieve lost gear;  

the  master  of  a  vessel  that  has  lost  gear  or  part  of  it  shall  make  every  reasonable 
attempt to retrieve it as soon as possible; and 

no master shall deliberately abandon fishing gear, except for safety reasons. 

If  the  lost  gear  cannot  be  retrieved,  the  master  of  the  vessel  shall  notify  the  flag 
Member State within 24 hours of the following: 

EN 

20 

  EN 

 
 
(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

3. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

4. 

1. 

2. 

3. 

the name and call sign of the vessel; 

the type of lost gear; 

the quantity of gear lost; 

the time when the gear was lost; 

the position where the gear was lost; and 

the measures taken by the vessel to retrieve the lost gear. 

Following retrieval of lost gear, the master of the vessel shall notify the flag Member 
State within 24 hours of the following: 

the name and call sign of the vessel that has retrieved the gear; 

the name and call sign of the vessel that lost the gear (if known); 

the type of gear retrieved; 

the quantity of gear retrieved; 

the time when the gear was retrieved; and 

the position where the gear was retrieved. 

The  Member  State  shall  without  delay  notify  the  Commission  of  the  information 
referred to in paragraphs 2 and 3, for transmission to the NAFO Executive Secretary. 

Article 16 

Minimum fish size requirements 

No vessel shall retain on board any fish smaller than the minimum size established in 
accordance with Annex I.D of the CEM, which it shall immediately return to the sea. 

Processed  fish  which  is  below  a  length  equivalent  prescribed  for  that  species  in 
Annex  I.D  of  the  CEM  is  considered  to  derive  from  fish  that  is  smaller  than  the 
minimum fish size prescribed for that species.  

Where  the  number  of  undersized  fish  in  a  single  haul  exceeds  10%  of  the  total  by 
number  of  fish  in  that  haul,  the  vessel  shall  for  its  next  tow  maintain  a  minimum 
distance of 5 nautical miles from any position of the previous tow. 

CHAPTER III 
PROTECTION OF VULNERABLE MARINE ECOSYSTEMS (VMEs) IN THE 
REGULATORY AREA FROM BOTTOM FISHING ACTIVITIES  

Article 17  

Map of footprint (existing bottom fishing areas) 

The map of existing bottom fishing areas in the Regulatory Area illustrated in the Figure 2 of 
the  CEM  is  delimited  on  the  western  side  by  the  Canadian  Exclusive  Economic  Zone 
boundary and the eastern side by the coordinates shown in Table 4 of the CEM. 

EN 

21 

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1. 

2. 

3. 

4. 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

1. 

Article 18  

Area restrictions for bottom fishing activities 

Until 31 December 2020, no vessel shall engage in bottom fishing activities in any of 
the  areas  illustrated  in  Figure  3  of  the  CEM  and  defined  by  connecting  the 
coordinates  specified  in  Table  5  of  the  CEM  in  their  numerical  order  and  back  to 
coordinate 1. 

Until  31  December  2020,  no  vessel  shall  engage  in  bottom  fishing  activities  in  the 
area of Division 3O illustrated in Figure 4 of the CEM and defined by connecting the 
coordinates  specified  in  Table  6  of  the  CEM  in  their  numerical  order  and  back  to 
coordinate 1.  

Until 31 December 2020, no vessel shall engage in bottom fishing activities in areas 
1-13  illustrated  in  Figure  5  of  the  CEM  and  defined  by  connecting  the  coordinates 
specified in Table 7 of the CEM in numerical order and back to coordinate 1. 

Until 31 December 2018, no vessel shall engage in bottom fishing activities in area 
14  illustrated  in  Figure  5  and  defined  by  connecting  the  coordinates  specified  in 
Table 7 of the CEM in their numerical order and back to coordinate 1. 

Article 19 

Exploratory bottom fishing activities 

Exploratory bottom fishing activities shall be subject to a prior exploration conducted 
in accordance with the exploratory protocol set out in Annex I.E of the CEM. 

Member States whose vessels wish to engage in exploratory bottom fishing activities 
shall, for the purpose of the evaluation: 

communicate  to  the  Commission  the  ‘Notice  of  Intent  to  Undertake  Exploratory 
Bottom  Fishing’  in  accordance  with  Annex  I.E  of  the  CEM  together  with  the 
assessment required under Article 20(1); 

require vessels entitled to fly their flag to start exploratory bottom fishing activities 
only after they have been authorized by the conservation and management measures 
to prevent significant adverse impacts of the exploratory fishing activities on VMEs 
issued by NAFO Commission; 

have an observer with sufficient scientific expertise on board for the duration of the 
exploratory bottom fishing activity; and 

provide  to  the  Commission  an  ‘Exploratory  Bottom  Fishing  Trip  Report’  in 
accordance  with  Annex  I.E  of  the  CEM  within  2  months  of  the  completion  of  the 
exploratory bottom fishing activities.  

Article 20  

Preliminary assessment of proposed exploratory bottom fishing activities 

Any  Member  State  proposing  to  participate  in  exploratory  bottom  fishing  activities 
shall submit, in support of their proposal, a preliminary assessment of the known and 
anticipated  impacts  of  the  bottom  fishing  activity,  which  will  be  exercised  by  the 
vessels entitled to fly its flag, on VMEs. 

2. 

The preliminary assessment referred to in paragraph 1 shall: 

EN 

22 

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(a) 

be sent to the Commission no less than one week in advance of the opening of the 
June meeting of the NAFO Scientific Council; 

(b) 

address the elements in accordance with Annex I.E of the CEM. 

Article 21  

 Encounter with VME indicator species 

An encounter with VME indicator species is defined as catch per set (e.g. trawl tow, 
longline set, or gill net set) of more than 7 kg of sea pens and/or 60 kg of other live 
coral and/or 300 kg of sponges.  

Each  Member  State  shall  require  that  masters  of  vessels  entitled  to  fly  its  flag  and 
conducting  bottom  fishing  activities  in  the  Regulatory  Area  quantify  the  catch  of 
VME  indicator  species,  where  evidence  of  VME  indicator  species,  in  accordance 
Annex I.E of the CEM, are encountered during the course of fishing operations. 

If the quantity of VME indicator species caught in the fishing operation referred to in 
paragraph 2 (such as trawl tow or set of a gill net or longline) is beyond the threshold 
defined by the paragraph 1, the master of the vessel shall: 

report  the  encounter  without  delay  to  the  competent  authority  of  the  flag  State 
Contracting Party including the position that is provided by the vessel, either the end 
point  of  the  tow  or  set  or  another  position  that  is  closest  to  the  exact  encounter 
location, the VME indicator species encountered, the quantity (kg) of VME indicator 
species encountered; and 

cease  fishing  and  move  away  at  least  2  nautical  miles  from  the  endpoint  of  the 
tow/set in the direction least likely to result in further encounters. The captain shall 
use his best judgment based on all available sources of information. 

Each Member State shall require that an observer with sufficient scientific expertise 
be  deployed  in  accordance  with  Article  19(2)(c)  for  the  areas  outside  the  footprint 
who shall:  

identifies  corals,  sponges  and  other  organisms  to  the  lowest  possible  taxonomical 
level,  using  the  ‘Exploratory  Fishery  Data  Collection  Form’  in  accordance  with 
Annex I.E of the CEM; and 

delivers  the  results  of  such  identification  to  the  master  of  the  vessel  to  facilitate 
quantification referred to in paragraph 2 of this Article. 

Each Member State shall: 

forward,  without  delay,  the  encounter  information  reported  by  the  master  to  the 
Commission  if  the  quantity  of  the  VME  indicator  species  caught  in  a  fishing 
operation (such as  trawl, tow, set, of a gill  net or  longline) is  beyond the  threshold 
defined in paragraph 1 of this Article; 

issue an immediate alert of the encounter to all fishing vessels entitled to fly its flag; 
and, 

temporarily  close,  where  possible  a  two  mile  radius  around  any  reported  VME 
encounter  location  outside  of  footprint  upon  notification  by  the  Commission. 
Commission may reopen temporarily closed areas upon notification from the NAFO. 

1. 

2. 

3. 

(a) 

(b) 

4. 

(a) 

(b) 

5. 

(a) 

(b) 

(c) 

EN 

23 

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CHAPTER IV 

VESSEL REQUIREMENTS AND CHARTERING 

Article 22 

 Vessel requirements 

1. 

(a) 

(b) 

2. 

(a) 

(b) 

3. 

(a) 

(b) 

4. 

5. 

(a) 

(b) 

(c) 

Each  Member  State  shall  notify  the  Commission  of  the  following  by  electronic 
means: 

a list of its vessels entitled to fly its flag which it may authorize to conduct fishing 
activities, in the Regulatory Area, hereinafter referred to as a ‘notified vessel’, in the 
format prescribed in Annex II.C1 of the CEM; 

from time to time, any deletion from the list of notified vessels, without delay, in the 
format prescribed Annex II.C2 of the CEM. 

No fishing vessel shall conduct fishing activities in the Regulatory Area unless: 

it is listed as a notified vessel; and 

eligible vessels have been issued an IMO number. 

No Member State shall: 

permit a vessel entitled to fly its flag to conduct fishing activities in the Regulatory 
Area unless it has authorized it to do so; nor  

authorize  a  fishing  vessel  entitled  to  fly  its  flag  to  conduct  fishing  activities  in  the 
Regulatory Area unless it is able to exercise effectively its flag State duties in respect 
of such vessel. 

Each Member State shall manage the number of authorized fishing vessels and their 
fishing  effort  in  a  manner  that  takes  due  account  of  the  fishing  opportunities 
available to that Member State in the Regulatory Area. 

Each Member State shall transmit to the Commission by electronic means: 

the  individual  authorization  for  each  vessel  from  the  list  of  notified  vessels  it  has 
authorized to conduct fishing activities in the Regulatory Area, hereinafter referred to 
as  an  ‘authorized  vessel’,  in  the  format  specified  in  Annex  II.C3  the  CEM  and  no 
later  than  20  days  before  the  start  of  the  fishing  activities  for  the calendar year; 

Each authorization shall in particular identify the start and end dates of validity and, 
the species for which directed fishery is allowed, unless exempted in Annex II.C3 of 
CEM.  If  the  vessel  intends  to  fish  for  regulated  species  referred  to  in  fishing 
opportunities, the identification shall refer to the stock, where the regulated species is 
associated to the area concerned; 

the  suspension  of  the  authorization,  in  the  format  prescribed  in  Annex  II.C4  of  the 
CEM,  without  delay,  in  case  of  removal  of  the  authorization  concerned  or  of  any 
modification to its content, where the removal or the modification occurs during the 
period of validity; 

the  resumption  of  a  suspended  authorization,  transmitted  in  accordance  with  the 
procedure described in point (a). 

EN 

24 

  EN 

 
 
6. 

7. 

8. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

9. 

10. 

(a) 

(b) 

(c) 

(d) 

11. 

Each  Member  State  shall  ensure  that  the  period  of  validity  of  the  authorization 
matches with the certification period concerning the certification of the capacity plan 
referred to in paragraphs 10 and 11. 

Every  fishing  vessel  shall  bear  markings  that  are  readily  identified  in  accordance 
with internationally accepted standards, such as the FAO Standard Specifications for 
the Marking and Identification of Fishing Vessels. 

No  fishing  vessel  shall  operate  in  the  Regulatory  Area  without  carrying  on  board 
current valid documents issued by the competent authority of the flag Member State 
at a minimum establishing the following particulars concerning the vessel: 

its name, if any; 

the letter(s) of the port or district in which it is registered, if any; 

the number(s) under which it is registered; 

the IMO number; 

its international radio call sign, if any; 

the names and addresses of the owner(s) and, where applicable, the charterers; 

its length overall; 

its engine power;  

the capacity plan referred to in paragraph 10; and 

estimation of freezing capacity or certification of refrigeration system. 

No  fishing  vessel  shall  conduct  fishing  activities  in  the  Regulatory  Area  without 
carrying  on  board  an  accurate  up-to-date  capacity  plan,  certified  by  a  competent 
authority or recognized by its flag Member State. 

The capacity plan shall: 

take  the  form  of  a  drawing  or  description  of  its  fish  storage  place,  including  the 
storage  capacity  of  each  fish  storage  place  in  cubic  meters  and  the  drawing  shall 
consist of longitudinal section of the vessel, including a plan for each deck on which 
a fish storage place is located and the locations of freezers; 

show in particular the positions of any door, hatch and any other access to each fish 
storage place, with reference to the bulkheads; 

indicate the main dimensions of the fish storage tanks (refrigerated sea water tanks) 
and, for each one, indicating the calibration in cubic meters at intervals of 10 cm; and 

have the true scale clearly indicated on the drawing. 

Each  Member  State  shall  ensure  that,  every  two  years,  the  capacity  plan  of  its 
authorized vessels is certified correct by the competent authority. 

Article 23 

 Chartering arrangements  

1. 

For  the  purpose  of  this  Chapter,  "chartering  Contracting  Party"  refers  to  the 
Contracting Party that holds an allocation as indicated in Annex I.A and Annex I.B 

EN 

25 

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of  the  CEM,  or  Member  State  that  holds  fishing  opportunities  allocation  and  ‘flag 
Member State’ refers to the Member State in which the chartered vessel is registered. 

All or part of the fishing allocation of a chartering NAFO Contracting Party can be 
harvested using  a chartered authorized vessel (‘chartered vessel’) entitled to  fly the 
flag of a Member State, subject to the following conditions:  

the Member State has consented in writing to the chartering arrangement; 

the chartering arrangement is limited to one fishing vessel per Member State in any 
calendar year; 

the  duration  of  the  fishing  operations  under  the  chartering  arrangement  does  not 
exceed six months cumulatively in any calendar year; and 

the  chartered  vessel  is  not  a  vessel  that  has  previously  been  identified  as  having 
engaged in IUU fishing. 

All catch and bycatch taken by the chartered vessel in accordance with the chartering 
arrangement shall be attributed to the chartering NAFO Contracting Party. 

The  flag  Member  State  shall  not  authorize  the  chartered  vessel,  when  conducting 
fishing operations under the chartering arrangement, to fish any of the flag Member 
State's allocations or under another charter at the same time. 

No  transhipment  at  sea  may  be  carried  out  without  the  prior  authorization  of  the 
chartering  NAFO  Contracting  Party,  which  shall  ensure  that  it  is  carried  out  under 
the supervision of an observer on board.  

The flag Member State shall notify the Commission in writing prior to the start of the 
chartering arrangement of its consent to the chartering arrangement. 

The  flag  Member  State  shall  notify  the  Commission  immediately  upon  the 
occurrence of the following events: 

start of fishing operations under the chartering arrangement; 

suspension of fishing operations under the chartering arrangement; 

resumption  of  fishing  operations  under  a  chartering  arrangement  that  has  been 
suspended; 

end of fishing operations under the chartering arrangement. 

The  flag  Member  State  shall  maintain  a  separate  record  of  catch  and  bycatch  data 
from fishing operations in accordance with every charter of a vessel entitled to fly its 
flag and report them to the chartering NAFO Contracting Party and the Commission.  

The chartered vessel shall at all times carry a copy of the following documentation:  

the name, flag State registration, IMO number and flag State of the vessel;  

previous name(s) and flag State(s) of the vessel, if any; 

the name and address of the owner(s) and operators of the vessel; 

a  copy  of  the  chartering  arrangement  and  any  fishing  authorization  or  licence  the 
chartering Contracting Party  has issued to the chartered vessel; and  

2. 

(a) 

(b) 

(c) 

(d) 

3. 

4. 

5. 

6. 

7. 

(a) 

(b) 

(c) 

(d) 

8. 

9. 

(a) 

(b) 

(c) 

(d) 

(e) 

the allocation assigned to the vessel. 

EN 

26 

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CHAPTER V 

MONITORING OF FISHERIES 

Article 24 

Product labelling requirements 

1. 

(a) 

(b) 

(c) 

(d) 

(e) 

2. 

3. 

4. 

(a) 

(b) 

(c) 

(d) 

1. 

2. 

(a) 

(b) 

3. 

(a) 

When  processed,  all  species  harvested  in  the  Regulatory  Area  shall  be  labelled  in 
such a way that each species and product category is identifiable. All species must be 
labelled using the following data: 

the name of the capture vessel; 

the 3-Alpha Code for each species as listed in Annex I.C of the CEM; 

in the case of Northern prawns the date of capture; 

the Regulatory Area and Division of fishing; and 

the product form presentation code as listed in Annex II.K of the CEM. 

Labels  shall  be  securely  affixed,  stamped  or  written  on  packaging  at  the  time  of 
stowage and be of a size that can be read by inspectors in the normal course of their 
duties.  

Labels shall be marked in ink on a contrasting background.  

Each package shall contain only: 

one product form category; 

one division of capture; 

one date of capture (in the case of Northern prawns); and 

one species. 

Article 25 

Monitoring of catch 

For  the  purposes  of  monitoring  catch,  each  fishing  vessel  shall  utilize  a  fishing 
logbook, a production logbook and a stowage plan to record fishing activities in the 
Regulatory Area: 

Each fishing vessel shall maintain a fishing logbook, that is retained on board for at 
least 12 months and in accordance with Annex II.A of the CEM: 

accurately records catch of each tow/set related to the smallest geographical area for 
which a quota has been allocated; 

indicates  the  disposition  of  the  catch  of  each  tow/set,  including  the  amount  (in  kg, 
live  weight)  of  each  stock  that  is  retained  on  board,  discarded,  offloaded,  or 
transhipped during the current fishing trip. 

Each fishing vessel shall maintain a production logbook that is retained on board for 
at least 12 months and: 

records the daily cumulative production for each species and product type in kg for 
the preceding day from 00:01 UTC until 24:00 UTC; 

EN 

27 

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(b) 

(c) 

(d) 

4. 

5. 

(a) 

(b) 

(c) 

(d) 

6. 

(a) 

(b) 

(c) 

(d) 

relates the production of each species and product type to the smallest geographical 
area for which a quota has been allocated; 

lists the conversion  factors  used  to convert  production  weight  of each product  type 
into live weight when recorded in the fishing logbook; 

labels each entry in accordance with Article 24. 

Each fishing vessel shall, with due regard for safety and navigational responsibilities 
of the master, stow all catch taken in the Regulatory Area separately from all catch 
taken  outside  the  Regulatory  Area,  and  ensure  that  such  separation  is  clearly 
demarcated using plastic, plywood or netting. 

Each fishing vessel shall maintain a stowage plan that: 

clearly shows the location and quantity, expressed as product weight in kg, of each 
species within each fish hold; 

specifies  the  location  in  each  hold  of  Northern  prawn  taken  in  Division  3L  and  in 
Division 3M that includes the quantity of Northern prawn in kg, by Division; 

is updated daily for the preceding day from 00:01 to 24:00 UTC, and; 

is retained on board until the vessel has been unloaded completely. 

Every  fishing  vessel  shall  transmit  electronically  to  its  FMC  reports  as  regards  the 
following, in accordance with the format and the content prescribed for each type of 
report in Annex II.D and Annex II.F of the CEM: 

catch  on  entry  (COE):  quantity  of  catch  on  board  by  species  upon  entry  into  the 
Regulatory Area, transmitted at least six hours in advance of the vessel's entry; 

catch  on  exit  (COX):  quantity  of  catch  onboard  by  species  upon  exit  from  the 
Regulatory Area transmitted at least six hours in advance of the vessel's exit;   

catch report (CAT):  quantity of catch retained and quantity discarded by species for 
the  day  preceding  the  report,  by  Division,  including  nil  catch  returns,  sent  daily 
before 12:00 UTC;  Nil catch retained and nil discards of all species shall be reported 
using the 3 alpha code MZZ (marine species not specified) and quantity as ‘0’ as the 
following examples demonstrate (//CA/MZZ 0// and //RJ/MZZ 0//);  

catch on board (COB): for any vessel fishing Northern prawn in Division 3L, prior to 
entry or exit from Division 3L, transmitted one hour prior to crossing the boundary 
of Division 3L; 

(e) 

transhipment (TRA): 

(i) 

by  donor  vessel,  transmitted  at  least  twenty  four  hours  in  advance  of  the 
transhipment; and 

(ii)  by receiving vessel, no later than one hour after the transshipment. 

(f) 

(g) 

port of landing  (POR): by a vessel that  has  received a transhipment at least twenty 
four hours in advance of any landing; 

catch of species listed in List of Species of the Annex I.C of CEM for which the total 
live  weight  on  board  is  less  than  100  kg,  may  be  reported  using  the  3  alpha  code 
MZZ (marine species not specified), except in the case of sharks. All sharks shall be 
reported  at  the  species  level  under  their  corresponding  3  alpha  code,  to  the  extent 
possible.  When  species  specific  reporting  is  not  possible,  shark  species  shall  be 

EN 

28 

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7. 

8. 

9. 

(a) 

(b) 

1. 

(a) 

(b) 

(c) 

(d) 

2. 

(a) 

recorded  as  either  large  sharks  (SHX)  or  dogfishes  (DGX),  as  appropriate  and  in 
accordance with the 3-alpha codes presented in Annex I.C of CEM. 

The  reports  referred  to  in  the  paragraph  6  may  be  cancelled  using  the  format 
specified  in  Annex  II.F  (8)  of  the  CEM.  If  any  of  those  reports  is  subject  to 
correction, a new report shall be sent without delay after the Cancel report within the 
time limits set out in this Article. 

The flag State FMC shall communicate its acceptance of the report cancellation from 
its vessels to the Commission without delay. 

Each  Member  State  shall  ensure  that  its  FMC,  immediately  upon  receipt,  transmits 
electronically the reports referred to in paragraph 6 to the NAFO Executive Secretary 
in  the  format  prescribed  in  Annex  II.D  of  the  CEM,  with  the  Commission  and  the 
EFCA in copy. 

Each Member State shall: 

report its provisional monthly catches by species and stock area, and its provisional 
monthly fishing days for the 3M Northern prawn fishery, whether or not it has quota 
or  effort  allocations  for  the  relevant  stocks;  It  shall  transmit  these  reports  to  the 
Commission within 20 days of the end of the calendar month in which the catch was 
taken; 

ensure that logbook information is submitted in either Extensible Markup Language 
(XML)  or  in  a  Microsoft  Excel  file  format,  to  the  Commission  containing  at  a 
minimum  the  information  outlined  in  Annex  II.N  of  the  CEM  within  60  days 
following the completion of each fishing trip. 

Article 26 

Vessel monitoring system (VMS)  

Each  fishing  vessel  operating  in  the  Regulatory  Area  shall  be  equipped  with  a 
satellite monitoring device capable of continuous automatic transmission of position 
to its land-based Fisheries Monitoring Centre (FMC), at least once an hour, with the 
following VMS data: 

vessel identification; 

most  recent  vessel  position,  by  latitude  and  longitude,  having  an  error  tolerance 
margin no greater than 500 metres and a confidence interval of 99%;  

UTC date and time of the fixing of the position; and 

vessel course/heading and speed. 

Each  Member State shall ensure that its FMC: 

receives  the  position  data  referred  to  in  paragraph  1  and  records  them  using  the 
following 3 letter codes: 

(i) 

(ii) 

‘ENT’,  first  VMS  position  transmitted  by  each  vessel  upon  entering  the 
Regulatory Area; 

‘POS’, every subsequent VMS position transmitted by each vessel from within 
the Regulatory Area; and 

EN 

29 

  EN 

 
(iii)  ‘EXI’,  first  VMS  position  transmitted  by  each  vessel  upon  exiting  the 

Regulatory Area; 

is equipped with computer hardware and software for automatic data processing and 
electronic  data  transmission  and  applies  back-up  and  recovery  procedures  and 
records  the  data  received  from  fishing  vessels  in  computer  readable  form  that  it 
maintains for no less than three years; and 

notifies the Commission and the EFCA of the FMC name, address, telephone, telex, 
e-mail or facsimile numbers  and any subsequent changes without delay. 

Each Member State shall assume all costs associated with its own Vessel Monitoring 
System. 

Where  an  inspector  observes  a  fishing  vessel  in  the  Regulatory  Area  and  has  not 
received data in accordance with paragraph 1, 2 or 8 that inspector shall inform the 
master of the vessel and the Commission.  

The  Member  State  shall  ensure  that  the  master  or  the  owner  of  a  fishing  vessel 
entitled  to  fly  its  flag  or  its  representative  is  informed  when  the  vessel's  satellite 
monitoring device appears to be defective or non-functioning. 

Where  the satellite monitoring  device fails,  the master shall  ensure it is repaired or 
replaced within one month following such failure, or, where a fishing trip lasts more 
than  one  month,  the  repair  or  the  replacement  is  completed  upon  the  vessel's  next 
entry into port. 

No fishing vessel may commence a fishing trip with a defective satellite monitoring 
device. 

Every  fishing  vessel  operating  with  a  defective  satellite  monitoring  device,  shall 
transmit, at least once every 4 hours, the VMS position data to its flag Member State 
FMC  by  other  available  means  of  communication,  in  particular,  satellite,  email, 
radio, facsimile or telex. 

The flag Member State shall ensure that: 

its  FMC  transmits  VMS  position  data  to  the  NAFO  Executive  Secretary  with  the 
Commission and the EFCA in copy, as soon as possible, but no later than 24 hours 
after  it  receives  them  and  may  authorize  fishing  vessels  entitled  to  fly  its  flag  to 
transmit VMS position data by satellite, email, radio, facsimile or telex, direct to the 
NAFO Executive Secretary; and 

the  VMS  position  data  transmitted  to  the  NAFO  Executive  Secretary  are  in 
conformity  with  the  data  exchange  format  set  out  in  Annex  II.E  of  the  CEM  and 
further described in Annex II.D of the CEM. 

Each  Member  State  may  use  NAFO  VMS  data  for  search  and  rescue  or  for  the 
purpose of maritime safety. 

(b) 

(c) 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

(a) 

(b) 

10. 

EN 

30 

  EN 

 
 CHAPTER VI 

OBSERVER SCHEME 

Article 27 

Observer program 

1. 

2. 

3. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

4. 

5. 

Subject  to  Article  28(1)  and  (2)  of  this  Regulation  every  fishing  vessel  shall  at  all 
times in the Regulatory Area carry at least one independent and impartial observer. 

Every  Member  State  shall  send  to  the  EFCA  a  list  of  the  observers  it  intends  to 
deploy  to  the  vessels  entitled  to  fly  its  flag  operating  in  the  Regulatory  Area.  The 
EFCA shall post a list of the observers on the NAFO MCS Website.  

Every Member State shall ensure that the observers on board such vessels carry out 
only the following duties: 

monitor  compliance  with  this  Regulation,  in  particular  verify  logbook  entries 
including the composition of catch by species, quantities, live and processed weight; 
and hail and VMS reports; 

maintain detailed records of the daily activity of the vessel whether fishing or not; 

for  each  haul,  record  the  gear  type,  mesh  size,  attachments,  catch  and  effort  data, 
coordinates,  depth,  time  of  gear  on  the  bottom,  catch  composition,  discards  and 
retained undersized fish; 

when  fishing  on  seamount  closures  referred  to  in  Article  18(1),  report  in  the 
comments section of the observer report referred to in Annex II.M of the CEM, for 
each haul, all quantities of all VME indicator species as referred to in Annex I.E. of 
the CEM; 

monitor  the  functioning  of  the  satellite  tracking  system  and  report  on  any 
interruptions or interference therewith; 

use  a  pre-agreed  code  to  report  to  an  inspection  vessel  within  24  hours,  any 
infringement of the Regulation; 

perform such scientific work as the Commission may request; and 

as soon as possible after leaving the Regulatory Area, and at the latest at arrival of 
the  vessel  in  port,  submit  the  report,  as  set  out  in  Annex  II.M  of  the  CEM,  in 
electronic format, to the flag Member State and, if an inspection in port occurs, to the 
local  port  inspection  authority.  The  flag  Member  State  forwards  the  report  to  the 
Commission, in Microsoft Excel File format, within 25 days following the arrival of 
the  vessel  in  port.  The  Commission  shall  send  this  report  to  the  NAFO  Executive 
Secretary. 

Each vessel shall provide to the observer food and accommodation of a standard no 
less than that provided to the crew. 

The  master  shall  extend  such  co-operation  and  assistance  as  may  be  required  to 
enable the observer to carry out his duties. Such cooperation shall include providing 
the  observer  with  such  access  as  may  be  required  to  the  catch  retained  onboard, 
including such catch as the vessel may intend to discard. 

EN 

31 

  EN 

 
6. 

7. 

1. 

(a) 

(b) 

2. 

3. 

4. 

(a) 

(b) 

5. 

6. 

(a) 

(b) 

Where  a  fishing  vessel  is  not  carrying  an  observer  as  provided  for  in  paragraph  1, 
other  NAFO  Contracting  Party  may,  with  the  consent  of  the  flag  Member  State, 
deploy  an  observer  to  the  vessel  who  may  remain  onboard  until  the  flag  Member 
State deploys an observer to the vessel. 

Subject  to  any  arrangement  with  another  NAFO  Contracting  Party,  or  another 
Member  State,  each  Member  State  shall  bear  the  costs  of  remunerating  every 
observer it has deployed. 

Article 28 

Electronic reporting 

By way of derogation  from Article 27 (1), a Member State may withdraw observers 
from vessels in compliance with the following conditions:   

the  Member  State  vessels  that  have  functional  VMS  systems  having  on  board  the 
necessary technical facilities to send electronic ‘observer reports’ and ‘catch reports’; 

these technical  facilities have  been tested  successfully  with NAFO and Contracting 
Parties through data exchanges with an inspection presence in the Regulatory Area. 

The testing of this exchange shall be deemed successful where data exchanges have 
been completed with all recipients at a 100% reliability rate. 

A Member State with a vessel complying with the conditions of paragraphs 1 and 2,  
shall withdraw the observer for no more than 75% of the time that the vessel spends 
in the Regulatory Area during the year. 

Each Member State that intends to apply paragraphs 1 to 3  of this Article shall: 

no later than 20 days prior to the start of its fishing season, send to the Commission 
notification of its intention, and before it authorizes a vessel to operate, send to the 
Commission  the name of such vessel and the period of time during which it will not 
carry  an  observer.  The  Commission  shall  post  the  notification  to  the  NAFO  MCS 
Website; 

ensure  that,  for  each  fishery  in  which  the  fishing  vessels  entitled  to  fly  its  flag 
operating  in  accordance  with  this  Article  are  engaged,  there  is  a  balance  between 
fishing vessels carrying observers and fishing vessels not carrying observers. 

Where  an  inspector  issues  a  notice  of  an  infringement  to  a  fishing  vessel  applying 
this Article that is not carrying an observer at the time of the notice, the flag Member 
State  shall  deem  the  infringement  to  be  a  serious  infringement  for  the  purpose  of 
Article 36(1) and, where it does not require the fishing vessel to proceed immediately 
to  port  in  accordance  with  Article  36(3)(c)(i),  it  shall  deploy  an  observer  to  the 
fishing vessel without delay. 

Each  Member  State  applying  this  Article  shall  submit  to  the  Commission  by  1 
February each year for the previous calendar year a report containing information as 
regards: 

compliance  overall  and  notably  comparison  between  vessels  with  and  without 
observers; 

costs  or  savings  for  the  industry  and  for  the  authorities  of  the  Member  State 
(including those with an inspection presence); 

(c) 

interaction with traditional means of control; and  

EN 

32 

  EN 

 
(d) 

technical functioning of the Scheme and reliability.  

7. 

8. 

9. 

(a) 

(b) 

10. 

(a) 

(b) 

11. 

1. 

2. 

3. 

The Commission shall send the report to the NAFO Executive Secretary. 

Each Member State shall pay its own costs of applying this Article. 

The observer on board a vessel applying this Article shall:  

in addition to the duties described in Article 27(3) transmit daily in accordance with 
Annex  II.G  of  the  CEM,  observer  (OBR)  report  to  the  flag  Member  State  FMC 
which shall in turn, no later than 12:00 UTC of the day following its receipt, transmit 
it to the Commission, which will send it to the NAFO Executive Secretary; and 

where  electronic  data  transfer  is  disabled,    transmit  on  a  daily  basis  the  report  by 
another  means  and  maintain  a  written  log  available  to  inspectors  of  the  data  so 
transmitted. 

The master of a vessel applying this Article shall:  

in accordance with Annex II.F(3) of the CEM, transmit daily the CAT report to the 
flag  Member  State  FMC  and  ensure  that  the  catch  so  reported  corresponds  to  the 
logbook  entries.  The  FMC  shall  in  turn,  no  later  than  12:00  UTC  of  the  day 
following its receipt, transmit the report to the Commission, which will send it to the 
NAFO Executive Secretary; and  

where  electronic  data  transfer  is  disabled,  transmit  the  report  on  a  daily  basis  by 
another  means  and  maintain  a  written  log  of  the  data    transmitted,  which  shall  be 
available to inspectors. 

The  daily  OBR  and  CAT  reports  shall  set  out  by  Division  the  amounts  of  catch 
retained on board by species, the catch discarded and the undersized catch. 

CHAPTER VII 

AT SEA INSPECTION AND SURVEILLANCE SCHEME 

Article 29 

 General provisions 

The EFCA shall coordinate the surveillance and inspection activities for the Union. It 
may  draw  up,  in  concert  with  the  Member  States  concerned,  joint  operational 
surveillance  and  inspection  programmes  for  that  purpose,(‘At  sea  Inspection  and 
Surveillance Scheme’, hereinafter ‘Scheme’). The Member States whose vessels are 
engaged  in  the  fisheries  Regulatory  Area  shall  adopt  the  necessary  measures  to 
facilitate the implementation of these programmes particularly as regards the human 
and material resources required and the periods and zones in which these resources 
are to be deployed. 

Inspection  and  surveillance  shall  be  carried  out  by  inspectors  assigned  by  the 
Member States and notified to the EFCA through the Scheme. 

The  Member  States,  in  collaboration  with  the  Commission  and  the  EFCA,  may  by 
mutual  agreement  deploy  inspectors  EFCA  has  assigned  to  the  Scheme  to  an 
inspection platform of another NAFO Contracting Party. 

EN 

33 

  EN 

 
4. 

(a) 

(b) 

(c) 

5. 

6. 

7. 

8. 

9. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

When there is more than 15 fishing vessels of Member States at any one time present 
in  the  Regulatory Area, the EFCA and Member States shall ensure that during that 
time:  

an inspector or other competent authority is present in the Regulatory Area; or  

a  competent  authority  is  present  in  the  territory  of  a  NAFO  Contracting  Party 
adjacent to the Convention Area; 

Member  States  respond  without  delay  to  every  notice  of  infringement  in  the 
Regulatory Area by a fishing vessel entitled to fly their flag. 

Member States participating in the Scheme shall provide to each inspection platform, 
upon  its  entry  into  the  Regulatory  Area,  a  list  of  sightings  and  boarding  it  has 
conducted  in  the  previous  ten-day  period  including  the  date,  coordinates  and  any 
other relevant information. 

Each  Member  State  participating  in  the  Scheme,  in  coordination  with  the 
Commission or the EFCA, shall ensure that every inspection platform entitled to fly 
its  flag  operating  in  the  Regulatory  Area  maintains  secure  contact,  daily  where 
possible,  with  every  other  inspection  platform  operating  in  the  Regulatory  Area,  to 
exchange information necessary to co-ordinate their activities.  

Inspectors visiting a research vessel shall note the status of the vessel, and shall limit 
inspection  procedures  to  those  necessary  to  ascertain  that  the  vessel  is  conducting 
activities  consistent  with  its  Research  Plan.  Where  the  inspectors  have  reasonable 
grounds to suspect the vessel is conducting activities that are not consistent with its 
Research Plan, the Commission and the EFCA have to be immediately informed.  

Member States ensure its inspectors treat vessels operating in the Regulatory Area on 
an equitable footing by avoiding a disproportionate number of inspections on vessels 
entitled to fly the flag of any one NAFO Contracting Party. In respect of any quarter-
annual period, the number of inspections its inspectors conduct on vessels entitled to 
fly the flag of another NAFO Contracting Party shall, insofar as possible, reflect the 
proportion  of  the  total  fishing  activity  in  the  Regulatory  Area  encompassing,  inter 
alia,  the  level  of  catches  and  vessel  days.  In  determining  the  frequency  of 
inspections,  inspectors  may  take  into  account  the  fishing  patterns  and  compliance 
record of any fishing vessel. 

When  participating  in  the  Scheme,  a  Member  State  shall  ensure  that,  except  when 
inspecting  a  fishing  vessel  entitled  to  fly  its  own  flag  and  in  accordance  with  its 
domestic law, inspectors and inspector trainees assigned to this Scheme:  

remain under its operational control; 

implement the provisions of this Scheme; 

do not carry arms when boarding the vessel; 

refrain from enforcing laws and regulations related to Union waters; 

observe  generally  accepted  international  regulations,  procedures  and  practices 
relating to the safety of the vessel being inspected and its crew; 

do  not  interfere  with  fishing  activities  or  stowage  of  product  and,  to  the  extent 
practicable,  avoid  action  which  would  adversely  affect  the  quality  of  the  catch  on 
board; and 

EN 

34 

  EN 

 
(g) 

10. 

1. 

(a) 

(b) 

2. 

1. 

(a) 

(b) 

(c) 

2. 

(a) 

(b) 

open  containers  in  a  manner  that  facilitates  their  prompt  resealing,  repacking  and 
eventual re-storage. 

All inspection, surveillance and investigation reports referred to in this Chapter VII 
and associated images or evidence shall be treated as confidential, in accordance with 
Annex II.B of the CEM. 

Article 30 

Notification requirements 

Each  Member  State  shall,  no  later  than  1  November  each  year,  send  to  the  EFCA 
(with the Commission  in  copy) the following information,  for onward transmission 
to the NAFO MCS:  

the  contact  information  of  the  competent  authority  which  shall  act  as  the  contact 
point  for  the  purpose  of  immediate  notification  of  infringements  in  the  Regulatory 
Area,  and  any  subsequent  changes  to  this  information,  no  less  than  15  days  before 
the change comes into effect; 

the  names  of  inspectors  and  inspector  trainees  and  the  name,  radio  call  sign  and 
communication contact information of each inspection platform it has assigned to the 
Scheme. It shall notify changes to the particulars so notified, whenever possible, no 
less than 60 days in advance. 

When  participating  in  the  Scheme,  a  Member  State  shall  ensure  that  the  EFCA  is 
notified  in  advance  of  the  date,  start  time  and  end  of  each  patrol  by  the  inspection 
platform it has so assigned.  

Article 31 

 Surveillance procedures 

Where  an inspector observes  in the Regulatory Area  a  fishing vessel entitled to  fly 
the  flag  of  a  NAFO  Contracting  Party  for  which  there  are  reasons  to  suspect  an 
apparent infringement of this Regulation, and where an immediate inspection is not 
practicable, the inspector shall: 

fill  out  the  Surveillance  Report  Form  set  out  in  Annex  IV.A  of  the  CEM.  If  the 
inspector has made a volumetric or catch composition evaluation of the content of a 
haul,  the  Surveillance  Report  shall  include  all  relevant  information  regarding  the 
composition of the tow, and refer the method used for the volumetric evaluation; 

record  images  of  the  vessel  and  record  the  position,  date  and  time  the  image  was  
recorded; and 

without  delay  electronically  transmit  the  Surveillance  Report  and  images  to  his 
competent authority.  

The  competent authority of a Member State in receipt of such Surveillance Report 
shall without delay: 

transmit the Surveillance Report to the EFCA which shall post it to  the NAFO MCS 
website for transmission to the flag State Contracting Party of the vessel;   

transmit a copy of images recorded to the EFCA which shall in turn transmit them to 
the  flag  state  Contracting  Party  of  the  vessel  or  the  flag  Member  State  if  different 
from the inspecting Member State; 

EN 

35 

  EN 

 
(c) 

3. 

4. 

ensure security and continuity of the evidence for subsequent inspections. 

Each  Member  State  competent  authority  shall  on  receipt  of  a  Surveillance  Report 
concerning  a  vessel  entitled  to  fly  its  flag,  conduct  such  investigation  as  may  be 
necessary to determine appropriate follow-up action.  

Each Member State shall send the investigation report to the EFCA, which shall post 
it to the NAFO MCS website and send it to the Commission.  

Article 32 

Boarding and inspection procedures for Contracting Parties 

Each  Member  State  shall  ensure  that  for  an  inspection  conducted  under  the  Scheme,  its 
inspectors: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

prior to boarding, notify the fishing vessel by radio, using the International Code of 
Signals, of the name of the inspection platform; 

display, on the inspection vessel and boarding vessel, the pennant depicted in Annex 
IV.E of the CEM; 

ensure  that  during  boarding,  the  inspection  vessel  remains  at  a  safe  distance  from 
fishing vessels; 

do  not  require  the  fishing  vessel  to  stop  or  manoeuvre  when  towing,  shooting  or 
hauling; 

limit each inspection team to a maximum of four inspectors including any inspection 
trainee who may accompany the inspection team for training purposes only. Where 
an  inspection  trainee  accompanies  the  inspectors,  inspectors  shall,  upon  boarding, 
identify  the  trainee  to  the  master.  The  inspection  trainee  shall  simply  observe  the 
inspection  operation  conducted  by  the  authorized  inspectors  and  shall  in  no  way 
interfere with the activities of the fishing vessel; 

upon boarding, present to the master their NAFO documents of identity issued by the 
NAFO Executive Secretary in accordance with Article 32.3(b) of the CEM; 

limit inspections  to four hours, or  the time required  for the  net to  be hauled in  and 
both the net and the catch to be inspected, whichever is longer, except: 

(i) 

in the case of an infringement; or  

(ii)  where  the  inspector  estimates  the  quantity  of  catch  on  board  to  be  different 
from the quantity of catch recorded in  the fishing logbook, in  which case the 
inspector  will  limit  the  inspection  to  one  additional  hour  with  a  view  to 
verifying  calculations  and  procedures,  and  re-examining 
the  relevant 
documentation used to calculate the catch taken in the Regulatory Area and the 
catch on board the vessel; 

(h) 

gather any relevant information used for identifying compliance with the Regulation 
provided by the observer. 

Article 33 

Obligations of the master during inspection 

Every  master  of  a  fishing  vessel  shall  take  the  necessary  measures  as  may  be  required  to 
facilitate inspection by: 

EN 

36 

  EN 

 
 
(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

(m) 

(n) 

ensuring,  where  an  inspection  vessel  has  signalled  that  an  inspection  is  about  to 
commence,  that  any  net  about  to  be  hauled  is  not  taken  on  board  for  at  least  30 
minutes following the signal from the inspection vessel; 

upon  request  by  an  inspection  platform  and  to  the  extent  compatible  with  good 
seamanship, facilitating boarding by the inspectors; 

providing a boarding ladder in accordance with Annex IV.G of the CEM; 

ensuring  any  mechanical  pilot  hoist  is  fit  for  use  in  a  safe  manner  including  safe 
access between the hoist to the deck; 

providing the inspectors access to all relevant areas, decks and rooms, processed and 
unprocessed catch, nets or other gear, equipment, and any relevant documents which 
they consider necessary to verify compliance with the Regulation; 

recording  and  providing  to  inspectors  upon  request,  coordinates  pertaining  to  the 
start and end locations of any trial tow conducted in reference to Article 8(1)(b)(iii); 

upon  request  of  the  inspector,  producing  registration  documents,  drawings  or 
descriptions  of  fish  rooms,  production  logbooks  and  stowage  plans  and  rendering 
such assistance as the inspector reasonably requires to ascertain that actual stowage 
of catch conforms with the stowage plan; 

refraining from interfering with any contact between the inspectors and the observer; 

taking such action as may be necessary to preserve the integrity of any seal affixed 
by the inspectors and  of any  evidence  remaining on board, until  otherwise  directed 
by the flag State; 

to secure the continuity of evidence, where seals have been affixed and/or evidence 
has been secured, sign the appropriate section of the inspection report acknowledging 
the placement of seals;  

ceasing fishing when requested to do so by the inspectors in accordance with Article 
36(2)(b); 

providing,  upon  request,  the  use  of  the  vessel’s  communication  equipment  and 
operator for messages to be sent out and received by the inspectors; 

at the request of the inspectors, removing any part of the fishing gear which appears 
to be unauthorized under the Regulation; 

where the inspectors have  made any entries in the logbooks, providing the inspector 
with  a  copy  of  each  page  where  such  entry  appears,  and  at  the  request  of  the 
inspectors, signing each page to confirm that it is a true copy; and 

(o) 

when requested to cease fishing, not resuming fishing until: 

(i) 

(ii) 

the inspectors have completed the inspection and secured any evidence, and 

the  master  has  signed  the  appropriate  section  of  the  inspection  report  as 
referred to in paragraph (j). 

Article 34 

 Inspection report and follow-up 

1. 

Each Member State shall ensure that its inspectors complete an inspection report in 
the form set out in Annex IV.B of the CEM in relation to each inspection.  

EN 

37 

  EN 

 
2. 

(a) 

(b) 

For the purpose of the inspection report: 

a  fishing  trip  shall  be  considered  to  be  current  where  the  inspected  vessel  has  on 
board catch harvested in the Regulatory Area during the trip; 

when comparing entries in the production logbook with entries in the fishing logbook 
the inspectors shall convert production weight into live weight guided by conversion 
factors used by the master; 

(c) 

the inspectors shall: 

(i) 

(ii) 

summarize from logbook records the vessel's catch in the Regulatory Area by 
species and by Division for the current fishing trip; 

record summaries in section 12 of the inspection report, as well as differences 
between the recorded catch and their estimates of the catch onboard in section 
14.1 of the inspection report; 

(iii)  upon  completion  of  the  inspection,  sign  the  inspection  report  and  present  the 
inspection report to the master for signature and comment, and to any witness 
who may wish to submit a statement; 

(iiii)  immediately notify their competent authority and transmit to it the information 

and images within 24 hours, or at the earliest opportunity; and 

(v)  provide  a  copy  of  the  report  to  the  master,  duly  noting  in  the  appropriate 
section  of  the  inspection  report  any  refusal  by  the  master  to  acknowledge 
receipt. 

The inspecting Member State shall:  

send  to  EFCA  the  at  sea  inspection  report,  if  possible  within  20  days  of  the 
inspection for publication  to the MCS website;  

comply  with  the  procedure  referred  to  in  Article  35(2),  after  the  inspectors  issue  a 
notice of an infringement. 

Each Member State shall ensure that inspection and surveillance reports prepared by 
NAFO  inspectors  have  equivalent  evidentiary  status  for  establishing  facts  to 
inspection and surveillance reports of its own inspectors. 

Member States shall cooperate to facilitate judicial or other proceedings initiated as 
follow-up  to  a  report  submitted  by  a  NAFO  inspector  in  accordance  with  the 
Scheme. 

Article 35 

Procedures relating to infringements 

Each  inspecting  Member  State  shall  ensure  that  its  inspectors  upon  detecting  an 
infringement of the Regulation: 

record the infringement in the inspection report; 

enter  and  sign  a  notation  in  the  fishing  logbook  or  other  relevant  document  of  the 
inspected  vessel  indicating  the  date,  coordinates,  and  nature  of  the  infringement, 
make  a  copy  of  any  relevant  entry  and  request  that  the  master  sign  each  page  to 
verify that it is a true copy of the original; 

3. 

(a) 

(b) 

4. 

5. 

1. 

(a) 

(b) 

EN 

38 

  EN 

 
 
(c) 

(d) 

record  images  of  any  gear,  catch,  or  other  evidence  the  inspector  deems  necessary 
related to the infringement;  

affix securely the inspection seal depicted in NAFO Inspection Seal provided in the 
Annex IV.F of the CEM, as appropriate, and duly note the action taken and the serial 
number of each seal in the inspection report; 

(e) 

request the master: 

(i) 

in order to secure the continuity of proof and evidence, to sign the appropriate 
section of the inspection report acknowledging the placement of seals, and 

(ii) 

to give a written statement in the appropriate section of the inspection report; 

request  that  the  master  remove  any  part  of  the  fishing  gear  which  appears  to  be 
unauthorized under the Regulation; and 

where practicable, notify the observer of the infringement. 

The inspecting Member State shall: 

within 24 hours from detection of the infringement, transmit to the Commission and 
the EFCA, which shall in turn transmit to the competent authority of the flag State 
Contracting  Party  or  Member  State  if  different  from  the  inspecting  Member  State, 
and the NAFO Executive Secretary, written notification of the infringement reported 
by  its  inspectors.  The  written  notification  shall  include  the  information  entered  in 
point  15  of  the  Report  of  Inspection  of  the  Annex  IV.B  of  CEM;  cite  the  relevant 
measures and describe in detail the basis for issuing the notice of infringement, and 
the evidence in support of the notice; and where possible, be accompanied by images 
of  any  gear,  catch  or  other  evidence  related  to  the  infringement  referred  to  in 
paragraph 1 of this Article; 

within 5 days of the inspection vessel’s return to port, transmit the  inspection report 
to the Commission and the EFCA;  

the EFCA shall in turn post it on the NAFO MCS Website in PDF format. 

The  follow-up  to  infringements  by  the  flag  Member  State  shall  be  conducted  in 
accordance with the provisions of Article 37. 

Article 36 

Additional procedures for serious infringements 

Each of the following violations constitutes a serious infringement: 

fishing  an ‘Others‘  quota without prior  notification to  the Commission   contrary to 
Article 5; 

fishing  an  ‘Others‘  quota  more  than  five  working  days  following  closure  of  the 
fishery contrary to Article 5;  

directed fishing for a stock which is subject to a moratorium, or for which fishing is 
otherwise prohibited, contrary to Article 6; 

directed  fishing  for  stocks  or  species  after  the  date  of  closure  of  the  fishery  by  the 
flag Member State notified to the Commission, contrary to Article 6; 

(f) 

(g) 

2. 

(a) 

(b) 

(c) 

3. 

1. 

(a) 

(b) 

(c) 

(d) 

(e) 

fishing in a closed area, contrary to Article 9(5) and Article 11; 

EN 

39 

  EN 

 
 
(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

(m) 

(n) 

(o) 

fishing  with  a  bottom  fishing  gear  in  an  area  closed  to  bottom  fishing  activities, 
contrary to Chapter III; 

using an unauthorized mesh size contrary to Article 13; 

fishing without a valid authorization; 

mis-recording of catches contrary to Article 25; 

failing  to  carry  or  interfering  with  the  operation  of  the  satellite  monitoring  system 
contrary to Article 26; 

failure to communicate messages related to catch contrary to Article 10(3) or Article 
25; 

obstructing,  intimidating,  interfering  with  or  otherwise  preventing  inspectors  or 
observers from performing their duties; 

committing an infringement where there is no observer on board; 

concealing,  tampering  with  or  disposing  of  evidence  related  to  an  investigation, 
including the breaking or tampering of seals or gaining access to sealed areas;  

presentation  of  falsified  documents  or  providing  false  information  to  an  inspector 
that would prevent a serious infringement from being detected; 

(p) 

landing, transshipment or making use of other port services: 

(i) 

in a port not designated in accordance with the provisions of Article 40(1); or 

(ii)  without authorization of the port State referred to in Article 40(6); 

failure to comply with the provisions of Article 42(1).  

Where  citing  a  vessel  for  having  committed  a  serious  infringement,  the  inspector 
shall: 

take  all  measures  necessary  to  ensure  security  and  continuity  of  the  evidence, 
including,  as  appropriate,  sealing  the  vessel’s  hold  and/or  fishing  gear  for  further 
inspection;  

request that the master cease  all fishing  activity that  appears to  constitute a serious 
infringement; and 

immediately  notify  the  inspector’s  competent  authority,  and  transmit  to  it  the 
information  and,  where  possible  images,  within  24  hours.  The  competent  authority 
receiving  this  information  will  notify  the  flag  state  Contracting  Party  or  Member 
State if different from the inspecting Member State in accordance with Article 35. 

In the case of a serious infringement concerning a vessel entitled to fly its flag, the 
flag Member States shall:  

acknowledge receipt of the related information and images without delay; 

ensure the inspected vessel does not resume fishing until further notification; 

using all information and material available, review the case and, within 72 hours: 

(i) 

require the vessel to proceed immediately to a port for a full inspection under 
its authority, if any of the following serious infringements are apparent: 

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

directed fishing for a stock for which fishing is prohibited under Article 6; 

(q) 

2. 

(a) 

(b) 

(c) 

3. 

(a) 

(b) 

(c) 

– 

– 

EN 

40 

  EN 

 
– 

– 

4. 

5. 

6. 

7. 

(a) 

(b) 

8. 

1. 

(a) 

(b) 

(c) 

(d) 

2. 

(a) 

(b) 

mis-recording of catch, contrary to Article 25; or 

repetition of the same serious infringement during a 6 months period. 

Where  the  serious  infringement  is  mis-recording  of  catch,  the  full  inspection  shall 
ensure  the  physical  inspection  and  enumeration  of  total  catch  on  board,  by  species 
and Division. 

In this Article, ‘mis-recording of catches’ means a difference of at least 10 tonnes or 
20%, whichever is greater, between the inspectors’ estimates of processed catch on 
board,  by  species  or  in  total,  and  the  figures  recorded  in  the  production  logbook, 
calculated as a percentage of the production logbook figures.  

Subject  to  the  consent  of  the  flag  Member  State  and,  if  the  port  state  NAFO 
Contracting  Party  is  different,  inspectors  of  another  Contracting  Party  may 
participate in the full inspection and enumeration of the catch. 

If paragraph 3(c) (i) does not apply, the flag Member State shall either: 

allow  the  vessel  to  resume  fishing.  In  such  a  case,  the  flag  Member  State  shall 
provide  written  justification  to  the  Commission  no  later  than  2  days  following  the 
notice of infringement which shall in turn transmit it the NAFO Executive Secretary, 
on why the vessel has not been ordered to port; or 

require  the  vessel  to  proceed  immediately  to  a  port  for  a  full  physical  inspection, 
under its authority. 

Where  the flag  Member State  orders the inspected vessel to port, the inspectors on 
board may board or remain on board the vessel as it proceeds to port, provided that 
the flag Member State does not require the inspector to leave the vessel. 

Article 37 

Follow-up to infringements 

In  the  case  of  an  infringement  by  a  vessel  flying  its  flag,  the  flag  Member  State  
shall: 

investigate fully, including if necessary, by physically inspecting the fishing vessel at 
the earliest opportunity; 

cooperate with the inspecting NAFO Contracting Party or inspecting Member State if 
different  from  the  flag  Member  State  to  preserve  the  evidence  and  the  chain  of 
custody in a form that will facilitate proceedings in accordance with its laws; 

take  immediate  judicial  or  administrative  action  in  conformity  with  its  national 
legislation against the persons responsible for the vessel; and 

ensure that sanctions applicable in respect of infringements are adequate in severity 
to  be  effective  in  securing  compliance,  deterring  further  infringements  or  their 
repetition and depriving the offenders of the benefits accruing from the infringement. 

The judicial or administrative action and sanctions referred to in paragraph 1(c) and 
(d) may include, but is not limited to, the following, depending on the gravity of the 
offence and in accordance with domestic law: 

fines; 

seizure of the vessel, illegal fishing gear and catches; 

EN 

41 

  EN 

 
(c) 

(d) 

3. 

4. 

(a) 

(b) 

suspension or withdrawal of authorization to conduct fishing activities; and 

reduction or cancellation of any fishing allocations. 

Each flag Member State shall ensure that it treats all notices of infringement as if the 
infringement was reported by its own inspectors. 

The  flag  Member  State  and  the  port  Member  State  shall  immediately  notify  the 
Commission:  

the judicial or administrative action and sanctions referred to in paragraph 1(c) and 
(d); 

as  soon  as  practicable  but  no  later  than  four  months  following  the  occurrence  of  a 
serious infringement, a report setting out the progress of the investigation, including 
details of any action it has taken or has initiated in relation to the infringement; and 

(c) 

upon completion of its investigation, a report on the final outcome. 

Article 38 

1. 

(a) 

(b) 

(c) 

(d) 

2. 

3. 

Member State reports on inspection, surveillance and infringements 

Each  Member  State  shall  annually  by  1  February  report  to  the  Commission  and 
EFCA.  The  Commission  shall  in  turn  report  to  the  NAFO  Executive  Secretary,  in 
accordance with the Scheme: 

the number of inspections of fishing vessels entitled to fly the flag of each Member 
State  and  other  NAFO  Contracting  Party  it  has  conducted  in  the  previous  calendar 
year; 

the  name  of  every  fishing  vessel  in  relation  to  which  its  inspectors  have  issued  a 
notice  of  infringement  including  the  date  and  position  of  the  inspection  and  the 
nature of the infringement; 

the  number  of  hours  flown  by  its  surveillance  aircraft  on  patrol,  the  number  of 
sightings made by such aircraft, the number of surveillance reports it has transmitted 
and, for each such report, the date, time and position of the sightings; 

the  action  it  has  taken  during  the  previous  year,  including  a  description  of  the 
specific  terms  of  any  judicial  or  administrative  actions  or  sanctions    imposed  (e.g. 
amount  of  fines,  value  of  forfeited  fish  and/or  gear,  written  warnings  given), 
concerning:  

(i) 

every  infringement  cited  by  an  inspector  related  to  vessels  entitled  to  fly  its 
flag; and 

(ii)  each Surveillance Report it has received. 

The reports referred to in point (d) of paragraph 1 shall indicate the current status of 
the  case.  The  Member  State  shall  continue  to  list  such  infringement  in  each 
subsequent report until it reports the final outcome of the infringement. 

A  Member  State  shall  provide  a  sufficiently  detailed  explanation  regarding  every 
infringement for which it has taken no action or where no penalties were imposed.   

EN 

42 

  EN 

 
CHAPTER VIII 

PORT STATE CONTROL OF VESSELS FLYING THE FLAG 
OF ANOTHER CONTRACTING PARTY 

Article 39 

Scope 

The  provisions  in  this Chapter  apply  to  landing,  transshipments,  or  use  of  ports  of  Member 
States  by  fishing  vessels  entitled  to  fly  the  flag  of  another  NAFO  Contracting  Party, 
conducting  fishing  activities  in  the  Regulatory  Area.  The  provisions  apply  to  fish  caught  in 
the  Regulatory  Area,  or  fish  products  originating  from  such  fish,  that  have  not  been 
previously landed or transshipped at a port.   

Article 40 

Duties of the port Member State 

1. 

2. 

3. 

4. 

5. 

The  port  Member  State  shall  provide  to  the  Commission  and  the  EFCA  a  list  of 
designated ports to which fishing vessels may be permitted entry for the purpose of 
landing,  transhipment  and/or  provision  of  port  services,  and  shall  to  the  greatest 
extent  possible  ensure  that  each  designated  port  has  sufficient  capacity  to  conduct 
inspections  pursuant  to  this  Chapter.  The  Commission  shall  post  the  list  of 
designated  ports  on  the  NAFO  MCS  Website,  in  PDF  format.  Any  subsequent 
changes  to  the  list  shall  be  posted  in  replacement  of  the  previous  one  no  less  than 
fifteen days before the change comes into effect. 

The  port  Member  State  shall  establish  a  minimum  prior  request  period.  The  prior 
request period shall be 3 working days before the estimated time of arrival. However, 
in agreement with the Commission, the port Member State may make provisions for 
another prior request period, taking into account, inter alia, catch product type or the 
distance between fishing grounds and its ports. The port Member State shall provide 
the information on the prior request period to the Commission that will post it to the 
NAFO MCS Website, in PDF format. 

The port Member State shall designate the competent authority which shall act as the 
contact  point  for  the  purposes  of  receiving  requests  in  accordance  with  Article  42, 
receiving confirmations in accordance with Article 41(2) and issuing authorizations 
in accordance with paragraph 6. The port Member State shall provide the competent 
authority name and its contact information to the Commission, which will post this 
information to the NAFO MCS Website, in PDF format. 

The requirements of paragraphs 1, 2 and 3 do not apply where the European Union 
does not permit landings, transhipments, or use of ports by vessels entitled to fly the 
flag of another NAFO Contracting Party.  

The port Member State shall forward a copy of the form as referred to in Article 42 
(1) and (2) without delay to the flag NAFO Contracting Party of the vessel and to the 
flag  NAFO  Contracting  Party  of  donor  vessels  where  the  vessel  has  engaged  in 
transhipment operations. 

EN 

43 

  EN 

 
6. 

7. 

(a) 

(b) 

(c) 

8. 

9. 

10. 

(a) 

(b) 

11. 

12. 

13. 

Fishing  vessels  may  not  enter  port  without  prior  authorization  by  the  competent 
authorities of the port Member State. Authorization to land or tranship shall only be 
given  if  the  confirmation  from  the  flag  NAFO  Contracting  Party  as  referred  to  in 
Article 41(2) has been received. 

By way of derogation from paragraph 6, the port Member State may authorize all or 
part  of  a  landing  in  the  absence  of  the  confirmation  referred  to  in  that  paragraph 
subject to the following condition: 

the  fish  concerned  shall  be  kept  in  storage  under  the  control  of  the  competent 
authorities; 

the fish shall only be released to be sold, taken over, produced, or transported once 
the confirmation referred to in paragraph 6 has been received; 

if  the  confirmation  has  not  been  received  within  14  days  of  the  landing  the  port 
Member  State  may  confiscate  and  dispose  of  the  fish  in  accordance  with  national 
rules. 

The port Member State shall without delay notify the master of the fishing vessel of 
its decision on whether to authorize or deny the port entry, or if the vessel is in port, 
the landing, transhipment and other use of port. If the vessel entry is authorized the 
port Member State returns to the master a copy of the form Port State Control Prior 
Request Form of Annex II.L of the CEM with Part C duly completed. This copy shall 
also  be  sent  to  the  Commission  to  be  posted  to  the  NAFO  MCS  Website,  without 
delay.  In  case  of  a  denial  the  port  Member  State  shall  also  notify  the  flag  NAFO 
Contracting Party. 

In  case  of  cancellation  of  the  prior  request  referred  to  in  Article  42(2)  the  port 
Member  State  shall  send  a  copy  of  the  cancelled  Port  State  Control  Prior  Request 
Form to the Commission to be posted on the NAFO MCS Website, and for automatic 
transmission to the flag NAFO Contracting Party. 

Unless otherwise required in a recovery plan, the port Member State shall carry out 
inspections  of  at  least  15  %  of  all  such  landings  or  transhipments  during  each 
reporting year. In determining which vessels to inspect, the port Member State shall 
give priority to: 

vessels  that  have  been  previously  denied  entry  or  use  of  a  port  in  accordance  with 
this Chapter or any other provision of the Regulations; and  

requests  from  other  NAFO  Contracting  Parties,  States  or  Regional  Fisheries 
Management Organization’ (‘RFMOs’) that a particular vessel be inspected. 

Inspections shall be consistent with Annex IV.H of CEM by authorized port Member 
State inspectors who shall present documents of identity to the master of the vessel 
prior to the inspection. 

Subject  to  the  agreement  of  the  port  Member  State,  the  Commission  may  invite 
inspectors of other NAFO Contracting Parties to accompany their own inspectors and 
observe the inspection.  

An  inspection  in  port  shall  involve  the  monitoring  of  the  entire  landing  or 
transhipment  of  fishery  resources  in  that  port.  During  any  such  inspection,  the 
inspector of the port Member State shall, at a minimum:  

(a) 

cross-check against the quantities of each species landed or transshipped, 

EN 

44 

  EN 

 
(i) 

the quantities by species recorded in the logbook;  

(ii)  catch and activity reports; and 

(iii)  all information on catches provided in the prior notification Port State Control 

Prior Request Forms  of Annex II.L of CEM; 

verify  and  record  the  quantities  by  species  of  catch  remaining  on  board  upon 
completion of landing or transshipment;  

verify any information from inspections carried out in accordance with Chapter VII;  

verify all nets on board and record mesh size measurements;  

verify fish size for compliance with minimum size requirements. 

The port Member State where possible communicate with the master or senior crew 
members of the vessel, as well as with the observer, and where possible and where 
needed, ensure that the inspector is accompanied by an interpreter.  

The port Member State where possible avoid unduly delaying the fishing vessel and 
ensure that the vessel suffers the minimum interference and inconvenience, including 
avoiding  unnecessary degradation of the quality of the fish. 

Each  inspection  shall  be  documented  by  completing  the  form  PSC  3  (port  State 
Control  inspection  form)  as  set  out  in  Annex  IV.C  of  the  CEM.  The  process  for 
completion and handling of the completing Report on Port State Control Inspection 
shall include the following: 

the inspectors shall identify and provide details of any infringement to the Regulation 
detected  during  the  port  inspection.  Details  shall  include  all  relevant  information 
available in reference to infringements detected at sea during the current trip of the 
inspected fishing vessel; 

the inspectors may insert any comments they consider relevant; 

the  master  shall  be  given  the  opportunity  to  add  any  comments  or  objection  to  the 
report,  and,  as  appropriate,  to  contact  the  relevant  authorities  of  the  flag  State  in 
particular  where  the  master  has  serious  difficulties  in  understanding  the  content  of 
the report; 

the  inspectors  shall  sign  the  report  and  request  that  the  master  sign  the  report.  The 
master’s signature on the report shall serve only as acknowledgment of the receipt of 
a copy of the report; 

the  master  of  the  vessel  shall  be  provided  with  a  copy  of  the  report  containing  the 
result of the inspection, including possible measures that could be taken.  

The  port  Member  State  shall  without  delay  send  a  copy  of  each  port  State  Control 
inspection  report  to  the  Commission  and  to  EFCA.  The  Commission  will  post  the 
port State Control inspection report to the NAFO MCS Website, in PDF format, for 
automatic  transmission  to  the  flag  State  NAFO  Contracting  Party  and  to  the  flag 
State of any vessel that transhipped catch to the inspected fishing vessel.  

(b) 

(c) 

(d) 

(e) 

14. 

15. 

16. 

(a) 

(b) 

(c) 

(d) 

(e) 

17. 

EN 

45 

  EN 

 
 
Article 41 

Duties of the flag Member State  

The Member States shall ensure that the master of any fishing vessel entitled to fly 
their flag complies with the obligations relating to masters set out in Article 42. 

The  Member  State  of  a  fishing  vessel  intending  to  land  or  tranship,  or  where  the 
vessel  has  engaged  in  transhipment  operations  outside  a  port,  shall  confirm  by 
returning a copy of the form, Port State Control Prior Request Form, Annex II.L of 
the CEM, transmitted in accordance with Article 40(5) with part B duly completed, 
stating that:  

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

the  declared  quantity  of  fish  on  board  has  been duly  reported  by  species  and taken 
into  account  for  the  calculation  of  any  catch  or  effort  limitations  that  may  be 
applicable;  

the  fishing  vessel  declared  to  have  caught  the  fish  had  authorization  to  fish  in  the 
areas declared; and  

the presence of the vessel in the area in which it has declared to have taken its catch 
has been verified by VMS data. 

The  Member  State  shall  send  to  the  Commission  the  contact  information  of  the 
competent  authority,  which  shall  act  as  the  contact  point  for  the  purposes  of 
receiving  requests  in  accordance  with  Article  40(5)  and  providing  confirmation  in 
accordance  with  Article  40(6).  The  Commission  will  post  this  information  on  the 
NAFO MCS website in PDF format. 

Article 42 

Obligations of the master of a fishing vessel 

The master or the agent of any fishing vessel intending to enter port shall forward the 
request  for  entry  to  the  competent  authorities  of  the  port  Member  State  within  the 
request period referred to in Article 40(2). Such request shall be accompanied by the 
Port State Control Prior Request Form, provided for in Annex II.L of the CEM Part 
A duly completed as follows: 

Port State Control Prior Request Form PSC 1, as referred to in Annex II.L.A of the 
CEM  shall  be  used  where  the  vessel  is  carrying,  landing,  transshipment  its  own 
catch; and 

Port State Control Prior Request Form PSC 2, as referred to in Annex II.L.B of the 
CEM,  shall  be  used  where  the  vessel  has  engaged  transshipment  operations.  A 
separate form shall be used for each donor vessel;  

Both  forms  PSC  1  and  PSC  2  shall  be  completed  in  cases  where  a  vessel  carries, 
lands or transships its own catch and catch that was received through transshipment. 

A master or Agent may cancel a prior request by notifying the competent authorities 
of the port they intended to use. The request shall be accompanied by a copy of the 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

3. 

1. 

(a) 

(b) 

(c) 

2. 

EN 

46 

  EN 

 
 
3. 

4. 

(a) 

(b) 

original  Port  State  Control  Prior  Request  Form,  Annex  II.L  of  the  CEM  with  the 
word ‘cancelled’ written across it.  

The  master  of  a  fishing  vessel  shall  not  commence  landing  or  transhipment 
operations  prior  to  the  Estimated  Time  of  Arrival  (ETA)  as  reported  in  PSC1  or 
PSC2  has  expired.  However,  landing  or  transhipment  operations  may  commence 
prior  to  ETA  with  permission  from  the  competent  authorities  of  the  port  Member 
State. 

The master of a fishing vessel shall:  

co-operate  with  and  assist  in  the  inspection  of  the  fishing  vessel  conducted  in 
accordance with these procedures and shall not obstruct, intimidate or interfere with 
the port State inspectors in the performance of their duties;  

provide access to any areas, decks, rooms, catch, nets or other gear or equipment, and 
provide  any  relevant  information  which  the  port  State  inspectors  request  including 
copies of any relevant documents. 

Article 43 

Infringements detected during in-port inspections 

Where  an  infringement  is  detected  during  an  inspection  of  a  vessel  in  port,  the  relevant 
provisions of Articles 35 to 38 shall apply. 

Article 44 

Confidentiality 

All inspection and investigation reports and associated images or evidence, and forms referred 
to in this Chapter shall be treated by Member States, competent authorities, operators, masters 
of vessels, crew as confidential, in accordance with Annex II.B of CEM. 

CHAPTER IX 

NON-CONTRACTING PARTY (NCP) SCHEME 

Article 45 

Presumption of IUU fishing 

1. 

(a) 

An NCP vessel is presumed to have undermined the effectiveness of the Regulation, 
and to have engaged in IUU fishing, if it has been: 

sighted or identified by other means as engaged in fishing activities in the Regulatory 
Area; 

EN 

47 

  EN 

 
 
 
 
 
 
(b) 

(c) 

1. 

(a) 

(b) 

(c) 

involved in transshipment with another NCP vessel sighted or identified as engaged 
in fishing activities inside or outside the Regulatory Area; and/or 

included  in  the  IUU  list  of  the  North  East  Atlantic  Fisheries  Commission’ 
(‘NEAFC’)14. 

Article 46 

Sighting and inspection of NCP vessels in the Regulatory Area 

Each  Member  State  with  an  inspection  and/or  surveillance  presence  in  the 
Regulatory Area authorized under the Joint Inspection and Surveillance Scheme that 
sights  or  identifies  an  NCP  vessel  engaged  in  fishing  activities  in  the  Regulatory 
Area shall:  

transmit  immediately  the  information  to  the  Commission  using  the  format  of  the 
surveillance report set out in Annex IV.A of the CEM; 

attempt  to  inform  the  Master  that  the  vessel  is  presumed  to  be  engaged  in  IUU 
fishing  and  that  this  information  will  be  distributed  to  all  Contracting  Parties, 
relevant  RFMOs and the flag State of the vessel; 

if appropriate, request permission from the Master to board the vessel for inspection; 
and 

(d) 

where the Master agrees to inspection: 

(i) 

transmit  the  inspector’s  findings  to  the  Commission  without  delay,  using  the 
inspection report form set out in Annex IV.B of the CEM; and 

(ii)  provide a copy of the inspection report to the Master. 

Article 47 

Port entry and inspection of NCP vessels 

1. 

2. 

(a) 

Each  Master  of  an  NCP  vessel  shall  request  permission  to  enter  port  from  the 
competent authority of the port Member State in accordance with the provisions of 
Article 42. 

Each port Member State shall:  

forward  without  delay  to  the  flag  State  of  the  vessel  and  to  the  Commission  the 
information it has received pursuant to Article 42; 

(b) 

refuse port entry to any NCP vessel where: 

(i) 

(ii) 

the Master has not fulfilled the requirements set out in Article 42(1); or 

the  flag  State  has  not  confirmed  the  vessel’s  fishing  activities  in 
accordance with Article 41 (2); 

inform the Master or agent, the flag State of that vessel, and the Commission of its 
decision to refuse port entry, landing transshipment or other use of port of any NCP 
vessel;  

The  Convention  on  future  multilateral  co-operation  in  the  North-East  Atlantic  Fisheries  signed  in 
London  on  18  November  1980  and  entered  into  force  on  17  March  1982  to  which  European 
Community acceded on 13 July 1981 (OJ L 227/21, 12.8.1981). 

(c) 

14 

EN 

48 

  EN 

 
                                                 
(d) 

(e) 

(f) 

(g) 

3. 

1. 

2. 

(1) 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

withdraw denial of port entry only if the port State has determined there is sufficient 
proof that  the grounds on which entry  was denied were  inadequate or  erroneous  or 
that such grounds no longer apply; 

inform the Master or agent, the flag State of that vessel, and the Commission of its 
decision to withdraw denial of port entry, landing transshipment or other use of port 
of any NCP vessel;  

where  it  permits  entry,  ensure  the  vessel  is  inspected  by  duly  authorized  officials 
knowledgeable in the Regulation and that the inspection is carried out in accordance 
with Article 40 (11)–(17); and 

send a copy of the inspection report and details of any subsequent action it has taken 
to the Commission without delay. 

Each  Member  State  shall  ensure  that  no  NCP  vessel  engages  in  landing,  or 
transhipment operations or other use of its ports unless the vessel has been inspected 
by  its  duly  authorized  officials  knowledgeable  in  the  Regulation  and  the  Master 
establishes  that  the  fish  species  on  board  subject  to  the  NAFO  Convention  were 
harvested outside the Regulatory Area or in compliance with the Regulation. 

Article 48 

Provisional IUU Vessel List 

In addition to information submitted from Member States in accordance with Articles 
43 and 45, each Member State may, without delay, transmit to the Commission any 
information that may assist in identification of any NCP vessel that might be carrying 
out IUU fishing in the Regulatory Area. 

If a Contracting Party objects to a NEAFC IUU-listed vessel being incorporated into 
or  deleted  from  the  NAFO  IUU  Vessel  List,  such  vessel  shall  be  placed  by  NAFO 
Executive Secretary on the Provisional IUU Vessel List. 

Article 49 

Action against vessels listed in the IUU Vessel List 

Each Member State shall take all measures necessary to deter, prevent, and eliminate 
IUU fishing, in relation to any vessel listed in the IUU Vessel List, including: 

prohibiting  any  vessel  entitled  to  fly  its  flag,  from,  except  in  the  case  of  force 
majeure, participating in fishing activities with such vessel, including but not limited 
to joint fishing operations; 

prohibiting the supply of provisions, fuel or other services to such vessel; 

prohibiting entry into its ports of such vessel, and if the vessel is in port, prohibiting 
use  of  the  port,  except  in  the  case  of  force  majeure,  distress,  for  the  purposes  of 
inspection, or for taking appropriate enforcement action; 

prohibiting change of crew, except as required in relation to force majeure; 

refusing to authorize such vessel to fish in waters under its national jurisdiction; 

prohibiting chartering of such vessel; 

refusing to entitle such vessels to fly its flag; 

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49 

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(h) 

(i) 

(j) 

prohibiting landing and importation of fish from onboard or traceable to such vessel; 

encouraging  importers,  transporters  and  other  sectors  concerned,  to  refrain  from 
negotiating transshipment of fish with such vessels; and 

collecting  and  exchanging  any  appropriate  information  regarding  such  vessel  with 
the  other  Contracting  Parties,  non-Contracting  Parties  and  RFMOs  with  the  aim  of 
detecting,  deterring  and  preventing  the  use  of  false  import  or  export  certificates  in 
relation to fish or fish product from such vessels. 

CHAPTER X 

FINAL PROVISIONS 

Article 50 

Annual report 

1. 

2. 

3. 

By 30 June of each year Member States shall submit to the Commission an annual 
report for the preceding calendar year, comprising information on fisheries, research, 
statistics,  management,  inspection  activities  and  any  additional  information  as 
appropriate.  

The  annual  report  shall  include  information  on  the  steps  taken  to  mitigate  bycatch 
and reduce discards, and on any relevant research in this field.  

The  Commission  shall  compile  the  information  received  and  forward  it  to  NAFO 
Executive Secretary without delay.  

Article 51 
Confidentiality  

In  addition  to  the  obligations  laid  down  in  Articles  112  and  113  of  Regulation  (EC)  No 
1224/2009,  Member  States  shall  ensure  confidential  treatment  of  electronic  reports  and 
messages transmitted to and received from NAFO pursuant to Articles 4(3)(a), 22(5), 22(6), 
25(7), 27(2), and 27(4).  

Article 52 
Procedure for amendments 

1. 

(a) 

(b) 

(c) 

(d) 

The Commission is empowered to adopt delegated acts in accordance with Article 53 
concerning:  

Article 4(3), (5) and (7), Article 6(1)(c) and (g), Article 6(2), Article 9(5)(b), Article 
10(1)(c) and (e), Article 10(2)(a), Article 20(2)(a), Article 22(5)(a), 25(8)(a) and (b),  
Article  27(2)(h),  Article  28(5)(a),  Article  28(7),  Article  30(1)(a)  and  (b),  Article 
34(3)(a), Article 36(1)(b), Article 36(3)(c)(ii), Article 38(1), Article 38(2)(b), 40(1), 
(2)  and  (7),  and  Article  50(1),  as  regards  deadlines  for  reporting  or  submission  of 
other information or requests;  

definitions in Article 3; 

the list of prohibited activities of research vessels in Article 4(2); 

certain catch and efforts limitations as provided in Article 5(2)(c), (d), and (f); 

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50 

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(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

(m) 

(n) 

(o) 

(p) 

(q) 

(r) 

(s) 

(t) 

(u) 

(v) 

(w) 

duties related to closures of fisheries in Article 6; 

situations described in Article 7(2) where species listed in fishing opportunities shall 
be classified as bycatch and the specified maxima for retention on board for species 
classified as bycatch of Article 7(3); 

cases  where  bycatch  limits  exceed  in  any  one  haul  the  limits  specified  in  Article 
8(1)(b), measures related to skate fishing in  Article 8(3); 

measures  prescribed  in  Article  9  related  to  Northern  prawn  fishing  areas;  relevant 
reporting,  change  of  fishery,  fishing  depths  and  references  to  restricted  or  closed 
areas; 

procedures concerning vessels with more than 50 tonnes live weight total catch  on 
board, entering NAFO Regulatory Area to fish for Greenland halibut concerning the 
content  of  notifications  prescribed  in  Article  10(2)(a)  and  (b),  and  conditions  for 
commencement  of fishing prescribed in Article 10(2)(d); 

geographical and time closures for Northern prawn in Article 11; 

shark conservation measures including reporting, prohibition of removal of shark fins 
on boards, retention, transshipment and landing in Article 12(1); 

technical characteristics of mesh sizes of Article 13(2), and use of sorting grids and 
grates for Northern prawn in Article 14(3); 

provisions concerning changes in Map of Footprint, Boundary Points Delineating the 
Eastern Side of the Footprint in Article 17, including adding new areas; 

provisions  concerning  changes  in  delineating  restricted  areas  and  dates  of  closures 
for bottom fishing activities, including adding new areas in Article 18; 

provisions concerning definition of encounter with VME indicator species in Article 
21(1), duties of an observer deployed under Article 21(4)(b); 

content of the electronic transmission in Article 22(5), list of valid documents to be 
carried  on  board  of  a  vessels  according  to  Article  22(8)  and  the  content  of  the 
capacity plan described in Article 22(10); 

documentation  to  be  carried  on  board  of  a  vessel  on  chartering  arrangements  in 
Article 23(9); 

obligations concerning the utilization of fishing logbooks, production logbooks  and 
stowage  plans  respectively  of  paragraphs  (2),  (3),  (5)  of  Article  25,  as  well  as 
requirement  for  electronic  reports  in  Article  25(6)  and  duties  concerning  the 
reporting  of provisional monthly catches, including  form and  transmission  deadline 
as prescribed in Article 25 (8); 

the  VMS  data  to  be  automatic  continuous  transmission  of  (1),  duties  concerning 
FMC in paragraph (2) and (9) of Article 26; 

provisions  on  electronic  reporting,  percentage  rates,  content  of    Member  States 
reports,  duties  of  an  observer  and    master  of  the  vessel  contained  respectively  in 
Article 28(3), (4), (6), (9) and (10); 

the content of notifications in Article 30(1); 

obligations of the master during inspection in Article 33; 

duties  of  inspectors  and  inspecting  Member  State  in  paragraphs  (2)(c)  and  (3) 
respectively of Article 34; 

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(x) 

(y) 

(z) 

(aa) 

(bb) 

(cc) 

duties of inspecting Member States in paragraphs (1) and (2) of Article 35; 

list  of  violations  constituting  a  serious  infringements  in  Article  36(1),  duties  of 
inspectors in Article 36(2) and the flag Member State in Article 36(3); 

duties of the port Member State in Article 40; 

obligations of the master of a fishing vessel in Article 42(1); 

 inspection obligations of port Member States relating to NCPs in Article 47(2); 

list of measures to be taken by Member States against IUU listed vessels in Article 
49; and 

(dd) 

 annual reporting obligation in Article 50. 

2. 

1. 

2. 

3. 

4. 

5. 

6. 

Amendments  in  accordance  with  paragraph  1  shall  be  strictly  limited  to  the 
enactment of amendments to CEM into Union law.  

Article 53 
Exercise of the delegation 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to 
conditions laid down in this Article. 

The power to adopt delegated acts referred to in Article 52 shall be conferred on the 
Commission  for  a  period  of  five  years  from  [dd/mm/yyyy].  The  Commission  shall 
draw  up  a  report  in  respect  of  the  delegation  of  power  not  later  than  nine  months 
before  the  end  of  the  five-year  period.  The  delegation  of  power  shall  be  tacitly 
extended for periods of an identical duration, unless the European Parliament or the 
Council  opposes  such  extension  not  later  than  three  months  before  the end  of  each 
period. 

The delegation of power referred to in Article 52 may be revoked at any time by the 
European Parliament or by the Council. A decision to revoke shall put an end to the 
delegation  of  the  power  specified  in  that  decision.  It  shall  take  effect  the  day 
following  the  publication  of  the  decision  in  the  Official  Journal  of  the  European 
Union  or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  any 
delegated act already in force.  

Before adopting a delegated act, the Commission shall consult experts designated by 
each  Member  State 
the 
in  accordance  with 
Interinstitutional Agreement on Better Law-Making of 13 April 2016.  

the  principles 

laid  down 

in 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  

A  delegated  act  adopted  pursuant  to  Article  52  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council 
within a period of two months of notification of that act to the European Parliament 
and the Council or if, before the expiry of that period, the European Parliament and 
the  Council  have  both  informed  the  Commission  that  they  will  not  object.  That 
period shall be extended by two months at the initiative of the European Parliament 
or of the Council. 

Implementation of certain parts of and Annexes to the CEM   

Article 54 

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52 

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1. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

The parts of and Annexes to the CEM referred to in the following provisions of this 
Regulation  shall  become  directly  applicable  in  all  Member  States  and  enforceable 
against  natural  and  legal  persons,  on  the  twentieth  day  following  the  publication 
referred to in paragraph (2): 

Article 3 (17), (21) and (29); 

Article 4(3)(a); 

Article 9(1), (4) and (5); 

Article 10(1)(e); 

Article 13(1), (2)(d); 

Article 14(2) and (3); 

Article 16(1) and (2);  

Article 17; 

Article 18(1) to (4); 

Article 19(1), (2)(a) and (d); 

Article 20(2)(b); 

Article 21(2) and (4)(a); 

(m) 

Article 22(1)(a) and (b), (5)(a); 

(n) 

(o) 

(p) 

(q) 

(r) 

(s) 

(t) 

(u) 

(v) 

Article 22(5)(a)(b); 

Article 24(1)(b) and (e); 

Article 25(2) and (6), (6)(g), (7), (8), (9)(b); 

Article 26(9)(b); 

Article 27(3)(d) and (h); 

Article 28(9)(a), (10)(a);  

Article 29(10); 

Article 31(1)(a); 

Article 32(b); 

(w) 

Article 33(c);  

(x) 

(y) 

(z) 

(aa) 

(bb) 

(cc) 

(dd) 

(ee) 

Article 34(1);  

Article 35(1)(d), (2)(a); 

Article 40(8), (11), (13)(a)(iii) and (16); 

Article 41(2); 

Article 42(1), (1)(a)(b) and (2); 

Article 43; 

Article 44; and 

Article 46(1)(a) and (d). 

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2. 

The  Commission  shall  publish  in  the  Official  Journal  of  the  European  Union  the 
parts of and Annexes to the CEM referred to in paragraph (1) within one month after 
the entry into force of this Regulation.  

The  Commission  shall  publish  in  the  Official  Journal  of  the  European  Union 
subsequent  changes  to  parts  of  and  Annexes  to  the  CEM  already  published,  in 
accordance  with  the  first  subparagraph,  within  one  month  after  those  changes 
become binding on the Union and the Member States. 

Article 55 

Repeal  

Regulation (EC) No 2115/2005 and Regulation (EC) No 1386/2007 are hereby repealed. 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 56 

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

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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