Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending the Regulation (EU) 2019/833 of the European Parliament and of the Council of 20 May 2019 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation
Date: 2020-05-29
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, 29.5.2020  COM(2020) 215 final 2020/0095 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending the Regulation (EU) 2019/833 of the European Parliament and of the Council of 20 May 2019 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  main  purpose  of  the  proposal  is  to  turn  into  Union  law  the  amendments  to  the 
conservation  and  enforcement  measures  adopted  by  the  Northwest  Atlantic  Fisheries 
Organisation  (NAFO)  at  its  last  annual  meeting  in  2019.  The  proposal  also  includes  the 
NAFO editorial improvements and adapts the wording to the EU legal context. NAFO is the 
regional fisheries management organisation responsible for managing fishery resources in the 
Northwest Atlantic under its purview. NAFO’s conservation and management measures apply 
exclusively to the NAFO Regulatory Area, the high seas, defined as the area that lies beyond 
the  area  where  coastal  states  exercise  fisheries  jurisdiction.  The  EU  has  been  a  Contracting 
Party to NAFO since 1979.  

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 
required to implement them.  

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. 

Regulation  (EU)  2019/833  turned  into  Union  law  the  NAFO  conservation  and  enforcement 
measures.  This  proposal  covers  most  the  recent  amendments  adopted  by  NAFO.  These 
amendments entered into force for the Union on 2 December 2019 and apply from that date. 

• 

Consistency with existing policy provisions in the policy area 

The proposal is consistent with Regulation (EU) 2019/833.  

The proposal is in line with Part VI (external policy) of Regulation (EU) No 1380/2013 on the 
common  fisheries  policy  providing  that  the  Union  conducts  its  external  fisheries  in 
accordance with its international obligations, basing EU fishing activities on regional fisheries 
cooperation, and engaging the European Fisheries Control Agency to ensure compliance. 

The  proposal  complements  Regulation  (EU)  2017/2403  concerning  the  external  fleet 
management,  providing  that  Union  fishing  vessels  are  subject  to  Regional  Fisheries 
Management  Organisations  fishing  authorisations,  and  Council  Regulation  (EC)  No 
1005/2008  concerning  illegal  unreported  and  unregulated  fishing  providing  for  inclusion  of 
the NAFO Illegal, Unreported and Unregulated (IUU) list into the Union IUU vessels list. 

This proposal does not cover the EU’s fishing opportunities that are 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 

The proposal is consistent with other Union policies.  

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2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The proposal is based on Article 43(2) TFEU, as it sets out the provisions needed to pursue 
the objectives of the common fisheries policy. 

• 

Subsidiarity (for non-exclusive competence)  

The proposal falls under the exclusive competence of the Union (Article 3(1)(d) TFEU). The 
subsidiarity principle, therefore does not apply. 

• 

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 

The instrument of choice amends Regulation (EU) 2019/833. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not relevant. 

• 

Stakeholder consultations 

The  purpose  of  this  proposal  is  to  amend  Regulation  (EU)  2019/833  by  including  the  most 
recent  changes  to  conservation  and  enforcement  measures  adopted  at  the  NAFO  annual 
meeting of September 2019. These amendments are binding upon the contracting parties. EU 
Member States national  experts and industry representatives were consulted both  during the 
run-up  to  the  NAFO  annual  meeting  at  which  these  recommendations  were  adopted  and 
during the NAFO negotiations.  

• 

Collection and use of expertise 

This proposal turns into Union law a NAFO recommendation that was adopted in accordance 
with the NAFO standing committees on scientific and control advice. 

• 

Impact assessment 

Not relevant. This proposal turns into Union law a NAFO recommendation that is binding on 
Contracting Parties directly applicable to Member States. 

• 

Regulatory fitness and simplification 

This proposal is not linked to regulatory fitness and simplification (REFIT). 

 • 

Fundamental rights 

This proposal has no impact on the protection of fundamental rights. 

4. 

BUDGETARY IMPLICATIONS 

This proposal has no budgetary implications. 

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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 

The proposal  includes technical  amendments  such as improving and clarifying the language 
on  catch  and  effort  limitations,  closure  of  fisheries,  catch  retained  on-board,  mesh  sizes, 
fishing  and  production  logbooks,  including  additional  inspection  duties  and  simplifying  the 
monthly catch reports. 

The  proposal  also  includes  NAFO’s  editorial  changes  to  a  few  provisions  concerning 
Greenland  halibut,  production  logbook,  cross-references  to  infringements  and  infringement 
procedures.  It  introduces  definitions  and  reference  to  the  NAFO  monitoring,  control  and 
surveillance website together with the relevant protocol for granting access to this website.  

The  proposal  also  amends  Regulation  (EU)  2019/833  by  clarifying  the  use  of  gauges  and 
makes  it  clear  that  NAFO  norms  should  be  applied.  The  proposal  incorporates  the  NAFO 
conservation  and  enforcement  measures  definition  of  ‘fishing  vessel’  as  its  scope  is  wider 
than the definition in Council Regulation (EC) No 1224/2009. This will allow EU control and 
enforcement authorities to work in  line with  other NAFO Contracting Parties. The proposal 
improves  the  information  flow  between  the  Member  States  fisheries  authorities,  the 
Commission and the NAFO Secretariat and acknowledges the role of the European Fisheries 
Control  Agency  in  coordinating  the  inspection  means  deployed  within  the  NAFO  Joint 
Inspection and Surveillance Scheme. It introduces provisions to protect the Greenland shark. 
It  clarifies  the  need  for  the  consent  of  the  port  State  Contracting  Party  to  be  given  to 
inspectors  of  another  Contracting  Party  as  well  as  the  chartering  arrangements  that  should 
apply  at  NAFO  level.  The  proposal  also  delegates  to  the  Commission  powers  to  amend  the 
NAFO  conservation  and  enforcement  provisions  on  mesh  sizes,  sorting  grids  or  grates  and 
toggle  chains  in  the  Northern  prawn  fishing,  and  area  restrictions  for  the  bottom  fishing 
activities.  These  provisions  are  likely  to  be  amended  at  upcoming  NAFO  annual  meetings, 
starting  from  2020,  and  will  likely  enter  into  force  just  before  2021  fishing  season.  The 
prompt amendment of these provisions will be needed to allow Union vessels to fish on the 
same footing as vessels of other NAFO Contracting Parties for every future fishing season.  

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2020/0095 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending the Regulation (EU) 2019/833 of the European Parliament and of the Council 
of 20 May 2019 laying down conservation and enforcement measures applicable in the 
Regulatory Area of the Northwest Atlantic Fisheries Organisation 

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, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee1,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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2 

3 

Since  the  adoption  of  Regulation  (EU)  2019/833  of  the  European  Parliament  and  of 
the  Council2,  the  Northwest  Atlantic  Fisheries  Organisation  (NAFO)  adopted  at  its 
41st  Annual  Meeting  a  number  of  legally  binding  decisions  for  the  conservation  of 
fishery resources under its purview. 

Those  decisions  are  addressed  to  the  NAFO  Contracting  Parties,  but  also  contain 
obligations  for  the  operators.  Following  their  entry  into  force  on  2  December  2019, 
NAFO  Conservation  and  Enforcement  Measures  (CEM)  are  binding  on  all  NAFO 
Contracting Parties. As regards the Union, they are to be incorporated into Union law 
to the extent they are not already provided for by Union law. 

Regulation  (EU)  2019/833  should  therefore  be  adapted  in  order  apply  NAFO  mesh 
measurement norms, introduce the definition of fishing vessel used by NAFO to allow 
the  EU  control  and  enforcement  authorities  to  work  in  line  with  other  NAFO 
Contracting Parties, and to improve the information flow between the Member States 
authorities, the Commission and NAFO Executive Secretary.  
In accordance with Article 3(c) and (i) of Regulation (EU) 2019/4733, the mission of 
the  European  Fisheries  Control  Agency  (EFCA)  is,  inter  alia,  to  organise  the 
operational  coordination of fisheries control and inspection activities by the Member 
States for the implementation of international control and inspection programmes such 
as the NAFO Joint Inspection and Surveillance Scheme; and to assist Member States 

OJ C , , p. . 
Regulation (EU) 2019/833 of the European Parliament and of the Council of 20 May 2019 laying down 
conservation  and  enforcement  measures  applicable  in  the  Regulatory  Area  of  the  Northwest  Atlantic 
Fisheries Organisation, amending Regulation (EU) 2016/1627, and repealing Council Regulations (EC) 
No 2115/2005 and (EC) 1386/2007 (OJ L 141, 28.5.2019, p. 1). 
Regulation  (EU)  2019/473  of  the  European  Parliament  and  of  the  Council  of  19  March  2019  on  the 
European Fisheries Control Agency (OJ L 83, 25.3.2019, p. 18). 

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(5) 

(6) 

(7) 

in  reporting  information  on  fishing  activities  and  control  and  inspection  activities  to 
the Commission and third parties. It is therefore appropriate to establish EFCA as the 
body  that  shall  receive  from  Member  States  and  transmit  to  the  NAFO  Executive 
Secretary  information  relating  to  inspection  and  control  such  us  seagoing  inspection 
reports and notifications of the control observers’ scheme.  

The  CEM  procedure  for  Contracting  Parties  to  transmit  information  to  the  NAFO 
Monitoring, Control and Surveillance site consists now of sending the information to 
be  uploaded  to  the  NAFO  Executive  Secretary.  It  is  therefore  necessary  update  the 
relevant provisions in the Regulation to reflect this change and to clarify the channels 
to be used by Member States to transmit the information.  

It  is  also  necessary to  introduce the CEM provisions  for the protection of Greenland 
shark,  to  align  the  provisions  of  chartering  arrangements  with  those  in  the  NAFO 
CEM and to spell out the need of the consent of the port State Contracting Party to be 
given to inspectors of another Contracting Party for their deployment. 

Certain  provisions  of the CEM are likely to  be amended at  NAFO Annual  Meetings 
due to introduction of new technical measures in relation to changing stocks biomass 
and  review  of  area  restrictions  for  bottom  fishing  activities.  Therefore,  in  order  to 
swiftly  incorporate  into  Union  law  future  amendments  to  the  CEM,  before  start  of 
fishing season, the power to adopt acts in accordance with Article 290 of the Treaty on 
the  Functioning  of  the  European  Union  should  be  delegated  to  the  Commission  in 
respect  of the following  aspects: the regulation  of mesh sizes,  sorting grids or grates 
and toggle chains in the Northern prawn fishing; and area restrictions for the bottom 
fishing  activities.  It  is  of  particular  importance  that  the  Commission  carries  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  of  13  April  2016  on  Better  Law-Making4.  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. 

(8) 

Regulation (EU) 2019/833 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Amendments to Regulation (EU) 2019/833 

Regulation (EU) 2019/833 is hereby amended as follows: 

(1) 

Article 3 is amended as follows:  

(a)  Point (6) is replaced by following: 

‘(6) “Fishing vessel” means any Union vessel equipped for, intended for, or engaged 
in fishing activities, including fish processing, transhipment or any other activity in 
preparation for or related to fishing activities, including experimental or exploratory 
fishing activities.’; 

(b)  Point (31) is added: 

4 

OJ L 123, 12.5.2016, p. 1. 

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‘(31)  “MCS  Website”  means  the  NAFO  Monitoring,  Control  and  Surveillance 
Website  that  contains  information  relevant  for  at-sea  and  in-port  inspections.  The 
procedure  for  granting  access  to  this  website  to  individuals  within  Contracting 
Parties is outlined in Annex II.XX to the CEM referred to in point 45 of the Annex to 
this Regulation.’. 

(2) 

Article 5 is amended as follows:  

(a)  Paragraph 2 is replaced by the following: 

‘2. Member States may permit fishing vessels flying their flag to fish for stocks for 
which  the  Union  has  not  been  allocated  a  quota  in  accordance  with  the  fishing 
opportunities  in  force  (the  ‘Others’  quota),  if  such  quota  exists  and  notification  of 
closure has not been given by the NAFO Executive Secretary.’; 

(b) 

 In paragraph 3, point (c) is replaced by the following: 

‘(c) notify the Commission and EFCA of the names of Union vessels that intend to 
fish ‘Others’ quota at least 48 hours in advance of each entry, and after a minimum 
of 48 hours of absence from the Regulatory Area. That notification shall, if possible, 
be  accompanied  by  an  estimate  of  the  projected  catch.  Where  the  Commission 
considers that the relevant conditions established in the NAFO CEM are met, it shall 
notify the NAFO Executive Secretary.’. 

(3) 

Article 6(1) is amended as follows:  

(a)  Point (d) is replaced by the following:  

‘(d) close its directed fishery for redfish in Division 3M between  24:00 UTC of the 
day the accumulated reported catch is estimated to reach 50% of the TAC of redfish 
in Division 3M, as notified in accordance with paragraph 3, and 1 July.’; 

(b)  Point (e) is replaced by the following:  

‘(e) close its directed fishery for redfish in Division 3M at 24:00 UTC of the day the 
accumulated  reported  catch  is  estimated  to  reach  100%  of  the  TAC  of  redfish  in 
Division 3M, as notified in accordance with paragraph 3.’. 

(4) 

Article 7(2) is amended as follows:  

(a)  Point (a) is replaced by the following:  

‘(a)  no  quota  has  been  allocated  to  the  Union  for  that  stock  in  that  Division,  in 
accordance with the fishing opportunities in force.’;  

(b)  Point (b) is replaced  by the following:  

‘(b) a ban on fishing for that particular stock is in force (moratorium); or’. 

(5) 

Article 10 is amended as follows:  

(a)  Paragraph 1 is amended as follows:  

(i) Point (c) is replaced by the following: 

‘(c) each Member State shall send to the Commission the name of every port it has 
so  designated,  which  shall  transmit  it  to  the  NEAFC  Executive  Secretary.  Any 
subsequent  changes  to  the  list  shall  be  sent  in  replacement  of  the  previous  one  not 
less than 20 days before the change comes into effect.’;  

(ii) Point (e) is replaced by the following:   

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‘(e)  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 to the CEM 
referred  to  in  point  9  of  the  Annex  to  this  Regulation,  and  send  it  to  the  NAFO 
Executive  Secretary  with  the  Commission  and  EFCA  in  copy,  within  14  working 
days from the date on which the inspection was completed. The report shall identify 
and  provide  details  of  any  infringement  of  this  Regulation  detected  during  the  port 
inspection.  It  shall  include  all  relevant  information  available  with  regard  to 
infringements detected at sea during the current trip of the inspected fishing vessel.’; 

(b)  Paragraph 2(d)(i) is replaced by the following: 

‘it receives no confirmation within 72 hours of the notification it has transmitted in 
accordance with point (a); or’. 

(6) 

In Article 12, the following paragraphs 9 and 10 are added: 

‘9.  It  shall  be  prohibited  to  conduct  a  directed  fishery  for  Greenland  shark 
(Somniosus microcephalus) in the Regulatory Area. 

10. Fishing vessels flying the flag of a Member State shall undertake all reasonable 
efforts  to  minimize  incidental  catch  and  mortality,  and  where  alive,  release 
Greenland sharks in a manner that causes the least possible harm.’. 

(7) 

Article 13 is amended as follows:  

(a)  Paragraph 1 is replaced by the following:  

‘1. For the purpose of this Article, mesh size shall be measured in accordance with 
Annex III.A to the CEM referred to in point 10 of the Annex to this Regulation.’;  

(b)  Paragraph 2, point (a) is replaced by the following:  

‘(a) 40 mm for shrimps, including prawns (PRA).’. 

(8) 

(9) 

In Article 18, paragraph 4 is deleted. 

Article 23 is replaced by the following: 

‘Article 23 

Chartering arrangements 

1.  For  the  purpose  of  this  Article,  ‘chartering  Contracting  Party’  shall  refer  to  the 
Contracting Party that holds an allocation as indicated in Annex I.A and Annex I.B 
to  the CEM, or the Member State that holds a  fishing opportunities allocation, and 
‘flag State Contracting Party’ shall refer to the Contracting Party or to the Member 
State in which the chartered vessel is registered. 

2.  All  or  part  of  the  fishing  allocation  of  a  chartering  Contracting  Party  can  be 
harvested  using  a  chartered  authorised  vessel  (‘chartered  vessel’)  flying  the  flag  of 
another Contracting Party, subject to the following conditions: 

(a)  the  flag  State  Contracting  Party  has  consented  in  writing  to  the  chartering 
arrangement; 

(b)  the  chartering  arrangement  is  limited  to  one  fishing  vessel  per  flag  State 
Contracting Party in any calendar year; 

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

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

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

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

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

6.  The  flag  State  Contracting  Party  shall  notify  the  NAFO  Executive  Secretary  in 
writing prior to the start of the chartering arrangement of its consent to the chartering 
arrangement  and  provide  to  the  chartered  vessel  a  copy  of  the  notice  issued  by  the 
NAFO Executive Secretary with the details of the chartering. 

7. Where the chartered vessel is a Union fishing vessel, the flag Member State shall 
notify  the  Commission  in  writing  prior  to  the  start  of  the  chartering  arrangement. 
Where the Commission considers that the relevant conditions established in the CEM 
are met, it shall notify the NAFO Executive Secretary of the consent to the chartering 
arrangement. 

8. The chartering Contracting Party shall, before the date the chartering arrangement 
is  effective,  provide  the  following  information  in  writing  to  the  NAFO  Executive 
Secretary and to the chartered vessel, which shall at all times carry a copy on board: 

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

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

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

(d) a copy of the chartering arrangement and any fishing authorisation or licence the 
chartering Contracting Party has issued to the chartered vessel; and 

(e) the allocation assigned to the vessel. 

9.  Where  the  chartering  Contracting  Party  is  the  European  Union,  the  chartering 
Member  State  shall  notify  the  information  referred  to  in  the  paragraph  8  to  the 
Commission before the chartering arrangement is effective. Where the Commission 
considers  that  the  relevant  conditions  established  in  the  CEM  are  met,  it  shall 
transmit the information to the NAFO Executive Secretary. 

10. Where the chartered vessel is a Union fishing vessel, the flag Member State shall 
notify  the  Commission  immediately  upon  the  occurrence  of  any  of  the  following 
events: 

(a) start of fishing operations under the chartering arrangement; 

(b) suspension of fishing operations under the chartering arrangement; 

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

(d) end of fishing operations under the chartering arrangement. 

11. The flag State Contracting Party shall maintain a separate record of catch and by-
catch data from fishing operations in accordance with every charter of a vessel flying 

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its  flag  and  report  them  to  the  Commission,  which  transmit  it  to  the  chartering 
Contracting Party and the NAFO Executive Secretary.’. 

(10) 

Article 25 is amended as follows: 

(a)  Paragraph 2(a) is replaced by the following:  

‘(a) accurately records the catch of each tow/set by Division;’; 

(b)  Paragraph 3 is amended as follows: 

(i) point (b) is replaced by the following:  

‘(b) records the production of each species and product type by Division;’; 

(ii) point (d) is replaced by the following:  

‘(d) records each entry in accordance with Article 24;’;  

(iii) the following point (e) is added: 

‘(e)  and  when  production  has  occurred  on  the  day  of  an  inspection,  makes  the 
information related to any catch processed for that day available to an inspector upon 
request.’; 

(c)  Paragraph 6 is amended as follows: 

(i) point (c) is replaced by the following:   

‘(c) 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,  unless  otherwise  submitted  in  a  COX  report;  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//);’; 

(ii) the second subparagraph is replaced by the following: 

‘Catch shall be reported at the species level under their corresponding 3-alpha code 
presented  in  Annex  I.C  of  the  CEM  referred  to  in  point  11  of  the  Annex  to  this 
Regulation 
FAO 
Aquatic Sciences and Fisheries Information System  List  of  Species  for  Fishery 
Statistics.  The  estimated  weight  of  sharks  caught  per  haul  or  set  shall  also  be 
recorded.’; 

contained 

Annex 

not 

I.C 

the 

or 

in 

if 

(d) 

In paragraph 9, the following second subparagraph is added : 

‘Paragraph (a) above does not apply if all catches have been reported in accordance 
with paragraph 6 of this Article.’. 

(11) 

Article 27 is amended as follows: 

(a) 

In paragraph 5 the following letter (g) is added: 

‘(g)  electronically  and  without  delay  following  its  receipt,  transmit  to  the  NAFO 
Executive  Secretary  the  daily  observer  report  referred  to  in  point  (e)  of  paragraph 
11;’; 

(b)  Paragraph 7 is replaced as follows:  

‘7. Each Member State shall provide: 

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(a) not later than 24 hours in advance of an observer's deployment on board a fishing 
vessel, the name of the fishing vessel and international radio call sign, together with 
the name and ID (if applicable) of the observer concerned; 

(b) within 20 days following the arrival of the vessel in port, the observer trip report 
referred to in paragraph 11; 

(c)  by  15  February  each  year  for  the  previous  calendar  year,  a  report  on  its 
compliance with the obligations set out in this Article.’. 

(c)  Paragraph 15 is replaced by the following:  

‘15. The information that Member States are required to provide in accordance with 
points (c) and (d) of paragraph 3, point (a) of paragraph 5, point (c) of  paragraph 6 
and paragraph 7 shall be transmitted to EFCA with the Commission in copy. EFCA 
shall  ensure  that  this  information  is  transmitted  to  the  NAFO  Executive  Secretary 
without delay, for posting on the NAFO MCS website.’. 

(12) 

Article 28 is amended as follows:  

(a)   Paragraph 2 is replaced by the following:  

‘2.  Inspection  and  surveillance  shall  be  carried  out  by  inspectors  assigned  by  the 
Member  States,  EFCA  and  the  Commission.  Member  State  and  the  Commission 
shall notify inspectors to EFCA through the Scheme.’;   

(b)   Paragraph 7 is replaced by the following:  

‘7. 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  EFCA  shall  be  informed 
immediately, and the CEM fully apply.’. 

(13) 

Article 30 is amended as follows:  

(a)   Paragraph 2(a) is replaced by the following: 

‘(a) transmit the surveillance report to EFCA which shall submit it without delay to 
the NAFO Executive Secretary for transmission to the flag State Contracting Party of 
the vessel’;  

(b)   Paragraph 4 is replaced by the following:  

‘4. Each Member State shall send the investigation report to EFCA, which shall send 
it to the NAFO Executive Secretariat and to the Commission.’. 

(14) 

Article 33 is amended as follows:  

(a)   Paragraph 2(c)(ii) is replaced with the following:  

‘(ii)  record  summaries  as  well  as  differences  between  the  recorded  catch  and  their 
estimates of the catch on board in the appropriate sections of the inspection report’; 

(b)   Paragraph 3(a) is replaced by the following:  

‘(a)  send  to  EFCA  the  at  sea  inspection  report,  if  possible  within  20  days  of  the 
inspection, which shall submit it to the NAFO Executive Secretary.’. 

(15) 

Article 34 is amended as follows:  

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(a)   Paragraph 1(g) is replaced by the following:  

‘(g) notify any observer on board of the infringement.’; 

(b)   Paragraph 2 is amended as follows: 

(i) point (a) is replaced by the following: 

‘(a) within 24 hours from detection of the infringement, transmit to the Commission 
and 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 the 
Infringement section of the inspection report in Annex IV.B to the CEM referred to 
in point 41 of the Annex to this Regulation, 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 relating to the infringement referred to in paragraph 1 of this Article;’; 

(ii) the second subparagraph is replaced by the following: 

‘EFCA shall submit to the NAFO Executive Secretary the inspection report.’. 

(16) 

Article 35(1) is amended as follows:  

(a)   Point (a) is replaced by the following:  

‘(a)  fishing  an  ‘Others’  quota  without  prior  notification  to  the  Commission  and 
EFCA in contravention of Article 5;’; 

(b)   Point (e) is replaced by the following:   

‘(e) fishing in closed area, in contravention of Article 9 (5) and Article 18;’; 

(c)   Point (k) is replaced by the following:  

‘(k)  failure  to  communicate  messages  relating  to  catch  in  contravention  of  Article 
12(1) and Article 25;’; 

(d)   Paragraph 5 is replaced by the following:  

‘5.  For  the  purposes  of  paragraphs  3  and  4,  ‘misrecording  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.’; 

(e)   Paragraph 6 is replaced by the following: 

‘6. Subject to the consent of the flag Member State and of the port State Contracting 
Party  if  different,  inspectors  of  another  Contracting  Party  or  Member  State  may 
participate in the full inspection and enumeration of the catch.’. 

(17) 

Article 39 is amended as follows: 

(a)   Paragraph 1 is replaced by the following:  

‘1.  The  port  Member  State  shall  provide  the  Commission  with  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  notify  the  NAFO 

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Executive  Secretary  of  the  list  of  designated  ports.  Any  subsequent  changes  to  the 
list shall be posted in replacement of the previous one no less than 15 days before the 
change comes into effect.’; 

(b)   Paragraph 2 is replaced by the following: 

‘2. The port Member State shall establish a minimum prior request period. The prior 
request  period  shall  be  three  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, the 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, 
which shall notify the NAFO Executive Secretary.’; 

(c)   Paragraph 3 is replaced by the following:  

‘3. 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 
issuing 
41,  receiving  confirmations 
authorisations in accordance with paragraph 6 of this Article. The port Member State 
shall provide the name of the competent authority and its contact information to the 
Commission, which shall notify the NAFO Executive Secretary.’; 

in  accordance  with  Article  40(2)  and 

(d)   Paragraph 8 is replaced by the following: 

‘8. The port Member State shall without delay notify the master of the vessel of its 
decision on whether to authorise 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 authorised the port 
Member State shall return to the master of the vessel a copy of the form  Port State 
Control Prior Request Form in Annex II.L to the CEM referred to in point 43 of the 
Annex to this Regulation with Part C duly completed. This copy shall also be sent to 
the NAFO Executive Secretary with the Commission and EFCA in copy. In the case 
of  a  denial  the  port  Member  State  shall  also  notify  the  flag  NAFO  Contracting 
Party.’; 

(e)   Paragraph 9 is replaced by the following:  

‘9.  In  case  of  cancellation  of  the  prior  request  referred  to  in  Article  41(2)  the  port  
Member  State  shall  send  a  copy  of  the  cancelled  Port  State  Control  Prior  Request 
Form to the NAFO Executive Secretary with the Commission and EFCA in copy.’; 

(f)   Paragraph 17 is replaced by the following: 

‘17.The port Member State shall without delay send a copy of each port State control 
inspection report to the NAFO Executive Secretary with the Commission and EFCA 
in copy.’. 

(18) 

Article 45 is replaced by the following:  

‘Art. 45 

Sighting and inspection of non-Contracting Party vessels in the Regulatory Area 

Each  Member  State  or,  when  appropriate,  EFCA,  with  an  inspection  and/or 
surveillance  presence  in  the  Regulatory  Area  authorised  under  the  Joint  Inspection 
and  Surveillance  Scheme  that  sights  or  identifies  a  non-Contracting  Party  vessel 
engaged in fishing activities in the Regulatory Area shall: 

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(a) transmit immediately the information to the Commission using the format of the 
surveillance report set out in Annex IV.A to the CEM referred to in point 38 of the 
Annex to this Regulation; 

(b)  attempt  to  inform  the  master  of  the  vessel  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; 

(c)  if  appropriate,  request  permission  from  the  master  of  the  vessel  to  board  the 
vessel for inspection; and 

(d) where the master of the vessel 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 to the CEM referred to in point 41 of 
the Annex to this Regulation; and 

(ii) provide a copy of the inspection report to the master of the vessel.’. 

(19) 

In Article 50(2) the following points (i), (j) and (k) are added: 

 ‘(i) mesh sizes set out in Article 13(2); 

(j) technical specifications for sorting grids, grates and toggle chains in the Northern  
prawn fishery set out in Article 14(2); 

  (k) area restrictions for bottom fishing activities set out in Article 18.’. 

(20) 

The Annex is amended as follows: 

(a)   Point (44) is replaced by the following: 

‘(44) Annex IV.H to the CEM on inspections referred to in Article 39(11);’; 

(b)   The following point (45) is added: 

‘(45) Annex II.XX of the CEM referred to in point (31) of Article 3.’. 

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

Article 2 

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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