Regulation (EU) 2024/2594 of the European Parliament and of the Council of 18 September 2024 laying down conservation, management and control measures applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries, amending Regulation (EU) 2019/1241 of the European Parliament and of the Council and Council Regulation (EC) No 1224/2009, and repealing Regulation (EU) No 1236/2010 of the European Parliament and of the Council and Council Regulations (EEC) No 1899/85 and (EEC) No 1638/87
Date: 2024-09-18
Institutions: Council of the European Union, European Parliament
Subjects: Atlantic Ocean, EU waters, conservation of fish stocks, fishing agreement, fishing area, fishing rights, international convention, international cooperation, international waters, sea fishing




L_202402594EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/2594


8.10.2024







            REGULATION (EU) 2024/2594 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         
of 18 September 2024
         
laying down conservation, management and control measures applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries, amending Regulation (EU) 2019/1241 of the European Parliament and of the Council and Council Regulation (EC) No 1224/2009, and repealing Regulation (EU) No 1236/2010 of the European Parliament and of the Council and Council Regulations (EEC) No 1899/85 and (EEC) No 1638/87


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 Committee (1),


Acting in accordance with the ordinary legislative procedure (2),

Whereas:







(1)


One of the objectives of the Common Fisheries Policy (CFP), as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council (3), is to ensure exploitation of marine biological resources in a way that provides sustainable economic, environmental and social benefits. Furthermore, in accordance with Article 28 of that Regulation, the Union is to ensure that its fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law in the area of the CFP, while promoting a level playing field for Union operators vis-à-vis third-country operators.












(2)


By way of Council Decision 98/392/EC (4), the Union approved the United Nations Convention on the Law of the Sea. By way of Council Decision 98/414/EC (5), the Union approved the Agreement for the implementing of that Convention relating to the conservation and management of straddling fish stocks and highly migratory fish stocks, which contains 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 the high seas to conserve fish stocks.












(3)


By way of Council Decision 81/608/EEC (6), the European Economic Community approved the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (‘the NEAFC Convention’), which established the North-East Atlantic Fisheries Commission (NEAFC). The 2004 and 2006 amendments to the NEAFC Convention were approved by Council Decision 2009/550/EC (7). Those amendments formally entered into force on 29 October 2013, although, in accordance with the 2005 Declaration on the Interpretation and Implementation of the Convention on the Future Multilateral Cooperation in North-East Atlantic Fisheries (the London Declaration), it was agreed to implement the amendments on a provisional basis from the date of their adoption, pending their entry into force.












(4)


The NEAFC Convention aims to ensure the long-term conservation and optimum utilisation of the fishery resources in the area under its scope (‘the Convention Area’), providing sustainable economic, environmental and social benefits. To that end, NEAFC has the authority to adopt legally binding decisions (‘recommendations’) for the conservation, management and control of fishery resources under its purview. Those recommendations are essentially addressed to the Contracting Parties to the NEAFC Convention (‘the Contracting Parties’), but also contain obligations for operators such as the masters of fishing vessels. Such measures may become binding upon the Union and, in the case of the Union, are to be implemented into Union law to the extent to which they are not already covered by Union law.












(5)


NEAFC Recommendation 19:2014 establishes measures to protect vulnerable marine ecosystems by determining areas closed for bottom fishing, existing bottom fishing areas and the requirements for exploratory fishing. Certain parts of that Recommendation have been implemented into Union law by Regulation (EU) 2019/1241 of the European Parliament and of the Council (8). It is therefore appropriate that this Regulation ensures full implementation into Union law of that Recommendation in its entirety, noting that, pursuant to Recommendation 19:2014, the Union can propose to NEAFC to remove or amend certain areas where the International Council for the Exploration of the Sea (ICES) advises that in those areas significant adverse impacts on vulnerable marine ecosystems are not considered likely.












(6)


NEAFC has also adopted Recommendations 01:2023 and 04:2023 establishing closed areas for redfish in the Irminger Sea and for Rockall haddock. Those Recommendations should be implemented into Union law.












(7)


For certain fisheries, NEAFC has not been in a position to adopt relevant recommendations. Nevertheless, conservation measures should be adopted in line with the Union positions expressed in NEAFC to ensure conservation benefits for those stocks.












(8)


The last implementation into Union law of control measures adopted by NEAFC was enacted by Regulation (EU) No 1236/2010 of the European Parliament and of the Council (9). Since then, NEAFC has amended some measures that are already in force and adopted new measures that are not yet implemented into Union law. This relates in particular to control measures under the NEAFC Scheme of Control and Enforcement (‘the NEAFC Scheme’).












(9)


The NEAFC Scheme is a recommendation establishing control and enforcement measures applicable to vessels flying the flag of Contracting Parties and operating in the waters of the Convention Area which lie beyond the waters under the fisheries jurisdiction of Contracting Parties (‘the Regulatory Area’), arrangements for inspection and surveillance procedures at sea in the Regulatory Area, and procedures in the event of infringement which must be implemented by the Contracting Parties. It includes certain control measures applicable to the Convention Area, covering waters under the jurisdiction of the Contracting Parties, such as requirements on labelling for frozen fish. The NEAFC Scheme also provides for a port State control system applicable to fishing vessels of the Contracting Parties carrying on board fishery resources from the Convention Area and intending to call at ports of another Contracting Party. That system requires a prior notification from the operator, to be verified by the flag Contracting Party, before the port State grants the authorisation to land, tranship or make use of other port services.












(10)


NEAFC Recommendation 19:2019 introduced an electronic reporting system (ERS) for the communication of data between the Contracting Parties and the NEAFC Secretariat based on the FLUX UN/CEFACT standard for sustainable fisheries management. The introduction of that standard is associated with the entry into force of a new NEAFC Scheme of Control and Enforcement. It is necessary to implement that Recommendation into Union law.












(11)


In 2022, the Union, the Faroe Islands, Greenland, Iceland, Norway and the United Kingdom held consultations on control measures for certain pelagic fisheries in the North-East Atlantic. Those consultations were concluded in November 2022, on the basis of the Union position endorsed by the Council on 14 October 2022. The measures agreed in those consultations should be implemented into Union law. In accordance with the agreement of the Parties to those fisheries consultations, the application of certain measures should be deferred in order to provide sufficient time for implementation. Those measures will fully achieve their objectives only if all parties to relevant fisheries consultations fully commit to the principles of sustainable management of fish stocks and mutual cooperation and refrain from adopting unilateral fisheries measures.












(12)


In landing and processing facilities where more than 3 000 tonnes of certain pelagic stocks are weighed per calendar year and where landings above 10 tonnes of those stocks occur, thus excluding small-scale coastal and artisanal fishing, only landings and weighing of landings above 10 tonnes should be monitored through camera and sensor technologies. All landings should be counted to determine the threshold of 3 000 tonnes. The Member States should make publicly available the list of ports that meet those conditions. The Commission should be empowered to adjust those thresholds and the methods for calculating them if adjustments and precisions are made to these aspects in future agreements reached between coastal States or within the framework of NEAFC.












(13)


The implementation of remote surveillance of landings can benefit from support under the European Maritime Fisheries and Aquaculture Fund established by Regulation (EU) 2021/1139 of the European Parliament and of the Council (10).












(14)


Personal data processed in the framework of this Regulation should be treated in accordance with the applicable provisions of Regulations (EU) 2016/679 (11) and (EU) 2018/1725 (12) of the European Parliament and of the Council. In order to ensure the fulfilment of obligations laid down in this Regulation, personal data should be stored for no longer than 5 years after receiving the relevant data. In the event that the personal data in question are needed for the follow-up of complaints, infringements, judicial or administrative procedures, Member States and the Commission should be able to retain certain data until the end of the administrative or judicial proceedings concerned or the time needed for the application of sanctions. Moreover, safeguards in particular against misuse, including accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access should be laid down in accordance with the requirements set out in Regulations (EU) 2016/679 and (EU) 2018/1725.












(15)


In order to swiftly implement into Union law future NEAFC recommendations amending or supplementing those referred to in this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of amending provisions concerning procedures for the notification of contact points, transmission of notifications and authorisations of fishing vessels, communications of transhipments, communications to the NEAFC Secretariat, global reporting of catch and fishing effort, notification of deployments of inspection vessels and aircraft, notifications of infringements, surveillance, and the notification of infringements; requirements for stowage plans, list of regulated resources, vulnerable marine ecosystem (VME) indicator species, coordinates of the existing bottom fishing areas, technical measures applicable in the Regulatory Area; data elements of messages, production logbook, electronic fishing logbook and port of landing reports; data transmission formats, procedures for fisheries monitoring centers to manually validate messages; data elements for the notification of inspector and inspection platforms, surveillance activities and surveillance and sighting reports; inspection report templates, rules on the construction and use of boarding ladders, data elements of the notification of designation of ports; and templates of the port State control forms.












(16)


In order to swiftly implement into Union law future measures endorsed by the Union and other North-East Atlantic coastal States in consultations relating to the control of certain pelagic fisheries, the power to adopt acts in accordance with Article 290 TFEU should also be delegated to the Commission in respect of amending provisions concerning restrictions for pelagic vessels on catch handling and discharge, derogations on the prohibition to use automatic grading equipment and move-on provisions.












(17)


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 of 13 April 2016 on Better Law-Making (13). 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.












(18)


NEAFC conservation and management measures applicable in the Regulatory Area were last implemented into Union law by Council Regulations (EEC) No 1899/85 (14) and (EEC) No 1638/87 (15), as well as and Annex XII to Regulation (EU) 2019/1241. In the interest of clarity, simplification and legal certainty, Regulations (EEC) No 1899/85 and (EEC) No 1638/87 and Article 5, point (h), and Chapter VI of, and Annex XII to, Regulation (EU) 2019/1241 should be deleted and replaced by the provisions of this Regulation.












(19)


For the same reasons, Articles 54b and 54c of Council Regulation (EC) No 1224/2009 (16) containing certain control measures for pelagic fisheries should be deleted and replaced by the provisions of this Regulation.












(20)


NEAFC control measures were last implemented into Union law by Regulation (EU) No 1236/2010. Therefore, that Regulation should be repealed and replaced by this Regulation.












(21)


The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725,





HAVE ADOPTED THIS REGULATION:




TITLE I



GENERAL PROVISIONS



Article 1

Subject matter


1.   This Regulation:






(a)


lays down conservation and management measures and implements into Union law the amendments to the Scheme of Control and Enforcement adopted by the North-East Atlantic Fisheries Commission (‘the NEAFC Scheme’);










(b)


establishes measures for certain pelagic fisheries in the Convention Area and Union waters of the Committee for Eastern Central Atlantic Fisheries (CECAF) area, as specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and the Council (17); and










(c)


amends certain provisions of Regulations (EC) No 1224/2009 and (EU) 2019/1241.






2.   This Regulation applies notwithstanding the obligations set out in existing Regulations in the fisheries sector, in particular Regulation (EU) 2017/2403 of the European Parliament and of the Council (18), Council Regulation (EC) No 1005/2008 (19) and Regulation (EC) No 1224/2009.





TITLE II



NEAFC MEASURES




CHAPTER I



SCOPE AND DEFINITIONS



Article 2

Scope

Title II of this Regulation applies to:






(a)


Union fishing vessels operating in the Regulatory Area under the auspices of NEAFC;










(b)


Union vessels with catches on board from the Convention Area, where specifically referred to; and










(c)


third country vessels with catches on board from the Convention Area in Union waters or ports, where specifically referred to.






Article 3

Definitions

For the purposes of this Regulation, the definitions set out in Article 4 of Regulation (EU) No 1380/2013 and in Article 4 of Regulation (EC) No 1224/2009 apply, unless otherwise provided for in this Regulation. The following definitions also apply:






(1)


‘NEAFC’ means the North-East Atlantic Fisheries Commission;










(2)


‘Convention’ means the Convention on future multilateral cooperation in North-East Atlantic fisheries (20);










(3)


‘Convention Area’ means the areas:






(a)


within those parts of the Atlantic and Arctic Oceans and their dependent seas which lie north of 36o north latitude and between 42o west longitude and 51o east longitude, but excluding:






(i)


the Baltic Sea and the Belts lying to the south and east of lines drawn from Hasenore Head to Gniben Point, from Korshage to Spodsbierg and from Gilbierg Head to the Kullen; and










(ii)


the Mediterranean Sea and its dependent seas as far as the point of intersection of the parallel of 36o north latitude and the meridian of 5o 36′ west longitude;














(b)


within that part of the Atlantic Ocean north of 59o north latitude and between 44o west longitude and 42o west longitude;














(4)


‘Regulatory Area’ means the waters of the Convention Area which lie beyond the waters under the fisheries jurisdiction of Contracting Parties;










(5)


‘Contracting Parties’ means the Contracting Parties to the Convention;










(6)


‘vulnerable marine ecosystems’ or ‘VMEs’ means marine ecosystems identified using the criteria in paragraphs 42 and 43 of the Food and Agricultural Organization (FAO) International Guidelines for the Management of Deep-Sea Fisheries in the High Seas;










(7)


‘regulated resources’ means the fishery resources which are subject to recommendations under the Convention and are listed in Annex I;










(8)


‘VME indicator species’ means the species that signals the occurrence of VMEs, as specified in Annex II;










(9)


‘bottom fishing’ means the use of fishing gear that is likely to contact the seafloor during the normal course of fishing operations;










(10)


‘existing bottom fishing areas’ means the portion of the Regulatory Area where bottom fishing occurred in the period between 1987 to 2007, as defined by the coordinates set out in Annex III;










(11)


‘exploratory bottom fishing’ means all commercial bottom fishing within restricted bottom fishing areas or, if there are significant changes to the conduct and technology of bottom fishing, within existing bottom fishing areas;










(12)


‘fishing activities’ means fishing, including joint fishing operations, fish processing operations, the transhipment or landing of fishery resources or products thereof and any other commercial activity in preparation for, or related to, fishing, including packaging, transporting, refuelling or resupplying;










(13)


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










(14)


‘encounter’ means the catch of VME indicator species above the following threshold levels:






(a)


for a trawl tow and fishing gear other than longlines: the presence of more than 30 kg of live coral and/or 400 kg of live sponge; and










(b)


for a longline set: the presence of VME indicator species on 10 hooks per 1 000 hook segment or per 1 200 m section of long line, whichever is shorter;














(15)


‘VMS’ means a fishing vessel monitoring system providing the competent authorities with data at regular intervals on the position, course and speed of the fishing vessel;










(16)


‘report’ means the standardised information related to fishing activities recorded by electronic means;










(17)


‘NEAFC Secretariat’ means the NEAFC Secretary and other staff appointed by NEAFC in accordance with Article 3(7) of the Convention;










(18)


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










(19)


‘fishery resources’ means the resources of fish, molluscs, crustaceans and including sedentary species, excluding, in so far as they are dealt with by other international agreements, highly migratory species listed in Annex I of the United Nations Convention on the Law of the Sea of 10 December 1982, and anadromous stocks;










(20)


‘message’ means the standardised form in which reports are exchanged between Contracting Parties and the NEAFC Secretariat or between Member States and the Commission;










(21)


‘IMO number’ means a seven-digit number allocated by the International Maritime Organisation (IMO) or any other agency which has been given that authority at the time of construction or when a ship is first included in the IMO registry of ships;










(22)


‘electronic fishing logbook’ means the record by electronic means of fishing activity details recorded by the master of a fishing vessel and transmitted to the flag State from the prior notification of entry into the Regulatory Area until the exit from the Regulatory Area;










(23)


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










(24)


‘prior notification’ means a report on the intention to perform an activity in the future;










(25)


‘fishing trip’ means, with regard to fishing activities in the Regulatory Area, any voyage of a fishing vessel during which fishing activities are conducted from the time of entry into until its exit from the Regulatory Area;










(26)


‘declaration’ means a report of a fishing activity that is taking or has taken place at the time of its recording and transmission;










(27)


‘transhipment operation’ means the direct transfer of any quantity of fishery resources or products thereof retained on board from one fishing vessel to another;










(28)


‘EFCA’ means the European Fisheries Control Agency established by Regulation (EU) 2019/473 of the European Parliament and of the Council (21);










(29)


‘port’ means any place on shore used for landing or for the provision of services in relation to, or in support of, fishing activities, or a place on or close to the shore designated by a Contracting Party for transhipping of fishery resources;










(30)


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










(31)


‘electronic data’ means all documents, reports, messages and forms electronically transmitted and received pursuant to the provisions of the NEAFC Scheme;










(32)


‘closed bottom fishing areas’ means areas closed to bottom fishing for the protection of VMEs in the Regulatory Area, as specified in point 8 of Annex IV;










(33)


‘non-Contracting Party vessel’ means any vessel engaged in fishing activities that is flagged neither in a Contracting Party nor in an active cooperating non-Contracting Party to NEAFC, or any fishing vessel for which there are reasonable grounds for suspecting it to be without nationality;










(34)


‘IUU fishing’ means any illegal, unreported and unregulated fishing activities as defined in Article 2, points (1) to (4), of Regulation (EC) No 1005/2008;










(35)


‘CFR number’ means the unique identification number of the vessel in the Union fishing fleet, irrespective of any national fishing fleet numbers and as referred to in Article 8 of Commission Implementing Regulation (EU) 2017/218 (22).








CHAPTER II



CONSERVATION MEASURES



Article 4

Measures to protect VMEs


1.   It is prohibited to conduct bottom trawling and fishing with static gear, including bottom set gillnets and bottom set longlines, outside the existing bottom fishing areas listed in Annex III. This paragraph does not apply to exploratory bottom fishing activities as set out in Article 5.


2.   It is prohibited to conduct bottom trawling and fishing with static gear, including bottom set gillnets and bottom set longlines, within the areas listed in point 8 of Annex IV.


3.   The master of a Union fishing vessel carrying out bottom fishing shall quantify the catches of VME indicator species. Where the quantity of VME indicator species amounts to an encounter in a fishing operation, the master shall:






(a)


if the encounter is discovered in connection with the hauling of a trawl gear, cease fishing and move out of an area defined as a 2 nautical mile wide band (polygon) on both sides of the track of the trawl haul during which an encounter occurred; the track is defined as the line joining consecutive VMS positions, supplemented by the most precise available positioning information, between the start and the end of the tow, extended by 2 nautical miles at both ends;










(b)


if the encounter is discovered in connection with other bottom fishing gear, cease fishing and move away at least 2 nautical miles from the position that the evidence suggests is closest to the exact encounter location.






4.   The master shall use all available sources of information and report without delay to the flag Member State the details of the incident, including the track or position determined pursuant to paragraph 3, points (a) and (b).


5.   The accuracy of the information reported to the flag Member State shall be the responsibility of the master.


6.   The flag Member State shall send without delay the details of the incident to the Commission, which shall forward this information to the NEAFC Secretariat.


7.   Masters of Union fishing vessels shall comply with temporary closures in the areas identified and communicated by NEAFC following information on encounters with possible VMEs until the NEAFC Secretariat notifies the re-opening of those areas.



Article 5

Exploratory bottom fishing activities


1.   Exploratory bottom fishing activities shall be subject to a prior assessment by the NEAFC Permanent Committee on Management and Science (PECMAS) and the International Council for the Exploration of the Sea (ICES).


2.   Member States whose vessels wish to engage in exploratory bottom fishing shall gather the data necessary for a prior assessment by PECMAS and ICES and submit by electronic means to the Commission the following information for the purpose of evaluating requests for exploratory fishing:






(a)


a harvesting plan, which outlines the target species, proposed dates and areas and the type of bottom fishing gear to be used; area and effort restrictions shall be considered to ensure that fishing occurs on a gradual basis in a limited geographical area;










(b)


a mitigation plan, including measures to prevent significant adverse impact to VMEs that may be encountered during fishing activities;










(c)


a catch monitoring plan, including recording and reporting of all species caught;










(d)


a system for catch recording and reporting allowing for a sufficiently detailed assessment of activity;










(e)


a fine-scale data collection plan on the distribution of intended tows and sets, to the extent practicable on a tow-by-tow and set-by-set basis;










(f)


a data collection plan to facilitate the identification of VMEs in the area where the fishing activities took place;










(g)


plans for the monitoring of bottom fishing, using gear monitoring technology, including cameras, if practicable;










(h)


data from seabed mapping programmes, echosounders and, if practicable, multibeam sounders, and other data relevant to the preliminary assessment of the risk of significant adverse impacts on VMEs; and










(i)


a preliminary assessment of the known and anticipated impacts of the proposed bottom fishing addressing, inter alia:






(i)


a harvesting plan including the type of fishing conducted or contemplated, including vessel and gear types, fishing areas, target and potential by-catch species, fishing effort levels and duration of fishing;










(ii)


best available scientific and technical information on the current state of fishery resources and baseline information on the ecosystems, habitats and communities in the fishing area, against which future changes are to be compared;










(iii)


identification, description and mapping (geographical location and extent) of VMEs known or likely to occur in the fishing area;










(iv)


identification, description and evaluation of the occurrence, character, scale and duration of likely impacts, including cumulative impacts of the proposed fishery on VMEs in the fishing area;










(v)


data and methods used to identify, describe and assess the impacts of the activity, the identification of gaps in knowledge and an evaluation of uncertainties in the information presented in the assessment;










(vi)


risk assessment of likely impacts caused by fishing operations to determine which impacts on VMEs are likely to have or imply significant adverse impacts; and










(vii)


information contained in the mitigation plan concerning mitigation and management measures to be used to prevent significant adverse impacts on VMEs and the measures to be used to monitor the effects of fishing operations.










3.   The flag Member State shall:






(a)


send the request for prior assessment of exploratory bottom fishing activities and the accompanying information to the Commission at least seven months prior to the proposed start of the fishing;










(b)


ensure that its fishing vessels participating in exploratory bottom fishing have a scientific observer on board, who shall:






(i)


monitor any set for evidence of presence of VMEs and identify coral, sponges and other organisms to the lowest taxonomical level possible;










(ii)


record on data sheets the following information for identification of VMEs: vessel name, gear type, date, position (latitude/longitude), depth, species code, trip number, set number and that observer’s name; and










(iii)


collect, if required, representative samples from the entire catch and provide the samples to the relevant scientific body of the flag Member State;














(c)


authorise the start of the exploratory bottom fishing only after the activities have been approved by NEAFC; and










(d)


provide a report of the results, including relevant scientific data, of the exploratory bottom fishing activities to ICES and the Commission, which shall forward it to the NEAFC Secretariat.






4.   The Commission shall forward the request and the accompanying information to the NEAFC Secretariat without delay.


5.   Masters of Union fishing vessels shall:






(a)


commence the exploratory bottom fishing only after the activity has been approved by NEAFC and authorised by the flag Member State; and










(b)


have a scientific observer on board during the exploratory bottom fishing activities.







Article 6

Other technical and conservation measures in the Regulatory Area

The technical measures and other conservation measures applicable in the Regulatory Area are set out in points 1 to 7 of Annex IV.




CHAPTER III



CONTROL AND ENFORCEMENT MEASURES




SECTION 1




General provisions




Article 7

Designation of contact points


1.   Member States shall designate contact points for receiving surveillance and inspection reports and data in accordance with Articles 17, 22 and 23, Article 33(4) and Article 35(1), and a contact point for receiving notifications and issuing authorisations in accordance with Articles 28 and 29.


2.   The designation of contact points shall include, as appropriate, the telephone number, email address, fax number and, where the NEAFC Scheme provides for the use of an online application on the NEAFC website, the name, organisation, job title, role within the organisation and individual email address.


3.   Member States shall inform the Commission of their designated contact points referred to in paragraph 1 and any subsequent changes to the information referred to in paragraph 2 no later than 15 days before those changes are applicable. The Commission shall promptly transmit the information to the NEAFC Secretariat.


4.   Member States shall ensure that the designated contact points for receiving notifications and issuing authorisations in accordance with Articles 28 and 29 are available 24 hours a day, 7 days a week.





SECTION 2




Control measures




Article 8

Control of notified and authorised Union fishing vessels


1.   Member States shall send by electronic means to the Commission the information of all fishing vessels flying their flag and registered in the Union which they intend to authorise to conduct fishing activities in the Regulatory Area. That information shall be sent by 15 December each year for the following year or in any event before the vessel’s entry into the Regulatory Area.


2.   The information referred to in paragraph 1 and any changes thereto shall include the relevant data for notification, authorisation, withdrawal, limitation or suspension messages set out in Annex V.


3.   The Commission shall promptly forward the information referred to in paragraph 1 to the NEAFC Secretariat.


4.   Union fishing vessels shall not conduct fishing activities in the Regulatory Area under the remit of the Convention unless they are listed as NEAFC notified vessels and, in the case of fishing activities conducted on regulated resources, as vessels authorised to fish for those regulated resources.


5.   A flag Member States shall:






(a)


authorise fishing vessels flying its flag for fishing activities only where it is able to exercise effectively its flag State responsibilities in respect of such vessels;










(b)


ensure that only authorised fishing vessels flying its flag conduct fishing activities on regulated resources;










(c)


ensure that notified and authorised fishing vessels flying its flag comply with applicable recommendations adopted by NEAFC and with this Regulation; and










(d)


undertake to manage the number of authorised fishing vessels and their fishing effort commensurate to the fishing opportunities available to that Member State.






6.   The following information on the lists of fishing vessels notified and authorised to fish in the Regulatory Area may be made publicly available on the NEAFC website:






(a)


vessel name;










(b)


IMO number or, if not applicable, other unique vessel identifier;










(c)


flag State;










(d)


external registration number (where available);










(e)


international radio call sign;










(f)


vessel type (where available);










(g)


vessel tonnage;










(h)


vessel length;










(i)


vessel engine power; and










(j)


authorised regulated resources, as well as start date and end date of the authorisation.






7.   Unless otherwise provided for, Union research vessels carrying out scientific research on fishery resources in the Regulatory Area shall not be bound by conservation and control measures pertaining to fishing in the Regulatory Area.
The first subparagraph of this paragraph shall not apply to research vessels marketing all or part of the catch obtained during research activities in the Regulatory Area. Such vessels shall be notified in accordance with paragraph 1 and shall comply with the obligations on recording and reporting requirements applicable to Union fishing vessels.



Article 9

Vessel requirements


1.   Union fishing vessels shall be marked in such a way that they can be readily identified in accordance with Article 6 of Commission Implementing Regulation (EU) No 404/2011 (23).


2.   In addition to the requirements established in Article 7(1) of Implementing Regulation (EU) No 404/2011, Union fishing vessels shall carry on board documents issued by the appropriate certifying authority of the flag Member State in which it is registered showing at least the following data elements:






(a)


vessel name;










(b)


the letter(s) of the port or district in which it is registered, and the number(s) under which it is registered;










(c)


its international radio call sign;










(d)


IMO number if subject to IMO Resolution A.1078(28) or, if not applicable, other unique vessel identifier;










(e)


the names and addresses of the owner and, where relevant, the charterer;










(f)


vessel length; and










(g)


engine power, in kW/horsepower.






3.   The documents referred to in Article 7(2) and (3) of Implementing Regulation (EU) No 404/2011 shall be checked at regular intervals by the competent authority of the flag Member State.



Article 10

Marking of gear


1.   Fishing gear used by Union fishing vessels in the Regulatory Area shall be marked in accordance with Articles 8 to 17 of Implementing Regulation (EU) No 404/2011 and generally accepted international standards, in particular the Convention on Conduct of Fishing Operations in the North Atlantic, signed in London on 1 June 1967.


2.   It shall be prohibited to deploy fishing gear that is not marked, if marking is required, or if the marking does not meet the requirements referred to in paragraph 1. NEAFC fisheries inspectors may remove and dispose of fishing gear with non-compliant marking, as well as fish that are found in the gear.



Article 11

Waste from fishing vessels and retrieval of lost gear


1.   Masters of Union fishing vessels are prohibited from deliberately abandoning or discarding fishing gear and from discharging waste from ships as defined in Directive (EU) 2019/883 of the European Parliament and of the Council (24) into the sea, in accordance with MARPOL Annex V on Regulations for the Prevention of Pollution by Garbage from Ships.


2.   Any deliberate abandonment or discarding of fishing gear, and any discharge of waste from ships as referred to in paragraph 1 shall be the responsibility of the master.


3.   Union fishing vessels shall notify the competent authorities of their flag Member State within 24 hours about the required information referred to in Article 14(7) and Article 48 of Regulation (EC) No 1224/2009 in those cases where the lost gear cannot be retrieved:






(a)


the call sign of the vessel;










(b)


the quantity of lost gear; and










(c)


if the vessel has tried to retrieve the gear or not.






4.   The Member State shall without delay notify the information referred to in paragraph 2 of this Article and in Article 48 of Regulation (EC) No 1224/2009 to the Commission, which shall transmit it to the NEAFC Secretariat.


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



Article 12

Labelling of frozen fish

When frozen, all fish caught in the Convention Area shall be identified with a clearly legible label or stamp. The label or stamp shall be placed at the time of stowage on each box or block of frozen fish and shall indicate the 3-alpha FAO code of the species, production date in numerals, the ICES subarea and division where the catch was taken and the name of the vessel which caught the fish.




SECTION 3




Monitoring of fisheries




Article 13

Recording of catch and fishing effort


1.   Masters of Union fishing vessels engaged in fishing activities in the Regulatory Area shall keep an electronic fishing logbook.


2.   The electronic fishing logbook data transmitted by the master and stored at the FMC shall be considered to be official data. Those data and any changes thereof shall be notified to the NEAFC Secretariat by the FMC without delay.


3.   Masters of Union fishing vessels engaged in fishing activities which process or freeze their catch shall in addition:






(a)


record their cumulative production by species and product form in a production logbook in accordance with Annex VI; and










(b)


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






(i)


processed catches shall be stowed and marked in such a way that the same species, product categories and quantities can be identified when stowed in different parts in the hold;










(ii)


the stowage plan shall show the location of the products in the holds as well as the quantities of the products on board stated in kilogrammes and be updated every day for the preceding day reckoned from 00:00 hours until 24:00 hours Coordinated Universal Time (UTC); and










(iii)


the list of codes of product form, type of packing, type of container and type of processing shall be in accordance with Annex VII.










4.   Union fishing vessels with frozen catch on board of fishery resources caught in the Convention Area by more than one fishing vessel may stow the fish from each vessel in more than one part of the hold, provided that the fish from each donor vessel is clearly separate (for example by plastic, plywood, netting etc.) from fish caught by other fishing vessels. All catches taken inside the Convention Area shall be stowed separately from all catches taken outside that area.


5.   The recordings in the electronic fishing logbook shall be available for inspectors on board the fishing vessel for a period of at least 12 months.


6.   All recorded date and time elements shall be indicated in UTC time. Coordinates shall be reported in decimal degrees to three decimal places using the WGS84 coordinate reference system.


7.   The master of the fishing vessel shall be responsible for ensuring that the quantities recorded in accordance with this Article correspond accurately to the quantities kept on board.



Article 14

Communication of fishing activities


1.   Masters of Union fishing vessels shall:






(a)


transmit the electronic fishing logbook data by electronic means to their FMC, including at a minimum the data set out in Annex VIII including all catches when the vessel engaged in fishing activities for fishery resources;










(b)


send a prior notification of entry before entering the Regulatory Area no earlier than 12 hours and no later than two hours in advance of each entry into the Regulatory Area, indicating the start of the fishing trip and including the information on catch retained on board prior to entering the Regulatory Area;










(c)


transmit a correction report for the prior notification of entry before entering the Regulatory Area to update the information on catch retained on board, date and time and position at the time of the transmission, if the fishing vessel has engaged in fishing activities after sending the prior notification of entry and before entering the Regulatory Area;










(d)


record daily all data for all fishing operations in the electronic fishing logbook and submit a fishing operation declaration to the FMC at least daily and no later than 23:59 UTC; on days where no fishing operations have been conducted or no catches have been taken, a nil report shall be transmitted; data for fishing operations may be reported per haul or as daily information; each transmission of the electronic fishing logbook shall include information on the catch that has been taken in the Regulatory Area since the last communication of catches;










(e)


record and transmit a separate report for each gear, if the fishing vessel used more than one type of gear on the same day;










(f)


record all fishing operations within the Regulatory Area in the electronic fishing logbook and transmit the data to the FMC before exiting the Regulatory Area or on receipt of a notification of inspection in the Regulatory Area;










(g)


transmit to the FMC a prior notification of exit before exiting the Regulatory Area no earlier than eight hours and no later than two hours in advance of each exit, including the total quantity on board by species; and










(h)


transmit a correction report for the prior notification of exit before leaving the Regulatory Area to update the information on catch on board, date and time and exit position if the fishing vessel has engaged in fishing activities after sending the prior notification of exit report and before exiting the Regulatory Area; in addition, the master shall record those fishing activities in the electronic fishing logbook and transmit the information to the FMC before submitting the correction to the prior notification of exit.






2.   Masters of Union fishing vessels shall not:






(a)


cancel a prior notification of entry report after entering the Regulatory Area;










(b)


cancel a prior notification of exit report after leaving the Regulatory Area;










(c)


cancel a prior notification more than once;










(d)


send a new prior notification outside the time limits given in paragraph 1, points (b) and (g); and










(e)


correct data recorded in the electronic fishing logbook after 12:00 UTC of the day after the reported fishing operations were finalised, or after leaving the Regulatory Area.






3.   The FMC may accept corrections outside of given time limits in accordance with Article 17(7).


4.   The FMC shall ensure that:






(a)


data recorded in the electronic fishing logbook is corrected only in cases allowed for in this Regulation; and










(b)


all corrections and cancellations are recorded and visible for inspection purposes.






5.   The information on catches referred to in this Article shall be given in kilogrammes live weight.



Article 15

Communication and regulation of transhipments at sea


1.   Masters of Union fishing vessels engaged in transhipment operations at sea of fishery resources caught in the Regulatory Area, regardless of the area where the transhipment at sea takes place, and in transhipment operations that take place within the Regulatory Area of fisheries resources caught outside the Regulatory Area, shall comply with the following conditions:






(a)


communicate to their FMC reports of transhipments, in accordance with the specification and format set out in Annex VIII and by electronic means, which include the quantities on-loaded and off-loaded for each transhipment; the master of a Union donor fishing vessels shall transmit a donor transhipment notification report at least 24 hours in advance of the start of the transhipment; the master of a Union receiver fishing vessel shall make a receiver transhipment declaration report no later than one hour after the end of the transhipment; and the reports shall include the date, time, geographical position of the planned transhipment and total round weight by species to be off-loaded or which have been on-loaded in kilogrammes and the identification of vessels transhipped to or from, respectively;










(b)


transhipment operations may only commence after the authorisations have been given by the flag Member State or Contracting Party of the receiving vessel and, in the case of Union receiver vessels, the flag Member State shall transmit the authorisation to tranship without delay to the NEAFC Secretariat with the Commission and EFCA in copy; and










(c)


without prejudice to Section 5, subsequent to a Union receiver fishing vessel having been involved in a transhipment operation at sea involving fishery resources caught in the Regulatory Area, or in a transhipment operation in the Regulatory Area of fisheries resources caught outside the Regulatory Area, the master of that vessel shall send a port of landing notification report in the format set out in Annex VIII, indicating the total catch onboard, total weight to be landed, the name of port and the date and time of landing, at least 24 hours in advance of the start of any landing, regardless of whether the landing is to take place in a port inside or outside the Convention Area.






2.   The donor transhipment notification report shall not be corrected but it may be cancelled before the commencement of the transhipment operation. If a donor transhipment notification report is cancelled and a new one is sent, the time limits specified in paragraph 1, point (a), shall apply.


3.   The port of landing notification report shall not be corrected but it may be cancelled. If a port of landing notification is cancelled and a new one is sent, the time limits specified in paragraph 1, point (c), shall apply.


4.   The information in the reports referred to in paragraph 1 shall be expressed in kilogrammes live weight.


5.   Masters of Union fishing vessels shall not engage in transhipment or joint fishing operations with vessels of non-Contracting Parties which have not been granted the status of active cooperating non-Contracting Parties.


6.   Masters of Union fishing vessels engaged in transhipment operations which on-load quantities on board shall not engage in any other fishing activity, including joint fishing operations, during the same trip.



Article 16

Vessel monitoring system


1.   Member States shall:






(a)


establish and operate an FMC in accordance with Articles 9 and 9a of Regulation (EC) No 1224/2009 and provide for back-up and recovery procedures in case of system failures;










(b)


implement a VMS for its fishing vessels which conduct fishing activities, or plan to conduct fishing activities, in the Regulatory Area;










(c)


require their fishing vessels conducting fishing activities in the Regulatory Area to be equipped with an autonomous system able to automatically transmit messages to the FMC, allowing a continuous tracking of the position of the fishing vessel;










(d)


ensure that the autonomous system enables a fishing vessel to communicate by satellite to the FMC reports including the following information:






(i)


the vessel identification;










(ii)


the most recent geographical position of the vessel (longitude, latitude) with a position error which shall be less than 500 m, with a confidence interval of 99 %;










(iii)


the date and time of the fixing of the position of the vessel referred to in point (ii); and










(iv)


the speed and course at the time of fixing of the position of the vessel referred to in point (ii).














(e)


transmit to the NEAFC Secretariat the position reports as soon as they are received for vessels flying their flag upon entering into or exiting from the Regulatory Area and at least once every hour when operating in the Regulatory Area;










(f)


cooperate with the Commission, EFCA and the NEAFC Secretariat in order to maintain a database delimiting the Regulatory Area suitable for importing coordinates directly into a Geographic Information System. Changes to those coordinates shall be notified to the NEAFC Secretariat without delay in a computer-readable form in accordance with the procedures described in Annex IX with the Commission and EFCA in copy. The coordinates shall be without prejudice to each Member State’s position concerning the delimitation of sea areas under their sovereignty and jurisdiction;










(g)


ensure that the VMS data received from its fishing vessels are recorded in a computer-readable form and stored for at least 3 years; and










(h)


in respect of bottom fishing in the Regulatory Area:










(i)


implement an automatic system able to monitor and detect possible bottom fishing in areas outside the existing bottom fishing areas, and possible fishing inside closed bottom fishing areas; and










(ii)


ensure that delimitations of closed bottom fishing areas are installed and up to date in their VMS.






2.   Masters of Union fishing vessels shall ensure that the satellite tracking devices are fully operational at all times and that the information in paragraph 1 is transmitted to the FMC. In the event of a technical failure or non-operation of the satellite tracking device fitted on board a fishing vessel, the device shall be repaired or replaced within one month of that event. After that period, it shall be prohibited to commence a fishing trip with a defective satellite tracking device. Where a device stops functioning and a fishing trip lasts more than one month, the repair or the replacement shall take place as soon as the vessel enters a port, and the fishing vessel shall not be authorised to continue or commence a fishing trip without the satellite tracking device having been repaired or replaced.


3.   The master of a fishing vessel with a defective VMS tracking device shall communicate, at least every four hours, reports containing the information listed in paragraph 1, point (d), to the FMC in accordance with the format set out in Annex X.



Article 17

Communication to the NEAFC Secretariat


1.   Member States shall use an electronic reporting system to transmit without delay the reports and information to the NEAFC Secretariat with the Commission and EFCA in copy, implementing:






(a)


the Fishing Activity Domain XML Schema Definition based on the UN/FLUX P1000-3 standard compliant with the FLUX Fishing Activities Implementation Document adopted by NEAFC and notified by the Commission, to exchange fishing logbook data, prior notification data, transhipment declaration data, and landing declaration data referred to in Articles 14 and 15;










(b)


the Vessel Position Domain XML Schema Definition based on the UN/FLUX P1000-7 standard compliant with the FLUX Vessel Position Implementation Document adopted by NEAFC and notified by the Commission, to report VMS data referred to in Article 16; and










(c)


data exchange formats and data communication systems compliant with the rules set out in Annex XI.






2.   In the event of technical malfunction, reports shall be transmitted to the NEAFC Secretariat within 24 hours of receipt or as otherwise agreed with the NEAFC Secretariat, in accordance with the technical specifications in the Business Continuity Guidelines in the NEAFC Information Security Management System.


3.   Masters of Union fishing vessels shall fulfil the reporting requirements set out in Articles 14 and 15 and Article 16(2) and (3). Fishing activity reports referred to in Articles 14 and 15 shall only be considered to be accepted if a positive acknowledgment from the NEAFC Secretariat is received. The flag Member State FMC shall without delay inform the master of the fishing vessel of the status of the report received by the NEAFC Secretariat.


4.   The master of a Union fishing vessel who has not received a positive acknowledgment on a fishing activity report from the NEAFC Secretariat shall immediately make appropriate amendments and resubmit the fishing activity report to the flag Member State FMC. If the master still does not receive a positive acknowledgment, or if it is no longer possible to amend or resubmit fishing activity reports due to time limits, the master shall contact the flag Member State FMC to receive the necessary guidance on follow-up procedures, to ensure that the data referred to in Articles 14 and 15 are submitted.


5.   In the event of equipment failures or transmission failures preventing the correct submission of fishing activity reports, the master of a Union fishing vessel shall immediately notify the flag Member State FMC about problems influencing the data exchanges and, where appropriate, inform the flag Member State FMC of any actions taken to resolve the failure. The FMC shall communicate the necessary follow-up procedures to the master to ensure that the data referred to in Articles 14 and 15 are submitted, if necessary, by using alternative means.


6.   Union fishing vessels shall be equipped with an electronic recording and reporting system on board, fully operational at all times. In the event of a technical malfunction of the electronic recording and reporting system on board a Union fishing vessel:






(a)


the system shall be repaired or replaced within one month and as soon as the fishing vessel enters a port, whichever is the earlier; and










(b)


the fishing vessel shall not be authorised to leave port to commence fishing without the system having been repaired or replaced.






7.   The FMC may, as a fall-back procedure and after individual evaluation and validation, accept reports outside of time limits or correct or manually create reports. In all these cases, the FMC shall use the FMC marking set out in Annex XII when communicating reports and information to the NEAFC Secretariat. The FMC marking shall be part of the agreed fallback procedures and shall be used in situations where the master of the vessel is not able to comply with the reporting requirements, either due to technical problems on board the vessel or communication problems between the vessel and its FMC. The FMC marking may also be used in situations where communication problems between the FMC and the NEAFC Secretariat delay the data exchanges. The FMC marking will indicate that the FMC has assisted the fishing vessel by handling the report on behalf of the master, after individual evaluation and validation of a report.


8.   Member States, EFCA and the Commission may request from the NEAFC Secretariat a return message every time an electronic transmission of a report or message is transmitted in the format specified in Annex XI.


9.   All reports and messages communicated pursuant to Articles 14, 15 and 16 shall be treated in a confidential manner.



Article 18

Global reporting of catch and fishing effort


1.   In accordance with Article 33(2) of Regulation (EC) No 1224/2009, each Member State shall inform the Commission by computer transmission before the 15th day of each month of the quantities of fishery resources caught by vessels flying its flag during the preceding month in the Regulatory Area, as well as in areas under the national fisheries jurisdiction of third countries and in Union waters of the Convention Area.


2.   The Commission shall compile the data referred to in paragraph 1 for all Member States and forward to the NEAFC Secretariat the Union’s provisional monthly statistics of catches in accordance with the requirements approved by NEAFC.





SECTION 4




Joint inspection and surveillance




Article 19

General provisions for inspections and surveillance


1.   EFCA shall coordinate the inspection and surveillance activities for the Union under the scope of the NEAFC Scheme, including the activities under the port State control measures referred to in Section 5. It may draw up, in consultation with the Member States concerned and the Commission, a joint deployment plan referred to in Article 2 of Regulation (EU) 2019/473 for the Union’s participation in the NEAFC Scheme for the following year.


2.   The Member States whose fishing vessels are engaged in fishing activities in the Regulatory Area shall adopt the necessary measures to facilitate the implementation of the NEAFC Scheme, particularly with regard to the human and material resources required and the periods and zones in which those resources are to be deployed.


3.   If at any time more than 10 Union fishing vessels are engaged in fishing activities carried out in respect of regulated resources in the Regulatory Area, EFCA and the Member States concerned shall ensure that an inspection vessel is present during that time in the Regulatory Area, or that an agreement has been concluded with another Contracting Party to cooperate and jointly operate an inspection vessel.


4.   Member States and EFCA shall ensure that the inspections are carried out in a non-discriminatory manner and in accordance with the NEAFC Scheme. The number of inspections shall be based on fleet size and by taking into account the time spent in the Regulatory Area. In the carrying out of those inspections, the equal treatment of all Contracting Parties with fishing vessels operating in the Regulatory Area shall be ensured.



Article 20

NEAFC inspectors


1.   Member States whose fishing vessels are authorised to fish in the Regulatory Area shall assign inspectors to the NEAFC Scheme to carry out inspection and surveillance activities (‘NEAFC inspectors’).


2.   Member State shall issue a special identity document to each NEAFC inspector in accordance with the format set out in Annex XIII.


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


4.   NEAFC inspectors shall avoid the use of force except in the case of legitimate self-defence. When carrying out inspections on board fishing vessels, NEAFC inspectors shall not carry firearms.


5.   NEAFC inspectors shall avoid causing any inconvenience to the fishing vessel or interfering with its activities and the catch retained on board, except when and to the extent necessary to carry out their duties.


6.   Member States shall ensure that NEAFC inspectors from another Contracting Party are permitted to carry out inspections on board fishing vessels flying their flag.



Article 21

Means of control and inspection


1.   Member States shall make available to their NEAFC inspectors adequate means to enable them to carry out their surveillance and inspection tasks and assign inspection vessels and aircraft to the NEAFC Scheme.


2.   By 1 December each year, Member States shall notify EFCA of the following information:






(a)


the names and unique numbers of the NEAFC inspectors, including their email address; and










(b)


the inspection vessels, as well as the types of aircraft and their identification details (registration number, name, radio call sign and email addresses) assigned to the NEAFC Scheme during that year.






3.   By 1 January each year, EFCA shall compile and send the information referred to in paragraph 2 to the NEAFC Secretariat with the Commission in copy.


4.   Member States shall notify any changes in the information referred to in paragraph 2 to EFCA, which in turn shall notify the NEAFC Secretariat with the Commission in copy.


5.   The information referred to in paragraphs 2 and 4 shall be provided by electronic means in accordance with the formats set out in Annex XIV.


6.   Inspection vessels assigned to the NEAFC Scheme and carrying NEAFC inspectors, as well as the boarding craft deployed by that vessel, shall display the NEAFC inspection signal illustrated in Annex XV. Aircraft assigned to the NEAFC Scheme shall have their international radio call sign clearly displayed.


7.   Member States and EFCA shall notify the deployment of their inspection vessels and aircraft assigned to the NEAFC Scheme to the NEAFC Secretariat through the secure part of the NEAFC website or as set out in Annex XVI.


8.   Member States shall notify the deployment of their inspection vessels and aircraft assigned to the NEAFC Scheme to EFCA, which shall coordinate all Union deployments and keep a record of the date and hour of the start and termination of duties of those inspection vessels and aircraft.



Article 22

Surveillance procedures


1.   Surveillance shall be based on sightings carried out by NEAFC inspectors visually or by other means of surveillance from a vessel or aircraft assigned to the NEAFC Scheme.


2.   NEAFC inspectors shall complete the surveillance report and submit a copy to EFCA.


3.   The inspecting Member State or EFCA shall forward without delay the data from each surveillance report by electronic transmission in a sighting report with a format in accordance with Annex XVII to the flag Member State or Contracting Party of the fishing vessel concerned and to the NEAFC Secretariat. A Member State shall forward those data with EFCA in copy. Any images captured during the surveillance shall be forwarded on request to the flag Member State or Contracting Party of the fishing vessel concerned.



Article 23

Inspection procedures at sea


1.   NEAFC inspectors shall not board any fishing vessel without transmitting prior notice by radio to that vessel or without giving that vessel the appropriate signal using the International Code of Signals, including the identity of the inspection platform. However, it shall not be necessary for such notice to be acknowledged as received.


2.   NEAFC inspectors shall have the authority to examine all relevant areas, decks and rooms of the fishing vessel, catch (whether processed or not), nets or other gear, equipment and any relevant documents they deem necessary to verify compliance with the conservation and management measures adopted by NEAFC and to question the master or a person designated by the master.


3.   The fishing vessel to be boarded shall not be required to stop or manoeuvre when fishing, shooting or hauling. The NEAFC inspectors may order that the hauling of the fishing gear be interrupted or delayed until they have boarded the fishing vessel provided that such order is transmitted within 30 minutes after the fishing vessel has received the prior notice referred to in paragraph 1.


4.   NEAFC inspectors may instruct a fishing vessel to delay its entry into or exit from the Regulatory Area for up to 6 hours from the time of transmission by the fishing vessel of the reports referred to in Article 14(1), points (b) and (g).


5.   The duration of an inspection shall not exceed 4 hours, or the time it takes to haul in the net and to inspect the net and the catch, whichever is longer. However, where an infringement is reported, the NEAFC inspectors may stay on board for the time necessary for the completion of measures provided for in Article 34(1), point (b).


6.   In special circumstances relating to the size of a fishing vessel and the quantities of fish retained on board, the duration of the inspection may exceed the limits laid down in paragraph 5. In such a situation, NEAFC inspectors shall under no circumstances stay on board the fishing vessel for longer than the time required to complete the inspection. The reasons for exceeding the limit stipulated in paragraph 5 shall be recorded in the inspection report.


7.   No more than four NEAFC inspectors shall board a fishing vessel of another Contracting Party.


8.   In carrying out their inspection, the NEAFC inspectors may request the master to provide any assistance which is required.


9.   NEAFC inspectors shall not interfere with the master’s ability to communicate with the authorities of the flag State during the boarding and inspection.


10.   Inspection platforms shall manoeuvre at a safe distance from the fishing vessels in accordance with good seamanship.


11.   NEAFC inspectors shall document each inspection by completing an inspection report in the format established in Annex XVIII. The inspection report may be commented upon by the master and shall be signed by the NEAFC inspectors at the end of the inspection. NEAFC inspectors shall provide the master of the fishing vessel with a copy of the inspection report.


12.   NEAFC inspectors shall transmit without delay a copy of each inspection report to EFCA and shall promptly upload the information of the inspection report into the secure part of the NEAFC website. The original or a certified copy of each inspection report shall be forwarded on request to the flag Member State or Contracting Party of the inspected vessel.



Article 24

Obligations of the master of a Union fishing vessel during an inspection at sea

The master of a Union fishing vessel shall:






(a)


permit the inspection by duly notified NEAFC inspectors regardless of the Contracting Party that notified the inspectors;










(b)


facilitate prompt and safe boarding and disembarkation of NEAFC inspectors by providing a boarding ladder constructed and used as described in Annex XIX;










(c)


if a mechanical hoist is provided, ensure that its ancillary equipment is of a type approved by the competent authorities; it shall be of such design and construction as to ensure that the inspectors can be embarked and disembarked in a safe manner including a safe access from the hoist to the deck and vice versa; a boarding ladder complying with Annex XIX shall be kept on deck adjacent to the hoist and available for immediate use;










(d)


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










(e)


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










(f)


provide access to any areas, decks and rooms of the fishing vessel, catch (whether processed or not), nets or other gear, equipment and any information or documents which the inspector deems necessary in accordance with Article 23(2);










(g)


provide copies of documents as required by the NEAFC inspectors; and










(h)


provide the NEAFC inspectors with reasonable facilities, including, where appropriate, food and accommodation when they remain on board the vessel in accordance with Article 37(3).








SECTION 5




Port State control of Contracting Parties’ third country fishing vessels




Article 25

Scope

This Section applies to the use of ports of Member States by fishing vessels carrying on board fishery resources that have been caught in the Convention Area by fishing vessels flying the flag of another Contracting Party and that have not been previously landed or transhipped at a port. It also applies to masters of Union fishing vessels or their representative intending to call at a port of another Contracting Party carrying on board fisheries resources that have been caught in the Convention Area and that have not been previously landed or transhipped at a port.


Article 26

Application of the FAO Agreement on Port State Measures


1.   The provisions of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (25) (‘the FAO PSMA’) shall apply mutatis mutandis as a minimum standard for the port State control of fishing vessels referred to in Article 25, without prejudice to additional provisions contained in this Section.


2.   Member States shall cooperate in the effective implementation of the FAO PSMA and in the exchange of information relevant to the implementation of the NEAFC Scheme.



Article 27

Designated ports


1.   Member States shall designate ports where vessels carrying on board fishery resources that have been caught in the Convention Area by fishing vessels flying the flag of another Contracting Party and that have not been previously landed or transhipped at a port can land, tranship or make use of port services. They shall notify to the Commission the list of such ports. That list shall include the information specified in Annex XX and shall be sent to the Commission at least 15 days before it comes into force.


2.   Any changes to the list shall be sent by the Member States to the Commission at least 15 days before the changes come into force.


3.   The Commission shall notify the NEAFC Secretariat of those ports and of any changes to the list without delay.


4.   Landing, transhipments and use of port services by fishing vessels referred to in Article 25 shall only be allowed in designated ports.



Article 28

Prior notification of entry into port


1.   Masters of fishing vessels carrying fish referred to in Article 25 intending to call at a Union port or their representatives and masters of Union fishing vessels carrying on board fishery resources caught in the Convention Area and intending to call at a port of another Contracting Party or their representatives shall notify the competent authorities of the port State no later than three working days before the estimated time of arrival. Port Member States may establish another notification period, taking into account, in particular, the type of processing of the fish caught or the distance between the fishing grounds and its ports. In such a case, the port Member State concerned shall without delay inform the Commission, which shall promptly inform the NEAFC Secretariat.


2.   The prior notification referred to in paragraph 1 shall be made through the NEAFC website by filling in the Port State Control (PSC) form provided for in Annex XXI with Part A duly completed as follows:






(a)


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










(b)


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






3.   If the NEAFC website is offline, the prior notification referred to in paragraph 1 shall be sent by email or a fax-based system.


4.   The prior notification referred to in paragraph 1 may be cancelled by the sender by notifying the competent authorities of the port intended to be used by the master no later than 24 hours before the notified estimated time of arrival in that port. Port Member States may establish another notification period for cancellation. In such a case, the port Member State concerned shall without delay inform the Commission, which shall promptly inform the NEAFC Secretariat.


5.   The competent authorities of the port Member State shall forward without delay a copy of the notifications referred to in paragraphs 1 and 4 to the NEAFC Secretariat, to the flag State of the fishing vessel and to the flag State or States of the donor vessels when the fishing vessel has engaged in transhipment operations.



Article 29

Authorisation to land, tranship and for other use of ports


1.   Port Member States shall ensure that, following a notification transmitted pursuant to Article 28, the flag State of the fishing vessel intending to land or tranship or, where the fishing vessel has engaged in transhipment operations outside a port, the flag State or States of the donor vessels complete Part B of the PSC form to confirm or otherwise that:






(a)


the fishing vessel which declared having caught the fish had sufficient quota for the species declared;










(b)


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










(c)


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










(d)


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






2.   The master of the fishing vessel shall not commence the landing or transhipment operations or make use of port services before authorisation has been given by the competent authorities of the port Member State by duly completing Part C of the PSC form through the NEAFC website, and the estimated time of arrival reported in the prior notification (PSC1 or PSC2) has expired. Such authorisation shall only be given if the confirmation from the flag State referred to in paragraph 1 has been received. However, landing, transhipment operations and the use of other port services may commence prior to estimated time of arrival with permission from the competent authorities of the port State.


3.   By way of derogation from paragraph 2, the port Member State may authorise all or part of a landing in the absence of the confirmation from the flag State referred to in paragraph 1, subject to the following conditions:






(a)


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










(b)


the fish concerned shall only be released to be sold, taken over or transported once the confirmation referred to in paragraph 1 has been received; and










(c)


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






4.   Landing, transhipment and other use of port services shall not be authorised if the port Member State receives clear evidence that the catch on board was taken in contravention of applicable requirements of a Contracting Party in respect of areas under its national jurisdiction.


5.   The competent authorities of the port Member State shall without delay notify their decision on whether or not an authorisation for landing, transhipment or other use of port services has been granted to the master of the vessel or the representative of the master, to the flag State of the vessel and to the NEAFC Secretariat by completing, where appropriate, Part C of the PSC form.



Article 30

NEAFC port inspectors and officials


1.   Inspections shall be conducted by authorised Member State officials knowledgeable of Recommendations established under the Convention.


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


3.   By 1 December each year, port Member States shall notify EFCA of the following information:






(a)


the names and details of the NEAFC port inspectors authorised to carry out inspections under the scope of Chapter V of the NEAFC Scheme in accordance with the format of Annex XIV;










(b)


the names and details of the officials authorising landings, transhipments and the use of other port services.






4.   By 1 January each year, EFCA shall compile and send the information referred to in paragraph 3 to the NEAFC Secretariat with the Commission in copy.


5.   Member States shall notify any changes in the lists referred to in paragraph 3 to EFCA, which in turn shall forward them without delay to the NEAFC Secretariat with the Commission in copy.



Article 31

Port inspections


1.   In the context of the joint inspection and surveillance scheme under Article 19(1), Member States shall ensure that port inspections of fishing vessels falling under the scope of Article 25 are based on a harmonised risk assessment methodology established in cooperation with, and under the coordination of, EFCA, taking into consideration the general guidelines outlined in Annex XXII.


2.   For risk assessment and, where appropriate, inspection, following a prior notification referred to in Article 28, Member States shall ensure that NEAFC port inspectors shall assess the electronic fishing logbook and VMS data regarding all fishing activities inside the Regulatory Area sent by the vessel concerned to the NEAFC Secretariat for a period of one year prior to the planned landing. In the case of transhipment, the data of the donor vessels shall also be assessed.


3.   For each year, each Member State shall carry out inspections of at least 5 % of landings or transhipments of fresh fish and at least 7,5 % of frozen fish in its ports subject to Article 25. The inspection of a fishing vessel landing or transhipping both fresh and frozen catches shall be counted against the benchmarks for both fresh and frozen fish.


4.   Member States shall ensure that inspections shall be conducted in a fair, transparent and non-discriminatory manner and shall not constitute harassment of operators of any fishing vessel.


5.   Member States shall ensure within the inspection procedures that the inspectors shall:






(a)


carry and present an appropriate identity document to the master of the fishing vessel at the earliest opportunity during an inspection;










(b)


examine all relevant areas of the vessel in order to verify compliance with the relevant conservation and management measures;










(c)


make all possible efforts to avoid delaying a vessel unduly, to ensure that the vessel suffers the minimum interference and inconvenience and to avoid the degradation of the quality of the fish;










(d)


not interfere with the master’s ability to communicate with the authorities of the flag State;










(e)


verify that the vessel identification documentation on board and information relating to the owner of the vessel is true, complete and correct, including through appropriate contacts with the flag State or international records of vessels if necessary;










(f)


verify that the vessel’s flag and markings, including name, external registration number, IMO number, international radio call sign and other markings, and main dimensions, are consistent with the information contained in the documentation;










(g)


verify that the authorisations for fishing and fishing-related activities are true, complete, correct and consistent with the information provided in accordance with Article 28;










(h)


review all other relevant documentation and records held on board, including those in electronic format, and VMS data from the flag State or relevant regional fisheries management organisations; relevant documentation may include logbooks, catch, transhipment and trade documents, crew lists, stowage plans and drawings, descriptions of fish holds, and documents required pursuant to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (26);










(i)


examine all relevant fishing gear on board, including any gear stowed out of sight as well as related devices, and verify that they are in conformity with the conditions of the authorisations; the fishing gear shall also be checked to ensure that features such as the mesh and twine size, devices and attachments, dimensions and configuration of nets, pots, dredges, hook sizes and numbers are in conformity with applicable regulations and that the markings correspond to those authorised for the vessel;










(j)


determine whether the fish on board were harvested in accordance with the applicable authorisations;










(k)


monitor the entire discharge or transhipment and cross-check between the quantities by species recorded in the prior notice of landing and the quantities by species landed or transhipped;










(l)


examine the fish, including by sampling, to determine their quantity and composition; in doing so, inspectors may open containers where the fish have been pre-packed and move the catch or containers to ascertain the integrity of fish holds; such examination may include inspections of product type and determination of nominal weight;










(m)


when the landing or transhipment is completed, verify and note the quantities by species of fish remaining on board;










(n)


evaluate whether there is clear evidence for believing that a vessel has engaged in illegal, unreported or unregulated fishing or fishing-related activities in support of such fishing;










(o)


provide the master of the vessel with the report containing the result of the inspection, including possible measures that could be taken, to be signed by the inspector and the master; the master’s signature on the report shall serve only as acknowledgment of the receipt of a copy of the report; the master shall be given the opportunity to add any comments or objection to the report, and, where 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; and










(p)


arrange, where necessary and possible, for the translation of relevant documentation.






6.   Member States shall facilitate communication with the master or senior crew members of the vessel, including, where possible and where needed, by ensuring that the inspector is accompanied by an interpreter.


7.   This Article shall apply in addition to the rules on inspection procedures set out in Article 10 of Regulation (EC) No 1005/2008.



Article 32

Obligations of operators during port inspections


1.   This Article applies in addition to the general obligations set out in Article 75 of Regulation (EC) No 1224/2009 and Article 113 of Implementing Regulation (EU) No 404/2011.


2.   The master of a fishing vessel which is being inspected or, where relevant, the representative of the master shall comply with the obligations set out in Article 75 of Regulation (EC) No 1224/2009 and Article 114 of Implementing Regulation (EU) No 404/2011 and, where applicable, with the obligations set out in Article 24 of this Regulation.



Article 33

Inspection reports


1.   Each NEAFC port inspection shall be documented by completing a Port State Control inspection report (PSC 3 Form) as set out in Annex XXIII.


2.   The master of a fishing vessel may add comments to the inspection report, which shall be signed by the inspector and the master at the end of the inspection. A copy of the inspection report shall be given to the master of the fishing vessel or the representative of the master.


3.   The authorities of the port Member State shall ensure that a copy of each inspection report is transmitted without delay to the flag State of the inspected fishing vessel, to the flag State or States of donor vessels where the vessel has engaged in transhipment operations, and to the NEAFC Secretariat, with the Commission and EFCA in copy. The original or a certified copy of each inspection report shall be forwarded on request to the flag State of the inspected vessel.


4.   Member States shall designate the competent authorities which are to receive inspection reports in accordance with this Article.





SECTION 6




Infringements




Article 34

Infringement procedures


1.   Where inspectors report an infringement by a fishing vessel relating to any fishing activity and contrary to the conservation and management measures adopted by NEAFC, they shall:






(a)


record the infringement in the report referred to in Article 22(3), Article 23(11) or Article 33(1);










(b)


record the evidence deemed necessary relating to the infringement;










(c)


take all necessary measures to ensure security and continuity of the evidence for subsequent dockside inspection; an identification mark may be affixed securely to any part of the fishing gear which appears to the inspector to be or to have been in contravention of applicable measures; and










(d)


attempt immediately to communicate with the inspecting Member State authorities and EFCA.






2.   The inspecting Member State, or EFCA if the inspection or surveillance is carried out by it, shall communicate in writing and by electronic means the details of the infringement to the designated authority of the flag State of the inspected vessel and to the Commission and EFCA, where possible, within the first working day following the start of the inspection. Where appropriate, the inspecting Member State or EFCA shall also communicate the findings to the Contracting Party in whose waters the infringement took place and to the State of which the vessel’s master is a national.


3.   The inspecting Member State or EFCA shall send without delay the original of the surveillance or inspection report with any supporting documents to the competent authorities of the flag State of the inspected fishing vessel, with copy to the NEAFC Secretariat, the Commission and EFCA.


4.   Where infringement of NEAFC rules is recorded in the report referred to in Article 33(1), the inspecting Member State shall either take appropriate enforcement measures or notify, by email, the designated authorities of the flag Member State or flag Contracting Party of the inspected fishing vessel about the intention to transfer the proceedings. That procedure shall be without prejudice to the jurisdiction of the inspecting Member State, flag Member State or flag Contracting Party to enforce their own law and to the jurisdiction of the flag State regarding fishing activities within the Regulatory Area.



Article 35

Follow-up in the case of an alleged infringement


1.   Member States shall designate the competent authorities which are to receive the evidence of an infringement. The designated competent authorities notified of an infringement committed by a fishing vessel of that Member State shall take prompt action to receive and consider the evidence of the infringement and conduct any further investigation necessary for the follow-up to the infringement and, whenever possible, inspect the fishing vessel concerned.


2.   Member States shall consider and act upon reports from NEAFC inspectors of other Contracting Parties under the NEAFC Scheme on the same basis as reports from their own inspectors. Member States shall cooperate with each other and with other Contracting Parties in order to facilitate judicial or other proceedings arising from a report submitted by an inspector under the NEAFC Scheme.



Article 36

Serious infringements

For the purpose of this Regulation, the following infringements in respect of fishery resources shall be considered to be serious:






(a)


fishing without a valid authorisation issued by the flag State;










(b)


fishing without quota or after its exhaustion;










(c)


use of prohibited fishing gear;










(d)


serious misrecording of catches of regulated resources;










(e)


repeated failure to comply with Articles 14 and 16 or, in respect of regulated resources, Article 15;










(f)


landing or transhipping in a port not designated in accordance with Article 27;










(g)


failure to comply with the requirements established in Article 28(1) to (4);










(h)


landing or transhipping without authorisation of the port State or before the prenotified estimated time of arrival without permission of the port State as referred to in Article 29;










(i)


preventing inspectors from carrying out their duties;










(j)


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










(k)


falsifying or concealing the markings, identity or registration of a fishing vessel;










(l)


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










(m)


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










(n)


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










(o)


supplying any provisions, fuel or other services to vessels that have been placed on the list of vessels carrying out IUU fishing referred to in Article 47(1).






Article 37

Follow-up in the case of serious infringements


1.   If an inspector considers that there are clear grounds for believing that the master or the operator of a fishing vessel has committed a serious infringement, that inspector shall promptly notify that infringement to the competent authorities of the inspecting Member State, the Commission and EFCA. The inspecting Member State or EFCA, in the event that the inspection was carried out by the latter, shall forward the information without delay to the NEAFC Secretariat, the competent authorities of the flag State of the vessel and, where appropriate, to the flag State or States of the donor vessels when the inspected vessel has engaged in transhipment operations.


2.   In order to preserve the evidence of infringement, the inspector shall take all necessary measures to ensure the security and continuity thereof while minimising inconvenience to the vessel and interference with its operations.


3.   In the case of an inspection at sea in the Regulatory Area, the inspector is entitled to remain on board the fishing vessel for the period necessary to provide information to an inspector duly authorised by the flag Contracting Party or until the response of the flag Member State or flag Contracting Party requires the inspector to leave the fishing vessel.



Article 38

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


1.   Flag Member State shall respond to a notification of serious infringement without delay and shall ensure that the Union fishing vessel concerned is inspected within 72 hours by an inspector duly authorised in relation to the infringement.


2.   Following notification of the results of the examination referred to in paragraph 1 of this Article and in Article 37(1), the flag Member State shall, if the evidence so warrants, require the fishing vessel to proceed immediately to a port designated by that flag Member State for a thorough inspection under its authority and in the presence of a NEAFC inspector from any other Contracting Party that wishes to participate.


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


4.   If the fishing vessel is not called to port, the flag Member State shall provide due justification in a timely manner to EFCA and the Commission, which shall forward the information to the inspecting Contracting Party and the NEAFC Secretariat.


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


6.   Flag Member States shall promptly inform the Commission and EFCA of the outcome of the inspection and of the measures that they have adopted as a result of the infringement.



Article 39

Measures to ensure compliance

Member States shall ensure that appropriate measures are systematically taken, including administrative action or criminal proceedings in conformity with their national law, against the natural or legal persons responsible for a breach of the applicable conservation and management measures adopted by NEAFC that are enforceable on them.


Article 40

Reports on surveillance and inspection activities, on infringements and their follow-up and on IUU activities


1.   By 1 February each year, each Member State shall report to EFCA and the Commission the following information:






(a)


the number of inspections it has carried out under Articles 22, 23 and 31, specifying the number of inspections by flag State of the inspected fishing vessel and, in the case of infringement, the date and position of the respective fishing vessel and the nature of infringement;










(b)


the number of hours flown and the number of hours at sea on NEAFC patrols, the number of sightings by flag State of the sighted vessels and the list of individual fishing vessels for which a surveillance report has been completed;










(c)


the number of inspections of non-Contracting Party vessels that it conducted under the NEAFC Scheme at sea or in its ports, the names of the vessels inspected and their respective flag States, the dates of the inspections, the names of any ports where the inspections were conducted and the results of such inspections;










(d)


where fish are landed or transhipped following an inspection pursuant to the NEAFC Scheme, the evidence presented pursuant to Article 46; and










(e)


the status of the proceedings concerning each infringement of the conservation and management measures adopted by NEAFC which were committed during the previous calendar year with those infringements continuing to be listed in each subsequent report until the proceedings are concluded in accordance with the relevant provisions of national law; the report shall indicate the status of the proceedings and in particular whether the case is pending, under appeal or still under investigation, and the report shall furthermore describe in specific terms any sanctions or penalties imposed, stating in particular the amount of fines, the value of forfeited fish or gear, any written warnings given and, if no action has been taken, the reasons therefor.






2.   The information referred to in paragraph 1 shall be provided in conformity with the templates adopted by NEAFC.


3.   EFCA shall compile a Union report on the basis of the reports of the Member States and the information available under the Union joint inspection and surveillance scheme. EFCA shall send the Union report to the Commission by 20 February each year. The Commission shall send the Union report to the NEAFC Secretariat by 1 March each year.





SECTION 7




Measures to promote compliance by non-Contracting Party fishing vessels




Article 41

Scope

This Section applies to non-Contracting Parties’ fishing vessels used or intended for use for fishing activities carried out in respect of fishery resources in the Convention Area.


Article 42

Sightings and identifications of non-Contracting Party fishing vessels


1.   Member States or EFCA shall transmit without delay any information regarding non-Contracting Party vessels sighted or otherwise identified as engaging in fishing activities in the Convention Area to EFCA with the Commission in copy. EFCA shall inform promptly the NEAFC Secretariat and all other Member States of each sighting report it receives.


2.   EFCA or the Member State which sighted the non-Contracting Party fishing vessel shall attempt to inform that vessel without delay that it has been sighted or by other means identified as engaging in fishing activities in the Convention Area and, unless its flag State has been accorded the status of active cooperating non-Contracting Party by NEAFC, is consequently presumed to be undermining the conservation and management measures adopted by NEAFC.


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



Article 43

Inspections at sea


1.   NEAFC inspectors shall request permission to board and inspect non-Contracting Party fishing vessels sighted or otherwise identified by a Contracting Party as engaging in fishing activities in the Convention Area. If the master consents to the boarding and inspection of the vessel, the inspection shall be documented by the completion of an inspection report as set out in Annex XVIII.


2.   NEAFC inspectors shall without delay transmit a copy of the inspection report to the master of the non-Contracting Party fishing vessel, to the Commission and to EFCA. EFCA shall forward the copy promptly to the NEAFC Secretariat. Where the evidence in that report so warrants, a Member State shall take appropriate action in accordance with international law.


3.   If the master does not consent to the boarding and inspection of the vessel or does not fulfil any one of the obligations laid down in Article 24, points (b) to (f), the non-Contracting Party fishing vessel shall be presumed to have engaged in IUU fishing activities. The NEAFC inspector shall inform without delay EFCA and the Commission. The Commission shall promptly inform the NEAFC Secretariat.



Article 44

Entry into port


1.   The masters of a non-Contracting Party fishing vessel intending to call at port shall notify the competent authorities of the port Member State in accordance with Article 28. The port Member State concerned shall forward that information without delay to the flag State of the fishing vessel and to the NEAFC Secretariat with the Commission and EFCA in copy.


2.   The port Member State shall prohibit the entry into its ports of non-Contracting Party fishing vessels that have not given the required prior notice of entry or provided the information referred to in paragraph 1.


3.   The port Member State shall communicate without delay the decision to prohibit the entry into port to the master of the non-Contracting Party fishing vessel or to a representative of the master, to the flag State of the vessel and to the NEAFC Secretariat with the Commission and EFCA in copy.



Article 45

Inspections in port


1.   Member States shall ensure that all non-Contracting Party fishing vessels allowed to enter one of their ports are inspected in accordance with Article 31(4) to (8). The non-Contracting Party fishing vessel shall not be allowed to land or tranship any fish until the inspection is completed. Each inspection shall be documented by the completion of an inspection report as provided for in Article 33.


2.   Where the master of the non-Contracting Party fishing vessel has failed to fulfil any of the obligations laid down in Article 24, points (b) to (f), the vessel shall be presumed to have engaged in IUU activities.


3.   The port Member State shall immediately transmit the information on the results of all inspections of non-Contracting Party fishing vessels conducted in its ports and concerning subsequent action to the NEAFC Secretariat with the Commission and EFCA in copy.



Article 46

Landings, transhipments and use of port


1.   Landings, transhipments or other use of port by non-Contracting Party vessels may only start after authorisation has been given by the competent authorities of the port Member State in accordance with Article 7 of Regulation (EC) No 1005/2008.


2.   When a non-Contracting Party fishing vessel has entered the port, Member States shall deny that vessel landing, transhipping, processing and packaging of fishery resources and other port services, including refuelling, resupplying, maintenance and dry-docking, if:






(a)


the vessel has been inspected pursuant to Article 45 and the inspection reveals that there are species on board which are subject to NEAFC recommendations, unless the master of that fishing vessel provides satisfactory evidence to the competent authorities proving that the fish were caught outside the Regulatory Area or in compliance with all relevant NEAFC recommendations;










(b)


the flag State of that fishing vessel or the flag State or States of donor fishing vessels when the vessel has engaged in transhipment operations do not provide the confirmation in accordance with Article 29;










(c)


the master of that vessel has failed to fulfil any one of the obligations laid down in Article 24, points (b) to (f);










(d)


Member States have received clear evidence that the fishery resources on board were taken in the waters under the jurisdiction of a Contracting Party in contravention of applicable regulations; or










(e)


Member States have sufficient proof that the vessel has otherwise been engaged in IUU fishing activities in the Convention Area or has supported such fishing activities.






3.   In the case of denial pursuant to paragraph 2, Member States shall communicate their decision to the master of the non-Contracting Party fishing vessel or to a representative of the master and to the NEAFC Secretariat with the Commission and EFCA in copy.


4.   Member States shall withdraw their denial of the use of their ports in respect of a non-Contracting Party fishing vessel only if there is sufficient proof that the grounds on which use was denied were inadequate or erroneous or that such grounds no longer exist.


5.   Where a Member State has withdrawn its denial pursuant to paragraph 4, it shall promptly notify those to whom a communication was made pursuant to paragraph 3.



Article 47

Action against vessels appearing in the NEAFC IUU vessel lists


1.   Member States shall ensure that fishing vessels appearing in the NEAFC provisional (‘A’) or confirmed (‘B’) lists of vessels carrying out IUU fishing are:






(a)


inspected in accordance with Article 45 when they enter their ports;










(b)


not authorised to land or tranship in their ports;










(c)


not given assistance in any way or allowed to participate in any transhipment or joint fisheries operations by fishing vessels, support vessels, refuel vessels, mother-ships and cargo vessels flying their flag; and










(d)


not supplied with provisions, fuel or other services.






2.   Paragraph 1, points (b), (c) and (d), shall not apply to vessels appearing on the NEAFC IUU ‘A’ list where a recommendation has been made to NEAFC that the vessels in question should be removed from the ‘A’ list.


3.   Further to the measures referred to in paragraph 1, Member States shall take the following measures regarding vessels appearing on the ‘B’ list:






(a)


prohibit the entry into their ports of such vessels and communicate such prohibition in accordance with Article 44(3);










(b)


prohibit the authorisation of such vessels to fish in waters under their national jurisdiction;










(c)


prohibit the chartering of such vessels;










(d)


refuse the granting of their flag to such vessels;










(e)


prohibit the imports of fish coming from such vessels;










(f)


prohibit importers, transporters and other sectors concerned from transhipping and trading of fishery products caught by such vessels; and










(g)


collect and exchange any appropriate information with other Member States and Contracting Parties other than the Union or cooperating non-Contracting Parties with the aim of detecting, controlling and preventing false import/export certificates regarding fishery products from such vessels.






4.   Paragraph 1, point (d), and paragraph 3, points (a) and (d), shall not apply where Contracting Parties are permitted to supply provisions, fuel or other services or grant their flag to a vessel on the IUU list following a recommendation made to NEAFC based on satisfactory evidence showing that a vessel is destined for scrapping or permanent reassigment for purposes other than fishing activities.







TITLE III



MEASURES APPLICABLE TO CERTAIN PELAGIC FISHERIES




CHAPTER I



GENERAL PROVISIONS



Article 48

Scope

Unless otherwise provided, this Title applies to Union fishing vessels and third country fishing vessels operating in Union waters engaged in fisheries on herring (Clupea harengus), mackerel (Scomber scombrus), horse mackerel (Trachurus spp.) and blue whiting (Micromesistius poutassou) in the following geographical areas:






(a)


the Convention Area; and










(b)


Union waters of CECAF.








CHAPTER II



PELAGIC FISHERIES



Article 49

Catch handling and discharge restrictions on pelagic fishing vessels


1.   The maximum space between bars in the water separator on board pelagic fishing vessels shall be 10 mm. The bars shall be welded in place. If holes are used in the water separator instead of bars, the maximum diameter of the holes shall not exceed 10 mm. Holes in the chutes before the water separator shall not exceed 15 mm in diameter.


2.   The master of a pelagic fishing vessel shall carry on board at all times drawings related to the catch handling and discharge capabilities. The drawings and any modification thereto shall be certified by the competent authorities of the flag Member State. The master shall send a copy of the drawings and any modifications thereto to the competent fisheries authorities of the flag Member State, which shall carry out periodic verifications on the accuracy of the drawings.


3.   Pelagic fishing vessels are prohibited from discharging fish under their water line, including from buffer tanks or refrigerated seawater tanks.


4.   Any discharge points under the waterline shall be sealed. However, the flag Member States may issue a fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009 allowing a discharge point under the waterline not to be sealed, provided that:






(a)


any use of the discharge point can be monitored by the control authorities by remote electronic means; and










(b)


the discharge point and associated electronic monitoring means are described in the certified drawings referred to in paragraph 2.







Article 50

Restrictions on the use of automatic grading equipment


1.   The carrying or use on board a fishing vessel of equipment capable of automatically grading by size herring, mackerel, blue whiting or horse mackerel is prohibited.


2.   By way of derogation from paragraph 1, the carrying on board and use of such equipment is permitted provided that:






(a)


the whole of the catch which may be lawfully retained on board is stored in a frozen state, the graded fish are frozen immediately after grading, processing and packing and no graded fish is returned to the sea except for by-products such as offal or heads, and the equipment is installed and located on the vessel in such a way as to ensure immediate freezing and not to allow the return of marine species to the sea;










(b)


the grading equipment on board the vessel has been removed from a power source and sealed by competent authorities prior to the start of the fishing trip rendering the grading system unable to be used until the competent authorities remove the seals;










(c)


the fishing vessel is equipped with remote electronic monitoring systems on board for the purpose of verifying compliance with the landing obligation; or










(d)


the fishing vessel has an observer on board with the purpose of monitoring compliance with the landing obligation.







Article 51

Move-on provisions

Masters of fishing vessels shall change the fishing area in which they operate from any position of a previous fishing operation in which more than 10 % by live weight of the catches of any of the species referred to in Article 48 consist of catches below the relevant minimum conservation reference sizes.




CHAPTER III



SPECIAL RULES FOR WEIGHING AND PROCESSING FACILITIES



Article 52

Remote surveillance


1.   Port Member States shall ensure surveillance by camera and sensor technologies for landings exceeding 10 tonnes at landing and processing facilities where more than 3 000 tonnes per year, in total, of the species referred to in Article 48 are weighed. For that purpose, Member States shall make publicly available a list of their ports that meet those thresholds and where those requirements are to apply.


2.   The surveillance shall apply to the landing and processing locations and facilities and cover the flow of landed fish until the weighing has been completed. This requirement does not apply during the transportation of landed catches to the processing and weighing facility.


3.   The person responsible for the weighing shall:






(a)


provide the competent authorities with live stream and real-time access to the surveillance data; and










(b)


store the surveillance data for a minimum period of six months and a maximum period of three years and provide the competent authorities with a copy of the stored data on request.






4.   The data obtained in accordance with this Article shall be used solely for fisheries control purposes and shall not be used for the identification of natural persons.






TITLE IV



FINAL PROVISIONS



Article 53

Data management, protection of personal data and confidentiality


1.   Personal data required for the application of Article 7(2), Article 13, Article 14(1), Article 15(1), Article 16(1), point (d), Article 17(3), (4) and (5), Article 20(2), Article 21(2) to (5), (7) and (8), Article 22(2) and (3), Article 23(11) and (12), Article 24, points (f) and (g), Article 27(1) and (2), Article 28(1) and (2), Article 30(3) and (4), Article 31(5), Articles 33 and 34, Article 35(1), Article 37(1), Article 38(1), Article 39, Article 40(1) and (3), Article 42(1), Article 43(1) and (2), Article 45(3), Article 47(1) and (3), Article 49(2) and (4), Article 50(2), points (c) and (d), and Article 52 shall be collected and processed by the authorities of the Member States, EFCA and the Commission for the following purposes:






(a)


complying with the obligations of identifying relevant contact points and carrying out data exchanges of fisheries data in accordance with Articles 7, 8, 13 to 19, 21, 22, 27 to 31, 33, 34, 35, 37 to 40, 42 to 46, 49, 50 and 52;










(b)


monitoring of fishing opportunities including quota uptake in accordance with Article 18;










(c)


validation of data in accordance with Article 17;










(d)


monitoring, control, inspection and surveillance of fishing activities in accordance with Articles 19 to 47; and










(e)


enquiries pertaining to complaints, infringements, and judicial or administrative proceedings, in accordance with Articles 35 to 40 and 42 to 47.






2.   Personal data received in accordance with this Regulation shall not be stored for longer than is necessary for the purpose for which they were collected and, in any event, no longer than five years from the collection, except for personal data that is necessary to allow the follow-up of complaints, infringements and judicial or administrative proceedings, which may be retained until the end of the concerned procedure, administrative or judicial proceedings or the time needed for the application of sanctions. If the information is retained for a longer period, the data shall be anonymised.


3.   The authorities of the Member States shall be regarded as controllers as defined in Article 4, point (7), of Regulation (EU) 2016/679 in relation to the processing of personal data which they collect and transmit pursuant to this Regulation.


4.   The Commission and EFCA shall be each regarded as controllers as defined in Article 3, point (8), of Regulation (EU) 2018/1725 in relation to the processing of personal data which they collect and transmit pursuant to this Regulation.


5.   In addition to the obligations set out in Regulations (EU) 2016/679 and (EU) 2018/1725, the authorities of the Member States, EFCA and the Commission shall each:






(a)


ensure confidential treatment when transmitting and receiving electronic data;










(b)


take the necessary measures to comply with the confidentiality and security provisions set out in Recommendations approved by NEAFC, including appropriate encryption protocols to ensure confidentiality and authenticity;










(c)


where necessary, at the request of the NEAFC Secretariat, rectify or erase electronic reports or messages processed in a manner which does not comply with this Regulation;










(d)


ensure that electronic data is stored and used only for monitoring, control, inspection and enforcement or other purposes specified in this Regulation; and










(e)


ensure that all transmission of electronic data use data communication systems duly tested with the NEAFC Secretariat.






6.   The authorities of the Member States, EFCA and the Commission shall each ensure the security of the processing of personal data in respect of the processing of personal data that takes place for the application of this Regulation, including the processing of personal data by the authorities having a right to access relevant fisheries databases. In particular, they shall adopt the necessary measures, including a business continuity plan and measures to comply with the Guidelines and Terms and Conditions for the Information Security Management System adopted by NEAFC Recommendation 08:2014, in order to:






(a)


physically protect data, including by making contingency plans for the protection of critical infrastructure;










(b)


prevent the unauthorised reading, copying, modification or removal of data media;










(c)


prevent the unauthorised input of data and the unauthorised access, modification or deletion of recorded personal data;










(d)


prevent the unauthorised processing of data and any unauthorised copying, modification or deletion of data;










(e)


ensure that persons authorised to access the relevant fisheries data bases have access only to the data covered by their access authorisation, by means of individual user identities and confidential access modes only;










(f)


ensure that it is possible to verify and establish to which bodies personal data may be transmitted and what data has been processed in the relevant fisheries data bases, when, by whom and for what purpose;










(g)


prevent the unauthorised reading, copying, modification or deletion of personal data during the transmission of personal data to or from the relevant fisheries data bases or during the transport of data media, in particular by means of appropriate encryption techniques; and










(h)


monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation.






7.   The obligations laid down in Article 113 of Regulation (EC) No 1224/2009 shall apply to the data collected and received within the framework of this Regulation.



Article 54

Procedure for amendments


1.   The Commission is empowered to adopt delegated acts in accordance with Article 55 in order to implement measures adopted by NEAFC amending:






(a)


the procedures for the notification of contact points referred to in Article 7(1), (2) and (3);










(b)


the procedures for the transmission of notifications and authorisations of fishing vessels provided for in Article 8(1) and (2);










(c)


the requirements for stowage plans set out in Article 13(3), point (b);










(d)


the procedures for communications of transhipments set out in Article 15(1), (2) and (3);










(e)


the procedures for communications to the NEAFC Secretariat set out in Article 17(1) and (8);










(f)


the procedures for the global reporting of catch and fishing effort provided for in Article 18;










(g)


the procedures for the notification of deployments of inspection vessels and aircraft set out in Article 21(7);










(h)


the surveillance procedure set out in Article 22;










(i)


the procedures for the notification of infringements referred to in Article 34(2) and (3);










(j)


the list of regulated resources set out in the Annex I;










(k)


the list of VME indicator species set out in Annex II;










(l)


the coordinates of the existing bottom fishing areas set out in Annex III;










(m)


the technical measures applicable in the Regulatory Area set out in Annex IV;










(n)


the data elements of the messages set out in Annex V;










(o)


the data elements of the production logbook set out in Annex VI;










(p)


the list of codes of product form, type of packing, type of container and type of processing set out in Annex VII;










(q)


the data elements of the electronic fishing logbook, transhipment and port of landing reports set out in Annex VIII;










(r)


the data transmission format and data elements set out in Annex XI;










(s)


the FMC marking procedures set out in Annex XII;










(t)


the data elements for the notification of inspector and inspection platforms set out in Annex XIV;










(u)


the data elements for the notification of surveillance activities set out in Annex XVI;










(v)


the data elements for the transmission of surveillance and sighting reports set out in Annex XVII;










(w)


the inspection report templates set out in Annex XVIII and XXIII;










(x)


the rules on the construction and use of boarding ladders set out in Annex XIX;










(y)


the data elements of the notification of designation of ports set out in Annex XX; and










(z)


the template of the port State control forms set out in Annex XXI.






2.   Amendments in accordance with paragraph 1 shall be strictly limited to the implementation of measures amending or supplementing the NEAFC Scheme and other NEAFC Recommendations.


3.   The Commission is empowered to adopt delegated acts in accordance with Article 55 amending Title III to adapt it to measures endorsed by the Union and other North-East Atlantic coastal States, as documented in an agreed record of proceedings, in consultations relating to the control of the fisheries referred to in Article 48, or adopted within the framework of NEAFC, concerning:






(a)


the restrictions for pelagic vessels on catch handling and discharge set out in Article 49;










(b)


the derogations from the prohibition on use of automatic grading equipment set out in Article 50(2);










(c)


the move-on provisions referred to in Article 51; and










(d)


the thresholds referred to in Article 52.






4.   Amendments in accordance with paragraph 3 of this Article shall be strictly limited to the implementation of measures which amend or supplement the control of the fisheries referred to in Article 48:






(a)


endorsed by the Union and other North-East Atlantic coastal States in consultations; or










(b)


adopted within the framework of NEAFC and which are binding on the Union.







Article 55

Exercise of the delegation


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


2.   The power to adopt delegated acts referred to in Article 54 shall be conferred on the Commission for a period of 5 years from 1 December 2023. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the 5-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 3 months before the end of each period.


3.   The delegation of power referred to in Article 54 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 acts already in force.


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


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


6.   A delegated act adopted pursuant to Article 54 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 2 months at the initiative of the European Parliament or of the Council.



Article 56

Amendments to other Regulations


1.   In Regulation (EC) No 1224/2009, Articles 54b and 54c are deleted.


2.   In Regulation (EU) 2019/1241, Article 5, point (h), Chapter VI and Annex XII are deleted.



Article 57

Repeals


1.   Regulations (EEC) No 1899/85, (EEC) No 1638/87 and (EU) No 1236/2010 are repealed.


2.   References to the repealed Regulations shall be construed as references to this Regulation.



Article 58

Entry into force and application

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
Article 49(4) and Article 52 shall apply from 1 January 2026.





This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 18 September 2024.


For the European Parliament


The President

R. METSOLA
            



For the Council


The President


               BÓKA J.





(1)  
            OJ C, C/2023/871, 8.12.2023, ELI: http://data.europa.eu/eli/C/2023/871/oj.

(2)  Position of the European Parliament of 10 April 2024 (not yet published in the Official Journal) and decision of the Council of 22 July 2024.

(3)  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).

(4)  Council Decision 98/392/EC 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).

(5)  Council Decision 98/414/EC of 8 June 1998 on the ratification by the European Community of the Agreement for the implementing 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 stocks and highly migratory fish stocks (OJ L 189, 3.7.1998, p. 14).

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

(7)  Council Decision 2009/550/EC of 5 March 2009 on the approval of amendments to the Convention on future multilateral cooperation in the North-East Atlantic Fisheries allowing for the establishment of dispute settlement procedures, the extension of the scope of the Convention and a review of the objectives of the Convention (OJ L 184, 16.7.2009, p. 12).

(8)  Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) No 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).

(9)  Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999 (OJ L 348, 31.12.2010, p. 17).

(10)  Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 (OJ L 247, 13.7.2021, p. 1).

(11)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(12)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

(13)  Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).

(14)  Council Regulation (EEC) No 1899/85 of 8 July 1985 establishing a minimum mesh size for nets used when fishing for capelin in that part of the zone of the Convention on future multilateral cooperation in the north-east Atlantic fisheries which extends beyond the maritime waters falling within the fisheries jurisdiction of Contracting Parties to the Convention (OJ L 179, 11.7.1985, p. 2).

(15)  Council Regulation (EEC) No 1638/87 of 9 June 1987 fixing the minimum mesh size for pelagic trawls used in fishing for blue whiting in that part of the area covered by the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries which extends beyond the maritime waters falling within the fisheries jurisdiction of Contracting Parties to the Convention (OJ L 153, 13.6.1987, p. 7).

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

(17)  Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (OJ L 87, 31.3.2009, p. 1).

(18)  Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).

(19)  Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).

(20)  
            OJ L 227, 12.8.1981, p. 22.

(21)  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).

(22)  Commission Implementing Regulation (EU) 2017/218 of 6 February 2017 on the Union fishing fleet register (OJ L 34, 9.2.2017, p. 9).

(23)  Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1).

(24)  Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the delivery of waste from ships, amending Directive 2010/65/EU and repealing Directive 2000/59/EC (OJ L 151, 7.6.2019, p. 116).

(25)  
            OJ L 191, 22.7.2011, p. 3.

(26)  
            OJ L 75, 19.3.2015, p. 4.




ANNEX I
REGULATED RESOURCES
1.   Pelagic and oceanic species








Stock (common name)


FAO code


Scientific name


ICES subareas and divisions




Redfish


REB



Sebastes mentella



1, 2, 5, 12, 14




Norwegian spring spawning herring (Atlanto-Scandian)


HER



Clupea harengus



1, 2, 4a, 5, 14




Blue whiting


WHB



Micromesistius poutassou



1-9, 12, 14




Mackerel


MAC



Scomber scombrus



1-8, 9a, 12, 14




Capelin


CAP



Mallotus villosus



1, 2, 5, 14




Horse mackerel


HOM



Trachurus trachurus



2a, 4a, 5b, 6a, 7a-c and e-k, 8




2.   Deep-sea species








Stock (common name)


FAO code


Scientific name


ICES subareas




Baird’s smooth head


ALC



Alepocephalus bairdii



1 to 14




Risso’s smooth head


PHO



Alepocephalus rostratus



1 to 14




Blue antimora (Blue hake)


ANT



Antimora rostrata



1 to 14




Black scabbard fish


BSF



Aphanopus carbo



1 to 14




Iceland catshark


API



Apristurus spp.


1 to 14




Argentines


ARG



Argentina spp.


1 to 14




Greater argentine


ARU



Argentina silus



1 to 14




Alfonsinos nei


ALF



Beryx spp.


1 to 14




Tusk


USK



Brosme brosme



1 to 14




Gulper shark


GUP



Centrophorus granulosus



1 to 14




Leafscale gulper shark


GUQ



Centrophorus squamosus



1 to 14




Black dogfish


CFB



Centroscyllium fabricii



1 to 14




Portuguese dogfish


CYO



Centroscymnus coelolepis



1 to 14




Longnose velvet dogfish


CYP



Centroscymnus crepidater



1 to 14




Deep-water red crab


KEF



Chaceon (Geryon) affinis



1 to 14




Red gurnard


GUR



Chelidonichthys cuculus



1 to 14




Rabbit fish (Rattail)


CMO



Chimaera monstrosa



1 to 14




Opal chimaera


WCH



Chimaera opalescens



1 to 14




Frilled shark


HXC



Chlamydoselachus anguineus



1 to 14




Conger eel


COE



Conger conger



1 to 14




Roundnose grenadier


RNG



Coryphaenoides rupestris



1 to 14




Kitefin shark


SCK



Dalatias licha



1 to 14




Birdbeak dogfish


DCA



Deania calcea



1 to 14




Black (Deep-water) cardinal fish


EPI



Epigonus telescopus



1 to 14




Lantern sharks nei


SHL



Etmopterus spp.


1 to 14




Greater lantern shark


ETR



Etmopterus princeps



1 to 14




Velvet belly


ETX



Etmopterus spinax



1 to 14




Cod


COD



Gadus morhua



1 to 14




Blackmouth dogfish


SHO



Galeus melastomus



1 to 14




Mouse catshark


GAM



Galeus murinus



1 to 14




Smallspine spookfish


HCH



Harriotta haeckeli



1 to 14




Pacific longnose chimaera


HCR



Harriotta raleighana



1 to 14




Bluemouth (Blue mouth redfish)


BRF



Helicolenus dactylopterus



1 to 14




Bluntnose six-gilled shark


SBL



Hexanchus griseus



1 to 14




Orange roughy


ORY



Hoplostethus atlanticus



1 to 14




Silver roughy (Pink)


HPR



Hoplostethus mediterraneus



1 to 14




Small-eyed rabbitfish


CYA



Hydrolagus affinis



1 to 14




Large-eyed rabbit fish (Ratfish)


CYH



Hydrolagus mirabilis



1 to 14




Portuguese rabbitfish


KXA



Hydrolagus lusitanicus



1 to 14




Pale chimaera


CYZ



Hydrolagus pallidus



1 to 14




Silver scabbard fish (Cutless fish)


SFS



Lepidopus caudatus



1 to 14




Megrim


LEZ



Lepidorhombus spp.


1 to 14




Greater eelpout


LXK



Lycodes esmarkii



1 to 14




Roughhead grenadier (Rough rattail)


RHG



Macrourus berglax



1 to 14




Whiting


WHG



Merlangius merlangus



1 to 14




Haddock


HAD



Melanogrammus aeglefinus



1 to 14




Hake


HKE



Merluccius merluccius



1 to 14




Blueling


BLI



Molva dypterygia



1 to 14




Ling


LIN



Molva molva



1 to 14




Common mora


RIB



Mora moro



1 to 14




Sailfin roughshark (Sharpback shark)


OXN



Oxynotus paradoxus



1 to 14




Red (blackspot) seabream


SBR



Pagellus bogaraveo



1 to 14




Northern shrimp


PRA



Pandalus borealis



1 to 14




Forkbeards nei


FOX



Phycis spp.


1 to 14




Greater forkbeard


GFB



Phycis blennoides



1 to 14




Saithe


POK



Pollachius virens



1 to 14




Wreckfish


WRF



Polyprion americanus



1 to 14




Round skate


RJY



Rajella fyllae



1 to 14




Arctic skate


RJG



Amblyraja hyperborea



1 to 14




Norwegian skate


JAD



Dipturus nidarosiensis



1 to 14




Greenland halibut


GHL



Reinhardtius hippoglossoides



1 to 14




Straightnose rabbitfish


RCT



Rhinochimaera atlantica



1 to 14




Knifetooth dogfish


SYR



Scymnodon ringens



1 to 14




Golden redfish


REG



Sebastes norvegicus



1 to 14




Small redfish (Norway haddock)


SFV



Sebastes viviparus



1 to 14




Greenland shark


GSK



Somniosus microcephalus



1 to 14




Spiny (Deep-sea) scorpionfish


TJX



Trachyscorpia cristulata



1 to 14




Roughsnout grenadier


TSU



Trachyrincus scabrus



1 to 14




Grenadiers


RTX



Macrouridae



1 to 14




Eelpout


ELP



Zoarces viviparus



1 to 14




3.   Other regulated resources








Stock (common name)


FAO code


Scientific name


ICES subareas




Porbeagle (1)



POR



Lamna nasus



1 to 14




Spiny dogfish/spurdog


DGS



Squalus acanthias



1 to 14




Basking shark (1)



BSK



Cetorhinus maximus



1 to 14






(1)  As long as the NEAFC Recommendations on these stocks are in effect.





ANNEX II
VME INDICATOR SPECIES
The following is a list of seven habitat types as well as physical elements for the Regulatory Area, with the taxa most likely to be found in these habitats, which shall be considered as VME indicators.






VME habitat type


Representative taxa










1.


Cold-water coral reef














 








(a)



Lophelia pertusa reef










(b)



Solenosmilia variabilis reef











Lophelia pertusa


Solenosmilia variabilis











2.


Coral garden














 








(a)


Hard-bottom garden


















 








 








(i)


Hard-bottom gorgonian and black coral gardens















Anthothelidae


Chrysogorgiidae


Isididae, Keratoisidinae


Plexauridae


Acanthogorgiidae


Coralliidae


Paragorgiidae


Primnoidae


Schizopathidae











 








 








(ii)


Colonial scleractinians on rocky outcrops















Lophelia pertusa


Solenosmilia variabilis











 








 








(iii)


Non-reefal scleractinian aggregations















Enallopsammia rostrata


Madrepora oculata











 








(b)


Soft-bottom coral gardens


















 








 








(i)


Soft-bottom gorgonian and black coral gardens















Chrysogorgiidae











 








 








(ii)


Cup-coral fields















Caryophylliidae


Flabellidae











 








 








(iii)


Cauliflower coral fields















Nephtheidae











3.


Deep-sea sponge aggregations








Other sponge aggregations



Geodiidae


Ancorinidae


Pachastrellidae





Hard-bottom sponge gardens



Axinellidae


Mycalidae


Polymastiidae


Tetillidae





Glass sponge communities



Rossellidae


Pheronematidae





Seapen fields



Anthoptilidae


Pennatulidae


Funiculinidae


Halipteridae


Kophobelemnidae


Protoptilidae


Umbellulidae


Vigulariidae





Tube-dwelling anemone patches



Cerianthidae





Mud- and sand-emergent fauna



Bourgetcrinidae


Antedontidae


Hyocrinidae


Xenophyophora


Syringamminidae





Bryzoan patches


 













Physical elements


Explanation




Isolated seamounts


Non-MAR seamounts




Steep-slopes and peaks on mid-ocean ridges


Steep ridges and peaks support coral gardens and other VME species in high density




Knolls


A typographic feature that rises less than 1 000  m from the seafloor




Canyon-like features


A steep-sided ‘catchment’ feature not necessarily associated with a shelf, island or bank margin




Steep flanks >6,4 


From NAFO SCR Doc. 11/73









ANNEX III
EXISTING BOTTOM FISHING AREAS
1.   Existing fishing area: coordinates of Hatton Bank (HAR 1–5)
HAR 1









HAR 1




 


lat


lon


LAT


LON




1


60.0557


-14.2048


60o 03.34′


-14o 12.29′




2


59.6708


-14.0275


59o 40.25′


-14o 01.65′




3


59.5262


-14.2562


59o 31.57′


-14o 15.37′




4


59.3197


-14.6393


59o 19.18′


-14o 38.36′




5


59.2495


-14.8738


59o 14.97′


-14o 52.43′




6


59.1178


-14.9539


59o 07.07′


-14o 57.23′




7


59.0620


-15.7430


59o 03.72′


-15o 44.58′




8


58.9765


-15.9202


58o 58.59′


-15o 55.21′




9


59.0620


-16.3034


59o 03.72′


-16o 18.20′




10


59.2992


-16.5207


59o 17.95′


-16o 31.24′




11


59.6160


-16.5207


59o 36.96′


-16o 31.24′




12


59.6160


-15.4456


59o 36.96′


-15o 26.74′




13


59.8005


-14.8280


59o 48.03′


-14o 49.68′




14


60.0670


-14.3420


60o 04.02′


-14o 20.52′




15


60.0557


-14.2048


60o 03.34′


-14o 12.29′







HAR 2









HAR 2




 


lat


lon


LAT


LON




1


59.6998


-16.7094


59o 41.99′


-16o 42.56′




2


59.2496


-16.8066


59o 14.97′


-16o 48.39′




3


59.1530


-17.4699


59o 09.18′


-17o 28.19′




4


58.9913


-17.3384


58o 59.48′


-17o 20.30′




5


59.0884


-16.9552


59o 05.30′


-16o 57.31′




6


58.9618


-16.7094


58o 57.71′


-16o 42.56′




7


58.4600


-17.4584


58o 27.60′


-17o 27.51′




8


58.1897


-17.5156


58o 11.38′


-17o 30.94′




9


58.0901


-17.2297


58o 05.41′


-17o 13.78′




10


57.9720


-17.2412


57o 58.32′


-17o 14.47′




11


57.9144


-17.1039


57o 54.86′


-17o 06.23′




12


57.8292


-17.0925


57o 49.75′


-17o 05.55′




13


57.5511


-17.7844


57o 33.07′


-17o 47.06′




14


57.4928


-18.2075


57o 29.57′


-18o 12.45′




15


57.2955


-18.4935


57o 17.73′


-18o 29.61′




16


57.2151


-18.8194


57o 12.91′


-18o 49.16′




17


57.0662


-19.3512


57o 03.97′


-19o 21.07′




18


56.4992


-19.5399


56o 29.95′


-19o 32.39′




19


56.6127


-20.0202


56o 36.76′


-20o 01.21′




20


56.3791


-20.4377


56o 22.75′


-20o 26.26′




21


56.3791


-20.6435


56o 22.75′


-20o 38.61′




22


56.4992


-20.8494


56o 29.95′


-20o 50.96′




23


56.6190


-20.8494


56o 37.14′


-20o 50.96′




24


56.8354


-20.4262


56o 50.13′


-20o 25.57′




25


57.2368


-20.5635


57o 14.21′


-20o 33.81′




26


57.5818


-20.5635


57o 34.91′


-20o 33.81′




27


57.8566


-20.1803


57o 51.40′


-20o 10.82′




28


57.9235


-19.8830


57o 55.41′


-19o 52.98′




29


58.4809


-19.2425


58o 28.85′


-19o 14.55′




30


58.6806


-19.2826


58o 40.84′


-19o 16.95′




31


58.9766


-18.9967


58o 58.59′


-18o 59.80′




32


59.2145


-18.2876


59o 12.87′


-18o 17.26′




33


59.2700


-17.9216


59o 16.20′


-17o 55.30′




34


59.5001


-17.6643


59o 30.01′


-17o 39.86′




35


59.6998


-16.7094


59o 41.99′


-16o 42.56′







HAR 3









HAR 3




 


lat


lon


LAT


LON




1


54.9406


-17.2011


54o 56.44′


-17o 12.07′




2


54.5810


-18.0303


54o 34.86′


-18o 01.82′




3


54.4083


-18.3962


54o 24.50′


-18o 23.77′




4


54.4781


-19.0538


54o 28.69′


-19o 03.23′




5


54.4150


-19.3112


54o 24.90′


-19o 18.67′




6


53.9767


-19.9516


53o 58.60′


-19o 57.10′




7


54.1847


-20.1289


54o 11.08′


-20o 07.73′




8


54.3350


-20.1003


54o 20.10′


-20o 06.02′




9


54.6373


-19.3912


54o 38.24′


-19o 23.47′




10


54.9800


-19.2540


54o 58.80′


-19o 15.24′




11


55.0685


-18.7393


55o 04.11′


-18o 44.36′




12


55.4303


-18.6822


55o 25.82′


-18o 40.93′




13


55.4076


-18.4134


55o 24.46′


-18o 24.80′




14


55.1438


-17.7730


55o 08.63′


-17o 46.38′




15


54.9505


-18.0303


54o 57.03′


-18o 01.82′




16


54.9800


-17.1325


54o 58.80′


-17o 07.95′




17


54.9406


-17.2011


54o 56.44′


-17o 12.07′







HAR 4









HAR 4




 


lat


lon


LAT


LON




1


58.4869


-14.7537


58o 29.21′


-14o 45.22′




2


58.0659


-14.7766


58o 03.96′


-14o 46.59′




3


57.4928


-14.6851


57o 29.57′


-14o 41.11′




4


56.9385


-14.5479


56o 56.31′


-14o 32.87′




5


56.5812


-14.3020


56o 34.87′


-14o 18.12′




6


55.5696


-15.4571


55o 34.18′


-15o 27.42′




7


55.5146


-15.7887


55o 30.88′


-15o 47.32′




8


55.3914


-15.9488


55o 23.48′


-15o 56.93′




9


55.2116


-16.7523


55o 12.69′


-16o 45.14′




10


55.2884


-16.8972


55o 17.30′


-16o 53.83′




11


55.4329


-16.8667


55o 25.98′


-16o 52.00′




12


55.5223


-16.6862


55o 31.34′


-16o 41.17′




13


55.5081


-17.5842


55o 30.49′


-17o 35.05′




14


55.5656


-17.6744


55o 33.94′


-17o 40.46′




15


55.2221


-18.0232


55o 13.32′


-18o 01.39′




16


55.3183


-18.2793


55o 19.10′


-18o 16.76′




17


55.6856


-17.9905


55o 41.14′


-17o 59.43′




18


55.7960


-17.8706


55o 47.76′


-17o 52.23′




19


56.4973


-17.7834


56o 29.84′


-17o 47.00′




20


56.5994


-17.8215


56o 35.97′


-17o 49.29′




21


56.6983


-17.6308


56o 41.90′


-17o 37.85′




22


56.7509


-17.3955


56o 45.05′


-17o 23.73′




23


56.8948


-17.1325


56o 53.69′


-17o 07.95′




24


56.9167


-16.7780


56o 55.00′


-16o 46.68′




25


57.1904


-16.7094


57o 11.42′


-16o 42.56′




26


57.1532


-15.7887


57o 09.19′


-15o 47.32′




27


57.2708


-15.3942


57o 16.25′


-15o 23.65′




28


57.6188


-15.3054


57o 37.13′


-15o 18.32′




29


57.8415


-15.3104


57o 50.49′


-15o 18.63′




30


57.9537


-15.4859


57o 57.22′


-15o 29.15′




31


58.0668


-15.4376


58o 04.01′


-15o 26.26′




32


58.2131


-15.4859


58o 12.79′


-15o 29.15′




33


58.3882


-15.2392


58o 23.29′


-15o 14.35′




34


58.3628


-15.1350


58o 21.77′


-15o 08.10′




35


58.5018


-14.9024


58o 30.11′


-14o 54.14′




36


58.4869


-14.7537


58o 29.21′


-14o 45.22′







HAR 5









HAR 5




 


lat


lon


LAT


LON




1


55.8531


-19.9630


55o 51.19′


-19o 57.78′




2


55.4368


-19.7457


55o 26.21′


-19o 44.74′




3


55.3361


-20.2375


55o 20.17′


-20o 14.25′




4


55.4855


-20.7236


55o 29.13′


-20o 43.41′




5


55.7856


-20.4548


55o 47.14′


-20o 27.29′




6


55.8531


-19.9630


55o 51.19′


-19o 57.78′




2.   Existing fishing area: coordinates of Josephine Seamount (JOS 1)
JOS 1









JOS 1




 


Lat


lon


LAT


LON




1


37.0621


-14.1703


37o 03.73′


-14o 10.22′




2


36.7150


-14.1044


36o 42.90′


-14o 06.26′




3


36.5521


-14.1854


36o 33.12′


-14o 11.13′




4


36.5622


-14.2668


36o 33.73′


-14o 16.01′




5


36.7029


-14.5385


36o 42.17′


-14o 32.31′




6


36.8795


-14.5560


36o 52.77′


-14o 33.36′




7


37.0560


-14.2415


37o 03.36′


-14o 14.49′




8


37.0621


-14.1703


37o 03.73′


-14o 10.22′




3.   Existing fishing area: coordinates of Mid-Atlantic Ridge (MAR 1–5)
MAR 1









MAR 1




 


Lat


lon


LAT


LON




1


57.1717


-33.3419


57o 10.30′


-33o 20.51′




2


57.0976


-33.1241


57o 05.85′


-33o 07.45′




3


56.7293


-33.4885


56o 43.76′


-33o 29.31′




4


56.4943


-33.5696


56o 29.66′


-33o 34.18′




5


56.3731


-34.0165


56o 22.39′


-34o 00.99′




6


56.5289


-34.2443


56o 31.73′


-34o 14.66′




7


56.7449


-34.1446


56o 44.69′


-34o 08.68′




8


57.1517


-33.5070


57o 09.10′


-33o 30.42′




9


57.1717


-33.3419


57o 10.30′


-33o 20.51′







MAR 2









MAR 2




 


Lat


lon


LAT


LON




1


44.7495


-25.2187


44o 44.97′


-25o 13.12′




2


44.4873


-24.9684


44o 29.24′


-24o 58.10′




3


44.3749


-25.2867


44o 22.50′


-25o 17.20′




4


44.5689


-25.4261


44o 34.13′


-25o 25.57′




5


44.7977


-25.3331


44o 47.86′


-25o 19.99′




6


44.7495


-25.2187


44o 44.97′


-25o 13.12′







MAR 3









MAR 3




 


Lat


lon


LAT


LON




1


45.6840


-27.2571


45o 41.04′


-27o 15.42′




2


45.4763


-27.1426


45o 28.58′


-27o 08.56′




3


45.4286


-27.4180


45o 25.72′


-27o 25.08′




4


45.2023


-27.6218


45o 12.14′


-27o 37.31′




5


45.1872


-27.7613


45o 11.23′


-27o 45.68′




6


45.4913


-27.8757


45o 29.48′


-27o 52.54′




7


45.6690


-27.6683


45o 40.14′


-27o 40.10′




8


45.6690


-27.2571


45o 40.14′


-27o 15.42′




9


45.6840


-27.2571


45o 41.04′


-27o 15.42′







MAR 4









MAR 4




 


lat


lon


LAT


LON




1


46.3844


-27.6218


46o 23.06′


-27o 37.31′




2


46.0528


-27.6469


46o 03.17′


-27o 38.81′




3


46.0528


-27.9186


46o 03.17′


-27o 55.12′




4


46.3992


-27.9186


46o 23.95′


-27o 55.12′




5


46.3992


-27.6683


46o 23.95′


-27o 40.10′




6


46.3844


-27.6218


46o 23.06′


-27o 37.31′







MAR 5









MAR 5




 


lat


lon


LAT


LON




1


47.5556


-27.4395


47o 33.34′


-27o 26.37′




2


47.2919


-27.3036


47o 17.51′


-27o 18.21′




3


47.2919


-27.8042


47o 17.51′


-27o 48.25′




4


47.4638


-27.9437


47o 27.83′


-27o 56.62′




5


47.7243


-27.8042


47o 43.46′


-27o 48.25′




6


47.5556


-27.4859


47o 33.34′


-27o 29.16′




7


47.5556


-27.4395


47o 33.34′


-27o 26.37′




4.   Existing fishing area: coordinates of Barents Sea (BAR 1)
BAR 1









BAR 1




 


lat


lon


LAT


LON




1


74.1356


41.0604


74o 08.14′


41o 03.62′




2


73.7439


41.3600


73o 44.63′


41o 21.60′




3


73.4273


41.0317


73o 25.64′


41o 01.90′




4


73.1143


40.7075


73o 06.86′


40o 42.45′




5


72.6406


40.5967


72o 38.44′


40o 35.80′




6


72.1881


40.5433


72o 11.29′


40o 32.60′




7


72.2545


39.7799


72o 15.27′


39o 46.79′




8


72.6810


38.8237


72o 40.86′


38o 49.42′




9


73.0749


37.6254


73o 04.49′


37o 37.52′




10


73.3730


36.6445


73o 22.38′


36o 38.67′




11


73.6367


35.3640


73o 38.20′


35o 21.84′




12


73.9028


34.1123


73o 54.17"


34o 06.74′




13


73.9778


33.7019


73o 58.67′


33o 42.11′




14


74.2908


35.0644


74o 17.45′


35o 03.86′




15


74.5760


36.0207


74o 34.56′


36o 01.24′




16


74.9065


36.9441


74o 54.39′


36o 56.65′




17


74.9377


37.0000


74o 56.26′


37o 00.00′




18


75.1947


37.0000


75o 11.68′


37o 00.00′




19


75.5264


37.5368


75o 31.58′


37o 32.21′




20


75.8002


38.0000


75o 48.01′


38o 00.00′




21


77.3222


38.0000


77o 19.33′


38o 00.00′




22


77.1900


39.0197


77o 11.40′


39o 01.18′




23


77.0770


40.1494


77o 04.62′


40o 08.96′




24


76.9570


41.5452


76o 57.42′


41o 32.71′




25


76.8570


42.9472


76o 51.42′


42o 56.83′




26


76.8138


43.9780


76o 48.828′


43o 58.68′




27


76.6350


43.6305


76o 38.10′


43o 37.83′




28


76.3275


43.2220


76o 19.65′


43o 13.32′




29


76.1361


43.0563


76o 08.16′


43o 03.37′




30


76.0200


42.0669


76o 01.20′


42o 04.01′




31


75.5715


42.1034


75o 34.29′


42o 06.20′




32


75.0994


39.5952


75o 05.96′


39o 35.71′




33


74.1356


41.0604


74o 08.14′


41o 03.62′




5.   Existing fishing area: coordinates of Reykjanes Ridge









Reykjanes Ridge




 


lat


lon


LAT


LON




1


60.9844


-27.0000


60o 59.07′


-27o 00.00′




2


60.8811


-27.4432


60o 52.86′


-27o 26.59′




3


60.8893


-27.6897


60o 53.36′


-27o 41.38′




4


60.9592


-27.8432


60o 57.55′


-27o 50.59′




5


61.0295


-27.7756


61o 01.77′


-27o 46.53′




6


61.1569


-28.0560


61o 09.41′


-28o 03.36′




7


61.1901


-28.0221


61o 11.41′


-28o 01.33′




8


60.9844


-27.0000


60o 59.07′


-27o 00.00′









ANNEX IV
TECHNICAL MEASURES APPLICABLE IN THE REGULATORY AREA
1.   Landing obligation
It is prohibited to discard or release catches from the Regulatory Area of the species listed below:






(a)


species listed in Section 1 of Annex I,










(b)


haddock,










(c)


cod,










(d)


whiting,










(e)


saithe in ICES subareas 3-14,










(f)


anglerfish,










(g)


megrims,










(h)


common sole,










(i)


hake,










(j)


Norway lobster,










(k)


plaice,










(l)


pollack,










(m)


horse mackerel,










(n)


ling,










(o)


greater argentine,










(p)


tusk,










(q)


blue ling,










(r)


Greenland halibut,










(s)


boarfish,










(t)


black scabbardfish,










(u)


alfonsinos,










(v)


roundnose grenadier, and










(w)


red seabream.




2.   Minimum conservation reference sizes in the Regulatory Area






Species


NEAFC




Haddock (Melanogrammus aeglefinus)


30 cm




Ling (Molva molva)


63 cm




Blue ling (Molva dipterygia)


70 cm




Mackerel (Scomber spp.)


30 cm




Herring (Clupea harengus)


20 cm




3.   Mesh sizes in the Regulatory Area
3.1.   Baseline mesh sizes for towed gear
The following codend mesh sizes and associated conditions apply in the Regulatory Area:







Codend mesh size


Geographical areas


Conditions




At least 100 mm


Whole area


None




At least 35 mm


Whole area


Directed fishing for blue whiting




At least 32 mm


ICES subareas 1 and 2


Directed fishing for Northern prawn (Pandalus borealis)
A sorting grid with a maximum bar spacing of 22 mm shall be fitted




At least 16 mm


Whole area


Directed fishing for mackerel, capelin (1) and argentines




3.2.   Baseline mesh sizes for static nets
The following mesh sizes for static nets and associated conditions apply in the Regulatory Area:







Mesh size


Geographical areas


Conditions




At least 220 mm


Whole area


None




4.   Measures to ensure the sustainability of redfish in the Irminger Sea and adjacent waters








4.1.


All fishing activities shall be prohibited in the area bounded by the following coordinates, which shall be measured according to the WGS84 system:






Latitude


Longitude




63o 00′ N


30o 00′ W




61o 30′ N


27o 35′ W




60o 45′ N


28o 45′ W




62o 00′ N


31o 35′ W




63o 00′ N


30o 00′ W
















4.2.


Unless in case of force majeure, fishing vessels with catches on board of shallow pelagic and deep pelagic beaked redfish (Sebastes mentella) stocks from the Irminger Sea and adjacent waters (ICES subareas 5, 12 and 14, and NAFO subareas 1 and 2) are prohibited from entering Union ports.












4.3.


Union fishing vessels are prohibited from participating in transhipment operations involving the stocks referred to in paragraph 4.2.




5.   Special rules for the protection of blue ling in ICES subarea 14
All fishing with bottom contacting gear (bottom trawl, longline and gillnet) is prohibited in the period from 15 February to 15 April in the area bounded by the following coordinates, which shall be measured according to the WGS84 system:






Latitude


Longitude




60o 58.76′ N


27o 27.32′ W




60o 56.02′ N


27o 31.16′ W




60o 59.76′ N


27o 43.48′ W




61o 03.00′ N


27o 39.41′ W




6.   Measures for the redfish fishery in international waters of ICES subareas 1 and 2
Member States shall ensure that scientific information is collected by scientific observers on board vessels flying their flag. As a minimum, the information collected shall include representative data on sex, age and length composition by depths. This information shall be reported to ICES by the competent authorities in the Member States.
7.   Rockall haddock box in ICES subarea 6
All fishing, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:






Latitude


Longitude




57o 00′ N


15o 00′ W




57o 00′ N


14o 00′ W




56o 30′ N


14o 00′ W




56o 30′ N


15o 00′ W




8.   Closed areas for the protection of vulnerable marine ecosystems
It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gillnets and bottom set longlines, within the following areas sequentially joining with rhumb lines the following coordinates, which shall be measured according to the WGS84 system:






(a)


Northern MAR Area:






—


59o 45′ N, 33o 30′ W










—


57o 30′ N, 27o 30′ W










—


56o 45′ N, 28o 30′ W










—


59o 15′ N, 34o 30′ W










—


59o 45′ N, 33o 30′ W














(b)


Middle MAR Area (Charlie-Gibbs Fracture Zone and Subpolar Frontal Region):






—


53o 30′ N, 38o 00′ W










—


53o 30′ N, 36o 49′ W










—


55o 04.53′ N, 36o 49′ W










—


54o 58.99′ N, 34o 41.36′ W










—


54o 41.18′ N, 34o 00′ W










—


53o 30′ N, 34o 00′ W










—


53o 30′ N, 30o 00′ W










—


51o 30′ N, 28o 00′ W










—


49o 00′ N, 26o 30′ W










—


49o 00′ N, 30o 30′ W










—


51o 30′ N, 32o 00′ W










—


51o 30′ N, 38o 00′ W










—


53o 30′ N, 38o 00′ W














(c)


Southern MAR Area:






—


44o 30′ N, 30o 30′ W










—


44o 30′ N, 27o 00′ W










—


43o 15′ N, 27o 15′ W










—


43o 15′ N, 31o 00′ W










—


44o 30′ N, 30o 30′ W














(d)


Altair Seamount:






—


45o 00′ N, 34o 35′ W










—


45o 00′ N, 33o 45′ W










—


44o 25′ N, 33o 45′ W










—


44o 25′ N, 34o 35′ W










—


45o 00′ N, 34o 35′ W














(e)


Antialtair Seamount:






—


43o 45′ N, 22o 50′ W










—


43o 45′ N, 22o 05′ W










—


43o 25′ N, 22o 05′ W










—


43o 25′ N, 22o 50′ W










—


43o 45′ N, 22o 50′ W














(f)


Hatton Bank:






—


59o 26′ N, 14o 30′ W










—


59o 12′ N, 15o 08′ W










—


58o 34′ N, 16o 47′ W










—


58o 29′ N, 17o 25′ W










—


58o 30′ N, 17o 52′ W










—


58o 03′ N, 17o 52′ W










—


58o 03′ N, 17o 30′ W










—


57o 55′ N, 17o 30′ W










—


57o 45′ N, 19o 15′ W










—


58o 11.15′ N, 18o 57.51′ W










—


58o 11.57′ N, 19o 11.97′ W










—


58o 27.75′ N, 19o 11.65′ W










—


58o 39.09′ N, 19o 14.28′ W










—


58o 38.11′ N, 19o 01.29′ W










—


58o 53.14′ N, 18o 43.54′ W










—


59o 00.29′ N, 18o 01.31′ W










—


59o 08.01′ N, 17o 49.31′ W










—


59o 08.75′ N, 18o 01.47′ W










—


59o 15.16′ N, 18o 01.56′ W










—


59o 24.17′ N, 17o 31.22′ W










—


59o 21.77′ N, 17o 15.36′ W










—


59o 26.91′ N, 17o 01.66′ W










—


59o 42.69′ N, 16o 45.96′ W










—


59o 20.97′ N, 15o 44.75′ W










—


59o 21′ N, 15o 40′ W










—


59o 26′ N, 14o 30′ W














(g)


Northwest Rockall:






—


57o 00′ N, 14o 53′ W










—


57o 37′ N, 14o 42′ W










—


57o 55′ N, 14o 24′ W










—


58o 15′ N, 13o 50′ W










—


57o 57′ N, 13o 09′ W










—


57o 50′ N, 13o 14′ W










—


57o 57′ N, 13o 45′ W










—


57o 49′ N, 14o 06′ W










—


57o 29′ N, 14o 19′ W










—


57o 22′ N, 14o 19′ W










—


57o 00′ N, 14o 34′ W










—


56o 56′ N, 14o 36′ W










—


56o 56′ N, 14o 51′ W










—


57o 00′ N, 14o 53′ W














(h)


Southwest Rockall (Empress of Britain Bank):
Area 1






—


56o 24′ N, 15o 37′ W










—


56o 21′ N, 14o 58′ W










—


56o 04′ N, 15o 10′ W










—


55o 51′ N, 15o 37′ W










—


56o 10′ N, 15o 52′ W










—


56o 24′ N, 15o 37′ W




Area 2






—


55o 56.90′ N, 16o 11.30′ W










—


55o 58.20′ N, 16o 11.30′ W










—


55o 58.30′ N, 16o 02.80′ W










—


55o 56.90′ N, 16o 02.80′ W










—


55o 56.90′ N, 16o 11.30′ W




Area 3






—


55o 49.90′ N, 15o 56.00′ W










—


55o 48.50′ N, 15o 56.00′ W










—


55o 48.30′ N, 15o 50.60′ W










—


55o 49.60′ N, 15o 50.60′ W










—


55o 49.90′ N, 15o 56.00′ W














(i)


 










(j)


Edora’s bank






—


56o 26.00′ N, 22o 26.00′ W










—


56o 28.00′ N, 22o 04.00′ W










—


56o 16.00′ N, 21o 42.00′ W










—


56o 05.00′ N, 21o 40.00′ W










—


55o 55.00′ N, 21o 47.00′ W










—


55o 45.00′ N, 22o 00.00′ W










—


55o 43.00′ N, 23o 14.00′ W










—


55o 50.00′ N, 23o 16.00′ W










—


56o 05.00′ N, 23o 06.00′ W










—


56o 18.00′ N, 22o 43.00′ W










—


56o 26.00′ N, 22o 26.00′ W














(k)


Southwest Rockall Bank
Area 1






—


55o 58.16′ N, 16o 13.18′ W










—


55o 58.24′ N, 16o 02.56′ W










—


55o 54.86′ N, 16o 05.55′ W










—


55o 58.16′ N, 16o 13.18′ W




Area 2






—


55o 55.86′ N, 15o 40.84′ W










—


55o 51.00′ N, 15o 37.00′ W










—


55o 47.86′ N, 15o 53.81′ W










—


55o 49.29′ N, 15o 56.39′ W










—


55o 55.86′ N, 15o 40.84′ W














(l)


Hatton-Rockall Basin
Area 1






—


58o 00.15′ N, 15o 27.23′ W










—


58o 00.15′ N, 15o 38.26′ W










—


57o 54.19′ N, 15o 38.26′ W










—


57o 54.19′ N, 15o 27.23′ W










—


58o 00.15′ N, 15o 27.23′ W




Area 2






—


58o 06.46′ N, 16o 37.15′ W










—


58o 15.93′ N, 16o 28.46′ W










—


58o 06.77′ N, 16o 10.40′ W










—


58o 03.43′ N, 16o 10.43′ W










—


58o 01.49′ N, 16o 25.19′ W










—


58o 02.62′ N, 16o 36.96′ W










—


58o 06.46′ N, 16o 37.15′ W














(m)


Hatton Bank 2
Area 1






—


57o 51.76′ N, 18o 05.87′ W










—


57o 55.00′ N, 17o 30.00′ W










—


58o 03.00′ N, 17o 30.00′ W










—


57o 53.10′ N, 16o 56.33′ W










—


57o 35.11′ N, 18o 02.01′ W










—


57o 51.76′ N, 18o 05.87′ W




Area 2






—


57o 59.96′ N, 19o 05.05′ W










—


57o 45.00′ N, 19o 15.00′ W










—


57o 50.07′ N, 18o 23.82′ W










—


57o 31.13′ N, 18o 21.28′ W










—


57o 14.09′ N, 19o 28.43′ W










—


57o 02.21′ N, 19o 27.53′ W










—


56o 53.12′ N, 19o 28.97′ W










—


56o 50.22′ N, 19o 33.62′ W










—


56o 46.68′ N, 19o 53.72′ W










—


57o 00.04′ N, 20o 04.22′ W










—


57o 10.31′ N, 19o 55.24′ W










—


57o 32.67′ N, 19o 52.64′ W










—


57o 46.68′ N, 19o 37.86′ W










—


57o 59.96′ N, 19o 05.05′ W














(n)


Logachev Mounds:






—


55o 17′ N, 16o 10′ W










—


55o 34′ N, 15o 07′ W










—


55o 50′ N, 15o 15′ W










—


55o 33′ N, 16o 16′ W










—


55o 17′ N, 16o 10′ W














(o)


West Rockall Mound:






—


57o 20′ N, 16o 30′ W










—


57o 05′ N, 15o 58′ W










—


56o 21′ N, 17o 17′ W










—


56o 40′ N, 17o 50′ W










—


57o 20′ N, 16o 30′ W










(1)  A vessel shall be deemed to be fishing for capelin if it has capelin on board which exceeds 50 % by weight of the total amount of capelin and other species on board.





ANNEX V
NOTIFICATION AND AUTHORISATION OF FISHING VESSELS
1.   Notification message







Data element


Mandatory
/Optional


Remarks




Vessel name


M


Name of the vessel




Radio call sign


M


International radio call sign of the vessel




Flag State


M


State where the vessel is registered




Vessel IMO number


M (3)



IMO/UVI number of the vessel




Internal reference number


O (1)



Unique Contracting Party vessel number as flag State 3-alpha country code followed by number




External registration number


M


The side number of the vessel




Port name


O


Port of registration




Vessel owner


M (2)



Responsible for using the vessel




Vessel charterer


M (2)



Responsible for using the vessel




Vessel type


O


FAO vessel type code




Vessel gear


O


FAO statistical classification of fishing gear




Vessel capacity in GT


M


Vessel capacity in accordance with the London convention ICTM-69




Vessel length overall


M


Length overall in metres




Vessel power


M


Engine power in kilowatts




Limited authorisation


O


Licence detail; authorisation subject to specific restrictions on operation in the Regulatory Area, ‘Y’ or ‘N’




2.   Withdrawal message







Data element


Mandatory
/Optional


Remarks




Radio call sign


M


International radio call sign of the vessel




Vessel IMO number


O


IMO/UVI number of the vessel




Internal reference number


O


Unique Contracting Party vessel number as flag State 3-alpha country code followed by number




External registration number


O


The side number of the vessel




Vessel name


O


Name of the vessel




Start date


M


Licence detail; the first date as from which the withdrawal takes effect




3.   Limitation message







Data element


Mandatory
/Optional


Remarks




Radio call sign


M


International radio call sign of the vessel




Vessel IMO number


O


IMO number of the vessel




Internal reference number


O


Unique Contracting Party vessel number as flag State 3-alpha country code followed by number




External registration number


O


The side number of the vessel




Vessel name


O


Name of the vessel




Start date


M


Date on which the limitation starts




End date


M


Date on which the limitation ends




Species name


O (4)



The species for which the directed fisheries limitation applies; if species is omitted limitation applies to all species




Relevant area


O (4)



ICES code for the relevant area for which the limitation applies, if area is omitted the limitation applies to the whole Regulatory Area




4.   Authorisation message







Data element


Mandatory
/Optional


Remarks




Radio call sign


M


International radio call sign of the vessel




Vessel IMO number


O


IMO number of the vessel




Internal reference number


O


Unique Contracting Party vessel number as flag State 3-alpha country code followed by number




External registration number


O


The side number of the vessel




Vessel name


O


Name of the vessel




Date of issue


O


Date on which the authorisation is issued




Start date


M


Date on which the authorisation starts




End date


M


Date on which the authorisation ends




Regulated resources


M


Regulated resources separated by a space, for which the authorisation applies; XDS for deep-sea species




5.   Suspension message







Data element


Mandatory
/Optional


Remarks




Radio call sign


M


International radio call sign of the vessel




Vessel IMO number


O


IMO number of the vessel




Internal reference number


O


Unique Contracting Party vessel number as flag State 3-alpha country code followed by number




External registration number


O


The side number of the vessel




Vessel name


O


Name of the vessel




Start date


M


Date on which the authorisation is terminated




Regulated resources


M


Licence detail; regulated resources, separated by a space, for which the termination of authorisation applies; XDS for deep-sea species




The list of codes of main fishing vessel types, main vessel activities, main gear types and main categories of gear devices and attachments shall be in accordance with the NEAFC Master Data Register available at https://www.neafc.org/mdr.


(1)  CFR number

(2)  Whichever one is appropriate

(3)  Mandatory for vessels subject to IMO Resolution A.1078 (28)

(4)  Whichever is appropriate





ANNEX VI
PRODUCTION LOGBOOK








Data element:


Field code


Mandatory
/Optional
/Compulsory if applicable


Remarks:










1.


Vessel identity








Radio call sign and IMO number is required, where IMO is not applicable (for vessels under IMO resolution A.1078 (28)), use of either the Contracting Party internal reference number or vessel external registration is required.




Radio call sign


RC


M


Vessel registration detail; international radio call sign




Vessel IMO number


 


C


IMO number of the vessel
A vessel identifier in addition to radio call sign is required. Vessels with an IMO number must use this number.




Contracting Party Internal reference number


IR


M


Vessel registration detail; unique Contracting Party vessel number
A vessel identifier in addition to radio call sign is required. For vessels without an IMO number Contracting Party, internal reference number may be used as a second identifier.




Vessel external registration number


XR


C


Vessel registration detail; the side number of the vessel or IMO number in the absence of a side number




Vessel name


NA


O


Vessel registration detail; name of the vessel










2.


Information on production








Date


DA


M


Activity detail; date of production




Quantity produced


QP


 


Activity detail; quantity produced by species per day




Species name


 


M


FAO species code




Quantity


 


M


Total product weight in kilogrammes




Product form


 


M


Product form code




Quantity


 


M


Product weight in kilogrammes




 


 


 


Product form code and weight of the product: use as many pairs as needed to cover all products




Cumulative production of the period


AP


 


Activity detail; total quantity produced since the entry into the Regulatory Area by species




Species name


 


M


FAO species code




Quantity


 


M


Total product weight in kilogrammes




Product form


 


M


Product form code




Quantity


 


M


Product weight of the product in kilogrammes




 


 


 


Product form code and weight of the product: use as many pairs as needed to cover all products










3.


Information on packing








Species name


SN


O


Activity detail; the 3-alpha FAO code of the species




Product code


PR


O


Activity detail; product code




Type of packing


TY


O


Activity detail; type of packing




Unit weight


NE


O


Activity detail; net product weight in kilogrammes




Number of units


NU


O


Activity detail; number of units packed










4.


Information on transhipments by receiver








Date and time


 


M


Date and time of completion the transhipment




Transhipped catches


 


M


Activity detail; actual quantity by species on-loaded,




Species


 


M


FAO species code




Quantity


 


M


Live weight in kilogrammes




Location


 


M


Position where the transhipment operation ended. Coordinates Reported in DD to 3 decimal places in WGS84




Transhipped from


 


M


Radio call sign of donor vessel




Quantity on board


 


M


Activity detail; total quantity by species on board after the transhipment




Species


 


M


FAO species code




Quantity


 


M


Live weight in kilogrammes




Master


MA


M


Masters name and address










5.


Port of landing report








Type


 


M


ARRIVAL




Predicted date and time


 


M


Estimated date and time UTC for the coming to port




Port


 


M


Name of port where transhipment/landing will take place
(ISO alpha-2 country code + 3-letter port code based on UN/LOCODE)




Landing site


 


C


Name of the buyer or other specifications describing exactly where in the port the landing will take place.
Mandatory if available




Quantity on board


 


M


Quantity by species on board – each species to be entered separately




Species


 


M


FAO species code




Quantity


 


M


Live weight in kilogrammes




Size class


 


O


Code for size distribution




Stock code


 


C


Code for the species stock
Mandatory if the catches caught belong to a stock as listed in NEAFC Recommendation 02:2011 (as amended)




Quantity to be landed


 


M


Quantity by species on board – each species to be entered separately




Species


 


M


FAO species code




Quantity


 


M


Live weight in kilogrammes




Size class


 


O


Code for size distribution




Stock code


 


C


Code for the species stock
Mandatory if the catches caught belong to a stock as listed in NEAFC Recommendation 02:2011 (as amended)




The relevant code lists shall be in accordance with the NEAFC Master Data Register available at https://www.neafc.org/mdr.





ANNEX VII
LIST OF CODES OF PRODUCT FORM, TYPE OF PACKING, TYPE OF CONTAINER AND TYPE OF PROCESSING TO BE USED IN PRODUCTION LOGBOOK
1.   The form or presentation of a processed resource’s cut or part







Code


Presentation


Description




CBF


Cod butterfly (escalado)


HEA with skin on, spine on, tail on




CLA


Claws


Claws only




DWT


ICCAT code


Gilled, gutted, part of head off, fins off




FIA


Filleted without skin, without belly


FIS without belly




FIL


Filleted


HEA + GUT + TLD + bones off Each fish originates two fillets




FIS


Filleted and skinned fillets


FIL + SKI Each fish originates two fillets not joined by any part




FMF


Fish meal


Fish meal from whole fish




FSB


Filleted with skin and bones


Filleted with skin and bones on




FSP


Filleted skinned with pinbone


Filleted with skin removed and pinbone on




GHT


Gutted headed and tailed


GUH + TLD




GUG


Gutted and gilled


Guts and gills removed




GUH


Gutted and headed


Guts and head removed




GUL


Gutted liver in


GUT without removing liver parts




GUS


Gutted headed and skinned


GUH + SKI




GUT


Gutted


All guts removed




HEA


Headed


Heads off




HED


Heads


Heads only




HET


Headed and tailed


Heads and tails off




JAP


Japanese cut


Transversal cut removing all parts from head to belly




JAT


Tailed Japanese cut


Japanese cut with tail removed




LAP


Lappen


Double fillet, HEA, skin + tails + fins ON




LGS


Leg section


Legs in section (crab)




LVR


Liver


Liver only.
In case of collective presentation* use code LVR-C




OTH


Other


Any other presentation




ROE


Roe (s)


Roe(s) only.
In case of collective presentation* use code ROE-C




SAD


Salted dry


Headed with skin on, spine on, tail on and salted dry




SAL


Salted wet light


CBF + salted




SGH


Salted, gutted and headed


GUH + salted




SGT


Salted gutted


GUT + salted




SKI


Skinned


Skin off




SUR


Surimi


Surimi




TAL


Tail


Tails only




TLD


Tailed


Tail off




TNG


Tongue


Tongue only.
In case of collective presentation* use code TNG-C




TUB


Tube only


Tube only (Squid)




WHL


Whole


No processing




WNG


Wings


Wings only




2.   The type of packaging or container in where the resource is








Code


Name


Type


Description




BGS


Bags


Packaging


Catch delivered in bags




BLC


Blocks


Packaging


Catch delivered in blocks




BOX


Boxes


Packaging


Catch delivered in boxes




BUL


Bulk Fish


Packaging


Catch delivered in bulk




CRT


Cartons


Packaging


Catch delivered in cartons




CNT


Containers


Container


Catch delivered in containers




CSW


Chilled Sea Water Tanks


Container


Catch delivered in sea water tank cooled by adding ice (fixed or portable)




FOO


Fish Oil Other


Container


Fish oil delivered in any other container




FOT


Fish Oil Tank


Container


Fish oil delivered in tanks specifically for oil




RSW


Refrigerated Sea Water Tanks


Container


Catch delivered in mechanically refrigerated sea water tank (fixed or portable)




TNK


Tank


Container


Catch delivered in tanks not covered by other descriptions




3.   The state of processing of the resource






Code


Description




FRE


Fresh




FRZ


Frozen




OTH


Any other processing









ANNEX VIII
RECORDING OF CATCH AND FISHING EFFORT
1.   Electronic logbook
1.1.   Fishing Activity Reports
Data used in the creation or correction of Fishing Activity Reports and to be exchanged based on the NEAFC FLUX Fishing Activities ERS Implementation Document adopted by NEAFC.
(a)   Fishing Activity Reports: header data
Data to be included in all Fishing Activity Reports







Data element


Status
(M = Mandatory
O = Optional
C = Compulsory if applicable)


Remarks





Report details



 


 




Report identification


M


Unique identification of the Fishing Activity Report




Report type


M


NOTIFICATION is a report of a future activity; DECLARATION is a report of a past activity.




Purpose


M


Creation or correction of a report




Referenced report identifier


C


The report identifier of report that is being corrected

In case of a correction of an accepted report





Originating FMC


M


ISO 3-letter country code of the flag-State FMC




Acceptance


M


The date and time of acceptance of the information in the FMC




FMC marker


C


FMC marking

In case the report has been delayed, corrected/cancelled or generated manually by the FMC





Creation


M


The date and time of the creation of the report by the FMC




Sequence number


O


Serial number of messages sent from a vessel to the final destination (XNE).
It is unique for each vessel for a calendar year. At the beginning of the current year this value will be reset to 1 for each vessel and will increment at the sending of each message.





Fishing trip information



 


All activities have a reference to the fishing trip




RA trip identifier


O


The unique identifier for the current trip in the NEAFC Regulatory Area




Contracting Party internal trip ID


O


Fishing trip ID according to the definition of a Contracting Party





Vessel details



 


Radio call sign and IMO number is required. Where IMO is not applicable (for vessels under IMO Resolution A.1078 (28)), use of either Contracting Party internal reference number or vessel external registration is required.




Radio call sign


M


International radio call sign




Vessel IMO number


C


IMO number of the vessel

If available





Contracting Party internal reference number


M


CFR number




Vessel external registration number


C


Side number of the vessel

Where IMO is not applicable (for vessels under IMO Resolution A.1078 (28)), use of either Contracting Party internal reference number or vessel external registration is required.





Vessel name


O


Name of the vessel




Vessel flag


M


ISO 3-letter country code of the flag-State




Masters name


M


Name of the master of the vessel




Vessel transmission date and time


M (1)



Date and time of transmission from the vessel




Vessel transmission position


C


Position of vessel at time of transmission

Mandatory for notification of AREA ENTRY





1.2.   Fishing Activity Report types
(a)   Prior notification of entry
Data used in the creation or correction of a prior notification of entry







Element name


Status
(M = Mandatory
O = Optional
C = Compulsory if applicable)


Remarks




Type


M


AREA_ENTRY




Management area


M


RFMO area the vessel is entering





Quantity on board



M


Quantity on board by species at time of transmission




Species


M


FAO species code; NIL catches shall be recorded using FAO species code MZZ




Quantity


M


Live weight in kilogrammes. NIL catches shall be recorded using quantity = 0




Size class


O


Code for size distribution




Stock code


C


Code for the species stock

Mandatory if the catches caught belong to a stock as listed in NEAFC Recommendation 02:2011 (as amended)





Planned activity


M


Reason for entry





Activity detail



C


Information related to the predicted start of activities

Mandatory in case the planned activity is fishing or transhipment





Predicted date and time


O


Estimated time of the start of the planned activity




Predicted location


O


Estimated position of the start of the planned activity. Coordinates reported in DD to three decimal places in WGS84




Relevant area


O


The ICES area where the master intends to commence fishing.




Directed species


C


FAO species code of the target species of the trip.

Mandatory where the planned activity is fishing





(b)   Fishing operation declaration







Element name


Status
(M = Mandatory
O = Optional
C = Compulsory if applicable)


Remarks




Type


M


FISHING_OPERATION




Date


C


Date when catches were taken or for which a NIL catch is reported

Mandatory in case of daily reporting or if no fishing operation took place





Vessel activity


M


Main activity of the vessel





Data for fishing operations reported as daily information



C



Mandatory where a fishing operation has taken place and they are reported per daily





Geographical area


M


Fishing area (ICES statistical rectangle) where the fishing operation was conducted




Relevant area


C


Management area where the catch was taken

Mandatory where specific management measures require it





Duration


M


Duration of the fishing operation(s) in minutes




Total number of hauls/fishing operations reported


M


For daily reporting number of fishing operations aggregated in the report




Fishing gear


M


FAO Gear Code. Standard statistical classification of fishing gear





Gear Characteristics



C


 




Mesh size


C


Mesh size in millimetres (mm)

Mandatory where applicable





Gear bar dimension


C


Gear bar dimension in millimetres (mm) – Used for the light opening in sorting grid

Mandatory where sorting grid is used in gear





Gear dimension by length


C


Gear dimension by length of gear – in metres

Mandatory for gill nets





Number of gear


C


Number of gear used

Mandatory for trawls, beams, dredges, pots, hooks





Gear problems


C


Problem occurred while gear is deployed

Mandatory in case of gear problems






Partner vessel



C


Vessel from which gear the catches are pumped from or the pair fishing partner

Mandatory when pumping from another vessel’s gear or when performing pair fishing





Role


M


The role of the partner vessel. E.g. pair fishing partner or pumping from the vessels gear




Radio call sign


M


Radio call sign of the partner vessel




Flag State


M


Flag State of the partner or pumping from vessel





Catch retained on board



M


Catch retained on board per fishing operation/day by species.




Species


M


FAO species code
NIL catches shall be recorded using FAO species code MZZ




Quantity


M


Live weight in kilogrammes
NIL catches shall be recorded using quantity = 0




Size class


O


Code for size distribution




Stock code


C


Code for stock specification

Mandatory where the catches caught belong to a stock as listed in NEAFC Recommendation 02:2011 (as amended)





Discards


C


Catch discarded per fishing operation/day by species.

Mandatory where discards occurred





Reason


M


Reason for discard




Species


M


FAO species code




Quantity


M


Live weight in kilogrammes




Size class


O


Code for size distribution




Stock code


C


Code for stock specification

Mandatory where the catches caught belong to a stock as listed in NEAFC Recommendation 02:2011 (as amended)






Data for fishing operations reported per haul



C



Mandatory where a fishing operation has taken place and they are reported per haul






Gear shot



M


 




Start date and time


M


Date and time at the start of fishing operation




Start fishing location


M


Position when the fishing operation starts
Coordinates reported in DD to three decimal places in WGS84.




Fishing depth at start


C


Depth of gear when fully shot, in metres

Mandatory if available





Bottom depth at start


C


Depth between the surface and the sea bed when gear is fully shot, in metres

Mandatory if available





Relevant area


C


Management area where the catch was taken

Mandatory where specific management measures require it





Duration


M


Duration of the fishing operation in minutes




Fishing gear


M


FAO Gear Code. Standard statistical classification of fishing gear





Gear characteristics



M


 




Mesh size


C


Mesh size in millimetres (mm)

Mandatory where applicable





Gear bar dimension


C


Gear bar dimension in millimetres (mm) – Used for the light opening in sorting grid

Mandatory where sorting grid is used in gear





Gear dimension by length


C


Gear dimension by length of gear – in metres

Mandatory for gill nets





Gear dimension by number


C


Gear dimension by number

Mandatory for trawls, beams, dredges, pots, hooks.




Gear problems


C


Problem occurred while gear is deployed

Mandatory in case of gear problems






Gear retrieval



M


 




End date/time


M


Timestamp at end of fishing operation




End location


M


Position when the fishing operation ends
Coordinates reported in DD to three decimal places in WGS84




Fishing depth at end


C


Depth of gear before the start of hauling

Mandatory where specific management measures require it





Bottom depth at end


C


Depth between the surface and the sea bed at before the start of hauling

Mandatory where specific management measures require it






Partner vessel



C


 




Role


M


The role of the partner vessel. E.g. pair fishing partner or pumping from another vessels gear




Radio call sign


M


Radio call sign of the partner vessel

Mandatory when pumping from another vessel’s gear or when performing pair fishing.




Flag State


M


Flag State of the partner or pumping from vessel





Catch retained on board



M


Catch retained on board per fishing operation/day by species




Species


M


FAO species code
NIL catches shall be recorded using FAO species code MZZ




Quantity


M


Live weight in kilogrammes; NIL catches shall be recorded using quantity = 0




Size class


O


Code for size distribution




Stock code


C


Code for stock specification

Mandatory where the catches caught belong to a stock as listed in NEAFC Recommendation 02:2011 (as amended)






Discards



C


Catch discarded per fishing operation/day by species

Mandatory where discards occurred





Reason


M


Reason for discard




Species


M


FAO species code




Quantity


M


Live weight in kilogrammes




Size class


O


Code for size distribution




Stock code


C


Code for stock specification

Mandatory where the catches caught belong to a stock as listed in NEAFC Recommendation 02:2011 (as amended)





(c)   Donor transhipment notification
Data used in the creation or correction of a donor transhipment notification







Data element


Status
(M = Mandatory
O = Optional
C = Compulsory if applicable)


Remarks




Type


M


TRANSHIPMENT




Predicted date and time


O


Estimated date and time for the start of transhipment




Predicted location


O


Predicted position where the transhipment operation will take place
Coordinates reported in DD to three decimal places in WGS84





Catch on board



M


Catch on board (prior to transhipment) – each species to be entered separately




Species


M


FAO species code




Quantity


M


Live weight in kilogrammes




Size class


O


Code for size distribution




Stock code


C


The code for the species stock

Mandatory if the catches caught belong to a stock as listed in NEAFC Recommendation 02:2011 (as amended)






Transhipped catches



M


Quantities to be off-loaded by species – each species to be entered separately




Species


M


FAO species code




Quantity


M


Live weight in kilogrammes




Size class


O


Code for size distribution




Stock code


C


The code for the species stock

Mandatory if the catches caught belong to a stock as listed in NEAFC Recommendation 02:2011 (as amended)






Transhipped to



M


Receiving vessel details




Radio call sign


M


Radio call sign of the receiving vessel




Flag State


M


Flag State of the receiving vessel




(d)   Receiver transhipment declaration
Data used in the creation or correction of a receiver transhipment declaration







Element name


Status
(M = Mandatory
O = Optional
C = Compulsory if applicable)


Remarks




Type


M


TRANSHIPMENT




Date and time


M


Date and time of completion the transhipment




Location


M


Position where the transhipment operation ended
Coordinates reported in DD to three decimal places in WGS84.





Transhipped catches



M


Actual quantity by species on-loaded




Species


M


FAO species code




Quantity


M


Live weight in kilogrammes




Size class


O


Code for size distribution




Stock code


C



Mandatory if the catches caught belong to a stock as listed in NEAFC Recommendation 02:2011 (as amended)






Quantity on board



M


Total quantity by species on board after the transhipment




Species


M


FAO species code




Quantity


M


Live weight in kilogrammes




Size class


O


Code for size distribution




Stock code


C



Mandatory if the catches caught belong to a stock as listed in NEAFC Recommendation 02:2011 (as amended)






Transhipped from




M




Donor vessel





Radio call sign


M


Radio call sign of the donor vessel




Flag State


M


Flag State of the donor vessel.




(e)   Prior notification of exit
Data used in the creation or correction of prior notification of exit







Element name


Status
(M = Mandatory
O = Optional
C = Compulsory if applicable)


Remarks




Type


M


AREA_EXIT




Predicted date and time


O


Estimated date and time of exit




Predicted position


O


Predicted position at the time of exit from the Regulatory Area
Coordinates reported in DD to three decimal places in WGS84.




Management area


M


RFMO area the vessel is exiting





Catch on board



M


Estimated total quantity on board by species.
i.e. The sum of what may have been reported as quantity on-board upon entry into the Regulatory Area, plus catches taken in the Regulatory Area minus what may have been off loaded and or plus what may have been on-loaded for vessels taking part in transhipment operations as receiver




Species


M


FAO species code; NIL catches shall be recorded using FAO species code MZZ




Quantity


M


Live weight in kilogrammes; NIL catches shall be recorded using quantity = 0




Size class


O


Code for size distribution




Stock code


C


Code for the species stock

Mandatory if the catches caught belong to a stock as listed in NEAFC Recommendation 02:2011 (as amended)





(f)   Port of landing notification
Data used in the creation or correction of port of landing notification







Element name


Status
(M = Mandatory
O = Optional
C = Compulsory if applicable)


Remarks




Type


M


ARRIVAL where reason for arrival is landing




Predicted date and time


M


Estimated date and time UTC for the coming to port




Port


M


Name of port where transhipment/landing will take place
(ISO alpha-2 country code + 3-letter port code based on UN/LOCODE)




Landing site


C


Name of the buyer or other specifications describing exactly where in the port the landing will take place

Mandatory if available






Quantity on board



M


Quantity by species on board – each species to be entered separately




Species


M


FAO species code




Quantity


M


Live weight in kilogrammes




Size class


O


Code for size distribution




Stock code


C


Code for the species stock

Mandatory if the catches caught belong to a stock as listed in NEAFC Recommendation 02:2011 (as amended)






Quantity to be landed



M


Quantity by species on board – each species to be entered separately




Species


M


FAO species code




Quantity


M


Live weight in kilogrammes




Size class


O


Code for size distribution




Stock code


C


Code for the species stock

Mandatory if the catches caught belong to a stock as listed in NEAFC Recommendation 02:2011 (as amended)





2.   Cancellation of Fishing Activity Reports
Data used in the cancellation of a previously accepted Fishing Activity Report







Element name


Status
(M = Mandatory
O = Optional
C = Compulsory if applicable)


Remarks





Report details





Report identification


M


Unique identification of this Fishing Activity Report




Report type


M


The same as the report type of the report being cancelled




Purpose


M


CANCELLATION




Creation


M


The date and time of the creation of the report by the FMC




Originating FMC


M


ISO 3-letter country code of the flag State FMC




Acceptance


M


The date and time of acceptance of the information in the FMC




FMC marker


C


FMC marking

In case the report has been delayed, corrected/cancelled or generated manually by the FMC





Referenced report identifier


M


The report identifier of report that is being cancelled




Sequence number


O


Serial number of messages sent from a vessel to the final destination (XNE).
It is unique for each vessel for a calendar year. At the beginning of the current year this value will be reset to 1 for each vessel and will increment at the sending of each message.






(1)  Not applicable for version 1 of the FLUX FA Implementation Document.





ANNEX IX
DELIMITATION OF THE REGULATORY AREA
Any changes to the coordinates used for the database defined in Article 16(1), point (f), shall be:






—


Identified to the NEAFC Secretariat as changes in the delimitation of the Regulatory Area, with the number of points separately confirmed and a contact person identified for verification of resulting mapping;










—


Submitted in decimal degrees and in the WGS84 datum, in an electronic version suitable for import directly into Geographic Information System (GIS) software, without the need for manual intervention;










—


Latitude positive North Longitude positive East and plus sign (+) can be skipped for positive numbers.









ANNEX X
COMMUNICATION OF VMS REPORTS







Position Report




Vessel identity: At least two identifiers shall be used. IMO shall be used where available.




Data element


Status
(M = Mandatory
O = Optional
C = Compulsory if applicable)


Remarks




Radio call sign


M


Vessel registration detail; international radio call sign of the vessel




IR


M


CFR




External registration number


C


Vessel registration detail; the side number of the vessel or IMO number in the absence of a side number




IMO


C


Vessel registration detail; IMO must be used where available.




Flag State


M


Vessel registration detail; flag State of the vessel




Vessel name


O


Vessel registration detail; name of the vessel




Geographical coordinates


 


Position of the vessel transmitted by the VMS system at obtained date-time




Latitude (decimal)


M


Activity detail; position at time of obtained date-time




Longitude (decimal)


M


Activity detail; position at time of obtained date-time




Speed


M


Activity detail; speed of the vessel




Course


M


Activity detail; heading of the vessel




Type


M


Type of message shall be ‘ENTRY’ for the first VMS message from the Regulatory Area as detected by the FMC of the Contracting Party. Type of message shall be ‘EXIT’ for the first VMS message from outside the Regulatory Area as detected by the FMC of the Contracting Party, and the values for latitude and longitude are, in this type of message, optional. Type of message shall be ‘MANUAL’ for reports communicated by vessels with a defective satellite-tracking device.




Date/Time


M


Date when the position of the vessel was taken by the vessels navigation equipment









ANNEX XI
NAF FORMAT REPORTING
1.   Data transmission format
Each data transmission is structured as follows:






—


characters in accordance with ISO 8859.1;










—


each data transmission is structured as follows:






—


double slash (//) and the characters SR indicate the start of a message;










—


a double slash (//) and field code indicate the start of a data element;










—


a single slash (/) separates the field code and the data;










—


pairs of data are separated by space;










—


the characters ‘ER’ and a double slash (‘//’) indicate the end of a record.








2.   Format for electronic exchange of fisheries monitoring, inspection and surveillance information










Format for electronic exchange of fisheries monitoring, inspection and surveillance information




Category


Data element


Field code


Type


Contents


Definitions




System details


Start record


SR


 


 


Indicates start of the record




End record


ER


 


 


Indicates end of the record




Return status


RS


Char*3


Codes


ACK / NAK = Acknowledged / Not Acknowledged




Return error number


RE


Num*3


001- 999


Codes indicating errors as received at operation centre, see point 3 of Annex XI




Message details


Address destination


AD


Char*3


ISO-3166 Address


Address of the party receiving the message, XNE for NEAFC




From


FR


Char*3


ISO-3166 Address


Address of the transmitting party, (Contracting Party)




Type of message


TM


Char*3


Code


First three letters of the message type




Sequence number


SQ


Num*6


NNNNNN


Serial number of messages sent from a vessel to the final destination (XNE). It is unique for each vessel for a calendar year. At the beginning of the current year this value will be reset to 1 for each vessel and will increment at the sending of each message.




Record number


RN


Num*6


NNNNNN


Serial number of records sent from the FMC to XNE. It is unique for each FMC for a calendar year. At the beginning of the current year this value will be reset to 1 and will increment at the sending of each record.




Record date


RD


Num*8


YYYYMMDD


Year, month and day in UTC from the FMC




Record time


RT


Num*4


HHMM


Hours and minutes in UTC from the FMC




Date


DA


Num*8


YYYYMMDD


Year, month and day in UTC of first transmission. In cases of RET messages first transmission is from the FMC, in all other cases first transmission is from the vessel.




Time


TI


Num*4


HHMM


Hours and minutes in UTC of first transmission. In cases of RET messages first transmission is from the FMC, in all other cases first transmission is from the vessel.




Cancelled report


CR


Num*6


NNNNNN


Record number of the record to be cancelled




Year of the report cancelled


YR


Num*4


NNNN


Year in UTC of the report to be cancelled




Vessel registration details


Radio call sign


RC


Char*7


IRCS Code


International radio call sign of the vessel




Vessel name


NA


Char*45


 


Name of the vessel




IMO number


IM


Num*12


NNNNNNNNNNNN


IMO number of the vessel




External registration number


XR


Char*14


 


Side number of the vessel




Flag State


FS


Char*3


ISO-3166


State of registration




Contracting Party internal reference number


IR


Char*3 Char*9


ISO-3166 + max. 9 characters


Three letter country code followed by 9 character unique vessel identifier attributed by the flag State pursuant to registration




Port name


PO


Char*45


 


Port of registration of the vessel




Vessel owner


VO


Char*250


 


Name and address of the vessel owner




Vessel charterer


VC


Char*250


 


Name and address of the vessel charterer




Vessel details


Vessel capacity unit


VT


Char*2 Num*5


‘OC’ or ‘LC’ Tonnage


‘OC’ OSLO 1947 Convention ‘LC’ LONDON ICTM-69 Capacity of the vessel in metric tons




Vessel power unit


VP


Char*2 Num*5


0-99999


Indication of which measurement unit applies ‘HP’ or ‘KW’ Total main engine power




Vessel length


VL


Char*2 Num*3


‘OA’ or ‘PP’ length in metres


‘OA’ = length overall,
‘PP’ = length between perpendiculars
Total length of the vessel in meters, rounded to the nearest whole metre




Vessel type


TP


Char*3


Code


 




Fishing gear


GE


Char*3


FAO Code


International Standard Statistical Classification of the Fishing Gear




Licence Details


Date of issuing


IS


Num*8


YYYYMMDD


Date of authorisation to fish for one or more regulated species




Regulated resources


RR


Char*3


FAO Species Code


FAO Species Code for the regulated resources, separated by a space




Start date


SD


Num*8


YYYYMMDD


Date on which the validity of the authorisation/suspension commences




End date


ED


Num*8


YYYYMMDD


Expiry date of the validity of the authorisation to fish for the regulated resource




Limited authorisation


LU


Char*1


 


‘Y’ or ‘N’ to indicate whether a limited authorisation is valid or not




Surveillance / Observed details


Latitude


LA


Char*5


NDDMM (WGS-84)


e.g. //LA/N6535 = 65o 35′ North




Longitude


LO


Char*6


E/WDDDMM (WGS-84)


e.g. //LO/W02134 = 21o 34′ West




Speed


SP


Num*3


Knots * 10


e.g. //SP/105 = 10,5  knots




Means of surveillance


MI


Char*3


NEAFC Code


‘VES’ = surface vessel, ‘AIR’ = fixed wing aircraft, ‘HEL’ = helicopter




Assigned inspector CP ID


AI


Char*7


NEAFC Code


ISO-3166 code for the Contracting Party followed by 4 digit number repeated as needed




Observation Ser. No.


OS


Num*3


0–999


Serial number of the observation during relevant patrol in the Regulatory Area




Date of sighting


DA


Num*8


YYYYMMDD


Date when the vessel is sighted




Time of sighting


TI


Num*4


HHMM


Time in UTC when the vessel is sighted




Object identification


OI


Char*7


IRCS Code


International radio call sign of the sighted vessel




Photography


PH


Char*1


 


Was there a photography taken, ‘Y’ or ‘N’




Free text string


MS


Char*255


 


Free text area




3.   Return messages
The format specification when sending reports from the NEAFC Secretariat (XNE) to an FMC is as follows:








Return message format




Data element


Field code


Mandatory
/Optional


Remarks




Start record


SR


M


System detail; indicates start of record




Address


AD


M


Message detail; destination, Contracting Party sending the report




From


FR


M


Message detail; XNE is NEAFC (who is sending the return message)




Type of message


TM


M


Message detail; message type, RET for return message




Sequence number


SQ


O


Reporting detail; serial number of the report from the vessel in the relevant year, copied from the report which is received.




Radio call sign


RC


O


Reporting detail; international radio call sign of the vessel, copied from the report which is received.




Return status


RS


M


Reporting detail; code showing whether the report/message is acknowledged or not (ACK or NAK)




Return error number


RE


O


Reporting detail; number showing the type of error




Record number


RN


M


Reporting detail; record number of the report/message which is received




Date


DA


M


Message detail; date of transmission of the RET message from NEAFC (XNE) to the FMC




Time


TI


M


Message detail; time of transmission of the RET message from NEAFC (XNE) to the FMC




End of record


ER


M


System detail; indicates end of the record




4.   Return error numbers








Rejected (NAK) Follow-up action required


Accepted and Stored (ACK)
Follow-up action required


Accepted and Stored (ACK) with warning


Error cause




101


 


 


Message is unreadable




102


 


 


Data value or size out of range




104


 


 


Mandatory data missing




105


 


 


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




106


 


 


Unauthorised data source




 


 


150


Sequence error




 


 


151


Date/Time in the future




 


 


155


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




 


 


250


Attempt to re-Notify a vessel




 


251


 


Vessel is not notified




 


252


 


Species not AUT, or LIM or SUS




5.   Types of messages and reports







Code


Message/report


Remarks




RET


Return


Automatic electronic message pursuant to reception of records




SEN


Surveillance entry


Report transmitted by Contracting Party on the entry of surveillance craft in the Regulatory Area




SEX


Surveillance exit


Report transmitted by Contracting Party on the exit of surveillance craft from the Regulatory Area




OBS


Observation


Report transmitted by Contracting Party on observations of fishing vessels in the Regulatory Area by its inspectors assigned under this Regulation




The list of codes of fishing vessel types and gear types shall be in accordance with the NEAFC Master Data Register available at https://www.neafc.org/mdr.





ANNEX XII
FMC MARKING
The FMC shall use the following codes to tag reports before transmitting those reports to the NEAFC Secretariat when needed:






Code (one letter)


Description




D


Reports sent delayed and without changes from the FMC




C


Reports corrected or cancelled by the FMC




M


Reports manually registered by the FMC




The reports shall fulfill all technical requirements and format requirements.





ANNEX XIII
IDENTIFICATION OF INSPECTORS










The size of the card shall be 10 × 7 cm and may be plastic laminated. The card number consists of the 3-alpha country code followed by a four-digit serial number of the Contracting Party.





ANNEX XIV
NOTIFICATION OF INSPECTORS AND INSPECTION PLATFORMS
1.   Inspectors








Data element


Field code


Status
(M = Mandatory)
(O = Optional)


Remarks




Inspector’s name


NA


M


The name of the inspector




CP unique ID


ID


M


The unique Contracting Party number preceded by the 3-alpha country code




Email address


*


M


Email address of the inspector




2.   Inspection platforms








Data Element


Field code


Status
(M = Mandatory)
(O = Optional)


Remarks




Type


*


M


Vessel, aircraft or helicopter




Flag State


FS


M


Flag State of the platform




Registration number


*


O


Flag State registration if available




Name


NA


O


Name of the platform if available




Radio call sign


RC


M


International radio call sign (IRCS)




Radio frequencies


*


M


Available radio frequencies (2 182  kHz, Channel 16 etc.)




Telephone


*


O


Telephone number(s) if available




Email


*


O


Email address(es) if available









ANNEX XV
NEAFC INSPECTION SIGNAL
Two pennants, one directly above the other, are to be flown during daylight and in conditions of normal visibility.





Boarding crafts shall display one inspection pennant as indicated below. The pennant may be half scale. The pennant may be painted on the hull or any vertical sides of the craft. When painted, the black letters ‘NE’ may be left out.





ANNEX XVI
NOTIFICATION OF SURVEILLANCE ACTIVITIES
1.   Report of entry of surveillance craft in the Regulatory Area







Surveillance Entry Message (SEN)




Data element


Status
(M = Mandatory)
(O = Optional)


Remarks




From


M


Message detail; address of the transmitting Contracting Party




Record number


M


Message detail; message serial number in current year




Type of message


M


Message detail; message type, SEN as entry report of the surveillance craft in the Regulatory Area




Record date


M


Message detail; date of transmission




Record time


M


Message detail; time of transmission




Means of surveillance


M


Surveillance detail; VES to indicate surface craft, AIR to indicate fixed wing aircraft, HEL to indicate helicopter




Radio call sign


M


Surveillance detail; international radio call sign of the surveillance craft




Assigned inspectors ID


M


Surveillance detail; card number, repeated as necessary




Date


M


Surveillance detail; date of entry (1)





Time


M


Surveillance detail; time of entry (1)





Latitude


M


Surveillance detail; position at time of entry (1)





Longitude


M


Surveillance detail; position at time of entry (1)





End record


M


System detail; Indicates end of the record




2.   Report of exit of surveillance craft from the Regulatory Area







Surveillance Exit Message (SEX)




Data element


Status
(M = Mandatory)
(O = Optional)


Remarks




From


M


Message detail; address of the transmitting Contracting Party




Record number


M


Message detail; message serial number in current year




Type of message


M


Message detail; message type, SEX as exit report of the surveillance craft from the Regulatory Area




Record date


M


Message detail; date of transmission




Record time


M


Message detail; time of transmission




Means of surveillance


M


Surveillance detail; VES to indicate surface craft, AIR to indicate fixed wing aircraft, HEL to indicate helicopter




Radio call sign


M


Surveillance detail; international radio call sign of the surveillance craft




Date


M


Surveillance detail; date of exit (2)





Time


M


Surveillance detail; time of exit (2)





Latitude


M


Surveillance detail; position at time of exit (2)





Longitude


M


Surveillance detail; position at time of exit (2)





End record


M


System details; Indicates end of the record






(1)  Estimated when message is sent prior to entry of surveillance craft.

(2)  Same as the estimated surveillance detail in the SEN message when that message is being cancelled





ANNEX XVII
SIGHTING REPORT








Sighting Report (OBS)




Data element


Code


Status
(M = Mandatory)
(O = Optional)


Remarks




Start record


SR


M


System detail; indicates start of record




Address


AD


M


Message detail; destination, XNE for NEAFC




From


FR


M


Message detail; address of the transmitting Contracting Party




Record number


RN


M


Message detail; serial number in current year




Type of message


TM


M


Message detail; message type, OBS as observation report




Radio call sign


RC


M


Surveillance detail; international radio call sign of the surveillance craft




Record date


RD


M


Message detail; date of transmission




Record time


RT


M


Message detail; time of transmission




Observation serial number


OS


M


Surveillance detail; observation serial number




Date


DA


M


Surveillance detail; date when vessel sighted




Time


TI


M


Surveillance detail; time when vessel sighted




Latitude


LA


M


Surveillance detail; latitude when vessel sighted




Longitude


LO


M


Surveillance detail; longitude where vessel sighted




Object identification


OI


M


Vessel registration detail; radio call sign of the sighted vessel




External registration number


XR


M


Vessel registration detail; side number of the sighted vessel or IMO number in the absence of a side number




Vessel name


NA


O


Vessel registration detail; name of the sighted vessel




Flag State


FS


M


Vessel registration detail; flag State of the sighted vessel




Vessel type


TP


O


Vessel characteristics; type of the sighted vessel




Speed


SP


O


Surveillance detail; speed of the sighted vessel




Course


CO


O


Surveillance detail; heading of the sighted vessel




Activity


AC


M


Surveillance detail; activity of the sighted vessel




Photograph


PH


M


Surveillance detail; was there a photograph taken of the sighted vessel, ‘Y’ or ‘N’




Comments


MS


O


Surveillance detail; free text to complete the report




End of record


ER


M


System detail; indicates end of an individual record




Positive identification can only be achieved by means of visual verification of the radio call sign or the external registration number displayed on the vessel.
If positive identification is not possible, the reason shall be specified in the comments field.
The list of activities of the sighted vessel shall be in accordance with the NEAFC Master Data Register available at https://www.neafc.org/mdr.





ANNEX XVIII






































































ANNEX XIX
CONSTRUCTION AND USE OF BOARDING LADDERS

1.   

A boarding ladder shall be provided which shall be efficient for the purpose of enabling inspectors to embark and disembark safely at sea. The boarding ladder shall be kept clean and in good order.



2.   
The ladder shall be positioned and secured so that:






(a)


it is clear of any possible discharges from the vessel;










(b)


it is clear of the finer lines and as far as practicable in the midlength of the vessel;










(c)


each step rests firmly against the vessel’s side.






3.   
The steps of the boarding ladder shall:






(a)


be of hardwood or other material of equivalent properties, made in one piece free of knots; the four lowest steps may be made of rubber of sufficient strength and stiffness, or of other suitable material of equivalent characteristics;










(b)


have an efficient non-slip surface;










(c)


be not less than 480 mm long, 115 mm wide, and 23 mm in thickness, excluding any non-slip device or grooving;










(d)


be equally spaced not less than 300 mm or more than 380 mm apart;










(e)


be secured in such a manner that they will remain horizontal.






4.   

No boarding ladder shall have more than two replacement steps which are secured in position by a method different from that used in the original construction of the ladder and any steps so secured shall be replaced, as soon as reasonably practicable, by steps secured in position by the method used in the original construction of the ladder. When any replacement step is secured to the side ropes of the boarding ladder by means of grooves in the side of the step, such grooves shall be in the longer sides of the steps.



5.   

The side ropes of the ladder shall consist of two uncovered manila or equivalent ropes not less than 60 mm in circumference on each side; each rope shall be left uncovered by any other material and be continuous with no joints below the top step; two main ropes, properly secured to the vessel and not less than 65 mm in circumference, and a safety line shall be kept at hand ready for use if required.



6.   

Battens made of hardwood, or other material of equivalent properties, in one piece, free of knots and between 1,8 and 2 m long, shall be provided at such intervals as will prevent the boarding ladder form twisting. The lowest batten shall be on the fifth step from the bottom of the ladder and the interval between any batten and the next shall not exceed nine steps.



7.   

Means shall be provided to ensure safe and convenient passage for inspectors embarking on or disembarking from the vessel between the head of the boarding ladder or of any accommodation ladder or other appliance provided. Where such passage is by means of a gateway in the rails or bulwark, adequate handholds shall be provided. Where such passage is by means of a bulwark ladder, such ladder shall be securely attached to the bulwark rail or platform and two handhold stanchions shall be fitted at the point of boarding or leaving the vessel not less than 0,70 m or more than 0,80 m apart. Each stanchion shall be rigidly secured to the vessel’s structure at or near its base and also at a higher point, shall be not less than 40 mm in diameter, and shall extend not less than 1,20 m above the top of the bulwark.



8.   

Lighting shall be provided at night so that both the boarding ladder overside and also the position where the inspector boards the vessel shall be adequately lit. A lifebuoy equipped with a self-igniting light shall be kept at hand ready for use. A heaving line shall be kept at hand ready for use if required.



9.   

Means shall be provided to enable the boarding ladder to be used on either side of the vessel. The inspector in charge may indicate on which side that inspector would like the boarding ladder to be positioned.



10.   

The rigging of the ladder and the embarkation and disembarkation of an inspector shall be supervised by a responsible officer of the vessel. The responsible officer shall be in radio contact with the bridge.



11.   

Where on any vessel constructional features such as rubbing bands would prevent the implementation of any of these provisions, special arrangements shall be made to ensure that inspectors are able to embark and disembark safely.







ANNEX XX
INFORMATION TO DESIGNATE PORTS











Port identification




Country


Port name (1)



Port code (1)

(UN/LOCODE, if available)


Border inspection control post
(Yes/No)


Type of port




Landing


Transhipment


Other port services




 


 


 


 


 


 


 






(1)  Code and name appearing on the UNECE list.





ANNEX XXI
PORT STATE CONTROL FORMS



































ANNEX XXII
GENERAL GUIDELINES FOR RISK MANAGEMENT IN RELATION TO PORT STATE CONTROL

1.   

Risk management means the systematic identification of risks and the implementation of all measures necessary for limiting the occurrence of those risks. This includes activities such as collecting data and information, analysing and assessing risks, preparing and taking action and regular monitoring and review of the process and its outcomes.



2.   

On the basis of a risk assessment, Member States in coordination with EFCA shall define a risk-management strategy to facilitate compliance with this Regulation. That strategy should encompass the identification, description and allocation of appropriate cost-effective control instruments and inspection means, in relation to the nature and the estimated level of each risk, and the achievement of target benchmarks.



3.   

Risk-assessment and management criteria are laid down for checking, inspection and verification activities in order to allow timely risk analyses and general assessments of relevant control and inspection information.



4.   
Individual fishing vessels, groups of fishing vessels, operators, and/or fishing activity on different species and in different parts of the Convention Area are subject to control and inspections in accordance with the level of risk attributed, using, inter alia, the following general assumptions of risk-level criteria in relation to the port State control of landings and transhipments in port:






(a)


catches taken by a non-Contracting Party vessel;










(b)


frozen catches;










(c)


catches of a large volume;










(d)


catches previously transhipped at sea;










(e)


catches taken outside the waters under the jurisdiction of Contracting Parties, i.e. in the Regulatory Area;










(f)


catches taken both inside and outside the Convention Area;










(g)


catches of high value species;










(h)


catches of fishery resources for which there are particularly limited fishing opportunities; and










(i)


number of inspections previously carried out and number of detected infringements for a vessel and/or operator.










ANNEX XXIII
PORT INSPECTION FORM






































ELI: http://data.europa.eu/eli/reg/2024/2594/oj
ISSN 1977-0677 (electronic edition)