Article 34 Procedures relating to infringements
1. Each inspecting Member State shall ensure that its inspectors upon detecting an infringement of this Regulation: (a) record the infringement in the inspection report; (b) enter and sign a notation in the fishing logbook or other relevant document of the inspected vessel indicating the date, geographical coordinates, and nature of the infringement, make a copy of any relevant entry and request that the master of the vessel sign each page to verify that it is a true copy of the original; (c) record images of any gear, catch, or other evidence the inspector deems necessary relating to the infringement; (d) affix securely the inspection seal depicted in NAFO Inspection Seal provided in Annex IV.F to the CEM referred to in point 42 of the Annex to this Regulation, as appropriate, and duly note the action taken and the serial number of each seal in the inspection report; (e) request the master of the vessel: (i) in order to secure the continuity of evidence, to sign the appropriate section of the inspection report acknowledging the placement of seals; and (ii) to give a written statement in the appropriate section of the inspection report; (f) request that the master of the vessel remove any part of the fishing gear which appears to be unauthorised under this Regulation; and (g) where practicable, notify the observer of the infringement. 2. The inspecting Member State shall: (a) within 24 hours from detection of the infringement, transmit to the Commission and EFCA, which shall in turn transmit to the competent authority of the flag State Contracting Party or Member State if different from the inspecting Member State, and the NAFO Executive Secretary, written notification of the infringement reported by its inspectors. The written notification shall include the information entered in point 15 of the inspection report in Annex IV.B to the CEM referred to in point 41 of the Annex to this Regulation, cite the relevant measures and describe in detail the basis for issuing the notice of infringement, and the evidence in support of the notice, and where possible, be accompanied by images of any gear, catch or other evidence relating to the infringement referred to in paragraph 1 of this Article; (b) within five days of the inspection vessel's return to port, transmit the inspection report to the Commission and EFCA; EFCA shall post the inspection report on the NAFO MCS website in PDF format. 3. The follow-up to infringements by the flag Member State shall be conducted in accordance with the provisions of Article 36.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The main purpose of the proposal is to turn into Union law the amendments to the conservation and enforcement measures adopted by the Northwest Atlantic Fisheries Organisation (NAFO) at its last annual meeting in 2019. The proposal also includes the NAFO editorial improvements and adapts the wording to the EU legal context. NAFO is the regional fisheries management organisation responsible for managing fishery resources in the Northwest Atlantic under its purview. NAFO’s conservation and management measures apply exclusively to the NAFO Regulatory Area, the high seas, defined as the area that lies beyond the area where coastal states exercise fisheries jurisdiction. The EU has been a Contracting Party to NAFO since 1979. The NAFO Convention states that the conservation measures adopted by the NAFO Commission are binding (Articles XIV, VI.8 and VI.9) and that the contracting parties are required to implement them. Article 3(5) of the Treaty on European Union stipulates that the EU must abide strictly by international law. This includes compliance with NAFO’s conservation and enforcement measures. Regulation (EU) 2019/833 turned into Union law the NAFO conservation and enforcement measures. This proposal covers most the recent amendments adopted by NAFO. These amendments entered into force for the Union on 2 December 2019 and apply from that date. 
Revised version (Article 34 Procedures relating to infringements):
Each inspecting Member State shall ensure that its inspectors upon detecting an infringement of this Regulation: (a) record the infringement in the inspection report; (b) enter and sign a notation in the fishing logbook or other relevant document of the inspected vessel indicating the date, geographical coordinates, and nature of the infringement, make a copy of any relevant entry and request that the master of the vessel sign each page to verify that it is a true copy of the original; (c) record images of any gear, catch, or other evidence the inspector deems necessary relating to the infringement; (d) affix securely the inspection seal depicted in NAFO Inspection Seal provided in Annex IV.F to the CEM referred to in point 42 of the Annex to this Regulation, as appropriate, and duly note the action taken and the serial number of each seal in the inspection report; request the master of the vessel: (i) in order to secure the continuity of evidence, to sign the appropriate section of the inspection report acknowledging the placement of seals; and (ii) to give a written statement in the appropriate section of the inspection report; request the master of the vessel: (i) in order to secure the continuity of evidence, to sign the appropriate section of the inspection report acknowledging the placement of seals; and (ii) to give a written statement in the appropriate section of the inspection report; (f) request that the master of the vessel remove any part of the fishing gear which appears to be unauthorised under this Regulation; and (g) notify any observer on board of the infringement. 2. The inspecting Member State shall: (a) within 24 hours from detection of the infringement, transmit to the Commission and EFCA, which shall in turn transmit to the competent authority of the flag State Contracting Party or Member State if different from the inspecting Member State, and the NAFO Executive Secretary, written notification of the infringement reported by its inspectors. The written notification shall include the information entered in the Infringement section of the inspection report in Annex IV.B to the CEM referred to in point 41 of the Annex to this Regulation, cite the relevant measures and describe in detail the basis for issuing the notice of infringement, and the evidence in support of the notice, and where possible, be accompanied by images of any gear, catch or other evidence relating to the infringement referred to in paragraph 1 of this Article; (b) within five days of the inspection vessel's return to port, transmit the inspection report to the Commission and EFCA; The inspecting Member State shall: (a) within 24 hours from detection of the infringement, transmit to the Commission and EFCA, which shall in turn transmit to the competent authority of the flag State Contracting Party or Member State if different from the inspecting Member State, and the NAFO Executive Secretary, written notification of the infringement reported by its inspectors. The written notification shall include the information entered in the Infringement section of the inspection report in Annex IV.B to the CEM referred to in point 41 of the Annex to this Regulation, cite the relevant measures and describe in detail the basis for issuing the notice of infringement, and the evidence in support of the notice, and where possible, be accompanied by images of any gear, catch or other evidence relating to the infringement referred to in paragraph 1 of this Article; (b) within five days of the inspection vessel's return to port, transmit the inspection report to the Commission and EFCA; EFCA shall submit the inspection report to the NAFO Executive Secretary. 3. The follow-up to infringements by the flag Member State shall be conducted in accordance with the provisions of Article 36.
Article 35 Additional procedures for serious infringements
1. Each of the following violations constitutes a serious infringement, within the meaning of Article 90 of Regulation (EC) No 1224/2009: (a) fishing an ‘Others’ quota without prior notification to the Commission in contravention of Article 5; (b) fishing an ‘Others’ quota more than five working days following closure of the fishery in contravention of Article 5; (c) directed fishing for a stock which is subject to a moratorium, or for which fishing is otherwise prohibited, in contravention of Article 6; (d) directed fishing for stocks or species after the date of closure of the fishery by the flag Member State notified to the Commission, in contravention of Article 6; (e) fishing in a closed area, in contravention of Article 9(5) and Article 11; (f) fishing with a bottom fishing gear in an area closed to bottom fishing activities, in contravention of Chapter III; (g) using an unauthorised mesh size in contravention of Article 13; (h) fishing without a valid authorisation; (i) mis-recording of catches in contravention of Article 25; (j) failing to carry or interfering with the operation of the satellite monitoring system in contravention of Article 26; (k) failure to communicate messages relating to catch in contravention of Article 10(3) or Article 25; (l) obstructing, intimidating, interfering with or otherwise preventing inspectors or observers from performing their duties, or exerting any other form of indirect pressure; (m) committing an infringement where there is no observer on board; (n) concealing, tampering with or disposing of evidence relating to an investigation, including the breaking or tampering of seals or gaining access to sealed areas; (o) presentation of falsified documents or providing false information to an inspector that would prevent a serious infringement from being detected; (p) landing, transhipment or making use of other port services: (i) in a port not designated in accordance with the provisions of Article 39(1); or (ii) without authorisation of the port State referred to in Article 39(6); (q) failure to comply with the provisions of Article 41(1); (r) failure to carry an observer, if this is required. 2. Where citing a vessel for having committed a serious infringement, the inspector shall: (a) take all measures necessary to ensure security and continuity of evidence, including, as appropriate, sealing the vessel's hold and/or fishing gear for further inspection; (b) request that the master of the vessel cease all fishing activity that appears to constitute a serious infringement; and (c) immediately notify the inspector's competent authority, and transmit to it the information, and where possible images, within 24 hours. The competent authority receiving this information shall notify the flag State Contracting Party or Member State if different from the inspecting Member State in accordance with Article 34. 3. In the case of a serious infringement concerning a vessel flying its flag, the flag Member States shall: (a) acknowledge receipt of the related information and images without delay; (b) ensure the inspected vessel does not resume fishing until further notification; (c) using all information and material available, review the case and, within 72 hours require the vessel to proceed immediately to a port for a full inspection under its authority, if any of the following serious infringements are apparent: (i) directed fishing for a stock which is subject to a moratorium; (ii) directed fishing for a stock for which fishing is prohibited under Article 6; (iii) mis-recording of catch, in contravention of Article 25; or (iv) repetition of the same serious infringement during a 6-month period. 4. Where the serious infringement is misrecording of catch, the full inspection shall ensure the physical inspection and enumeration of total catch on board, by species and Division. 5. For the purposes of this Article, ‘misrecording of catches’ means a difference of at least 10 tonnes or 20 %, whichever is greater, between the inspectors' estimates of processed catch on board, by species or in total, and the figures recorded in the production logbook, calculated as a percentage of the production logbook figures. 6. Subject to the consent of the flag Member State and, if the port State NAFO Contracting Party is not the same as the inspector's Member State, inspectors of that NAFO port Contracting Party or port Member State may participate in the full inspection and enumeration of the catch. 7. If point (c) of paragraph 3 does not apply, the flag Member State shall either: (a) allow the vessel to resume fishing. In such a case, the flag Member State shall not later than two days following the notice of infringement provide written justification to the Commission on why the vessel has not been ordered to port. The commission shall transmit that justification to the NAFO Executive Secretary; or (b) require the vessel to proceed immediately to a port for a full physical inspection, under its authority. 8. Where the flag Member State orders the inspected vessel to port, the inspectors may board or remain on board the vessel as it proceeds to port, provided that the flag Member State does not require the inspectors to leave the vessel.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The main purpose of the proposal is to turn into Union law the amendments to the conservation and enforcement measures adopted by the Northwest Atlantic Fisheries Organisation (NAFO) at its last annual meeting in 2019. The proposal also includes the NAFO editorial improvements and adapts the wording to the EU legal context. NAFO is the regional fisheries management organisation responsible for managing fishery resources in the Northwest Atlantic under its purview. NAFO’s conservation and management measures apply exclusively to the NAFO Regulatory Area, the high seas, defined as the area that lies beyond the area where coastal states exercise fisheries jurisdiction. The EU has been a Contracting Party to NAFO since 1979. The NAFO Convention states that the conservation measures adopted by the NAFO Commission are binding (Articles XIV, VI.8 and VI.9) and that the contracting parties are required to implement them. Article 3(5) of the Treaty on European Union stipulates that the EU must abide strictly by international law. This includes compliance with NAFO’s conservation and enforcement measures. Regulation (EU) 2019/833 turned into Union law the NAFO conservation and enforcement measures. This proposal covers most the recent amendments adopted by NAFO. These amendments entered into force for the Union on 2 December 2019 and apply from that date. 
Revised version (Article 35 Additional procedures for serious infringements):
Each of the following violations constitutes a serious infringement, within the meaning of Article 90 of Regulation (EC) No 1224/2009: (a) fishing the ‘Others’ quota without prior notification to the Commission and EFCA in contravention of Article 5; (b) fishing an ‘Others’ quota more than five working days following closure of the fishery in contravention of Article 5; (c) directed fishing for a stock which is subject to a moratorium, or for which fishing is otherwise prohibited, in contravention of Article 6; (d) directed fishing for stocks or species after the date of closure of the fishery by the flag Member State notified to the Commission, in contravention of Article 6; (e) fishing in closed area, in contravention of Article 9(5) or Article 18; (f) fishing with a bottom fishing gear in an area closed to bottom fishing activities, in contravention of Chapter III; (g) using an unauthorised mesh size or grid size in contravention of Article 13 or Article 14; (h) fishing without a valid authorisation; (i) mis-recording of catches in contravention of Article 25; (j) failing to carry or interfering with the operation of the satellite monitoring system in contravention of Article 26; (k) failure to communicate messages relating to catch in contravention of Article 12(1) or Article 25; (l) obstructing, intimidating, interfering with or otherwise preventing inspectors or observers from performing their duties, or exerting any other form of indirect pressure; (m) committing an infringement where there is no observer on board; (n) concealing, tampering with or disposing of evidence relating to an investigation, including the breaking or tampering of seals or gaining access to sealed areas; (o) presentation of falsified documents or providing false information to an inspector that would prevent a serious infringement from being detected; landing, transhipment or making use of other port services: (i) in a port not designated in accordance with the provisions of Article 39(1); or (ii) without authorisation of the port State referred to in Article 39(6); (q) failure to comply with the provisions of Article 41(1); (r) failure to carry an observer, if this is required. 2. Where citing a vessel for having committed a serious infringement, the inspector shall: (a) take all measures necessary to ensure security and continuity of evidence, including, as appropriate, sealing the vessel's hold and/or fishing gear for further inspection; (b) request that the master of the vessel cease all fishing activity that appears to constitute a serious infringement; and (c) immediately notify the inspector's competent authority, and transmit to it the information, and where possible images, within 24 hours. The competent authority receiving this information shall notify the flag State Contracting Party or Member State if different from the inspecting Member State in accordance with Article 34. In the case of a serious infringement concerning a vessel flying its flag, the flag Member States shall: (a) acknowledge receipt of the related information and images without delay; (b) ensure the inspected vessel does not resume fishing until further notification; using all information and material available, review the case and, within 72 hours require the vessel to proceed immediately to a port for a full inspection under its authority, if any of the following serious infringements are apparent: (i) directed fishing for a stock which is subject to a moratorium; (ii) directed fishing for a stock for which fishing is prohibited under Article 6; (iii) mis-recording of catch, in contravention of Article 25; or (iv) repetition of the same serious infringement during a 6-month period. 4. Where the serious infringement is misrecording of catch, the full inspection shall ensure the physical inspection and enumeration of total catch on board, by species and Division. 5. For the purposes of paragraphs 3 and 4, ‘misrecording of catches’ means a difference of at least 10 tonnes or 20 %, whichever is greater, between the inspectors’ estimates of processed catch on board, by species or in total, and the figures recorded in the production logbook, calculated as a percentage of the production logbook figures. 6. Subject to the consent of the flag Member State and of the port State Contracting Party if different, inspectors of another Contracting Party or Member State may participate in the full inspection and enumeration of the catch. If point (c) of paragraph 3 does not apply, the flag Member State shall either: (a) allow the vessel to resume fishing. In such a case, the flag Member State shall not later than two days following the notice of infringement provide written justification to the Commission on why the vessel has not been ordered to port. The commission shall transmit that justification to the NAFO Executive Secretary; or (b) require the vessel to proceed immediately to a port for a full physical inspection, under its authority. 8. Where the flag Member State orders the inspected vessel to port, the inspectors may board or remain on board the vessel as it proceeds to port, provided that the flag Member State does not require the inspectors to leave the vessel.
Article 36 Follow-up to infringements
1. In the case of an infringement by a vessel flying its flag, the Member State shall: (a) investigate fully, including, if necessary, by physically inspecting the fishing vessel at the earliest opportunity; (b) cooperate with the inspecting NAFO Contracting Party or inspecting Member State if different from the flag Member State to preserve the evidence and the chain of custody in a form that will facilitate proceedings in accordance with its laws; (c) take immediate judicial or administrative action in conformity with its national legislation against the persons responsible for the vessel; and (d) ensure that sanctions applicable in respect of infringements are adequate in severity to be effective in securing compliance, deterring further infringements or their repetition and depriving the offenders of the benefits accruing from the infringement. 2. The judicial or administrative action and sanctions referred to in points (c) and (d) of paragraph 1 may include, but shall not be limited to, the following, depending on the gravity of the offence and in accordance with domestic law: (a) fines; (b) seizure of the vessel, illegal fishing gear and catches; (c) suspension or withdrawal of authorisation to conduct fishing activities; and (d) reduction or cancellation of any fishing allocations. 3. Each flag Member State shall ensure that it treats all notices of infringement as if the infringement was reported by its own inspectors. 4. The flag Member State and the port Member State shall immediately notify the Commission: (a) the judicial or administrative action and sanctions referred to in points (c) and (d) of paragraph 1; (b) as soon as practicable but no later than four months following the occurrence of a serious infringement, a report setting out the progress of the investigation, including details of any action it has taken or has initiated in relation to the infringement; and (c) upon completion of its investigation, a report on the final outcome.
Article 37 Member State reports on inspection, surveillance and infringements
1. Each Member State shall by 1 February each year report to the Commission and to EFCA, in accordance with the Scheme, the following information: (a) the number of inspections of fishing vessels flying its flag and fishing vessels flying the flag of another NAFO Contracting Party it carried out in the previous calendar year; (b) the name of every fishing vessel in relation to which its inspectors have issued a notice of infringement, including the date and position of the inspection and the nature of the infringement; (c) the number of hours flown by its surveillance aircraft on patrol, the number of sightings made by such aircraft, the number of surveillance reports it has transmitted and, for each such report, the date, time and position of the sightings; (d) the action it has taken during the previous year, including a description of the specific terms of any judicial or administrative actions or sanctions imposed (for example the amount of fines, value of forfeited fish and/or gear, written warnings given), concerning: (i) every infringement cited by an inspector relating to vessels flying its flag; and (ii) each surveillance report it has received. By 1 March each year, the Commission shall transmit the information referred to in the first subparagraph to the NAFO Executive Secretary. 2. The reports referred to in point (d) of the first subparagraph of paragraph 1 shall indicate the current status of the case. The Member State shall continue to list such infringement in each subsequent report until it reports the final outcome of the infringement. 3. A Member State shall provide a sufficiently detailed explanation regarding every infringement for which it has taken no action or where no penalties were imposed.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The main purpose of the proposal is to turn into Union law the amendments to the conservation and enforcement measures adopted by the Northwest Atlantic Fisheries Organisation (NAFO) at its last annual meeting in 2019. The proposal also includes the NAFO editorial improvements and adapts the wording to the EU legal context. NAFO is the regional fisheries management organisation responsible for managing fishery resources in the Northwest Atlantic under its purview. NAFO’s conservation and management measures apply exclusively to the NAFO Regulatory Area, the high seas, defined as the area that lies beyond the area where coastal states exercise fisheries jurisdiction. The EU has been a Contracting Party to NAFO since 1979. The NAFO Convention states that the conservation measures adopted by the NAFO Commission are binding (Articles XIV, VI.8 and VI.9) and that the contracting parties are required to implement them. Article 3(5) of the Treaty on European Union stipulates that the EU must abide strictly by international law. This includes compliance with NAFO’s conservation and enforcement measures. Regulation (EU) 2019/833 turned into Union law the NAFO conservation and enforcement measures. This proposal covers most the recent amendments adopted by NAFO. These amendments entered into force for the Union on 2 December 2019 and apply from that date. 
Revised version (Article 37 Member State reports on inspection, surveillance and infringements):
Each Member State shall by 1 February each year report to the Commission and to EFCA, in accordance with the Scheme, the following information: (a) the number of inspections of fishing vessels flying its flag and fishing vessels flying the flag of another NAFO Contracting Party it carried out in the previous calendar year; (b) the name of every fishing vessel in relation to which its inspectors have issued a notice of infringement, including the date and position of the inspection and the nature of the infringement; (c) the number of hours flown by its surveillance aircraft on patrol, the number of sightings made by such aircraft, the number of surveillance reports it has transmitted and, for each such report, the date, time and position of the sightings; the action it has taken during the previous year, including a description of the specific terms of any judicial or administrative actions or sanctions imposed (for example the amount of fines, value of forfeited fish and/or gear, written warnings given), concerning: (i) every infringement cited by an inspector relating to vessels flying its flag; and (ii) each surveillance report it has received. the action it has taken during the previous year, including a description of the specific terms of any judicial or administrative actions or sanctions imposed (for example the amount of fines, value of forfeited fish and/or gear, written warnings given), concerning: (i) every infringement cited by an inspector relating to vessels flying its flag; and (ii) each surveillance report it has received. By 1 March each year, the Commission shall transmit the information referred to in the first subparagraph to the NAFO Executive Secretary. 2. The reports referred to in point (d) of the first subparagraph of paragraph 1 shall indicate the current status of the case. The Member State shall continue to list such infringement in each subsequent report until it reports the final outcome of the infringement. 3. A Member State shall provide a sufficiently detailed explanation regarding every infringement for which it has taken no action or where no penalties were imposed.
Article 38 Scope
This Chapter applies to landing, transhipments, or use of ports of Member States by fishing vessels flying the flag of another NAFO Contracting Party, conducting fishing activities in the Regulatory Area. This Chapter applies to vessels carrying catches in the Regulatory Area, or fishery products originating from such catches, that have not been previously landed or transhipped at a port.
Article 39 Duties of the port Member State
1. The port Member State shall provide the Commission and EFCA with a list of designated ports to which fishing vessels may be permitted entry for the purpose of landing, transhipment and/or provision of port services, and shall to the greatest extent possible ensure that each designated port has sufficient capacity to conduct inspections pursuant to this Chapter. The Commission shall post the list of designated ports on the NAFO MCS website, in PDF format. Any subsequent changes to the list shall be posted in replacement of the previous one no less than 15 days before the change comes into effect. 2. The port Member State shall establish a minimum prior request period. The prior request period shall be three working days before the estimated time of arrival. However, in agreement with the Commission, the port Member State may make provisions for another prior request period, taking into account, inter alia, the catch product type or the distance between fishing grounds and its ports. The port Member State shall provide the information on the prior request period to the Commission, which shall post it on the NAFO MCS website, in PDF format. 3. The port Member State shall designate the competent authority which shall act as the contact point for the purposes of receiving requests in accordance with Article 41, receiving confirmations in accordance with Article 40(2) and issuing authorisations in accordance with paragraph 6 of this Article. The port Member State shall provide the name of the competent authority and its contact information to the Commission, which shall post this information on the NAFO MCS website, in PDF format. 4. The requirements set out in paragraphs 1, 2 and 3 do not apply where the Union does not permit landings, transhipments, or use of ports by vessels flying the flag of another NAFO Contracting Party. 5. The port Member State shall forward a copy of the form referred to in Article 41(1) and (2) without delay to the flag NAFO Contracting Party of the vessel and to the flag NAFO Contracting Party of donor vessels where the vessel has engaged in transhipment operations. 6. Fishing vessels may not enter port without prior authorisation by the competent authorities of the port Member State. Authorisation to land or tranship or make use of other port services shall only be given if the confirmation from the flag NAFO Contracting Party as referred to in Article 40(2) has been received. 7. By way of derogation from paragraph 6, the port Member State may authorise all or part of a landing in the absence of the confirmation referred to in that paragraph subject to the following conditions: (a) the fish concerned shall be kept in storage under the control of the competent authorities; (b) the fish shall only be released to be sold, taken over, produced, or transported once the confirmation referred to in paragraph 6 has been received; (c) if the confirmation has not been received within 14 days of completion of the landing operations, the port Member State may confiscate and dispose of the fish in accordance with national rules. 8. The port Member State shall without delay notify the master of the vessel of its decision on whether to authorise or deny the port entry or, if the vessel is in port, the landing, transhipment and other use of port. If the vessel entry is authorised the port Member State shall return to the master of the vessel a copy of the form Port State Control Prior Request Form in Annex II.L to the CEM referred to in point 43 of the Annex to this Regulation with Part C duly completed. This copy shall also be sent to the Commission, which shall post it on the NAFO MCS website without delay. In the case of a denial the port Member State shall also notify the flag NAFO Contracting Party. 9. In case of cancellation of the prior request referred to in Article 41(2) the port Member State shall send a copy of the cancelled Port State Control Prior Request Form to the Commission, which shall post it on the NAFO MCS website, for automatic transmission to the flag NAFO Contracting Party. 10. Unless otherwise required in a recovery plan, the port Member State shall carry out inspections of at least 15 % of all such landings or transhipments during each reporting year. In determining which vessels to inspect, the port Member State shall give priority to: (a) vessels that have been previously denied entry or use of a port in accordance with this Chapter or any other provision of this Regulation; and (b) requests from other NAFO Contracting Parties, States or Regional Fisheries Management Organisations (‘RFMOs’) that a particular vessel be inspected. 11. Inspections shall be consistent with Annex IV.H to the CEM referred to in point 44 of the Annex to this Regulation, and carried out by authorised port Member State inspectors who shall present documents of identity to the master of the vessel prior to the inspection. 12. Subject to the agreement of the port Member State, the Commission may invite inspectors of other NAFO Contracting Parties to accompany their own inspectors and observe the inspection. 13. An inspection in port shall involve the monitoring of the entire landing or transhipment of fishery resources in that port. During any such inspection, the inspector of the port Member State shall, at a minimum: (a) cross-check against the quantities of each species landed or transhipped: (i) the quantities by species recorded in the logbook; (ii) catch and activity reports; and (iii) all information on catches provided in the prior notification Port State Control Prior Request Forms as set out in Annex II.L to the CEM referred to in point 43 of the Annex to this Regulation; (b) verify and record the quantities by species of catch remaining on board upon completion of landing or transhipment; (c) verify any information from inspections carried out in accordance with Chapter VII; (d) verify all nets on board and record mesh size measurements; (e) verify fish size for compliance with minimum size requirements; (f) where relevant, verify species for compliance with accuracy of catch declaration. 14. The port Member State shall, where possible, communicate with the master of the vessel or senior crew members of the vessel, as well as with the observer, and where possible and where needed, ensure that the inspector is accompanied by an interpreter. 15. The port Member State shall, where possible, avoid unduly delaying the fishing vessel and ensure that the vessel suffers the minimum interference and inconvenience, including avoiding unnecessary degradation of the quality of the fish. 16. Each inspection shall be documented by completing the form PSC 3 (port State control inspection form) as set out in Annex IV.C to the CEM referred to in point 9 of the Annex to this Regulation. The process for completion and handling of the report on port State control inspection shall include the following: (a) the inspectors shall identify and provide details of any infringement of this Regulation detected during the port inspection. Details shall include all relevant information available with regard to infringements detected at sea during the current trip of the inspected fishing vessel; (b) the inspectors may insert any comments they consider relevant; (c) the master of the vessel shall be given the opportunity to add any comments or objection to the report, and, as appropriate, to contact the relevant authorities of the flag State in particular where the master of the vessel has serious difficulties in understanding the content of the report; (d) the inspectors shall sign the report and request that the master of the vessel sign the report. The master of the vessel's signature on the report shall serve only as acknowledgment of the receipt of a copy of the report; (e) the master of the vessel shall be provided with a copy of the report containing the result of the inspection, including possible measures that could be taken. 17. The port Member State shall without delay send a copy of each port State control inspection report to the Commission and to EFCA. The Commission shall post the port State control inspection report on the NAFO MCS website, in PDF format, for automatic transmission to the flag State NAFO Contracting Party and to the flag State of any vessel that transhipped catch to the inspected fishing vessel.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The main purpose of the proposal is to turn into Union law the amendments to the conservation and enforcement measures adopted by the Northwest Atlantic Fisheries Organisation (NAFO) at its last annual meeting in 2019. The proposal also includes the NAFO editorial improvements and adapts the wording to the EU legal context. NAFO is the regional fisheries management organisation responsible for managing fishery resources in the Northwest Atlantic under its purview. NAFO’s conservation and management measures apply exclusively to the NAFO Regulatory Area, the high seas, defined as the area that lies beyond the area where coastal states exercise fisheries jurisdiction. The EU has been a Contracting Party to NAFO since 1979. The NAFO Convention states that the conservation measures adopted by the NAFO Commission are binding (Articles XIV, VI.8 and VI.9) and that the contracting parties are required to implement them. Article 3(5) of the Treaty on European Union stipulates that the EU must abide strictly by international law. This includes compliance with NAFO’s conservation and enforcement measures. Regulation (EU) 2019/833 turned into Union law the NAFO conservation and enforcement measures. This proposal covers most the recent amendments adopted by NAFO. These amendments entered into force for the Union on 2 December 2019 and apply from that date. 
Revised version (Article 39 Duties of the port Member State):
1. The port Member State shall provide the Commission with a list of designated ports to which fishing vessels may be permitted entry for the purpose of landing, transhipment and/or provision of port services, and shall to the greatest extent possible ensure that each designated port has sufficient capacity to conduct inspections pursuant to this Chapter. The Commission shall notify the NAFO Executive Secretary of the list of designated ports. Any subsequent changes to the list shall be posted in replacement of the previous one no less than 15 days before the change comes into effect. 2. The port Member State shall establish a minimum prior request period. The prior request period shall be three working days before the estimated time of arrival. However, in agreement with the Commission, the port Member State may make provisions for another prior request period, taking into account, inter alia, the catch product type or the distance between fishing grounds and its ports. The port Member State shall provide the information on the prior request period to the Commission, which shall notify the NAFO Executive Secretary. 3. The port Member State shall designate the competent authority which shall act as the contact point for the purposes of receiving requests in accordance with Article 41, receiving confirmations in accordance with Article 40(2) and issuing authorisations in accordance with paragraph 6 of this Article. The port Member State shall provide the name of the competent authority and its contact information to the Commission, which shall notify the NAFO Executive Secretary. 4. The requirements set out in paragraphs 1, 2 and 3 do not apply where the Union does not permit landings, transhipments, or use of ports by vessels flying the flag of another NAFO Contracting Party. 5. The port Member State shall forward a copy of the form referred to in Article 41(1) and (2) without delay to the flag NAFO Contracting Party of the vessel and to the flag NAFO Contracting Party of donor vessels where the vessel has engaged in transhipment operations. 6. Fishing vessels may not enter port without prior authorisation by the competent authorities of the port Member State. Authorisation to land or tranship or make use of other port services shall only be given if the confirmation from the flag NAFO Contracting Party as referred to in Article 40(2) has been received. By way of derogation from paragraph 6, the port Member State may authorise all or part of a landing in the absence of the confirmation referred to in that paragraph subject to the following conditions: (a) the fish concerned shall be kept in storage under the control of the competent authorities; (b) the fish shall only be released to be sold, taken over, produced, or transported once the confirmation referred to in paragraph 6 has been received; (c) if the confirmation has not been received within 14 days of completion of the landing operations, the port Member State may confiscate and dispose of the fish in accordance with national rules. 8. The port Member State shall without delay notify the master of the vessel of its decision on whether to authorise or deny the port entry or, if the vessel is in port, the landing, transhipment and other use of port. If the vessel entry is authorised the port Member State shall return to the master of the vessel a copy of the form Port State Control Prior Request Form in Annex II.L to the CEM referred to in point 43 of the Annex to this Regulation with Part C duly completed. That copy shall also be sent to the NAFO Executive Secretary with the Commission and EFCA in copy. In the case of a denial the port Member State shall also notify the flag NAFO Contracting Party. 9. In case of cancellation of the prior request referred to in Article 41(2) the port Member State shall send a copy of the cancelled Port State Control Prior Request Form to the NAFO Executive Secretary with the Commission and EFCA in copy. 10. Unless otherwise required in a recovery plan, the port Member State shall carry out inspections of at least 15 % of all such landings or transhipments during each reporting year. In determining which vessels to inspect, the port Member State shall give priority to: (a) vessels that have been previously denied entry or use of a port in accordance with this Chapter or any other provision of this Regulation; and (b) requests from other NAFO Contracting Parties, States or Regional Fisheries Management Organisations (‘RFMOs’) that a particular vessel be inspected. Unless otherwise required in a recovery plan, the port Member State shall carry out inspections of at least 15 % of all such landings or transhipments during each reporting year. In determining which vessels to inspect, the port Member State shall give priority to: (a) vessels that have been previously denied entry or use of a port in accordance with this Chapter or any other provision of this Regulation; and (b) requests from other NAFO Contracting Parties, States or Regional Fisheries Management Organisations (‘RFMOs’) that a particular vessel be inspected. 11. Inspections shall be consistent with Annex IV.H to the CEM referred to in point 44 of the Annex to this Regulation, and carried out by authorised port Member State inspectors who shall present documents of identity to the master of the vessel prior to the inspection. 12. Subject to the agreement of the port Member State, the Commission may invite inspectors of other NAFO Contracting Parties to accompany their own inspectors and observe the inspection. An inspection in port shall involve the monitoring of the entire landing or transhipment of fishery resources in that port. During any such inspection, the inspector of the port Member State shall, at a minimum: cross-check against the quantities of each species landed or transhipped: (i) the quantities by species recorded in the logbook; (ii) catch and activity reports; and (iii) all information on catches provided in the prior notification Port State Control Prior Request Forms as set out in Annex II.L to the CEM referred to in point 43 of the Annex to this Regulation; (b) verify and record the quantities by species of catch remaining on board upon completion of landing or transhipment; (c) verify any information from inspections carried out in accordance with Chapter VII; (d) verify all nets on board and record mesh size measurements; (e) verify fish size for compliance with minimum size requirements; (f) where relevant, verify species for compliance with accuracy of catch declaration. 14. The port Member State shall, where possible, communicate with the master of the vessel or senior crew members of the vessel, as well as with the observer, and where possible and where needed, ensure that the inspector is accompanied by an interpreter. 15. The port Member State shall, where possible, avoid unduly delaying the fishing vessel and ensure that the vessel suffers the minimum interference and inconvenience, including avoiding unnecessary degradation of the quality of the fish. Each inspection shall be documented by completing the form PSC 3 (port State control inspection form) as set out in Annex IV.C to the CEM referred to in point 9 of the Annex to this Regulation. The process for completion and handling of the report on port State control inspection shall include the following: (a) the inspectors shall identify and provide details of any infringement of this Regulation detected during the port inspection. Details shall include all relevant information available with regard to infringements detected at sea during the current trip of the inspected fishing vessel; (b) the inspectors may insert any comments they consider relevant; (c) the master of the vessel shall be given the opportunity to add any comments or objection to the report, and, as appropriate, to contact the relevant authorities of the flag State in particular where the master of the vessel has serious difficulties in understanding the content of the report; (d) the inspectors shall sign the report and request that the master of the vessel sign the report. The master of the vessel's signature on the report shall serve only as acknowledgment of the receipt of a copy of the report; (e) the master of the vessel shall be provided with a copy of the report containing the result of the inspection, including possible measures that could be taken. 17. The port Member State shall without delay send a copy of each port State control inspection report to the NAFO Executive Secretary with the Commission and EFCA in copy.
Article 40 Duties of the flag Member State
1. The Member States shall ensure that the master of a vessel flying their flag complies with the obligations relating to masters of the vessel set out in Article 41. 2. The Member State of a fishing vessel intending to land or tranship or make use of other port services, or where the vessel has engaged in transhipment operations outside a port, shall confirm by returning a copy of the Port State Control Prior Request Form set out in Annex II.L to the CEM referred to in point 43 of the Annex to this Regulation, transmitted in accordance with Article 39(5) with part B duly completed, stating that: (a) the fishing vessel declared to have caught the fish had sufficient quota for the species declared; (b) the declared quantity of fish on board has been duly reported by species and taken into account for the calculation of any catch or effort limitations that may be applicable; (c) the fishing vessel declared to have caught the fish had authorisation to fish in the areas declared; and (d) the presence of the vessel in the area in which it has declared to have taken its catch has been verified by VMS data. 3. The Member State shall send to the Commission the contact information of the competent authority, which shall act as the contact point for the purposes of receiving requests in accordance with Article 39(5) and providing confirmation in accordance with Article 39(6). The Commission shall post this information on the NAFO MCS website in PDF format.
Article 41 Obligations of the master of the vessel
1. The master or the agent of a fishing vessel intending to enter port shall forward the request for entry to the competent authorities of the port Member State within the request period referred to in Article 39(2). Such request shall be accompanied by the Port State Control Prior Request Form set out in Annex II.L to the CEM referred to in point 43 of the Annex to this Regulation duly completed as follows: (a) Port State Control Prior Request Form PSC 1, as referred to in Annex II.L.A to the CEM shall be used where the vessel is carrying, landing or transhipping its own catch; and (b) Port State Control Prior Request Form PSC 2, as referred to in Annex II.L.B to the CEM, shall be used where the vessel has engaged in transhipment operations. A separate form shall be used for each donor vessel; (c) both forms PSC 1 and PSC 2 shall be completed in cases where a vessel carries, lands or tranships its own catch and catch that was received through transhipment. 2. A master of the vessel or agent may cancel a prior request by notifying the competent authorities of the port they intended to use. The request shall be accompanied by a copy of the original Port State Control Prior Request Form set out in Annex II.L to the CEM referred to in point 43 of the Annex to this Regulation, with the word ‘cancelled’ written across it. 3. The master of the vessel shall not commence landing or transhipment operations, or make use of other port services, before authorisation has been given by the competent authority of a Member State or prior to the estimated time of arrival (ETA) as reported in PSC1 or PSC2 has expired. However, landing or transhipment operations and making use of other port services may commence prior to ETA with permission from the competent authorities of the port Member State. 4. The master of the vessel shall: (a) cooperate with and assist in the inspection of the fishing vessel conducted in accordance with these procedures and shall not obstruct, intimidate or interfere with the port State inspectors in the performance of their duties; (b) provide access to any areas, decks, rooms, catch, nets or other gear or equipment, and provide any relevant information which the port State inspectors request, including copies of any relevant documents.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The main purpose of the proposal is to turn into Union law the amendments to the conservation and enforcement measures adopted by the Northwest Atlantic Fisheries Organisation (NAFO) at its last annual meeting in 2019. The proposal also includes the NAFO editorial improvements and adapts the wording to the EU legal context. NAFO is the regional fisheries management organisation responsible for managing fishery resources in the Northwest Atlantic under its purview. NAFO’s conservation and management measures apply exclusively to the NAFO Regulatory Area, the high seas, defined as the area that lies beyond the area where coastal states exercise fisheries jurisdiction. The EU has been a Contracting Party to NAFO since 1979. The NAFO Convention states that the conservation measures adopted by the NAFO Commission are binding (Articles XIV, VI.8 and VI.9) and that the contracting parties are required to implement them. Article 3(5) of the Treaty on European Union stipulates that the EU must abide strictly by international law. This includes compliance with NAFO’s conservation and enforcement measures. Regulation (EU) 2019/833 turned into Union law the NAFO conservation and enforcement measures. This proposal covers most the recent amendments adopted by NAFO. These amendments entered into force for the Union on 2 December 2019 and apply from that date. 
Revised version (Article 41 Obligations of the master of the vessel):
The master or the agent of a fishing vessel intending to enter port shall forward the request for entry to the competent authorities of the port Member State within the request period referred to in Article 39(2). Such request shall be accompanied by the Port State Control Prior Request Form set out in Annex II.L to the CEM referred to in point 43 of the Annex to this Regulation duly completed as follows: (a) Port State Control Prior Request Form PSC 1, as referred to in Annex II.L.A to the CEM shall be used where the vessel is carrying, landing or transhipping its own catch; and (b) Port State Control Prior Request Form PSC 2, as referred to in Annex II.L.B to the CEM, shall be used where the vessel has engaged in transhipment operations. A separate form shall be used for each donor vessel; (c) both forms PSC 1 and PSC 2 shall be completed in cases where a vessel carries, lands or tranships its own catch and catch that was received through transhipment. 2. A master of the vessel or agent may cancel a prior request by notifying the competent authorities of the port they intended to use. The request shall be accompanied by a copy of the original Port State Control Prior Request Form set out in Annex II.L to the CEM referred to in point 43 of the Annex to this Regulation, with the word ‘cancelled’ written across it. 3. The master of the vessel shall not commence landing or transhipment operations, or make use of other port services, before authorisation has been given by the competent authority of a Member State or prior to the estimated time of arrival (ETA) as reported in PSC1 or PSC2 has expired. However, landing or transhipment operations and making use of other port services may commence prior to ETA with permission from the competent authorities of the port Member State. 4. The master of the vessel shall: (a) cooperate with and assist in the inspection of the fishing vessel conducted in accordance with these procedures and shall not obstruct, intimidate or interfere with the port State inspectors in the performance of their duties; (b) provide access to any areas, decks, rooms, catch, nets or other gear or equipment, and provide any relevant information which the port State inspectors request, including copies of any relevant documents. The master of the vessel shall: (a) cooperate with and assist in the inspection of the fishing vessel conducted in accordance with these procedures and shall not obstruct, intimidate or interfere with the port State inspectors in the performance of their duties; (b) provide access to any areas, decks, rooms, catch, nets or other gear or equipment, and provide any relevant information which the port State inspectors request, including copies of any relevant documents.
Article 42 Infringements detected during inspections in port
Where an infringement is detected during an inspection of a vessel in port, the relevant provisions of Articles 34 to 37 shall apply.
Article 43 Confidentiality
All inspection and investigation reports and associated images or evidence, and forms referred to in this Chapter shall be treated by Member States, competent authorities, operators, masters of the vessel and crew as confidential, in accordance with the rules on confidentiality set out in Annex II.B to the CEM referred to in point 37 of the Annex to this Regulation.
Article 44 Presumption of IUU fishing
A non-Contracting Party vessel shall be presumed to have undermined the effectiveness of this Regulation, and to have engaged in IUU fishing, if it has been: (a) sighted or identified by other means as engaged in fishing activities in the Regulatory Area; (b) involved in transhipment with another non-Contracting Party vessel sighted or identified as engaged in fishing activities inside or outside the Regulatory Area; and/or (c) included in the IUU list of the North East Atlantic Fisheries Commission (‘NEAFC’) ( 17 ) .
Article 45 Sighting and inspection of non-Contracting Party vessels in the Regulatory Area
Each Member State with an inspection and/or surveillance presence in the Regulatory Area authorised under the Joint Inspection and Surveillance Scheme that sights or identifies a non-Contracting Party vessel engaged in fishing activities in the Regulatory Area shall: (a) transmit immediately the information to the Commission using the format of the surveillance report set out in Annex IV.A to the CEM referred to in point 38 of the Annex to this Regulation; (b) attempt to inform the master of the vessel that the vessel is presumed to be engaged in IUU fishing and that this information will be distributed to all Contracting Parties, relevant RFMOs and the flag State of the vessel; (c) if appropriate, request permission from the master of the vessel to board the vessel for inspection; and (d) where the master of the vessel agrees to inspection: (i) transmit the inspector's findings to the Commission without delay, using the inspection report form set out in Annex IV.B to the CEM referred to in point 41 of the Annex to this Regulation; and (ii) provide a copy of the inspection report to the master of the vessel.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The main purpose of the proposal is to turn into Union law the amendments to the conservation and enforcement measures adopted by the Northwest Atlantic Fisheries Organisation (NAFO) at its last annual meeting in 2019. The proposal also includes the NAFO editorial improvements and adapts the wording to the EU legal context. NAFO is the regional fisheries management organisation responsible for managing fishery resources in the Northwest Atlantic under its purview. NAFO’s conservation and management measures apply exclusively to the NAFO Regulatory Area, the high seas, defined as the area that lies beyond the area where coastal states exercise fisheries jurisdiction. The EU has been a Contracting Party to NAFO since 1979. The NAFO Convention states that the conservation measures adopted by the NAFO Commission are binding (Articles XIV, VI.8 and VI.9) and that the contracting parties are required to implement them. Article 3(5) of the Treaty on European Union stipulates that the EU must abide strictly by international law. This includes compliance with NAFO’s conservation and enforcement measures. Regulation (EU) 2019/833 turned into Union law the NAFO conservation and enforcement measures. This proposal covers most the recent amendments adopted by NAFO. These amendments entered into force for the Union on 2 December 2019 and apply from that date. 
Revised version (Article 45 Sighting and inspection of non-Contracting Party vessels in the Regulatory Area):
Each Member State or, when appropriate, EFCA, with an inspection and/or surveillance presence in the Regulatory Area authorised under the Joint Inspection and Surveillance Scheme that sights or identifies a non-Contracting Party vessel engaged in fishing activities in the Regulatory Area shall: (a) transmit immediately the information to the Commission using the format of the surveillance report set out in Annex IV.A to the CEM referred to in point 38 of the Annex to this Regulation; (b) attempt to inform the master of the vessel that the vessel is presumed to be engaged in IUU fishing and that this information will be distributed to all Contracting Parties, relevant RFMOs and the flag State of the vessel; (c) if appropriate, request permission from the master of the vessel to board the vessel for inspection; and where the master of the vessel agrees to inspection: (i) transmit the inspector’s findings to the Commission without delay, using the inspection report form set out in Annex IV.B to the CEM referred to in point 41 of the Annex to this Regulation; and (ii) provide a copy of the inspection report to the master of the vessel. where the master of the vessel agrees to inspection: (i) transmit the inspector’s findings to the Commission without delay, using the inspection report form set out in Annex IV.B to the CEM referred to in point 41 of the Annex to this Regulation; and (ii) provide a copy of the inspection report to the master of the vessel.
Article 46 Port entry and inspection of non-Contracting Party vessels
1. Each master of the vessel of a non-Contracting Party vessel shall request permission to enter port from the competent authority of the port Member State in accordance with the provisions of Article 41. 2. Each port Member State shall: (a) forward without delay to the flag State of the vessel and to the Commission the information it has received pursuant to Article 41; (b) refuse port entry to any non-Contracting Party vessel where: (i) the master of the vessel has not fulfilled the requirements set out in Article 41(1); or (ii) the flag State has not confirmed the vessel's fishing activities in accordance with Article 40(2); (c) inform the master of the vessel or agent, the flag State of that vessel, and the Commission of its decision to refuse port entry, landing, transhipment or other use of port of any non-Contracting Party vessel; (d) withdraw denial of port entry only if the port State has determined there is sufficient proof that the grounds on which entry was denied were inadequate or erroneous or that such grounds no longer apply; (e) inform the master of the vessel or agent, the flag State of that vessel, and the Commission of its decision to withdraw denial of port entry, landing, transhipment or other use of port of any non-Contracting Party vessel; (f) where it permits entry, ensure the vessel is inspected by duly authorised officials knowledgeable in this Regulation and that the inspection is carried out in accordance with Article 39(11) to (17); and (g) send a copy of the inspection report and details of any subsequent action it has taken to the Commission without delay. 3. Each Member State shall ensure that no non-Contracting Party vessel engages in landing, or transhipment operations or other use of its ports unless the vessel has been inspected by its duly authorised officials knowledgeable in this Regulation and the master of the vessel establishes that the fish species on board subject to the Convention were harvested outside the Regulatory Area or in compliance with this Regulation.
Article 47 Provisional IUU vessel list
1. In addition to information submitted from Member States in accordance with Articles 42 and 44, each Member State may, without delay, transmit to the Commission any information that may assist in identification of any non-Contracting Party vessel that might be carrying out IUU fishing in the Regulatory Area. 2. If a Contracting Party objects to a NEAFC IUU-listed vessel being incorporated into or deleted from the NAFO IUU vessel list, such vessel shall be placed by NAFO Executive Secretary on the Provisional IUU vessel list.
Article 48 Action against vessels listed in the IUU vessel list
Each Member State shall take all measures necessary to deter, prevent and eliminate IUU fishing in relation to any vessel listed in the IUU vessel list, including: (a) prohibiting any vessel flying its flag from, except in the case of force majeure, participating in fishing activities with such vessel, including but not limited to joint fishing operations; (b) prohibiting the supply of provisions, fuel or other services to such vessel; (c) prohibiting entry into its ports of such vessel, and if the vessel is in port, prohibiting use of the port, except in the case of force majeure or distress, for the purposes of inspection, or for taking appropriate enforcement action; (d) prohibiting change of crew, except as required in relation to force majeure; (e) refusing to authorise such vessel to fish in waters under its national jurisdiction; (f) prohibiting chartering of such vessel; (g) refusing to entitle such vessels to fly its flag; (h) prohibiting landing and importation of fish from onboard or traceable to such vessel; (i) encouraging importers, transporters and other sectors concerned, to refrain from negotiating transhipment of fish with such vessels; and (j) collecting and exchanging any appropriate information regarding such vessel with the other Contracting Parties, non-Contracting Parties and RFMOs with the aim of detecting, deterring and preventing the use of false import or export certificates in relation to fish or fishery product from such vessels.
Article 49 Confidentiality
In addition to the obligations laid down in Articles 112 and 113 of Regulation (EC) No 1224/2009, Member States shall ensure confidential treatment of electronic reports and messages transmitted to and received from NAFO pursuant to point (a) of Article 4(2), Article 4(6), point (c) of Article 5(3), Article 10(2), Article 15(4), Article 22(1), (5) and (6), Article 23(6), Article 25(8), Article 26(9), Article 27(3), (5), (6), (7) and (15), Article 29(1) and (2), Article 34(2), Article 36(4), Article 37(1) and Article 39(8).
Article 50 Procedure for amendments
1. The Commission shall adopt by 18 December 2019 a delegated act in accordance with Article 51 supplementing this Regulation with the provisions of and Annexes to the CEM referred to in the Annex to this Regulation. The Commission is empowered to adopt delegated acts in accordance with Article 51 to subsequently amend that delegated act. 2. The Commission is empowered to adopt delegated acts in accordance with Article 51 amending this Regulation to adapt it to measures adopted by NAFO that bind the Union and its Member States concerning: (a) the list of activities of research vessels referred to in Article 4(1); (b) measures provided for in Article 9 relating to Northern prawn fishing areas; relevant reporting, change of fishery, fishing depths and references to restricted or closed areas; (c) procedures concerning vessels with more than 50 tonnes live weight total catch on board, entering the Regulatory Area to fish for Greenland halibut concerning the content of notifications provided for in points (a) and (b) of Article 10(2), and conditions for commencement of fishing provided for in point (d) of Article 10(2); (d) the content of the electronic transmission set out in Article 22(5), the list of valid documents to be carried on board a vessel in accordance with Article 22(8) and the content of the capacity plan described in Article 22(10); (e) documentation to be carried on board a chartered vessel in accordance with Article 23(9); (f) the VMS data to be transmitted by automatic continuous transmission as set out in Article 26(1), as well as duties concerning FMC as set out in Article 26(2) and (9); (g) percentage rates for observer coverage as set out in Article 27(3), reporting by Member States as set out in Article 27(7), duties of an observer as set out in Article 27(11), and duties of the master of the vessel as set out in in Article 27(12); (h) obligations of the master of the vessel during inspection, as set out in Article 32. 3. Amendments in accordance with paragraph 1 shall be strictly limited to the implementation of amendments to CEM in Union law.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The main purpose of the proposal is to turn into Union law the amendments to the conservation and enforcement measures adopted by the Northwest Atlantic Fisheries Organisation (NAFO) at its last annual meeting in 2019. The proposal also includes the NAFO editorial improvements and adapts the wording to the EU legal context. NAFO is the regional fisheries management organisation responsible for managing fishery resources in the Northwest Atlantic under its purview. NAFO’s conservation and management measures apply exclusively to the NAFO Regulatory Area, the high seas, defined as the area that lies beyond the area where coastal states exercise fisheries jurisdiction. The EU has been a Contracting Party to NAFO since 1979. The NAFO Convention states that the conservation measures adopted by the NAFO Commission are binding (Articles XIV, VI.8 and VI.9) and that the contracting parties are required to implement them. Article 3(5) of the Treaty on European Union stipulates that the EU must abide strictly by international law. This includes compliance with NAFO’s conservation and enforcement measures. Regulation (EU) 2019/833 turned into Union law the NAFO conservation and enforcement measures. This proposal covers most the recent amendments adopted by NAFO. These amendments entered into force for the Union on 2 December 2019 and apply from that date. 
Revised version (Article 50 Procedure for amendments):
1. The Commission shall adopt by 18 December 2019 a delegated act in accordance with Article 51 supplementing this Regulation with the provisions of and Annexes to the CEM referred to in the Annex to this Regulation. The Commission is empowered to adopt delegated acts in accordance with Article 51 to subsequently amend that delegated act. The Commission is empowered to adopt delegated acts in accordance with Article 51 amending this Regulation to adapt it to measures adopted by NAFO that bind the Union and its Member States concerning: (a) the list of activities of research vessels referred to in Article 4(1); (b) measures provided for in Article 9 relating to Northern prawn fishing areas; relevant reporting, change of fishery, fishing depths and references to restricted or closed areas; (e) documentation to be carried on board a chartered vessel in accordance with Article 23(9); (h) obligations of the master of the vessel during inspection, as set out in Article 32; (i) mesh sizes set out in Article 13(2); technical specifications for sorting grids, grates and toggle chains in the Northern prawn fishery set out in Article 14(2) as well as technical specifications for sorting grids or attachments set out in Article 14(3) or (3a); (k) area or period restrictions for bottom fishing activities set out in Article 18. 3. Amendments in accordance with paragraph 1 shall be strictly limited to the implementation of amendments to CEM in Union law.
Article 51 Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 50 shall be conferred on the Commission for a period of five years from 17 June 2019. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 50 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated act already in force. 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 50 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 52 Repeal
Regulation (EC) No 2115/2005 and Regulation (EC) No 1386/2007 are hereby repealed.
Article 53 Amendments to Regulation (EU) 2016/1627
Regulation (EU) 2016/1627 is amended as follows: (1) In Article 3, the following points are added: ‘(27) “large-scale pelagic longline vessel” means a pelagic longline vessel greater than 24 metres in length overall; (28) “purse seines” means any encircling net the bottom of which is drawn together by means of a purse line at the bottom of the net, which passes through a series of rings along the ground rope, enabling the net to be pursed and closed;’.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The main purpose of the proposal is to turn into Union law the amendments to the conservation and enforcement measures adopted by the Northwest Atlantic Fisheries Organisation (NAFO) at its last annual meeting in 2019. The proposal also includes the NAFO editorial improvements and adapts the wording to the EU legal context. NAFO is the regional fisheries management organisation responsible for managing fishery resources in the Northwest Atlantic under its purview. NAFO’s conservation and management measures apply exclusively to the NAFO Regulatory Area, the high seas, defined as the area that lies beyond the area where coastal states exercise fisheries jurisdiction. The EU has been a Contracting Party to NAFO since 1979. The NAFO Convention states that the conservation measures adopted by the NAFO Commission are binding (Articles XIV, VI.8 and VI.9) and that the contracting parties are required to implement them. Article 3(5) of the Treaty on European Union stipulates that the EU must abide strictly by international law. This includes compliance with NAFO’s conservation and enforcement measures. Regulation (EU) 2019/833 turned into Union law the NAFO conservation and enforcement measures. This proposal covers most the recent amendments adopted by NAFO. These amendments entered into force for the Union on 2 December 2019 and apply from that date. 
Revised version (Article 53 Amendments to Regulation (EU) 2016/1627):
Regulation (EU) 2016/1627 is amended as follows: In Article 3, the following points are added: ‘(27) “large-scale pelagic longline vessel” means a pelagic longline vessel greater than 24 metres in length overall; (28) “purse seines” means any encircling net the bottom of which is drawn together by means of a purse line at the bottom of the net, which passes through a series of rings along the ground rope, enabling the net to be pursed and closed;’. In Article 3, the following points are added: ‘(27) “large-scale pelagic longline vessel” means a pelagic longline vessel greater than 24 metres in length overall; ‘(27) (28) “purse seines” means any encircling net the bottom of which is drawn together by means of a purse line at the bottom of the net, which passes through a series of rings along the ground rope, enabling the net to be pursed and closed;’. Article 9 is replaced by the following: 
‘Article 9
Annual fishing capacity management plans
1. Each Member State shall establish an annual fishing capacity management plan to adjust the number of fishing vessels, in order to demonstrate that the fishing capacity is commensurate with the fishing opportunities allocated to the vessels in the relevant time period.
Each Member State shall establish an annual fishing capacity management plan to adjust the number of fishing vessels, in order to demonstrate that the fishing capacity is commensurate with the fishing opportunities allocated to the vessels in the relevant time period.
2. Member States shall adjust the fishing capacity using the parameters proposed by the SCRS and adopted by ICCAT in 2009.
Member States shall adjust the fishing capacity using the parameters proposed by the SCRS and adopted by ICCAT in 2009.
Member States may allocate sectoral quotas to small scale coastal vessels authorised to fish for bluefin tuna and shall indicate it in their fishing plans. They shall also include the additional measures to closely monitor the quota consumption of that fleet in their monitoring, control and inspection plans. Member States may authorise a different number of vessels to fully utilise their fishing opportunities, using the parameters referred to in paragraph 1.
3. Portugal and Spain may allocate sectoral quotas for bait-boats operating in the waters around Azores, Madeira and Canary Islands. The sectoral quota and the additional measures to monitor its consumption shall be clearly defined in their respective annual plans.
Portugal and Spain may allocate sectoral quotas for bait-boats operating in the waters around Azores, Madeira and Canary Islands. The sectoral quota and the additional measures to monitor its consumption shall be clearly defined in their respective annual plans.
4. When Member States allocate sectoral quotas in accordance with paragraph 2 or 3, the minimum quota requirement of 5 tonnes defined by SCRS in 2009 shall not apply.
When Member States allocate sectoral quotas in accordance with paragraph 2 or 3, the minimum quota requirement of 5 tonnes defined by SCRS in 2009 shall not apply.
5. The adjustment of fishing capacity for purse seiners shall be limited to a maximum increase of 20 % compared to the baseline fishing capacity of 2018.
The adjustment of fishing capacity for purse seiners shall be limited to a maximum increase of 20 % compared to the baseline fishing capacity of 2018.
6. For the period 2019-2020, Member States may authorise a number of traps engaged in bluefin tuna fishing that allows the full exploitation of their fishing opportunities.’.
For the period 2019-2020, Member States may authorise a number of traps engaged in bluefin tuna fishing that allows the full exploitation of their fishing opportunities.’. Article 10 is replaced by the following: 
‘Article 10
Annual farming management plans
1. By 31 January of each year, each Member State with a bluefin tuna quota shall transmit to the Commission an annual farming management plan in accordance with this Article.
By 31 January of each year, each Member State with a bluefin tuna quota shall transmit to the Commission an annual farming management plan in accordance with this Article.
2. The Commission shall compile and integrate the plans into the Union plan. The Commission shall transmit that plan to the ICCAT Secretariat by 15 February of each year for discussion and approval by ICCAT.
The Commission shall compile and integrate the plans into the Union plan. The Commission shall transmit that plan to the ICCAT Secretariat by 15 February of each year for discussion and approval by ICCAT.
3. In the annual farming management plan, each Member State shall demonstrate that the total input capacity and the total farming capacity are commensurate with the estimated amount of bluefin tuna available for farming.
In the annual farming management plan, each Member State shall demonstrate that the total input capacity and the total farming capacity are commensurate with the estimated amount of bluefin tuna available for farming.
4. Member States shall limit their tuna farming capacity to the total farming capacity registered in the ICCAT “record of bluefin tuna farming facilities” or authorised and declared to ICCAT in 2018.
Member States shall limit their tuna farming capacity to the total farming capacity registered in the ICCAT “record of bluefin tuna farming facilities” or authorised and declared to ICCAT in 2018.
5. The maximum input of wild caught bluefin tuna into the farms of a Member State shall be limited to the level of the input quantities registered with ICCAT in the “record of bluefin tuna farming facilities” by the farms of that Member State in the years 2005, 2006, 2007 or 2008.
The maximum input of wild caught bluefin tuna into the farms of a Member State shall be limited to the level of the input quantities registered with ICCAT in the “record of bluefin tuna farming facilities” by the farms of that Member State in the years 2005, 2006, 2007 or 2008.
6. If a Member State needs to increase the maximum input of wild caught tuna in one or several of its tuna farms, that increase shall be commensurate with the fishing opportunities allocated to that Member State, including live bluefin tuna imports.
If a Member State needs to increase the maximum input of wild caught tuna in one or several of its tuna farms, that increase shall be commensurate with the fishing opportunities allocated to that Member State, including live bluefin tuna imports.
7. Farm Member States shall ensure that scientists tasked by the SCRS for trials to identify growth rates during the fattening period have access to and, as required by the protocol, assistance to carry out, trials in accordance with the standardised protocol developed by SCRS for the monitoring of recognisable individual fish.’.
Farm Member States shall ensure that scientists tasked by the SCRS for trials to identify growth rates during the fattening period have access to and, as required by the protocol, assistance to carry out, trials in accordance with the standardised protocol developed by SCRS for the monitoring of recognisable individual fish.’. Article 11 is replaced by the following: 
‘Article 11
Fishing seasons
1. Purse seine fishing for bluefin tuna shall be permitted in the eastern Atlantic Ocean and Mediterranean Sea from 26 May until 1 July.
Purse seine fishing for bluefin tuna shall be permitted in the eastern Atlantic Ocean and Mediterranean Sea from 26 May until 1 July.
2. By way of derogation from paragraph 1, purse seine fishing for bluefin tuna in the Adriatic Sea may be open until 15 July for farmed fish in the Adriatic Sea (FAO fishing area 37.2.1).
By way of derogation from paragraph 1, purse seine fishing for bluefin tuna in the Adriatic Sea may be open until 15 July for farmed fish in the Adriatic Sea (FAO fishing area 37.2.1).
3. By way of derogation from paragraph 1, if a Member State can demonstrate that, due to winds reaching force 5 or more on the Beaufort scale, some of its purse seine catching vessels fishing for bluefin tuna in the eastern Atlantic and Mediterranean were unable to utilise their normal fishing days during the year, that Member State may carry over a maximum of 10 days lost until 11 July for the vessels concerned during the year.
By way of derogation from paragraph 1, if a Member State can demonstrate that, due to winds reaching force 5 or more on the Beaufort scale, some of its purse seine catching vessels fishing for bluefin tuna in the eastern Atlantic and Mediterranean were unable to utilise their normal fishing days during the year, that Member State may carry over a maximum of 10 days lost until 11 July for the vessels concerned during the year.
4. Bluefin tuna fishing shall be permitted in the eastern Atlantic Ocean and the Mediterranean Sea by large-scale pelagic longlines catching vessels during the period from 1 January to 31 May.
Bluefin tuna fishing shall be permitted in the eastern Atlantic Ocean and the Mediterranean Sea by large-scale pelagic longlines catching vessels during the period from 1 January to 31 May.
5. Member States shall establish open seasons for their fleets, other than purse seiners and large scale pelagic long-liners, in their annual fishing plans.’.
Member States shall establish open seasons for their fleets, other than purse seiners and large scale pelagic long-liners, in their annual fishing plans.’. Article 16 is replaced by the following: 
‘Article 16
By-catches
1. Each Member State shall make provision for by-catch of bluefin tuna within its quota and shall inform the Commission thereof when transmitting its annual fishing plan.
Each Member State shall make provision for by-catch of bluefin tuna within its quota and shall inform the Commission thereof when transmitting its annual fishing plan.
2. The level of by-catches of bluefin tuna shall not exceed 20 % of the total catches on board at the end of each fishing trip. The methodology used to calculate those by-catches, in relation to the total catch on board, shall be clearly defined in the annual fishing plan. By-catches may be calculated in weight or in number of specimens. The calculation in number of specimens shall only apply to tuna and tuna-like species managed by ICCAT. The level of authorised by-catches for the small-scale coastal vessels fleet may be calculated on an annual basis.
The level of by-catches of bluefin tuna shall not exceed 20 % of the total catches on board at the end of each fishing trip. The methodology used to calculate those by-catches, in relation to the total catch on board, shall be clearly defined in the annual fishing plan. By-catches may be calculated in weight or in number of specimens. The calculation in number of specimens shall only apply to tuna and tuna-like species managed by ICCAT. The level of authorised by-catches for the small-scale coastal vessels fleet may be calculated on an annual basis.
3. All by-catches of dead bluefin tuna, retained on board or discarded shall be deducted from the quota of the flag Member State, and recorded and reported to the Commission.
All by-catches of dead bluefin tuna, retained on board or discarded shall be deducted from the quota of the flag Member State, and recorded and reported to the Commission.
4. For Member States without a bluefin tuna quota, the by-catches concerned shall be deducted from the specific Union bluefin tuna by-catch quota established in accordance with the TFEU and Article 16 of Regulation (EU) No 1380/2013.
For Member States without a bluefin tuna quota, the by-catches concerned shall be deducted from the specific Union bluefin tuna by-catch quota established in accordance with the TFEU and Article 16 of Regulation (EU) No 1380/2013.
5. If the quota allocated to the Member State of the fishing vessel or trap concerned has already been exhausted, the catching of any bluefin tuna shall not be permitted and the Member States shall take the necessary measures to ensure its release. The processing and commercialisation of dead bluefin tuna shall be prohibited and all catches shall be recorded. Member States shall report information on such catches on an annual basis to the Commission, which shall transmit that information to the ICCAT Secretariat.
If the quota allocated to the Member State of the fishing vessel or trap concerned has already been exhausted, the catching of any bluefin tuna shall not be permitted and the Member States shall take the necessary measures to ensure its release. The processing and commercialisation of dead bluefin tuna shall be prohibited and all catches shall be recorded. Member States shall report information on such catches on an annual basis to the Commission, which shall transmit that information to the ICCAT Secretariat.
6. Vessels not fishing actively for bluefin tuna shall clearly separate any quantity of bluefin tuna kept on board from other species, to allow control authorities to monitor compliance with this Article. Those by-catches may be marketed insofar as they are accompanied by the eBCD.’.
Vessels not fishing actively for bluefin tuna shall clearly separate any quantity of bluefin tuna kept on board from other species, to allow control authorities to monitor compliance with this Article. Those by-catches may be marketed insofar as they are accompanied by the eBCD.’.
Article 54 
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . Article 53 shall apply from 21 June 2019.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The main purpose of the proposal is to turn into Union law the amendments to the conservation and enforcement measures adopted by the Northwest Atlantic Fisheries Organisation (NAFO) at its last annual meeting in 2019. The proposal also includes the NAFO editorial improvements and adapts the wording to the EU legal context. NAFO is the regional fisheries management organisation responsible for managing fishery resources in the Northwest Atlantic under its purview. NAFO’s conservation and management measures apply exclusively to the NAFO Regulatory Area, the high seas, defined as the area that lies beyond the area where coastal states exercise fisheries jurisdiction. The EU has been a Contracting Party to NAFO since 1979. The NAFO Convention states that the conservation measures adopted by the NAFO Commission are binding (Articles XIV, VI.8 and VI.9) and that the contracting parties are required to implement them. Article 3(5) of the Treaty on European Union stipulates that the EU must abide strictly by international law. This includes compliance with NAFO’s conservation and enforcement measures. Regulation (EU) 2019/833 turned into Union law the NAFO conservation and enforcement measures. This proposal covers most the recent amendments adopted by NAFO. These amendments entered into force for the Union on 2 December 2019 and apply from that date. 
Revised version (Article 54 ):
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . Article 53 shall apply from 21 June 2019. This Regulation shall be binding in its entirety and directly applicable in all Member States.