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From · agreement provisional · 2024-02-14 PECH-AG-759033 Proposal for a regulation of the European Parliament and of the Council 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 Council Regulation (EEC) No 1899/85 and Regulation (EU) No 1236/2010
To · Plenary report · 2024-01-24 A-9-2024-0004 on the proposal for a regulation of the European Parliament and of the Council 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 Council Regulation (EEC) No 1899/85 and Regulation (EU) No 1236/2010
+482 added · −4819 removed · 15 modified paragraphs

European Parliament

PR_COD_1amCom

2019-2024

Symbols for procedures

Committee on Fisheries

* Consultation procedure

14.2.2024

*** Consent procedure

PROVISIONAL AGREEMENT RESULTING FROM INTERINSTITUTIONAL NEGOTIATIONS

***I Ordinary legislative procedure (first reading)

Subject: Proposal for a regulation of the European Parliament and of the Council 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 Council Regulation (EEC) No 1899/85 and Regulation (EU) No 1236/2010

***II Ordinary legislative procedure (second reading)

***III Ordinary legislative procedure (third reading)

(The type of procedure depends on the legal basis proposed by the draft act.)

Amendments to a draft act

Amendments by Parliament set out in two columns

Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

Amendments by Parliament in the form of a consolidated text

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.

By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council 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 Council Regulation (EEC) No 1899/85 and Regulation (EU) No 1236/2010

(COM(2023)0362 – C90221/2023 – 2023/0206(COD))

The interinstitutional negotiations on the aforementioned proposal for a regulation have led to a compromise. In accordance with Rule 74(4) of the Rules of Procedure, the provisional agreement, reproduced below, is submitted as a whole to the Committee on Fisheries for decision by way of a single vote.

(Ordinary legislative procedure: first reading)

2023/0206 (COD)

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0362),

Proposal for a

– having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90221/2023),

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

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 Council Regulations (EEC) No 1899/85 and (EEC) No 1638/87 and Regulation (EU) No 1236/2010

– having regard to the opinion of the European Economic and Social Committee of 20 September 2023,

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

– having regard to Rule 59 of its Rules of Procedure,

Having having regard to the Treaty on the Functioningreport of the European Union, and in particularCommittee Articleon 43(2)Fisheries thereof,(A9-0004/2024),

Having regard to the proposal from the European Commission,

1. Adopts its position at first reading hereinafter set out;

After transmission of the draft legislative act to the national parliaments,

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

Having regard to the opinion of the European Economic and Social Committee

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Acting in accordance with the ordinary legislative procedure,

Amendment 1

Whereas:

Proposal for a regulation

(1) One of the objectives of the Common Fisheries Policy, as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council, is to ensure exploitation of marine biological resources in a way that provides sustainable economic, environmental and social conditions. 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.

Recital 1

(2) By Council Decision 98/392/EC, the Union approved the United Nations Convention on the Law of the Sea. By Council Decision 98/414/EC, the Union approved the Agreement for the Implementation of that Convention relating to the conservation and management of straddling fish stocks and highly migratory fish stocks, which contain principles and rules with regard to the conservation and management of the living resources of the sea. In the framework of its wider international obligations, the Union takes part in efforts made in the high seas to conserve fish stocks.

Text proposed by the Commission

(3) By Council Decision 81/608/EEC, the European Economic Community approved the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (‘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. The 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 their adoption, pending their entry into force.

Amendment

(4) The NEAFC Convention aims to ensure the long-term conservation and optimum utilisation of the fishery resources in 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. These recommendations are essentially addressed to the NEAFC Contracting Parties, but also contain obligations for operators (e.g. 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.

(1) One of the objectives of the Common Fisheries Policy, as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council21 , is to ensure exploitation of marine biological resources in a way that provides sustainable economic, environmental and social conditions.

(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. It is therefore appropriate that this Regulation ensures full implementation into Union law of that Recommendation in its entirety, noting that the Union has a possibility established in Recommendation 19:2014 to propose to NEAFC that certain areas, where ICES advises that in those areas significant adverse impacts on vulnerable marine ecosystems are not considered likely, be removed or amended.

(1) One of the objectives of the Common Fisheries Policy, as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council21 , is to ensure exploitation of marine biological resources in a way that provides sustainable economic, environmental and social conditions. 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.

(6) The 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 in Union law.

__________________

(7) For certain fisheries, NEAFC was not 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. 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 Scheme).

21 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).

(9) The Scheme is a recommendation establishing control and enforcement measures applicable to vessels flying the flag of Contracting Parties and operating in the Regulatory Area, arrangements for inspection and surveillance procedures at sea in the NEAFC Regulatory Area, and procedures in case 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 NEAFC Contracting Parties, such as requirements on labelling for frozen fish. The Scheme also provides for a port state control system applicable to fishing vessels of NEAFC Contracting Parties carrying on board fishery resources from the Convention Area and intending to call ports of another Contracting Party. This 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.

21 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).

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

Amendment 2

(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 these consultations should be implemented into Union law. In accordance with the agreement of the Parties to these fisheries consultations, the application of certain measures should be deferred in order to provide for sufficient implementation time. Those measures fully reach 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.

Proposal for a regulation

(11a) 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 such conditions. The Commission should be empowered to adjust thresholds and 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.

Recital 11

Text proposed by the Commission

Amendment

(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 these consultations32 should be implemented into Union law. In accordance with the agreement of the Parties to these fisheries consultations, the application of certain measures should be deferred in order to provide for sufficient implementation time.

(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 these consultations32 should be implemented into Union law. In accordance with the agreement of the Parties to these fisheries consultations, the application of certain measures should be deferred in order to provide for sufficient implementation time. Those measures should not be applicable until all Parties to those fisheries consultations cease to adopt unilateral fisheries measures, thus jeopardising the state of certain pelagic stocks, and honour their obligations in relation to each other.

__________________

__________________

32 Agreed Record signed by Heads of Delegation of respective Parties in November 2022 (https://oceans-and-fisheries.ec.europa.eu/system/files/2022-12/2022-coastal-states-fisheries-consultations-control-measures_en.pdf).

32 Agreed Record signed by Heads of Delegation of respective Parties in November 2022 (https://oceans-and-fisheries.ec.europa.eu/system/files/2022-12/2022-coastal-states-fisheries-consultations-control-measures_en.pdf).

Amendment 3

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

(11a) Regarding the obligation to ensure surveillance of landings of certain pelagic stocks through camera and sensor technologies in landing and processing facilities where more than 3 000 tonnes of those stocks are weighed per calendar year, the surveillance measures should be applied to landings exceeding 10 tonnes so as to exclude small-scale coastal and artisanal fishing. In the case of landing and processing facilities where landings above 10 tonnes do not occur but the total amount of landings amount to more than 3 000 tonnes per calendar year the obligation to use surveillance camera and sensor technologies should not apply. The Member States should publish the list of ports that meet such conditions.

Amendment 4

Proposal for a regulation

Recital 11 b (new)

Text proposed by the Commission

Amendment

(11b) The implementation of the provisions established in Article 52 may 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.

(12) Personal data processed in the framework of this Regulation should be treated in accordance with the applicable provisions of Regulations of the European Parliament and of the Council (EU) 2016/679 and (EU) 2018/1725. In order to ensure the fulfilment of obligations under this Regulation, the 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 concerned administrative or judicial proceedings 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 2018/1725 and in this Regulation.

Amendment 5

(13) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on [date].

Proposal for a regulation

(14) In order to swiftly implement into Union law future NEAFC Recommendations amending or supplementing the ones referred to in this Regulation, 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 aircrafts, 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. 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 of the 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.

Article 1 – paragraph 2

(15) It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 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.

Text proposed by the Commission

(16) The NEAFC conservation and management measures applicable in the Regulatory Area were last implemented into Union law by Council Regulation (EEC) No 1899/85and (EEC) No1638/87, as well as and Annex XII to Regulation (EU) 2019/1241 of the European Parliament and of the Council. In the interest of clarity, simplification and legal certainty, Article 5(h), Chapter VI and Annex XII to Regulation (EU) 2019/1241 are deleted and replaced by the provisions in this Regulation. Council Regulation (EEC) No 1899/85 and (EEC) No 1638/87 are repealed and replaced by the provisions in this Regulation.

Amendment

(17)2. ForThis Regulation applies without prejudice to the sameobligations reasons,set Articlesout 54bin andexisting 54cregulations ofin Councilthe Regulationfisheries (EC)sector, Noin 1224/2009particular containingRegulation certainof controlthe measuresEuropean forParliament pelagicand fisheriesof arethe deletedCouncil (EU) 2017/240342 , and replacedCouncil byRegulations the(EC) provisionsNo in1005/200843 thisand Regulation.(EC) No 1224/2009.

(18)2. TheThis NEAFCRegulation controlapplies measuresnotwithstanding werethe lastobligations implementedset intoout Unionin lawexisting byregulations Regulationin (EU)the Nofisheries 1236/2010sector, in particular Regulation of the European Parliament and of the Council.Council Therefore,(EU) Regulation2017/240342 (EU), Noand 1236/2010Council isRegulations repealed(EC) andNo replaced1005/200843 byand this(EC) Regulation;No 1224/2009.

HAVE ADOPTED THIS REGULATION:

__________________

TITLE I GENERAL PROVISIONS

__________________

Article 1

42 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).

Subject matter

42 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).

1. This Regulation:

43 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).

(a) lays down conservation and management measures and implements the amendments to the Scheme of control and enforcement adopted by the North-East Atlantic Fisheries Commission (the NEAFC Scheme);

43 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).

(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; and

Amendment 6

(c) amends certain provisions of Regulation (EU) 2019/1241 of the European Parliament and of the Council and of Council Regulation (EC) No 1224/2009.

Proposal for a regulation

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

Article 3 – paragraph 1 – introductory part

TITLE II NEAFC MEASURES

Text proposed by the Commission

Chapter I SCOPE AND DEFINITIONS

Amendment

Article 2

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

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 of the European Parliament and of the Council and Article 4 of Regulation (EC) No 1224/2009 of the Council shall apply, unless otherwise provided for in this Regulation. The following definitions shall also apply:

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

Amendment 7

2. ‘Convention Area’ means the areas

Proposal for a regulation

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

Article 3 – paragraph 1 – point 13

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

Text proposed by the Commission

ii. the Mediterranean Sea and its dependent seas as far as the point of intersection of the parallel of 36° latitude and the meridian of 5°36’ west longitude

Amendment

(b) within that part of the Atlantic Ocean north of 59° north latitude and between 44° west longitude and 42° west longitude.

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

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

13. ‘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;

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

Amendment 8

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

Proposal for a regulation

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

Article 3 – paragraph 1 – point 21

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

Text proposed by the Commission

8. ‘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;

Amendment

9. ‘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;

21. ‘electronic fishing logbook’ means the record by computerised 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.

10. ‘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;

11. ‘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;

12. ‘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 indicators on 10 hooks per 1000 hook segment or per 1200 m section of long line, whichever is shorter;

13. ‘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;

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

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

16. ‘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;

17. ‘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;

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

19. ‘Convention’ means the Convention on future multilateral cooperation in North-East Atlantic fisheries;

20. ‘IMO number’ means a 7-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;

21. ‘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.

Amendment 9

Proposal for a regulation

Article 3 – paragraph 1 – point 22

Text proposed by the Commission

Amendment

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

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

22. ‘FMC’ means a fisheries monitoring centre as defined in Article 4, point (15), of Council Regulation (EC) 1224/2009;

24. ‘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;

Amendment 10

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

Proposal for a regulation

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

Article 4 – paragraph 6

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

Text proposed by the Commission

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

Amendment

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;

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

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;

6. Member States shall implement temporary closures in the areas identified by NEAFC following information on encounters with possible VMEs until the NEAFC Secretariat notifies the re-opening of those areas.

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

Amendment 11

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;

Proposal for a regulation

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

Article 5 – paragraph 3 – point d

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

Text proposed by the Commission

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 the Commission Implementing Regulation (EU) 2017/218.

Amendment

Chapter II CONSERVATION MEASURES

(d) provide a report of the results of the exploratory bottom fishing activities to ICES and the Commission, which shall forward it to the NEAFC Secretariat.

Article 4

(d) provide a report of the results, including all raw data collected, of the exploratory bottom fishing activities to ICES and the Commission, which shall forward it to the NEAFC Secretariat.

Measures to protect VMEs

Amendment 12

1. It shall be 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 sequentially joining with rhumb lines the indicated coordinates, which shall be measured according to the WGS84 system. This paragraph shall not apply to exploratory bottom fishing activities as set out in Article 5.

Proposal for a regulation

2. It shall be 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 sequentially joining with rhumb lines the indicated coordinates, which shall be measured according to the WGS84 system.

Article 8 – paragraph 1

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:

Text proposed by the Commission

(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;

Amendment

(b) if the encounter is discovered in connection with other bottom fishing gears, 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 points (a) and (b) of paragraph 3.

4a. The accuracy of the information reported to the flag Member States shall be the responsibility of the master.

5. 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.

6. 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 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 an 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 the name of the observer; 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, 23, 33(4) and 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 fifteen 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, seven 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. This information shall be sent by 15 December each year for the following year or in any case before the vessel’s entry into the Regulatory Area.

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

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. This information shall be sent by 15 December each year for the following year or in any case not later than 15 days before the vessel’s entry into the Regulatory Area.

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

Amendment 13

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.

Proposal for a regulation

5. A flag Member States shall:

Article 8 – paragraph 5 – point c

(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;

Text proposed by the Commission

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

Amendment

(c) ensure that notified and authorised fishing vessels flying its flag comply with applicable recommendations adopted by NEAFC and comply with the provisions of this Regulation;NEAFC; 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.

(c) ensure that fishing vessels flying its flag comply with this Regulation; and

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:

Amendment 14

(a) vessel name;

Proposal for a regulation

Article 8 – paragraph 6 – point b

Text proposed by the Commission

Amendment

(b) IMO number (where available);

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

(c) flag State;

Amendment 15

(d) external registration number (where available);

Proposal for a regulation

(e) international radio call sign;

Article 9 – paragraph 2 – point d

(f) vessel type (where available);

Text proposed by the Commission

(g) vessel tonnage;

Amendment

(h) vessel length;

(d) IMO number if subject to IMO Resolution A.1078(28);

(i) vessel engine power; and

(j) authorised regulated resources, start date and end date of the authorisation.

7. Unless otherwise provided, 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, except for research vessels marketing all or part of the catch obtained during research activities in the Regulatory Area. Such research vessels marketing all or part of the catch shall be notified in accordance with paragraph 1 and 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) 404/2011.

2. In addition to the requirements established in Article 7(1) of Implementing Regulation (EU) 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;

Amendment 16

(f) vessel length; and

Proposal for a regulation

(g) engine power, in kW/horsepower.

Article 9 – paragraph 3

3. The documents referred to in Article 7(2) and (3) of Implementing Regulation (EU) 404/2011 ▌ shall be checked at regular intervals by the competent authority of the flag Member State.

Text proposed by the Commission

Article 10

Amendment

Marking of gear

3. The documents referred to in Article 7(2) and (3) of Implementing Regulation (EU) 404/2011 for Union fishing vessels of 17 metres length overall or more with fish rooms and for Union vessels with chilled or refrigerated seawater tanks shall be checked at regular intervals by the competent authority of the flag Member State.

1. Fishing gear used by Union fishing vessels in the Regulatory Area shall be marked in accordance with Articles 8 to 17 of Regulation (EU) 404/2011 and generally accepted international standards, in particular the 1967 Convention on Conduct of Fishing Operations in the North Atlantic.

3. The documents referred to in Article 7(2) and (3) of Implementing Regulation (EU) 404/2011 shall be checked at regular intervals by the competent authority of the flag Member State.

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 a fishing gear with non-compliant marking, as well as fish that are found in the gear.

Amendment 17

Article 11

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

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

2. It shall be prohibited to deploy fishing gear that is not marked, if marking is required, or if the marking contravenes the requirements referred to in paragraph 1. NEAFC fisheries inspectors may remove and dispose of a fishing gear with non-compliant marking. The fish that are found in the gear shall be donated to charitable organisations or organisations that benefit public interest and, if not fit for human consumption, disposed of in accordance with national law consistent with Union law.

Amendment 18

Proposal for a regulation

Article 11 – title

Text proposed by the Commission

Amendment

Garbage at sea and retrieval of lost gear

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 into the sea, in accordance with MARPOL Annex V on Regulations for the Prevention of Pollution by Garbage from Ships.

Amendment 19

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

Proposal for a regulation

2. 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 48 of Council Regulation (EC) 1224/2009 ▌ in those cases where the lost gear cannot be retrieved:

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

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 Council48 into the sea, in accordance with MARPOL Annex V on Regulations for the Prevention of Pollution by Garbage from Ships.

1. Masters of Union fishing vessels shall be legally responsible for ensuring that they do not deliberately abandon or discard fishing gear or discharge any kind of waste from their ships as defined in Directive (EU) 2019/883 of the European Parliament and of the Council48 into the sea, in accordance with MARPOL Annex V on Regulations for the Prevention of Pollution by Garbage from Ships.

__________________

__________________

48 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).

48 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).

Amendment 20

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

2. In addition to the information referred to in Article 48 of Council Regulation (EC) 1224/2009 required in those cases where the lost gear cannot be retrieved, Union fishing vessels shall notify the competent authorities of its flag Member State within 24 hours of the following:

2. Union fishing vessels shall notify the competent authorities of its flag Member State within 24 hours about the required information referred to in Article 14(7) and 48 of Council Regulation (EC) 1224/2009 in those cases where the lost gear cannot be retrieved.

(a) the call sign of the vessel;

(c) if the vessel has tried to retrieve the gear or not.

Amendment 21

Proposal for a regulation

Article 11 – paragraph 3

Text proposed by the Commission

Amendment

3. The Member State shall without delay notify the information referred to in paragraph 2 and Article 48 of Regulation 1224/2009 to the Commission, which shall transmit it to the NEAFC Secretariat.

3. The Member State shall without delay notify the information referred to in Article 14(7) and Article 48 of Regulation 1224/2009 to the Commission, which shall transmit it to the NEAFC Secretariat.

Amendment 22

Proposal for a regulation

Article 11 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall undertake to retrieve on a regular basis lost fixed gears belonging to vessels flying their flag.

4. Member States shall undertake to retrieve on a regular basis lost fixed gears 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

Amendment 23

Labelling of frozen fish

Proposal for a regulation

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 sub-area and division where the catch was taken and the name of the vessel which caught the fish.

Article 13 – paragraph 2

Section 3 Monitoring of fisheries

Text proposed by the Commission

Article 13

Amendment

Recording of catch and fishing effort

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

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 as the official data. These 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 and/or freeze their catch shall in addition:

Amendment 24

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

Proposal for a regulation

(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:

Article 13 – paragraph 3 – point b – point iii

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;

Text proposed by the Commission

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 kg and be updated every day for the preceding day reckoned from 00:00 hours until 24:00 hours (UTC); and

Amendment

iii. the list of codes of product form, type of packing, type of containerpacking and type of processingcontainer shall be in accordance with Annexthe VIa.NEAFC Master Data Register available on the NEAFC website.

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.

iii. the list of codes of product form or presentation, preservation state of the resource, type of packing or container shall be in accordance with Annex VIa.

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.

Amendment 25

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.

Proposal for a regulation

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 – paragraph 1 – point a

Article 14

Text proposed by the Commission

Communication of fishing activities

Amendment

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 VII 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 2 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;

(a) transmit the electronic fishing logbook data by electronic means to their FMC, including at a minimum the data set out in Annex VII including all catches when the vessel engaged in fishing activities;

(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;

Amendment 26

(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;

Proposal for a regulation

(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;

Article 15 – paragraph 1 – point a

(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;

Text proposed by the Commission

(g) transmit to the FMC a prior notification of exit before exiting the Regulatory Area no earlier than 8 hours and no later than 2 hours in advance of each exit, including the total quantity on board by species; and

Amendment

(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 these fishing activities in the electronic fishing logbook and transmit the information to the FMC before submitting the correction to the prior notification of exit.

(a) communicate reports of transhipments in accordance with the specification and format set out in Annex VII by electronic means to their FMC. These reports shall 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 transhipment. The master of a Union receiver fishing vessel shall make a receiver transhipment declaration report no later than 1 hour after transhipment. 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 kilograms and the identification of vessels transhipped to or from, respectively;

2. Masters of Union fishing vessels shall be prohibited from:

(a) communicate reports of transhipments in accordance with the specification and format set out in Annex VII by electronic means to their FMC. These reports shall 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 starting time of the transhipment. The master of a Union receiver fishing vessel shall make a receiver transhipment declaration report no later than 1 hour after the end time of the transhipment. 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 kilograms and the identification of vessels transhipped to or from, respectively;

(a) cancelling a prior notification of entry report after entering the Regulatory Area;

Amendment 27

(b) cancelling a prior notification of exit report after leaving the Regulatory Area;

Proposal for a regulation

(c) cancelling a prior notification more than once;

Article 15 – paragraph 1 – point b

(d) sending a new prior notification outside the time limits given in paragraph 1(b) and (g); and

Text proposed by the Commission

(e) correcting 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.

Amendment

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

(b) transhipment operations may only commence after the authorisations have been given by the flag Contracting Party of the receiving vessel. In the case of EU 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

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) that 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 kilograms 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 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 reports of transhipments in accordance with the specification and format set out in Annex VII by electronic means to their FMC. These reports shall 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 1 hour after the end of the transhipment. 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 kilograms 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. In the case of EU 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 the provisions in Section 5, subsequent to 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 a Union receiver fishing vessel shall send a port of landing notification report in the format set out in Annex VII, 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.

Amendment 28

2. It shall be prohibited to correct the donor transhipment notification report, but such a report 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(a) shall apply.

Proposal for a regulation

Article 15 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) without prejudice to the provisions in Section 5, subsequent to having been involved in a transhipment operation at sea involving fishery resources caught in the Regulatory Area, the master of a Union receiver fishing vessel shall send a port of landing notification report in the format set out in Annex VII, 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 any landing, regardless of whether the landing is to take place in a port inside or outside the Convention Area.

(c) without prejudice to the provisions in Section 5, subsequent to having been involved in a transhipment operation at sea involving fishery resources caught in the Regulatory Area, the master of a Union receiver fishing vessel shall send a port of landing notification report in the format set out in Annex VII, 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.

Amendment 29

Proposal for a regulation

Article 15 – paragraph 3

Text proposed by the Commission

Amendment

3. It shall be prohibited to correct the port of landing notification report, but such a report may be cancelled. If a port of landing notification is cancelled and a new one is sent, the time limits specified in paragraph 1the shall apply.

3. It shall be prohibited to correct the port of landing notification report, but such a report 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 kilograms live weight.

Amendment 30

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.

Proposal for a regulation

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 – paragraph 1 – point a

Article 16

Text proposed by the Commission

Vessel monitoring system

Amendment

1. Member States shall:

(a) establish and operate an FMC to monitor the fishing activities of vessels flying their flag, which shall be equipped with computer hardware and software enabling automatic data processing and electronic data transmission and provide for back-up and recovery procedures in case of system failures;

(a) establish and operate an FMC in accordance with Articles 9 and 9a of Regulation (EC) 1224/2009 and provide for back-up and recovery procedures in case of system failures;1224/2009;

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

Amendment 31

(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;

Proposal for a regulation

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

Article 16 – paragraph 1 – point d – point i

Text proposed by the Commission

Amendment

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 metres, with a confidence interval of 99%;

deleted

iii. the date and time of the fixing of said position of the vessel; and

Amendment 32

Proposal for a regulation

Article 16 – paragraph 1 – point d – point iv

Text proposed by the Commission

Amendment

iv. the speed and course at the time of fixing of said position of the vessel.

deleted

Amendment 33

Proposal for a regulation

Article 16 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) transmit to the NEAFC Secretariat the position reports in real time 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;

(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 these coordinates shall be notified to the NEAFC Secretariat without delay in a computer readable form in accordance with the procedures described in Annex VIII 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;

Amendment 34

(g) ensure that the data received from its fishing vessels' VMS are recorded in a computer readable form and stored for at least three years; and

Proposal for a regulation

(h) in respect of bottom fishing in the Regulatory Area:

Article 16 – paragraph 1 – point g

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

Text proposed by the Commission

Amendment

(g) ensure that the data received from its fishing vessels to which VMS requirements apply are recorded in a computer readable form and stored for at least three years; and

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

Amendment 35

Proposal for a regulation

Article 16 – paragraph 1 – point h – point ii

Text proposed by the Commission

Amendment

ii. ensure that delimitations of closed bottom fishing areas are installed in their VMS.

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 this 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 has to 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.

Amendment 36

3. The master of a fishing vessel with a defective VMS tracking device shall communicate, at least every 4 hours, reports containing the information in paragraph 1(d) to the FMC in accordance with the format set out in Annex IX.

Proposal for a regulation

Article 17 – paragraph 4

Communication to the NEAFC Secretariat

Text proposed by the Commission

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:

Amendment

(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 X.

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 Article 14, Article 15 and Article 16(2) and (3). Fishing activity reports referred to in Article 14 and 15 can only be considered 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 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 is submitted.

5.4. InIf the eventflag ofMember equipmentState failuresFMC ordoes transmissionnot failuresreceive preventingfrom the correctNEAFC submissionSecretariat a positive acknowledgement of a fishing activity reports,report, it shall request to the master of athe Union fishing vessel shallto immediatelysubmit notifyan theamended flagreport. MemberIf Stateit FMCagain aboutdoes problemsnot influencingreceive thea datapositive exchangesacknowledgment, and,or asif appropriate,it informis theno flaglonger Memberpossible Stateto FMCamend ofor anyresubmit actionsthe takenfishing activity reports due to resolvetime limits, the failure.flag TheMember State FMC shall communicateprovide the necessarymaster follow-upwith proceduresthe tonecessary theguidance masteron follow-up procedures, to ensure that the data referred to in Articles 14 and 15 is submitted, if necessary, by using alternative means.submitted.

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:

Amendment 37

(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

Proposal for a regulation

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

Article 20 – paragraph 1

7. The FMC may, as a fall-back procedure and after individual evaluation and validation, accept reports outside of time limits, correct or manually create reports. In all these cases, the FMC shall use the FMC marking set out in Annex XI 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.

Text proposed by the Commission

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

Amendment

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) 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 their flag during the preceding month in the Regulatory Area, 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 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 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 these 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 upon fleet size and by taking into account the time spent in the Regulatory Area. Inspections shall ensure equal treatment of all Contracting Parties with fishing vessels operating in the Regulatory Area.

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).

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

Amendment 38

Proposal for a regulation

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

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

3. Each2. NEAFCMember inspectorState shall carry and produceissue thea special identity document whento boardingeach aof fishingtheir vessel.NEAFC inspectors in accordance with the format set out in Annex XII.

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 fire-arms.

Amendment 39

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.

Proposal for a regulation

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 – paragraph 2 – point a

Article 21

Text proposed by the Commission

Means of control and inspection

Amendment

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 aircrafts to the Scheme.

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

(a) the names and unique numbers of the NEAFC inspectors, including their e-mail address; and

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

(a) the names and unique numbers of the their NEAFC inspectors, including their e-mail address; and

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.

Amendment 40

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.

Proposal for a regulation

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

Article 22 – paragraph 3

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 as illustrated in Annex XIV. Aircrafts assigned to the NEAFC Scheme shall have their international radio call sign clearly displayed.

Text proposed by the Commission

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

Amendment

8. Member States shall also notify the information referred to in paragraph 7 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 inspection vessels and aircrafts assigned to the Scheme.

3. The inspecting Member State and EFCA shall forward without delay the data from each surveillance report by electronic transmission in a sighting report with a format in accordance with Part 2 of Annex XVI to the Contracting Party of the fishing vessel concerned and to the NEAFC Secretariat, with EFCA in copy. Any images captured during the surveillance shall be forwarded upon request to the Contracting Party of the fishing vessel concerned.

Article 22

3. The inspecting Member State and EFCA shall forward without delay the data from each surveillance report by electronic transmission in a sighting report with a format in accordance with Part 2 of Annex XVI to the flag Member State or Contracting Party of the fishing vessel concerned and to the NEAFC Secretariat. Any images captured during the surveillance shall be forwarded upon request to the flag Member State or Contracting Party of the fishing vessel concerned.

Surveillance procedures

Amendment 41

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.

Proposal for a regulation

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

Article 23 – paragraph 12

3. The inspecting Member State and/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 XVI to the flag Member State or Contracting Party of the fishing vessel concerned and to the NEAFC Secretariat, with EFCA in copy. Any images captured during the surveillance shall be forwarded upon request to flag Member State or the Contracting Party of the fishing vessel concerned.

Text proposed by the Commission

Article 23

Amendment

Inspection procedures at sea

12. NEAFC inspectors shall transmit without delay a copy of each inspection report to EFCA and 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 upon request to the Contracting Party of the inspected vessel.

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 gears, 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)(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)(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 of the fishing vessel 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 XVII. 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 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 upon request to the flag Member State or Contracting Party of the inspected vessel.

Article 24

Amendment 42

Obligations of the master of Union fishing vessels during an inspection at sea

Proposal for a regulation

The master of a Union fishing vessel shall:

Article 24 – paragraph 1 – point d

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

Text proposed by the Commission

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

Amendment

(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 the provisions in Annex XVIII 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;

deleted

Amendment 43

Proposal for a regulation

Article 24 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) provide access to any areas, decks and rooms of the fishing vessel, catch (whether processed or not), nets or other gears, 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

deleted

(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).

Amendment 44

Section 5 Port State control of Contracting Parties’ third country fishing vessels

Proposal for a regulation

Article 25

Article 29 – paragraph 4

Scope

Text proposed by the Commission

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

Amendment

Article 26

Application of the FAO Agreement on Port State Measures

1. The provisions of the 2009 FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (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 Scheme referred to in this Section.

Article 27

Designated ports

1. Member States shall designate and notify to the Commission the list of ports where vessels carrying on board fishery resources 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. The list shall include the information specified in Annex XIX and 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 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 or their representatives carrying fish referred to in Article 25 intending to call into a Union port and masters of Union fishing vessels or their representatives carrying on board fishery resources caught in the Convention Area and intending to call into a port of another Contracting Party shall notify the competent authorities of the port State no later than 3 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 shall without delay inform the Commission, which shall promptly notify 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 XX with Part A duly completed as follows:

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

(b) the form PSC 2 shall be used where the vessel 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 Member State shall without delay inform the Commission, which shall promptly notify 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 3 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; and

(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.

5.4. TheLanding, competenttranshipment authoritiesand ofother theuse portof Memberport Stateservices shall without delay notify their decision on whether or not an authorisation for landing, transhipment orbe otherauthorised useif ofthe port services have beenMember grantedState toreceives theclear masterevidence ofthat the vessel orcatch theon representativeboard ofwas thetaken master,in tocontravention theof flagapplicable Staterequirements of the vessel andflag toMember theState NEAFCor Secretariata byContracting completingParty asin appropriaterespect Partof Careas ofunder theits PSCnational form.jurisdiction.

Article 30

Amendment 45

NEAFC port inspectors and officials

Proposal for a regulation

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

Article 30 – paragraph 5

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

Text proposed by the Commission

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

Amendment

(a) the names and details of the NEAFC port inspectors authorised to carry out inspections under the scope of the NEAFC Port State Control Scheme in accordance with the format of Annex XIII;

(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

5. Member States shall notify, 15 days prior to be effective, 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.

Port inspections

Amendment 46

1. In the context of the joint inspection and surveillance Scheme referred to in Article 19(1), Member States shall ensure that port inspections of fishing vessels 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 XXI.

Proposal for a regulation

2. For risk assessment and, as 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 that vessel to the NEAFC Secretariat for a period of one year prior to the planned landing. In case of transhipment, the data of the donor vessels shall also be assessed.

Article 32 – paragraph 1

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.

Text proposed by the Commission

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.

Amendment

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

1. This Article applies in addition to the general obligations established in Article 113 of Implementing Regulation (EU) 404/2011.

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

1. This Article applies in addition to the general obligations established in Article 75 of Regulation (EC) 1224/2009.

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

Amendment 47

(b) 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;

Proposal for a regulation

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

Article 32 – paragraph 2

(d) 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;

Text proposed by the Commission

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

Amendment

(f) 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;

2. The master of a fishing vessel which is being inspected or, where relevant, the representative of the master, shall comply with the obligations established in Article 114 of Implementing Regulation (EU) 404/2011 and, as applicable, with the obligations established in Article 24 of this Regulation.

(g) 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;

2. The master of a fishing vessel which is being inspected or, where relevant, the representative of the master, shall comply with the obligations established in Article 75 of Regulation (EC) 1224/2009 and, as applicable, with the obligations established in Article 24 of this Regulation.

(h) 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;

Amendment 48

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

Proposal for a regulation

(j) 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;

Article 37 – paragraph 1

(k) 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;

Text proposed by the Commission

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

Amendment

(m) 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;

(n) 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, as appropriate, to contact the relevant authorities of the flag state, in particular where the master has serious difficulties in understanding the content of the report; and

(o) 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 Council Regulation (EC) No 1005/2008.

Article 32

Obligations of operators during port inspections

1. This Article applies in addition to the general obligations established in Article 75 of Regulation (EC) No 1224/2009 and Article 113 of Implementing Regulation (EU) 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 established in Article 75 of Regulation (EC) 1224/2009 and Article 114 of Implementing Regulation (EU) 404/2011 and, as applicable, with the obligations established in Article 24 of this Regulation.

Article 33

Inspection reports

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

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 its representative.

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 Articles 22(3), 23(11) or 33(1);

(b) record the evidences 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 the latter 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, whenever 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. In case of infringement of NEAFC rules noted in the report referred to in Article 33(1) (PSC 3 inspection report), the inspecting Member State shall either take appropriate enforcement measures or notify, by e-mail, the designated authorities of the flag Member State or flag Contracting Party of the inspected fishing vessel about the intention to transfer the proceedings. This procedure is without prejudice to the jurisdiction of the inspecting Member State, flag Member State or flag Contracting Party to enforce their own legislation and to the jurisdiction of the flag State regarding fishing activities within the NEAFC 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 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 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 case 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.

1. If an NEAFC 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 NEAFC 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 case 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.

Amendment 49

Proposal for a regulation

Article 37 – paragraph 2

Text proposed by the Commission

Amendment

2. In order to preserve the evidence, the inspector shall take all necessary measures to ensure the security and continuity thereof whilst 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.

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

Article 38

Amendment 50

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

Proposal for a regulation

Article 37 – paragraph 3

Text proposed by the Commission

Amendment

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 Contracting Party requires the inspector to leave the fishing vessel.

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

Amendment 51

Proposal for a regulation

Article 38 – paragraph 1

Text proposed by the Commission

Amendment

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 the1. resultsFlag ofMember theState examinationshall referredrespond to in paragrapha 1notification andof Articleserious 37(1),infringement thewithout flagdelay Memberand Stateshall shall,ensure ifthat the evidence so warrants, require theUnion fishing vessel to proceedconcerned immediatelyis toinspected awithin port72 designatedhours by that flag Member State for a thorough inspection under its authority and in the presence of a NEAFC inspector from any other Contractingduly Partyauthorised thatin wishesrelation to participate.the infringement.

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.

Amendment 52

4. If the fishing vessel is not called to port, the flag Member State must 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.

Proposal for a regulation

5. Where a fishing vessel is required to proceed to port for a thorough inspection pursuant to paragraphs 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.

Article 39 – paragraph 1

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.

Text proposed by the Commission

Article 39

Amendment

Measures to ensure compliance

Member State 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 conservation and management measures adopted by NEAFC.

Member StatesState 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 thatset areout enforceablein onthis them.Regulation.

Article 40

Amendment 53

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

Proposal for a regulation

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

Article 52 – paragraph 1

(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;

Text proposed by the Commission

(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;

Amendment

(c) the number of inspections of non-Contracting Party vessels that it conducted under this 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;

1. Port Member States shall ensure surveillance by camera and sensor technologies at landing and processing facilities where more than 3,000 tonnes per year of the species referred to in Article 48 are weighed.

(d) where fish are landed or transhipped following an inspection pursuant to this Scheme, the report shall also include 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. The infringements shall continue 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. The report shall describe in specific terms any sanctions or penalties imposed, stating in particular the amount of fines, the value of forfeited fish and/or gear, any written warnings given and, if no action has been taken, the reasons thereof.

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 shall apply 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 is consequently presumed, unless its flag State has been accorded the status of active cooperating non-Contracting Party by NEAFC, 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 shall apply 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 XVII.

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 his vessel or does not fulfil any one of the obligations laid down in Article 24(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 into port shall notify the competent authorities of the port Member State in accordance with the provisions of Article 28. The port Member State concerned shall forward this 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 the provisions of 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(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 Council 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; or

(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, does not provide the confirmation in accordance with the provisions of Article 29; or

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

(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 under 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 the provisions of Article 45 when they enter their ports;

(b) not authorised to land or tranship in their ports or;

(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. The provisions laid down in paragraphs 1(b) to (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 under 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. The provisions in paragraphs 1(d), 3(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 will be permanently reassigned 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 NEAFC 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 Council 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 of a fishing vessel of equipment capable of automatically grading by size herring, mackerel, blue whiting or horse mackerel shall be 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

i. is stored in a frozen state,

ii. 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

iii. 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; or

(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; or

(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 at landing and processing facilities for landings exceeding 10 tonnes and 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.

Amendment 54

3. The person responsible for the weighing shall:

Proposal for a regulation

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

Article 52 – paragraph 4 a (new)

(b) store the surveillance data for a minimum period of 6 months and a maximum period of 3 years and provide the competent authorities with a copy of the stored data upon request.

Text proposed by the Commission

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.

Amendment

TITLE IV FINAL PROVISIONS

4a. This Article shall apply from 1 January 2026.

Article 53

Amendment 55

Data management, protection of personal data and confidentiality

Proposal for a regulation

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) to (5), Article 20(2), Article 21(2) to (5) and (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), Article 33, Article 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:

Article 54 – paragraph 1 – introductory part

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

Text proposed by the Commission

(b) monitoring of fishing opportunities including quota uptake in accordance with Article 18 of this Regulation;

Amendment

(c) validation of data in accordance with Article 17 of this Regulation;

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

(d) monitoring, control, inspection and surveillance of fishing activities in accordance with Article 19 to 47 of this Regulation; and

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

(e) enquiries pertaining to complaints, infringements, and judicial or administrative proceedings, in accordance with Articles 35 to 40 and Articles 42 to 47 of this Regulation.

Amendment 56

2. Personal data received in accordance with this Regulation shall not be stored for longer than it is necessary for the purpose it was collected and, in any event, longer than 5 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 anonymized.

Proposal for a regulation

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

Article 54 – paragraph 1 – point o a (new)

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

Text proposed by the Commission

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

Amendment

(a) ensure confidential treatment when transmitting and receiving electronic data;

(oa) list of codes of product from or presentation, preservation state of the resource, type of packing or container to be used in production logbook set out in in Annex VIa;

(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;

Amendment 57

(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;

Proposal for a 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

Article 54 – paragraph 3 – point a

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

Text proposed by the Commission

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:

Amendment

(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 under Article 113 of Council Regulation (EC) No 1224/2009 shall also 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 list of codes of product form, type of packing, type of container and type of processing set out in Annex VIa;

(a) the procedures for the notification of contact points referred to in Article 7(1) to (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)(b);

(d) the procedures for communications of transhipments set out in Article 15(1) to (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 aircrafts 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 data elements of the electronic fishing logbook, transhipment and port of landing reports set out in Annex VII;

(q) the data transmission format and data elements set out in Annex X;

(r) the FMC marking procedures set out in Annex XI;

(s) the data elements for the notification of inspector and inspection platforms set out in Annex XIII;

(t) the data elements for the notification of surveillance activities set out in Annex XV;

(u) the data elements for the transmission of surveillance and sighting reports set out in Annex XVI;

(v) the inspection report templates set out in Annex XVII and XXII;

(w) the rules on the construction and use of boarding ladders set out in Annex XVIII;

(x) the data elements of the notification of designation of ports set out in Annex XIX; and

(y) the template of the port state control forms set out in Annex XX.

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 of this Regulation 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 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 on the prohibition to use automatic grading equipment set out in Article 50(2); ▌

deleted

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

Amendment 58

(ca) the thresholds referred to in Article 52.

Proposal for a regulation

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

Article 54 – paragraph 3 – point b

(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.

Text proposed by the Commission

Article 55

Amendment

Exercise of the delegation

(b) the derogations on the prohibition to use automatic grading equipment set out in Article 50(2); and

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

deleted

2. The power to adopt delegated acts referred to in Article 54 shall be conferred on the Commission for a period of five years from 1 December 2023. 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.

Amendment 59

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 act already in force.

Proposal for a regulation

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 on Better Law-Making of 13 April 2016.

Annex VI – paragraph 1

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

Text proposed by the Commission

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 two months at the initiative of the European Parliament or of the Council.

Amendment

Article 56

Amendments to other Regulations

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

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

Article 57

Repeals

1. Council Regulations (EEC) No 1899/85 and (EEC) No 1638/87 and Regulation (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 Brussels,

For the European Parliament For the Council

The President The President

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

Alepocehalus 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

Apristuris 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

Chacon (Geyron) 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

Marcrourus 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 dypterigia

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

Rajafyllae

1 to 14

Arctic skate

RJG

Raja hyperborean

1 to 14

Norwegian skate

JAD

Rajanidarosiensus

1 to 14

Greenland halibut

GHL

Rheinhardtius 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

Other regulated resources

Stock (common name)

FAO code

ScientificName

ICES subareas

Porbeagle 1

POR

Lamna nasus

1 to 14

Spiny dogfish / spurdog

DGS

Squalus acanthias

1 to 14

Basking shark1

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 NEAFC 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

3. Cold-water coral reef

a. Lophelia pertusa reef

b. Solenosmilia variabilis reef

Lophelia pertusa

Solenosmilia variabilis

4. 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

iv. Soft-bottom gorgonian and black coral gardens

Chrysogorgiidae

v. Cup-coral fields

Caryophylliidae

Flabellidae

vi. Cauliflower coral fields

Nephtheidae

5. 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 metres 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

6. Existing fishing area: coordinates of Hatton Bank (HAR 1 – 5)

HAR 1

HAR 1

lat

lon

LAT

LON

1

60.0557

-14.2048

60°03.34

-14°12.29

2

59.6708

-14.0275

59°40.25

-14°01.65

3

59.5262

-14.2562

59°31.57

-14°15.37

4

59.3197

-14.6393

59°19.18

-14°38.36

5

59.2495

-14.8738

59°14.97

-14°52.43

6

59.1178

-14.9539

59°07.07

-14°57.23

7

59.0620

-15.7430

59°03.72

-15°44.58

8

58.9765

-15.9202

58°58.59

-15°55.21

9

59.0620

-16.3034

59°03.72

-16°18.20

10

59.2992

-16.5207

59°17.95

-16°31.24

11

59.6160

-16.5207

59°36.96

-16°31.24

12

59.6160

-15.4456

59°36.96

-15°26.74

13

59.8005

-14.8280

59°48.03

-14°49.68

14

60.0670

-14.3420

60°04.02

-14°20.52

15

60.0557

-14.2048

60°03.34

-14°12.29

HAR 2

HAR 2

lat

lon

LAT

LON

1

59.6998

-16.7094

59°41.99

-16°42.56

2

59.2496

-16.8066

59°14.97

-16°48.39

3

59.1530

-17.4699

59°09.18

-17°28.19

4

58.9913

-17.3384

58°59.48

-17°20.30

5

59.0884

-16.9552

59°05.30

-16°57.31

6

58.9618

-16.7094

58°57.71

-16°42.56

7

58.4600

-17.4584

58°27.60

-17°27.51

8

58.1897

-17.5156

58°11.38

-17°30.94

9

58.0901

-17.2297

58°05.41

-17°13.78

10

57.9720

-17.2412

57°58.32

-17°14.47

11

57.9144

-17.1039

57°54.86

-17°06.23

12

57.8292

-17.0925

57°49.75

-17°05.55

13

57.5511

-17.7844

57°33.07

-17°47.06

14

57.4928

-18.2075

57°29.57

-18°12.45

15

57.2955

-18.4935

57°17.73

-18°29.61

16

57.2151

-18.8194

57°12.91

-18°49.16

17

57.0662

-19.3512

57°03.97

-19°21.07

18

56.4992

-19.5399

56°29.95

-19°32.39

19

56.6127

-20.0202

56°36.76

-20°01.21

20

56.3791

-20.4377

56°22.75

-20°26.26

21

56.3791

-20.6435

56°22.75

-20°38.61

22

56.4992

-20.8494

56°29.95

-20°50.96

23

56.6190

-20.8494

56°37.14

-20°50.96

24

56.8354

-20.4262

56°50.13

-20°25.57

25

57.2368

-20.5635

57°14.21

-20°33.81

26

57.5818

-20.5635

57°34.91

-20°33.81

27

57.8566

-20.1803

57°51.40

-20°10.82

28

57.9235

-19.8830

57°55.41

-19°52.98

29

58.4809

-19.2425

58°28.85

-19°14.55

30

58.6806

-19.2826

58°40.84

-19°16.95

31

58.9766

-18.9967

58°58.59

-18°59.80

32

59.2145

-18.2876

59°12.87

-18°17.26

33

59.2700

-17.9216

59°16.20

-17°55.30

34

59.5001

-17.6643

59°30.01

-17°39.86

35

59.6998

-16.7094

59°41.99

-16°42.56

HAR 3

HAR 3

lat

lon

LAT

LON

1

54.9406

-17.2011

54°56.44

-17°12.07

2

54.5810

-18.0303

54°34.86

-18°01.82

3

54.4083

-18.3962

54°24.50

-18°23.77

4

54.4781

-19.0538

54°28.69

-19°03.23

5

54.4150

-19.3112

54°24.90

-19°18.67

6

53.9767

-19.9516

53°58.60

-19°57.10

7

54.1847

-20.1289

54°11.08

-20°07.73

8

54.3350

-20.1003

54°20.10

-20°06.02

9

54.6373

-19.3912

54°38.24

-19°23.47

10

54.9800

-19.2540

54°58.80

-19°15.24

11

55.0685

-18.7393

55°04.11

-18°44.36

12

55.4303

-18.6822

55°25.82

-18°40.93

13

55.4076

-18.4134

55°24.46

-18°24.80

14

55.1438

-17.7730

55°08.63

-17°46.38

15

54.9505

-18.0303

54°57.03

-18°01.82

16

54.9800

-17.1325

54°58.80

-17°07.95

17

54.9406

-17.2011

54°56.44

-17°12.07

HAR 4

HAR 4

lat

lon

LAT

LON

1

58.4869

-14.7537

58°29.21

-14°45.22

2

58.0659

-14.7766

58°03.96

-14°46.59

3

57.4928

-14.6851

57°29.57

-14°41.11

4

56.9385

-14.5479

56°56.31

-14°32.87

5

56.5812

-14.3020

56°34.87

-14°18.12

6

55.5696

-15.4571

55°34.18

-15°27.42

7

55.5146

-15.7887

55°30.88

-15°47.32

8

55.3914

-15.9488

55°23.48

-15°56.93

9

55.2116

-16.7523

55°12.69

-16°45.14

10

55.2884

-16.8972

55°17.30

-16°53.83

11

55.4329

-16.8667

55°25.98

-16°52.00

12

55.5223

-16.6862

55°31.34

-16°41.17

13

55.5081

-17.5842

55°30.49

-17°35.05

14

55.5656

-17.6744

55°33.94

-17°40.46

15

55.2221

-18.0232

55°13.32

-18°01.39

16

55.3183

-18.2793

55°19.10

-18°16.76

17

55.6856

-17.9905

55°41.14

-17°59.43

18

55.7960

-17.8706

55°47.76

-17°52.23

19

56.4973

-17.7834

56°29.84

-17°47.00

20

56.5994

-17.8215

56°35.97

-17°49.29

21

56.6983

-17.6308

56°41.90

-17°37.85

22

56.7509

-17.3955

56°45.05

-17°23.73

23

56.8948

-17.1325

56°53.69

-17°07.95

24

56.9167

-16.7780

56°55.00

-16°46.68

25

57.1904

-16.7094

57°11.42

-16°42.56

26

57.1532

-15.7887

57°09.19

-15°47.32

27

57.2708

-15.3942

57°16.25

-15°23.65

28

57.6188

-15.3054

57°37.13

-15°18.32

29

57.8415

-15.3104

57°50.49

-15°18.63

30

57.9537

-15.4859

57°57.22

-15°29.15

31

58.0668

-15.4376

58°04.01

-15°26.26

32

58.2131

-15.4859

58°12.79

-15°29.15

33

58.3882

-15.2392

58°23.29

-15°14.35

34

58.3628

-15.1350

58°21.77

-15°08.10

35

58.5018

-14.9024

58°30.11

-14°54.14

36

58.4869

-14.7537

58°29.21

-14°45.22

HAR 5

HAR 5

lat

lon

LAT

LON

1

55.8531

-19.9630

55°51.19

-19°57.78

2

55.4368

-19.7457

55°26.21

-19°44.74

3

55.3361

-20.2375

55°20.17

-20°14.25

4

55.4855

-20.7236

55°29.13

-20°43.41

5

55.7856

-20.4548

55°47.14

-20°27.29

6

55.8531

-19.9630

55°51.19

-19°57.78

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

JOS 1

JOS 1

Lat

lon

LAT

LON

1

37.0621

-14.1703

37°03.73

-14°10.22

2

36.7150

-14.1044

36°42.90

-14°06.26

3

36.5521

-14.1854

36°33.12

-14°11.13

4

36.5622

-14.2668

36°33.73

-14°16.01

5

36.7029

-14.5385

36°42.17

-14°32.31

6

36.8795

-14.5560

36°52.77

-14°33.36

7

37.0560

-14.2415

37°03.36

-14°14.49

8

37.0621

-14.1703

37°03.73

-14°10.22

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

MAR 1

MAR 1

Lat

lon

LAT

LON

1

57.1717

-33.3419

57°10.30

-33°20.51

2

57.0976

-33.1241

57°05.85

-33°07.45

3

56.7293

-33.4885

56°43.76

-33°29.31

4

56.4943

-33.5696

56°29.66

-33°34.18

5

56.3731

-34.0165

56°22.39

-34°00.99

6

56.5289

-34.2443

56°31.73

-34°14.66

7

56.7449

-34.1446

56°44.69

-34°08.68

8

57.1517

-33.5070

57°09.10

-33°30.42

9

57.1717

-33.3419

57°10.30

-33°20.51

MAR 2

MAR 2

Lat

lon

LAT

LON

1

44.7495

-25.2187

44°44.97

-25°13.12

2

44.4873

-24.9684

44°29.24

-24°58.10

3

44.3749

-25.2867

44°22.50

-25°17.20

4

44.5689

-25.4261

44°34.13

-25°25.57

5

44.7977

-25.3331

44°47.86

-25°19.99

6

44.7495

-25.2187

44°44.97

-25°13.12

MAR 3

MAR 3

Lat

lon

LAT

LON

1

45.6840

-27.2571

45°41.04

-27°15.42

2

45.4763

-27.1426

45°28.58

-27°08.56

3

45.4286

-27.4180

45°25.72

-27°25.08

4

45.2023

-27.6218

45°12.14

-27°37.31

5

45.1872

-27.7613

45°11.23

-27°45.68

6

45.4913

-27.8757

45°29.48

-27°52.54

7

45.6690

-27.6683

45°40.14

-27°40.10

8

45.6690

-27.2571

45°40.14

-27°15.42

9

45.6840

-27.2571

45°41.04

-27°15.42

MAR 4

MAR 4

lat

lon

LAT

LON

1

46.3844

-27.6218

46°23.06

-27°37.31

2

46.0528

-27.6469

46°03.17

-27°38.81

3

46.0528

-27.9186

46°03.17

-27°55.12

4

46.3992

-27.9186

46°23.95

-27°55.12

5

46.3992

-27.6683

46°23.95

-27°40.10

6

46.3844

-27.6218

46°23.06

-27°37.31

MAR 5

MAR 5

lat

lon

LAT

LON

1

47.5556

-27.4395

47°33.34

-27°26.37

2

47.2919

-27.3036

47°17.51

-27°18.21

3

47.2919

-27.8042

47°17.51

-27°48.25

4

47.4638

-27.9437

47°27.83

-27°56.62

5

47.7243

-27.8042

47°43.46

-27°48.25

6

47.5556

-27.4859

47°33.34

-27°29.16

7

47.5556

-27.4395

47°33.34

-27°26.37

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

BAR 1

BAR 1

lat

lon

LAT

LON

1

74.1356

41.0604

74°08.14

41°03.62

2

73.7439

41.3600

73°44.63

41°21.60

3

73.4273

41.0317

73°25.64

41°01.90

4

73.1143

40.7075

73°06.86

40°42.45

5

72.6406

40.5967

72°38.44

40°35.80

6

72.1881

40.5433

72°11.29

40°32.60

7

72.2545

39.7799

72°15.27

39°46.79

8

72.6810

38.8237

72°40.86

38°49.42

9

73.0749

37.6254

73°04.49

37°37.52

10

73.3730

36.6445

73°22.38

36°38.67

11

73.6367

35.3640

73°38.20

35°21.84

12

73.9028

34.1123

73°54.17

34°06.74

13

73.9778

33.7019

73°58.67

33°42.11

14

74.2908

35.0644

74°17.45

35°03.86

15

74.5760

36.0207

74°34.56

36°01.24

16

74.9065

36.9441

74°54.39

36°56.65

17

74.9377

37.0000

74°56.26

37°00.00

18

75.1947

37.0000

75°11.68

37°00.00

19

75.5264

37.5368

75°31.58

37°32.21

20

75.8002

38.0000

75°48.01

38°00.00

21

77.3222

38.0000

77°19.33

38°00.00

22

77.1900

39.0197

77°11.40

39°01.18

23

77.0770

40.1494

77°04.62

40°8.96

24

76.9570

41.5452

76°57.42

41°32.71

25

76.8570

42.9472

76°51.42

42°56.83

26

76.8138

43.9780

76°48.828

43°58.68

27

76.6350

43.6305

76°38.10

43°37.83

28

76.3275

43.2220

76°19.65

43°13.32

29

76.1361

43.0563

76°08.16

43°03.37

30

76.0200

42.0669

76°01.20

42°04.01

31

75.5715

42.1034

75°34.29

42°06.20

32

75.0994

39.5952

75°05.96

39°35.71

33

74.1356

41.0604

74°08.14

41°03.62

Existing fishing area: coordinates of Reykjanes Ridge

Reykjanes Ridge

lat

lon

LAT

LON

1

60.9844

-27.0000

60°59.07

-27°00.00

2

60.8811

-27.4432

60°52.86

-27°26.59

3

60.8893

-27.6897

60°53.36

-27°41.38

4

60.9592

-27.8432

60°57.55

-27°50.59

5

61.0295

-27.7756

61°01.77

-27°46.53

6

61.1569

-28.0560

61°09.41

-28°03.36

7

61.1901

-28.0221

61°11.41

-28°01.33

8

60.9844

-27.0000

60°59.07

-27°00.00

ANNEX IV TECHNICAL MEASURES APPLICABLE IN THE NEAFC REGULATORY AREA

7. Landing obligation

It is prohibited to discard or release catches from the NEAFC Regulatory Area of the species listed below:

(a) species listed in Annex I.1),

(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.

Minimum conservation reference sizes in the NEAFC 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

Mesh sizes in the NEAFC Regulatory Area

Baseline mesh sizes for towed gear

The following codend mesh sizes and associated conditions apply in the NEAFC 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 sub-areas 1 and 2

Directed fishing for Northern prawn (Pandalus borealis)

A sorting grid with a maximum bar spacing of 22 shall be fitted

At least 16 mm

Whole area

Directed fishing for mackerel, capelin () and Argentines

7.1. Baseline mesh sizes for static nets

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

Mesh size

Geographical areas

Conditions

At least 220 mm

Whole area

None

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 following coordinates measured according to the WGS84 system:

Latitude

Longitude

63° 00’

‐30° 00’

61° 30’

‐27° 35’

60° 45’

‐28° 45’

62° 00’

‐31° 35’

63° 00’

‐30° 00’

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.

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 co‐ordinates, which shall be measured according to the WGS84 system:

60°58.76’ N ‐ 27°27.32’ W

60°56.02’ N ‐ 27°31.16’ W

60°59.76’ N ‐ 27°43.48’ W

61°03.00’ N ‐ 27°39.41’ W

Measures for the redfish fishery in international waters of ICES sub-areas 1 and 2

6.1. 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 sub-area 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:

— 57°00′ N, 15°00′ W

— 57°00′ N, 14°00′ W

— 56°30′ N, 14°00′ W

— 56°30′ N, 15°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:

59°45′ N, 33°30′ W

57°30′ N, 27°30′ W

56°45′ N, 28°30′ W

59°15′ N, 34°30′ W

59°45′ N, 33°30′ W

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

53°30′ N, 38°00′ W

53°30′ N, 36°49′ W

55°04.53′ N, 36°49′ W

54°58.99′ N, 34°41.36′ W

54°41.18′ N, 34°00′ W

53°30′ N, 34°00′ W

53°30′ N, 30°00′ W

51°30′ N, 28°00′ W

49°00′ N, 26°30′ W

49°00′ N, 30°30′ W

51°30′ N, 32°00′ W

51°30′ N, 38°00′ W

53°30′ N, 38°00′ W

(c) Southern MAR Area:

44°30′ N, 30°30′ W

44°30′ N, 27°00′ W

43°15′ N, 27°15′ W

43°15′ N, 31°00′ W

44°30′ N, 30°30′ W

(d) Altair Seamount:

45°00′ N, 34°35′ W

45°00′ N, 33°45′ W

44°25′ N, 33°45′ W

44°25′ N, 34°35′ W

45°00′ N, 34°35′ W

Antialtair Seamount:

43°45′ N, 22°50′ W

43°45′ N, 22°05′ W

43°25′ N, 22°05′ W

43°25′ N, 22°50′ W

43°45′ N, 22°50′ W

(e) Hatton Bank:

59°26′ N, 14°30′ W

59°12′ N, 15°08′ W

58°34′ N, 16°47′ W

58°29′ N, 17°25′ W

58°30′ N, 17°52′ W

58°03′ N, 17°52′ W

58°03′ N, 17°30′ W

57°55′ N, 17°30′ W

57°45′ N, 19°15′ W

58°11.15′ N, 18°57.51′ W

58°11.57′ N, 19°11.97′ W

58°27.75′ N, 19°11.65′ W

58°39.09′ N, 19°14.28′ W

58°38.11′ N, 19°01.29′ W

58°53.14′ N, 18°43.54′ W

59°00.29′ N, 18°01.31′ W

59°08.01′ N, 17°49.31′ W

59°08.75′ N, 18°01.47′ W

59°15.16′ N, 18°01.56′ W

59°24.17′ N, 17°31.22′ W

59°21.77′ N, 17°15.36′ W

59°26.91′ N, 17°01.66′ W

59°42.69′ N, 16°45.96′ W

59°20.97′ N, 15°44.75′ W

59°21′ N, 15°40′ W

59°26′ N, 14°30′ W

(f) Northwest Rockall:

57°00′ N, 14°53′ W

57°37′ N, 14°42′ W

57°55′ N, 14°24′ W

58°15′ N, 13°50′ W

57°57′ N, 13°09′ W

57°50′ N, 13°14′ W

57°57′ N, 13°45′ W

57°49′ N, 14°06′ W

57°29′ N, 14°19′ W

57°22′ N, 14°19′ W

57°00′ N, 14°34′ W

56°56′ N, 14°36′ W

56°56′ N, 14°51′ W

57°00′ N, 14°53′ W

(g) Southwest Rockall (Empress of Britain Bank):

Area 1

56°24′ N, 15°37′ W

56°21′ N, 14°58′ W

56°04′ N, 15°10′ W

55°51′ N, 15°37′ W

56°10′ N, 15°52′ W

56°24′ N, 15°37′ W

Area 2

55°56.90 N -16°11.30 W

55°58.20 N -16°11.30 W

55°58.30 N -16°02.80 W

55°56.90 N -16°02.80 W

55°56.90 N -16°11.30 W

Area 3

55°49.90 N -15°56.00 W

55°48.50 N -15°56.00 W

55°48.30 N -15°50.60 W

55°49.60 N -15°50.60 W

55°49.90 N -15°56.00 W

(h)

(i) Edora’s bank

56°26.00 N -22°26.00 W

56°28.00 N -22°04.00 W

56°16.00 N -21°42.00 W

56°05.00 N -21°40.00 W

55°55.00 N -21°47.00 W

55°45.00 N -22°00.00 W

55°43.00 N -23°14.00 W

55°50.00 N -23°16.00 W

56°05.00 N -23°06.00 W

56°18.00 N -22°43.00 W

56°26.00 N -22°26.00 W

(j) Southwest Rockall Bank

Area 1

55°58.16 N -16°13.18 W

55°58.24 N -16°02.56 W

55°54.86 N -16°05.55 W

55°58.16 N -16°13.18 W

Area 2

55°55.86 N -15°40.84 W

55°51.00 N -15°37.00 W

55°47.86 N -15°53.81 W

55°49.29 N -15°56.39 W

55°55.86 N -15°40.84 W

(k) Hatton-Rockall Basin

Area 1

58°00.15 N-15°27.23 W

58°00.15 N -15°38.26 W

57°54.19 N -15°38.26 W

57°54.19 N -15°27.23 W

58°00.15 N -15°27.23 W

Area 2

58°06.46 N -16°37.15 W

58°15.93 N -16°28.46 W

58°06.77 N -16°10.40 W

58°03.43 N -16° 10.43 W

58°01.49 N -16°25.19 W

58°02.62 N -16°36.96 W

58°06.46 N -16°37.15 W

(l) Hatton Bank 2

Area 1

57°51.76 N -18°05.87 W

57°55.00 N -17°30.00 W

58°03.00 N -17°30.00 W

57°53.10 N -16°56.33 W

57°35.11 N -18°02.01 W

57°51.76 N -18°05.87 W

Area 2

57°59.96 N -19°05.05 W

57°45.00 N -19°15.00 W

57°50.07 N -18°23.82 W

57°31.13 N -18°21.28 W

57°14.09 N -19°28.43 W

57°02.21 N -19°27.53 W

56°53.12 N -19°28.97 W

56°50.22 N -19°33.62 W

56°46.68 N -19°53.72 W

57°00.04 N -20°04.22 W

57°10.31 N -19°55.24 W

57°32.67 N -19°52.64 W

57°46.68 N -19°37.86 W

57°59.96 N -19°05.05 W

(m) Logachev Mounds:

55°17′ N, 16°10′ W

55°34′ N, 15°07′ W

55°50′ N, 15°15′ W

55°33′ N, 16°16′ W

55°17′ N, 16°10′ W

(n) West Rockall Mound:

57°20′ N, 16°30′ W

57°05′ N, 15°58′ W

56°21′ N, 17°17′ W

56°40′ N, 17°50′ W

57°20′ N, 16°30′ W

ANNEX V NOTIFICATION AND AUTHORISATION OF FISHING VESSELS

8. 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

M3

IMO/UVI number of the vessel

Internal Reference Number

O1

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

M2

Responsible for using the vessel

Vessel charterer

M2

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 meters

Vessel power

M

Engine power in kilowatts

Limited authorisation

O

Licence detail; authorisation subject to specific restrictions on operation in the R.A., “Y” or “N”

1 CFR number

2 Whichever one is appropriate

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

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

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

O1

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

Relevant Area

O1

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

1 Whichever is appropriate

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

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.

ANNEX VI PRODUCTION LOGBOOK

Data element:

Field code

Mandatory /Optional

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.

The relevant code lists shall be in accordance with the Annex VIa.

Amendment 60

Proposal for a regulation

Annex VI a (new)

Text proposed by the Commission

Amendment

ANNEX VIa

LIST OF CODES OF PRODUCT FORM,FROM TYPEOR OFPRESENTATION, PACKING,PRESERVATION TYPESTATE OF CONTAINERTHE ANDRESOURCE, TYPE OF PROCESSINGPACKING OR CONTAINER TO BE USED IN PRODUCTION LOGBOOK

1. The form or presentation of a processed resource's cut or partpart.

Code

Wings only

2. The type of packaging or containerpreservation instate whereof the resource is

Code

Description

FRE

Fresh

FRZ

Frozen

OTH

Any other processing

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

Code

Name

Catch delivered in tanks not covered by other descriptions

3. The state of processing of the resource

EXPLANATORY STATEMENT

Code

The rapporteur welcomes the proposed Regulation that compiles and implements into Union law the conservation, management and control measures adopted by the North East Atlantic Fisheries Commission (NEAFC). In order to ensure a sustainable exploitation of marine biological resources together with a level playing field in the NEAFC Convention area, the transposition of all recommendations into European Union (EU) law should be completed expeditiously.

Description

NEAFC plays a significant role in regulating and conserving marine resources, overseeing fishing activities, and safeguarding the fragile ecosystems in this area. By incorporating NEAFC recommendations into Union law, EU vessels can ensure that their fishing practices align with international agreements and commitments, promoting responsible and environmentally friendly fisheries management. This transposition facilitates cooperation between EU member states and international partners, reinforcing our common dedication to combat overfishing, protect vulnerable species as well as ecosystems, and maintain the long-term viability of fisheries in the North East Atlantic.

FRE

The rapporteur would also like to highlight the importance of the objectives of the Common Fisheries Policy (CFP), in particular the policy’s environmental commitments pertaining to when EU vessels are active in non-EU waters, and the adherence to respective Regional fisheries management organisation (RMFO) rules. The rules of the CFP, if implemented properly, provide an ambitious and sustainable approach to fisheries management.

Fresh

In 2022, the Union had 301 fishing vessels authorised to operate in the NEAFC Regulatory Area, that is, beyond the waters under the fisheries jurisdiction of Contracting Parties. However, the actual Union fishing operations have been rather limited, with Lithuania, Latvia and Estonia currently having the most significant fishing activity in international waters of the Barents Sea. Some Union vessels from Portugal, Spain, France and the Netherlands operate in other areas as well, to a lesser extent. The vast majority of fishing activity is thus concentrated in Union waters.

FRZ

The rapporteur notes that Title III of the proposed Regulation implements the agreed record of conclusions of fisheries consultations, between Norway, the EU, the Faroe Islands, Greenland, Iceland and the United Kingdom on control measures for pelagic stocks in the North East Atlantic, of November 2022. Five out of the six NEAFC Contracting Parties have agreed to support the surveillance by camera and sensor technologies of landings at a limited number of landing and processing facilities, where more than 3,000 tonnes per year of certain species are weighed. It is therefore coherent to incorporate these provisions in the present Regulation as well, in order to avoid any delays and to ensure that port Member States have sufficient time to prepare for the implementation of those already agreed measures before their date of applicability, i.e. 1 January 2026. Furthermore, it not only fosters a level playing field but also serves as a testament to the EU's commitment to fulfilling its international obligations to our global partners.

Frozen

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

OTH

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:

Any other processing

Entity and/or person

ANNEX VII RECORDING OF CATCH AND FISHING EFFORT

Europêche

9. Electronic logbook

Deep Sea Conservation Coalition

9.1. Fishing Activity Reports

OCEANA

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.

The Pew Charitable Trusts

a) Fishing Activity Reports: header data

The list above is drawn up under the exclusive responsibility of the rapporteur.

Data to be included in all Fishing Activity Reports

PROCEDURE – COMMITTEE RESPONSIBLE

Data element

Title

Status

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 Council Regulation (EEC) No 1899/85 and Regulation (EU) No 1236/2010

(M = Mandatory

References

O = Optional

COM(2023)0362 – C9-0221/2023 – 2023/0206(COD)

C = Compulsory if applicable)

Date submitted to Parliament

Remarks

30.6.2023

Report details

Committee responsible

Report identification

Date announced in plenary

M

PECH

Unique identification of the Fishing Activity Report

11.9.2023

Report type

Committees asked for opinions

M

Date announced in plenary

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

ENVI

Purpose

11.9.2023

M

Not delivering opinions

Creation or correction of a report

Date of decision

Referenced report identifier

ENVI

C

12.10.2023

The report identifier of report that is being corrected In case of a correction of an accepted report

Rapporteurs

Originating FMC

Date appointed

M

Francisco Guerreiro

ISO 3 letter country code of the Flag-State FMC

20.9.2023

Acceptance

Discussed in committee

M

21.9.2023

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

29.11.2023

FMC marker

Date adopted

C

23.1.2024

FMC marking

Result of final vote

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

+:

Creation

–:

M

0:

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

15

Sequence number

9

O

2

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.

Members present for the final vote

Fishing trip information

Clara Aguilera, João Albuquerque, Pietro Bartolo, Izaskun Bilbao Barandica, Isabel Carvalhais, Maria da Graça Carvalho, Asger Christensen, Rosanna Conte, Rosa D’Amato, Francisco Guerreiro, Anja Haga, Anja Hazekamp, Jan Huitema, Ladislav Ilčić, Pierre Karleskind, Predrag Fred Matić, Francisco José Millán Mon, João Pimenta Lopes, Caroline Roose, Bert-Jan Ruissen, Marc Tarabella, Theodoros Zagorakis

All activities have a reference to the fishing trip

Substitutes present for the final vote

RA trip identifier

Gabriel Mato, Cláudia Monteiro de Aguiar, Grace O’Sullivan

O

Substitutes under Rule 209(7) present for the final vote

The unique identifier for the current trip in the NEAFC RA

Christian Doleschal

Contracting Party Internal Trip ID

Date tabled

O

24.1.2024

Fishing trip ID according to the definition of a Contracting Party

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

Vessel details

Key to symbols:

Radio Call sign and IMO number is required. Where IMO is not applicable (for Vessels under IMO resolution A.1078 (28)), use of either CP 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 CP 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

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

9.2. 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 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 gears

C

Number of gears 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 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 R.A. 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).

10. 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.

ANNEX VIII DELIMITATION OF THE REGULATORY AREA

Any changes to the coordinates used for the database defined in Article 16(1)(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 IX COMMUNICATION OF VMS REPORTS

Position Report

Vessel identity: At least 2 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 X NAF FORMAT REPORTING

11. 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.

12. 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 Annex IX(D)(2)

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 as in Annex IX€

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

Ext. registration

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 meters

“OA”length overall,& “PP” length between perpendiculars Total length of the vessel in meters, rounded to the nearest whole meter

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 = 65°35’ North

Longitude

LO

Char*6

E/WDDDMM (WGS-84)

e.g. //LO/W02134 = 21°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

13. 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 R.A.

SEX

Surveillance exit

Report transmitted by Contracting Party on the exit of surveillance craft in the R.A

OBS

Observation

Report transmitted by Contracting Party on observations of fishing vessels in the R.A. by its inspectors assigned under this Recommendation

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 XI FMC MARKING

The FMC shall use the following codes to tag reports before transmitting these 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 XII IDENTIFICATION OF INSPECTORS

The size of the card should be 10 x 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 XIII NOTIFICATION OF INSPECTORS AND INSPECTION PLATFORMS

1. Inspectors

Data element

Field code

Status

(M = Mandatory)

(O = Optional)

Remarks

Inspectors 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

E-mail address

*

M

E-mail 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 (2182 kHz, Channel 16 etc.)

Telephone

*

O

Telephone number(s) if available

E-mail

*

O

E-mail address(es) if available

ANNEX XIV 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 XV 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 R.A.

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

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

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 R.A.

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 (1)

Time

M

Surveillance detail; time of exit (1)

Latitude

M

Surveillance detail; position at time of exit (1)

Longitude

M

Surveillance detail; position at time of exit (1)

End record

M

System details; Indicates end of the record

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

ANNEX XVI ▌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 XVII NEAFC INSPECTION REPORT

CONTRACTING PARTY:

ASSIGNED INSPECTION VESSEL:

NAME

REGISTRATION NUMBER

CALL SIGN

NEAFC REFERENCE

ASSIGNED INSPECTORS:

NAME

NEAFC REFERENCE

NAME

NEAFC REFERENCE

PART A. IDENTIFICATION OF INSPECTED VESSEL

A 1.1

IMO Number

A 1.2

International Radio Call Sign

A 1.3

Vessel name

A.2

External Registration Number

A.3

Vessel type

A.4

Position of inspection determined by the inspection vessel

DATE

TIME

Latitude

Longitude

A.5

Equipment used to determine the position

A.6

Flag State

A.7

Master’s name and address

A.8

Vessel activity

A.9

Position of inspection determined by the inspected vessel

DATE

TIME

Latitude

Longitude

A.10

Equipment used to determine the position

Observations by the inspectors, if any:

Initials:

PART B. VERIFICATION

In the event that the result of the verification is positive indicate by encircling Y and if negative mark N, otherwise indicate or note the requested information.

B.1.

Vessel Documentation

Checked:

Y/N

B.1.1.

Authorisation to fish in the NEAFC Regulatory Area :

Y/N

B.1.2.

Authorisation to fish the following regulated resources :

B.1.3.

Where appropriate,

Y/N

Certified Drawing or description of fish room kept on board :

Y/N

B.1.4.

Where appropriate,

Y/N

Certified Drawing or description of refrigerated sea water tanks kept on board :

Y/N

B.1.5.

Where appropriate,

Y/N

Certified Calibration tables of refrigerated sea water tanks kept on board:

Y/N

Observations by the inspectors, if any:

Initials:

B.2. Reporting of vessel movements/VMS

Checked:

Y/N

B.2.1. FISHING TRIP

B.2.2. REPORTS / VMS

Arrival in NEAFC RA

Last position communicated

VMS transponder installed

Y/N

VMS system operative

Y/N

Date

Are reports communicated If Yes, note:

Y/N

Time

☐ date:...................

(a) Catch on Entry report

Longitude

☐ date:...................

(b) Daily catch report1

Latitude

☐ date:...................

(c) Transhipment

Days in NEAFC R.A

☐ date:...................

(d) Last manual position report

☐ date:...................

(e) Catch on Exit report

B.3 Recording of fishing effort and catches

B.3.1

Fishing Logbook

Checked:

Y/N

B.3.1.1.

Are recordings made in accordance with Article 9:

Y/N

B.3.1.1.1

If not, indicate the inaccurate or missing recording(s):

(a)

logbook not bound with numbered pages;

(b)

fishing gear used;

(c)

recording of catches by species and total;

(d)

fishing zones / location;

(e)

where appropriate,

Y/N

transhipments;

(f)

where appropriate,

Y/N

transmission of hail reports;

(g)

certification of recordings by the master.

(h)

other:

B.3.2

Production Logbook and Stowage Plan

Checked:

Y/N

B.3.2.1

Are production logbook and stowage plan required :

Y/N

B.3.2.2

Production logbook available :

Y/N

If No, go to 3.2.4

B.3.2.3

If Yes, Information:

COMPLETE/INCOMPLETE

B.3.2.3.1

If not, indicate the missing information:

(a)

quantities kept on board in product weight by type of commercial presentation and species;

(b)

conversion factors for each type of presentation.;

(c)

certification of recordings by the master.

(d)

other:

B.3.2.4.

A stowage plan maintained:

Y/N

B.3.2.5.

If Yes, Information:

COMPLETE/INCOMPLETE

B.3.2.5.1.

If not, indicate the missing information:

(a)

quantities not stowed by type of commercial presentation and species as indicated in the plan;

(b)

quantities by type of commercial presentation and species in the hold not identified.

(c)

other:

B.4.

Catches retained on board

Checked:

Y/N

B.4.1

Quantities recorded by the master

SPECIES

DECLARED QUANTITIES ON BOARD (Kilograms Live weight)

Where available PROCESSED QUANTITIES (Kilograms Processed weight)

CONVERSION FACTOR

On Board1

Caught2

Transshipped3

Total on Board4

TOTAL

1. Quantities on board when entering the NEAFC RA

2. Quantities caught and retained on board in the NEAFC RA

3. Quantities loaded (+) or unloaded (-) in the NEAFC RA

4. Total declared quantities on board at the time of inspection

B.4.2

Quantities on board determined by the inspectors

SPECIES

QUANTITY (Kilograms Processed weight)

VOLUME/ DENSITY FACTOR/ CONVERSION FACTOR

CALCULATED QUANTITIES (Kilograms Live weight)

Difference (%)1

OBSERVATIONS

TOTAL

1. Difference between the quantities on board as determined by the inspectors and the total quantities on board as declared by the master

B.5

Fishing gear and markings

Checked:

Y/N

B.5.1

Type of fishing gear used

(https://www.neafc.org/mdr/NEAFC_GEAR_TYPE):

B.5.2

Type of net attachments used

(https://www.neafc.org/mdr/NEAFC_GEAR_DEVICES_AND_ATTACHMENT):

B.5.3

Stationary gear used marked : Y/N

Comment:

B.5.4

Unused gear securely lashed and stowed: Y/N

Comment:

B.5.5

Mesh measurement of gear used

Checked:

Y/N

B.5.5.1

Cod end (inclusive of lengthener(s), if any - Sample of 20 meshes

Type of Gear1

CONDITION : WET/DRY MATERIAL: .....................................

Average width (in mm)

Legal size (in mm)

MESH SIZE (WIDTH) In Millimetres

1 https://www.neafc.org/mdr/NEAFC_GEAR_TYPE

B.5.5.2.

Chafer Samples of .............. meshes

Type1

CONDITION: WET/DRYMATERIAL: ............................................

Average width (in mm)

Legal size (in mm)

MESH SIZE (WIDTH) In Millimetres

1 https://www.neafc.org/mdr/NEAFC_GEAR_DEVICES_AND_ATTACHMENTS

B.5.5.3.Rest of net - Sample of 20 meshes

Type1

CONDITION : WET/DRYMATERIAL : ..........................................

Average width (in mm)

Legal size (in mm)

MESH SIZE (WIDTH) In Millimetres

1 https://www.neafc.org/mdr/NEAFC_GEAR_DEVICES_AND_ATTACHMENTS

PART C. EVALUATION

C.1.1

Analysis of catches of the last haul

Checked:

Y/N

Sample taken:

Y/N

Weight: ....... in Kg.

Visual Estimate:

Y/N

Species FAO Alpha Code

Weight of species (live weight Kg)

% undersized fish

% discards

Remarks

TOTAL

PART D. COOPERATION

D.1

Level of cooperation deemed appropriate:

Y/N

D.1.1

If not, indicate the shortcomings:

(a)

prevented an inspector from carrying out his duties;

(b)

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

(c)

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

(d)

failure to facilitate prompt and safe boarding and disembarkation;

(e)

failure to allow the inspectors to communicate with authorities of the flag contracting Party and the inspecting contracting Party;

(f)

failure to provide access to relevant areas, decks and rooms of the fishing vessel, catch (whether processed or not) nets or other gear, equipment, and any relevant documents

Observations by the inspectors if any:

Initials:

PART E. INFRINGEMENTS AND OBSERVATIONS

E.1. Infringements noted

Article

Cite NEAFC provision(s) violated and summarise observations and pertinent facts

Seal Number(s)

Refer to evidence, documentation or photographs

PART E INFRINGEMENTS AND OBSERVATIONS

E.2. Observations by the inspectors

Initials:

Statement of witness:

Date

Signature

Name

Address

PART E INFRINGEMENTS AND OBSERVATIONS

E.3. Observations by the Master

I, the undersigned, Master of the vessel

hereby confirm that a copy of this report and second photographs taken, if any, have been delivered to me on this date. My signature does not constitute acceptance of any part of the contents of this report, except my own observations, if any.

Signature:

Date:

PART F. DECLARATION BY NEAFC INSPECTORS

Date

and time arrived on board

UTC

Date

and time of departure

UTC

Where appropriate,

Date

and time of the termination of the inspection

UTC

Inspector’s Signature(s)

Inspector’s name(s)

ANNEX XVIII 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:

(o) it is clear of any possible discharges from the vessel;

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

(q) each step rests firmly against the vessel's side.

3. The steps of the boarding ladder shall:

(r) 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;

(s) have an efficient non-slip surface;

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

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

(v) 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 which side he 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 XIX 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 XX PORT STATE CONTROL FORMS

NEAFC PORT STATE CONTROL FORM PSC 1

PART A: To be completed by the master of the vessel. Please write in black ink6.

Name of vessel:

IMO number:1

Radio Call Sign:

Flag State:

Email address:

Telephone number:

Fax number:

Inmarsat number:

Vessel master's name

Vessel master's nationality

Vessel owner

Certificate of Registry ID

Vessel dimension:

Length (m)

Beam(m)

Draft (m)

Port State

Port of landing transhipment, or other Use of Port

Reason for port entry

Landing: (y/n)

Transhipment: (y/n)

Other: (y/n)

If the “Reason for Port Entry” is “Transhipment”, the form shall include the information about the receiving vessel:

Name:

IMO number:1

Radio Call Sign:

Flag State:

Last port of call

Date:

Estimated time of arrival

Date:

Time UTC:

Total catch on board - all areas

Catch to be landed2

Species 3

Product4

Packaging or Container4

Type of processing 5

Area of catch

Conversion Factor

Product Weight (kg)

Product Weight (kg)

NEAFC CA (ICES subareas and divisions)

NAFO RA Sub Division

Other Areas

PART B: For official use only - to be completed by the Flag State

The Flag State of the vessel must respond to the following questions by marking in the box "Yes" or "No"

NEAFC CA

NAFO RA

Yes

No

Yes

No

a) The fishing vessel declared to have caught the fish had sufficient quota for the species declared

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

c) The fishing vessel declared to have caught the fish had authorisation to fish in the area declared

d) The presence of the fishing vessel in the area of catch declared has been verified according to VMS data

Flag State confirmation: I confirm that the above information is complete, true and correct to the best of my knowledge and belief.

Name and Title:

Date:

Signature:

Official stamp:

PART C: NEAFC Port-State Authorisation

Authorisation given to commence Landing, transhipment operations or other use of port services for fisheries resources caught in the NEAFC Convention Area

Name of Port State:

Authorisation:

Yes:

No:

Date:

Signature:

Official stamp:

NOTES

1. Fishing vessels not assigned an IMO number shall provide their external registration number

2. If necessary, an additional form or forms shall be used

3. FAO species code

4. The list of codes for product presentations and packaging can be found in the NEAFC Master Data Register

5. The list of codes for type of processing can be found in the NEAFC Master Data Register

6. Black ink is required if faxing forms

NEAFC PORT STATE CONTROL FORM PSC2

PART A: To be completed by the master of the vessel. A separate form shall be completed for each donor vessel. Please write in black ink 6

Name of vessel:

IMO number:1

Radio Call Sign:

Flag State:

Email address:

Telephone number:

Fax number:

Inmarsat number:

Vessel master's name

Vessel master's nationality

Vessel owner

Certificate of Registry ID

Vessel dimension:

Length (m)

Beam (m)

Draft (m)

Port State

Port of landing transhipment or other Use of Port

Last port of call

Date:

Reason for Port Entry

Landing:(y/n)

Transhipment: (y/n)

Other: (y/n)

If the “Reason for Port Entry” is “Transhipment”, the form shall include the information about the receiving vessel:

Name:

IMO number:1

Radio Call Sign:

Flag State:

Details below refer to the transhipments at sea

Date of transhipment7

Location of transhipment7

Transhipment authorisation if relevant

Estimated time of arrival

Date

Time UTC:

Estimated Time of Arrival:

Date

Time UTC:

Catch Information for Donor Vessels: A separate form shall be completed for each Donor Vessel

Name of vessel:

IMO number:1

Radio Call Sign:

Flag State:

Total catch on board - all areas

Catch to be landed2

Species 3

Product4

Packaging or Container4

Type of Processing5

Area of catch

Conversion Factor

Product Weight (kg)

Product Weight (kg)

NEAFC CA (ICES subareas and divisions)

NAFO RA (Sub Division)

Other Areas

PART B: For official use only - to be completed by the Flag State

The Flag State of the vessel must respond to the following questions by marking in the box "Yes" or "No"

NEAFC CA

NAFO RA

Yes

No

Yes

No

a) The fishing vessel declared to have caught the fish had sufficient quota for the species declared

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

c) The fishing vessel declared to have caught the fish had authorisation to fish in the area declared

d) The presence of the fishing vessel in the area of catch declared has been verified according to VMS data

Flag State confirmation: I confirm that the above information is complete, true and correct to the best of my knowledge and belief.

Name and Title:

Date:

Signature:

Official Stamp:

PART C: NEAFC Port State Authorisation

Authorisation given to commence landing, transhipment operations or other use of port services for fisheries resources caught in the NEAFC Convention Area

Name of Port State:

Authorisation:

Yes:

No:

Date:

Signature:

Official stamp:

NOTES

1. Fishing vessels not assigned an IMO number shall provide their external registration number

2. If necessary, an additional form or forms shall be used

3. FAO species code

4. The list of codes for product presentations and packaging can be found in the NEAFC Master Data Register

5. The list of codes for type of processing can be found in the NEAFC Master Data Register

6. Black ink is required when faxing forms

7. If the catch specified in this PSC2 form has been accepted from the donor vessel in more than one transhipment, the date and location of the final transhipment operation should be entered.

ANNEX XXI 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:

(w) catches taken by a non-Contracting Party vessel;

(x) frozen catches;

(y) catches of a large volume;

(z) catches previously transhipped at sea;

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

(bb) catches taken both inside and outside the Convention Area;

(cc) catches of high value species;

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

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

ANNEX XXII PORT INSPECTION FORM

Please note that this version of form PSC3 has been formatted specifically for inclusion in the print version of the NEAFC Scheme and as such is recommended only for reference. Form PSC3

Inspection Report Number:

EPSC Reference Number:

A. INSPECTION REFERENCE

Landing

Yes

No

Transhipment

Yes

No

Other reason for port entry

Port State

Port of landing or transhipment

Vessel name

Flag State

IMO Number1

International Radio call sign

Landing/transhipment started

Date

Time

Landing/transhipment ended

Date

Time

Vessel Type

Certificate of Registry ID

Port of Registry

VMS

Vessel master's name

Vessel master's nationality

Fishing master's name

Fishing master's nationality

Vessel's owner/operator

Vessel's beneficial owner8

Vessel's agent

Last Port of Call

Date

B. INSPECTION DETAILS

Name of Donor Vessel2

IMO Number1

Radio Call sign

Flag State

B1. CATCH RECORDED IN THE LOGBOOK

Species3

Area of catch

Declared live weight kg

Conversion Factor Used

B2. FISH LANDED OR TRANSHIPED** In cases where a Vessel has engaged in transhipment operations a separate form shall be used for each donor vessel

Species4

Product 5

Packaging or Container 5

Type of processing 9

Area of Catch

Product weight landed in kg

Conversion Factor

Equivalent Live weight

Diff (kg) between live weight declared in the logbook and the live weight landed

Diff (%) between live weight declared in the logbook and the live weight landed

Diff (kg) between product weight landed and PSC 1/2

Diff (%) between product weight landed and PSC 1/2

Relevant Transhipment Authorisation:

B3. INFORMATION ABOUT LANDINGS AUTHORISED WITHOUT CONFIRMATION FROM THE FLAG STATE ref: NEAFC article 23.3/ NAFO art 43.7

Name of Storage:

Name of Competent Authorities:

Deadline for Receiving Confirmation:

B4. FISH RETAINED ON BOARD

Species6

Product7

Type of Packaging or Container 7

Type of processing 10

Area of Catch

Product Weight (kg)

Conversion Factor

Live weight (kg)

Diff (kg) between product weight on board and PSC 1/2

Diff (%) between product weight on board and PSC 1/2

C. RESULTS OF INSPECTION

C1. GENERAL

Inspection Started

Date:

Time:

Inspection Ended

Date:

Time:

Status in other RFMO areas where fishing or fishing related activities have been undertaken including any IUU vessel listing

RFMO

Vessel Identifier

Flag State Status

Vessel on authorised list

Vessel on IUU List

Observation

C2 GEAR INSPECTION IN PORT (In accordance with Annex XVIII (e))

A. General Data

Number of Gear Inspected

Date gear inspected

Has the vessel been cited?

Yes:

No:

If yes, complete the full verification of inspection in port. If no, complete the form with the exception of the seal details

B. Otter Trawl details

Seal Number

Is the seal undamaged?

Yes:

No:

Gear Type:

Attachments:

Grate Bar Spacing (mm):

Mesh type

Average Mesh sizes (mm)

Trawl part

Wings

Body

Lengthening Piece

Codend

D. OBSERVATIONS BY THE MASTER/REPRESENTATIVE OF THE MASTER

I, the undersigned, Master of the vessel/Representative of the Master ......................................................................................................................... hereby confirm that a copy of this report have been delivered to me on this date. My signature does not constitute acceptance of any part of the contents of this report, except my own observations, if any.

Signature:______________________________________Date:___________________________________

E. INFRINGEMENTS AND FOLLOW-UP

E1. NAFO

E.1 A Sea Inspection

Infringements resulting from Inspections inside NAFO RA

Inspection Party

Date of Inspection

Division

NAFO CEM infringement legal reference

E1B Port Inspection results

(a) – Confirmation of Infringements found at sea inspection

NAFO CEM Infringement legal reference

National Infringement Legal Reference

(b) – Infringements found at sea inspection and not possible to be confirmed during the Port Inspection

Comments:

(c) - Additional infringements found during the Port Inspection

NAFO CEM Infringement legal reference

National Infringement Legal Reference

E2. NEAFC INFRINGEMENT NOTED

Article:

NEAFC provision(s) violated and summary of pertinent facts

Inspectors Observations:

Action Taken:

Inspecting authority / agency:

Inspectors Name

Inspectors Signature

Date and Place

F: DISTRIBUTION

Copy to flag state

Copy to NEAFC Secretariat

Copy to NAFO Executive Secretariat

1 External registration number for fishing vessels without an IMO number.

2 In case where a vessel has engaged in transhipment operations. A separate form shall be used for each donor vessel.

3, 4, 6 FAO species code.

5, 7 The list of codes for product presentations and packaging can be found in the NEAFC Master Data Register.

8 If known and if different from vessel's owner.

9, 10 The list of codes for type of processing can be found in the NEAFC Master Data Register.