Commission Implementing Regulation (EU) 2015/746 of 11 May 2015 amending Implementing Regulation (EU) No 433/2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries
Implementing Regulation (EU) No 433/2012 is amended as follows:
(1)
in Article 12, points (a) and (b) are replaced by the following:
‘(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 is engaged in transhipment operations, providing the information separately for catches from each donor vessel.’
;
(2)
Article 13 is replaced by the following:
‘Article 13
1. When completing the prior notification in accordance with Article 25(1) of Regulation (EU) No 1236/2010, the flag Member State shall complete Part B of the PSC form provided for in Annex VIII.
2. When completing the prior notification in accordance with Article 25(2) and (4) of Regulation (EU) No 1236/2010, the port Member State shall complete Part C of the PSC form provided for in Annex VIII.’
;
(3)
In Article 16 the first sentence is replaced by the following:
‘The data exchange formats and data communication systems referred to in Article 12(2) of Regulation (EU) No 1236/2010 to be used for transmission of reports and information to the NEAFC Secretary shall comply with the rules set out in Annex X;’
(4)
Annex VIII is replaced by the text in Annex 1 to this Regulation;
(5)
Annex IX is replaced by the text in Annex 2 to this Regulation;
(6)
Annex X is amended as follows:
(a)
the title is replaced by the following:
‘DATA EXCHANGE FORMAT AND DATA COMMUNICATION SYSTEMS’
;
(b)
Section B is replaced by the text in Annex 3 to this Regulation;
(c)
in Section D.2, point (b) is replaced by the text in Annex 4 to this Regulation;
(d)
in Section D.2, a new point (c) is added as set out in Annex 5 to this Regulation;
(7)
Annex XI is amended as follows:
(a)
Section C is replaced by the text in Annex 6 to this Regulation;
(b)
a new Section G is added as set out in Annex 7 to this Regulation;
(8)
Annex XII is replaced by the text in Annex 8 to this Regulation.
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union .
However, Article 1(1), (2), (4), (5) and (7)(b) shall apply from 1 July 2015.
Supplementary provisions
ANNEX 1Supplementary provisions
ANNEX 1
Annex VIII to Implementing Regulation (EU) No 433/2012 is replaced by the following:
‘ANNEX VIII
PORT STATE CONTROL FORMS
Notifications and the completion of Parts A, B and C pursuant to Articles 22, 23 and 39 of the NEAFC scheme of control and enforcement shall be done through an online application established by the NEAFC Secretary on the NEAFC website. A fax-based system, using the forms set out in this Annex shall be used as a back-up system in the event that the NEAFC website is offline.
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PORT STATE CONTROL FORM — PSC 1
PART A: To be completed by the Master of the Vessel. Please use black ink (1)
Name of Vessel:
IMO Number (2):
Radio Call Sign:
Flag State:
E-mail 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 or Transhipment:
Last port of call:
Date:
Estimated Time of Arrival:
Date:
Time UTC:
Total catch on board — all areas
Catch to be landed (3)
Species (4)
Product (5)
Type of process-ing (6)
Area of catch
Conversion factor
Product weight (kg)
Product weight (kg)
NEAFC CA
(ICES subareas and divisions)
NAFO RA
(Sub Division)
Other areas
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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: For official use only — to be completed by the Port State
Name of Port State:
Authorisation:
Yes:
No:
Date:
Signature:
Official Stamp:
(1) Black ink is required when faxing forms
(2) Fishing vessels not assigned an IMO number shall provide their external registration number
(3) If necessary an additional form or forms shall be used
(4) FAO Species Codes — Annex V
(5) Product presentations — Appendix 1 to Annex IV
(6) Type of processing — NEAFC Appendix 1c) to Annex IV
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PORT STATE CONTROL FORM — PSC 2
PART A: To be completed by the Master of the Vessel. A separate form shall be completed for each donor vessel. Please use black ink (1)
Name of Vessel:
IMO Number (2):
Radio Call Sign:
Flag State:
E-mail 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 or Transhipment:
Last port of call:
Date:
Date and location of transhipment:
Transhipment authorisation if relevant:
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 (2)
Radio Call Sign
Flag State
Total catch on board — all areas
Catch to be landed (3)
Species (4)
Product (5)
Type of process-ing (6)
Area of catch
Conversion factor
Product weight (kg)
Product weight (kg)
NEAFC CA
(ICES subareas and divisions)
NAFO RA
(Sub Division)
Other areas
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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: For official use only — to be completed by the Port State
Name of Port State:
Authorisation:
Yes:
No:
Date:
Signature:
Official Stamp:
(1) Black ink is required when faxing forms.
(2) Fishing vessels not assigned an IMO number shall provide their external registration number.
(3) If necessary an additional form or forms shall be used.
(4) FAO Species Codes — Annex V.
(5) Product presentations — Appendix 1 to Annex IV.
(6) Type of processing — NEAFC Appendix 1c) to Annex IV.
’
ANNEX 2Supplementary provisions
ANNEX 2
Annex IX to Implementing Regulation (EU) No 433/2012 is replaced by the following:
‘ANNEX IX
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INSPECTION REPORT FORM
Report on Port State Control inspection (PSC 3)
Inspection report 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 Number (1)
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 owner (2)
Vessel’s agent
Last port of call:
Date:
B. INSPECTION DETAILS
Name of donor vessel (3)
IMO Number (1)
Radio call sign
Flag State
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B 1. Catch recorded in the logbook
Species (4)
Area of catch
Declared live weight kg
Conversion factor used
B 2. Fish landed or transhipped (3)
Spe-cies (4)
Type of process-ing (5)
Pro-duct (6)
Area of catch
Product weight landed in kg
Con-version factor
Equivalent live weight kg
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:
B 3. Information about landings authorised without confirmation from the flag State ref: NEAFC art. 23.2/NAFO art. 45.6
Name of storage:
Name of competent authorities:
Deadline for receiving confirmation:
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B 4. Fish retained on board
Species (4)
Type of process-ing (5)
Pro-duct (6)
Area of catch
Product weight in 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
Observations
C2. Gear inspection in port (in accordance with Annex XVIII (e))
A. General data
Number of gear inspected
Date gear inspection
Has the vessel been cited?
Yes
No
If yes, complete the full ‘verification of inspection in port’ form.
If no, complete the form with the exception of the seal details
B. Otter Trawl details
Seal number
Is seal undamaged?
Yes
No
Gear type
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Attachments:
Grate Bar Spacing (mm):
Mesh type:
Average mesh sizes (mm):
Trawl part:
Wings:
Body:
Lengthening Piece:
Codend:
D. OBSERVATIONS BY THE MASTER
I, the undersigned, Master of the vessel 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
E1.A. Sea Inspection
Infringements resulting from Inspections inside NAFO R.A.
Inspection Party
Date of insp.
Division
NAFO CEM infringement legal reference
E1.B. 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:
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(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
Inspector’s observations:
Action taken:
Inspecting authority/agency
Inspector’s Name
Inspector’s signature
Date and place
F. DISTRIBUTION
Copy to flag State
Copy to NEAFC Secretary
Copy to NAFO Executive Secretary
(1) Fishing vessels not assigned an IMO number shall provide their external registration number.
(2) If known and if different from vessel’s owner.
(3) In cases where a vessel has engaged in transhipment operations, a separate form shall be used for each donor vessel.
(4) FAO Species Codes — NEAFC Annex V — NAFO Annex II.
(5) Type of processing — NEAFC Appendix 1c) to Annex IV.
(6) Product presentations — NEAFC Appendix 1 to Annex IV — NAFO Annex XX (C).
’
ANNEX 3Supplementary provisions
ANNEX 3
Section B of Annex X to Implementing Regulation (EU) No 433/2012 is replaced by the following:
‘B. Data communication systems
Electronic data transmission of reports and messages between Member States and the Secretary shall use data communication systems duly tested.’
ANNEX 4Supplementary provisions
ANNEX 4
In Section D.2 of Annex X to Implementing Regulation (EU) No 433/2012, point (b) is replaced by the following:
‘b)
Return error numbers:
Subject/Annex
Error Numbers
Error cause
Rejected (NAK)
Follow-up action required
Accepted and Stored (ACK)
Follow-up action required
Accepted and Stored (ACK) with warning
Communication
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
Annex II
250
Attempt to re-Notify a vessel
251
Vessel is not Notified
252
Species not AUT, or LIM or SUS
Annex VIII
301
Catch prior to Catch on Entry
302
Transhipment prior to Catch on Entry
303
Catch on Exit prior to Catch on Entry
304
No Position received (CAT, TRA, COX)
350
Position without Catch on Entry
Annex X
401
Surveillance Exit prior to Surveillance Entry
450
Observation without Surveillance Entry
451
Inspectors or craft not notified’
ANNEX 5Supplementary provisions
ANNEX 5
In Section D.2 of Annex X to Implementing Regulation (EU) No 433/2012, the following point (c) is added:
‘c)
Identification of duplicate messages and reports:
Message/Reports
Data Elements
TM
AD
SQ
RC
LA/LT
LO/LG
SP
CO
DA
TI
OB
CA
RA
DF
KG
TT
TF
PD
PT
CS
PO
CR
YR
Position
POS
y
y
y
y
y
y
Entry
ENT
y
y
y
y
y
y
Exit
EXI
y
y
y
y
y
y
Manual
MAN
y
y
y
y
y
y
Catch on Entry
COE
y
y
y
y
y
Catch
CAT
y
y
Y
Y
Y
Y
Y
Catch on Exit
COX
y
y
Y
Y
Y
Y
Y
Transhipment
TRA
y
y
Y
Y
Y
Y
Y
Y
Y
Port of Landing
POR
y
y
Y
Y
Y
Y
Y
Y
Y
Y
Cancel
CAN
y
y
y
y
Y
Y
For each message, if data in data-elements marked “Y” is identical, then identify message as duplicate’
ANNEX 6Supplementary provisions
ANNEX 6
In Annex XI to Implementing Regulation (EU) No 433/2012, Section C is replaced by the following:
‘C. Main gear types
FAO Alpha Code
Gear type
Surrounding Nets
PS
With purse lines
PS1
1 vessel purse seine
PS2
2 vessels purse seine
Seine Nets
SSC
Seine Scottish
Trawls — Bottom
OTB
Bottom otter trawl
PTB
Bottom pair trawls
TBN
Bottom trawl Nephrop
TBS
Bottom trawl shrimp
OTT
Otter twin trawl
Trawls — Midwater
OTM
Midwater otter trawl
PTM
Midwater trawls pair
Gillnets and Entangling Nets
GNS
Gillnet anchored
GND
Drift nets
GEN
Gill tangle net (Not specified)
Traps
FPO
Pot
Hooks and Lines
LHP
Hand lines
LHM
Hand line mechanical
LLS
Set line long line
LLD
Drifting long line
LL
Long line
LTL
Trolling long line
LX
Hook and lines
Harvesting Machines
HMP
Pumps
No Gear
NIL
No fishing gear to report’
ANNEX 7Supplementary provisions
ANNEX 7
In Annex XI to Implementing Regulation (EU) No 433/2012, the following Section G is added:
‘G. Type of Processing
Code
Type
FRZ
Frozen
FRE
Fresh
OTH
Any other processing’
ANNEX 8Supplementary provisions
ANNEX 8
Annex XII to Implementing Regulation (EU) No 433/2012 is replaced by the following:
‘ANNEX XII
CONFIDENTIAL TREATMENT OF ELECTRONIC DATA
Member States shall, when transmitting and receiving electronic data, take the necessary measures to comply with the confidentiality and security provisions set out in Recommendations approved by the NEAFC Commission.’
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
