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

• CELEX: Implementing Regulation (EU) 2015/746
• Articles: 10

Article 1

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.

Article 2

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.

Schedules & Appendices

ANNEX 1

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 2

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 3

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 4

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 5

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 6

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 7

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 8

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.’