Regulation (EU) 2019/833 is amended as follows:
(1)
Article 18 is amended as follows:
(a)
paragraph 3 is replaced by the following:
‘3. Until 31 December 2026, no vessel shall engage in bottom fishing activities in the areas 1-14b illustrated in Figure 5 of the CEM referred to in point 18 of the Annex and defined by connecting the coordinates specified in Table 7 of the CEM referred to in point 19 of the Annex to this Regulation, in numerical order and back to coordinate 1.’
;
(b)
paragraph 4 is deleted;
(2)
Article 27 is amended as follows:
(a)
in paragraph 7, point (b) is replaced by the following:
‘(b)
without delay, the observer trip report referred to in paragraph 11;’;
(b)
paragraph 11 is replaced by the following:
‘11. An observer deployed on a vessel shall, at minimum perform the duties listed below:
(a)
complete the observer trip report as set out in Annex II.M to the CEM referred to in point 35 of the Annex, noting that data collection on Greenland sharks shall be carried out minimising the damage to the sampled individuals;
(b)
transmit daily, before 12:00 UTC to the FMC of the flag Member State, in accordance with Annex II.G to the CEM referred to in point 36 of the Annex to this Regulation, the report for the preceding day, by division, whether the vessel was fishing or not;
(c)
report without delay to the FMC any discrepancy with this Regulation and any instances of obstruction, intimidation, interference with or otherwise prevention of the observer from performing their duties;
(d)
monitor the vessel’s product labelling, production logbook, and stowage plan against the requirements established in Articles 24 and 25, and record in the observer trip report any discrepancies identified;
(e)
record any observed interruption or interference with VMS;
(f)
submit the information in Annex II.M to the CEM referred to in point 35 of the Annex by electronic means to the FMC and to the port State as soon as possible after leaving the Regulatory Area and at the latest at the arrival of the vessel in port for landing;
(g)
make themselves available to inspectors at sea, or in port upon arrival of the vessel, for the purposes of providing information related to the fishing activities of the vessel;
(h)
maintain detailed records, including relevant images and video footage, of any circumstances and information related to any instances of discrepancies with this Regulation for transmission to the FMC at the earliest opportunity, and at the latest upon the arrival of the vessel in port for landing.’
;
(c)
in paragraph 12, point (a) is replaced by the following:
‘(a)
extend such cooperation and assistance as may be required to enable the observer to carry out his or her duties, including providing the observer with such access as may be required to the catch retained on board and discards and the catch registration documents (e.g. fishing logbook, production logbook, stowage plan);’;
(d)
in paragraph 12, point (d) is replaced by the following:
‘(d)
refrain from, personally or through their agents, employees, or crew members, obstruct, intimidate, interfere with, influence, bribe or attempt to bribe or compromise the safety of an observer in the performance of his/her duties;’;
(e)
in paragraph 12 the following point is added:
‘(g)
provide the observer with unhindered independent internet access on board at all times, unless the observer has available a fully operational two-way satellite communication device.’.
The Annex to Delegated Regulation (EU) 2020/124 is amended in accordance with the Annex 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 .
ANNEXSupplementary provisions
ANNEX
The Annex to Delegated Regulation (EU) 2020/124 is amended as follows:
(1)
point 3 heading is replaced by the following:
‘Part VI of Annex I.E to the CEM referred to in point 21 of Article 3, in Article 21(2) and in point (a) of Article 27(11)’;
(2)
point 18 is replaced by the following:
‘
Figure 5
of CEM referred to in Article 18(3) of Regulation (EU) 2019/833:
Polygons delineating Vulnerable Marine Ecosystems Area Closures
Legend:
Areas closed to bottom fishing until 31 December 2026
NAFO Divisions
EEZ boundary
Depth contour’;
(3)
in point 19, the following rows 7a, 11a, 14a and 14b are inserted after rows 7, 11 and 14 respectively:
Description
Coordinate No.
Latitude
Longitude
‘7a
Northern Flemish Cap
7a.1
48° 25′ 02.28″ N
45° 17′ 16.44″ W
7a.2
48° 25′ 02.28″ N
44° 54′ 38.16″ W
7a.3
48° 19′ 08.76″ N
44° 54′ 38.16″ W
7a.4
48° 18′ 06.84″ N
44° 44′ 22.81″ W
7a.5
48° 08′ 18.42″ N
44° 23′ 10.57″ W
7a.6
48° 10′ 08.98″ N
44° 15′ 54.97″ W
7a.7
48° 19′ 30.47″ N
44° 26′ 38.40″ W
7a.8
48° 24′ 57.13″ N
44° 37′ 58.40″ W
7a.9
48° 26′ 21.37″ N
44° 54′ 34.60″ W
7a.10
48° 27′ 52.20″ N
45° 17′ 19.25″ W’
‘11a
Northwest Flemish Cap
11a.1
47° 27′ 36.29″ N
46° 21′ 23.69″ W
11a.2
47° 30′ 01.44″ N
46° 21′ 23.76″ W
11a.3
47° 30′ 01.44″ N
46° 27′ 33.12″ W
11a.4
47° 37′ 38.86″ N
46° 16′ 31.12″ W
11a.5
47° 34′ 39.61″ N
46° 12′ 03.92″ W
11a.6
47° 32′ 28.90″ N
46° 16′ 26.58″ W
11a.7
47° 32′ 10.00″ N
46° 14′ 29.87″ W
11a.8
47° 28′ 27.80″ N
46° 16′ 05.74″ W’
‘14a
Eastern Flemish Cap
14a.1
47° 45′ 24.44″ N
44° 03′ 06.44″ W
14a.2
47° 47′ 54.35″ N
44° 03′ 06.44″ W
14a.3
47° 50′ 11.33″ N
44° 03′ 34.49″ W
14a.4
47° 50′ 10.86″ N
43° 58′ 28.99″ W
14a.5
47° 47′ 54.35″ N
43° 59′ 23.39″ W
14a.6
47° 45′ 55.19″ N
43° 58′ 08.94″ W
14a.7
47° 44′ 44.59″ N
44° 02′ 41.50″ W
14b
Eastern Flemish Cap
14b.1
47° 35′ 21.77″ N
43° 56′ 50.10″ W
14b.2
47° 37′ 33.53″ N
43° 52′ 56.50″ W
14b.3
47° 30′ 04.79″ N
43° 48′ 18.54″ W
14b.4
47° 27′ 34.88″ N
43° 48′ 18.54″ W
14b.5
47° 27′ 34.88″ N
43° 52′ 00.34″ W’
(4)
in point 31, the table in section C on the format for electronic exchange of fisheries monitoring information (The North Atlantic Format) is replaced by the following:
‘C. Format for electronic exchange of fisheries monitoring information
(The North Atlantic Format)
Category
Data Element
Field code
Type
Contents
Definitions
System
Start Record
SR
Indicates start of the record
Details
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 II.D.D(2)
Message
Address destination
AD
Char*3
ISO-3166 Address
Address of the party receiving the message, “XNW” for NAFO
Details
From
FR
Char*3
ISO-3166 Address
Address of the transmitting party, (Contracting Party)
Type of
Message
TM
Char*3
Code
Code for the message type
Sequence Number
SQ
Num*6
NNNNNN
Serial number of messages sent from a vessel to the final destination (XNW). 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 XNW. 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
Radio Call Sign
RC
Char*7
IRCS Code
International Radio Call Sign of the vessel
Registration
Vessel name
NA
Char*30
Name of the vessel
Details
Ext. registration
XR
Char*14
Side Number of the vessel
Flag State
FS
Char*3
ISO-3166
State of registration
Contracting Party internal ref. number
IR
Char*3
Num*9
ISO-3166 + max. 9N
Unique vessel number attributed by the flag State in accordance with registration
Port Name
PO
Char*20
Port of registration of the vessel/homeport
Vessel Owner
VO
Char*60
Name and address of the vessel owner
Vessel Charterer
VC
Char*60
Name and address of the vessel charterer
Vessel IMO Number
IMO Number
IM
Num*7
NNNNNNN
IMO ship identification number
Vessel Character Details
Vessel Tonnage Unit
VT
Char*2
Num*4
“OC”/“LC”
Tonnage
According to: “OC” OSLO 1947 Convention/“LC” LONDON ICTM-69
Vessel Power
Unit
VP
Char*2
Num*5
0-99999
Total main engine power in “KW”
Vessel Length
VL
Char*2
Num*3
“OA”
Length in metres
Unit “OA” length overall.
Total length of the vessel in metres, rounded to the nearest whole metre
Vessel Type
TP
Char*3
Code
As listed in Annex II.I
Fishing Gear
GE
Char*3
FAO Code
International Standard Statistical Classification of the Fishing Gear as Annex II.J
Authorisation details
Start Date
SD
Num*8
YYYYMMDD
Licence detail; date on which the authorisation starts
End Date
ED
Num*8
YYYYMMDD
Licence detail; date on which the authorization ends
Targeted species and Area
TA
Char*3
Char*10
Stock specifications,
FAO Species code and NAFO defined area code or “ANY”
Species and area allowed for directed fishery. Regulated species of Annex I.A or I.B must refer to the stock specification. For unregulated species use Sub Area or division or “ANY”. Allow for several pairs of fields, e.g.//TA/GHL 3LMNO COD 3M RED 3LN RED 3M HER ANY//
Activity
Details
Latitude
LA
Char*5
NDDMM (WGS-84)
e.g.//LA/N6235 = 62°35′ North
Longitude
LO
Char*6
E/WDDDMM (WGS-84)
e.g.//LO/W02134 = 21°34′ West
Latitude (decimal)
LT
Char*7
+/-DD.ddd
Value negative if latitude is in the southern hemisphere ( 1 ) (WGS84)
Longitude (decimal)
LG
Char*8
+/-DDD.ddd
Value negative if longitude is in the western hemisphere ( 1 ) (WGS84)
Trip Number
TN
Num*3
001-999
Number of the fishing trip in current year
Catch
Species
Quantity
CA
Char*3
Num*7
FAO species code
0-9999999
Daily catch by species and by Division, retained on board, in kilograms live weight
Quantity onboard
Species
Quantity
OB
Char*3
Num*7
FAO species code
0-9999999
Total quantity by species on board the vessel at the moment of sending the hail message concerned in kilograms live weight
Discard Species
Quantity
RJ
Char*3
Num*7
FAO species code
0-9999999
Catch discarded by species and by Division in kilograms live weight
Undersize
Species
Quantity
US
Char*3
Num*7
FAO species code
0-9999999
Undersize catch by species and by Division in kilograms live weight
Transferred species
Species
Quantity
KG
Char*3
Num*7
FAO species code
0-9999999
Information concerning the quantities transferred between vessels by species in kilograms live weight rounded to the nearest 100 kg whilst operating in the R.A.
Relevant Area
RA
Char*6
ICES/NAFO Codes
Code for the relevant fishing area
Directed Species
DS
Char*3
FAO species codes
Code for the species for which the vessel directed as per Article 5.2. Allow for several species, separated by a space,
e.g.//DS/species species species//
Observer on board
OO
Char*1
Y or N
Presence of a compliance observer on board
Transhipped From
TF
Char*7
IRCS Code
International Radio Call Sign of the donor vessel
Transhipped To
TT
Char*7
IRCS Code
International Radio Call Sign of the receiving vessel
Master Name
MA
Char*30
Name of the vessels master
Coastal State
CS
Char*3
ISO-3166
3 Alpha Code
Coastal State of Port of Landing
Predicted Date
PD
Num*8
YYYYMMDD
Estimated date UTC when the master intends to be in port
Predicted Time
PT
Num*4
HHMM
Estimated time UTC when the master intends to be in port
Port Name
PO
Char*20
Name of the actual port of landing
Speed
SP
Num*3
Knots*10
e.g.//SP/105 = 10,5 knots
Course
CO
Num*3
360° degree scale
e.g.//CO/270 = 270
Chartering Flag Catches
CH
Char*3
ISO-3166
Flag of Chartering Contracting Party
Area of Entry
AE
Char*6
ICES/NAFO Codes
NAFO Division entering into
Days fished
DF
Num*3
1-365
Number of days the vessel spent in the fishing zone during the trip.
Potential non-compliance with CEM
AF
Char*1
Y or N
For onboard observer to report their observations
Mesh Size
ME
Num*3
0-999
Average mesh size in millimetres
Logbook
LB
Char*1
Y or N
For onboard observer to confirm the entries in the vessels logbook
Hails
HA
Char*1
Y or N
For onboard observer to confirm the hails sent from the vessel
Observer Name
ON
Char*30
Text
Name of the onboard observer
Free Text
MS
Char*255
Text
Activity detail; for further comments by observer
(5)
in point 35, the Standardised Observer Report Template is replaced by the following:
‘Standardised Observer Report Template
1.1. Annex II.M Standardised Observer Trip Report information
Part 1. A
Fishing Vessel – Fishing Trip and Observer Information
Fishing Vessel information
Vessel Name
Vessel Radio Call Sign
Flag State
Vessel IMO number
Total Frozen Hold Capacity (m 3 )
Fish Meal Hold Capacity (m 3 )
Other Hold Capacity (m 3 )
Trip information
Fishing Master’s Name
Directed Species
Date of Entry into NRA (ENT)
Date of Exit from NRA (EXI)
NAFO Division/s visited
Other Area/s visited
Transhipment
Port of Landing
Observer information
Observer’s Name
Observation Date Started
Observation Date Ended
Date of Report
Comments
Part 1.B
Fishing Gear Information
Trawl Gear
Gear Number
Gear Type
Gear Make
Mesh Size (mm)
Attachments
Grate Spacing
Straps (Describe)
Comments
Wings
Body
Lengthening Piece
Codend
Measured by observer/inspector/master
Date measured
High
Low
Average
High
Low
Average
High
Low
Average
High
Low
Average
1
2
3
Longline
Gear Number
Gear Type
Total Length
Hooks
Hook size
Buoys
Anchors
Main line material
Bait line material
Comments
Number
Average spacing (m)
Hook type
Marked yes/no
Number
1
2
3
…
Part 2.
Catch and effort information by fishing operation
Tow/Set
Gear Number
Start of Gear Setting ( 2 )
End of Gear Setting ( 3 )
NAFO
Division
Latitude (decimal)
Longitude (decimal)
Depth (m)
Time (UTC) (HHMM)
Date (YYYYMMDD)
NAFO
Division
Latitude (decimal)
Longitude (decimal)
Depth (m)
Time (UTC) (HHMM)
Date (YYYYMMDD)
1
2
3
…
Gear Retrieval Start ( 4 )
Gear Retrieval End ( 5 )
Duration ( 6 )
Species (FAO 3-alpha Species Code ( 7 ) )
Directed Species (yes or no)
Product Form
Observers Estimates
NAFO
Division
Latitude (decimal)
Longitude (decimal)
Depth (m)
Time (UTC) (HHMM)
Date (YYYYMMDD)
NAFO
Division
Latitude (decimal)
Longitude (decimal)
Depth (m)
Time (UTC) (HHMM)
Date (YYYYMMDD)
Observer Conversion Factor Used
Retained (kg live weight)
Discarded (kg live weight)
Undersized (kg live weight)
Observed Fishing Operation (Y/N)
Fishing Logbook
Vessel Production Logbook
Potential non Compliance with the CEM (yes/no)
Potential non Compliance Details
Comments
Vessel Conversion Factor Used
Retained (kg live weight)
Discarded (kg live weight)
Retained (kg)
Part 3.
Trip Observations
Observations
Y/N
Details
Any instance of obstruction, intimidation, interference with or otherwise prevention of the observer from performing his/her duties.
Summary of potential non-compliance with the CEM (please include references)
Functioning of the satellite tracking device (report all interruptions, interference and malfunctions)
Transshipments (report all)
At-Sea Inspections (report dates, times and any other observation)
Any other observation
Part 4.
Effort and Catch Summary
( 8 )
4A. Effort Summary
Effort Summary Table
NAFO Division
Gear Type
Directed Species
( *1 )
Date
Number of Tow/sets
Depth (m)
Hours fished
( *2 )
Fishing Days
( *3 )
Start
Finish
Minimum
Maximum
Comments
1
On Fishing activity by Division
2
On Data Communication
3
On Mesh sizes
4
Other issues
4B. Catch Summary
Trip Catch Summary (catch by Division and Species)
Observer Estimates
Recorded in the Fishing Logbook
Species (FAO 3-alpha Species Code
Division
Retained (kg live weight)
Discarded (kg live weight)
Total (kg live weight)
Retained (kg live weight)
Discarded (kg live weight)
Total (kg live weight)
Total
Comments
1
On composition of catch and sizes
2
On discrepancies with the fishing logbook entries
3
On discards
4
Other issues
4C. Average unit weight verifications
Date
Number of units sampled
Species
Product Form
Average product weight per unit (kg)
Labelled unit weight in label (kg)
4D. Verification of labelling
Date
Number of units verified
Number of units with potential non-compliant labelling
Description of the potential non-compliance labelling
Part 5.
Data for Each Greenland Shark Caught per Fishing Operation
( 9 )
Tow/Set Number
Total Number of Greenland sharks in Tow/Set
Shark Number
Estimated Weight (kg live weight)
Total Length
(cm, from tip of snout to tip of tail fin)
Total Length Measured (M) or Estimated (E)?
Fork Length
(cm)
Fork Length Measured (M) or Estimated (E)?
Sex and Maturity
( 10 )
Catch Disposition
( 11 )
Photo Y/N
Comments, in English to the extent possible
Part 6.
Length Frequency Form
( 12 )
Year
Month
Day
Gear number
Tow/Set Number
Species 3 alpha code
Catch weight (kg live weight)
Sample Type (discard, retained, mix)
Sample Weight in kg live weight
Min Size
Max Size
Sex
Total Number of Samples (n=)
Meas. Convention (TL, SL, FL, etc.)
Measure Type
Unit (mm or cm)
Comments
Size between
Number
Number
Number
Number
Number
9,5 -9,99
10,0 -10,49
10,5 -10,99
11,0 -11,49
11,5 -11,99
12,0 -12,49
12,5 -12,99
…
…
…
97,0 -97,49
97,5 -97,99
98,0 -98,49
98,5 -98,99
99,0 -99,49
99,5 -99,99
100,0 -100,49
…’
(6)
in point 36:
(a)
the heading is replaced by the following:
‘Report in Annex II.G to the CEM transmitted daily by the observer as referred to in point (b) of Article 27(11);’;
(b)
the table on the format of the Observer Report is replaced by the following:
‘1.2. Observer Report
Data Element
Code
Mandatory/
Optional
Requirements for the field
Start record
SR
M
System detail; indicates start of record
Address
AD
M
Message detail; destination, “ XNW ” for NAFO
Sequence Number
SQ
M
Message detail; message serial number in current year
Type of Message
TM
M
Message detail; message type, “ OBR ” as Observer report
Radio call sign
RC
M
Vessel registration detail; international radio call sign of the vessel
Fishing Gear
GE
M ( 13 )
Activity detail; FAO code for fishing gear
Directed Species
DS
M ( 13 )
Activity detail; FAO species code for each directed species since the last OBR report
Mesh Size
ME
M ( 13 )
Activity detail; average mesh size in millimetres
Relevant Area
RA
M
Activity detail; NAFO Division
Daily Catches
species
live weight
CA
M
M
Activity detail; catch retained on board by species and by Division since last OBR report in kilograms rounded to the nearest 100 kilograms. Allow for several pairs of fields, consisting of species (FAO 3 alpha codes) + live weight in kilograms (until 9 digits), with each field separated by a space, e.g.
//CA/speciesspaceweightspacespeciesspaceweightspacespeiesspaceweight//
Discarding
species
live weight
RJ
M ( 13 )
Activity detail; Catch discarded by species and by Division since last OBR report, in kg rounded to the nearest 100 kg. Allow for several pairs of fields, consisting of species (FAO 3 alpha codes) + live weight in kilograms (until 9 digits), with each field separated by a space, e.g.
//RJ/speciesspaceweightspacespeciesspaceweightspacespeciesspaceweight//
Undersize ( 18 )
species
live weight
US
M ( 13 )
Activity detail; Undersize catch by species and by Division since last OBR report, in kg rounded to the nearest 100 kg. Allow for several pairs of fields, consisting of species (FAO 3 alpha codes) + live weight in kilograms (until 9 digits), with each field separated by a space, e.g.
//US/speciesspaceweightspacespeciesspaceweightspacespeciesspaceweight//
Logbook
LB
M
Activity detail; “Yes” or “No” ( 14 )
Hails
HA
M
Activity detail; “Yes” or “No” ( 15 )
Potential non-compliance
AF
M
Activity detail; “Yes” or “No” ( 16 )
Observer Name
ON
M
Message detail; name of the observer signing the report
Date
DA
M
Message detail; date of transmission of this report
Free Text
MS
O ( 17 )
Activity detail; for further comments by the observer
Time
TI
M
Message detail; time of transmission of this report
End of record
ER
M
System detail; indicates end of the record
(7)
point 46 is deleted.
( 1 ) The plus sign (+) does not need to be transmitted; leading zeros can be omitted.’;
( 2 ) Data at the time when gear first enters the water.
( 3 ) Data at the time gear is fully set.
( 4 ) Data at the time of the start of gear retrieval.
( 5 ) Data at the time gear is fully retrieved and onboard vessel.
( 6 ) Decimal hours. In the case of trawl fisheries, the time from the end of setting to the start of gear retrieval. In any other case, the time from the start of gear setting to the end of retrieval.
( 7 ) Including VMEs indicators.
( 8 ) Based on the information provided in Part 2.
( *1 ) As per CEM Article 5.2.
( *2 ) In the case of trawl fisheries, fishing time is the time from the end of setting to the start of gear retrieval. In any other case, fishing time is the time from the start of gear setting to the end of retrieval. Summed haul duration for all hauls in the listed division, by gear type and directed species
( *3 ) As per CEM Article 1.6.
( 9 ) Data collection on Greenland sharks shall be carried out minimising the damage to the sampled individuals.
( 10 ) JM: Juvenile male, AM: Adult male, M: Male maturity unknown, F: Female, U: sex and maturity unknown.
( 11 ) Indicate at least one of the following catch disposition, as applicable: A: alive, D: dead, UI: uninjured, I: injured, M: moribund, U: unknown.
( 12 ) To be filled in based on scientific data collection instructions.
( 13 ) Only to be transmitted if relevant.
( 14 )
“Yes” if the observer confirms the Logbook entries have been made in accordance with the CEMs.
( 15 )
“Yes” if the observer confirms the reports required under Article 13.12, 13.13, and 28.6 have been transmitted in accordance with the CEMs.
( 16 )
“Yes” if the observer detects any potential non-compliance with the CEMs.
( 17 ) Mandatory if “LB” = “No”, or “HA” = “No”, or “AF” = “Yes”.
( 18 ) Discarded undersized catch reported in the US field should also be included in the quantities expressed in the Discarding (RJ) field.’;
