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Document 32011R0404

Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy

OJ L 112, 30.4.2011, p. 1–153 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Special edition in Croatian: Chapter 04 Volume 001 P. 163 - 315

In force

ELI: http://data.europa.eu/eli/reg_impl/2011/404/oj

30.4.2011   

EN

Official Journal of the European Union

L 112/1


COMMISSION IMPLEMENTING REGULATION (EU) No 404/2011

of 8 April 2011

laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (1), and in particular Articles 6(5), 7(5), 8(1), 9(5), 14(10), 15(9), 16(2), 21(7), 22(7), 23(5), 24(8) and 25(2), Article 32, Articles 37(4), 40(6), 55(5), 58(9), 60(7), Article 61, and Articles 64(2), 72(5), 73(9), 74(6), 75(2), 76(4), 78(2), 79(7), 92(5), 103(8), 105(6), 106(4), 107(4), 111(3), 116(6), 117(4) and 118(5) thereof,

Whereas:

(1)

Regulation (EC) No 1224/2009 (hereafter referred to as ‘the Control Regulation’) provides for the adoption of detailed rules and measures to implement certain provisions it sets out.

(2)

With a view to ensuring a coherent application of these detailed rules the establishment of certain definitions is necessary.

(3)

Article 6(1) of the Control Regulation provides that a EU fishing vessel may only be used for the commercial exploitation of living aquatic resources if it has a valid fishing licence. Article 7(1) of the Control Regulation provides that an EU fishing vessel shall only be authorised to carry out specific fishing activities in so far as they are indicated in a valid fishing authorisation. It is appropriate to establish common rules for the issuance and management of such fishing licences and fishing authorisations to ensure a common standard of information contained therein.

(4)

Article 8(1) of the Control Regulation provides that a master of a fishing vessel has to respect conditions and restrictions relating to the marking and identification of fishing vessels and their gear. As such conditions and restrictions apply to EU waters it is necessary to establish them at the level of the European Union.

(5)

According to Article 9(1) of the Control Regulation, Member States shall operate a satellite-based Vessel Monitoring System for the effective monitoring of fishing activities of their fishing vessels wherever they may be and of fishing activities in their waters. It is appropriate to establish common specifications at the level of the European Union for such a system. Such specifications should set out in particular the characteristics of satellite tracking devices, details on the transmission of position data and rules in the case of a technical failure or non-functioning of satellite tracking devices.

(6)

Article 14(1) of the Control Regulation provides that masters of EU fishing vessels of 10 metres length overall or more have to keep a fishing logbook of their operations. It is necessary to determine the information that has to be recorded in the fishing logbooks and their format.

(7)

Article 14(7) of the Control Regulation provides that masters of EU fishing vessels have to use conversion factors established at EU level for converting stored or processed fish weight into live fish weight. It is therefore necessary to establish such conversion factors.

(8)

Article 15(1) of the Control Regulation provides that masters of EU fishing vessels of 12 metres length overall or more have to record logbook information by electronic means. It is appropriate to establish the requirements for the electronic completion and transmission of this information and to specify their format.

(9)

Articles 21(1) and 23(1) of the Control Regulation provide that masters of EU fishing vessels of 10 metres length overall and more have to complete and submit transhipment and landing declarations. It is appropriate to determine the information that has to be contained in these declarations and to specify the details of their submission.

(10)

Articles 22(1) and 24(1) of the Control Regulation provides for the electronic completion and transmission of transhipment and landing declarations by electronic means. It is appropriate to establish the requirements for the electronic completion and transmission of these data and to specify their format.

(11)

Articles 16(1) and 25(1) of the Control Regulation provide that every Member State has to monitor on the basis of sampling the activities of fishing vessels which are not subject to logbook requirements and landing declarations. With a view to ensure common standards of such samplings detailed rules, should be established at the level of the European Union.

(12)

Article 37 of the Control Regulation provides that necessary corrective actions are to be taken by the Commission in case the Commission has prohibited fishing because of the alleged exhaustion of the fishing opportunities available to a Member State or group of Member States, or to the European Union and it transpires that a Member State has not in fact exhausted its fishing opportunities. It is necessary to adopt adequate rules for the reallocation of such fishing opportunities, which take into account situations where a total allowable catch (TAC) for the EU is available or not, or where due to the annual setting of fishing opportunities circumstances do not permit such reallocation.

(13)

Articles 39 to 41 of the Control Regulation foresee rules to ensure that the engine power of fishing vessels is not exceeded. It is necessary to establish the technical rules of the relevant certifications and verifications to be done in this field.

(14)

Article 55 of the Control Regulation provides that Member States should ensure that recreational fisheries are conducted in a manner compatible with the objectives of the Common Fisheries Policy. For stocks under a recovery plan Member States should collect catch data of recreational fisheries. Where such fisheries have a significant impact on the resources, specific management measures may be decided by the Council. It is appropriate to lay down detailed rules for the establishment of sampling plans in order to allow Member States to monitor the catches of stocks subject to recovery plans by recreational fisheries practised from their vessels, in waters subject to their sovereignty or jurisdiction.

(15)

In order to establish a comprehensive control regime the whole chain of production and marketing should be covered by such a regime. Article 58 of the Control Regulation provides for a coherent traceability system to ensure that all lots of fisheries and aquaculture products are traceable at all stages of production, processing and distribution, from catching or harvesting to the retail stage. It is necessary to lay down common rules for identification procedures of the product concerned.

(16)

Article 60 of the Control Regulation provides that all fishery products are to be weighed on systems approved by the competent authorities unless they have adopted a sampling plan approved by the Commission. It is necessary to establish common rules in all Member States for the weighing of fresh and frozen fisheries products, as well as for the weighing of transhipped fisheries products, and for the weighing of fisheries products after transport from the place of landing.

(17)

Article 61 of the Control Regulation provides for the possibility for fisheries products to be weighed after transport under the condition that the Member State has adopted a control plan or, when the fisheries products are transported to another Member State, that the Member States concerned have adopted a common control programme that are approved by the Commission and based on a risk-based methodology adopted by the Commission. This risk-based methodology needs to be defined.

(18)

The fishery on herring, mackerel and horse mackerel has some specific features. For this reason it is appropriate to establish special rules on weighing and related elements to take account of these specific features.

(19)

Article 64 of the Control Regulation foresees that the detailed rules on the content of sales notes are to be adopted. It is pertinent to include such rules in this Regulation.

(20)

Articles 71 and 72 of the Control Regulation provide that Member States shall carry out surveillance in EU waters and take the necessary measures if a sighting does not correspond to the information available to them. It is necessary to lay down common rules regarding the content of a surveillance report, and its means of transmission.

(21)

Article 73 of the Control Regulation provides the possibility for the Council to establish control observer schemes and establishes in general lines the profile and tasks of control observers on board fishing vessels. Therefore detailed rules on the deployment and duties of control observers should be drawn up.

(22)

According to Chapter I of Title VII of the Control Regulation, rules are to be established for the conduct of inspections in order to enhance a standardised approach to control activities carried out by Member States. Rules should be laid down for the conduct of officials in charge of inspections, and the obligations of Member States regarding the behaviour of their officials authorised to conduct such inspections. At the same time, the duties of operators during inspection should be clarified. It is also necessary to lay down common principles for inspection procedures at sea, in port, during transport, at market places, and regarding inspection reports and their transmission.

(23)

Article 79 of the Control Regulation provides that Union inspectors may carry out inspections in EU waters and on EU fishing vessels outside EU waters. It is appropriate to draw up rules regarding the nomination of Union inspectors, their tasks and obligations, as well as the type of follow up to be given to their report.

(24)

Article 92 of the Control Regulation provides for the establishment of a point system for serious infringements with the aim to ensure compliance with the rules of the Common Fisheries Policy and a level playing field in all EU waters. For this to be achieved, it is necessary to establish common rules at the level of the European Union for the application of such a point system, including a list of points to be attributed for each serious infringement.

(25)

In accordance with Article 5(6) and Article 103 of the Control Regulation, the financial assistance in the framework of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (2) and Council Regulation (EC) No 861/2006 of 22 May 2006 establishing Community financial measures for the implementation of the Common Fisheries Policy and in the area of the Law of the Sea (3) is made conditional upon compliance by Member States with their obligations in the fields of fisheries conservation and control, the Commission having the possibility under certain conditions to suspend and cancel such financial assistance. It is necessary to lay down detailed rules for the application of these measures.

(26)

Article 107 of the Control Regulation provides for deduction of quotas by the Commission in cases of failure by Member States to comply with the rules on stocks subject to multiannual plans which leads to a serious threat to the conservation of such stocks. Rules should therefore be drawn up regarding the extent of the deduction, taking into account the nature of the non-compliance, the extent of its impact, as well as the gravity of the threat to the resource.

(27)

Chapter I of Title XII of the Control Regulation establishes rules on the handling of data recorded for the purpose of that Regulation, including the obligation for the Member States to set up a computerised database and a validation system and the provisions on accessing and exchanging such data. It is necessary to lay down common rules establishing procedures to process such data and to ensure access to it by the Commission and specifying the requirements for the exchange of data.

(28)

Article 110 of the Control Regulation deals with the remote access of the Commission or the body designated by it to computer files containing the data recorded by fisheries monitoring centres of Member States. In order to ensure such an access it is pertinent to establish clear rules on the conditions and the procedures that should be respected.

(29)

Articles 114 to 116 of the Control Regulation provide that the Member States have to establish official websites. With a view to ensure their equal accessibility in all Member States it is pertinent to establish rules at EU level on these websites.

(30)

According to Article 117 of the Control Regulation a system of mutual assistance shall be established for ensuring the administrative cooperation among Member States and the Commission. Such administrative cooperation is essential to ensure that a level playing field in the EU is established and that illegal activities are properly investigated and sanctioned. Rules should therefore be drawn up for a systematic exchange of information either on request or spontaneously, and for the possibility to request enforcement measures and administrative notification by another Member State.

(31)

The protection of individuals with regard to the processing of personal data by the Member States is governed by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4). The protection of individuals with regard to the processing of personal data by the Commission is governed by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5), in particular as regards the requirements of confidentiality and security of processing, the transfer of personal data from the national systems of Member States to the Commission, the lawfulness of processing, and the rights of data subjects to information, access to and rectification of their personal data.

(32)

To facilitate the implementation of the fisheries control system, detailed rules should be concentrated in one single Regulation. The following Commission Regulations should therefore be repealed:

Regulation (EEC) No 2807/83 (6) laying down detailed rules for recording information on Member States’ catches of fish,

Regulation (EEC) No 3561/85 (7) concerning information about inspections of fishing activities carried out by national control authorities,

Regulation (EEC) No 493/87 (8) establishing detailed rules for remedying the prejudice caused on the halting of certain fisheries,

Regulation (EEC) No 1381/87 (9) establishing detailed rules concerning the marking and documentation of fishing vessels,

Regulation (EEC) No 1382/87 (10) establishing detailed rules concerning the inspection of fishing vessels,

Regulation (EC) No 2943/95 (11) setting out detailed rules for applying Council Regulation (EC) No 1627/94 laying down general provisions concerning special fishing permits,

Regulation (EC) No 1449/98 (12) laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 as regards effort reports,

Regulation (EC) No 356/2005 (13) laying down detailed rules for the marking and identification of passive fishing gear and beam trawls,

Regulation (EC) No 2244/2003 (14) laying down detailed provisions regarding satellite-based Vessel Monitoring Systems,

Regulation (EC) No 1281/2005 (15) of the management of fishing licences and the minimal information to be contained therein,

Regulation (EC) No 1042/2006 (16) laying down detailed rules for the implementation of Article 28(3) and (4) of Council Regulation (EEC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy,

Regulation (EC) No 1542/2007 (17) on landing and weighing procedures for herring, mackerel and horse mackerel,

Regulation (EC) No 1077/2008 (18) laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing and repealing Regulation (EC) No 1566/2007, and

Regulation (EC) No 409/2009 (19) establishing Community conversion factors and presentation codes used to convert fish processed weight into fish weight, and amending Commission Regulation (EEC) No 2807/83.

(33)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION

TITLE I

GENERAL PROVISIONS

SCOPE

Article 1

Subject matter

This Regulation lays down detailed rules for the application of the control system of the European Union as established by the Control Regulation.

Article 2

Definitions

For the purpose of this Regulation the following definitions shall apply:

(1)

‘EU fishing vessel’ means a vessel defined in Article 3(d) of Council Regulation (EC) No 2371/2002 (20);

(2)

‘EU waters’ means waters defined in Article 3(a) of Regulation (EC) No 2371/2002;

(3)

‘holder of a fishing licence’ means a natural or legal person to whom a fishing licence as referred to Article 6 of the Control Regulation has been issued;

(4)

‘Union inspectors’ means inspectors as defined in Article 4(7) of the Control Regulation;

(5)

‘fish aggregating device’ means any equipment floating on the sea surface or anchored with the objective of attracting fish;

(6)

‘passive gear’ means any fishing gear the catch operation of which does not require an active movement of the gear, including:

(a)

gillnets, entangling nets, trammel nets, and trap nets;

(b)

drifting gillnets, and drifting trammel nets, any of which may be equipped with anchoring, floating and navigational gear;

(c)

long lines, lines, pots and traps;

(7)

‘beam trawl’ means any towed trawl in which the mouth of the trawl is held open by a beam or similar device, irrespectively of whether they are supported or not when dragged along the seabed;

(8)

‘vessel monitoring system’ (VMS) as referred to in Article 9(1) of the Control Regulation means a satellite-based fishing vessel monitoring system providing to the fisheries authorities data at regular intervals on the location, course and speed of vessels;

(9)

‘satellite-tracking device’ as referred to in Article 4(12) of the Control Regulation means a device installed on board of a fishing vessel that transmits position and related data automatically to the fisheries monitoring centre according to the legal requirements and that allows detection and identification of the fishing vessel at all times;

(10)

‘fishing trip’ means any voyage of a fishing vessel during which fishing activities are conducted that starts at the moment when the fishing vessel leaves a port and ends on arrival in port;

(11)

‘fishing operation’ means all activities in connection with searching for fish, the shooting, towing and hauling of active gears, setting, soaking, removing or resetting of passive gears and the removal of any catch from the gear, keep nets, or from a transport cage to fattening and farming cages;

(12)

‘electronic fishing logbook’ means the record by computerised means of fishing operation details by the master of a fishing vessel transmitted to the Member State authorities;

(13)

‘product presentation’ means a description of the processed state of the fisheries product or part thereof in accordance with the codes and descriptions in Annex I;

(14)

‘European Fisheries Control Agency’ means the agency as defined in Article 1 of Council Regulation (EC) No 768/2005 (21);

(15)

‘sighting’ means any observation of a fishing vessel by any competent authority of a Member State;

(16)

‘commercially sensitive information’ means information the release of which is likely to prejudice the commercial interests of an operator;

(17)

‘computerised validation system’ means a system capable of verifying that all data recorded in Member States databases is accurate, complete and submitted within the deadlines;

(18)

‘web service’ means a software system designed to support interoperable machine-to-machine interaction over a network.

TITLE II

GENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES

CHAPTER I

Fishing licenses

Article 3

Issue and management of fishing licences

1.   A fishing licence referred to in Article 6 of the Control Regulation shall be valid for one EU fishing vessel only.

2.   Fishing licences referred to in Article 6 of the Control Regulation shall be issued, managed and withdrawn by Member States for their fishing vessels in accordance with this Regulation.

3.   Fishing licences referred to in Article 6 of the Control Regulation shall contain as a minimum the information set out in Annex II.

4.   Fishing licences issued in accordance with Regulation (EC) No 1281/2005 shall be considered as fishing licences issued in accordance with this Regulation if they contain the minimum information required by paragraph 3 of this Article.

5.   A fishing licence shall only be valid if the conditions on the basis of which it has been issued are still met.

6.   If a fishing licence has been temporarily suspended or permanently withdrawn, the authorities of the flag Member State shall immediately inform the holder of the fishing licence.

7.   At any moment the total capacity corresponding to the fishing licences issued by a Member State, in GT or kW, shall not be higher than the maximum capacity levels for that Member State established in accordance with Articles 12 and 13 of Regulation (EC) No 2371/2002, and Commission Regulation (EC) No 1438/2003 (22), Council Regulation (EC) No 639/2004 (23), and Commission Regulation (EC) No 2104/2004 (24).

CHAPTER II

Fishing authorisations

Article 4

Fishing authorisations

1.   A fishing authorisation referred to in Article 7 of the Control Regulation shall be valid for one EU fishing vessel only.

2.   Fishing authorisations referred to in Article 7 of the Control Regulation shall contain as a minimum the information set out in Annex III. The flag Member State shall ensure that the information contained in the fishing authorisation is accurate and consistent with the rules of the Common Fisheries Policy.

3.   Special fishing permits issued in accordance with Council Regulation (EC) No 1627/94 (25) shall be considered as fishing authorisations issued in accordance with this Regulation if they contain the minimum information required by paragraph 2 of this Article.

4.   A fishing authorisation as referred to in paragraph 2 and a fishing licence as referred to in Article 3(2) of this Regulation may be contained in the same document.

5.   Without prejudice to special rules EU fishing vessels of less than 10 metres’ length overall which fish exclusively in the territorial waters of their flag Member States shall be excluded from the obligation to a have a fishing authorisation.

6.   Paragraph 2 and paragraph 5 of Article 3 of this Regulation shall apply correspondingly.

Article 5

List of fishing authorisations

1.   Without prejudice to special rules, when the websites as referred to in Article 114 of the Control Regulation have become operational and not later than 1 January 2012 Member States shall make available on the secure part of their official websites the list of their fishing vessels that have received fishing authorisations referred to in Article 7 of the Control Regulation before these fishing authorisations become valid. They shall update their list in case of any changes to this list before they become effective.

2.   For the period 1 January 2011 until 31 December 2011, on request Member States shall make available to the Commission a list of their fishing vessels that have received fishing authorisations for 2011. They shall inform the Commission of any changes to this list before these changes become effective.

CHAPTER III

Marking and identification of EU fishing vessels and their gear

Section 1

Marking and identification of fishing vessels

Article 6

Marking of fishing vessels

An EU fishing vessel shall be marked as follows:

(a)

the letter(s) of the port or district in which the EU fishing vessel is registered and the number(s) under which it is registered shall be painted or displayed on both sides of the bow, as high above the water as possible so as to be clearly visible from the sea and the air, in a colour contrasting with the background on which they are painted;

(b)

for EU fishing vessels over 10 metres length overall and less than 17 metres length overall, the height of the letters and numbers shall be at least 25 centimetres with a line thickness of at least 4 centimetres. For EU fishing vessels of 17 metres length overall or more, the height of the letters and numbers shall be at least 45 centimetres, with a line thickness of at least 6 centimetres;

(c)

the flag Member State may require the international radio call sign (IRCS) or the external registration letters and numbers to be painted on top of the wheelhouse, so as to be clearly visible from the air, in a colour contrasting with the ground on which it is painted;

(d)

the contrasting colours shall be white and black;

(e)

the external registration letters and numbers painted or displayed on the hull of the EU fishing vessel shall not be removable, effaced, altered, illegible, covered or concealed.

Article 7

Documents carried on board an EU fishing vessel

1.   The master of a EU fishing vessel of 10 metres length overall or more shall carry on board documents, issued by a competent authority of the Member State in which it is registered, showing at least the following elements of the vessel:

(a)

the name if any;

(b)

the letters of the port or district in which it is registered, and the number(s) under which it is registered;

(c)

the international radio call sign, if any;

(d)

the names and addresses of the owner(s) and, where applicable, the charterer(s);

(e)

the length overall, propulsion engine power, gross tonnage and, for EU fishing vessels which entered into service from 1 January 1987 onwards, date of entry into service.

2.   On EU fishing vessels of 17 metres length overall or more with fish rooms the master shall keep on board accurate drawings with description of its fish rooms, including the indication of all access points and of their storage capacity in cubic metres.

3.   The master of an EU vessel with chilled or refrigerated seawater tanks shall keep on board an up-to-date document indicating the calibration of the tanks in cubic metres at 10 centimetre intervals.

4.   The documents referred to in paragraphs 2 and 3 shall be certified by the competent authority of the flag Member State. Any modification of the characteristics contained in the documents referred to in paragraphs 1 to 3, shall be certified by a competent authority of the flag Member State.

5.   The documents referred to in this Article shall be presented for the purposes of control and inspection at the request of the officials.

Section 2

Marking and identification of fishing gear and crafts

Article 8

Marking of crafts and fish aggregating devices

Any craft carried on board EU fishing vessels and fish aggregating devices shall be marked with external registration letters and numbers of the EU fishing vessel(s) which use them.

Article 9

General rules for passive gear and beam trawls

1.   The provisions contained in Articles 9 to 12 of this Regulation shall apply to EU fishing vessels fishing in all EU waters and the provisions contained in Articles 13 to 17 of this Regulation to EU waters outside 12 nautical miles measured from the base lines of the coastal Member States.

2.   It shall be prohibited in EU waters as set down in paragraph 1 to carry out fishing activities with passive gear, buoys, and beam trawls, which are not marked and identifiable in accordance with the provisions of Articles 10 to 17 of this Regulation.

3.   It shall be prohibited in EU waters as set down in paragraph 1 to carry on board:

(a)

beams of a beam trawl which do not display the external registration letters and numbers in accordance with Article 10 of this Regulation;

(b)

passive gear which is not labelled in accordance with Article 11(2) of this Regulation;

(c)

buoys which are not marked in accordance with Article 13(2) of this Regulation.

Article 10

Rules for beam trawls

The master of an EU fishing vessel or his representative shall ensure that each assembled beam trawl carried on board or used for fishing clearly displays the external registration letters and numbers of that fishing vessel on the beam of each beam trawl assembly.

Article 11

Rules for passive gear

1.   The master of an EU fishing vessel or his representative shall ensure that each passive gear carried on board or used for fishing is clearly marked and identifiable in accordance with the provisions of this Article.

2.   Each passive gear used for fishing shall permanently display the external registration letters and numbers displayed on the hull of the fishing vessel to which it belongs:

(a)

for nets, on a label attached to the upper first row;

(b)

for lines and long lines, on a label at the point of contact with the mooring buoy;

(c)

for pots and traps, on a label attached to the ground rope;

(d)

for passive gear extending more than 1 nautical mile, on labels attached in accordance with (a), (b) and (c) at regular intervals not exceeding 1 nautical mile so that no part of the passive gear extending more than 1 nautical mile shall be left unmarked.

Article 12

Rules for labels

1.   Each label shall be:

(a)

made of durable material;

(b)

securely fitted to the gear;

(c)

at least 65 millimetres broad;

(d)

at least 75 millimetres long.

2.   The label shall not be removable, effaced, altered, illegible, covered or concealed.

Article 13

Rules for buoys

1.   The master of a EU fishing vessel or his representative shall ensure that two end marker buoys and intermediary marker buoys, rigged in accordance with Annex IV, are fixed to each passive gear used for fishing and are deployed in accordance with the provisions of this Section.

2.   Each end marker buoy and intermediary buoy shall display the external registration letters and numbers displayed on the hull of the EU fishing vessel to which they belong and which has deployed such buoys as follows:

(a)

letters and numbers shall be displayed as high above the water as possible so as to be clearly visible;

(b)

in a colour contrasting with the surface on which they are displayed.

3.   The letters and numbers displayed on the marker buoy shall not be effaced, altered or allowed to become illegible.

Article 14

Rules for cords

1.   The cords linking the buoys to the passive gear shall be of submersible material, or shall be weighted down.

2.   The cords linking the end marker buoys to each gear shall be fixed at the ends of that gear.

Article 15

Rules for end marker buoys

1.   End marker buoys shall be deployed so that each end of the gear may be determined at any time.

2.   The mast of each end marker buoy shall have a height of at least 1 metre above the sea level measured from the top of the float to the lower edge of the bottom most flag.

3.   End marker buoys shall be coloured, but may not be red or green.

4.   Each end marker buoy shall include:

(a)

one or two rectangular flag(s); where two flags are required on the same buoy, the distance between them shall be at least 20 centimetres flags indicating the extremities of the same gear shall be of the same colour and may not be white and shall be of the same size;

(b)

one or two light(s), which shall be yellow and give one flash each 5 seconds (F1 Y 5s), and be visible from a minimum distance of 2 nautical miles.

5.   Each end marker buoy may include a top sign on the top of the buoy with one or two striped luminous bands which shall be neither red nor green and shall be at least 6 centimetres broad.

Article 16

Rules for fixing of end marker buoys

1.   End marker buoys shall be fixed to passive gear in the following way:

(a)

the buoy in the western sector (meaning the half compass circle from south through west to and including north) shall be rigged with two flags, two striped luminous bands, two lights and a label in accordance with Article 12 of this Regulation;

(b)

the buoy in the eastern sector (meaning the half compass circle from north through east to and including the south) shall be rigged with one flag one striped luminous band, one light and a label in accordance with Article 12 of this Regulation.

2.   The label shall contain the information contained in Article 13(2) of this Regulation.

Article 17

Intermediary marker buoys

1.   Intermediary marker buoys shall be fixed to passive gear extending more than 5 nautical miles as follows:

(a)

intermediary marker buoys shall be deployed at distances of not more than 5 nautical miles so that no part of the gear extending 5 nautical miles or more shall be left unmarked;

(b)

intermediary marker buoys shall be fitted with a flashing light which shall be yellow and give one flash every 5 seconds (F1 Y 5s) and be visible from a minimum distance of 2 nautical miles. They shall have the same characteristics as those of the end marker buoy in the eastern sector, except that the flag shall be white.

2.   By derogation from paragraph 1, in the Baltic Sea intermediary marker buoys shall be fixed to passive gear extending more than 1 nautical mile. Intermediary marker buoys shall be deployed at distances of not more than 1 nautical mile so that no part of the gear extending 1 nautical mile or more shall be left unmarked.

Intermediary marker buoys shall have the same characteristics as those of the end marker buoy in the eastern sector except for the following:

(a)

the flags shall be white;

(b)

every fifth intermediary marker buoys shall be fitted with a radar reflector giving an echo of at least 2 nautical miles.

CHAPTER IV

Vessel monitoring system

Article 18

Requirement of satellite-tracking devices on EU fishing vessels

1.   Without prejudice to Article 25(3) of this Regulation an EU fishing vessel subject to VMS shall not be allowed to leave a port without a fully operational satellite-tracking device installed on board.

2.   When an EU fishing vessel is in port, the satellite-tracking device may only be switched off if:

(a)

prior notification has been given to the fisheries monitoring centre (FMC) of the flag Member State and the FMC of the coastal Member State; and

(b)

providing that the next report shows that the EU fishing vessel has not changed its position in relation to the previous report.

The competent authorities of the flag Member State may allow to replace the prior notification referred to in (a) with an automatic VMS message or alarm generated by the system, indicating that the EU fishing vessel is within a pre-defined geographical area of a port.

3.   This Chapter shall not apply to EU fishing vessels used exclusively for the exploitation of aquaculture.

Article 19

Characteristics of satellite-tracking devices

1.   The satellite-tracking device installed on board EU fishing vessels shall ensure the automatic transmission to the FMC of the flag Member State, at regular intervals, of data relating to:

(a)

the fishing vessel identification;

(b)

the most recent geographical position of the fishing vessel, with a position error which shall be less than 500 metres, with a confidence interval of 99 %;

(c)

the date and time (expressed in Coordinated Universal Time (UTC)) of the fixing of the said position of the fishing vessel; and

(d)

the instant speed and course of the fishing vessel.

2.   Member States shall ensure that satellite-tracking devices are protected against input or output of false positions and cannot be manually over-ridden.

Article 20

Responsibilities of the masters concerning the satellite-tracking devices

1.   The masters of an EU fishing vessel shall ensure that the satellite-tracking devices are fully operational at all times and that the data referred to in Article 19(1) of this Regulation are transmitted.

2.   Without prejudice to Article 26(1) of this Regulation, the master of an EU fishing vessel shall ensure in particular that:

(a)

the data are not altered in any way;

(b)

the antenna or the antennas connected to the satellite tracking devices are not obstructed, disconnected or blocked in any way;

(c)

the power supply of the satellite-tracking devices is not interrupted in any way; and

(d)

the satellite-tracking device is not removed from the fishing vessel.

3.   It shall be prohibited to destroy, damage, render inoperative or otherwise interfere with the satellite-tracking device unless the competent authorities of the flag Member State have authorised its repair or replacement.

Article 21

Control measures to be adopted by flag Member States

Each flag Member State shall ensure the continuous and systematic monitoring and control of the accuracy of the data referred to in Article 19 of this Regulation, and shall act promptly whenever data are found to be inaccurate or incomplete.

Article 22

Frequency of data transmission

1.   Each Member State shall ensure that its FMC receives, at least once every 2 hours, through the VMS the information referred to in Article 19 of this Regulation concerning its fishing vessels. The FMC may require the information at shorter time intervals.

2.   The FMC shall have the capacity of polling the actual position of each of its fishing vessel.

Article 23

Monitoring of entry into and exit from specific areas

Each Member State shall ensure that through VMS data its FMC monitors, as regards its fishing vessels, date and time of entry into and exit from:

(a)

any maritime area where specific rules on access to waters and resources apply;

(b)

fishing restricted areas referred to in Article 50 of the Control Regulation;

(c)

regulatory areas of the Regional Fisheries Management Organisations to which the European Union or certain Member States are a party;

(d)

waters under the sovereignty and jurisdiction of a third country.

Article 24

Transmission of data to the coastal Member State

1.   The VMS established by each Member State shall ensure the automatic transmission to the FMC of a coastal Member State of the data to be provided in accordance with Article 19 of this Regulation concerning its fishing vessels during the time they are in the waters of the coastal Member State. That data transmission shall be simultaneous with the receipt at the FMC of the flag Member State and shall be in accordance with the format set out in Annex V.

2.   Coastal Member States monitoring jointly an area may specify a common destination for the transmission of the data to be provided in accordance with Article 19 of this Regulation. They shall inform the Commission and the other Member States thereof.

3.   Each Member State shall transmit to the other Member States and the Commission in a, where possible electronic, format compatible with the World Geodetic System 1984 (WGS 84) a comprehensive list of the latitude and longitude coordinates which delineate its exclusive economic zone or exclusive fishery zone. It shall also communicate to the other Member States and the Commission any changes of these coordinates. Alternatively Member States may publish this list on the website referred to in Article 115 of the Control Regulation.

4.   Member States shall ensure effective coordination between their competent authorities regarding the transmission of VMS data in accordance with Article 9(3) of the Control Regulation, including through the establishment of clear and documented procedures for this purpose.

Article 25

Technical failure or non-functioning of the satellite-tracking device

1.   In the event of a technical failure or non-functioning of the satellite-tracking device fitted on board a EU fishing vessel, the master or his representative shall, starting from the time that the event was detected or from the time that he was informed in accordance with paragraph 4 or Article 26(1) of this Regulation, communicate every 4 hours, to the FMC of the flag Member State the up-to-date geographical coordinates of the fishing vessel by appropriate telecommunication means. Member States shall decide on the telecommunication means to be used and indicate them on the website referred to in Article 115 of the Control Regulation.

2.   The FMC of the flag Member State shall enter the geographical positions referred to in paragraph 1 into the VMS database without delay on their receipt. The manual VMS data shall be clearly distinguishable in a database from automatic messages. Where appropriate, those manual VMS data shall be transmitted without delay to coastal Member States.

3.   Following a technical failure or non-functioning of the satellite-tracking device, an EU fishing vessel may only leave port once the satellite-tracking device fitted on board is fully functioning to the satisfaction of the competent authorities of the flag state. By derogation the FMC of the flag Member State may authorise its fishing vessels to leave the port with a non-functioning satellite-tracking device for its repair or replacement.

4.   The competent authorities of the flag Member State or, where appropriate, of the coastal Member State shall seek to inform the master of or the person responsible for the vessel or their representative when the satellite-tracking device fitted on board a EU fishing vessel appears to be defective or not fully functioning.

5.   The removal of the satellite-tracking device for repair or replacement shall be subject to the approval of the competent authorities of the flag Member State.

Article 26

Non-receipt of data

1.   When the FMC of a flag Member State has not received data transmissions in accordance with Article 22 or Article 25(1) of this Regulation for 12 consecutive hours it shall notify the master or the operator of the EU fishing vessel or their representative(s) thereof as soon as possible. If, in respect of an EU particular fishing vessel, that situation occurs more than three times within a period of a calendar year, the flag Member State shall ensure that the satellite-tracking device of the fishing vessel is thoroughly checked. The flag Member State shall investigate the matter in order to establish whether the equipment has been tampered with. By way of derogation from Article 20(2)(d) of this Regulation, that investigation may entail the removal of such equipment for examination.

2.   When the FMC of a flag Member State has not received data transmissions for 12 hours in accordance with Article 22 or Article 25(1) of this Regulation and the last received position was from within the waters of another Member State it shall notify the FMC of that coastal Member State thereof as soon as possible.

3.   When the competent authorities of a coastal Member State observe an EU fishing vessel in its waters and have not received data in accordance with Article 24(1) or 25(2) of this Regulation, they shall notify the master of the fishing vessel and the FMC of the flag Member State thereof.

Article 27

Monitoring and recording of the fishing activities

1.   Member States shall use the data received pursuant to Article 22, Article 24(1) and Article 25 of this Regulation for the effective monitoring of the activities of fishing vessels.

2.   Flag Member States shall:

(a)

ensure that data received according to this Chapter are recorded in computer-readable form and safely stored in computerised databases for at least 3 years;

(b)

take all necessary measures to ensure that they are only used for official purposes; and

(c)

take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation.

Article 28

Access to data by the Commission

The Commission may request Member States in accordance with Article 111(1)(a) of the Control Regulation to ensure the automatic transmission to the Commission or to the body designated by it, of the data to be provided in accordance with Article 19 of this Regulation concerning a specific group of fishing vessels and during a specific time. That data transmission shall be simultaneous with receipt at the FMC of the flag Member State and shall be in accordance with the format set out in Annex V.

TITLE III

CONTROL OF FISHERIES

CHAPTER I

Fishing logbook, transhipment declaration and landing declaration in paper format

Section 1

Completion and submission of a fishing logbook, landing declaration and transhipment declaration in paper format

Article 29

EU fishing vessels subject to the completion and submission of a fishing logbook and transhipment/landing declaration in paper format

1.   Without prejudice to specific provisions contained in multi-annual plans, the master of a EU fishing vessel of 10 metres length overall or more that is not subject to the electronic completion and transmission of fishing logbook data, transhipment declarations and landing declarations, shall complete and submit the fishing logbook data, transhipment declarations and landing declarations referred to in Articles 14, 21 and 23 of the Control Regulation in paper format. These transhipment declarations and landing declarations may also be completed and submitted by the representative of the master on his behalf.

2.   The requirement to complete and submit the fishing logbook data, transhipment declarations and landing declarations in paper format shall also apply to EU fishing vessels whose length overall is less than 10 metres when they are required by their flag Member State to keep a fishing logbook and submit transhipment and/or landing declarations in accordance with Articles 16(3) and 25(3) of the Control Regulation.

Article 30

Models for fishing logbooks, transhipment declarations and landing declarations in paper format

1.   For all fishing areas, except NAFO sub area 1 and ICES divisions V(a) and XIV, the fishing logbook, transhipment declaration and landing declaration in paper format shall be completed and submitted by masters of EU fishing vessels in accordance with the model shown in Annex VI. However, the model shown in Annex VII may be used for fisheries operations carried out exclusively in the Mediterranean by masters of EU fishing vessels which are not subject to the obligation to transmit fishing logbook, transhipment declaration and landing declaration data electronically, and which make daily fishing trips in a single fishing zone.

2.   For NAFO sub area 1 and ICES divisions V(a) and XIV, the format shown in Annex VIII shall be used for the paper fishing logbook and the format shown in Annex IX for paper transhipment declarations and landing declarations.

3.   The fishing logbook, transhipment declaration and landing declaration in paper format shown in Annexes VI and VII shall also be kept in accordance with paragraph 1 and Article 31 of this Regulation when such EU fishing vessels are carrying out fishing activities in the waters of a third country, in waters regulated by a Regional Fisheries Management Organisation or in waters outside EU waters not regulated by a Regional Fisheries Management Organisation, unless the third country or the rules of the Regional Fisheries Management Organisation concerned specifically require a different kind of fishing logbook, transhipment declaration or landing declaration to be completed and submitted. If the third country does not specify a particular fishing logbook, but does require data elements different from those required by the European Union, such data elements shall be recorded.

4.   Member States may continue to use paper fishing logbook formats in conformity with Regulation (EEC) No 2807/83 for EU fishing vessels not subject to the electronic completion and transmission of fishing logbook data in accordance with Article 15 of the Control Regulation until stocks of paper fishing logbook formats have been used up.

Article 31

Instructions for the completion and submission of fishing logbooks, transhipment declarations and landing declarations in paper format

1.   The fishing logbook, transhipment declaration and landing declaration in paper format shall be completed and submitted in accordance with the instructions set out in Annex X.

2.   Where the instructions set out in Annex X state that the application of a rule is optional, the flag Member State may make it mandatory.

3.   All entries in the fishing logbook, transhipment declaration or landing declaration shall be legible and indelible. No entry shall be erased or altered. If a mistake is made the incorrect entry shall be crossed out with a single line and the new correct entry shall be written and initialled by the master. Each line shall be initialled by the master.

4.   The master of the EU fishing vessel or, for transhipment declarations and landing declarations, his representative shall certify with his initials or signature that the entries in the fishing logbook, transhipment declaration and landing declaration are correct.

Article 32

Deadlines for the submission of a fishing logbook, transhipment declaration and a landing declaration in paper format

1.   When a EU fishing vessel has made a landing in a port or a transhipment in a port or in a place close to the shore of its flag Member State, its master shall submit the original(s) of the fishing logbook, transhipment declaration and landing declaration as soon as possible and not later than 48 hours after completion of transhipment or landing to the competent authorities of the Member State concerned. The original(s) of such a transhipment declaration and landing declaration may also be submitted by the representative of the master on his behalf.

2.   When no catches are landed after a fishing trip, the master shall submit the original(s) of the fishing logbook and transhipment declaration as soon as possible and not later than 48 hours after arrival in port. The original(s) of such a transhipment declaration may also be submitted by the representative of the master on his behalf.

3.   When a EU fishing vessel has made a transhipment in a port or in a place close to the shore or a landing in a port of a Member State other than its flag Member State, it shall submit the first copy (copies) of the fishing logbook, transhipment declaration and landing declaration as soon as possible and not later than 48 hours after transhipment or landing to the competent authorities of the Member State in which the transhipment or landing takes place. The original(s) of the fishing logbook, transhipment declaration and landing declaration shall be dispatched as soon as possible and not later than 48 hours after transhipment or landing to the competent authorities of the flag Member State.

4.   When a EU fishing vessel has made a transhipment in a port or in the waters of a third country or on the high seas or a landing in a port of a third country, it shall dispatch the original(s) of the fishing logbook, transhipment declaration and landing declaration as soon as possible and not later than 48 hours after the transhipment or landing to the competent authorities of the flag Member State.

5.   When a third country or the rules of a Regional Fisheries Management Organisation require a different kind of fishing logbook, transhipment declaration or landing declaration from the one in Annex VI the master of the EU fishing vessel shall submit a copy of that document to his competent authorities as soon as possible and not later than 48 hours after transhipment or landing.

Section 2

Specific rules for the fishing logbook in paper format

Article 33

Completion of fishing logbook in paper format

1.   The paper fishing logbook shall be completed with all obligatory information even when there are no catches:

(a)

daily by not later than 24.00 and before entering the port;

(b)

at the time of any inspection at sea;

(c)

at the time of events defined in the Community legislation or by the flag Member State.

2.   A new line in the paper fishing logbook shall be filled in:

(a)

for each day at sea;

(b)

when fishing in a new ICES Division or another fishing zone the same day;

(c)

when entering fishing effort data.

3.   A new page in the paper fishing logbook shall be filled in:

(a)

when using different gear, or a net of a different mesh size range, to that of the previous gear used;

(b)

for any fishing done after a transhipment or an intermediate landing;

(c)

if the number of columns is insufficient;

(d)

on departure from a port when no landing has taken place.

4.   On departure from a port, or following completion of a transhipment operation, and when catches remain on board, the quantities of each species shall be indicated on a new fishing logbook page.

5.   The codes given in Annex XI shall apply to indicate, under the appropriate headings of the paper format fishing logbook, the fishing gear used.

Section 3

Specific rules for the transhipment declaration and landing declaration in paper format

Article 34

Handing over of a transhipment declaration in paper format

1.   In the case of a transhipment operation between two EU fishing vessels on completion of a transhipment operation the master of the transhipping fishing vessel or his representative shall hand over a copy of his vessel’s paper transhipment declaration to the master of the receiving vessel or his representative. The master of the receiving vessel or his representative on completion of transhipment operation shall also hand over a copy of his vessel’s paper transhipment declaration to the master of the transhipping vessel or his representative.

2.   The copies referred to in paragraph 1 shall be presented for the purposes of control and inspection at the request of an official.

Article 35

Signing of the landing declaration

Each page of the landing declaration shall be signed prior to submission by the master or his representative.

CHAPTER II

Fishing logbook, landing declaration and transhipment declaration in electronic format

Section 1

Completion and transmission of a fishing logbook, landing declaration and transhipment declaration data in electronic format

Article 36

Requirement of electronic recording and reporting system on EU fishing vessels

1.   Without prejudice to Article 39(4) of this Regulation an EU fishing vessel subject to electronic completion and transmission of fishing logbook, transhipment declaration and landing declaration in accordance with Articles 15, 21 and 24 of the Control Regulation shall not be allowed to leave port without a fully operational electronic recording and reporting system installed on board.

2.   This Chapter shall not apply to EU fishing vessels used exclusively for the exploitation of aquaculture.

Article 37

Format for transmission of data from an EU fishing vessel to the competent authority of its flag State

Member States shall determine the format to be used between EU fishing vessels flying their flags and their competent authorities for the completion and transmission of fishing logbook, transhipment declaration and landing declaration data as referred to in Articles 15, 21 and 24 of the Control Regulation.

Article 38

Return messages

1.   Return messages shall be issued to the EU fishing vessels for each transmission of fishing logbook, transhipment, prior notification and landing data. The return message shall contain an acknowledgement of receipt.

2.   The master of an EU fishing vessel shall retain the return message until the end of the fishing trip.

Article 39

Provisions in the event of technical failure or non-functioning of electronic recording and reporting systems

1.   In the event of a technical failure or non-functioning of the electronic recording and reporting system fitted on board a EU fishing vessel, the master of the fishing vessel or his representative shall, starting from the time that the event was detected or from the time that he was informed in accordance with Article 40(1) of this Regulation, communicate fishing logbook, transhipment declaration and landing declaration data to the competent authorities of the flag Member State by appropriate telecommunications means on a daily basis and no later than 24.00 even when there are no catches. Member States shall decide on the telecommunication means to be used and indicate them on the website referred to in Article 115 of the Control Regulation.

2.   In the event of a technical failure or non-functioning of the electronic recording and reporting system fishing logbook and transhipment declaration data shall also be sent:

(a)

at the request of the competent authority of the flag State;

(b)

immediately after the last fishing operation or after the transhipment has been completed;

(c)

before entering into port;

(d)

at the time of any inspection at sea;

(e)

at the time of events defined in Community legislation or by the flag State.

Prior notification and landing declaration data shall also be sent in the cases referred to in (a) and (e).

3.   The competent authorities of the flag Member State shall enter the data referred to in paragraph 1 into the electronic data base without delay on their receipt.

4.   Following a technical failure or non-functioning of its electronic recording and reporting system, a EU fishing vessel may only leave port once the recording and reporting system fitted on board is fully functioning to the satisfaction of the competent authorities of the flag Member State or is otherwise authorised to leave by the competent authorities of the flag Member State. The flag Member State shall immediately notify the coastal Member State when it has authorised one of its fishing vessels to leave a port in the coastal Member State with a non-functioning electronic recording and reporting system.

5.   The removal of the electronic recording and reporting system for repair or replacement shall be subject to the approval of the competent authorities of the flag Member State.

Article 40

Non-receipt of data

1.   When the competent authorities of a flag Member State have not received data transmissions in accordance with Articles 15, 22 and 24 of the Control Regulation they shall notify the master or the operator of the EU fishing vessel or their representative(s) thereof as soon as possible. If, in respect of a particular EU fishing vessel, that situation occurs more than three times within a period of calendar year, the flag Member State shall ensure that the electronic recording and reporting system of the fishing vessel is thoroughly checked. The flag Member State shall investigate the matter in order to establish why data have not been received and shall take appropriate measures.

2.   When the competent authorities of a flag Member State have not received data transmissions in accordance with Articles 15, 22 and 24 of the Control Regulation and the last position received through the Vessel Monitoring System was from within the waters of a coastal Member State they shall notify the competent authorities of that coastal Member State thereof as soon as possible.

3.   The master or the operator of the EU fishing vessel or their representative shall send all data which have not yet been transmitted and for which a notification was received in accordance with paragraph 1 to the competent authorities of the flag Member State immediately on receipt of the notification.

Article 41

Data access failure

1.   When the competent authorities of a coastal Member State observe an EU fishing vessel of another Member State in their waters and cannot access fishing logbook or transhipment data in accordance with Article 44 of this Regulation they shall request the competent authorities of the flag Member State to ensure access to those data.

2.   If the access referred to in paragraph 1 is not ensured within 4 hours of the request, the coastal Member State shall notify the flag Member State. On receipt of the notification the flag Member State shall immediately send the data to the coastal Member State by any available electronic means.

3.   If the coastal Member State does not receive the data referred to in paragraph 2, the master or operator of the EU fishing vessel or their representative shall send the data and a copy of the return message referred to in Article 38 of this Regulation to the competent authorities of the coastal Member State on request and by any available, if possible electronic, means. Member States shall decide on the means to be used and shall indicate them on the website referred to in Article 115 of the Control Regulation.

4.   If the master or the operator of the EU fishing vessel or their representative can not provide the competent authorities of the coastal Member State with a copy of the return message referred to in Article 38 of this Regulation, fishing activities in the waters of the coastal Member State by the fishing vessel concerned shall be prohibited until the master, the operator of the fishing vessel or his representative can provide a copy of the return message or information referred to in Article 14(1) of the Control Regulation to the said authorities.

Article 42

Data on the functioning of the electronic recording and reporting system

1.   Member States shall maintain databases on the functioning of their electronic recording and reporting system. Those databases shall contain at least and be capable to generate automatically the following information:

(a)

the list of their fishing vessels whose electronic recording and reporting systems have experienced technical failure or have failed to function;

(b)

the number of vessels that have not made daily electronic fishing logbook transmissions and the average number of electronic fishing logbook transmissions received per fishing vessel, broken down by flag Member State;

(c)

the number of transhipment declaration, landing declaration, takeover declaration and sales note transmissions received, broken down by flag Member State.

2.   Summaries of information generated according to paragraph 1 shall be sent to the Commission at its request. Alternatively this information may also be made available on the secure website in a format and at time intervals to be decided by the Commission after consultation with Member States.

Article 43

Format for exchange of information between Member States

1.   Information referred to in this Section shall be exchanged between Member States using the format defined in Annex XII from which extensible mark-up language (XML) shall be derived. The XML standard to be used for all electronic data exchanges between Member States, and between Member States, the Commission and the body designated by it, shall be decided by the Commission after consultation with Member States.

2.   Amendments to the format referred to in paragraph 1 shall be clearly identified and marked with the date it was updated. Such amendments shall not come into effect earlier than 6 months after they have been decided.

3.   When a Member State receives electronic information from another Member State it shall ensure that a return message is issued to the competent authorities of that Member State. The return message shall contain an acknowledgement of receipt.

4.   Data elements in Annex XII that are mandatory for masters to record in their fishing logbook according to EU rules shall also be mandatory in exchanges between Member States.

Article 44

Access to data

1.   A flag Member State shall ensure in real time the electronic exchange of information referred to in Article 111(1) of the Control Regulation to a coastal Member State on fishing logbook, transhipment declaration, prior notifications and landing declaration data of its fishing vessels when conducting fishing operations in the waters under the sovereignty or jurisdiction or entering a port of the coastal Member State.

2.   Without prejudice to paragraph 1 a flag Member State may on request ensure in real time the electronic exchange of information referred to in Article 111(1) of the Control Regulation on fishing logbook and transhipment declaration data of its fishing vessels to a Member State carrying out, in accordance with Article 80 of the Control Regulation, inspections of fishing vessels of another Member State in EU waters outside of the waters of the requesting Member State, in international waters or in waters of third countries.

3.   Data referred to in paragraphs 1 and 2 for the previous 12 months shall be made available by the flag Member State on request.

4.   The data referred to in paragraph 1 shall at least include the data from the last departure from port to the time when the landing is completed. The data referred to in paragraph 2 shall at least include the data from the last departure from port to the time of the request. Data as referred to in paragraphs 1 and 2 from fishing trips for the previous 12 months shall be made available on request.

5.   The master of an EU fishing vessel shall have secure access to his own electronic fishing logbook information, transhipment declaration data and landing declaration data stored in the database of the flag Member State at any time.

6.   A coastal Member State shall grant online access to its database of fishing logbook, transhipment declaration, prior notification and landing declaration data to a fishery patrol vessel of another Member State via the FMC of that Member State in the context of a joint deployment plan or other agreed joint inspection activities.

Article 45

Exchange of data between Member States

1.   Access to the data referred to in Article 44 of this Regulation shall be by secure Internet connection on a permanent basis.

2.   Member States shall exchange the relevant technical information to ensure mutual access to and exchange of electronic fishing logbook data, transhipment declaration data and landing declaration data.

3.   Member States shall:

(a)

ensure that data received according to this Chapter are recorded in computer-readable form and safely stored in computerised databases for at least 3 years;

(b)

take all necessary measures to ensure that they are only used for official purposes; and

(c)

take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation.

Article 46

Single authority

1.   In each Member State, the single authority referred to in Article 5(5) of the Control Regulation shall be responsible for transmitting, receiving, managing and processing all data covered by this Chapter.

2.   Member States shall exchange contact details of the authorities referred to in paragraph 1 and shall inform the Commission and the body designated by it thereof within 3 months after the entry into force of this Regulation.

3.   Any changes in the information referred to in paragraphs 1 and 2 shall be communicated to the Commission, the body designated by it and other Member States before they become effective.

Section 2

Specific rules for the fishing logbook in electronic format

Article 47

Frequency of transmission

1.   When at sea the master of an EU fishing vessel shall transmit the electronic fishing logbook information to the competent authorities of the flag Member State at least once a day and no later than 24.00 even when there are no catches. He shall also send such data:

(a)

at the request of the competent authority of the flag Member State;

(b)

immediately after the last fishing operation has been completed;

(c)

before entering into port;

(d)

at the time of any inspection at sea;

(e)

at the time of events defined in EU legislation or by the flag State.

When the last fishing operation took place not more than 1 hour before the entry into port the transmissions referred to in (b) and (c) may be sent in a single message.

2.   The master may transmit corrections to the electronic fishing logbook and transhipment declaration data up to the last transmission referred to in paragraph 1(c). Corrections shall be easily identifiable. All original electronic fishing logbook data and corrections to those data shall be stored by the competent authorities of the flag Member State.

3.   The master shall keep a copy of the information referred to in paragraph 1 on board the fishing vessel for the duration of each absence from port and until the landing declaration has been submitted.

4.   When a EU fishing vessel is in port, does not carry fishery products on board and the master has submitted the landing declaration for all fishing operations on the last fishing trip, transmission in accordance with paragraph 1 of this Article may be suspended subject to prior notification to the FMC of the flag Member State. Transmission shall be resumed when the EU fishing vessel leaves the port. Prior notification is not required for EU fishing vessels equipped with and transmitting data via VMS.

CHAPTER III

Common rules for fishing logbooks, transhipment declarations and landing declarations in paper or electronic format

Section 1

Common rules for the determination of live weight

Article 48

Definitions

For the purpose of this Chapter the following definitions shall apply:

(1)

‘presentation’ means the form into which the fish is processed while on board of the fishing vessel and prior to landing, as described in Annex I;

(2)

‘collective presentation’ means a presentation consisting of two or more parts extracted from the same fish.

Article 49

Conversion factors

1.   For the completion and submission of fishing logbooks as referred to in Articles 14 and 15 of the Control Regulation the EU conversion factors set out in Annexes XIII, XIV and XV shall apply to convert stored or processed fish weight into live fish weight. They shall apply to fisheries products on board or transhipped or landed by EU fishing vessels.

2.   By way of derogation from paragraph 1, where Regional Fisheries Management Organisations, of which the European Union is a contracting party or cooperating non-contracting party, for its regulatory area or a third country with whom the European Union has an agreement to fish, for the waters under its sovereignty or jurisdiction, have established conversion factors, those factors shall apply.

3.   Where no conversion factors as referred to in paragraphs 1 and 2 exist for a given species and presentation, the conversion factor adopted by the flag Member State shall apply.

4.   Without prejudice to paragraph 2 the competent authorities of Member States shall use the EU conversion factors referred to in paragraph 1 when calculating the live weight of transhipments and landings in order to monitor the quota uptake.

Article 50

Calculation method

1.   The fish live weight shall be obtained by multiplying the fish processed weight by the conversion factors referred to in Article 49 of this Regulation for each species and presentation.

2.   In case of collective presentations, only one conversion factor corresponding to one of the parts of the collective presentation of a fish shall be used.

Section 2

Common rules for the completion and submission of the Fishing logbook

Article 51

General rules for fishing logbooks

1.   The margin of tolerance referred to in Article 14(3) of the Control Regulation for the estimation of quantities in kilograms live weight of each species retained on board shall be expressed as a percentage of the fishing logbook figures.

2.   For catches which are to be landed unsorted the margin of tolerance may be calculated on the basis of one or more representative samples for the total quantities kept on board.

3.   For the purpose of the application of Article 14 of the Control Regulation species caught for live bait shall be considered as a species caught and kept on board.

4.   The master of a EU fishing vessel crossing an effort zone where it is authorised to fish shall record and report the information referred to in Article 14(5) of the Control Regulation as applicable even if he does not carry out any fishing activities in that zone.

Section 3

Common rules for the completion and submission of transhipment/landing declarations

Article 52

Margin of tolerance in the transhipment declaration

The margin of tolerance referred to in Article 21(3) of the Control Regulation for the estimation of quantities in kilograms live weight of each species transhipped or received shall be expressed as a percentage of the transhipment declaration figures.

Article 53

Difference in transhipped catches

When a difference exists between the quantities of catches transhipped from the transhipping vessel and the quantities taken on board by the receiving vessel the higher quantity shall be considered to have been transhipped. Member States shall ensure that follow up action is taken to determine the actual weight of fishery products transhipped between the transhipping and the receiving vessel.

Article 54

Completion of landing operation

When, in accordance with Article 61 of the Control Regulation, the fisheries products are transported from the place of landing before they have been weighed, the landing operation shall be regarded to have been completed for the purpose of the application of Articles 23(3) and 24(1) of the Control Regulation when the fisheries products have been weighed.

Article 55

Fishing Operations involving two or more EU fishing vessels

Without prejudice to special rules in the case of fishing operations involving two or more EU fishing vessels:

from different Member States, or

from the same Member State but where the catches are landed in a Member States of which they do not fly the flag,

the landed catch shall be attributed to the EU fishing vessel landing the fisheries products.

CHAPTER IV

Sampling plans and collection of data on EU fishing vessels not subject to fishing logbook and landing declaration requirements

Article 56

Establishment of sampling plans

The sampling plans referred to in Articles 16(2) and 25(2) of the Control Regulation for the monitoring of EU fishing vessels not subject to fishing logbook and landing declaration requirements shall be established by Member States in accordance with this Chapter to determine the landings of a stock or group of stocks taken by such fishing vessels and, where appropriate, their fishing effort. These data shall be used for the recording of catches and, where appropriate, fishing effort as referred to in Article 33 of the Control Regulation.

Article 57

Sampling methodology

1.   The sampling plans referred to in Article 56 of this Regulation shall be drawn up in accordance with Annex XVI.

2.   The size of the sample to be inspected shall be determined on the basis of risk as follows:

(a)

‘very low’ risk: 3 % of the sample;

(b)

‘low’ risk: 5 % of the sample;

(c)

‘medium’ risk: 10 % of the sample;

(d)

‘high’ risk: 15 % of the sample;

(e)

‘very high’ risk: 20 % of the sample.

3.   Catches per day of a fleet sector for a given stock shall be estimated by multiplying the total number of active EU fishing vessels of the fleet sector concerned with the average daily catch per given stock per EU fishing vessel based on the catches of the sample of the EU fishing vessels inspected.

4.   Member States that collect systematically on at least a monthly basis for each of their fishing vessels not subject to fishing logbook and landing requirements data:

(a)

on all landings of catches of all species in kilogram, including zero landings;

(b)

on the statistical rectangles where these catches where taken, shall be considered to have met the requirement of a sampling plan as referred to in Article 56 of this Regulation.

CHAPTER V

Control of fishing effort

Article 58

Fishing effort report

1.   The fishing effort report referred to in Article 28 of the Control Regulation shall be sent in accordance with Annex XVII.

2.   Where the master of an EU fishing vessel transmits a message to the competent authorities by radio in accordance with Article 28(1) of the Control Regulation, Member States shall decide on the radio stations to be used and indicate them on the website referred to in Article 115 of the Control Regulation.

CHAPTER VI

Corrective measures

Article 59

General principles

In order to benefit from the corrective measures referred to in Article 37 of the Control Regulation, Member States shall notify the Commission as soon as possible and in any case within 1 month of the date of the publication in the Official Journal of a closure of a fishery in accordance with Article 36 of the Control Regulation of the extent of the prejudice suffered.

Article 60

Allocation of available fishing opportunities

1.   When the prejudice has not been removed wholly or in part by action in accordance with Article 20(5) of Regulation (EC) No 2371/2002, the Commission shall, as soon as possible after receiving the information referred to in Article 59 of this Regulation, take the necessary measures with the aim of remedying the prejudice caused.

2.   The measure referred to in paragraph 1 shall state:

(a)

which Member States have suffered prejudice (the prejudiced Member States) and the amount of the prejudice (as reduced by any quota exchanges);

(b)

where applicable, which Member States have exceeded their fishing opportunities (the exceeding Member States) and the amount of the excess of fishing opportunities (as reduced by any exchanges in accordance with Article 20(5) of Regulation (EC) No 2371/2002);

(c)

where applicable, the deductions to be made from the fishing opportunities of the exceeding Member States in proportion to the exceeded fishing opportunities;

(d)

where applicable, the additions to be made to the fishing opportunities of the prejudiced Member States in proportion to the prejudice suffered;

(e)

where applicable the date or dates on which the additions and deductions shall take effect;

(f)

where appropriate, any other necessary measure for remedying the prejudice suffered.

CHAPTER VII

Engine power

Article 61

Certification of propulsion engine power

1.   The certification of the maximum continuous engine power of a new propulsion engine, a replacement propulsion engine and a propulsion engine that has been technically modified, as referred to in Article 40(1) and (2) of the Control Regulation, shall be provided in accordance with Council Regulation (EEC) No 2930/86 (26).

2.   A propulsion engine shall be considered to have been technically modified as referred to in paragraph 1 when any of its main components (parts), including but not limited to, injection equipment, valves, turbocharger, pistons, cylinder liners, connecting rods, cylinder heads, have been modified or replaced by new parts with different technical specifications resulting in a modified power rating or when the engine adjustments, such as the injection settings, turbocharger configuration, or the valve timings have been modified. The nature of the technical modification shall be clearly explained in the certification referred to in paragraph 1.

3.   The holder of a fishing licence shall inform the competent authorities before a new propulsion engine will be installed or before an existing propulsion engine will be replaced or technically modified.

4.   This Article shall apply to fishing vessels subject to a fishing effort regime as from 1 January 2012. For other fishing vessels it shall apply as from 1 January 2013. It shall only apply to fishing vessels which have had new propulsion engines installed, or whose existing propulsion engines have been replaced or technically modified, after the entry into force of this Regulation.

Article 62

Verification and sampling plan

1.   For the purpose of verifying the engine power in accordance with Article 41 of the Control Regulation, Member States shall establish a sampling plan for the identification of those fishing vessels or groups of fishing vessels in their fleet with a risk of under-declaration of propulsion engine power. As a minimum, the sampling plan shall be based on following high risk criteria:

(a)

fishing vessels operating in fisheries that are subject to fishing effort regimes, in particular those fishing vessels to which an individual effort allocation in kWdays has been allocated;

(b)

fishing vessels subject to limitations of vessel power resulting from national or European Union law;

(c)

fishing vessels for which the ratio of vessel power (kW) to vessel tonnage (GT) is 50 % lower than the average ratio for the same type of fishing vessel, gear type and target species. For the purpose of that analysis, Member States may divide the fleet according to one or several of the following criteria:

(i)

fleet segmentation or management units defined in national law;

(ii)

length categories;

(iii)

tonnage categories;

(iv)

gears used;

(v)

target species.

2.   Member States may consider additional risk criteria following their own assessment.

3.   Member States shall draw a list of their fishing vessels which meet one or more of the risk criteria referred to in paragraph 1 and, where appropriate, the risk criteria referred to in paragraph 2.

4.   From each group of fishing vessels corresponding to one of the risk criteria referred to in paragraphs 1 and 2, Member States shall take a random sample of fishing vessels. The size of the sample shall be equal to the square root rounded to the nearest whole number of fishing vessels in the group concerned.

5.   For each fishing vessel included in the random sample, Member States shall verify all technical documents as referred to in Article 41(1) of the Control Regulation in their possession. Among the other documents as referred to under letter (g) of Article 41(1) of the Control Regulation, Member States shall pay special attention to the engine maker catalogue specifications, where available.

6.   This Article shall apply as from 1 January 2012. Physical verifications as referred to in Article 41(2) of the Control Regulation shall prioritise trawlers operating in a fishery subject to a fishing effort regime.

Article 63

Physical verification

1.   When propulsion power measurements are performed on board a fishing vessel in the framework of a physical verification of propulsion engine power as referred to in Article 41(2) of the Control Regulation, the propulsion engine power may be measured at the most accessible point between the propeller and the engine.

2.   If the power of the propulsion engine is measured after the reduction gear, an appropriate correction shall be applied to the measurement in order to calculate the propulsion engine power at the engine output flange according to the definition in Article 5(1) of Regulation (EEC) No 2930/86. That correction shall take into account the power losses resulting from the gearbox on the basis of the official technical data provided by the gearbox manufacturer.

CHAPTER VIII

Control of recreational fisheries

Article 64

Establishment of sampling plans

1.   Without prejudice to the use of data as referred to in paragraph 5, sampling plans to be established by Member States in accordance with Article 55(3) of the Control Regulation for the purpose of monitoring catches of stocks subject to recovery plans practised from vessels engaged in recreational fisheries shall provide for the collection of biennial data.

2.   The methods used in the sampling plans shall be established clearly and shall be, as far as possible:

(a)

stable over time;

(b)

standardised within regions;

(c)

in accordance with the quality standards established by relevant international scientific bodies and, where appropriate, by the relevant Regional Fisheries Management Organisations to which the European Union is contracting party or observer.

3.   The sampling plan shall include a sampling design for the estimation of catches of stocks subject to recovery plans, the gear used and the relevant geographical area of the recovery plan concerned where these catches where taken;

4.   Member States shall estimate systematically the accuracy and precision of the collected data.

5.   For the purpose of the sampling plans referred to in paragraph 1 Member States may use the data collected according to the multiannual Community programme as laid down in Council Regulation (EC) No 199/2008 (27) to the extent that such data are available.

6.   This provision shall not apply when a Member State has prohibited recreational fisheries of stocks subject to a recovery plan.

Article 65

Notification and evaluation of sampling plans

1.   Member States shall notify their sampling plans to the Commission 12 months after the entry into force of a recovery plan. For recovery plans which are already in force at the time of entry into force of this Regulation, the sampling plan shall be notified within 12 months after entry into force of this Regulation. Amendments of the sampling plan shall be notified before they become effective.

2.   In addition to the evaluation requested in Article 55(4) of the Control Regulation, the Scientific, Technical and Economic Committee for Fisheries shall also evaluate:

(a)

after the notification referred to in paragraph 1 and every 5 years thereafter the conformity of the notified sampling plans with the criteria and requirements mentioned in Article 64(2) and (3) of this Regulation;

(b)

the conformity of any amendments to a sampling plan referred to in paragraph 1 with the criteria and requirements mentioned in Article 64(2) and (3) of this Regulation.

3.   The Scientific, Technical and Economic Committee for Fisheries shall make recommendations, where appropriate, for improving the sampling plan.

TITLE IV

CONTROL OF MARKETING

CHAPTER I

Traceability

Article 66

Definition

For the purpose of this Chapter, the following definition shall apply:

‘Fisheries and aquaculture products’ mean any products which fall under Chapter 03 and Tariff headings 1604 and 1605 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (28).

Article 67

Information on lots

1.   Operators shall provide the information on fisheries and aquaculture products referred to in Article 58(5) of the Control Regulation at the moment when the fisheries and aquaculture products are put into lots and no later than the first sale.

2.   In addition to paragraph 1, operators shall update the relevant information referred to in Article 58(5) of the Control Regulation which ensues from the merging or splitting of the lots of fisheries and aquaculture products after first sale, at the stage when it becomes available.

3.   In case where, as a result of the merging or splitting of the lots after first sale, fisheries and aquaculture products from several fishing vessels or aquaculture production units are mixed, operators shall be able to identify each lot of origin at least by means of their identification number referred to in Article 58(5)(a) of the Control Regulation and make possible to trace them back to catching or harvesting stage, in accordance with Article 58(3) of the Control Regulation.

4.   Systems and procedures referred to in Article 58(4) of the Control Regulation shall allow operators to identify the immediate supplier(s) and, except when they are final consumers, the immediate buyer(s) of the fisheries and aquaculture products.

5.   The information on fisheries and aquaculture products referred to in Article 58(5) of the Control Regulation shall be provided by means of the labelling or packaging of the lot, or by means of a commercial document physically accompanying the lot. It may be affixed to the lot by way of an identification tool such as a code, barcode, electronic chip or a similar device or marking system. The information on the lot shall remain available at all stages of production, processing and distribution in such a way that the competent authorities of Member States have access to it at any time.

6.   Operators shall affix the information on fisheries and aquaculture products referred to in Article 58(5) of the Control Regulation by way of an identification tool such as a code, barcode, electronic chip or a similar device or marking system:

(a)

as from 1 January 2013, to fisheries subject to a multiannual plan;

(b)

as from 1 January 2015, to other fisheries and aquaculture products.

7.   Where the information referred to in Article 58(5) of the Control Regulation is provided by means of a commercial document physically accompanying the lot, at least the identification number shall be affixed to the corresponding lot.

8.   Member States shall cooperate with each other to ensure that the information affixed to the lot and/or accompanying physically the lot can be accessed by the competent authorities of another Member State than the one where the fisheries or aquaculture products have been put into the lot, in particular when the information is affixed to the lot by way of an identification tool such as a code, barcode, an electronic chip or a similar device. Operators using such tools shall ensure that they are developed on the basis of internationally recognised standards and specifications.

9.   The information on the date of catches referred to in Article 58(5) point (d) of the Control Regulation may include several calendar days or one period of time corresponding to several dates of catches.

10.   The information on the suppliers referred to in Article 58(5) point (f) of the Control Regulation shall be the immediate supplier(s) of the operator referred in paragraph 4 of this Article. This information may be provided, where applicable, by way of the identification mark referred to in Annex II, Section I, of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (29).

11.   The information listed in points (a) to (f) of Article 58(5) of the Control Regulation shall not apply to:

(a)

imported fisheries and aquaculture products which are excluded from the scope of implementation of the catch certificate in accordance with Article 12(5) of Council Regulation (EC) No 1005/2008 (30);

(b)

fisheries and aquaculture products caught or farmed in freshwater; and

(c)

ornamental fish, crustaceans and molluscs.

12.   The information listed in points (a) to (h) of Article 58(5) of the Control Regulation shall not apply to fisheries and aquaculture products falling under Tariff headings 1604 and 1605 of the Combined Nomenclature.

13.   For the purposes of Article 58 of the Control Regulation, the information on the relevant geographical area shall be:

(a)

the relevant geographical area, as defined in Article 4(30) of the Control Regulation, for catches of stocks or group of stocks subject to a quota and/or a minimum size in EU legislation; or

(b)

the catch area in accordance with Article 5 of Commission Regulation (EC) No 2065/2001 (31), for other stocks or group of stocks.

14.   The value of small quantities of fisheries and aquaculture products referred to in Article 58(8) of the Control Regulation shall be applicable to direct sales by a fishing vessel, per calendar day and per final consumer.

Article 68

Information to the consumer

1.   Member States shall ensure that the information referred to in Article 58(6) of the Control Regulation concerning the commercial designation, the scientific name of the species, the catch area referred to in Article 5 of Regulation (EC) No 2065/2001 and the production method is indicated on the label or appropriate mark of the fisheries and aquaculture products offered for retail sale, including imported products.

2.   By derogation from paragraph 1, the scientific name of the species may be provided to the consumers at retail level by means of commercial information such as bill boards or posters.

3.   Where a fisheries or aquaculture product has been previously frozen, the word ‘defrosted’ shall also be indicated on the label or appropriate mark referred to in paragraph 1. The absence of this wording at retail level shall be considered as meaning that the fisheries and aquaculture products have not been frozen beforehand and later defrosted.

4.   By derogation from paragraph 3, the word ‘defrosted’ shall not have to appear on:

(a)

fisheries and aquaculture products previously frozen for health safety purposes, in accordance with Annex III, Section VIII, of Regulation (EC) No 853/2004; and

(b)

fisheries and aquaculture products which have been defrosted before the process of smoking, salting, cooking, pickling, drying or a combination of those processes.

5.   This Article shall not apply to fisheries and aquaculture products falling under Tariff headings 1604 and 1605 of the Combined Nomenclature.

6.   Fisheries and aquaculture products and packages labelled or marked prior to the date of entry into force of this Article which do not comply with Article 58(5) point (g) on the scientific name and point (h) of the Control Regulation and with paragraphs (1), (2) and (3) of this Article may be marketed until such stocks have been used up.

CHAPTER II

Weighing of fisheries products

Section 1

General rules on weighing

Article 69

Scope

Without prejudice to Articles 78 - 89 of this Regulation the provisions contained in this chapter shall apply to landings from EU fishing vessels taking place in a Member State and transhipments involving EU fishing vessels taking place in ports or places close to the shore of a Member State as well as to the weighing of fisheries products on board EU fishing vessels in EU waters.

Article 70

Weighing records

1.   Registered buyers, registered auctions or other bodies or persons that are responsible for the first marketing or storage before first marketing of fisheries products, or where appropriate the master of the EU fishing vessel, shall record weighing carried out in accordance Articles 60 and 61 of the Control Regulation by indicating the following information:

(a)

the FAO alpha-3 codes of the species weighed;

(b)

result of weighing for each quantity of each species in kilograms product weight;

(c)

the external identification number and the name of the fishing vessel from which the weighed quantity originates;

(d)

presentation of the fisheries products weighed;

(e)

date of weighing (YYYY-MM-DD).

2.   Registered buyers, registered auctions or other bodies or persons that are responsible for the first marketing, or storage before first marketing of fisheries products or where appropriate the master of an EU fishing vessel, shall keep the records referred to in paragraph 1 for a period of 3 years.

Article 71

Timing of weighing

1.   Where fisheries products are transhipped between EU fishing vessels and the first landing of the transhipped fisheries products is to take place in a port outside of the European Union, the fisheries products shall be weighed before being transported away from the port or place of transhipment.

2.   When the fisheries products are weighed on board an EU fishing vessel in accordance with Article 60(3) of the Control Regulation and they are weighed again on land after landing the figure resulting from the weighing on land shall be used for the purpose of Article 60(5) of the Control Regulation.

3.   Without prejudice to special provisions for EU fishing vessels not subject to the electronic completion and transmission of fishing logbook data as referred to in Article 15 of the Control Regulation the Member State may require the master to hand over a copy of the log sheet to the competent authorities of the Member State of landing prior to weighing.

Article 72

Weighing systems

1.   All weighing systems shall be calibrated and sealed in accordance with national systems by the competent authorities of the Member State.

2.   The natural or legal person responsible for the weighing system shall maintain a record of calibration.

3.   Where the weighing is carried out on a conveyor belt system a visible counter shall be fitted that records the cumulative total of the weight. The reading of the counter at the start of the weighing operation as well as the cumulative total shall be recorded. All use of the system shall be recorded by the natural or legal person responsible for the weighing in the weighing logbook.

Article 73

Weighing of frozen fisheries products

1.   Without prejudice to special provisions and in particular Articles 70 and 74 of this Regulation when landed quantities of frozen fisheries products are weighed, the weight of frozen fisheries products landed in boxes or blocks may be determined per species and, where appropriate, presentation by multiplying the total number of boxes or blocks by a net average weight for a box or block calculated according to the methodology set down in Annex XVIII.

2.   The natural or legal persons weighing the fisheries products shall keep a record per landing, indicating:

(a)

the name and external registration letters and numbers of the vessel from which the fishery products have been landed;

(b)

the species and, where appropriate, presentation of fish landed;

(c)

the size of the lot and sample of pallets per species and, where appropriate, presentation in accordance with the provisions of point 1 of Annex XVIII;

(d)

the weight of each pallet in the sample and the average weight of the pallets;

(e)

the number of boxes or blocks on each pallet in the sample;

(f)

the tare weight per box, if different from the tare weight specified in point 4 of Annex XVIII;

(g)

the average weight of an empty pallet in accordance with the provisions of point 3(b) of Annex XVIII;

(h)

the average weight per box or block of fisheries per species and, where appropriate, presentation.

Article 74

Ice and water

1.   Before weighing the registered buyer, registered auction or other bodies or persons responsible for the first marketing of fisheries products shall ensure that the fisheries products be cleaned of ice as is reasonable without causing spoilage and reducing quality.

2.   Without prejudice to special rules for pelagic species referred to in Articles 78 – 89 of this Regulation which are landed in bulk for transfer to the point of first marketing, storage or processing, the deduction of water and ice from the total weight shall not exceed 2%. In all cases the percentage for deduction of water and ice shall be recorded on the weighing slip with the entry for weight. For non-pelagic species there shall be no deduction of water or ice.

Article 75

Access by competent authorities

The competent authorities shall have full access at all times to the weighing systems, the weighing records, written declarations and all premises where the fisheries products are stored or processed.

Article 76

Sampling plans

1.   The sampling plan referred to in Article 60(1) of the Control Regulation and any substantial modification thereof shall be adopted by Member States in accordance with the risk-based methodology described in Annex XIX.

2.   The sampling plan referred to in Article 60(3) of the Control Regulation and any substantial modification thereof shall be adopted by Member States in accordance with the risk-based methodology described in Annex XX. If catches are weighed on board, the margin of tolerance as referred to in Articles 14(3) and 21(3) of the Control Regulation shall not apply when the figure resulting from weighing after landing is greater than the corresponding figure resulting from weighing on board.

3.   When Member States are intending to adopt sampling plans as referred to in Article 60(1) and (3) of the Control Regulation, they shall preferably submit a single sampling plan covering all weighing procedures concerned for a period of 3 years within 6 months after the entry into force of this Regulation. This sampling plan may consist of different parts for different fisheries.

4.   Any new sampling plans to be adopted after the date referred to in paragraph 3 or any modifications to such plans shall be submitted for approval 3 months before the end of the year concerned.

Article 77

Control plans and programmes for the weighing of fisheries products after transport from the place of landing

1.   The control plan referred to in Article 61(1) of the Control Regulation and any substantial modification thereof shall be adopted by Member States in accordance with the risk-based methodology described in Annex XXI.

2.   When Member States are intending to adopt control plans referred to in Article 61(1) of the Control Regulation they shall submit a single control plan per Member State covering all transports of fisheries products to be weighed after transport. Such a control plan shall be submitted within 6 months after the entry into force of this Regulation. This single control plan may consist of different parts for different fisheries.

3.   The common control programme referred to in Article 61(2) of the Control Regulation and any substantial modification thereof shall be adopted by Member States in accordance with the risk-based methodology described in Annex XXII.

4.   When Member States are intending to adopt common control programmes referred to in Article 61(2) of the Control Regulation, they shall submit them within 6 months after the entry into force of this Regulation.

5.   Any new control plan as referred to in paragraph 2 or common control programmes as referred to in paragraph 4 to be adopted after the date referred to in paragraphs 2 and 4 or any modifications to such plans or programmes shall be submitted 3 months before the end of the year preceding the date of entry into force of that plan or programme.

Section 2

Special rules for weighing of certain pelagic species

Article 78

Scope of weighing procedures for catches of herring, mackerel and horse mackerel

The rules set out in this Section shall apply to the weighing of catches landed in the European Union or by EU fishing vessels in third countries, of herring (Clupea harengus), mackerel (Scomber scombrus) and horse mackerel (Trachurus spp.) or a combination thereof, taken in:

(a)

for herring in ICES zones: I, II, IIIa, IV, Vb, VI and VII;

(b)

for mackerel in ICES zones: IIa, IIIa, IV, Vb, VI, VII, VIII, IX, XII, XIV and EU waters of CECAF;

(c)

for horse mackerel: ICES zones IIa, IV, Vb, VI, VII, VIII, IX, X, XII, XIV and EU waters of CECAF,

when the quantities per landing exceed 10 tonnes.

Article 79

Ports of weighing catches of herring, mackerel and horse mackerel

1.   Catches of species referred to in Article 78 of this Regulation shall be weighed immediately on landing. However, catches of these species may be weighed after transport where:

for a destination within a Member State the Member State concerned has adopted a control plan as referred to in Article 61(1) of the Control Regulation in accordance with the risk-based methodology described in Annex XXI,

for a destination in another Member State the Member States concerned have adopted a common control programme as referred to in Article 61(2) of the Control Regulation in accordance with the risk-based methodology described in Annex XXII,

and where this control plan or common control programme has been approved by the Commission

2.   Each Member State concerned shall establish at which of its ports the weighing of species referred to in Article 78 of this Regulation shall be carried out and shall ensure that all landings of such species are carried out in those ports. Such ports shall have:

(a)

established landing and transhipment times;

(b)

established landing and transhipment places;

(c)

established inspection and surveillance procedures.

3.   The Member States concerned shall communicate to the Commission the list of such ports and the inspection and surveillance procedures applicable in those ports, including the terms and conditions for recording and transmitting the quantities of any such species within each landing.

4.   Any changes to the lists of ports and to the inspection and surveillance procedures referred to in paragraph 3 shall be transmitted to the Commission, at least 15 days before they enter into force.

5.   Member States shall ensure that all landings of species referred to in Article 78 of this Regulation by their vessels outside the European Union are carried out in ports expressly chosen for the purpose of weighing by third countries which have concluded agreements with the European Union concerning such species.

6.   The Commission shall transmit the information referred to in paragraphs 3 and 4 as well as the list of ports chosen by third countries to all Member States concerned.

7.   The Commission and the Member States concerned shall publish the list of ports and changes thereto on their official websites.

Article 80

Entry into a port of a Member State

1.   For the purpose of weighing, the master of a fishing vessel or his representative shall inform the competent authorities of the Member State in which the landing is to be made, at least 4 hours in advance of entry to port of landing concerned of the following:

(a)

the port he intends to enter, the name of the vessel and its external registration letters and numbers;

(b)

the estimated time of arrival at that port;

(c)

the quantities in kilograms live weight of herring, mackerel and horse mackerel retained on board;

(d)

relevance geographical area(s) where the catch was taken; the zone shall refer to the sub-area and division or sub-division in which catch limits apply pursuant to Union law.

2.   The master of an EU fishing vessel which is under the obligation to record fishing logbook data electronically shall send the information referred to in paragraph 1 electronically to his flag Member State. The Member States shall transmit this information without delay to the Member State where the landing is to be made. The electronic fishing logbook data referred to in Article 15 of the Control Regulation and the information referred to in paragraph 1 may be sent in a single electronic transmission.

3.   Member States may provide for a shorter notification period than laid down in paragraph 1. In such a case the Member States concerned shall inform the Commission 15 days before the entry into force of the shorter notification period. The Commission and the Member States concerned shall put this information on their websites.

Article 81

Discharge

The competent authorities of the Member State concerned shall require that the discharge of any catches referred to in Article 78 of this Regulation does not commence until it is expressly authorised. If the discharge is interrupted, permission shall be required before the discharge can recommence.

Article 82

Fishing logbook

1.   Immediately upon arrival in port and before the discharge commences, the master of a fishing vessel which is not under the obligation to record fishing logbook data electronically shall present the completed relevant page or pages of the fishing logbook for inspection by the competent authority of the Member State at the port of landing.

2.   The quantities of herring, mackerel and horse mackerel retained on board, notified prior to landing as referred to in Article 80(1)(c) of this Regulation, shall be equal to the quantities recorded in the fishing logbook after its completion.

Article 83

Publicly operated weighing facilities for fresh herring, mackerel and horse mackerel

Without prejudice to the provisions of Article 72 of this Regulation, where publicly operated weighing facilities are used, the natural or legal persons weighing catches referred to in Article 78 of this Regulation shall issue to the buyer a weighing slip indicating the date and time of the weighing and the identity number of the tanker. A copy of the weighing slip shall be attached to the sales note or takeover declaration.

Article 84

Privately operated weighing facilities for fresh fish

1.   In addition to the provisions of Article 72 of this Regulation, the use of privately operated weighing facilities shall also be subject to the requirements of this Article.

2.   The natural or legal persons weighing any catches referred to in Article 78 of this Regulation shall for each weighing system keep a bound, paginated record. This shall be completed immediately after the completion of weighing of an individual landing, and at the latest by 23.59 local time of the day of completion of weighing. This record shall indicate:

(a)

the name and external registration letters and numbers of the vessel from which any catches referred to in Article 78 of this Regulation have been landed;

(b)

the unique identity number of the tankers and its load in cases where any catches referred to in Article 78 of this Regulation have been transported from the port of landing before weighing in accordance with Article 79 of this Regulation. Each tanker load shall be weighed and recorded separately. However the total weight of all the tanker loads from the same vessel may be recorded as a whole in case these tanker loads are weighed consecutively and without interruption;

(c)

the species of fish;

(d)

the weight of each landing;

(e)

the date and time of the beginning and end of the weighing.

3.   Without prejudice to Article 72(3) of this Regulation, where the weighing is carried out on a conveyor belt system all use of the system shall be recorded in the bound, paginated record of weighing.

Article 85

Weighing of frozen fish

When landed quantities of frozen herring, mackerel and horse mackerel are weighed, the weight of frozen fish landed in boxes shall be determined per species in accordance with Article 73 of this Regulation.

Article 86

Keeping of weighing records

All records of weighing provided for in Article 84(3) and Article 85 of this Regulation and the copies of any transport documents as part of a control plan or a common control programme referred to in Article 79(1) of this Regulation shall be kept for 6 years.

Article 87

Sales note and takeover declaration

The natural or legal persons responsible for the submission of sales notes and takeover declarations shall submit such declarations in respect of species referred to in Article 78 of this Regulation to the competent authorities of the Member State concerned on demand.

Article 88

Cross-checks

Until the establishment of a computerised database in accordance with Article 109 of the Control Regulation the competent authorities shall carry out administrative cross-checks on all landings between the following:

(a)

quantities by species of herring, mackerel and horse mackerel indicated in the prior notification of landing, as referred to in Article 80(1)(c) of this Regulation, and the quantities recorded in the fishing logbook;

(b)

quantities by species of herring, mackerel and horse mackerel recorded in the fishing logbook and the quantities recorded in the landing declaration;

(c)

quantities by species of herring, mackerel and horse mackerel recorded on the landing declaration and the quantities recorded in the takeover declaration or the sales note;

(d)

catch area recorded in the vessel’s fishing logbook and the VMS data for the vessel concerned.

Article 89

Monitoring of weighing

1.   The weighing of catches of herring, mackerel and horse mackerel from the vessel shall be monitored by species. In the case of vessels pumping catch ashore the weighing of the entire discharge shall be monitored. In the case of landings of frozen herring, mackerel and horse mackerel, all boxes shall be counted and the methodology for calculating the average net weight of boxes provided for in Annex XVIII shall be monitored.

2.   The following data shall be cross-checked in addition to those referred to in Article 88 of this Regulation:

(a)

quantities by species of herring, mackerel and horse mackerel recorded in the records of weighing at public or private facilities and the quantities by species recorded in the takeover declaration or the sales note;

(b)

quantities by species of herring, mackerel and horse mackerel recorded in any transport documents as part of a control plan or a common control programme referred to in Article 79(1) of this Regulation;

(c)

unique identity numbers of tankers entered into the record in accordance with Article 84(2)(b) of this Regulation.

3.   It shall be verified that the vessel is empty of all fish, once the discharge has been completed.

4.   All monitoring activities covered by this Article and Article 107 of this Regulation shall be documented. Such documentation shall be kept for 6 years.

CHAPTER III

Sales notes

Article 90

General rules

1.   In the sales note the number of individuals as referred to in Article 64(1)(f) of the Control Regulation shall be indicated if the relevant quota is managed on the basis of individuals.

2.   The type of presentation referred to in Article 64(1)(g) of the Control Regulation shall include the state of presentation as set out in Annex I.

3.   The price referred to in Article 64(1)(l) of the Control Regulation shall be indicated in the currency applicable in the Member State where the sale takes place.

Article 91

Formats of sales notes

1.   Member States shall determine the format to be used for the electronic completion and transmission of sales notes as referred in Article 63 of the Control Regulation.

2.   Information referred to in this Chapter shall be exchanged between Member States using the format defined in Annex XII from which extensible mark-up language (XML) shall be derived. The XML standard to be used for all electronic data exchanges between Member States, and between Member States, the Commission and the body designated by it, shall be decided by the Commission after consultation with Member States.

3.   Amendments to the format referred to in paragraph 1 shall be clearly identified and marked with the date it was updated. Such amendments shall not come into effect earlier than 6 months after they have been decided.

4.   When a Member State receives electronic information from another Member State it shall ensure that a return message is issued to the competent authorities of that Member State. The return message shall contain an acknowledgement of receipt.

5.   Data elements in Annex XII that are mandatory for registered buyers, registered auctions or other bodies or persons authorised by Member States to record in their sales notes according to EU rules shall also be mandatory in exchanges between Member States.

6.   Member States shall:

(a)

ensure that data received according to this Chapter are recorded in computer-readable form and safely stored in computerised databases for at least 3 years;

(b)

take all necessary measures to ensure that they are only used for official purposes; and

(c)

take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation.

7.   In each Member State, the single authority referred to in Article 5(5) of the Control Regulation shall be responsible for transmitting, receiving, managing and processing all data covered by this Chapter.

8.   Member States shall exchange contact details of the authorities referred to in paragraph 7 and shall inform the Commission and the body designated by it thereof within 3 months after the entry into force of this Regulation.

9.   Any changes in the information referred to in paragraphs 7 and 8 shall be communicated to the Commission, the body designated by it and other Member States before they become effective.

10.   The format of sales notes not subject to electronic completion and transmission shall be decided by Member States. Those sales notes shall contain as a minimum the information set down in Article 64(1) of the Control Regulation.

TITLE V

SURVEILLANCE

CHAPTER I

Surveillance reports

Article 92

Information to be recorded in the surveillance report

1.   The surveillance reports referred to in Article 71(3) and (4) of the Control Regulation shall be established in accordance with Annex XXIII to this Regulation.

2.   Member States shall upload the data contained in their surveillance reports into the electronic database referred to in Article 78 of the Control Regulation and provide for the functionalities referred to in Annex XXIV No 2 to this Regulation. The minimum information recorded in this database shall be that indicated in Annex XXIII. Paper surveillance reports may also additionally be scanned into the database.

3.   The data from the reports shall be kept available in the database for at least 3 years.

4.   Upon receipt of a surveillance report as referred to in paragraph 1 the flag Member State shall, as soon as possible, initiate an investigation on the activities of its fishing vessels to which the surveillance report refers.

5.   Paragraph 1 shall apply without prejudice to the rules adopted by Regional Fisheries Management Organisations to which the European Union is a contracting party.

CHAPTER II

Control observers

Article 93

General rules concerning control observers

1.   Without prejudice to special rules established by a Regional Fisheries Management Organisation or agreed with a third country, EU fishing vessels identified for the application of a control observer scheme shall carry at least one control observer on board during the time fixed by the scheme.

2.   Member States shall designate control observers and ensure they are able to carry out their tasks. Member States shall ensure in particular the deployment of control observers to and from the EU fishing vessel concerned.

3.   Control observers shall not perform other tasks than those established Article 73 of the Control Regulation and in Article 95 of this Regulation unless other tasks are to be performed pursuant to the EU control observer scheme or as a part of an observer programme under the scope of a Regional Fisheries Management Organisation or established in the framework of a bilateral agreement with a third country.

4.   The competent authorities shall ensure that for the purposes of their mission control observers have means of communication independent from the communication system of the fishing vessel.

5.   These rules do not affect the powers of the master of the fishing vessel as being in sole charge of the operations of the vessel.

Article 94

Independence of control observers

In order to be independent from the owner, the operator, the master of the EU fishing vessel and any crew member, as prescribed by Article 73(2) of the Control Regulation, control observers shall not be:

a relative or an employee of the master of the EU fishing vessel or any other crew member, the representative of the master or the owner or the operator of the EU fishing vessel to which he is assigned,

an employee of a company controlled by the master, a crew member, the representative of the master or the owner or the operator of the EU fishing vessel to which he is assigned.

Article 95

Duties of control observers

1.   Control observers shall verify the relevant documents and record the fishing activities of the EU fishing vessel in which they are embarked as are listed in Annex XXV.

2.   Control observers on board an EU fishing vessel shall, where appropriate, brief the officials who are about to proceed to an inspection of that fishing vessel upon arrival on board. If the facilities on board the EU fishing vessel so allow and where appropriate the brief shall take place in a closed meeting.

3.   Control observers shall draw up the report referred to in Article 73(5) of the Control Regulation using the format established in Annex XXVI. They shall forward that report without delay and in any case within 30 days following completion of an assignment to his authorities and to the competent authorities of the flag Member State. Their competent authorities shall make the report available, on request, to the coastal Member State, the Commission or the body designated by it. Copies of reports made available to other Member States may not include the locations where the catches were taken in respect of start and finish positions of each fishing operation, but may include daily totals of catch in kilograms live weight equivalent by species and ICES division or other zone as appropriate.

Article 96

Pilot projects

The Union may provide financial assistance for carrying out pilot projects involving the deployment of control observers in accordance with Article 8(a)(iii) of Regulation (EC) No 861/2006.

TITLE VI

INSPECTION

CHAPTER I

Conduct of inspections

Section 1

General provisions

Article 97

Officials authorised to conduct inspections at sea or on land

1.   Officials responsible for carrying out inspections, as referred to in Article 74 of the Control Regulation shall be authorised by the competent authorities of the Member States. To this end, Member States shall provide their officials with a service card stating their identity and the capacity under which they operate. Each official on duty shall carry that service card and present it during an inspection at the earliest opportunity.

2.   Member States shall confer adequate powers on their officials as necessary for the fulfilment of control, inspection and enforcement in accordance with this Regulation, and to ensure compliance with the rules of the Common Fisheries Policy.

Article 98

General principles

1.   Without prejudice to provisions contained in multi-annual plans, competent authorities of Member States shall adopt a risk based approach for the selection of targets for inspection, using all available information. In accordance with this approach, officials shall carry out inspections in accordance with rules laid down in this Chapter.

2.   Without prejudice to provisions contained in multi-annual plans, Member States shall coordinate their control, inspection and enforcement activities. To this end, they shall adopt and execute national control action programmes as referred to in Article 46 of the Control Regulation and common control programmes as referred to in Article 94 of the Control Regulation covering both activities at sea and on land as necessary to ensure compliance with the rules of the Common Fisheries Policy.

3.   Subject to a risk based control and enforcement strategy each Member State shall carry out the necessary inspection activities in an objective way in order to prevent the retention on board, transhipment, landing, transfer to cages and farms, processing, transport, storage, marketing and stocking of fishery products originating from activities that are not in compliance with the rules of the Common Fisheries Policy.

4.   Inspections shall be carried out in a manner as to prevent to the extent possible any negative impact on the hygiene and quality of the fisheries products inspected.

5.   Member States shall ensure that national fisheries related information systems allow for the direct electronic exchange of information on port state inspections between themselves, other Member States, the Commission and the body designated by it as appropriate, in accordance with Article 111 of the Control Regulation.

Article 99

Duties of officials during the pre-inspection phase

During the pre-inspection phase officials shall, where possible, collect all appropriate information, including:

(a)

fishing licences and fishing authorisations;

(b)

VMS information corresponding to the current fishing trip;

(c)

aerial surveillance, and other sightings;

(d)

previous inspection records and available information on the secure part of the website of the flag Member State on the EU fishing vessel concerned.

Article 100

Duties of officials authorised to conduct inspections

1.   Officials authorised to conduct inspections shall verify and note the relevant items defined in the appropriate inspection module of the inspection report in Annex XXVII. For this purpose they may take pictures, video and audio recordings in accordance with national law, and, where appropriate, samples.

2.   Officials shall not interfere with the right of any operator to communicate with the competent flag state authorities during inspection operations.

3.   Officials shall take into account any information provided in accordance with Article 95(2) of this Regulation by a control observer on board the fishing vessel to be inspected.

4.   On completion of an inspection officials shall debrief operators as appropriate on fisheries regulations relevant to the prevailing circumstances.

5.   Officials shall leave as soon as possible the fishing vessel or the inspected premise following the completion of the inspection if no evidence of an apparent infringement is detected.

Article 101

Obligations of Member States, the Commission and European Fisheries Control Agency

1.   The competent authorities of Member States, and, where appropriate, the Commission and the European Fisheries Control Agency, shall ensure that their officials, whilst being courteous and sensitive, conduct inspections professionally and to a high standard.

2.   The competent authorities of each Member State shall establish procedures to ensure that any complaint made by operators regarding the conduct of inspections carried out by their officials is investigated in a fair and thorough manner in accordance with national law.

3.   Coastal Member States may, subject to appropriate arrangements with the flag Member State of a fishing vessel, invite officials of the competent authorities of that Member State to participate in inspections of fishing vessels of that Member State, whilst those vessels are operating in waters of the coastal Member State or landing in its ports.

Section 2

Inspections at sea

Article 102

General provisions on inspections at sea

1.   Any vessel used for control purposes including surveillance shall display so as to be clearly visible, a pennant or a symbol as shown in Annex XXVIII.

2.   A boarding craft used to facilitate the transfer of officials carrying out inspections shall fly a similar flag or pennant of a size appropriate to that of the boarding craft to indicate that it is engaged in fishery inspection duties.

3.   Persons in charge of inspection vessels shall have due regard to the rules of seamanship and manoeuvre at a safe distance from the fishing vessel in accordance with the international rules for the prevention of collisions at sea.

Article 103

Boarding fishing vessels at sea

1.   Officials responsible for the conduct of the inspection shall ensure that no action is taken that may compromise the safety of the fishing vessel and its crew.

2.   Officials shall not require the master of a fishing vessel that is being boarded or disembarked to stop or manoeuvre during fishing, or to stop the shooting or hauling of fishing gear. Officials may, however, require the interruption or delay of the shooting of gear to permit safe boarding or disembarkation until they have boarded or disembarked the fishing vessel. In the case of boarding this delay shall not exceed 30 minutes after officials have boarded the fishing vessel unless an infringement has been detected. This provision does not affect the possibility of officials to require the gear to be hauled for inspection.

Article 104

On board activities

1.   When carrying out their inspection, officials shall verify and note all appropriate items provided for in the appropriate inspection report module set out in Annex XXVII to this Regulation.

2.   Officials may require the master to haul a fishing gear for inspection.

3.   Inspection teams shall normally be comprised of two officials. Additional officials may supplement inspections teams when necessary.

4.   The duration of an inspection shall not exceed 4 hours, or until the net is hauled in, and the net and catches are inspected, whichever is longer. It shall not apply in the case that an apparent infringement is detected or where the officials need further information.

5.   In the case of an apparent infringement being detected, identification marks and seals may be affixed securely to any part of the fishing gear or the fishing vessel, including containers of fisheries products and the compartment(s) in which they may be stowed, and the official(s) may remain on board for the time necessary for the completion of appropriate measures to ensure security and continuity of all the evidence of the apparent infringement.

Section 3

Inspections in port

Article 105

Preparation of inspection

1.   Without prejudice to benchmarks defined in specific control and inspection programmes and in Article 9 of Regulation (EC) No 1005/2008, an inspection of a fishing vessel shall take place in port or on landing, on the following occasions:

(a)

routinely subject to a sampling methodology based on a risk-based management; or

(b)

where it is suspected of failing to comply with the rules of the Common Fisheries Policy.

2.   In cases referred to in paragraph 1(b) and without prejudice to the last sentence of Article 106(2) of this Regulation the competent authorities of the Member States shall ensure that the fishing vessel to be inspected in port is met by their officials on arrival.

3.   Paragraph 1 does not exclude the possibility for Member States to undertake random inspections.

Article 106

Inspections in port

1.   When carrying out inspections officials shall verify and note all appropriate items listed in the corresponding inspection report module set out in Annex XXVII to this Regulation. Officials shall have due regard to any specific requirements which apply to the inspected fishing vessel, in particular to relevant provisions in multi-annual plans.

2.   When carrying out an inspection of a landing officials shall monitor the whole landing process from the beginning to the end of the respective operation. A cross-check shall be carried out between the quantities by species recorded in the prior notification of arrival to land fishery products, the quantities by species recorded in the fishing logbook and the quantities by species landed or transhipped whichever is applicable. This provision shall not exclude the possibility of an inspection taking place after the start of the landing.

3.   Member States shall ensure the effective inspection and control of premises used in connection with fishing activities and subsequent processing of fisheries products.

Article 107

Inspection of certain pelagic landings

For landings of herring, mackerel and horse mackerel as referred to in Title IV, Chapter II, Section 2 of this Regulation the competent authorities of a Member State shall ensure that at least 15 % of the quantities of this fish landed and at least 10 % of the landings of this fish are inspected.

Section 4

Transport inspections

Article 108

General principles

1.   Without prejudice to provisions contained in multi-annual plans, transport inspections may take place anywhere and at anytime from the point of landing to the arrival of the fisheries products at the place of sale or processing. In carrying out inspections, the necessary measures shall be taken as to ensure the maintenance of the cold chain of the fisheries products inspected.

2.   Without prejudice to provisions contained in multi-annual plans and national control programmes or specific control and inspection programmes, transport inspections shall include, wherever possible, a physical examination of the products transported.

3.   The physical examination of the transported fishery products shall involve the taking of a sample representative of the different sections of the lot or lots transported.

4.   When carrying out a transport, inspection officials shall verify and note all items referred to in Article 68(5) of the Control Regulation and all appropriate items in the report module set out in Annex XXVII to this Regulation. This shall include verification that the quantities of fisheries products transported correspond to the details entered on the transport document.

Article 109

Transport vehicles sealed

1.   When a vehicle or a container has been sealed to avoid manipulation of the cargo, competent authorities of Member States shall ensure that serial numbers of seals are noted on the transport document. Officials shall inspect that the seals are intact and that the serial numbers correspond with the details on the transport document.

2.   Where seals are removed to facilitate inspection of the cargo before the cargo arrives at the final destination, officials shall replace the original seal with a fresh seal, recording the seal details in the transport document and the reasons for the removal of the original seal.

Section 5

Market inspections

Article 110

General principles

Officials shall verify and note all appropriate items listed in the corresponding inspection module in Annex XXVII to this Regulation when visiting cold stores, gross and retail markets, restaurants or any other premises where fish is stored and/or sold after landing has taken place.

Article 111

Additional methodologies and technologies

In addition to the items listed in Annex XXVII, Member States may make use of available methodologies and technologies for the identification and validation of fisheries products, their source or origin and the suppliers and catching vessels or production units.

Article 112

Control of fisheries products withdrawn from the market

Officials shall verify that fisheries products withdrawn from sale in accordance with Article 17 of Council Regulation (EC) No 104/2000 (32) are disposed of in accordance with the provisions of Commission Regulation (EC) No 2493/2001 (33).

CHAPTER II

Duties of operators

Article 113

General obligations of operators

1.   All operators acting under the jurisdiction of a Member State may be subject to an inspection regarding their obligations under rules of the Common Fishery Policy.

2.   All operators subject to an inspection shall:

(a)

facilitate and provide officials on request with the necessary information and documents, including, where possible, copies thereof, or access to relevant databases, regarding fishing activities as required to be completed and held in electronic or paper format in accordance with the rules of the Common Fisheries Policy;

(b)

facilitate access to all parts of vessels, premises and any transport means, including aircraft and hovercraft used in connection or associated with fishing and processing activities;

(c)

ensure at any moment the safety of officials, and actively assist and cooperate with the officials in the performance of their inspection duties;

(d)

not obstruct, intimidate or interfere, not cause any other person to obstruct, intimidate or interfere, and prevent any other person to obstruct, intimidate or interfere with officials carrying out the inspection;

(e)

provide, where possible, a meeting facility in isolation for a briefing of officials by a control observer as referred to in Article 95(2) of this Regulation.

Article 114

Obligations of the master during inspections

1.   The master of a fishing vessel which is being inspected or his representative shall:

(a)

facilitate safe and effective boarding of officials in accordance with good seamanship when the appropriate signal of the International Code of Signals is given or when the intention to board is established through radio communication by a vessel or helicopter carrying an official;

(b)

provide a boarding ladder meeting the requirements of Annex XXIX to facilitate safe and convenient access to any vessel which requires a climb of 1,5 metres or more;

(c)

facilitate the officials to perform their inspection duties, providing such assistance as is requested and is reasonable;

(d)

permit the official(s) to communicate with the authorities of the flag State, the coastal State and the inspecting State;

(e)

alert officials to particular safety hazards on board fishing vessels;

(f)

provide access by officials to all areas of the vessel, all processed or unprocessed catches, all fishing gears and all relevant information and documents;

(g)

facilitate safe disembarkation by officials on completion of the inspection.

2.   Masters shall not be required to reveal commercially sensitive information over open radio channels.

CHAPTER III

Inspection report

Article 115

Common rules concerning inspection reports

1.   Without prejudice to special rules in the framework of Regional Fisheries Management Organisations, inspection reports as referred to in Article 76 of the Control Regulation shall include the relevant information contained in the appropriate module established in Annex XXVII. The reports shall be completed by officials during the inspection or as soon as possible after the completion of the inspection.

2.   When an apparent infringement is detected in the course of an inspection, the legal and material elements together with any other information relevant to the infringement shall be included in the inspection report. When several infringements are detected in the course of an inspection, relevant elements of each infringement shall be noted in the inspection report.

3.   Officials shall communicate their findings to the natural person in charge of the fishing vessel, vehicle, aircraft, hovercraft or premises being inspected (operator) at the end of the inspection. The operator shall have the possibility to comment on the inspection and its findings. Comments by the operator shall be noted in the inspection report. In case where officials do not speak the same language as the inspected operator, they shall take appropriate measures to make understandable their findings.

4.   If required, the operator shall have the right to contact his representative or the competent authorities of his flag State, if serious difficulties arise regarding comprehension of the outcomes of the inspection and of the ensuing report.

5.   The format for electronic transmission referred to in Article 76(1) of the Control Regulation shall be decided after consultation between the Member States and the Commission.

Article 116

Completion of inspection reports

1.   When the inspection report is established manually on a paper format, it shall be legible, indelible and clearly recorded. No entry in the report shall be erased or altered. If a mistake is made in a manually established report, the incorrect entry shall be struck out neatly and shall be initialled by the official concerned.

2.   The official responsible for the inspection shall sign the report. The operator shall be invited to sign the report. Without prejudice to national law his/her signature shall constitute an acknowledgement of the report and shall not be regarded as an acceptance of the contents therein.

3.   Officials may establish inspection reports referred to in Article 115 of this Regulation by electronic means.

Article 117

Copy of the inspection report

A copy of the inspection report referred to in Article 116 of this Regulation shall be sent to the operator no later than 15 working days after the completion of the inspection and in accordance with the national law of the Member State having sovereignty or jurisdiction at the place of inspection. If an infringement is detected, disclosure of the report shall be subject to the laws on disclosure of information in the Member State concerned.

CHAPTER IV

Electronic database

Article 118

Electronic database

1.   Member States shall include in their national control programmes procedures on the recording by their officials of inspection reports in a paper or an electronic format. These reports shall be entered into the electronic database referred to in Article 78 of the Control Regulation and provide for the functionalities referred to in Annex XXIV No. 2 to this Regulation. The minimum information contained in the electronic database shall be those items noted in accordance with Article 115(1) of this Regulation and indicated as compulsory in Annex XXVII. Paper inspection reports shall also be scanned into the database.

2.   The database shall be accessible for the Commission and the body designated by it, in accordance with the procedures described in Articles 114, 115 and 116 of the Control Regulation. The relevant data in the database shall also be accessible to other Member States in the context of a joint deployment plan.

3.   The data from the inspection reports shall be kept available in the database for at least 3 years.

CHAPTER V

Union inspectors

Article 119

Notification of Union inspectors

1.   Member States and the European Fisheries Control Agency shall notify the Commission electronically within 3 months after the entry into force of this Regulation of the names of their officials to be included in the list of Union inspectors referred to in Article 79 of the Control Regulation.

2.   Officials to be included in the list shall:

(a)

have a thorough experience in the field of fisheries control and inspection;

(b)

have an in-depth knowledge of fisheries legislation of the European Union;

(c)

have a thorough knowledge of one of the official languages of the European Union and a satisfactory knowledge of a second;

(d)

be physically fit to perform their duties;

(e)

have, where appropriate, received the necessary training with regard the safety at sea.

Article 120

List of Union inspectors

1.   On the basis of the notifications of Member States and the European Fisheries Control Agency the Commission shall adopt a list of Union inspectors 6 months after the entry into force of this Regulation.

2.   After the establishment of the initial list, Member States and the European Fisheries Control Agency shall notify to the Commission by October each year any amendment to the list which they wish to introduce for the following calendar year. The Commission shall amend the list accordingly by 31 December each year.

3.   The list and amendment thereto shall be published on the official website of the European Fisheries Control Agency.

Article 121

Communication of Union inspectors to Regional Fisheries Management Organisations

The body designated by the Commission shall communicate to the secretariat of a Regional Fisheries Management Organisation the list of Union inspectors who are to carry out inspections in the framework of that Organisation.

Article 122

Powers and duties of Union inspectors

1.   In the accomplishment of their tasks Union inspectors shall comply with the law of the European Union and, as far as applicable, the national law of the Member State where the inspection takes place or, where the inspection is carried out outside EU waters, of the flag Member State of the inspected fishing vessel and relevant international rules.

2.   Union inspectors shall present a service card stating their identity and the capacity under which they operate. For this purpose they shall be provided with an identification document issued by the Commission or the European Fisheries Control Agency stating their identity and capacity.

3.   Member States shall facilitate the execution of duties by Union inspectors and shall afford them such assistance as they need to fulfil their tasks.

4.   Competent authorities of Member States may permit Union inspectors to assist national inspectors in the execution of their duties.

5.   Articles 113 and 114 of this Regulation shall apply in a corresponding manner.

Article 123

Reports

1.   Union inspectors shall submit a daily summary on their inspection activities, including the name and identification number of each fishing vessel or craft inspected and the type of inspection carried out, to the competent authorities of the Member State in whose waters the inspection took place or, where the inspection was carried outside EU waters, to the flag Member State of the inspected EU fishing vessel, and the European Fisheries Control Agency.

2.   If Union inspectors detect an infringement in the course of an inspection, they shall without delay submit a summarised inspection report to the competent authorities of the coastal Member State or, where the inspection was carried outside EU waters, to competent authorities of the flag State of the inspected fishing vessel and the European Fisheries Control Agency. Such summarised inspection report shall specify at least the date and place of the inspection, identification of the inspection platform, identification of the inspected target and type of infringement detected.

3.   Union inspectors shall submit a copy of the full inspection report noting the relevant items in the appropriate inspection module of the inspection report in Annex XXVII to the competent authorities of the flag State of the inspected fishing vessel or craft and of the Member State in whose waters the inspection took place, within 7 days from the date of inspection. If the Union inspectors have detected an infringement, a copy of the full inspection report shall also be sent to the European Fisheries Control Agency.

4.   Daily reports and inspection reports referred to in this Article shall be transmitted, upon request, to the Commission.

Article 124

Follow-up of reports

1.   Member States shall act on reports submitted by the Union inspectors in accordance with Article 123 of this Regulation in the same way as they act on reports from their own officials.

2.   The Member State that nominated the Union inspector or, where appropriate, the Commission or the European Fisheries Control Agency shall cooperate with the Member State acting on a report submitted by the Union inspector in order to facilitate judicial and administrative proceedings.

3.   On request, a Union inspector shall assist and give evidence in infringement proceedings undertaken by any Member State.

TITLE VII

ENFORCEMENT

POINT SYSTEM FOR SERIOUS INFRINGEMENTS

Article 125

Setting up and operation of a point system for serious infringements

Each Member State shall designate the competent national authorities which shall be responsible for:

(a)

setting up the system for the attribution of points for serious infringements, as referred to in Article 92(1) of the Control Regulation;

(b)

assigning the appropriate numbers of points to the holder of a fishing licence;

(c)

transferring assigned points to any future holder of a fishing licence for the fishing vessel concerned where the latter is sold, transferred or otherwise changes ownership; and

(d)

keeping relevant records of the points assigned or transferred to the holder for each fishing licence.

Article 126

Assignation of points

1.   The number of points for serious infringements shall be assigned in accordance with Annex XXX to the holder of the fishing licence for the fishing vessel concerned by the competent authority of the flag Member State.

2.   When two or more serious infringements by the same natural or legal person holding the licence are detected in the course of one inspection, points in respect of each serious infringement concerned shall be assigned to the holder of the fishing licence referred to in paragraph 1 up to a maximum of 12 points.

3.   The holder of the fishing licence shall be informed that points have been assigned to him.

4.   The points are assigned to the holder of the licence on the date set in the decision assigning them. Member States shall ensure that the application of national rules concerning the suspensory effects of review proceedings do not render the point system ineffective.

5.   Where the serious infringement is detected in a Member State other than the flag Member State, the points shall be assigned by the competent authorities of the flag Member State referred to in Article 125 of this Regulation upon notification pursuant to Article 89(4) of the Control Regulation.

Article 127

Notification of decisions

If the authority designated in accordance with Article 125 of this Regulation is not the same as the single authority referred to in Article 5(5) of the Control Regulation, the latter shall be informed of any decision taken pursuant to this Title.

Article 128

Transfer of ownership

When the fishing vessel is offered for sale or for other type of transfer of ownership, the holder of the fishing licence shall inform any potential future licence holder of the number of points which are still assigned to him by means of a certified copy obtained from the competent authorities.

Article 129

Suspension and permanent withdrawal of a fishing licence

1.   The accumulation of 18, 36, 54, 72 points by the holder of a fishing licence shall automatically trigger the first, second, third and fourth suspension of the fishing licence respectively for the relevant periods referred to in Article 92(3) of the Control Regulation.

2.   The accumulation of 90 points by the holder of a fishing licence shall trigger automatically the permanent withdrawal of the fishing licence.

Article 130

Follow-up of suspension and permanent withdrawal of fishing licence

1.   If a fishing licence is suspended or permanently withdrawn in accordance with Article 129 of this Regulation, the competent authority of the flag Member State shall inform the holder of the fishing licence immediately of this suspension or permanent withdrawal.

2.   Upon receiving the information referred to in paragraph 1 the holder of the fishing licence shall ensure that the fishing activity of the vessel concerned ceases immediately. He shall ensure that it proceeds immediately to its home port or a port indicated by the competent authorities of the flag Member State. During the voyage the fishing gear shall be lashed and stowed in accordance with Article 47 of the Control Regulation. The holder of the fishing licence shall ensure that any catch on board the fishing vessel is dealt with in accordance with the instructions of the competent authorities of the flag Member State.

Article 131

Deletion of fishing licences from relevant lists

1.   If the fishing licence is suspended or withdrawn permanently in accordance with Article 129(1) or (2) of this Regulation, the fishing vessel to which the suspended or permanently withdrawn fishing licence relates shall be identified as being without fishing licence in the national register referred to in Article 15(1) of Regulation (EC) No 2371/2002. This fishing vessel shall also be identified in this way in the EU fishing fleet register referred to in Article 15(3) of Regulation (EC) No 2371/2002.

2.   The permanent withdrawal of a fishing licence in accordance with Article 129(2) of this Regulation shall not affect the reference levels of the Member State issuing the licence as referred to in Article 12 of Regulation (EC) No 2371/2002.

3.   The competent authorities of Member States shall immediately update the list referred to in Article 116(1)(d) of the Control Regulation with an indication of all points assigned and resulting suspensions and permanent withdrawals of fishing licences, including the date on which they became applicable and their duration.

Article 132

Illegal fishing during the suspension period or after the permanent withdrawal of a fishing licence

1.   If a fishing vessel, the fishing licence of which is suspended or has been permanently withdrawn in accordance with Article 129 of this Regulation, carries out fishing activities during the suspension period or after the permanent withdrawal of the fishing licence, the competent authorities shall take immediate enforcement measures in accordance with Article 91 of the Control Regulation.

2.   The fishing vessel referred to in paragraph 1 may, where appropriate, be included the EU IUU vessel list in accordance with Article 27 of Regulation (EC) No 1005/2008.

Article 133

Deletion of points

1.   If a fishing licence has been suspended in accordance with Article 129 of this Regulation, the points on the basis of which the fishing licence has been suspended shall not be deleted. Any new points assigned to the holder of the fishing licence shall be added to existing points for the purpose of Article 129 of this Regulation.

2.   For the application of Article 92(3) of the Control Regulation, if points have been deleted in accordance with Article 92(4) of the Control Regulation the holder of fishing licence shall be considered as if his fishing licence had not been suspended in accordance with Article 129 of this Regulation.

3.   Two points shall be deleted provided that the total amount of points assigned to the holder of the fishing licence for the fishing vessel concerned exceeds two, if:

(a)

the fishing vessel which has been used in committing the infringement for which points were assigned uses thereafter VMS or records and transmits thereafter fishing logbook, transhipment and landing declaration data electronically without being legally subject to these technologies; or

(b)

the holder of the fishing licence volunteers after the assignation of points to take part in a scientific campaign for the improvement of the selectivity of the fishing gear; or

(c)

the holder of the fishing licence is a member of a producer organisation and the holder of the fishing licence accepts a fishing plan adopted by the producer organisation in the year following the assignation of the points involving a reduction of 10 % of the fishing opportunities for the holder of the fishing licence; or

(d)

the holder of the fishing licence joins a fishery covered by an eco-labelling scheme that is designed to certify and promote labels for products from well-managed marine capture fisheries and focus on issues related to the sustainable use of fisheries resources.

For each 3-year period since the date of the last serious infringement, the holder of a fishing licence can avail himself of one of the options under (a), (b), (c) or (d), to reduce the amount of points assigned only once, and provided that such reduction does not lead to the deletion of all points on the fishing licence.

4.   If the points were deleted in accordance with paragraph 3 the holder of the fishing licence shall be informed of that deletion. The holder of the fishing licence shall also be informed of the number of points that still remain.

Article 134

Point system for masters of fishing vessels

Member States shall inform the Commission 6 months after the date of application of this Title of their national point systems for masters as referred to in Article 92(6) of the Control Regulation.

TITLE VIII

MEASURES TO ENSURE COMPLIANCE BY THE MEMBER STATES OF COMMON FISHERIES POLICY OBJECTIVES

CHAPTER I

Suspension and cancellation of Union financial assistance

Article 135

Definition

For the purpose of this Chapter the following definitions shall apply:

(1)

‘payment’ means any financial contribution to be paid out by the Commission following a payment request submitted by a Member State during or at the end of the implementation of an operational programme under Regulation (EC) No 1198/2006 or of a project covered by Article 8(a) of Regulation (EC) No 861/2006;

(2)

‘interruption’ means disrupting the running of the payment’s deadline;

(3)

‘suspension’ means suspension of the payments pursuant to specific payment requests as referred to in Article 103(1) of the Control Regulation;

(4)

‘cancellation’ means annulling all or part of the suspended Union contribution to an operational programme under Regulation (EC) No 1198/2006 or to a specific project covered by Article 8(a) of Regulation (EC) No 861/2006.

Article 136

Interruption of the payment deadline

1.   The deadline for a payment may be interrupted by the authorising officer by delegation as defined in Council Regulation (EC, Euratom) No 1605/2002 (34) for a maximum period of 6 months if:

(a)

there are findings of non-compliance with CFP rules; or

(b)

the authorising officer by delegation has to carry out additional verifications following findings indicating that there are failures in the control system of a Member State and/or non-compliance with CFP rules of fishery and fishery-related activities.

2.   The concerned Member State shall be informed in writing as referred to in Article 103(3) of the Control Regulation of the reasons for the interruption of the payment deadline. It shall be asked to communicate to the Commission within 1 month of receipt of that letter the remedial actions taken and/or information concerning the financial assistance granted to the fisheries related activities subject matter of the non-compliance as set out in Annex XXXI to this Regulation.

3.   Where the Member State concerned does not respond to the Commission’s request within the period mentioned in paragraph 2, or where it provides an unsatisfactory response, the Commission may send a reminder allowing an additional period of maximum 15 days.

4.   The interruption shall be ended where the Member State demonstrates in its reply that it has taken remedial actions to ensure compliance with CFP rules or that the findings indicating that there are failures in its control system and/or non-compliance with CFP rules of fishery and fishery-related activities were unfounded.

Article 137

Suspension of payments

1.   1. Where the Member State concerned does not respond to the Commission’s request within the period mentioned in Article 136 of this Regulation, or where it provides an unsatisfactory response, the Commission may adopt on the basis of the information available at that time a decision to suspend all or part of payments of the Union financial assistance to that Member State (hereinafter referred to as ‘suspension decision’) as referred to in Article 103(1) of the Control Regulation.

2.   The suspension decision shall summarise the relevant issues of fact and law, shall include the assessment of the Commission with regard to the conditions referred to in Article 103(1) and (6) of the Control Regulation and shall set the part of the payment that is suspended. The suspension decision shall call upon the Member State concerned to take remedial actions within a prescribed period which shall not exceed 6 months.

3.   The amount of payments to be suspended shall be decided by applying a rate which shall be determined taking into account the criteria set in Article 103(5) of the Control Regulation.

Article 138

Cancellation of financial assistance

1.   Where, during the suspension period, the Member State still fails to demonstrate that it has corrected the situation which led to the suspension decision, as referred to in Article 103(2) of the Control Regulation, the Commission may inform it of its intention to adopt a cancellation decision. Article 136(2) and (3) of this Regulation shall apply in a corresponding manner.

2.   Where the Member State concerned does not respond to the Commission’s request referred to in paragraph 1, or where it provides an unsatisfactory response, the Commission may adopt on the basis of the information available at that time a decision to cancel all or part of suspended payments to that Member State.

3.   The cancellation decision referred to in paragraph 2 may include the recovery of part of or all of the advance, if any, on the financial contribution already paid for in relation to the projects covered by Article 8(a) of Regulation (EC) No 861/2006 for which payments were suspended.

4.   The amount of the suspended payments to be cancelled shall be decided by applying a rate which shall be determined taking into account the criteria set in Article 103(5) of the Control Regulation.

5.   The amount of the advance on the financial contribution to be recovered on projects for which payments were suspended shall be repaid to the Commission by a recovery procedure as set in Article 28(2) of Regulation (EC) No 861/2006 and Article 72 of Regulation (EC, Euratom) No 1605/2002.

CHAPTER II

Deduction of fishing opportunities

Article 139

General rules for the deduction of fishing opportunities for excess of utilisation

1.   The size of the excess of utilisation of fishing opportunities with respect to available quotas and fishing effort established for a given period, as referred to in Articles 105(1) and 106(1) of the Control Regulation, shall be determined on the basis of the figures available on the 15th day of the second month after the expiration of the regulated period.

2.   The size of the excess of utilisation of fishing opportunities shall be determined with respect to the fishing opportunities available at the end of each given period to the Member State concerned taking into account exchanges of fishing opportunities in accordance with Article 20(5) of Regulation (EC) No 2371/2002, quota transfers in accordance with Article 4(2) of Council Regulation (EC) No 847/96 (35), reallocation of available fishing opportunities in accordance with Article 37 of the Control Regulation, and deduction of fishing opportunities in accordance with Articles 105, 106 and 107 of the Control Regulation.

3.   The exchange of fishing opportunities in accordance with Article 20(5) of Regulation (EC) No 2371/2002 for a given period shall not be allowed after the last day of the first month after the expiration of that period.

Article 140

Consultation on the deduction of fishing opportunities

For deductions of fishing opportunities in accordance with Article 105(4) and (5) and Article 106(3) of the Control Regulation, the Commission shall consult the Member State concerned on suggested measures. The Member State concerned shall respond within 10 working days to this consultation by the Commission.

CHAPTER III

Deduction of quotas for failure to comply with the rules of the common fisheries policy

Article 141

Rules for deduction of quotas for failure to comply with the objectives of the Common Fisheries Policy

1.   The deadline for the Member State to demonstrate that the fisheries can be safely exploited, referred to in Article 107(2) of the Control Regulation, shall apply from the date of the Commission’s letter to the Member State.

2.   Member States shall include, in their reply pursuant to Article 107(2) of the Control Regulation, material evidence that is capable of demonstrating to the Commission that the fishery can be safely exploited.

Article 142

Determination of the quantities to be deducted

1.   Any deduction of quotas in accordance with Article 107 of the Control Regulation shall be proportionate to the extent and the nature of non-compliance with rules on stocks subject to multi-annual plans and gravity of the threat to the conservation of these stocks. It shall take into account the damage caused to these stocks by the non-compliance with rules on stocks subject to multi-annual plans.

2.   If a deduction according to paragraph 1 cannot be operated on the quota, allocation or share of a stock or group of stocks to which the non-compliance refers because a quota, allocation or share of a stock or group of stocks in question is not or not sufficiently available to the Member State concerned, the Commission, after consultation of the Member State concerned, may deduct in the following year or years quotas for other stocks or groups of stocks available to that Member States in the same geographical area, or with the same commercial value in accordance with paragraph 1.

TITLE IX

DATA AND INFORMATION

CHAPTER I

Analysis and audit of data

Article 143

Subject matter

The computerised validation system referred to in Article 109(1) of the Control Regulation shall comprise in particular:

(a)

a database or databases storing all data to be validated by this system, as referred to in Article 144 of this Regulation;

(b)

validation procedures including data quality checks, analysis and cross-checks of all these data, as referred to in Article 145 of this Regulation;

(c)

procedures for the access to all these data by the Commission or a body designated by it, as referred to in Article 146 of this Regulation.

Article 144

Data to be validated

1.   For the purpose of the computerised validation system, Member States shall ensure that all data referred to in Article 109(2) of the Control Regulation, are stored in a computerised database or databases. The minimum elements to be included are the items listed in Annex XXIII, those indicated as compulsory in Annex XXVII, the items in Annex XII and the items in Annex XXXII. The validation system may also take into account any other data deemed necessary for the purpose of the validation procedures.

2.   The data in the databases referred to in paragraph 1 shall be accessible for the validation system on a continuous basis and in real-time. The validation system shall have direct access to all these databases without any human intervention. To this end all databases or systems in a Member State containing the data referred to in paragraph 1 shall be linked with each other.

3.   If the data referred to in paragraph 1 are not stored automatically in a database, Member States shall foresee the manual entry or digitising into the databases, without delay and by respecting the deadlines set in the relevant legislation. The date of data receipt and data entry shall be correctly recorded in the database.

Article 145

Validation procedures

1.   The computerised validation system shall validate each dataset referred to in Article 144(1) of this Regulation on the basis of automated computerised algorithms and procedures in a continuous, systematic and thorough manner. The validation shall contain procedures to control the basic data quality, to check the data format and the minimal data requirements, as well as more advanced verification by analysing several records of a dataset into detail, using statistical methods, or cross-checking data from different sources.

2.   For each validation procedure, there shall be a business rule or a set of business rules that defines which validations are executed by the procedure, as well as where the results of these validations are stored. Where applicable, the relevant reference to the legislation whose application is being verified shall be indicated. The Commission may define after consultation with Member States a standard set of business rules to be used.

3.   All results of the computerised validation system, both positive and negative, shall be stored in a database. It shall be possible to identify immediately any inconsistency and non-compliance issue detected by the validation procedures, as well as the follow-up of these inconsistencies. It shall also be possible to retrieve the identification of fishing vessels, vessel masters or operators for which inconsistencies and possible non-compliance issues were detected repeatedly in the course of the past 3 years.

4.   The follow-up of the inconsistencies detected by the validation system shall be linked with the validation results, indicating the date of validation and follow-up.

If the detected inconsistency is identified as the result of a wrong data entry, that data entry shall be corrected in the database, clearly marking the data as being corrected, as well as reporting the original value or entry and the reason for correcting the data.

If the detected inconsistency leads to a follow-up, the validation result shall contain a link to the inspection report, where appropriate, and the follow-up of it.

Article 146

Access by the Commission

1.   Member States shall ensure that the Commission or the body designated by it have at any time real-time access to:

(a)

all the data referred in Article 144(1) of this Regulation;

(b)

all business rules defined for the validation system, containing the definition, the relevant legislation and the place where the validation results are stored;

(c)

all validation results and follow-up measures, with a marker if the data item has been corrected, and with a link to infringement procedures if applicable.

2.   Member States shall ensure that the data referred to in paragraph 1(a), (b) and (c) can be accessed by the automated exchange of data via secure web services, as defined in Article 147 of this Regulation.

3.   The data shall be made available for download according to the data exchange format and all data elements as defined in Annex XII and in the XML format. Other data items that shall be accessible and are not defined in Annex XII shall be available in the format as defined in Annex XXXII.

4.   The Commission or the body designated by it shall be given the possibility to download the data referred to in paragraph 1 for any period and any geographical area for an individual fishing vessel or list of fishing vessels.

5.   At the reasoned request of the Commission the Member State concerned shall correct without delay data for which the Commission has identified inconsistencies. The Member State concerned shall inform other relevant Member States about this correction without delay.

CHAPTER II

Websites of Member States

Article 147

Operation of websites and web services

1.   For the purpose of the official websites referred to in Articles 115 and 116 of the Control Regulation Member States shall create web services. These web services shall generate real-time and dynamic content for the official websites and they shall provide automated access to the data. If necessary, Member States shall adapt their existing databases or create new databases in order to provide the required content of the web services.

2.   This web services shall enable the Commission and the body designated by it to pull all available data referred to in Articles 148 and 149 of this Regulation at any time. That automated pulling mechanism shall be based on the electronic information exchange protocol and format referred to Annex XII. Web services shall be created according to international standards.

3.   Every subpage of the official website referred to in paragraph 1 shall contain a menu at the left side where hyperlinks to all other subpages are listed. It shall also contain the definition of the related web service at the bottom of the subpage.

4.   Web services and websites shall be deployed in a centralised manner, providing only one unique access point per Member State.

5.   The Commission may lay down common standards, technical specifications and procedures for the website’s interface, technically compatible computerised systems and web services among Member States, the Commission and the body designated by it. The Commission shall coordinate the process to create those specifications and procedures after consultation with the Member States.

Article 148

Publicly accessible website and web services

1.   The publicly accessible part of the website shall contain an overview page and different subpages. The public overview page shall list hyperlinks containing the references in Article 115(a) to (g) of the Control Regulation and referring to subpages providing the information referred to in that Article.

2.   Each public subpage shall contain at least one of the information items listed in Article 115(a) to (g) of the Control Regulation. Subpages, as well as the related web services, shall contain at least the information set out in Annex XXXIII.

Article 149

Secured website and web services

1.   The secure part of the website shall contain an overview page and different subpages. The secure overview page shall list hyperlinks containing the references in Article 116(1)(a) to (h) of the Control Regulation and referring to subpages providing the information referred to in that Article.

2.   Each secure subpage shall contain at least one of the information items listed in Article 116(1)(a) to (h) of the Control Regulation. Subpages, as well as the related web services, shall contain at least the information set out in Annex XXIV.

3.   Both the secure website as the secure web services shall make use of electronic certificates referred to in Article 116(3) of the Control Regulation.

TITLE X

IMPLEMENTATION

CHAPTER I

Mutual assistance

Section 1

General provisions

Article 150

Scope

1.   This Chapter lays down the conditions under which the Member States shall administratively cooperate with each other, with third countries, with the Commission and with the body designated by it in order to ensure the effective application of the Control Regulation and of this Regulation. It does not prevent Member States to establish other forms of administrative cooperation.

2.   This Chapter shall not bind Member States to grant each other assistance where that would be likely to be injurious to their national legal system, public policy, security or other fundamental interests. Before denying a request for assistance, the requested Member State shall consult the applicant Member State to determine whether assistance may be given in part, subject to specific terms and conditions. Where a request for assistance cannot be complied with the applicant Member State and the Commission or the body designated by it shall promptly be notified of that fact and reasons shall be stated.

3.   This Chapter shall not affect the application in the Member States of rules on criminal procedure and mutual assistance in criminal matters, including those on secrecy of judicial inquiries.

Article 151

Costs

Member States shall bear their own costs of executing a request for assistance and shall waive all claims for the reimbursement of expenses incurred in applying this Title.

Article 152

Single authority

The single authority referred to in Article 5(5) of the Control Regulation shall act as a single liaison office responsible for the application of this Chapter.

Article 153

Follow up measures

1.   Where national authorities decide, in response to a request for assistance based on this Chapter or following a spontaneous exchange of information, to take measures which may be implemented only with the authorisation or at the demand of a judicial authority, they shall communicate to the Member State concerned and the Commission or the body designated by it any information on those measures which is related to non-compliance with rules of the Common Fisheries Policy.

2.   Any such communication must have the prior authorisation of the judicial authority if such authorisation is required by national law.

Section 2

Information without prior request

Article 154

Information without prior request

1.   When a Member State becomes aware of any potential non-compliance with the rules of the Common Fisheries Policy, in particular serious infringement referred to in Article 90(1) of the Control Regulation or reasonably suspects that such an infringement may occur, it shall notify the other Member States concerned and the Commission or the body designated by it, without delay. That notification shall supply all necessary information and shall be made via the single authority as referred to in Article 152 of this Regulation.

2.   When a Member State takes enforcement measures in relation to a non-compliance or an infringement referred to in paragraph 1, it shall notify the other Member States concerned and the Commission or the body designated by it via the single authority as referred to in Article 152 of this Regulation.

3.   All notifications according to this Article shall be made in writing.

Section 3

Requests for assistance

Article 155

Definition

For the purpose of this Section ‘request for assistance’ means a request addressed by one Member State to another Member State or by the Commission or the body designated by it to a Member State for:

(a)

information including information according to Article 93(2) and (3) of the Control Regulation;

(b)

enforcement measures; or

(c)

administrative notification.

Article 156

General requirements

1.   The applicant Member State shall ensure that all requests for assistance contain sufficient information to enable a requested Member State to fulfil the request, including any necessary evidence obtainable in the territory of the applicant Member State.

2.   Requests for assistance shall be limited to substantiated cases where there is reasonable cause to believe that non-compliance with rules of the Common Fisheries Policy, in particular serious infringements referred to in Article 90(1) of the Control Regulation have occurred and where the applicant Member State is not able to obtain the requested information or to take the requested measures by its own means.

Article 157

Transmission of requests and replies

1.   Requests shall only be sent by the single authority of the applicant Member State, by the Commission or the body designated by it to the single authority of the requested Member State. All replies to a request shall be communicated in the same way.

2.   Requests for mutual assistance and the respective replies shall be made in writing.

3.   The languages used for requests and replies shall be agreed by the single authorities concerned before requests are made. If no agreement can be reached, requests shall be communicated in the official language(s) of the applicant Member State and replies in the official language(s) of the requested Member State.

Article 158

Requests for information

1.   A Member State shall, at the request of an applicant Member State, of the Commission or the body designated by it, supply any relevant information required to establish whether non-compliance with the rules of the Common Fisheries Policy, in particular serious infringements as referred to in Article 90(1) of the Control Regulation, have occurred or to establish whether there is a reasonable suspicion it may occur. That information shall be supplied via the single authority as referred to in Article 152 of this Regulation.

2.   The requested Member State shall, at the request of the applicant Member State, of the Commission or the body designated by it, carry out the appropriate administrative enquiries concerning operations which constitute or appear to the applicant to constitute non-compliance with the rules of the Common Fisheries Policy, in particular serious infringements referred to in Article 90(1) of the Control Regulation The requested Member State shall communicate the results of such administrative enquiries to the applicant Member State and to the Commission or the body designated by it.

3.   At the request of the applicant Member State, of the Commission or the body designated by it, the requested Member State may permit a competent official of the applicant Member State to accompany the officials of the requested Member State, the Commission or the body designated by it, in the course of administrative enquiries referred to in paragraph 2. In so far as national provisions on criminal proceedings restrict certain acts to officials specifically designated by national law, the officials of the applicant Member State shall not take part in such acts. In no event, shall they participate in searches of premises or the formal questioning of persons under criminal law. The officials of the applicant Member States present in the requested Member State must at all time be able to present written authority stating their identity and their official functions.

4.   At the request of the applicant Member State, the requested Member State shall supply it with any document or certified true copies in its possession which relates to non-compliance with the rules of the Common Fisheries Policy or serious infringements referred to in Article 90(1) of the Control Regulation.

5.   The standard form for the exchange of information on request is set out in Annex XXXIV.

Article 159

Requests for enforcement measures

1.   A requested Member State shall, based on the evidence referred to in Article 156 of this Regulation, at the request of an applicant Member State, of the Commission or the body designated by it, take all necessary enforcement measures to bring about the cessation, within its territory or within maritime waters under its sovereignty or jurisdiction, of any non-compliance with the rules of the Common Fisheries Policy or serious infringements referred to in Article 90(1) of the Control Regulation without delay.

2.   The requested Member State may consult the applicant Member State, the Commission or the body designated by it in the course of taking the enforcement measures referred to in paragraph 1.

3.   The requested Member State shall report the measures taken and their effect to the applicant Member State, the other Member States concerned, the Commission or the body designated by it, via the single authority as referred to in Article 152 of this Regulation.

Article 160

Deadline for replies to requests for information and enforcement measures

1.   The requested Member State shall provide the information referred to in Articles 158(1) and 159(3) of this Regulation as quickly as possible, but not later than 4 weeks following the date of receipt of the request. Different time limits may be agreed between the requested and the applicant Member State, the Commission or the body designated by it.

2.   Where the requested Member State is unable to respond to the request by the deadline, it shall inform the applicant Member State, the Commission or the body designated by it in writing of the reason for its failure to do so, and indicate when it considers it will be able to respond.

Article 161

Requests for administrative notification

1.   A requested Member State shall, at the request of an applicant Member State and in accordance with its national rules governing the notification of similar instruments and decisions, notify the addressee of all instruments and decisions taken in the field covered by the Common Fisheries Policy, in particular on issues regulated under the Control Regulation or this Regulation which emanate from the administrative authorities of the applicant Member State and are to be served in the territory of the requested Member State.

2.   Requests for notification shall be made using the standard form attached to this Regulation in Annex XXXV.

3.   The requested Member State shall transmit its reply to the applicant Member State immediately after the notification via the single authority referred to in Article 152 of this Regulation. The reply shall be made using the standard form set out in Annex XXXVI.

Section 4

Relations with the Commission or the body designated by it

Article 162

Communication between the Member States and the Commission or the body designated by it

1.   Each Member State shall communicate to the Commission or the body designated by it as soon as it is available to it any information it considers relevant concerning methods, practices or revealed tendencies used or suspected of having been used in cases of non-compliance with the rules of the Common Fisheries Policy, in particular in serious infringements as referred to in Article 90(1) of the Control Regulation.

2.   The Commission or the body designated by it shall communicate to the Member States, as soon as it becomes available to it, any information that would help them in the enforcement of the Control Regulation or of this Regulation.

Article 163

Coordination by the Commission or the body designated by it

1.   Where a Member State becomes aware of operations which constitute, or appear to constitute, non-compliance with the rules of the Common Fisheries Policy, in particular serious infringements referred to in Article 90(1) of the Control Regulation, and which are of particular relevance at Union level, it shall communicate to the Commission or the body designated by it as soon as possible any relevant information needed to determine the facts. The Commission or the body designated by it shall convey that information to the other Member States concerned.

2.   For the purposes of paragraph 1, operations which constitute non-compliance with the rules of the Common Fisheries Policy, in particular serious infringements as referred to in Article 90(1) of the Control Regulation shall be deemed to be of particular relevance at the level of the European Union especially where:

(a)

they have, or might have, connections in one or more Member States; or

(b)

it appears likely to the Member State that similar operations have also been carried out in other Member States.

3.   Where the Commission or the body designated by it considers that operations which constitute non-compliance with the rules of the Common Fisheries Policy, in particular serious infringements as referred to in Article 90(1) of the Control Regulation have taken place in one or more Member States, it shall inform the Member States concerned thereof which shall as soon as possible carry out enquiries. The Member States concerned shall, as soon as possible, communicate to the Commission or the body designated by it the findings of those enquiries.

Section 5

Relations with third countries

Article 164

Information exchange with third countries

1.   When a Member State receives information from a third country or a Regional Fisheries Management Organisation which is relevant for the effective application of the Control Regulation and this Regulation, it shall communicate that information via the single authority to the other Member States concerned, to the Commission or the body designated by it, in so far as it is permitted to do so by bilateral agreements with that third country or the rules of that Regional Fisheries Management Organisation.

2.   Information received under this Chapter may be communicated to a third country or a Regional Fisheries Management Organisation by a Member State via its single authority under a bilateral agreement with that third country or in accordance with the rules of that Regional Fisheries Management Organisation. That communication shall take place after consultation of the Member State that originally communicated the information and in accordance with EU and national legislation regarding the protection of individuals with regard to the processing of personal data.

3.   The Commission or the body designated by it may, in the framework of fisheries agreements concluded between the Union and third countries or in the framework of Regional Fisheries Management Organisations or similar arrangements to which the Union is a Contracting Party or a non-contracting Cooperating Party, communicate relevant information concerning non-compliance with of the rules of the Common Fisheries Policy or serious infringements referred to in Article 90(1) of the Control Regulation to other parties to those agreements, organisations or arrangements, subject to the consent of the Member State that supplied the information.

CHAPTER II

Reporting obligations

Article 165

Format and deadlines for reports

1.   For the 5 years-report as referred to in Article 118(1) of the Control Regulation Member Sates shall use the data defined in Annex XXXVII.

2.   The report stating the rules that have been used for producing reports on basic data as referred to in Article 118(4) of the Control Regulation shall be sent 6 months after the entry into force of this Regulation. Member States shall send a new report when these rules are modified.

TITLE XI

FINAL PROVISIONS

Article 166

Repeals

1.   Regulations (EEC) No 2807/83, (EEC) No 3561/85, (EEC) No 493/87, (EEC) No 1381/87, (EEC) No 1382/87, (EEC) No 2943/95, (EC) No 1449/98, (EC) No 2244/2003, (EC) No 1281/2005, (EC) No 1042/2006, (EC) No 1542/2007, (EC) No 1077/2008 and (EC) No 409/2009 shall be repealed.

2.   Regulation (EC) No 356/2005 shall be repealed with effect from 1 January 2012.

3.   References to the repealed Regulations shall be construed as references to this Regulation.

Article 167

Entry into force

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union, except Title VII, which shall enter into force on 1 July 2011.

However, Title II, Chapter III and Title IV, Chapter 1 shall apply as from 1 January 2012. In accordance with Article 124(c) of the Control Regulation and the previous paragraph Title VII shall apply as from 1 January 2012.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 April 2011.

For the Commission

The President

José Manuel BARROSO


(1)  OJ L 343, 22.12.2009, p. 1.

(2)  OJ L 223, 15.8.2006, p. 1.

(3)  OJ L 160, 14.6.2006, p. 1.

(4)  OJ L 281, 23.11.1995, p. 31.

(5)  OJ L 8, 12.1.2001, p. 1.

(6)  OJ L 276, 10.10.1983, p. 1.

(7)  OJ L 339, 18.12.1985, p. 29.

(8)  OJ L 50, 19.2.1987, p. 13.

(9)  OJ L 132, 21.5.1987, p. 9.

(10)  OJ L 132, 21.5.1987, p. 11.

(11)  OJ L 308, 21.12.1995, p. 15.

(12)  OJ L 192, 8.7.1998, p. 4.

(13)  OJ L 56, 2.3.2005, p. 8.

(14)  OJ L 333, 20.12.2003, p. 17.

(15)  OJ L 203, 4.8.2005, p. 3.

(16)  OJ L 187, 8.7.2006, p. 14.

(17)  OJ L 337, 21.12.2007, p. 56.

(18)  OJ L 295, 4.11.2008, p. 3.

(19)  OJ L 123, 19.5.2009, p. 78.

(20)  OJ L 358, 31.12.2002, p. 59.

(21)  OJ L 128, 21.5.2005, p. 1.

(22)  OJ L 204, 13.8.2003, p. 21.

(23)  OJ L 102, 7.4.2004, p. 9.

(24)  OJ L 365, 10.12.2004, p. 19.

(25)  OJ L 171, 6.7.1994, p. 7.

(26)  OJ L 274, 25.9.1986, p. 1.

(27)  OJ L 60, 5.3.2008, p. 1.

(28)  OJ L 256, 7.9.1987, p. 1.

(29)  OJ L 139, 30.4.2004, p. 55.

(30)  OJ L 286, 29.10.2008, p. 1.

(31)  OJ L 278, 23.10.2001, p. 6.

(32)  OJ L 17, 21.1.2000, p. 22.

(33)  OJ L 337, 20.12.2001, p. 20.

(34)  OJ L 248, 16.9.2002, p. 1.

(35)  OJ L 115, 9.5.1996, p. 3.


ANNEX I

Table 1

Product presentation alpha-3 codes

3-Alpha product presentation code

Presentation

Description

CBF

Cod butterfly (escalado)

HEA with skin on, spine on, tail on

CLA

Claws

Claws only

DWT

ICCAT code

Gilled, gutted, part of head off, fins off

FIL

Filleted

HEA+GUT+TLD+bones off, each fish originates two fillets not joined by any par

FIS

Filleted and skinned fillets

FIL+SKI Each fish originates two fillets not joined by any part

FSB

Filleted with skin and bones

Filleted with skin and bones on

FSP

Filleted skinned with pinbone on

Filleted with skin removed and pinbone on

GHT

Gutted headed and tailed

GUH+TLD

GUG

Gutted and gilled

Guts and gills removed

GUH

Gutted and headed

Guts and head removed

GUL

Gutted liver in

GUT without removing liver parts

GUS

Gutted headed and skinned

GUH+SKI

GUT

Gutted

All guts removed

HEA

Headed

Heads off

JAP

Japanese cut

Transversal cut removing all parts from head to belly

JAT

Tailed Japanese cut

Japanese cut with tail removed

LAP

Lappen

Double fillet, HEA, skin+tails+fins ON

LVR

Liver

Liver only, In case of collective presentation use code LVR-C

OTH

Other

Any other presentation (1)

ROE

Roe (s)

Roe(s) only in case of collective presentation use code ROE-C

SAD

Salted dry

Headed with skin on, spine on, tail on and salted directly

SAL

Salted wet light

CBF+salted

SGH

Salted, gutted and headed

GUH+salted

SGT

Salted gutted

GUT+salted

SKI

Skinned

Skin off

SUR

Surimi

Surimi

TAL

Tail

Tails only

TLD

Tailed

Tail off

TNG

Tongue

Tongue only. In case of collective presentation use code TNG-C

TUB

Tube only

Tube only (Squid)

WHL

Whole

No processing

WNG

Wings

Wings only


Table 2

State of processing

CODE

STATE

ALI

Alive

BOI

Boiled

DRI

Dried

FRE

Fresh

FRO

Frozen

SAL

salted


(1)  When masters of fishing vessels use in the landing declaration or transhipment declaration the presentation code ‘OTH’ (Other), they shall describe exactly what the presentation ‘OTH’ refers to.


ANNEX II

MINIMUM INFORMATION FOR THE FISHING LICENCES

1.   FISHING VESSEL DETAILS (1)

Union fleet register number (2)

Name of fishing vessel (3)

Flag state/Country of registration (3)

Port of registration (Name and national code (3))

External marking (3)

International radio call sign (IRCS (4))

2.   LICENCE HOLDER / FISHING VESSEL OWNER (2) / FISHING VESSEL AGENT (2)

Name and address of natural or legal person

3.   CHARACTERISTICS OF FISHING CAPACITY

Engine power (kW) (5)

Tonnage (GT) (6)

Length overall (6)

Main fishing gear (7)

Subsidiary fishing gears (7)

OTHER NATIONAL MEASURES AS APPLICABLE


(1)  This information shall be indicated on the fishing licence only at the moment when the vessel is registered in the Union fishing fleet register in accordance with the provisions of Commission Regulation (EC) No 26/2004 (OJ L 5, 9.1.2004, p. 25).

(2)  In accordance with Regulation (EC) No 26/2004.

(3)  For vessels having a name.

(4)  In accordance with Regulation (EC) No 26/2004 for vessels requested to have an IRCS.

(5)  In accordance with Regulation (EC) No 2930/86.

(6)  In accordance with Regulation (EC) No 2930/86. This information shall be indicated on the fishing licence only at the moment when the vessel is registered in the Union fishing fleet register in accordance with the provisions of Regulation (EC) No 26/2004.

(7)  In accordance with the International Standard Statistical Classification of Fishing Gear (ISSCFCG).


ANNEX III

MINIMUM INFORMATION FOR FISHING AUTHORISATIONS

A.   IDENTIFICATION

1.

Union fleet register number (1)

2.

Name of fishing vessel (2)

3.

External registration letters and number (1)

B.   FISHING CONDITIONS

1.

Date of issue:

2.

Period of validity:

3.

Conditions of authorisation including, where appropriate, species, zone and fishing gear:

 

From ../../..

To ../../..

From ../../..

To ../../..

From ../../..

To ../../..

From ../../..

To ../../..

From ../../..

To ../../..

From ../../..

To ../../..

Zones

 

 

 

 

 

 

Species

 

 

 

 

 

 

Fishing gear

 

 

 

 

 

 

Other conditions

 

 

 

 

 

 

Any other requirement arising from an application for a fishing authorisation.


(1)  In accordance with Regulation (EC) No 26/2004.

(2)  For vessels having a name.


ANNEX IV

CHARACTERISTICS OF MARKER BUOYS

Image

WESTERN END MARKER BUOYS

Image

EASTERN END MARKER BUOYS

Image

INTERMEDIARY MARKER BUOYS

Image


ANNEX V

ELECTRONIC DATA TRANSMISSION FORMAT OF THE VMS DATA FROM THE FLAG TO THE COASTAL MEMBER STATE

A.   Content of position report and definition of the data elements

Category

Data element

Field code

Type

Contents

Mandatory (M) /

Optional (O)

Definitions

System details

Start record

SR

 

 

M

Indicates start of the record

 

End record

ER

 

 

M

Indicates end of the record

Message details

Address destination

AD

Char (3)3

ISO 3166-1 alpha-3

M

Address of the Coastal Member State receiving the message. ISO alpha-3 country code

 

From

FR

Char (3)3

ISO 3166-1 alpha-3

M

ISO alpha-3 country code of the Flag Member State transmitting the message

 

Type of message

TM

Сhаr (3)3

Code

M

First three letters of the message type (POS – for position report)

 

Date

DA

Num (3)8

YYYYMMDD

M

Year, month and date of transmission

 

Time

TI

Num (3)4

HHMM

M

Time of transmission (in UTC)

Fishing vessel registration details

EU Fleet Register number

IR

Char (3)12

ISO 3166-1 alpha-3 +Char (3)9

O (1)

European Union Fleet Register number composed of the Member state code (ISO alpha-3 country code) and a unique fishing vessel code

 

Flag State

FS

Char (3)3

ISO 3166-1 alpha-3

M

ISO alpha-3 country code of the Flag State of the vessel

 

Radio call sign

RC

Char (3)7

IRCS Code

M

International radio call sign of the fishing vessel

 

Fishing vessel name

NA

Char (3)30

ISO 8859-1

O

Name of the fishing vessel

 

External registration

XR

Char (3)14

ISO 8859-1

O

The side number of the fishing vessel

Activity details

Latitude (decimal)

LT

Char (3)7

+/-DD.ddd

M

Latitude of fishing vessel at the time of transmission in decimal degrees using WGS84 geographical coordinate system (2)

 

Longitude (decimal)

LG

Char (3)8

+/-DDD.ddd

M

Longitude at the time of transmission in decimal degrees using WGS84 geographical coordinate system. Accuracy shall be 3 decimals. Positions on western hemisphere shall be negative (2).

 

Speed

SP

Num (3)3

Knots (3) 10

M

Fishing vessel speed in tenths of knots e.g.//SP/105 = 10,5 knots

 

Course

CO

Num (3)3

360 degree scale

M

Fishing vessel course 360° scale e.g.//CO/270 = 270°

 

Trip No

TN

Num (3)3

001-999

O

Fishing trip serial number in the current year

B.   Structure of the position report

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.


(1)  Mandatory for European Union Fishing vessels.

(2)  The plus sign (+) does not need to be transmitted, leading zeros can be omitted.

(3)  ISO 3 alpha codes for international organizations are the following:

XEU

European Commission

XFA

CFCA

XNW

NAFO

XNE

NEAFC

XIC

ICCAT

XCA

CCAMLR.


ANNEX VI

MODEL OF COMBINED EUROPEAN UNION FISHING LOGBOOK, LANDING DECLARATION AND TRANSHIPMENT DECLARATION

Image


ANNEX VII

MODEL OF FISHING LOGBOOK AND LANDING/TRANSHIPMENT DECLARATION OF THE EUROPEAN UNION

(MEDITERRANEAN SEA)

Image


ANNEX VIII

EUROPEAN UNION FISHING LOGBOOK FOR NAFO SUB AREA 1 AND ICES DIVISIONS V(a) AND XIV

Fishing vessel name/ External Identification / IRCS

 

Date

NAFO/ICES division

 

 

Day

Month

Year

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Time tow began

(GMT)

Time tow finished

(GMT)

Hours fished

Position at start of tow

Type of gear

Number of nets or lines used

Mesh size

Catch by species (kilograms – live weight)

Latitude

Longitude

NAFO/ICES division

 

Cod

(101)

Redfish

(103)

Greenland halibut

(118)

Halibut

(120)

Catfish

(340)

Capellin

(340)

Prawn

(639)

 

 

 

 

 

 

 

 

 

 

 

Kept

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Discarded

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Kept

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Discarded

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Kept

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Discarded

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Kept

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Discarded

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Kept

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Discarded

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Kept

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Discarded

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Kept

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Discarded

 

 

 

 

 

 

 

 

 

 

Sub-total for day

Kept

 

 

 

 

 

 

 

 

 

Discarded

 

 

 

 

 

 

 

 

 

Total for voyage

Kept

 

 

 

 

 

 

 

 

 

Discarded

 

 

 

 

 

 

 

 

 

Round weight (kilograms – live weight) processed today for human consumption

 

 

 

 

 

 

 

 

 

 

Round weight (kilograms – live weight) processed today for reduction

 

 

 

 

 

 

 

 

 

 

Total

Remarks

 

Master’s signature


ANNEX IX

EUROPEAN UNION LANDING/TRANSHIPMENT  (1) DECLARATION FOR NAFO SUB AREA 1 AND ICES DIVISIONS V(a) AND XIV

Fishing vessel name / External identification number (1)

IRCS (2)

(3) In case of transhipment

Name and/or call sign, external

Identification and nationality of recipient fishing vessel:


 

Day

Month

Hour

Year

2.0 …

Agent’s name:

Master’s name:

Departure (4)

 

 

 

from

 

 

 

Return (5)

 

 

to

 

 

 

Landing (6)

 

 

 

 

 

Signature:

Signature:


Indicate the weight in kilograms or the unit used (e.g. box, basket) and the landed weight in kilograms of this unit:

 

kilograms (18) (19)


Species

ICES/NAFO (1)

Fishing zone non-member countries

Presentation

(17)

Presentation

(17)

Presentation

(17)

Presentation

(17)

Presentation

(17)

Presentation

(17)

Presentation

(17)

Presentation

(17)

Presentation

(17)

Presentation

(17)

Whole

Gutted

Head off

Filleted

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


(1)  Delete whichever does not apply.


ANNEX X

INSTRUCTIONS TO MASTERS OF EUROPEAN UNION FISHING VESSELS REQUIRED TO COMPLETE AND SUBMIT A FISHING LOGBOOK AND TO COMPLETE AND SUBMIT A LANDING AND OR TRANSHIPMENT DECLARATION IN PAPER FORMATS

1.   Fishing logbook information for the fishing vessel using the models in Annexes VI, VII and VIII

1.1   The following general information on the vessel or vessels, as the case may be, shall be recorded (against the corresponding numbers) in the fishing logbook:

Information concerning the fishing vessel(s) and trip dates

Fishing logbook

Reference Number

Name of the data element

(M=Mandatory)

(O=Optional)

Description and/or timing to be recorded

(1)

Name of fishing vessel (s), radio call signal

(M)

Shall be entered on the first line. In case of pair fishing operations, the name of the second fishing vessel, the name of its master, its nationality and its external identification shall be entered below those of the vessel in respect of which the fishing logbook is being kept.

(2)

External identification

(M)

External registration letters and numbers as displayed on the hull.

(3)

Name and address of the master

(M)

Name, first name and address of master (street name, number, city, Member State) shall be given.

The master(s) of the other fishing vessel(s) shall also keep a fishing logbook indicating the quantities caught and kept on board in such a way that there is no double counting of catches.

(4)

Day, month, hour (Local) and port of departure

(M)

Shall be entered before fishing vessel leaves the port.

(5)

Day, month, hour (Local) and port of return

(M)

Shall be entered before entering port.

(6)

Date and port of landing if different from (5)

(M)

Shall be entered before entering port of landing.

(7)

Date, name, radio call sign, nationality and external identification (registration number) of recipient fishing vessel

(M)

Shall be filled in the case of transhipment.

Information on the gear

(8)

Fishing gear

(M)

The type of gear shall be indicated using the code in column 1 of Annex XI.

(9)

Mesh size

(M)

Shall be given in millimetres.

(10)

Dimensions

(O)

Gear size and dimensions shall be given according to the specifications in column 2 of Annex XI.

Information on fishing operations

(11)

Date

(M)

Date for each day at sea shall be recorded in a new line and shall correspond to each day at sea.

(12)

Number of fishing operations

(M)

Number of fishing operations shall be given in accordance with the specifications in column 3 of Annex XI (M).

(13)

Fishing time

(O)

Total time spent searching (e.g. using sonar) or fishing shall be given and equals the number of hours spent at sea minus the time spent in transit to, between and returning from the fishing grounds, dodging, inactive or waiting for repair.

(14)

Position

(M)

The relevant geographical area of capture shall be represented by the statistical rectangle in which the majority of the catch was taken, followed by reference to the relevant ICES division or sub division, CECAF, GFCM or NAFO sub area. (M)

Examples:

 

ICES Division, CECAF, GFCM or NAFO Sub Area, NEAFC Division: refer to the maps inside the cover of the fishing logbook and indicate the code of each division for the relevant statistical rectangle used, e.g. IVa, VIb, VIId.

 

‘Statistical rectangle’: refer to the ICES statistical rectangle on the charts inside the cover of the fishing logbook. These rectangles are bounded by latitudes and longitudes corresponding to whole figures of degree or whole figures of degree plus 30′ for the latitudes and whole figures of degree for the longitudes. Using a combination of figures and a letter indicate the statistical rectangle in which most of the catches were made (e.g. the area between 56° and 56° 30′ latitude North and between 6° and 7° longitude East = ICES code 41/F6).

(M)

However, optional entries may be made in respect of all the statistical rectangles in which the fishing vessel has operated during the day.

(O)

‘Third country fishing zone’: indicate the fishing zone(s) of non Member States or the waters outside the sovereignty or jurisdiction of any State using ISO-3166 3-alpha Country Codes

e.g. NOR= Norway

FRO= Faeroe Islands

CAN= Canada

ISL= Iceland

INT= High Seas

(M)

(15)

Quantities caught and retained on board

(M)

Once amounts of each species kept on board live weight equivalent, they shall be recorded in the fishing logbook. These amounts shall include quantities set aside for consumption by the crew of the vessel. FAO 3-alpha species codes shall be used.

The catch of each species shall be recorded in kilograms live weight equivalent.

(O) Where such catches are held in baskets, boxes, bins, cartons, sacks, bags, blocks or other containers, the net weight of the unit used shall be recorded in kilograms live weight, and the precise number of such units used shall be recorded. Alternatively the catch kept on board in such units may be recorded in kilograms live weight.

(16)

Estimates of discards

(M)

Discards of quantities of each species above 50 kg live weight equivalent shall be recorded. Discards of species taken for live bait purposes and which are recorded in the fishing logbook at section 15, shall also be recorded.

2.   Instructions concerning the landing/transhipment declaration

2.1.   The models as shown in Annexes VI and IX (for landings or transhipments in NAFO 1 and ICES Va)

2.2.   Information to be provided

Where fisheries products that have been landed or transhipped, and if they have been weighed using systems approved by the competent authorities of Member States, on either the donor or receiving fishing vessel, then in such circumstances the actual weight of quantities landed or transhipped shall be indicated in kilograms product weight on the landing or transhipment declaration by species showing:

(a)

presentation of fish (reference No in fishing logbook (17));

(b)

measurement unit for landed quantities (reference No in fishing logbook (18); give the weight of the unit in kilograms product weight. This unit may be different from that entered in the fishing logbook;

(c)

total weight by species landed or transhipped (reference No in fishing logbook (19); give the weight of quantities actually landed or transhipped for all species;

(d)

the weight shall correspond to the product weight of fish as landed, i.e. after any processing on board. Conversion factors shall be applied subsequently by the competent authorities in Member States to calculate the equivalent live weight;

(e)

Signature of the Master (20);

(f)

Signature and name and address of the agent where applicable (21);

(g)

ICES division/ NAFO/CECAF/GFCM/Black Sea Sub area / French Guyana zone (FAO Area 31) or management area and third country fishing zone (reference No in fishing logbook: (22)). This shall be applied in the same way as for reference (14) above.

3.   Additional instructions for Masters of European Union fishing vessels of 10 metres overall length or more which are not subject to either the provisions of Article 9 of the Control Regulation, vessel monitoring system, or of the electronic completion and transmission of fishing logbook data in accordance with Article 15 of the Control Regulation, and that are required to record fishing effort in a fishing logbook

These instructions are applicable to masters of European Union fishing vessels who are required by European Union rules to record time spent in fisheries that are subject to fishing effort regimes:

(a)

all information required under this section shall be recorded in the fishing logbook between the fishing logbook references No (15) and (16);

(b)

time shall be recorded as co-ordinated universal time (UTC);

(c)

species shall be recorded using the 3-alpha FAO fish species codes.

3.1.   Information concerning fishing effort

(a)   Crossing an effort zone

Where an authorized fishing vessel crosses an effort zone without carrying out fishing activities in that zone, an additional line shall be completed in the fishing logbook. The following information is to be entered in that line:

the date,

the effort zone,

the dates and times of each entry/exit,

position of each entry and exit in latitude and longitude,

catches retained on board by species at the time of entry,

the word ‘Crossing’.

(b)   Entry into an effort zone

Where the fishing vessel enters an effort zone in which it is likely to carry out fishing activities, an additional line shall be completed in the fishing logbook. The following information is to be entered in that line:

the date,

the word ‘entry’,

the effort zone,

position in latitude and longitude,

the time of entry,

catches retained on board by species at the time of entry, and

the target species.

(c)   Exit from an effort zone

Where the vessel leaves an effort zone in which it has carried out fishing activities and where the vessel enters another effort zone in which it intends to carry out fishing activities, an additional line shall be completed in the fishing logbook. The following information is to be entered in that line:

the date,

the word ‘entry’,

position in latitude and longitude,

the new effort zone,

the time of exit/entry,

catches retained on board by species at the time of exit/entry, and

the target species.

Where the fishing vessel leaves an effort zone in which it has carried out fishing activities and will not carry out further fishing activities in that effort zone, an additional line must be completed. The following information is to be inserted in that line:

the date,

the word ‘exit’,

position in latitude and longitude,

the effort zone,

the time of departure,

catches retained on board by species at the time of exit, and

the target species.

Trans-zonal fishing where the vessel carries out trans-zonal fishing activities (1).

Where the fishing vessel carries out trans-zonal fishing activities, an additional line must be completed. The following information is to be inserted in that line:

the date,

the word ‘trans-zonal’,

the time of first exit and effort zone,

position of first entry in latitude and longitude,

the time of last entry and effort zone,

position of last exit in latitude and longitude,

catches retained on board by species at the time of exit/entry, and

the target species.

(d)   In addition for those fishing vessels operating passive gears:

When the fishing vessel sets or resets passive gear the following information shall be entered in that line:

the date,

the effort zone,

the position in latitude and longitude,

the words ‘setting’ or ‘resetting’,

the time.

When the fishing vessel completes static gear operations:

the date,

the effort zone,

the position in latitude and longitude,

the word ‘finish’,

the time.

3.2.   Information concerning the communication of vessel movements

Where a fishing vessel carrying out fishing activities is required to communicate a fishing effort report to the competent authorities in accordance with Article 28 of the Control Regulation , the following information shall be recorded in addition to that referred to in paragraph 3.1:

(a)

the date and time of the communication;

(b)

the geographical position of the fishing vessel in latitude and longitude;

(c)

the means of communication and, where applicable, the radio station used; and

(d)

the destination(s) of the communication.


(1)  Vessels remaining within an effort zone not exceeding 5 nautical miles either side of the line separating two effort zones must record their first entry and last exit during a period of 24 hours.


ANNEX XI

GEARS AND FISHING OPERATIONS CODES

Type of gear

Column 1

Code

Column 2

Size/number (metres)

(optional)

Column 3

Number of shoots each day

(mandatory)

Bottom otter trawl

OTB

Model of trawl (specify model or perimeter of opening)

Number of times gear is shot

Nephrops trawls

TBN

Shrimp trawls

TBS

Bottom trawls (not specified)

TB

Beam trawl

TBB

Beam length x number of beams

Number of times gear is shot

Otter twin trawls

OTT

Model of trawl (specify model or perimeter of opening) x numbers of trawls

Number of times gear is shot

Bottom pair trawl

PTB

Model of trawl (specify model or perimeter of opening)

Mid-water otter trawl

OTM

Model of trawl

Mid-water pair trawl

PTM

Model of trawl

SEINES

Danish anchor seine

SDN

Overall length of seine lines

Number of times gear is shot

Scottish seine (fly dragging)

SSC

Scottish pair seine (fly dragging)

SPR

Seine nets (not specified)

SX

Boat or vessel seine

SV

SURROUNDING NETS

Purse seine

PS

Length, height

Number of times gear is shot

One boat operated purse seine

PS1

Length, height

Two boat operated purse seine

PS2

 

Without purse lines (lampara)

LA

 

DREDGES

Dredge

DRB

Width x number of dredges

Number of times gear is shot

GILLNETS AND ENTANGLING NETS

Gillnets (not specified)

GN

Length, height

Number of times nets shot during the day

Gillnets anchored (set)

GNS

Gillnets (drift)

GND

Gillnets (circling)

GNC

Combined gillnets-trammel nets

GTN

Trammel net

GTR

TRAPS

Pots

FPO

Number of pots shot each day

 

Traps (not specified)

FIX

Not specified

 

HOOKS AND LINES

Handlines and pole lines (hand operated)

LHP

Total number of hooks/lines shot during the day

Handlines and pole lines (mechanised)

LHM

Set longlines

LLS

Number of hooks and lines shot each day

Drifting longlines

LLD

Longlines not specified

LL

Trolling lines

LTL

 

 

Hooks and lines (not specified)

LX

 

 

HARVESTING MACHINES

Mechanised dredges

HMD

 

 

 

 

 

 

Miscellaneous gear

MIS

 

 

Recreational gear

RG

 

 

Gear not known or not specified

NK

 

 


ANNEX XII

ELECTRONIC INFORMATION RECORDING AND INFORMATION EXCHANGE FORMAT (VERSION 3.0)

(1)

Character set definitions used for ERS should be: Western character set (UTF-8).

(2)

All 3 character codes are XML elements (3 character code), all 2 character codes are XML attributes.

(3)

The XML sample files, as well as the most recent reference XSD definition and table version of the above Annex will be placed on the Commission Fisheries website.

(4)

All the weights in the table are expressed in kilograms and, if needed with up to 2 decimals of precision.

Operations table view

No

Element or attribute name

Code

Description and content

Compulsory (C)/ Compulsory if (CIF) (2)

Optional (O) (3)

1

OPS ELEMENT

OPS

Operations element: this is the top level envelope of all operations sent to the web service operation. OPS element must contain one of the sub-elements DAT, RET, DEL, COR, QUE, RSP

 

2

Country of destination

AD

Destination for the message (ISO alpha-3 country code)

C

3

Sending country

FR

Country sending the data (ISO alpha-3 country code)

C

4

Operation No

ON

Unique ID (AAAYYYYMMDD999999) generated by sender.

C

5

Operation Date

OD

Date of transmission of the message (YYYY-MM-DD in UTC)

C

6

Operation Time

OT

Time of sending the message (HH:MM in UTC)

C

7

Test flag

TS

Free text.

O

8

Data operation

DAT

(See details of sub-elements and attributes of DAT)

CIF

9

Acknowledgement message

RET

(See details of sub-elements and attributes of RET)

CIF

10

Delete operation

DEL

(See details of sub-elements and attributes of DEL)

CIF

11

Correction operation

COR

(See details of sub-elements and attributes of COR)

CIF

12

Query operation

QUE

(See details of sub-elements and attributes of QUE)

CIF

13

Response operation

RSP

(See details of sub-elements and attributes of RSP)

CIF

14

 

 

 

 

15

Data Operation

DAT

Data operation to push log book or sales note information to another MS

 

16

ERS message

ERS

Includes all relevant ERS data, i.e. the whole message

C

17

Message type

TM

Type of message (current (CU) or delayed (DE))

C

18

 

 

 

 

19

Delete Operation

DEL

Delete operation to ask receiving MS to delete previously sent data

 

20

Record No.

RN

Record No to be deleted. (AAAYYYYMMDD999999)

C

21

Reason for Rejection

RE

Free text or code list giving an explanation for the rejection

O

22

 

 

 

 

23

Correction operation

COR

Correction operation to ask another MS to correct previously sent data.

 

24

Original Message number

RN

Record number of the message being corrected (format AAAYYYYMMDD999999)

C

25

Reason for Correction

RE

Free text or code list (4)

O

26

New corrected data

ERS

Includes all relevant ERS data, i.e. the whole message

C

27

 

 

 

 

28

Acknowledgement operation

RET

Acknowledgement operation to reply to DAT, DEL or COR operation

 

29

Sent Message number

ON

Operation no.(AAAYYYYMMDD999999) that is being acknowledged.

C

30

Return status

RS

Indicates the status of the received message/report (4)

C

31

Reason for Rejection

RE

Free text or code list (4) giving an explanation for the rejection

O

32

 

 

 

 

33

Query operation

QUE

Query operation to pull fishing logbook information from another MS

 

34

Commands to execute

CD

Get LOG data (full 12 months unless specified by SD and ED below up to maximum of 12 months). The current and latest data available shall always be included.

C

35

Vessel identifier type

ID

Shall be at least one of the following: RC/IR/XR/NA

C

36

Vessel identifier Value

IV

If given, must comply with the formatting mentioned in vessel identifier type.

C

37

Start Date

SD

Start Date of requested period (oldest date in query), if query (YYYY-MM-DD)

O

38

End Date

ED

End Date of requested period (most recent date in query), if query (YYYY-MM-DD)

O

39

 

 

 

 

40

Response operation

RSP

Response operation to answer a QUE operation

 

41

ERS message

ERS

Includes all relevant ERS data, dependant on the vessel identifier type used in the query i.e. the whole message

O

42

Return Status

RS

Indicates the status of the received message/report (4)

C

43

Operation No.

ON

The operation no.(AAAYYYYMMDD999999) of the query to which this response refers to.

C

44

Reason for Rejection

RE

If response is negative, reason for not replying with data. Free text or code list (4) giving an explanation for the rejection

O

45

Response parts

RP

Responses with different schema definitions

C

46

 

 

 

 


Table view for Fishing logbook, Sales note and Transport document

No

Element or attribute name

Code

Description and content

Compulsory (C)/ Compulsory if (CIF) (2)

Optional (O) (3)

47

ERS message

ERS

Tag with the ERS message. The ERS message contains a LOG, SAL or TRN declaration.

 

48

Message (record) number

RN

Serial number of the message (format AAAYYYYMMDD999999)

C

49

Message (record) date

RD

Date of transmission of the message (YYYY-MM-DD in UTC)

C

50

Message (record) time

RT

Time of transmission of the message (HH:MM:SS in UTC)

C

51

 

 

 

 

52

Fishing logbook declaration

LOG

Fishing logbook declaration contains one or more of the following declarations DEP, FAR, RLC, TRA, COE, COX, CRO, TRZ, INS, DIS, PNO, EOF, RTP, LAN, PNT.

 

53

European Union Fleet Register number (CFR number)

IR

With format AAAXXXXXXXXX where A is an uppercase letter being the country of first registration within the EU and X being a letter or a number

C

54

IRCS

RC

International radio call sign

C

55

Vessel’s external identification

XR

Side (hull) registration number and letters of the vessel

CIF FAR, PNO

56

Name of vessel

NA

Name of the vessel

CIF FAR, PNO, and under BFT rules

57

Name of the master

MA

Name of the master (any change during trip to be sent in next LOG transmission).

C

58

Master address

MD

Address of master (any change during trip to be sent in next LOG transmission)

C

59

Country of registration

FS

Flag state of vessel registration. ISO alpha-3 country code.

C

60

Vessel ICCAT number

IN

Vessel number on ICCAT registry.

CIF under BFT rules

61

Vessel IMO number

IM

IMO number, under BFT rules.

CIF under BFT rules and if available

62

 

 

 

 

63

Departure declaration

DEP

Departure from port declaration. Required on every departure from port, to be sent in next message

 

64

Date

DA

Date of departure (YYYY-MM-DD in UTC)

C

65

Time

TI

Time of departure (HH:MM in UTC). Full time required in effort regimes. If only the hour is required, then it is allowed to set the minutes to 30.

C

66

Port name

PO

Port code (ISO alpha-2 country code + 3 letter port code). Port code list (CCPPP) (4)

C

67

Anticipated activity

AA

Code list (4)

O

68

Gear on board

GEA

(See details of sub-elements and attributes of GEA)

C

69

Catch on board sub-declaration (list of species SPE sub-declarations)

SPE

(see details of sub-elements and attributes of SPE)

CIF catch on board the vessel

70

 

 

 

 

71

Fishing Activity Report declaration

FAR

Required by midnight on each day at sea or in response to request from the flag state

 

72

Last report marker

LR

Marker that indicates that this is the last FAR report that will be sent (LR=1). Every day that a vessel is at sea, it needs to send a FAR. No further FAR can be sent after a FAR with LR = 1, before entering port.

CIF last message

73

Inspection marker

IS

Marker that indicates this fishing activity report was received just prior to an inspection carried out onboard the vessel. (IS=1). Occurs when the inspector asks the fisherman to update his fishing logbook prior to verification.

CIF inspection occurring

74

Date

DA

Date for which fishing activities being reported whilst vessel at sea (YYYY-MM-DD in UTC)

C

75

Time

TI

Start time of fishing activity (HH:MM in UTC).

O

76

Pair fishing partner vessel(s)

PFP

Specified if there are other vessel(s) in a pair fishing operation. Required to effectively monitor pair fishing. There may be more than one partner vessel. Each participating partner submits a FAR declaration mentioning all the other partners. If pair fishing takes place without relocation, then the vessel taking all the catch will declare the SPE elements, and the other vessels will fill out only the RAS element. If relocation takes place, the RLC declarations shall in addition be submitted. (See details of sub-elements and attributes of PFP).

CIF pair fishing partner vessel(s) exist and not under BFT rules

77

Relevant area sub-declaration

RAS

Specified if no catch was made (for effort purposes) (4)

(See details of sub-elements and attributes of RAS).

CIF when no SPE to record (and under effort regimes)

78

Position sub-declaration

POS

Position at noon if no catch was made

(See details of sub-elements and attributes of POS)

CIF under BFT rules

79

Gear sub-declaration

GEA

(See details of sub-elements and attributes of GEA).

At most one GEA per FAR.

CIF any undertaken

80

Gear loss sub-declaration

GLS

(See details of sub-elements and attributes of GLS)

CIF required by the rules (3)

81

Catch sub-declaration (list of species SPE sub-declarations)

SPE

Catch for this fishing activity on board of this vessel.

(See details of sub-elements and attributes of SPE)

In case of joint fishing operation under BFT rules, fill out the total and allocated SPE under CVT, CVO, and JCI instead.

CIF any fish caught and not if JFO under BFT rules.

82

Catching Vessel Transferring the fish sub-declaration

CVT

(See details of sub-elements and attributes of CVT). In case of joint fishing operation under BFT rules, the information on the ‘catching vessel transferring the fish’ has to be reported by every vessel participating in the JFO.

CIF JFO under BFT rules

83

Other Catching Vessel(s) sub-declaration(s)

CVO

(See details of sub-elements and attributes of CVO). In case of joint fishing operation under BFT rules, the information on every ‘other catching vessel involved in the JFO’ has to be reported by every vessel participating in the JFO.

CIF JFO under BFT rules

84

Catch info sub-declaration

JCI

(See details of sub-elements and attributes of JCI). In case of joint fishing operation under BFT rules, the information on the total JFO catch has to be reported by every vessel participating in the JFO.

CIF JFO under BFT rules

85

ICCAT JFO number

JF

ICCAT JFO number, optional under BFT rules.

O

86

 

 

 

 

87

Relocation declaration

RLC

Used when catch (all or parts thereof) is transferred or moved from shared fishing gear to a vessel or from a vessel’s hold or its fishing gear to a keep net, container or cage (outside the vessel) in which the live catch is kept until landing

 

88

Date

DA

Date of catch relocation whilst vessel at sea (YYYY-MM-DD in UTC)

C

89

Time

TI

Time of relocation (HH:MM in UTC)

CIF under BFT rules

90

Receiving vessel

REC

Receiving vessel identification

(See details of sub-elements and attributes of REC).

For transfer under BFT rules, fill out BTI instead.

CIF relocation and not under BFT rules

91

Donor Vessel(s)

DON

Donor vessel(s) identification

(See details of sub-elements and attributes of DON).

For transfer under BFT rules, fill out BTI instead.

CIF relocation and not under BFT rules

91

Relocated to

RT

3 letter code for relocation destination (4)

CIF required, in particular under BFT rules

92

Position sub-declaration

POS

Location of transfer

(See details of sub-elements and attributes of POS).

C

93

Catch sub-declaration (list of species SPE sub-declarations)

SPE

Amount of fish relocated

(See details of sub-elements and attributes of SPE)

Under BFT rules, fill out BTI instead.

CIF relocation and not under BFT rules

94

BFT transfer info sub-declaration

BTI

(See details of sub-elements and attributes of BTI).

Under BFT rules, fill out the BTI instead of DON, REC, and SPE.

CIF under BFT rules

95

 

 

 

 

96

Transhipment declaration

TRA

For every transhipment of catch, declaration required from both donor and recipient

 

97

Date

DA

Start of TRA (YYYY-MM-DD in UTC)

C

98

Time

TI

Start of TRA (HH:MM in UTC).

O

99

Relevant area sub-declaration

RAS

The geographical area in which the transhipment took place (4).

(See details of sub-elements and attributes of RAS).

CIF took place at sea

100

Port name

PO

Port code (ISO alpha-2 country code + 3 letter port code). Port code list (CCPPP) (4)

CIF took place in port

101

Receiving vessel’s CFR number

IR

With format AAAXXXXXXXXX where A is an uppercase letter being the country of registration within the EU and X being a letter or a number

CIF European Union fishing vessel

102

Transhipment: receiving vessel

TT

International radio call sign of the receiving vessel

C

103

Transhipment: flag state of receiving vessel

TC

Flag state of vessel receiving the transhipment (ISO alpha-3 country code)

C

104

Donor Vessel’s CFR number

RF

With format AAAXXXXXXXXX where A is an uppercase letter being the country of first registration within the EU and X being a letter or a number

CIF European Union fishing vessel

105

Transhipment: (donor) vessel

TF

International radio call sign of the donor vessel

C

106

Transhipment: flag state of donor vessel

FC

Flag state of the donor vessel (ISO alpha-3 country code)

C

107

Position sub-declaration

POS

(See details of sub-elements and attributes of POS)

CIF required (3)

(NEAFC, NAFO waters or BFT rules)

108

Catch transhipped (list of species SPE sub-declarations)

SPE

(See details of sub-elements and attributes of SPE)

C

109

 

 

 

 

110

COE: entry in zone effort declaration

COE

Declaration on entry into the effort zone. If fishing in area subject to fishing effort regime

CIF required

111

Date

DA

Date of entry (YYYY-MM-DD in UTC)

C

112

Time

TI

Time of entry (HH:MM in UTC)

C

113

Target specie(s)

TS

Species to be targeted whilst in zone (4)

CIF conducting fishing activities under effort regime, and not crossing zones

114

Relevant area sub-declaration

RAS

Geographical location of the vessel (4).

(See details of sub-elements and attributes of RAS).

CIF conducting fishing activities under effort regime, and not crossing zones

115

Position sub-declaration

POS

Position of entry (see details of sub-elements and attributes of POS)

C

116

Catch on board sub-declaration (list of species SPE sub-declarations)

SPE

(See details of sub-elements and attributes of SPE)

O

117

 

 

 

 

118

Exit from zone effort declaration

COX

Declaration on exit of the effort zone. If fishing in area subject to fishing effort regime

CIF required

119

Date

DA

Date of exit (YYYY-MM-DD in UTC)

C

120

Time

TI

Time of exit (HH:MM in UTC)

C

121

Target specie(s)

TS

Species to be targeted whilst in zone (4)

CIF conducting fishing activities under effort regime, and not crossing zones

122

Relevant area sub-declaration

RAS

Geographical location of the vessel (4).

(See details of sub-elements and attributes of RAS).

CIF conducting fishing activities under effort regime, and not crossing zones

123

Position sub-declaration

POS

Position of exit (see details of sub-elements and attributes of POS)

C

124

Catch taken sub-declaration

SPE

Catch taken whilst in zone (see details of sub-elements and attributes of SPE)

O

125

 

 

 

 

126

Crossing of Zone effort declaration

CRO

Declaration on crossing the effort zone (no fishing operation). If crossing the zone subject to fishing effort regime

CIF required

127

Entry in zone declaration

COE

(See details of sub-elements and attributes of COE)

Only DA TI POS needs to be specified

CIF

128

Exit from zone declaration

COX

(See details of sub-elements and attributes of COX)

Only DA TI POS needs to be specified

CIF

129

 

 

 

 

130

Trans-Zonal fishing effort declaration

TRZ

Tag indicating Trans-Zonal fishing when fishing subject to fishing effort regime

CIF required

131

Entry declaration

COE

First entry (see details of sub-elements and attributes of COE)

C

132

Exit declaration

COX

Last exit (see details of sub-elements and attributes of COX)

C

133

 

 

 

 

134

INS: inspection declaration

INS

Tag indicating start of an inspection sub-declaration. To be provided by the authorities, but not the master

O

135

Country of inspection

IC

ISO alpha-3 country code of the Coastal state where inspection takes place

C

136

Assigned inspector

IA

Text field with name of inspector, or, if applicable, a 4 digit number identifying their inspector

O

137

Country of inspector

SC

ISO alpha-3 country code of the inspector

O

138

Date

DA

Date of inspection (YYYY-MM-DD)

C

139

Time

TI

Time of inspection (HH:MM in UTC)

C

140

Port name

PO

Port code (ISO alpha-2 country code + 3 letter port code). Port code list (CCPPP) (4)

CIF no position declaration

141

Position sub-declaration

POS

Position of inspection

(see details of sub-elements and attributes of POS)

CIF no port code

142

 

 

 

 

143

Discard declaration

DIS

Tag containing details of fish discarded

CIF required (3)

144

Date

DA

Date of discard (YYYY-MM-DD)

C

145

Time

TI

Time of discard (HH:MM in UTC)

C

146

Position sub-declaration

POS

Position when discarded

(see details of sub-elements and attributes of POS)

CIF required

147

Discarded fish sub-declaration

SPE

Discarded fish

(see details of sub-elements and attributes of SPE)

C

148

 

 

 

 

149

Prior Notification of return declaration

PNO

Tag including the Prior Notification declaration. To be transmitted prior to return to port or if required by Community rules

CIF required (1)  (2)

150

Predicted date of arrival to port

PD

Intended Date of arrival/crossing (YYYY-MM-DD)

C

151

Predicted time of arrival to port

PT

Intended Time of arrival/crossing (HH:MM in UTC)

C

152

Port name

PO

Port code (ISO alpha-2 country code + 3 letter port code). Port code list (CCPPP) (4)

C

153

Relevant area sub-declaration

RAS

Fishing area to be used for prior notification of cod. List of codes for fishing and effort/conservation areas (4).

(See details of sub-elements and attributes of RAS).

CIF in the Baltic sea

154

Predicted date of landing

DA

Intended Date of landing (YYYY-MM-DD) in the Baltic for exiting area

O

155

Predicted time of landing

TI

Intended Time of landing (HH:MM in UTC) in the Baltic for exiting area

O

156

Catch on Board sub-declarations (list of species SPE sub-declarations)

SPE

Catch on board (if pelagic need ICES zone).

(see details of the sub-declaration SPE).

CIF catch on board

157

Position sub-declaration

POS

Position for entering/leaving area/zone.

(See details of sub-elements and attributes of POS).

CIF

158

Purpose of call

PC

LAN for landing, TRA for transhipment, ACS for access to servicing, OTH for other.

C

159

Date fishing trip started

DS

Date trip started (YYYY-MM-DD UTC)

C

160

 

 

 

 

161

Prior Notification of transfer declaration

PNT

Tag including the Prior Notification of transfer declaration. To be used under BFT rules.

CIF under BFT rules

162

Estimated date

DA

Estimated Date of transfer to cage (YYYY-MM-DD)

C

163

Estimated time

TI

Estimated Time of transfer to cage (HH:MM in UTC)

C

164

Estimated quantity sub-declaration

SPE

Estimated quantity of BFT to be transferred, both specifying quantities alive and taken on board

(See details of sub-elements and attributes of SPE)

C

165

Position sub-declaration

POS

Position where the transfer will take place.

(See details of sub-elements and attributes of POS).

C

166

Tug boat name

NA

Name of the tug or towing vessel

C

167

Tug boat ICCAT number

IN

Tug boat vessel number on ICCAT vessel register

C

168

Number of cages towed

CT

Number of cages towed by the tug boat

C

169

 

 

 

 

170

End Of Fishing declaration

EOF

Tag indicating completion of fishing operations prior to return to port. To be transmitted after last fishing operation and before returning to port.

 

171

Date

DA

Date end of fishing (YYYY-MM-DD in UTC)

C

172

Time

TI

Time end of fishing (HH:MM in UTC)

C

173

 

 

 

 

174

Return To Port declaration

RTP

Tag indicating the return to the harbour. To be transmitted on entry into port, after any PNO declaration.

 

175

Date

DA

Date of return (YYYY-MM-DD in UTC)

C

176

Time

TI

Time of return (HH:MM in UTC)

C

177

Port name

PO

Port code (ISO alpha-2 country code + 3 letter port code). Port code list (CCPPP) (4)

C

178

Reason for return

RE

Reason for returning to por (4)

CIF

179

Gear onboard

GEA

(See details of sub-elements and attributes of GEA).

O

180

 

 

 

 

181

Landing declaration

LAN

Tag with the details of the landing. To be transmitted after landing of catch. LAN can be used in place of transport declaration

 

182

Date

DA

(YYYY-MM-DD UTC) – date landing is completed

C

183

Time

TI

Time of landing. Format HH:MM in UTC.

O

184

Sender type

TS

3 letter code (MAS: master, REP: his representative, AGE: agent)

C

185

Port name

PO

Port code (ISO alpha-2 country code + 3 letter port code). Port code list (CCPPP) (4)

C

186

Catch landed sub-declaration (list of SPE with PRO sub-declarations)

SPE

Species, fishing areas, landed weights, related gears and presentations

(see details of sub-elements and attributes of SPE)

C

187

Transport declaration

TRN

LAN can be used in place of transport declaration. By including a TRN, the transporter can be exempted from filing a separate TRN. In that case the TRN’s SPE does not need to be filled, as this would be redundant with the catch landed sub-declaration.

O

188

 

 

 

 

189

Position sub-declaration

POS

Sub-declaration containing coordinates of the geographical position

 

190

Latitude (decimal)

LT

Latitude expressed in accordance with the WGS84 format used for VMS

C

191

Longitude (decimal)

LG

Longitude expressed in accordance with the WGS84 format used for VMS

C

192

 

 

 

 

193

GEA: gear deployment sub-declaration

GEA

Sub-declaration containing information on gear deployment

 

194

Gear type

GE

Gear code based on the FAO’s ‘International Standard Statistical Classification of the Fishing Gear’ (4)

C

195

Mesh Size

ME

Size of mesh (in millimetres)

CIF gear has mesh subject to size requirement

196

Gear Dimensions

GC

Gear Dimensions as per Annex XI (‘column 2’). Textual information.

O

197

Fishing operations

FO

Number of fishing operations

C

198

Fishing time

DU

Duration of fishing activity in minutes - defined as fishing time equals the number of hours spent at sea, minus the time spent in transit to, between and returning from the fishing grounds, dodging, inactive or waiting for repair

C

(merged with line 74: FAR/DU element)

199

Gear shot sub-declaration

GES

Gear shot sub-declaration

(see details of sub-elements and attributes of GES)

CIF required (3) (vessel uses static or fixed gear)

200

Gear retrieved sub-declaration

GER

Gear retrieved sub-declaration

(see details of sub-elements and attributes of GER)

CIF required (3) (vessel uses static or fixed gear)

201

Gillnet deployment sub-declaration

GIL

Gillnet deployment sub-declaration

(see details of sub-elements and attributes of GIL)

CIF vessel has permits for ICES Zones IIIa, IVa, IVb, Vb, VIa, VIb, VIIb, c, j, k and XII

202

Fishing depths

FD

A distance from water surface to the lowest part of the fishing gear (in metres). Applies to vessels using towed gear, long lines and fixed nets

CIF deep sea fishing and in Norwegian waters

203

Average number of hooks used on long lines

NH

The average number of hooks used on the long lines

CIF deep sea fishing and in Norwegian waters

204

The average length of the nets

GL

The average length of nets when using fixed nets (in metres)

CIF deep sea fishing and in Norwegian waters

205

The average height of the nets

GD

The average height of nets when using fixed nets (in metres)

CIF deep sea fishing and in Norwegian waters

206

Quantity of gear

QG

Total quantity of nets on board – notified on departure if carrying gill nets

CIF carrying gill nets

207

Total length of gear

TL

Total length of gear carried on board – notified on departure if carrying gill nets

CIF carrying gill nets

208

 

 

 

 

209

GES: gear shot sub-declaration

GES

Sub-declaration containing gear shot info

CIF required by the rules (3)

210

Date

DA

Date gear shot (YYYY-MM-DD in UTC)

C

211

Time

TI

Time gear shot (HH:MM in UTC)

C

212

Position sub-declaration

POS

Position where gear shot

(see details of sub-elements and attributes of POS)

C

213

Gear Shot Identifier

GS

Date gear shot operation was completed and day sequence number (MMDDXX) (The daily sequence number shall start with 01 for the first set of gear shot. For example the second set of gear shot on December 20 would be 122002)

O

214

 

 

 

 

215

Gear retrieved sub-declaration

GER

Sub-declaration containing gear retrieved info

CIF required by the rules (3)

216

Date

DA

Date gear retrieved (YYYY-MM-DD in UTC)

C

217

Time

TI

Time gear retrieved (HH:MM in UTC)

C

218

Position sub-declaration

POS

Position where gear retrieved

(see details of sub-elements and attributes of POS)

C

219

Gear Shot Identifier

GS

Date gear shot operation was completed and day sequence number (MMDDXX)

O

220

 

 

 

 

221

Gillnet deployment sub-declaration

GIL

Sub-declaration on gillnet deployment

CIF vessel has permits for ICES Zones IIIa, IVa, IVb, Vb, VIa, VIb, VIIb, c, j, k and XII

222

Nominal length of one net

NL

Information required to be recorded during each fishing trip (in metres)

C

223

Number of nets

NN

Number of nets in a fleet

C

224

Number of fleets

FL

Number of fleets deployed

C

225

Position sub–declaration

POS

Position of each fleet deployment

(see details of sub-elements and attributes of POS)

C

226

Depth of each fleet deployed

FD

Depth for each fleet deployed (a distance from water surface to the lowest part of the fishing gear)

C

227

Soak time of each fleet deployed

ST

Soak time for each fleet deployed (hours)

C

228

Gear Shot Identifier

GS

Date gear shot operation was completed and day sequence number (MMDDXX)

O

229

 

 

 

 

230

Gear Loss sub-declaration

GLS

Sub-declaration on fixed gear lost

CIF required by the rules (3)

231

Date gear lost

DA

Date gear lost (YYYY-MM-DD in UTC)

C

232

Time gear lost

TI

Time gear lost (HH:MM in UTC)

C

233

Number of units

NN

Number of gears lost

C

234

POS sub-declaration

POS

Last known position of gear

(see details of sub-elements and attributes of POS)

C

235

Measures to retrieve gear

MG

Free Text

C

236

 

 

 

 

237

RAS: Relevant area sub-declaration

RAS

Relevant area depending on the relevant reporting requirement – at least one field should be filled in. List of codes will be placed at the EC website with a location to be specified.

CIF

238

FAO area

FA

FAO area (e.g. 27)

CIF relevant area of type FAO

239

FAO sub-area

SA

FAO sub-area (e.g. 3)

CIF relevant area of type FAO

240

FAO division

ID

FAO division (e.g. d)

CIF relevant area of type FAO

241

FAO sub- division

SD

FAO sub-division (e.g. 28) (Meaning together with the above 27.3.d.28)

CIF relevant area of type FAO

242

FAO unit

UI

FAO unit (e.g. 1) (Meaning together with the above 27.3.d.28.1)

CIF relevant area of type FAO

243

Economic zone

EZ

Economic zone

CIF outside the EU waters

244

Statistical rectangle

SR

Statistical rectangle (e.g. 49E6)

CIF relevant area of type statistical rectangle

245

Fishing effort zone

FE

List of fishing effort codes (4).

CIF relevant area of type effort zone

246

 

 

 

 

247

Species sub-declaration

SPE

Sub-declaration containing details of fish caught by species

 

248

Species name

SN

Name of the species (FAO alpha-3 code)

C

249

Weight of fish

WT

Depending on context this item to be either

1.

Total weight of fish (in kilograms) in catch period

2.

Total weight of fish (in kilograms) on board (aggregate) or

3.

Total weight of fish (in kilograms) landed

4.

Total weight of fish discarded or used as a live bait

CIF species not counted; under BFT rules

250

Number of fish

NF

Number of fish (when catch have to be registered in numbers of fish i.e. salmon, tuna)

CIF salmon; BFT rules

251

Weight of fish to be landed

WL

Total weight of fish to be landed or transhipped ( in kilograms)

CIF (if required by PNO)

252

Number of fish to be landed

FL

Total number of fish to be landed or transhipped

CIF (if required by PNO)

253

Quantity held in nets

NQ

Estimate of quantity of live fish held in nets i.e. not in hold

CIF live BFT

254

Number held in nets

NB

Estimate of number of live fish held in nets i.e. not in hold

CIF live BFT

255

Size distribution sub-declaration

SIZ

Size composition if fish caught under the normal minimum size

(See details of sub-elements and attributes of SIZ)

CIF small fish under BFT rules

256

Relevant area sub-declaration

RAS

The geographical area in which the majority of the catch was taken (4).

(See details of sub-elements and attributes of RAS).

C

257

Gear type

GE

Letter code based on the FAO’s ‘International Standard Statistical Classification of the Fishing Gear’ (4)

CIF landing declaration for certain species and catch areas only

258

Processing sub-declaration

PRO

(See details of sub-elements and attributes of PRO)

CIF for landing (transhipment) declaration

259

Means of weight measuring

MM

means of weight measuring: estimation (EST), weighing on board (WGH)

CIF under BFT rules

260

 

 

 

 

261

Processing sub-declaration

PRO

Processing/presentation details for each species landed

 

262

Fish freshness category

FF

Fish freshness category (4)

CIF required by sales note

263

State of preservation

PS

Letter code for the state of the fish (4)

CIF sales notes

264

Presentation of fish

PR

Letter code for the product presentation (reflects manner of processing) (4)

C

265

Processing’s type of packaging

TY

3 letter code (4)

CIF (LAN or TRA: and fish not been weighed previously)

266

Number of packing units

NN

Number of packing units: cartons, boxes, bags, containers, blocks etc

CIF (for LAN or TRA and fish not been weighed previously)

267

Av weight per unit of packing

AW

Product weight (kg)

CIF (for LAN or TRA and fish not been weighed previously)

268

Conversion factor

CF

A numerical factor that is applied to convert fish processed weight into fish live weight

CIF there is no regional or EU conversion factor for this SPE and presentation combination.

269

 

 

 

 

270

CVT sub-declaration

CVT

Sub-declaration containing the details of the BFT Catching Vessel ‘Transferring’ the fish caught in a JFO into cages.

 

271

Name of the fishing vessel

NA

Name of the fishing vessel

C

272

ICCAT number

IN

Vessel number on ICCAT vessel register

C

273

IMO number

IM

IMO number.

CIF available

274

Vessel’s Community fleet register (CFR) number

IR

With format AAAXXXXXXXXX where A is an uppercase letter being the country of first registration within the EU and X being a letter or a number (only if EU vessel).

CIF EU vessel

275

Vessel’s IRCS

RC

International Radio call sign of the fishing vessel

C

276

Catch against quota sub-declaration

SPE

Amount of JFO catches counted against the individual quota of this vessel, taking into account the JFO allocation keys

(See details of sub-elements and attributes of SPE).

CIF used under FAR declaration

277

 

 

 

 

278

CVO sub-declaration

CVO

Sub-declaration containing the details of the Other BFT Catching Vessel(s) involved in a JFO, but not in the transfer of the fish. One CVO sub-declaration per Other Catching Vessel involved in the JFO. By filling out its CVO, the vessel certifies that it has taken no catch on board or transferred into cages.

 

279

Name of the fishing vessel

NA

Name of the fishing vessel.

C

280

ICCAT number

IN

Vessel number on ICCAT vessel register

C

281

IMO number

IM

IMO number.

CIF available

282

Vessel’s Community fleet register (CFR) number

IR

With format AAAXXXXXXXXX where A is an uppercase letter being the country of first registration within the EU and X being a letter or a number (only if EU vessel).

CIF EU vessel

283

Vessel’s IRCS

RC

International Radio call sign of the fishing vessel

C

284

Catch against quota sub-declaration

SPE

Amount of JFO catches counted against the individual quota of this vessel, taking into account the JFO allocation keys

(See details of sub-elements and attributes of SPE).

C

285

 

 

 

 

286

JCI sub-declaration

JCI

JFO Catch Information sub-declaration. Contains information about the catch and total quantity caught in the JFO operation (according to BFT rules).

 

287

Catch date

DA

Catch date

C

288

Catch Time

TI

Catch Time

C

289

Catch Location sub-declaration

POS

Location of the catch

(See details of sub-elements and attributes of POS)

C

290

Total JFO Catch sub-declaration

SPE

Total quantity of BFT caught, both specifying quantities in the cage and taken on board

(See details of sub-elements and attributes of SPE)

CIF any catch

291

 

 

 

 

292

BTI sub-declaration

BTI

BFT Transfer Information sub-declaration. Information about the transfer and transfer vessel related to the BFT transfer operation.

 

293

Catching Vessel Transferring the fish sub-declaration

CVT

Identification of the Catching Vessel Transferring the fish (Under CVT, SPE does not need to be filled in).

(See details of sub-elements and attributes of CVT).

C

294

Transfer position sub-declaration

POS

Transfer position

(See details of sub-elements and attributes of POS)

C

295

Catch transferred sub-declaration

SPE

Total quantity of BFT transferred into the cage

(See details of sub-elements and attributes of SPE)

CIF any catch

296

Tug boat name

NA

Name of the tug or towing vessel

C

297

Tug boat ICCAT number

IN

Tug boat vessel number on ICCAT vessel register

C

298

Farm of destination name

FN

Name of the farm

C

299

ICCAT farm number

FI

ICCAT farm register number

C

300

 

 

 

 

301

Size distribution sub-declaration

SIZ

Size composition if fish caught smaller than minimum size

 

302

Quantity greater than 6,4 kg

S6

Quantity of BFT greater than 6,4 kg or 70 cm and smaller than 8 kg or 75 cm

CIF

303

Quantity greater than 8 kg

S8

Quantity of BFT greater than 8 kg or 75 cm and smaller than 30 kg or 115 cm

CIF

304

 

 

 

 

305

Receiving vessel sub-declaration

REC

Element containing one PFP partner vessel sub-element declaration.

 

306

Partner Vessel

PFP

Pair fishing partner vessel identification.

C

307

 

 

 

 

308

Donor vessel sub-declaration

DON

Element containing one or more PFP partner vessel sub-element declarations. There may be several PFP to indicate several vessels collectively donating catch in a single relocation operation.

 

309

Partner Vessel(s)

PFP

One or more pair fishing partner vessel identifications.

C

310

 

 

 

 

311

PFP sub-declaration

PFP

PFP Pair fishing Partner vessels to be transmitted for vessel(s) involved in pair fishing activities, with or without relocation.

 

312

Partner Vessel CFR numbers

IR

With format AAAXXXXXXXXX where A is an uppercase letter being the country of first registration within the EU and X being a letter or a number

O

313

Partner vessel IRCS

RC

International radio call sign of the partner vessel

C