conduct fishing activities inconsistent with its research plan; or

catch Northern prawn in Division 3L in excess of the allocation of the flag Member State of the vessel;

take cod from Division 3M in excess of 15 tonnes of Union catches in a calendar year. Should a research vessel’s catch exceed this amount, the excess shall be counted against the allocation to the vessel’s flag Member State. Furthermore, if the allocation to the Member State for cod from Division 3M is exhausted, that Member State shall not authorize its vessels to undertake further research activities. Any research activities underway shall be stopped by the flag Member State as soon as 15 tonnes have been caught by the Union; or

take shrimp from Division 3M in excess of 10 tonnes of Union catches in a calendar year. The relevant Member State shall stop research activities on shrimp from Division 3M once 10 tonnes have been caught by the Union.

by electronic transmission in the format prescribed in Annex II.C to the CEM referred to in point 5 of the Annex to this Regulation, and prior to the commencement of the research, notify the Commission of all research vessels entitled to fly its flag that are authorised by it to conduct research activities in the Regulatory Area;

provide the Commission with a research plan for all vessels entitled to fly its flag that are authorised by it to conduct research activities in the Regulatory Area, no later than 40 days prior to the opening of the June meeting of the NAFO Scientific Council, in the cases of non-recurrent new surveys and research activities and where catches retained on board during research activities are intended for marketing and, in other cases, no later than 10 days prior to the commencement of the research;

ensure that a research plan of surveys conducted in the Regulatory Area targeting stocks subject to fishing opportunities contains as a minimum the following information:

notify the Commission immediately of the commencement and termination of research activities by vessels temporarily engaged in research, including during fishing trips in which both commercial and research activities take place.

keep on board a copy of the research plan and any changes thereto, in the English language, at all times; and

for surveys conducted in the Regulatory Area targeting stocks subject to fishing opportunities, stow catches taken in research activities separately with netting, plywood, boxes or other means from all other catches taken in fishing trips in which both commercial and research activities are carried out; the location of the catches taken in research activities shall be indicated in the stowage plan.

comply with the recording and reporting requirements laid down in Chapter V;

have an observer with sufficient expertise on board; and

count those catches against the Member State’s relevant quota and fishing effort limitations set out in fishing opportunities.

ensure that all species from stocks listed in fishing opportunities in force caught by vessels flying its flag are counted against the quota allocated to that Member State, including the by-catch of redfish in Division 3M taken between the date when it is estimated that 50 % of the total allowable catch (TAC) of redfish in Division 3M is taken and 1 July;

ensure that no more redfish caught in Division 3M is retained on board vessels flying its flag after the date when it is estimated that 100 % of the TAC of redfish in Division 3M is taken, with the exception of redfish caught in Division 3M before the closure;

notify the Commission and EFCA of the names of Union vessels that intend to fish the ‘Others’ quota at least 48 hours in advance of each entry, and after a minimum of 48 hours of absence from the Regulatory Area. That notification shall, if possible, be accompanied by an estimate of the projected catch. Where the Commission considers that the relevant conditions established in the CEM are met, it shall notify the NAFO Executive Secretary.

close its fishery for stocks listed in the fishing opportunities in force in the Regulatory Area on the date on which the available data indicate that the total quota allocated to that Member State for the stocks concerned will be taken, including the estimated quantity to be taken prior to the closure of the fishery, discards, and estimated unreported catch by all vessels flying the flag of that Member State;

ensure that vessels flying its flag immediately cease fishing activities that may result in catch when notified by the Commission in accordance with paragraph 3 that the quota allocated to that Member State has been fully taken. If the Member State can demonstrate that it still has quota available for that stock in accordance with paragraph 2, the vessels of that Member State may resume fishing on that stock;

close its fishery for Northern prawn in Division 3M when the number of fishing days allocated to that Member State is reached. The number of fishing days in respect of each vessel shall be determined using VMS positional data within Division 3M, with any part of a day being considered a full day;

close its directed fishery for redfish in Division 3M between 24:00 UTC of the day the accumulated reported catch is estimated to reach 50 % of the TAC of redfish in Division 3M, as notified in accordance with paragraph 3, and 1 July;

close its redfish fishery in Division 3M at 24:00 UTC of the day the accumulated reported catch is estimated to reach 100 % of the TAC of redfish in Division 3M, as notified in accordance with paragraph 3;

promptly notify the Commission of the date of closure provided for in points (a) to (e);

prohibit vessels flying its flag from continuing a directed fishery in the Regulatory Area for a particular stock under an ‘Others’ quota beyond 5 days of notification by the NAFO Executive Secretary, as transmitted by the Commission, that it is estimated that that particular ‘Others’ quota has been taken, in accordance with paragraph 3;

ensure that no vessel flying its flag commences a directed fishery in the Regulatory Area for a particular stock under the ‘Others’ quota following notification by the NAFO Executive Secretary that it is estimated that that particular quota has been taken, in accordance with paragraph 3;

after a closure of its fishery in accordance with this paragraph, ensure that no more fish of the stock concerned is retained on board the vessels flying its flag unless otherwise authorised by this Regulation.

if the NAFO Executive Secretary confirms that the Commission has demonstrated that there is remaining quota available from its original allocation; or

if a quota transfer from another NAFO Contracting Party, in accordance with fishing opportunities, results in additional quota for the particular stock subject to closure.

no quota has been allocated to the Union for that stock in that Division, in accordance with the fishing opportunities in force;

a ban on fishing for that particular stock is in force (moratorium); or

the ‘Others’ quota for a particular stock has been fully taken, following notification by the Commission in accordance with Article 6.

for cod in Division 3M, redfish in Divisions 3LN and witch flounder in Divisions 3NO: 1 250 kg or 5 %, whichever is the greater;

for cod in Divisions 3NO: 1 000 kg or 4 %, whichever is the greater;

for all other stocks listed in fishing opportunities where no specific quota has been allocated to the Member State: 2 500 kg or 10 %, whichever is the greater;

where a ban on fishing applies (moratoria) or when the ‘Others’ quota opened for that stock has been fully taken: 1 250 kg or 5 %, whichever is the greater, in regard to those Contracting Parties following their notification of the use of the ‘Others’ quota in accordance with Article 6;

once the directed fishery for redfish in Division 3M is closed in accordance with point (d) of Article 6(1): 1 250 kg or 5 %, whichever is the greater;

while conducting a directed fishery for yellowtail in Divisions 3LNO: 15 % of American plaice; otherwise the by-catch provisions set out in point (d) shall apply.

does not conduct directed fisheries for species referred to in Article 7(2);

complies with the following requirements, where, with the exception of directed fishery for Northern prawn, the weight of any species subject to the by-catch limits exceeds the greater of the limits specified in Article 7(3) in any one haul:

vessels shall land or tranship their cod catches from Division 3M only in ports designated in accordance with Article 39;

at least 48 hours before its estimated time of arrival in port, a vessel or its representative on its behalf shall advise the competent port authority of its estimated time of arrival, the estimated quantity of cod catches from Division 3M retained on board, and information on the Division or Divisions where any other cod catches retained on board were taken;

each Member State shall inspect in its ports at least 50 % of the landings or transhipment of cod catches from Division 3M and prepare an inspection report in the format prescribed in Annex IV.C to the CEM referred to in point 9 of the Annex to this Regulation, and send it to the NAFO Executive Secretary, with the Commission and EFCA in copy, within 12 working days from the date on which the inspection was completed. That report shall identify and provide details of any infringement of this Regulation detected during the port inspection. It shall include all relevant information available with regard to infringements detected at sea during the current trip of the inspected fishing vessel.

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Inspections of landings or transhipments shall be conducted at a rate of:

each Member State shall allocate its quota for Greenland halibut among its authorised vessels;

an authorised vessel shall land its Greenland halibut catch only in a designated port of a NAFO Contracting Party. To that end, each Member State shall designate one or more ports in its territory where authorised vessels may land Greenland halibut;

each Member State shall send to the Commission the name of every port it has so designated, which shall transmit it to the NAFO Executive Secretary. Any subsequent changes to the list shall be sent in replacement of the previous one not less than 20 days before the change comes into effect;

at least 48 hours before its estimated time of arrival in port, an authorised vessel or its representative on its behalf shall advise the port's competent fisheries control authority of its estimated time of arrival, the estimated total quantity of Greenland halibut retained on board, and information on the Division or Divisions where the catches were taken;

each Member State shall inspect in its ports each landing of Greenland halibut, if the quantity of that stock on board represents either more than 5 % of the total catch or more than 2 500 kg, and prepare an inspection report in the format prescribed in Annex IV.C to the CEM referred to in point 9 of the Annex to this Regulation, and send it to the NAFO Executive Secretary, with the Commission and EFCA in copy, within 14 working days from the date on which the inspection was completed. The report shall identify and provide details of any infringement of this Regulation detected during the port inspection. It shall include all relevant information available with regard to infringements detected at sea during the current trip of the inspected fishing vessel.

the master of the vessel shall notify the NAFO Executive Secretary and its flag FMC by email or fax, at the latest 72 hours prior to the vessel’s entry into the Regulatory Area, of the amount of catch on board, the position by latitude and longitude where the master of the vessel intends to commence fishing, the estimated time of arrival at the position, and contact information for the fishing vessel (for example radio, satellite phone or email);

an inspection vessel that intends to inspect a fishing vessel before it begins fishing for Greenland halibut shall notify that fishing vessel and the NAFO Executive Secretary of the coordinates of a designated inspection point that is no more than 60 nautical miles from the position where the master of the vessel estimates that the vessel will commence fishing and shall inform other inspection vessels that may be operating in the Regulatory Area accordingly;

a fishing vessel notified in accordance with point (b) shall:

a fishing vessel may not begin fishing before being inspected in accordance with this Article, unless:

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remove shark fins on board vessels;

retain on board, tranship or land shark fins fully detached from a carcass.

undertake research to identify ways to make fishing gear more selective for the protection of sharks;

conduct research on key biological and ecological parameters, life-history, behavioural traits and migration patterns, as well as on the identification of potential mapping, pupping and nursery grounds of key shark species.

40 mm for shrimps, including prawns (PRA);

60 mm for short finned squid (SQI);

280 mm in the codend and 220 mm in all other parts of the trawl for skate (SKA);

130 mm for all other groundfish, as listed in Annex I.C of CEM referred to in point 11 of the Annex to this Regulation;

100 mm for pelagic Sebastes mentella (REB) in Subarea 2 and Divisions 1F and 3K; and

90 mm for redfish (RED) in the fishery using mid-water trawls in Divisions 3O, 3M and 3LN.

use gear that is not marked in accordance with generally accepted international standards, in particular the 1967 Convention on Conduct of Fishing Operations in the North Atlantic; or

deploy any marker buoy or similar object floating on the surface and intended to indicate the location of fixed fishing gear without displaying the vessel's registration number.

have equipment on board the fishing vessel to retrieve lost gear;

if the gear or part of it is lost, make every reasonable attempt to retrieve it as soon as possible; and

not deliberately abandon fishing gear, except for safety reasons.

the name and call sign of the vessel;

the type of lost gear;

the quantity of gear lost;

the time when the gear was lost;

the position where the gear was lost; and

the measures taken by the vessel to retrieve the lost gear.

the name and call sign of the vessel that has retrieved the gear;

the name and call sign of the vessel that lost the gear (if known);

the type of gear retrieved;

the quantity of gear retrieved;

the time when the gear was retrieved; and

the position where the gear was retrieved.

communicate to the Commission the ‘Notice of Intent to Undertake Exploratory Bottom Fishing’ in accordance with Annex I.E to the CEM referred to in point 21 of the Annex to this Regulation, together with the assessment required under Article 20(1);

provide to the Commission an ‘Exploratory Bottom Fishing Trip Report’ in accordance with Annex I.E to the CEM referred to in point 22 of the Annex to this Regulation, within two months of the completion of the exploratory bottom fishing activities.

start exploratory bottom fishing activities only after being authorised in accordance with the conservation and management measures adopted by the NAFO Commission to prevent significant adverse impacts of the exploratory fishing activities on VMEs;

have a scientific observer on board for the duration of the exploratory bottom fishing activity.

be sent to the Commission not less than one week in advance of the opening of the June meeting of the NAFO Scientific Council;

address the elements for assessment of proposed exploratory bottom fishing activities in accordance with Annex I.E to the CEM referred to in point 23 of the Annex to this Regulation.

report the encounter without delay to the competent authority of the flag Member State including the position that is provided by the vessel, either the end point of the tow or set or another position that is closest to the exact encounter location, the VME indicator species encountered, the quantity (kg) of VME indicator species encountered; and

cease fishing and move away at least 2 nautical miles from the endpoint of the tow/set in the direction least likely to result in further encounters. The master of the vessel shall use his best judgment based on all available sources of information.

identify corals, sponges and other organisms to the lowest possible taxonomical level, using the ‘Exploratory Fishery Data Collection Form’ in accordance with Annex I.E to the CEM referred to in point 24 of the Annex to this Regulation; and

deliver the results of such identification to the master of the vessel to facilitate the quantification referred to in paragraph 2 of this Article.

forward, without delay, the encounter information reported by the master of the vessel to the Commission if the quantity of the VME indicator species caught in a fishing operation (such as trawl, tow, set, of a gill net or longline) is beyond the threshold defined in paragraph 1;

issue an immediate alert of the encounter to all fishing vessels flying its flag; and,

temporarily close, where possible, a two mile radius around any reported VME encounter location outside the footprint upon notification by the Commission.

a list of vessels flying its flag which it may authorise to conduct fishing activities in the Regulatory Area (‘notified vessels’), in the format prescribed in Annex II.C1 to the CEM referred to in point 25 of the Annex to this Regulation;

any deletion from the list of notified vessels, without delay, in the format prescribed in Annex II.C2 to the CEM referred to in point 26 of the Annex to this Regulation.

it is listed as a notified vessel;

it has been issued with an IMO number; and

it has been issued with an authorisation by the flag Member State to conduct such fishing activities (‘authorised vessel’).

the individual authorisation for each vessel on the list of notified vessels it has authorised to conduct fishing activities in the Regulatory Area, in the format specified in Annex II.C3 to the CEM referred to in point 27 of the Annex to this Regulation and not later than 40 days before the start of the fishing activities for the calendar year;

Each authorisation shall in particular identify the start and end dates of validity and, the species for which directed fishery is allowed, unless exempted in Annex II.C3 to the CEM referred to in point 27 of the Annex to this Regulation. If the vessel intends to fish for regulated species referred to in fishing opportunities in force, the identification shall refer to the stock, where the regulated species is associated with the area concerned;

the suspension of the authorisation, in the format prescribed in Annex II.C4 to the CEM referred to in point 28 of the Annex to this Regulation, without delay, in case of removal of the authorisation concerned or of any modification to its content, where the removal or the modification occurs during the period of validity;

the resumption of a suspended authorisation, transmitted in accordance with the procedure set out in point (a).

its name, if any;

the letter(s) of the port or district in which it is registered, if any;

the number(s) under which it is registered;

the IMO number;

its international radio call sign, if any;

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

its length overall;

its engine power;

the capacity plan referred to in paragraph 10; and

estimation of freezing capacity or certification of refrigeration system.

take the form of a drawing or description of its fish storage place, including the storage capacity of each fish storage place in cubic metres and the drawing shall consist of longitudinal section of the vessel, including a plan for each deck on which a fish storage place is located and the locations of freezers;

show in particular the positions of any door, hatch and any other access to each fish storage place, with reference to the bulkheads;

indicate the main dimensions of the fish storage tanks (refrigerated sea water tanks) and, for each one, indicating the calibration in cubic metres at intervals of 10 cm; and

have the true scale clearly indicated on the drawing.

the flag State Contracting Party has consented in writing to the chartering arrangement;

the chartering arrangement is limited to one fishing vessel per flag State Contracting Party in any calendar year;

the duration of the fishing operations under the chartering arrangement does not exceed six months cumulatively in any calendar year; and

the chartered vessel is not a vessel that has previously been identified as having engaged in IUU fishing.

the name, flag State registration, IMO number and flag State of the vessel;

previous name(s) and flag State(s) of the vessel, if any;

the name and address of the owner(s) and operators of the vessel;

a copy of the chartering arrangement and any fishing authorisation or licence the chartering Contracting Party has issued to the chartered vessel; and

the allocation assigned to the vessel.

start of fishing operations under the chartering arrangement;

suspension of fishing operations under the chartering arrangement;

resumption of fishing operations under a chartering arrangement that has been suspended;

end of fishing operations under the chartering arrangement.

the name of the capture vessel;

the 3-Alpha Code for each species as listed in Annex I.C to the CEM referred to in point 11 of the Annex to this Regulation;

in the case of Northern prawns, the date of capture;

the Regulatory Area and Division of fishing; and

the product form presentation code as listed in Annex II.K to the CEM referred to in point 29 of the Annex to this Regulation.

one product form category;

one Division of capture;

one date of capture (in the case of Northern prawns); and

one species.

accurately records the catch of each tow/set by Division;

indicates the disposition of the catch of each tow/set, including the amount (in kg, live weight) of each stock that is retained on board, discarded, offloaded, or transhipped during the current fishing trip.

records the daily cumulative production for each species and product type in kg for the preceding day from 00:01 UTC until 24:00 UTC;

records the production of each species and product type by Division;

lists the conversion factors used to convert production weight of each product type into live weight when recorded in the fishing logbook;

records each entry in accordance with Article 24; and

when production has occurred on the day of an inspection, makes the information related to any catch processed for that day available to an inspector upon request.

clearly shows:

is updated daily for the preceding day from 00:01 to 24:00 UTC; and

is retained on board until all catches have been unloaded completely from the vessel.

catch on entry (COE): quantity of catch on board by species upon entry into the Regulatory Area, transmitted at least six hours in advance of the vessel's entry;

catch on exit (COX): quantity of catch on board by species upon exit from the Regulatory Area transmitted at least six hours in advance of the vessel's exit;

catch report (CAT): quantity of catch retained and quantity discarded by species for the day preceding the report, by Division, including nil catch returns, sent daily before 12:00 UTC, unless otherwise submitted in a COX report; nil catch retained and nil discards of all species shall be reported using the 3 alpha code MZZ (marine species not specified) and quantity as ‘0’ as the following examples demonstrate (//CA/MZZ 0//and//RJ/MZZ 0//);

catch on board (COB): for any vessel fishing Northern prawn in Division 3L, prior to entry or exit from Division 3L, transmitted one hour prior to crossing the boundary of Division 3L;

transhipment (TRA):

port of landing (POR): by a vessel that has received a transhipment at least twenty four hours in advance of any landing.

report its provisional monthly catches by species and stock area, and its provisional monthly fishing days for the fishery of Northern prawn in Division 3M, whether or not it has quota or effort allocations for the relevant stocks; it shall transmit those reports to the Commission within 20 days of the end of the calendar month in which the catch was taken;

ensure that logbook information is submitted in either Extensible Markup Language (XML) or in a Microsoft Excel file format, to the Commission containing at a minimum the information outlined in Annex II.N to the CEM referred to in point 33 of the Annex to this Regulation, within 60 days following the completion of each fishing trip.

vessel identification;

most recent vessel position, by latitude and longitude, having an error tolerance margin no greater than 500 metres and a confidence interval of 99 %;

UTC date and time of the fixing of the position; and

vessel course/heading and speed.

receives the position data referred to in paragraph 1 and records them using the following 3 letter codes:

is equipped with computer hardware and software for automatic data processing and electronic data transmission and applies back-up and recovery procedures and records the data received from fishing vessels in computer readable form that it maintains for not less than three years; and

notifies the Commission and EFCA of the FMC name, address, telephone, telex, email or facsimile numbers and any subsequent changes without delay.

its FMC transmits VMS position data to the NAFO Executive Secretary with the Commission and EFCA in copy, as soon as possible, but not later than 24 hours after it receives them and may authorise fishing vessels flying its flag to transmit VMS position data by satellite, email, radio, facsimile or telex, direct to the NAFO Executive Secretary; and

the VMS position data transmitted to the NAFO Executive Secretary are in conformity with the data exchange format set out in Annex II.E to the CEM referred to in point 34 of the Annex to this Regulation and further described in Annex II.D to the CEM referred to in point 31 of the Annex to this Regulation.

ensures that the vessels concerned target species in areas where negligible by-catch of other species is expected to occur;

ensures that the vessel complies with all real-time reporting requirements;

physically inspects or otherwise evaluates as appropriate, following risk assessment, each landing in its ports by the vessel concerned according to national monitoring, control and surveillance procedures. If any infringement to this Regulation is detected and confirmed, it shall prepare an inspection report in the format prescribed in Annex IV.C to the CEM referred to in point 9 of the Annex to this Regulation and transmit it to the Commission as soon as possible after the infringement has been confirmed;

as early as possible in advance of the fishing trip, transmits to the Commission the following information:

submits to the Commission by 15 February each year, for the previous calendar year, a report containing a comparison of all relevant fishing activities showing the difference between the trips where the vessel had an observer on board and those where the observer was withdrawn. The Commission shall transmit that information to the NAFO Executive Secretary by 1 March each year.

each year, before the vessels flying its flag start fishing in the Regulatory Area, send to the Commission an updated list of observers (name and ID if applicable) that it intends to deploy on vessels flying its flag operating in the Regulatory Area;

require vessels flying its flag to carry an observer from the list referred to in point (a), in accordance with the observer programme;

to the extent practicable, ensure that individual observers are not deployed on consecutive trips on the same vessel;

ensure that observers are equipped with an independent two-way communication device at sea;

take appropriate action with respect to vessels flying its flag to ensure safe working conditions, the protection, security and welfare of observers in the performance of their duties, consistent with international standards or guidelines;

ensure that the observers treat all data and information relating to the fishing operations collected during their deployment, including images and videos taken, in accordance with applicable confidentiality requirements;

electronically and without delay following its receipt, transmit to the NAFO Executive Secretary the daily observer report referred to in point (e) of paragraph 11.

treat the report with utmost sensitivity and discretion, in accordance with applicable confidentiality requirements;

assess discrepancies identified in the observer report and conduct any follow-up action deemed appropriate;

create a report on follow-up actions and submit it to the Commission.

without delay, the observer trip report referred to in paragraph 11;

by 15 February each year for the previous calendar year, a report on its compliance with the obligations set out in this Article.

complete the observer trip report as set out in Annex II.M to the CEM referred to in point 35 of the Annex, noting that data collection on Greenland sharks shall be carried out minimising the damage to the sampled individuals;

transmit daily, before 12:00 UTC to the FMC of the flag Member State, in accordance with Annex II.G to the CEM referred to in point 36 of the Annex to this Regulation, the report for the preceding day, by division, whether the vessel was fishing or not;

report without delay to the FMC any discrepancy with this Regulation and any instances of obstruction, intimidation, interference with or otherwise prevention of the observer from performing their duties;

monitor the vessel’s product labelling, production logbook, and stowage plan against the requirements established in Articles 24 and 25, and record in the observer trip report any discrepancies identified;

record any observed interruption or interference with VMS;

submit the information in Annex II.M to the CEM referred to in point 35 of the Annex by electronic means to the FMC and to the port State as soon as possible after leaving the Regulatory Area and at the latest at the arrival of the vessel in port for landing;

make themselves available to inspectors at sea, or in port upon arrival of the vessel, for the purposes of providing information related to the fishing activities of the vessel;

maintain detailed records, including relevant images and video footage, of any circumstances and information related to any instances of discrepancies with this Regulation for transmission to the FMC at the earliest opportunity, and at the latest upon the arrival of the vessel in port for landing.

extend such cooperation and assistance as may be required to enable the observer to carry out his or her duties, including providing the observer with such access as may be required to the catch retained on board and discards and the catch registration documents (e.g. fishing logbook, production logbook, stowage plan);

provide food and accommodation to the observer of a standard no less than that provided to the vessel's officers. If officers' accommodation is not available, the observer shall be provided accommodation of a standard as close to an officer's as practicable but not less than that provided to the crew;

provide access to all operational areas of the vessel necessary for the observer to complete his or her duties, including the vessel's hold(s), production area(s), bridge, garbage processing equipment and navigation and communication equipment;

refrain from, personally or through their agents, employees, or crew members, obstruct, intimidate, interfere with, influence, bribe or attempt to bribe or compromise the safety of an observer in the performance of his/her duties;

include the observer in all emergency drills conducted on-board; and

notify the observer when an inspection party has signalled their intent to board the vessel; and

provide the observer with unhindered independent internet access on board at all times, unless the observer has available a fully operational two-way satellite communication device.

an inspector or other competent authority is present in the Regulatory Area; or

a competent authority is present in the territory of a NAFO Contracting Party adjacent to the Convention Area;

Member States respond without delay to every notice of infringement in the Regulatory Area by a fishing vessel flying their flag.

remain under its operational control;

implement the provisions of the Scheme;

do not carry arms when boarding the vessel;

refrain from enforcing laws and regulations relating to Union waters;

observe generally accepted international regulations, procedures and practices relating to the safety of the vessel being inspected and its crew;

do not interfere with fishing activities or stowage of fishery products and, to the extent practicable, avoid action which would adversely affect the quality of the catch on board; and

open containers in a manner that facilitates their prompt resealing, repacking and eventual re-storage.

the contact information of the competent authority which shall act as the contact point for the purpose of immediate notification of infringements in the Regulatory Area, and any subsequent changes to that information, not less than 15 days before the change comes into effect;

the names of inspectors and inspector trainees and the name, radio call sign and communication contact information of each inspection platform it has assigned to the Scheme. It shall notify changes to the particulars so notified, whenever possible, not less than 60 days in advance.

fill out the Surveillance Report Form in accordance with Annex IV.A to the CEM referred to in point 38 of the Annex to this Regulation. If the inspector has made a volumetric or catch composition evaluation of the content of a haul, the surveillance report shall include all relevant information regarding the composition of the tow, and refer the method used for the volumetric evaluation;

record images of the vessel and record the position, date and time the image was recorded; and

without delay electronically transmit the surveillance report and images to his competent authority.

transmit the surveillance report to EFCA which shall submit it without delay to the NAFO Executive Secretary for transmission to the flag State Contracting Party of the vessel;

transmit a copy of images recorded to EFCA which shall in turn transmit them to the flag State Contracting Party of the vessel or the flag Member State if different from the inspecting Member State;

ensure security and continuity of the evidence for subsequent inspections.

a fishing trip shall be considered to be current where the inspected vessel has on board catch harvested in the Regulatory Area during the trip;

when comparing entries in the production logbook with entries in the fishing logbook the inspectors shall convert production weight into live weight guided by conversion factors set out in Annexes XIII, XIV and XV to Commission Implementing Regulation (EU) No 404/2011 ( 5 ) for Union fishing vessels in respect of species and presentations covered by those Annexes and the conversion factors used by the master of the vessel in other cases;

the inspectors shall:

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send to EFCA the at sea inspection report, if possible within 20 days of the inspection, which shall submit it to the NAFO Executive Secretary;

comply with the procedure referred to in Article 34(2), after the inspectors issue a notice of an infringement.

record the infringement in the inspection report;

enter and sign a notation in the fishing logbook or other relevant document of the inspected vessel indicating the date, geographical coordinates, and nature of the infringement, make a copy of any relevant entry and request that the master of the vessel sign each page to verify that it is a true copy of the original;

record images of any gear, catch, or other evidence the inspector deems necessary relating to the infringement;

affix securely the inspection seal depicted in NAFO Inspection Seal provided in Annex IV.F to the CEM referred to in point 42 of the Annex to this Regulation, as appropriate, and duly note the action taken and the serial number of each seal in the inspection report;

request the master of the vessel:

request that the master of the vessel remove any part of the fishing gear which appears to be unauthorised under this Regulation; and

notify any observer on board of the infringement.

within 24 hours from detection of the infringement, transmit to the Commission and EFCA, which shall in turn transmit to the competent authority of the flag State Contracting Party or Member State if different from the inspecting Member State, and the NAFO Executive Secretary, written notification of the infringement reported by its inspectors. The written notification shall include the information entered in the Infringement section of the inspection report in Annex IV.B to the CEM referred to in point 41 of the Annex to this Regulation, cite the relevant measures and describe in detail the basis for issuing the notice of infringement, and the evidence in support of the notice, and where possible, be accompanied by images of any gear, catch or other evidence relating to the infringement referred to in paragraph 1 of this Article;

within five days of the inspection vessel's return to port, transmit the inspection report to the Commission and EFCA;

fishing the ‘Others’ quota without prior notification to the Commission and EFCA in contravention of Article 5;

fishing an ‘Others’ quota more than five working days following closure of the fishery in contravention of Article 5;

directed fishing for a stock which is subject to a moratorium, or for which fishing is otherwise prohibited, in contravention of Article 6;

directed fishing for stocks or species after the date of closure of the fishery by the flag Member State notified to the Commission, in contravention of Article 6;

fishing in closed area, in contravention of Article 9(5) or Article 18;

fishing with a bottom fishing gear in an area closed to bottom fishing activities, in contravention of Chapter III;

fishing with an unauthorised mesh size, grid or grate bar spacing, or without the use of sorting grids or grates, in contravention of Article 13 or Article 14;

fishing without a valid authorisation;

mis-recording of catches in contravention of Article 25;

failing to carry or interfering with the operation of the satellite monitoring system in contravention of Article 26;

failure to communicate messages relating to catch in contravention of Article 12(1) or Article 25;

obstructing, intimidating, interfering with or otherwise preventing inspectors or observers from performing their duties, or exerting any other form of indirect pressure;

committing an infringement where there is no observer on board;

concealing, tampering with or disposing of evidence relating to an investigation, including the breaking or tampering of seals or gaining access to sealed areas;

presentation of falsified documents or providing false information to an inspector that would prevent a serious infringement from being detected;

landing, transhipment or making use of other port services:

failure to comply with the provisions of Article 41(1);

failure to carry an observer, if this is required.

take all measures necessary to ensure security and continuity of evidence, including, as appropriate, sealing the vessel's hold and/or fishing gear for further inspection;

request that the master of the vessel cease all fishing activity that appears to constitute a serious infringement; and

immediately notify the inspector's competent authority, and transmit to it the information, and where possible images, within 24 hours. The competent authority receiving this information shall notify the flag State Contracting Party or Member State if different from the inspecting Member State in accordance with Article 34.

acknowledge receipt of the related information and images without delay;

ensure the inspected vessel does not resume fishing until further notification;

using all information and material available, review the case and, within 72 hours require the vessel to proceed immediately to a port for a full inspection under its authority, if any of the following serious infringements are apparent:

allow the vessel to resume fishing. In such a case, the flag Member State shall not later than two days following the notice of infringement provide written justification to the Commission on why the vessel has not been ordered to port. The commission shall transmit that justification to the NAFO Executive Secretary; or

require the vessel to proceed immediately to a port for a full physical inspection, under its authority.

investigate fully, including, if necessary, by physically inspecting the fishing vessel at the earliest opportunity;

cooperate with the inspecting NAFO Contracting Party or inspecting Member State if different from the flag Member State to preserve the evidence and the chain of custody in a form that will facilitate proceedings in accordance with its laws;

take immediate judicial or administrative action in conformity with its national legislation against the persons responsible for the vessel; and

ensure that sanctions applicable in respect of infringements, and to the extent possible under national legislation for repeated serious infringements, in particular those identified under Article 35(3), point (c) (iii) and (iv), are adequate in severity to be effective in securing compliance, deterring further infringements or their repetition and depriving the offenders of the benefits accruing from the infringement.

fines;

seizure of the vessel, illegal fishing gear and catches;

suspension or withdrawal of authorisation to conduct fishing activities; and

reduction or cancellation of any fishing allocations;

increased or additional reporting requirements, such as enhanced reporting frequency or additional data to be reported; and

increased or additional monitoring requirements, such as the deployment of an observer or an inspector on board or the installation of remote electronic monitoring implemented in accordance with relevant technical specifications for fishing vessels operating in the Regulatory Area.

the judicial or administrative action and sanctions referred to in points (c) and (d) of paragraph 1;

as soon as practicable but no later than four months following the occurrence of a serious infringement, a report setting out the progress of the investigation, including details of any action it has taken or has initiated in relation to the infringement; and

upon completion of its investigation, a report on the final outcome.

the number of inspections of fishing vessels flying its flag and fishing vessels flying the flag of another NAFO Contracting Party it carried out in the previous calendar year;

the name of every fishing vessel in relation to which its inspectors have issued a notice of infringement, including the date and position of the inspection and the nature of the infringement;

the number of hours flown by its surveillance aircraft on patrol, the number of sightings made by such aircraft, the number of surveillance reports it has transmitted and, for each such report, the date, time and position of the sightings;

the action it has taken during the previous year, including a description of the specific terms of any judicial or administrative actions or sanctions imposed (for example the amount of fines, value of forfeited fish and/or gear, written warnings given), concerning:

the fish concerned shall be kept in storage under the control of the competent authorities;

the fish shall only be released to be sold, taken over, produced, or transported once the confirmation referred to in paragraph 6 has been received;

if the confirmation has not been received within 14 days of completion of the landing operations, the port Member State may confiscate and dispose of the fish in accordance with national rules.

vessels that have been previously denied entry or use of a port in accordance with this Chapter or any other provision of this Regulation; and

requests from other NAFO Contracting Parties, States or Regional Fisheries Management Organisations (‘RFMOs’) that a particular vessel be inspected.

cross-check against the quantities of each species landed or transhipped:

verify and record the quantities by species of catch remaining on board upon completion of landing or transhipment;

verify any information from inspections carried out in accordance with Chapter VII;

verify all nets on board and record mesh size measurements;

verify fish size for compliance with minimum size requirements;

where relevant, verify species for compliance with accuracy of catch declaration.

the inspectors shall identify and provide details of any infringement of this Regulation detected during the port inspection. Details shall include all relevant information available with regard to infringements detected at sea during the current trip of the inspected fishing vessel;

the inspectors may insert any comments they consider relevant;

the master of the vessel shall be given the opportunity to add any comments or objection to the report, and, as appropriate, to contact the relevant authorities of the flag State in particular where the master of the vessel has serious difficulties in understanding the content of the report;

the inspectors shall sign the report and request that the master of the vessel sign the report. The master of the vessel's signature on the report shall serve only as acknowledgment of the receipt of a copy of the report;

the master of the vessel shall be provided with a copy of the report containing the result of the inspection, including possible measures that could be taken.

the fishing vessel declared to have caught the fish had sufficient quota for the species declared;

the declared quantity of fish on board has been duly reported by species and taken into account for the calculation of any catch or effort limitations that may be applicable;

the fishing vessel declared to have caught the fish had authorisation to fish in the areas declared; and

the presence of the vessel in the area in which it has declared to have taken its catch has been verified by VMS data.

Port State Control Prior Request Form PSC 1, as referred to in Annex II.L.A to the CEM shall be used where the vessel is carrying, landing or transhipping its own catch; and

Port State Control Prior Request Form PSC 2, as referred to in Annex II.L.B to the CEM, shall be used where the vessel has engaged in transhipment operations. A separate form shall be used for each donor vessel;

both forms PSC 1 and PSC 2 shall be completed in cases where a vessel carries, lands or tranships its own catch and catch that was received through transhipment.

cooperate with and assist in the inspection of the fishing vessel conducted in accordance with these procedures and shall not obstruct, intimidate or interfere with the port State inspectors in the performance of their duties;

provide access to any areas, decks, rooms, catch, nets or other gear or equipment, and provide any relevant information which the port State inspectors request, including copies of any relevant documents.

forward without delay to the flag State of the vessel and to the Commission the information it has received pursuant to Article 41;

refuse port entry to any non-Contracting Party vessel where:

inform the master of the vessel or agent, the flag State of that vessel, and the Commission of its decision to refuse port entry, landing, transhipment or other use of port of any non-Contracting Party vessel;

withdraw denial of port entry only if the port State has determined there is sufficient proof that the grounds on which entry was denied were inadequate or erroneous or that such grounds no longer apply;

inform the master of the vessel or agent, the flag State of that vessel, and the Commission of its decision to withdraw denial of port entry, landing, transhipment or other use of port of any non-Contracting Party vessel;

where it permits entry, ensure the vessel is inspected by duly authorised officials knowledgeable in this Regulation and that the inspection is carried out in accordance with Article 39(11) to (17); and

send a copy of the inspection report and details of any subsequent action it has taken to the Commission without delay.

the list of activities of research vessels referred to in Article 4(1);

measures provided for in Article 9 relating to Northern prawn fishing areas; relevant reporting, change of fishery, fishing depths and references to restricted or closed areas;

procedures concerning vessels with more than 50 tonnes live weight total catch on board, entering the Regulatory Area to fish for Greenland halibut as regards the content of notifications provided for in Article 10(2), points (a) and (b), conditions for commencement of fishing provided for in Article 10(2), point (d), and provisions on landing and inspection concerning Greenland halibut provided for in Article 10(1), point (e);

the content of the electronic transmission set out in Article 22(5), the list of valid documents to be carried on board a vessel in accordance with Article 22(8) and the content of the capacity plan described in Article 22(10);

documentation to be carried on board a chartered vessel in accordance with Article 23(9);

the VMS data to be transmitted by automatic continuous transmission as set out in Article 26(1), as well as duties concerning FMC as set out in Article 26(2) and (9);

percentage rates for observer coverage as set out in Article 27(3), reporting by Member States as set out in Article 27(7), duties of an observer as set out in Article 27(11), and duties of the master of the vessel as set out in in Article 27(12);

obligations of the master of the vessel during inspection, as set out in Article 32;

mesh sizes set out in Article 13(2);

technical specifications for sorting grids, grates and toggle chains in the Northern prawn fishery set out in Article 14(2) as well as technical specifications for sorting grids or attachments set out in Article 14(3) or (3a);

area or period restrictions for bottom fishing activities set out in Article 18;

control measures for cod in Division 3M as provided for in Article 9a;

flag Member State duties in relation to research plans referred to in Article 4(2);

requirements for vessels engaged in the research referred to in Article 4(3), (4), and (5).