2009R0217 — EN — 01.07.2013 — 001.001

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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B	REGULATION (EC) No 217/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic (recast) (Text with EEA relevance) (OJ L 087, 31.3.2009, p.42)

Amended by:

		Official Journal
		No	page	date
►M1	COUNCIL REGULATION (EU) No 517/2013 of 13 May 2013	L 158	1	10.6.2013

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▼B

REGULATION (EC) No 217/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2009

on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic (recast)

(Text with EEA relevance)

Article 1

Each Member State shall submit to the Commission data on the catches by vessels registered in, or flying the flag of, that Member State fishing in the north-west Atlantic, with due regard to Council Regulation (Euratom, EEC) No 1588/90 of 11 June 1990 on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities ( 6 ).

The nominal catch data shall include all fishery products landed or transhipped at sea in no matter what form but shall exclude quantities which, subsequent to capture, are discarded at sea, consumed on board or used as bait on board. Aquaculture production shall be excluded. The data shall be recorded as the live weight equivalent of the landings or transhipments, to the nearest tonne.

Article 2

1.  The data to be submitted shall be of two types:

2.  The data referred to in point (a) of paragraph 1 shall be submitted by 31 May of the year following the reference year and may be preliminary data. The data referred to in point (b) of paragraph 1 shall be submitted by 31 August of the year following the reference year and shall be definitive data.

The data referred to in point (a) of paragraph 1 and submitted as preliminary data should be clearly identified as such.

No submissions shall be required for species/fishing region combinations for which no catches were recorded in the reference period of the submission.

Should the Member State concerned not have fished in the north-west Atlantic in the preceding calendar year, it shall inform the Commission thereof by 31 May of the following year.

3.  The definitions and codes to be used in submitting information on fishing activity, fishing gear, method of fishing and vessel size are given in Annex IV.

4.  The Commission may amend the lists of species and statistical fishing regions and the descriptions of those regions, as well as the measures, codes and definitions applied to fishing activity, fishing gear, vessel sizes and methods of fishing.

Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 6(2).

Article 3

Except where provisions adopted under the common fisheries policy dictate otherwise, a Member State shall be permitted to use sampling techniques to derive catch data for those parts of the fishing fleet for which the complete coverage of the data would involve the excessive application of administrative procedures. The details of the sampling procedures, together with details of the proportion of the total data derived by such techniques, must be included by the Member State in the report submitted pursuant to Article 7(1).

Article 4

Member States shall fulfil their obligations to the Commission pursuant to Articles 1 and 2 by submitting the data in the format shown in Annex V.

Member States may submit data in the format detailed in Annex VI.

With the prior approval of the Commission, Member States may submit data in a different form or on a different medium.

Article 5

Within 24 hours of receipt of the reports, whenever possible, the Commission shall transmit the information contained therein to the Executive Secretary of NAFO.

Article 6

1.  The Commission shall be assisted by the Standing Committee for Agricultural Statistics, set up by Council Decision 72/279/EEC ( 7 ), hereinafter referred to as ‘the Committee’.

2.  Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 7

1.  By 28 July 1994, Member States shall submit a detailed report to the Commission describing how the data on catches and fishing activity are derived and specifying the degree of representativeness and reliability of those data. The Commission, in collaboration with the Member States, shall draw up a summary of those reports.

2.  Member States shall inform the Commission of any modifications to the information provided under paragraph 1 within three months of their introduction.

3.  Methodological reports, data availability and data reliability referred to in paragraph 1 and other relevant issues connected with the application of this Regulation shall be examined once a year within the competent working group of the Committee.

Article 8

1.  Regulation (EEC) No 2018/93 is hereby repealed.

2.  References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VIII.

Article 9

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

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

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ANNEX I

LIST OF SPECIES WHICH HAVE BEEN REPORTED IN THE COMMERCIAL CATCH STATISTICS FOR THE NORTH-WEST ATLANTIC

Member States must report the nominal catches of those species marked with an asterisk (*). The reporting of nominal catches of the remaining species is optional as concerns the identification of the individual species. However, where data for individual species are not submitted the data shall be included in aggregate categories. Member States may submit data for species not in the list provided that the species are clearly identified.

Note

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‘n.e.i.’ is the abbreviation for ‘not elsewhere identified’.

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ANNEX II

STATISTICAL FISHING AREAS OF THE NORTH-WEST ATLANTIC FOR WHICH DATA ARE TO BE SUBMITTED

Sub-area 0

Sub-area 1

Sub-area 2

Sub-area 3

Sub-area 4

Sub-area 5

Sub-area 6

Statistical fishing areas for the north-west Atlantic

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ANNEX III

DESCRIPTION OF THE NAFO SUB-AREAS AND DIVISIONS USED FOR THE PURPOSE OF FISHERY STATISTICS AND REGULATIONS IN THE NORTH-WEST ATLANTIC

The scientific and statistical sub-areas, divisions and subdivisions provided for by Article XX of the Convention of the Northwest Atlantic Fisheries Organisation are as follows:

Sub-area 0

That portion of the convention area bounded on the south by a line extending due east from a point at 61°00′ north latitude and 65°00′ west longitude to a point at 61°00′ north latitude and 59°00′ west longitude, thence in a south-easterly direction along a rhumb line to a point at 60°12′ north latitude and 57°13′ west longitude; thence bounded on the east by a series of geodesic lines joining the following points:

and thence due north to the parallel of 78°10′ north latitude; and bounded on the west by a line beginning at 61°00′ north latitude and 65°00′ west longitude and extending in a north-westerly direction along a rhumb line to the coast of Baffin Island at East Bluff (61°55′ north latitude and 66°20′ west longitude), and thence in a northerly direction along the coast of Baffin Island, Bylot Island, Devon Island and Ellesmere Island and following the meridian of 80° west longitude in the waters between those islands to 78°10′ north latitude; and bounded on the north by the parallel of 78°10′ north latitude.

Sub-area 0 is composed of two divisions

Division 0A

That portion of the sub-area lying to the north of the parallel of 66°15′ north latitude.

Division 0B

That portion of the sub-area lying to the south of the parallel of 66°15′ north latitude.

Sub-area 1

That portion of the convention area lying to the east of sub-area 0 and to the north and east of a rhumb line joining a point at 60°12′ north latitude and 57°13′ west longitude with a point at 52°15′ north latitude and 42°00′ west longitude.

Sub-area 1 is composed of six divisions

Division 1A

That portion of the sub-area lying north of the parallel of 68°50′ north latitude (Christianshaab).

Division 1B

That portion of the sub-area lying between the parallel of 66°15′ north latitude (5 nautical miles north of Umanarsugssuak) and the parallel of 68°50′ north latitude (Christianshaab).

Division 1C

That portion of the sub-area lying between the parallel of 64°15′ north latitude (4 nautical miles north of Godthaab) and the parallel of 66°15′ north latitude (5 nautical miles north of Umanarsugssuak).

Division 1D

That portion of the sub-area lying between the parallel of 62°30′ north latitude (Frederikshaab Glacier) and the parallel of 64°15′ north latitude (4 nautical miles north of Godthaab).

Division 1E

That portion of the sub-area lying between the parallel of 60°45′ north latitude (Cape Desolation) and the parallel of 62°30′ north latitude (Frederikshaab Glacier).

Division 1F

That portion of the sub-area lying south of the parallel of 60°45′ north latitude (Cape Desolation).

Sub-area 2

That portion of the convention area lying to the east of the meridian of 64°30′ west longitude in the area of Hudson Strait, to the south of sub-area 0, to the south and west of sub-area 1 and to the north of the parallel of 52°15′ north latitude.

Sub-area 2 is composed of three divisions

Division 2G

That portion of the sub-area lying north of the parallel of 57°40′ north latitude (Cape Mugford).

Division 2H

That portion of the sub-area lying between the parallel of 55°20′ north latitude (Hopedale) and the parallel of 57°40′ north latitude (Cape Mugford).

Division 2J

That portion of the sub-area lying south of the parallel of 55°20′ north latitude (Hopedale).

Sub-area 3

That portion of the convention area lying south of the parallel of 52°15′ north latitude, and to the east of a line extending due north from Cape Bauld on the north coast of Newfoundland to 52°15′ north latitude; to the north of the parallel of 39°00′ north latitude; and to the east and north of a rhumb line commencing at 39°00′ north latitude, 50°00′ west longitude and extending in a north-westerly direction to pass through a point at 43°30′ north latitude, 55°00′ west longitude in the direction of a point at 47°50′ north latitude, 60°00′ west longitude until it intersects a straight line connecting Cape Ray, 47°37,0′ north latitude; 59°18,0′ west longitude on the coast of Newfoundland, with Cape North, 47°02,0′ north latitude; 60°25,0′ west longitude on Cape Breton Island; thence in a north-easterly direction along said line to Cape Ray, 47°37,0′ north latitude, 59°18,0′ west longitude.

Sub-area 3 is composed of six divisions

Division 3K

That portion of the sub-area lying north of the parallel of 49°15′ north latitude (Cape Freels, Newfoundland).

Division 3L

That portion of the sub-area lying between the Newfoundland coast from Cape Freels to Cape St Mary and a line described as follows: beginning at Cape Freels, thence due east to the meridian of 46°30′ west longitude, thence due south to the parallel of 46°00′ north latitude, thence due west to the meridian of 54°30′ west longitude, thence along a rhumb line to Cape St Mary, Newfoundland.

Division 3M

That portion of the sub-area lying south of the parallel of 49°15′ north latitude and east of the meridian of 46°30′ west longitude.

Division 3N

That portion of the sub-area lying south of the parallel of 46°00′ north latitude and between the meridian of 46°30′ west longitude and the meridian of 51°00′ west longitude.

Division 3O

That portion of the sub-area lying south of the parallel of 46°00′ north latitude and between the meridian of 51°00′ west longitude and the meridian of 54°30′ west longitude.

Division 3P

That portion of the sub-area lying south of the Newfoundland coast and west of a line from Cape St Mary, Newfoundland to a point at 46°00′ north latitude, 54°30′ west longitude, thence due south to a limit of the sub-area.

Division 3P is divided into two subdivisions:

3Pn — north-western subdivision — that portion of division 3P lying north-west of a line extending from 47°30,7′ north latitude; 57°43,2′ west longitude, approximately south-west to a point at 46°50,7′ north latitude and 58°49,0′ west longitude;

3Ps — south-eastern subdivision — that portion of division 3P lying south-east of the line defined for subdivision 3Pn.

Sub-area 4

That portion of the convention area lying north of the parallel of 39°00′ north latitude, to the west of sub-area 3, and to the east of a line described as follows:

beginning at the terminus of the international boundary between the United States of America and Canada in Grand Manan Channel, at a point at 44°46′35,346″ north latitude; 66°54′11,253″ west longitude; thence due south to the parallel of 43°50′ north latitude; thence due west to the meridian of 67°24′27,24″ west longitude; thence along a geodetic line in a south-westerly direction to a point at 42°53′14″ north latitude and 67°44′35″ west longitude; thence along a geodetic line in a south-easterly direction to a point at 42°31′08″ north latitude and 67°28′05″ west longitude; thence along a geodetic line to a point at 42°20′ north latitude and 67°18′13,15″ west longitude;

thence due east to a point at 66°00′ west longitude; thence along a rhumb line in a south-easterly direction to a point at 42°00′ north latitude and 65°40′ west longitude and thence due south to the parallel of 39°00′ north latitude.

Sub-area 4 is composed of six divisions

Division 4R

That portion of the sub-area lying between the coast of Newfoundland from Cape Bauld to Cape Ray and a line described as follows: beginning at Cape Bauld, thence due north to the parallel of 52°15′ north latitude, thence due west to the Labrador coast, thence along the Labrador coast to the terminus of the Labrador-Quebec boundary, thence along a rhumb line in a south-westerly direction to a point at 49°25′ north latitude, 60°00′ west longitude, thence due south to a point at 47°50′ north latitude, 60°00′ west longitude, thence along a rhumb line in a south-easterly direction to the point at which the boundary of sub-area 3 intersects the straight line joining Cape North, Nova Scotia with Cape Ray, Newfoundland, thence to Cape Ray, Newfoundland.

Division 4S

That portion of the sub-area lying between the south coast of Quebec from the terminus of the Labrador-Quebec boundary to Pointe-des-Monts and a line described as follows: beginning at Pointe-des-Monts, thence due east to a point at 49°25′ north latitude, 64°40′ west longitude, thence along a rhumb line in an east-south-easterly direction to a point at 47°50′ north latitude, 60°00′ west longitude, thence due north to a point at 49°25′ north latitude, 60°00′ west longitude, thence along a rhumb line in a north-easterly direction to the terminus of the Labrador-Quebec boundary.

Division 4T

That portion of the sub-area lying between the coasts of Nova Scotia, New Brunswick and Quebec from Cape North to Pointe-des-Monts and a line described as follows: beginning at Pointe-des-Monts, thence due east to a point at 49°25′ north latitude, 64°40′ west longitude, thence along a rhumb line in a south-easterly direction to a point at 47°50′ north latitude, 60°00′ west longitude, thence along a rhumb line in a southerly direction to Cape North, Nova Scotia.

Division 4V

That portion of the sub-area lying between the coast of Nova Scotia between Cape North and Fourchu and a line described as follows: beginning at Fourchu, thence along a rhumb line in an easterly direction to a point at 45°40′ north latitude, 60°00′ west longitude, thence due south along the meridian of 60°00′ west longitude to the parallel of 44°10′ north latitude, thence due east to the meridian of 59°00′ west longitude, thence due south to the parallel of 39°00′ north latitude, thence due east to a point where the boundary between sub-areas 3 and 4 meets the parallel of 39°00′ north latitude, thence along the boundary between sub-areas 3 and 4 and a line continuing in a north-westerly direction to a point at 47°50′ north latitude, 60°00′ west longitude, and thence along a rhumb line in a southerly direction to Cape North, Nova Scotia.

Division 4V is divided into two subdivisions:

4Vn — northern subdivision — that portion of division 4V lying north of the parallel of 45°40′ north latitude;

4Vs — southern subdivision — that portion of division 4V lying south of the parallel of 45°40′ north latitude.

Division 4W

That portion of the sub-area lying between the coast of Nova Scotia from Halifax to Fourchu and a line described as follows: beginning at Fourchu, thence along a rhumb line in an easterly direction to a point at 45°40′ north latitude, 60°00′ west longitude, thence due south along the meridian of 60°00′ west longitude to the parallel of 44°10′ north latitude, thence due east to the meridian of 59°00′ west longitude, thence due south to the parallel of 39°00′ north latitude, thence due west to the meridian of 63°20′ west longitude, thence due north to a point on that meridian at 44°20′ north latitude, thence along a rhumb line in a north-westerly direction to Halifax, Nova Scotia.

Division 4X

That portion of the sub-area lying between the western boundary of sub-area 4 and the coasts of New Brunswick and Nova Scotia from the terminus of the boundary between New Brunswick and Maine to Halifax, and a line described as follows: beginning at Halifax, thence along a rhumb line in a south-easterly direction to a point at 44°20′ north latitude, 63°20′ west longitude, thence due south to the parallel of 39°00′ north latitude, and thence due west to the meridian of 65°40′ west longitude.

Sub-area 5

That portion of the convention area lying to the west of the western boundary of sub-area 4, to the north of the parallel of 39°00′ north latitude, and to the east of the meridian of 71°40′ west longitude.

Sub-area 5 is composed of two divisions

Division 5Y

That portion of the sub-area lying between the coasts of Maine, New Hampshire and Massachusetts from the border between Maine and New Brunswick to 70°00′ west longitude on Cape Cod (at approximately 42° north latitude) and a line described as follows: beginning at a point on Cape Cod at 70° west longitude (at approximately 42° north latitude), thence due north to 42°20′ north latitude, thence due east to 67°18′13,15″ west longitude at the boundary of sub-areas 4 and 5, and thence along that boundary to the boundary of Canada and the United States.

Division 5Z

That portion of the sub-area lying to the south and east of division 5Y.

Division 5Z is divided into two subdivisions: an eastern subdivision and a western subdivision defined as follows:

5Ze — eastern subdivision — that portion of division 5Z lying east of the meridian of 70°00′ west longitude;

Subdivision 5Ze is sub-divided into two sub-units ( 8 ):

5Zu (United States waters) is that part of subdivision 5Ze to the west of the geodetic lines connecting the points with the following coordinates:

5Zc (Canadian waters) is that part of subdivision 5Ze to the east of the abovementioned geodetic lines;

5Zw — western subdivision — that portion of division 5Z lying west of the meridian of 70°00′ west longitude.

Sub-area 6

That part of the convention area bounded by a line beginning at a point on the coast of Rhode Island at 71°40′ west longitude, thence due south to 39°00′ north latitude, thence due east to 42°00′ west longitude, thence due south to 35°00′ north latitude, thence due west to the coast of North America, thence northwards along the coast of North America to the point on Rhode Island at 71°40′ west longitude.

Sub-area 6 is composed of eight divisions

Division 6A

That portion of the sub-area lying to the north of the parallel of 39°00′ north latitude and to the west of sub-area 5.

Division 6B

That portion of the sub-area lying to the west of 70°00′ west longitude, to the south of the parallel of 39°00′ north latitude, and to the north and west of a line running westward along the parallel of 37°00′ north latitude to 76°00′ west longitude and thence due south to Cape Henry, Virginia.

Division 6C

That portion of the sub-area lying to the west of 70°00′ west longitude and to the south of division 6B.

Division 6D

That portion of the sub-area lying to the east of divisions 6B and 6C and to the west of 65°00′ west longitude.

Division 6E

That portion of the sub-area lying to the east of division 6D and to the west of 60°00′ west longitude.

Division 6F

That portion of the sub-area lying to the east of division 6E and to the west of 55°00′ west longitude.

Division 6G

That portion of the sub-area lying to the east of division 6F and to the west of 50°00′ west longitude.

Division 6H

That portion of the sub-area lying to the east of division 6G and to the west of 42°00′ west longitude.

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ANNEX IV

DEFINITIONS AND CODING TO BE USED IN THE SUBMISSION OF CATCH DATA

(A)   LIST OF FISHING GEAR/FISHING VESSEL CATEGORIES

(from the International Standard Statistical Classification of Fishing Gears (ISSCFG))

(B)   DEFINITIONS OF FISHING EFFORT MEASURES FOR GEAR CATEGORIES

Three levels of precisions of fishing effort should be provided, where possible.

Category A

Category B

Numbers of days fished: the number of days on which fishing took place. For those fisheries in which searching is a substantial part of the fishing operation, days in which searching but no fishing took place should be included in ‘days fished’ data.

Category C

For number of days on ground in addition to days fished and searching also all other days while the vessel was on the ground should be included.

Per cent of estimated effort (prorated effort)

Since corresponding effort measures may not be available for the total catch, the percentage of the effort that has been estimated should be indicated. This is calculated from:

(((Total catch) - (Catch for which effort has been recorded)) × 100)/(Total catch)

(C)   VESSEL SIZE CATEGORIES

(from the International Standard Statistical Classification of Fishing Vessels (ISSCFV))

Tonnage classes

(D)   MAIN SPECIES SOUGHT

This is the species to which the fishing was principally directed. However, it may not correspond with the species which formed the greater part of the catch. The species should be indicated using the 3-alpha identifier (see Annex I).

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ANNEX V

FORMAT FOR THE SUBMISSION OF DATA ON MAGNETIC MEDIA

(A)   MAGNETIC MEDIA

(B)   CODING FORMAT

For submissions pursuant to Article 2(1)(a)

For submissions pursuant to Article 2(1)(b)

Notes

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ANNEX VI

FORMAT FOR THE SUBMISSION OF DATA ON MAGNETIC MEDIA

A.   CODING FORMAT

For submissions pursuant to Article 2(1)(a)

The data should be submitted as variable length records with a colon (:) between the fields of the record. The following fields should be included in each record:

For submissions pursuant to Article 2(1)(b)

The data should be submitted as variable length records with a colon (:) between the fields of the record. The following fields should be included in each record:

B.   METHOD OF TRANSMISSION OF THE DATA TO THE EUROPEAN COMMISSION

As far as is possible, the data should be transmitted in an electronic format (for example as an e-mail attachment).

Failing this, the submission of a file on a 3,5" HD floppy disk will be accepted.

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ANNEX VII

Repealed Regulation with list of its successive amendments

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ANNEX VIII

Correlation table

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( 1 ) Opinion of the European Parliament of 17 June 2008 (not yet published in the Official Journal) and Council Decision of 26 February 2009.

( 2 ) OJ L 186, 28.7.1993, p. 1.

( 3 ) See Annex VI.

( 4 ) OJ L 378, 30.12.1978, p. 1.

( 5 ) OJ L 184, 17.7.1999, p. 23.

( 6 ) OJ L 151, 15.6.1990, p. 1.

( 7 ) OJ L 179, 7.8.1972, p. 1.

( 8 ) These two sub-units are not recorded in the sixth publication of the NAFO Convention (May 2000). However, following a proposal of the NAFO Scientific Council, they were approved by the NAFO General Council pursuant to Article XX(2) of the NAFO Convention.