02010R1236 — EN — 05.02.2016 — 003.001
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REGULATION (EU) No 1236/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 December 2010 (OJ L 348 31.12.2010, p. 17) |
Amended by:
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Official Journal |
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No |
page |
date |
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COMMISSION DELEGATED REGULATION (EU) No 603/2012 of 30 April 2012 |
L 177 |
9 |
7.7.2012 |
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COMMISSION DELEGATED REGULATION (EU) 2015/1341 of 12 March 2015 |
L 207 |
32 |
4.8.2015 |
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REGULATION (EU) 2016/96 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 January 2016 |
L 26 |
13 |
2.2.2016 |
REGULATION (EU) No 1236/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 December 2010
laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation lays down the general rules and conditions for the application by the Union of the Scheme adopted by NEAFC.
Article 2
Scope
Unless otherwise stated, this Regulation shall apply to all EU vessels used or intended for use for fishing activities carried out in respect of fishery resources in the Regulatory Area.
Article 3
Definitions
For the purpose of this Regulation, the following definitions shall apply:
‘Convention’ means the Convention on future multilateral cooperation in North-East Atlantic fisheries, as amended;
‘Convention Area’ means the Convention Area as defined in Article 1(1) of the Convention;
‘Regulatory Area’ means the waters of the Convention Area which lie beyond the waters under the fisheries jurisdiction of the Contracting Parties;
‘Contracting Parties’ means the Contracting Parties to the Convention;
‘NEAFC’ means the North-East Atlantic Fisheries Commission;
‘fishing activities’ means fishing, including joint fishing operations, fish processing operations, the transhipment or landing of fishery resources or products thereof and any other commercial activity in preparation for, or related to, fishing, including packaging, transporting, refuelling or resupplying;
‘fishery resources’ means the resources referred to in Article 1(2) of the Convention;
‘regulated resources’ means those fishery resources which are subject to recommendations under the Convention and are listed in the Annex;
‘fishing vessel’ means any vessel used or intended for use for the purposes of the commercial exploitation of fishery resources, including fish processing vessels and vessels engaged in transhipment;
‘non-Contracting Party vessel’ means any vessel engaged in fishing activities that is not flagged in a Contracting Party, including vessels for which there are reasonable grounds for suspecting them to be without nationality;
‘joint fishing operation’ means any operations between two or more vessels where catch is taken from the fishing gear of one fishing vessel to another;
‘transhipment operation’ means the unloading of all or any fishery products on board a fishing vessel onto another fishing vessel;
‘port’ means any place on shore used for landing or for the provision of services in relation to, or in support of, fishing activities, or a place on or close to the shore designated by a Contracting Party for transhipping of fishery resources.
Article 4
Contact points
CHAPTER II
MONITORING MEASURES
Article 5
Union participation
Article 6
Marking of gear
Article 7
Retrieval of lost gear
Article 8
Recording of catches
In addition to the information specified in Article 6 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy ( 9 ), the masters of EU fishing vessels shall record, either in a bound paginated fishing logbook or by electronic means, the following:
each entry into and exit from the Regulatory Area;
on a daily basis and/or for each haul the estimated cumulative catches retained on board since the last entry into the Regulatory Area;
on a daily basis and/or for each haul the amount of fish discarded;
immediately after each communication pursuant to Article 9, the date and time, according to Universal Coordinated Time (UTC), of transmission of a report and, in the case of radio transmission, the name of the radio station through which the report was transmitted;
the fishing depth, where appropriate.
The masters of EU fishing vessels engaged in fishing activities carried out in respect of regulated resources and which process and/or freeze their catch shall:
record their cumulative production by species and product form in a production logbook; and
stow in the hold all processed catch in such a way that the location of each species can be identified from a stowage plan maintained on board the fishing vessel.
By way of derogation from paragraph 1, Member States may exempt from the obligation to record in a fishing logbook or electronically a vessel engaged in transhipment operations which on-loads quantities on board. Vessels benefiting from this derogation shall specify in a stowage plan the location in the hold of frozen fish referred to in Article 14(1) and record in a production logbook:
the date and time, according to UTC, of transmission of a report referred to in Article 9;
in the case of radio transmission, the name of the radio station through which the report was transmitted;
the date and time, according to UTC, of the transhipment operation;
the location (latitude/longitude) of the transhipment operation;
the quantities of each species on-loaded;
the name and international radio call sign of the fishing vessel from which the catch has been off-loaded.
Article 9
Reporting of catches of regulated resources
The masters of EU fishing vessels engaged in fishing activities carried out in respect of regulated resources shall communicate catch reports by electronic means to their Fisheries Monitoring Centre, as defined in point (15) of Article 4 of Regulation (EC) No 1224/2009. The data contained in such reports shall be accessible to the Commission on request. Reports shall include the following:
reports on the quantities held on board when entering the Regulatory Area. Such reports shall be transmitted no earlier than 12 hours and no later than 2 hours before each entry into the Regulatory Area;
reports on weekly catches. Such reports shall be transmitted for the first time no later than the end of the seventh day following the entry of the vessel into the Regulatory Area or, when fishing trips take more than 7 days, no later than Monday noon for catches taken in the Regulatory Area during the preceding week ending at midnight on Sunday. This report shall include the number of fishing days since the start of fishing, or since the last catch report;
reports on catches on board when exiting the Regulatory Area. Such reports shall be transmitted no earlier than 8 hours and no later than 2 hours before each departure from the Regulatory Area. Such reports shall include, where appropriate, the number of fishing days and the catch taken in the Regulatory Area since the start of fishing, or since the last catch report;
reports on the quantities on-loaded and off-loaded for each transhipment of fish during the vessel’s stay in the Regulatory Area. Donor vessels shall make this report no later than 24 hours before the transhipment, and receiving vessels no later than 1 hour after the transhipment. The report shall include the date, time and geographical position of the planned transhipment as well as the total round weight by species which are to be off-loaded or which have been on-loaded in kilograms and the call signs of the donor and receiving vessels. ►M3 Without prejudice to Chapter IV, at least 24 hours before any landing, the receiving vessel shall report the total catch on board, the total weight to be landed, the name of the port and the estimated date and time of landing, regardless of whether the landing is to take place in a port inside or outside the Convention Area. ◄
Article 10
Global reporting of catches and fishing effort
The list of the fishery resources referred to in paragraph 1 shall be adopted in accordance with the procedure laid down in Articles 46 to 49.
Article 11
Vessel Monitoring System
Member States shall ensure the automatic and electronic transmission to the NEAFC Secretary of information obtained by the vessel monitoring system (VMS) concerning vessels flying their flag which fish or plan to fish in the Regulatory Area. The format and the specifications of these transmissions shall be determined in accordance with Article 50(2).
In respect of bottom fishing in the Regulatory Area, the following additional provisions shall apply:
each Member State shall implement an automatic system able to monitor and detect possible bottom fishing in areas outside the existing bottom fishing areas, and possible fishing inside closed areas;
each Member State shall ensure that delimitations of closed areas are installed in their vessel monitoring systems according to coordinates contained in recommendations adopted by NEAFC.
Article 12
Communication of information
If a report requires a correction, it shall be cancelled by way of a cancellation report. A new, corrected report shall be sent after the cancellation report and within the time limits set out in Article 9.
If the Fisheries Monitoring Centre of the flag Member State accepts the cancellation of a report, it shall communicate it to the NEAFC Secretary.
Article 13
Transhipments and joint fishing operations
Article 14
Separate stowage
Article 15
Labelling of frozen fish
When frozen, all fish caught in the Convention Area shall be identified with a clearly legible label or stamp. The label or stamp shall be placed at the time of stowage on each box or block of frozen fish and shall indicate the species, the production date, the ICES sub-area and division where the catch was taken and the name of the vessel which caught the fish.
CHAPTER III
INSPECTIONS AT SEA
Article 16
NEAFC inspectors
Article 17
General provisions for inspection and surveillance
Where at any time more than ten EU fishing vessels are engaged in fishing activities carried out in respect of regulated resources in the Regulatory Area, the Commission or the body designated by it shall ensure that an inspection vessel from a Member State is present during that time in the Regulatory Area or that an agreement has been concluded with another Contracting Party to ensure the presence of an inspection vessel.
Article 18
Means to carry out inspection
Article 19
Surveillance procedure
Article 20
Inspection procedure
Article 21
Obligations of the master of the vessel during the inspection procedure
The master of a fishing vessel shall:
facilitate prompt and safe boarding and disembarkation pursuant to specifications adopted in accordance with Article 50(2);
cooperate with and assist in the inspection of the fishing vessel conducted pursuant to this Regulation, not obstruct, intimidate or interfere with the NEAFC inspectors in the performance of their duties and ensure their safety;
allow the NEAFC inspectors to communicate with the authorities of the flag state and the inspecting state;
provide access to any areas, decks and rooms of the fishing vessel, catch (whether processed or not), nets or other gear, equipment, and to any relevant information or documents which the NEAFC inspectors deem necessary in accordance with Article 20(2);
provide copies of documents as required by the NEAFC inspectors; and
provide NEAFC inspectors with reasonable facilities, including, where appropriate, food and accommodation when they remain on board the vessel in accordance with Article 32(3).
CHAPTER IV
PORT STATE CONTROL OF FISH CAUGHT BY VESSELS FLYING THE FLAG OF ANOTHER CONTRACTING PARTY
Article 22
Scope
Without prejudice to Regulation (EC) No 1224/2009 and Council Regulation (EC) No 1005/2008 ( 11 ), the provisions set out in this Chapter shall apply to the use of ports of Member States by fishing vessels carrying on board fishery resources, caught in the Convention Area by fishing vessels flying the flag of another Contracting Party, that have not been previously landed or transhipped at a port.
Article 23
Designated ports
Member States shall designate and notify the Commission of ports where the landing or transhipment of fishery resources, caught in the Convention Area by fishing vessels flying the flag of another Contracting Party, or the provision of port services to such vessels are permitted. The Commission shall notify the NEAFC Secretary of those ports and of any changes to the list of ports designated at least 15 days before the change comes into force.
Landings and transhipments of fish caught in the Convention Area by fishing vessels flying the flag of another Contracting Party as well as the provision of port services to such vessels shall be allowed only in designated ports.
Article 24
Prior notification of entry into port
However, a Member State may make provision for another notification period, taking into account, in particular, the type of processing of the fish caught or the distance between the fishing grounds and its ports. In such a case, the Member State shall inform the Commission, or the body designated by it, and the NEAFC Secretary thereof without delay.
However, a Member State may make provision for another notification period for cancellation. In such a case, the Member State shall inform the Commission, or the body designated by it, and the NEAFC Secretary thereof without delay.
As far as necessary, further detailed rules on the notification and cancellation procedures under this Article, including periods, shall be adopted in accordance with the procedure laid down in Articles 46 to 49.
Article 25
Authorisation to land or tranship and of other use of port
In response to a notification transmitted pursuant to Article 24, the flag state of the fishing vessel intending to land or tranship or, where the fishing vessel has engaged in transhipment operations outside Union waters, the flag state or states of the donor vessels, shall, by completing the prior notification referred to in Article 24, confirm that:
the fishing vessel which declared having caught the fish had sufficient quota for the species declared;
the quantities of fish on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable;
the fishing vessel which declared having caught the fish had authorisation to fish in the areas declared;
the presence of the fishing vessel in the area of catch declared has been verified according to VMS data.
Article 26
Port inspections
Article 27
Inspection reports
CHAPTER V
INFRINGEMENTS
Article 28
Scope
Without prejudice to Regulation (EC) No 1224/2009 and to Regulation (EC) No 1005/2008 the provisions set out in this Chapter shall apply to EU fishing vessels and to fishing vessels flying the flag of another Contracting Party used or intended for use for fishing activities carried out in respect of fishery resources in the Regulatory Area.
Article 29
Infringement procedures
Where inspectors find that there are clear grounds for believing that a fishing vessel has engaged in any activity contrary to the conservation and management measures adopted by NEAFC they shall:
record the infringement in the report referred to in Articles 19(2), 20(9) or 27;
take all necessary measures to ensure security and continuity of the evidence. An identification mark may be affixed securely to any part of the fishing gear which appears to the inspector to be or to have been in contravention of applicable measures;
attempt immediately to communicate with an inspector or designated authority of the flag state of the inspected fishing vessel;
transmit the inspection report promptly to the Commission or the body designated by it.
Where appropriate, the Member State carrying out the inspection shall also communicate the findings of that inspection to the Contracting Party in whose waters the infringement took place and the state of which the vessel’s master is a national.
Article 30
Follow-up in the case of infringement
Article 31
Serious infringements
For the purpose of this Regulation, the following infringements shall be considered to be serious:
fishing without a valid authorisation issued by the flag state;
fishing without quota or after its exhaustion;
use of prohibited fishing gear;
serious misrecording of catches;
repeated failure to comply with Articles 9 or 11;
landing or transhipping in a port not designated in accordance with Article 23;
failure to comply with Article 24;
landing or transhipment without authorisation of the port state as referred to in Article 25;
preventing an inspector from carrying out his duties;
directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited;
falsifying or concealing the markings, identity or registration of a fishing vessel;
concealing, tampering with or disposing of evidence relating to an investigation;
multiple violations which together constitute a serious disregard of conservation and management measures;
engaging in transhipment or joint fishing operations with vessels of a non-Contracting Party which has not been accorded the status of a cooperating non-Contracting Party by NEAFC;
supplying any provisions, fuel or other services to vessels that have been placed on the list referred to in Article 44.
Article 32
Follow-up in the case of serious infringements
Article 33
Follow-up in the case of serious infringements by an EU fishing vessel
Article 34
Reporting and follow-up of infringements
Article 35
Treatment of inspection reports
Without prejudice to Article 77 of Regulation (EC) No 1224/2009, Member States shall collaborate with each other and with other Contracting Parties in order to facilitate judicial or other proceedings arising from a report submitted by an inspector under the Scheme, subject to the rules governing the admissibility of evidence in domestic judicial or other systems.
Article 36
Reports on surveillance and inspection activities
Each Member State shall report to the Commission or the body designated by it by 15 February each year for the previous calendar year:
the number of inspections it has carried out under Articles 19, 20 and 26, specifying the number of inspections on the vessels of each Contracting Party and, where an infringement has been committed, the date and position of the inspection of the individual vessel concerned and the nature of the infringement;
the number of hours flown and the number of days at sea on NEAFC patrols, the number of sightings of both Contracting Party vessels and non-Contracting Party vessels, and the list of individual vessels for which a surveillance report has been completed.
CHAPTER VI
MEASURES TO PROMOTE COMPLIANCE BY NON-CONTRACTING PARTY FISHING VESSELS
Article 37
Scope
Article 38
Sightings and identifications of non-Contracting Party vessels
Article 39
Inspections at sea
Article 40
Entry into port
Article 41
Inspections in port
Article 42
Landings, transhipments and other use of port
When a non-Contracting Party vessel has entered port, Member States shall deny that vessel landing, transhipping, processing and packaging of fisheries resources and other port services, including, inter alia, refuelling and resupplying, maintenance and dry-docking, if:
the vessel has been inspected pursuant to Article 41, and the inspection reveals that the vessel has species on board which are subject to recommendations established under the Convention, unless the master of the vessel provides satisfactory evidence to the competent authorities proving that the fish were caught outside the Regulatory Area or in compliance with all relevant recommendations established under the Convention; or
the flag State of the vessel, or the flag State or States of donor vessels where the vessel has engaged in transhipment operations, does not provide the confirmation referred to in Article 25; or
the master of the vessel has failed to fulfil any one of the obligations laid down in Article 21(a) to (d); or
Member States have received clear evidence that the fisheries resources on board were taken in the waters under the jurisdiction of a Contracting Party in contravention of applicable regulations; or
Member States have sufficient proof that the vessel has otherwise been engaged in IUU fishing activities in the Convention Area or has supported such fishing activities.
Article 43
Reports on non-Contracting Parties activities
Each Member State shall report to the Commission or the body designated by it by 15 February each year for the previous calendar year:
the number of inspections of non-Contracting Party vessels that it conducted under this Scheme at sea or in its ports, the names of the vessels inspected and their respective flag states, the dates of the inspections and the names of any ports where the inspections were conducted, and the results of such inspections; and
where fish are landed or transhipped following an inspection pursuant to this Scheme, the evidence provided pursuant to Article 42.
Article 44
Vessels engaged in IUU activities
Member States shall ensure that vessels appearing in the provisional list of vessels engaged in IUU activities established by NEAFC (‘A’ list) are:
inspected in accordance with the provisions of Article 41 when they enter their ports;
not authorised to land or tranship in their ports or to tranship in the waters under their jurisdiction;
not given assistance by fishing vessels, support vessels, refuel vessels, the mother-ship and cargo vessels flying their flag or permitted to participate in any transhipment or joint fishing operation with such vessels;
not supplied with provisions, fuel or other services.
CHAPTER VII
FINAL PROVISIONS
Article 45
Confidentiality
Article 46
Delegation of powers
Article 47
Exercise of the delegation
Article 48
Revocation of the delegation
Article 49
Objections to delegated acts
At the initiative of the European Parliament or the Council this period shall be extended by 2 months.
The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.
Article 50
Implementation
Article 51
Procedure for amendments
As far as is necessary, in order to incorporate into Union law amendments to the existing provisions of the Scheme which become obligatory for the Union, the Commission may amend the provisions of this Regulation by means of delegated acts in accordance with Article 47 and subject to the conditions set out in Articles 48 and 49, concerning:
participation of Contracting Parties in the fishery in the Regulatory area as referred to in Article 5;
removal and disposal of fixed gear and the retrieval of lost gear as referred to in Articles 6 and 7;
use of VMS as referred to in Article 11;
cooperation and communication of information to the NEAFC Secretary as referred to in Article 12;
requirements for separate stowage and labelling of frozen fishery resources as referred to in Articles 14 and 15;
assignment of NEAFC inspectors as referred to in Article 16;
measures to promote compliance with the Scheme by non-Contracting Party fishing vessels under Chapter VI;
the list of regulated resources set out in the Annex.
When adopting such delegated acts, the Commission shall act in accordance with the provisions of this Regulation.
Article 52
Repeal
Regulation (EC) No 2791/1999 is hereby repealed.
Article 53
Entry into force
This Regulation shall enter into force on the 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.
ANNEX I
REGULATED RESOURCES
A) Pelagic and oceanic species
Stock (common name) |
FAO code |
Scientific Name |
ICES subareas and divisions |
Redfish |
REB |
Sebastes mentella |
I, II, V, XII, XIV |
Norwegian Spring Spawning Herring (Atlanto Scandian) |
HER |
Clupea harengus |
I, II |
Blue whiting |
WHB |
Micromesistius poutassou |
IIa, IVa, Vb, VI, VII, XII, XIV |
Mackerel |
MAC |
Scomber scombrus |
IIa, IV, V, VI, VII, XII |
Haddock |
HAD |
Melanogrammus aeglefinus |
VIb |
B) Deep-Sea Species
Stock (common name) |
FAO code |
Scientific Name |
ICES subareas |
Baird’s smoothhead |
ALC |
Alepocehalus bairdii |
I to XIV |
Risso’s smoothhead |
PHO |
Alepocephalus rostratus |
I to XIV |
Blue antimora (Blue hake) |
ANT |
Antimora rostrata |
I to XIV |
Black scabbardfish |
BSF |
Aphanopus carbo |
I to XIV |
Iceland catshark |
API |
Apristurus spp. |
I to XIV |
Greater silver smelt |
ARG |
Argentina silus |
I to XIV |
Alfonsinos |
ALF |
Beryx spp. |
I to XIV |
Tusk |
USK |
Brosme brosme |
I to XIV |
Gulper shark |
GUP |
Centrophorus granulosus |
I to XIV |
Leafscale gulper shark |
GUQ |
Centrophorus squamosus |
I to XIV |
Black dogfish |
CFB |
Centroscyllium fabricii |
I to XIV |
Portuguese dogfish |
CYO |
Centroscymnus coelolepis |
I to XIV |
Longnose velvet dogfish |
CYP |
Centroscymnus crepidater |
I to XIV |
Deep-water red crab |
KEF |
Chaceon (Geryon) affinis |
I to XIV |
Rabbit fish (Rattail) |
CMO |
Chimaera monstrosa |
I to XIV |
Frilled shark |
HXC |
Chlamydoselachus anguineus |
I to XIV |
Conger eel |
COE |
Conger conger |
I to XIV |
Roundnose grenadier |
RNG |
Coryphaenoides rupestris |
I to XIV |
Kitefin shark |
SCK |
Dalatias licha |
I to XIV |
Birdbeak dogfish |
DCA |
Deania calceus |
I to XIV |
Black (Deep-water) cardinal fish |
EPI |
Epigonus telescopus |
I to XIV |
Greater lanternshark |
SHL |
Etmopterus princeps |
I to XIV |
Velvet belly |
SHL |
Etmopterus spinax |
I to XIV |
Blackmouth dogfish |
SHO |
Galeus melastomus |
I to XIV |
Mouse catshark |
GAM |
Galeus murinus |
I to XIV |
Bluemouth (Blue mouth redfish) |
BRF |
Helicolenus dactylopterus |
I to XIV |
Bluntnose six-gilled shark |
SBL |
Hexanchus griseus |
I to XIV |
Orange roughy |
ORY |
Hoplostethus atlanticus |
I to XIV |
Silver roughy (Pink) |
HPR |
Hoplostethus mediterraneus |
I to XIV |
Large-eyed rabbit fish (Ratfish) |
CYH |
Hydrolagus mirabilis |
I to XIV |
Silver scabbard fish (Cutlass fish) |
SFS |
Lepidopus caudatus |
I to XIV |
Eelpout |
ELP |
Lycodes esmarkii |
I to XIV |
Roughhead grenadier (Rough rattail) |
RHG |
Macrourus berglax |
I to XIV |
Blue ling |
BLI |
Molva dypterygia |
I to XIV |
Ling |
LIN |
Molva molva |
I to XIV |
Common mora |
RIB |
Mora moro |
I to XIV |
Sailfin roughshark (Sharpback shark) |
OXN |
Oxynotus paradoxus |
I to XIV |
Red (blackspot) seabream |
SBR |
Pagellus bogaraveo |
I to XIV |
Forkbeards |
GFB |
Phycis spp. |
I to XIV |
Wreckfish |
WRF |
Polyprion americanus |
I to XIV |
Round skate |
RJY |
Raja fyllae |
I to XIV |
Arctic skate |
RJG |
Raja hyperborea |
I to XIV |
Norwegian skate |
JAD |
Raja nidarosiensis |
I to XIV |
Greenland halibut |
GHL |
Rheinhardtius hippoglossoides |
I to XIV |
Straightnose rabbitfish |
RCT |
Rhinochimaera atlantica |
I to XIV |
Knifetooth dogfish |
SYR |
Scymnodon ringens |
I to XIV |
Small redfish (Norway haddock) |
SFV |
Sebastes viviparus |
I to XIV |
Greenland shark |
GSK |
Somniosus microcephalus |
I to XIV |
Spiny (Deep-sea) Scorpionfish |
TJX |
Trachyscorpia cristulata |
I to XIV |
Appendix
Statements on Article 51
‘The European Parliament, the Council and the Commission note that any of the provisions of a non-essential character of the basic legislative act, which now are listed under Article 51 of the Regulation (delegation of powers), can become at any time in the future a significant element of the existing NEAFC control scheme from a political point of view, in which case the European Parliament, the Council and the Commission recall that either of the legislators, the Council or the European Parliament, can immediately exercise either the right to object to a draft Commission delegated act or the right to revoke the delegated powers as provided under Article 48 and Article 49 of the Regulation respectively.’
‘The Council and the Parliament agree that the inclusion of any provision of the NEAFC control scheme into this Regulation as a non-essential element, now listed under Article 51, does not imply per se that such provisions will automatically be considered by the legislators to be of a non-essential character in any future Regulations.’
‘The European Parliament, the Council and the Commission declare that the provisions of this Regulation shall be without prejudice to any future position of the institutions as regards the implementation of Article 290 TFEU or individual legislative acts containing such provisions.’
ANNEX II
GENERAL GUIDELINES FOR RISK MANAGEMENT IN RELATION TO PORT MEMBER STATE CONTROL
Risk management means the systematic identification of risks and the implementation of all measures necessary for limiting the occurrence of those risks. This includes activities such as collecting data and information, analysing and assessing risks, preparing and taking action and regular monitoring and review of the process and its outcomes.
On the basis of its risk assessment, each port Member State defines its risk-management strategy to facilitate compliance with this Regulation. That strategy should encompass the identification, description and allocation of appropriate cost-effective control instruments and inspection means, in relation to the nature and the estimated level of each risk, and the achievement of target benchmarks.
Risk-assessment and management criteria are laid down for checking, inspection and verification activities in order to allow timely risk analyses and general assessments of relevant control and inspection information.
Individual fishing vessels, groups of fishing vessels, operators, and/or fishing activity, on different species and in different parts of the Convention Area are subject to control and inspections in accordance with the level of risk attributed, using, inter alia, the following general assumptions of risk-level criteria in relation to the port Member State control of landings and transhipments in port:
catches taken by a non-Contracting Party vessel;
frozen catches;
catches of a large volume;
catches previously transhipped at sea;
catches taken outside the waters under the jurisdiction of Contracting Parties, i.e. in the Regulatory Area;
catches taken both inside and outside the Convention Area;
catches of high value species;
catches of fishery resources for which there are particularly limited fishing opportunities;
number of inspections previously carried out and number of detected infringements for a vessel and/or operator.
ANNEX III
PORT MEMBER STATE INSPECTION PROCEDURES
National inspectors shall:
verify that the vessel identification documentation on board and information relating to the owner of the vessel is true, complete and correct, including through appropriate contacts with the flag state or international records of vessels if necessary;
verify that the vessel’s flag and markings (e.g. name, external registration number, International Maritime Organisation (IMO) ship identification number, international radio call sign and other markings, main dimensions) are consistent with information contained in the documentation;
verify that the authorisations for fishing and fishing-related activities are true, complete, correct and consistent with the information provided in accordance with Article 24;
review all other relevant documentation and records held on board, including those in electronic format and vessel monitoring system (VMS) data from the flag state or relevant regional fisheries management organisations. Relevant documentation may include logbooks, catch, transhipment and trade documents, crew lists, stowage plans and drawings, descriptions of fish holds, and documents required pursuant to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);
examine all relevant fishing gear on board, including any gear stowed out of sight as well as related devices, and verify that they are in conformity with the conditions of the authorisations. The fishing gear shall also be checked to ensure that features such as the mesh and twine size, devices and attachments, dimensions and configuration of nets, pots, dredges, hook sizes and numbers are in conformity with applicable regulations and that the markings correspond to those authorised for the vessel;
determine whether the fish on board were harvested in accordance with the applicable authorisations;
monitor the entire discharge or transhipment and cross-check between the quantities by species recorded in the prior notice of landing and the quantities by species landed or transhipped;
examine the fish, including by sampling, to determine their quantity and composition. In doing so, inspectors may open containers where the fish have been pre-packed and move the catch or containers to ascertain the integrity of fish holds. Such examination may include inspections of product type and determination of nominal weight;
when the landing or transhipment is completed, verify and note the quantities by species of fish remaining on board;
evaluate whether there is clear evidence for believing that a vessel has engaged in IUU fishing or fishing-related activities in support of such fishing;
provide the master of the vessel with the report containing the result of the inspection, including possible measures that could be taken, to be signed by the inspector and the master. The master’s signature on the report shall serve only as acknowledgment of the receipt of a copy of the report. The master 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 has serious difficulties in understanding the content of the report. A copy of the report shall be provided to the master; and
arrange, where necessary and possible, for the translation of relevant documentation.
( 1 ) Opinion of 17 March 2010 (not yet published in the Official Journal).
( 2 ) Position of the European Parliament of 19 October 2010 (not yet published in the Official Journal) and decision of the Council of 29 November 2010.
( 3 ) OJ L 227, 12.8.1981, p. 21.
( 4 ) OJ L 22, 26.1.2009, p. 1.
( 5 ) OJ L 343, 22.12.2009, p. 1.
( 6 ) OJ L 184, 17.7.1999, p. 23.
( 7 ) OJ L 337, 30.12.1999, p. 1.
( 8 ) OJ L 56, 2.3.2005, p. 8.
( 9 ) OJ L 261, 20.10.1993, p. 1.
( 10 ) Commission Implementing Regulation (EU) No 433/2012 of 23 May 2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries (OJ L 136, 25.5.2012, p. 41).
( 11 ) Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).