COMMISSION IMPLEMENTING REGULATION (EU) 2015/746

12.5.2015 | EN | Official Journal of the European Union | L 119/3 ---|---|---|--- * * * COMMISSION IMPLEMENTING REGULATION (EU) 2015/746 of 11 May 2015 amending Implementing Regulation (EU) No 433/2012 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 THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to 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 (1), and in particular Articles 12(2), 24(4), 27(1) and 45(2) thereof, Whereas: (1) | Regulation (EU) No 1236/2010 lays down certain specific control measures to monitor fishing activities of the Union in the Area covered by the North-East Atlantic Fisheries Commission (NEAFC) and supplements control measures provided for in Council Regulation (EC) No 1224/2009 (2). ---|--- (2) | Detailed rules for the application of Regulation (EU) No 1236/2010 were adopted through Commission Implementing Regulation (EU) No 433/2012 (3). ---|--- (3) | At its Annual Meeting in November 2013, NEAFC adopted Recommendation 9:2014 amending Article 22 and Annexes XV and XVI of the Scheme on port State control and inspection report forms. At the same Annual Meeting, NEAFC adopted Recommendations 12:2014, 13:2014 and 14:2014 amending Annex IX of the Scheme on data exchange formats and protocols, and Recommendation 16:2014 amending Appendix 1 to Annex IX of the Scheme on confidential treatment of electronic data. At its Annual Meeting in November 2014, NEAFC adopted Recommendation 16:2015 amending Appendix 2 to Annex II of the Scheme on codes for main gear types. At the same meeting it adopted Recommendation 12:2015 amending Recommendation 9:2014 with respect to Articles 22 and 23 and Annexes XV and XVI of the Scheme on port state control forms. ---|--- (4) | In accordance with Articles 12 and 15 of the Convention on future multilateral cooperation in the North-East Atlantic fisheries approved by Council Decision 81/608/EEC (4), Recommendations 12:2014, 13:2014, 14:2014 and 16:2014 came into force on 7 February 2014 and Recommendation 16:2015 came into force on 6 February 2015. ---|--- (5) | Pursuant to its provisions, Recommendation 9:2014 as amended by Recommendation 12:2015 will enter into force on 1 July 2015. ---|--- (6) | It is necessary to transpose those Recommendations into Union law. Implementing Regulation (EU) No 433/2012 should therefore be amended accordingly. ---|--- (7) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture, ---|--- HAS ADOPTED THIS REGULATION: Article 1 Implementing Regulation (EU) No 433/2012 is amended as follows: (1) | in Article 12, points (a) and (b) are replaced by the following: | ‘(a) | the form PSC 1 shall be used where the vessel is carrying its own catches; ---|--- (b) | the form PSC 2 shall be used where the vessel is engaged in transhipment operations, providing the information separately for catches from each donor vessel.’ ---|--- ; (2) | Article 13 is replaced by the following: ‘Article 13 1\. When completing the prior notification in accordance with Article 25(1) of Regulation (EU) No 1236/2010, the flag Member State shall complete Part B of the PSC form provided for in Annex VIII. 2\. When completing the prior notification in accordance with Article 25(2) and (4) of Regulation (EU) No 1236/2010, the port Member State shall complete Part C of the PSC form provided for in Annex VIII.’ ; ---|--- (3) | In Article 16 the first sentence is replaced by the following: ‘The data exchange formats and data communication systems referred to in Article 12(2) of Regulation (EU) No 1236/2010 to be used for transmission of reports and information to the NEAFC Secretary shall comply with the rules set out in Annex X;’ ---|--- (4) | Annex VIII is replaced by the text in Annex 1 to this Regulation; ---|--- (5) | Annex IX is replaced by the text in Annex 2 to this Regulation; ---|--- (6) | Annex X is amended as follows: | (a) | the title is replaced by the following: ‘DATA EXCHANGE FORMAT AND DATA COMMUNICATION SYSTEMS’ ; ---|--- (b) | Section B is replaced by the text in Annex 3 to this Regulation; ---|--- (c) | in Section D.2, point (b) is replaced by the text in Annex 4 to this Regulation; ---|--- (d) | in Section D.2, a new point (c) is added as set out in Annex 5 to this Regulation; ---|--- (7) | Annex XI is amended as follows: | (a) | Section C is replaced by the text in Annex 6 to this Regulation; ---|--- (b) | a new Section G is added as set out in Annex 7 to this Regulation; ---|--- (8) | Annex XII is replaced by the text in Annex 8 to this Regulation. ---|--- Article 2 This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union. However, Article 1(1), (2), (4), (5) and (7)(b) shall apply from 1 July 2015. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 11 May 2015. For the Commission The President Jean-Claude JUNCKER * * * (1) OJ L 348, 31.12.2010, p. 17. (2) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1). (3) 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). (4) Council Decision 81/608/EEC of 13 July 1981 concerning the conclusion of the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (OJ L 227, 12.8.1981, p. 21). * * * ANNEX 1 Annex VIII to Implementing Regulation (EU) No 433/2012 is replaced by the following: ‘ANNEX VIII PORT STATE CONTROL FORMS Notifications and the completion of Parts A, B and C pursuant to Articles 22, 23 and 39 of the NEAFC scheme of control and enforcement shall be done through an online application established by the NEAFC Secretary on the NEAFC website. A fax-based system, using the forms set out in this Annex shall be used as a back-up system in the event that the NEAFC website is offline. Text of image PORT STATE CONTROL FORM — PSC 1 PART A: To be completed by the Master of the Vessel. Please use black ink (1) Name of Vessel: IMO Number (2): Radio Call Sign: Flag State: E-mail Address: Telephone Number: Fax Number: Inmarsat Number: Vessel master’s name: Vessel master’s nationality: Vessel owner: Certificate of Registry ID: Vessel dimension: Length (m): Beam (m): Draft (m): Port State: Port of Landing or Transhipment: Last port of call: Date: Estimated Time of Arrival: Date: Time UTC: Total catch on board — all areas Catch to be landed (3) Species (4) Product (5) Type of process-ing (6) Area of catch Conversion factor Product weight (kg) Product weight (kg) NEAFC CA (ICES subareas and divisions) NAFO RA (Sub Division) Other areas Text of image PART B: For official use only — to be completed by the Flag State The Flag State of the vessel must respond to the following questions by marking in the box ‘Yes’ or ‘No’ NEAFC CA NAFO RA Yes No Yes No a) The fishing vessel declared to have caught the fish had sufficient quota for the species declared b) The quantities on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable c) The fishing vessel declared to have caught the fish had authorisation to fish in the area declared d) The presence of the fishing vessel in the area of catch declared has been verified according to VMS data Flag State confirmation: I confirm that the above information is complete, true and correct to the best of my knowledge and belief. Name and Title: Date: Signature: Official Stamp: PART C: For official use only — to be completed by the Port State Name of Port State: Authorisation: Yes: No: Date: Signature: Official Stamp: (1) Black ink is required when faxing forms (2) Fishing vessels not assigned an IMO number shall provide their external registration number (3) If necessary an additional form or forms shall be used (4) FAO Species Codes — Annex V (5) Product presentations — Appendix 1 to Annex IV (6) Type of processing — NEAFC Appendix 1c) to Annex IV Text of image PORT STATE CONTROL FORM — PSC 2 PART A: To be completed by the Master of the Vessel. A separate form shall be completed for each donor vessel. Please use black ink (1) Name of Vessel: IMO Number (2): Radio Call Sign: Flag State: E-mail Address: Telephone Number: Fax Number: Inmarsat Number: Vessel master’s name: Vessel master’s nationality: Vessel owner: Certificate of Registry ID: Vessel dimension: Length (m): Beam (m): Draft (m): Port State: Port of Landing or Transhipment: Last port of call: Date: Date and location of transhipment: Transhipment authorisation if relevant: Estimated Time of Arrival: Date: Time UTC: Catch Information for Donor Vessels: A separate form shall be completed for each Donor Vessel Name of Vessel IMO Number (2) Radio Call Sign Flag State Total catch on board — all areas Catch to be landed (3) Species (4) Product (5) Type of process-ing (6) Area of catch Conversion factor Product weight (kg) Product weight (kg) NEAFC CA (ICES subareas and divisions) NAFO RA (Sub Division) Other areas Text of image PART B: For official use only — to be completed by the Flag State The Flag State of the vessel must respond to the following questions by marking in the box ‘Yes’ or ‘No’ NEAFC CA NAFO RA Yes No Yes No a) The fishing vessel declared to have caught the fish had sufficient quota for the species declared b) The quantities on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable c) The fishing vessel declared to have caught the fish had authorisation to fish in the area declared d) The presence of the fishing vessel in the area of catch declared has been verified according to VMS data Flag State confirmation: I confirm that the above information is complete, true and correct to the best of my knowledge and belief. Name and Title: Date: Signature: Official Stamp: PART C: For official use only — to be completed by the Port State Name of Port State: Authorisation: Yes: No: Date: Signature: Official Stamp: (1) Black ink is required when faxing forms. (2) Fishing vessels not assigned an IMO number shall provide their external registration number. (3) If necessary an additional form or forms shall be used. (4) FAO Species Codes — Annex V. (5) Product presentations — Appendix 1 to Annex IV. (6) Type of processing — NEAFC Appendix 1c) to Annex IV. ’ * * * ANNEX 2 Annex IX to Implementing Regulation (EU) No 433/2012 is replaced by the following: ‘ANNEX IX Text of image INSPECTION REPORT FORM Report on Port State Control inspection (PSC 3) Inspection report number: A. INSPECTION REFERENCE Landing Yes No Transhipment Yes No Other reason for port entry Port State Port of landing or transhipment Vessel name Flag State IMO Number (1) International Radio call sign Landing/transhipment started Date Time Landing/transhipment ended Date Time Vessel Type Certificate of Registry ID Port of Registry VMS Vessel master’s name Vessel master’s nationality Fishing master’s name Fishing master’s nationality Vessel’s owner/operator Vessel’s beneficial owner (2) Vessel’s agent Last port of call: Date: B. INSPECTION DETAILS Name of donor vessel (3) IMO Number (1) Radio call sign Flag State Text of image B 1. Catch recorded in the logbook Species (4) Area of catch Declared live weight kg Conversion factor used B 2. Fish landed or transhipped (3) Spe-cies (4) Type of process-ing (5) Pro-duct (6) Area of catch Product weight landed in kg Con-version factor Equivalent live weight kg Diff (kg) between live weight declared in the logbook and the live weight landed Diff (%) between live weight declared in the logbook and the live weight landed Diff (kg) between Product weight landed and PSC 1/2 Diff (%) between Product weight landed and PSC 1/2 RELEVANT TRANSHIPMENT AUTHORISATION: B 3. Information about landings authorised without confirmation from the flag State ref: NEAFC art. 23.2/NAFO art. 45.6 Name of storage: Name of competent authorities: Deadline for receiving confirmation: Text of image B 4. Fish retained on board Species (4) Type of process-ing (5) Pro-duct (6) Area of catch Product weight in kg Conversion factor Live weight kg Diff. (kg) between product weight on board and PSC 1/2 Diff. (%) between product weight on board and PSC 1/2 C. RESULTS OF INSPECTION C1. General Inspection started Date Time Inspection ended Date Time Status in other RFMO areas where fishing or fishing-related activities have been undertaken, including any IUU vessel listing RFMO Vessel identifier Flag State status Vessel on authorised list Vessel on IUU list Observations C2. Gear inspection in port (in accordance with Annex XVIII (e)) A. General data Number of gear inspected Date gear inspection Has the vessel been cited? Yes No If yes, complete the full ‘verification of inspection in port’ form. If no, complete the form with the exception of the seal details B. Otter Trawl details Seal number Is seal undamaged? Yes No Gear type Text of image Attachments: Grate Bar Spacing (mm): Mesh type: Average mesh sizes (mm): Trawl part: Wings: Body: Lengthening Piece: Codend: D. OBSERVATIONS BY THE MASTER I, the undersigned, Master of the vessel hereby confirm that a copy of this report have been delivered to me on this date. My signature does not constitute acceptance of any part of the contents of this report, except my own observations, if any. Signature: Date: E. INFRINGEMENTS AND FOLLOW-UP E1. NAFO E1.A. Sea Inspection Infringements resulting from Inspections inside NAFO R.A. Inspection Party Date of insp. Division NAFO CEM infringement legal reference E1.B. Port Inspection results (a) Confirmation of Infringements found at sea inspection NAFO CEM infringement legal reference National Infringement legal reference (b) Infringements found at sea inspection and not possible to be confirmed during the Port Inspection. Comments: Text of image (c) Additional infringements found during the Port Inspection NAFO CEM infringement legal reference National Infringement legal reference E2. NEAFC infringement noted Article NEAFC provision(s) violated and summary of pertinent facts Inspector’s observations: Action taken: Inspecting authority/agency Inspector’s Name Inspector’s signature Date and place F. DISTRIBUTION Copy to flag State Copy to NEAFC Secretary Copy to NAFO Executive Secretary (1) Fishing vessels not assigned an IMO number shall provide their external registration number. (2) If known and if different from vessel’s owner. (3) In cases where a vessel has engaged in transhipment operations, a separate form shall be used for each donor vessel. (4) FAO Species Codes — NEAFC Annex V — NAFO Annex II. (5) Type of processing — NEAFC Appendix 1c) to Annex IV. (6) Product presentations — NEAFC Appendix 1 to Annex IV — NAFO Annex XX (C). ’ * * * ANNEX 3 Section B of Annex X to Implementing Regulation (EU) No 433/2012 is replaced by the following: ‘B. Data communication systems Electronic data transmission of reports and messages between Member States and the Secretary shall use data communication systems duly tested.’ * * * ANNEX 4 In Section D.2 of Annex X to Implementing Regulation (EU) No 433/2012, point (b) is replaced by the following: ‘b) | Return error numbers: | Subject/Annex | Error Numbers | Error cause ---|---|--- Rejected (NAK) Follow-up action required | Accepted and Stored (ACK) Follow-up action required | Accepted and Stored (ACK) with warning Communication | 101 | | | Message is unreadable | 102 | | | Data value or size out of range | 104 | | | Mandatory data missing | 105 | | | This report is a duplicate; attempt to re-send a report previously rejected | 106 | | | Unauthorised data source | | | 150 | Sequence error | | | 151 | Date/Time in the future | | | 155 | This report is a duplicate; attempt to re-send a report previously accepted Annex II | | | 250 | Attempt to re-Notify a vessel | | 251 | | Vessel is not Notified | | 252 | | Species not AUT, or LIM or SUS Annex VIII | | 301 | | Catch prior to Catch on Entry | | 302 | | Transhipment prior to Catch on Entry | | 303 | | Catch on Exit prior to Catch on Entry | | 304 | | No Position received (CAT, TRA, COX) | | | 350 | Position without Catch on Entry Annex X | 401 | | | Surveillance Exit prior to Surveillance Entry | | 450 | | Observation without Surveillance Entry | | 451 | | Inspectors or craft not notified’ * * * ANNEX 5 In Section D.2 of Annex X to Implementing Regulation (EU) No 433/2012, the following point (c) is added: ‘c) | Identification of duplicate messages and reports: | Message/Reports | Data Elements ---|--- | TM | AD | SQ | RC | LA/LT | LO/LG | SP | CO | DA | TI | OB | CA | RA | DF | KG | TT | TF | PD | PT | CS | PO | CR | YR Position | POS | y | | y | y | y | | | y | y | | | | | | | | | | | | | Entry | ENT | y | | y | y | y | | | y | y | | | | | | | | | | | | | Exit | EXI | y | | y | y | y | | | y | y | | | | | | | | | | | | | Manual | MAN | y | | y | y | y | | | y | y | | | | | | | | | | | | | Catch on Entry | COE | y | | y | | | | | y | y | y | | | | | | | | | | | | Catch | CAT | y | | y | | | | | Y | Y | | Y | Y | Y | | | | | | | | | Catch on Exit | COX | y | | y | | | | | Y | Y | | Y | Y | Y | | | | | | | | | Transhipment | TRA | y | | y | | | | | Y | Y | | | | | Y | Y | Y | Y | Y | | | | Port of Landing | POR | y | | y | | | | | Y | Y | Y | | | | Y | | | Y | Y | Y | Y | | Cancel | CAN | y | | y | | | | | y | y | | | | | | | | | | | | Y | Y For each message, if data in data-elements marked “Y” is identical, then identify message as duplicate’ * * * ANNEX 6 In Annex XI to Implementing Regulation (EU) No 433/2012, Section C is replaced by the following: ‘C. Main gear types FAO Alpha Code | Gear type ---|--- | Surrounding Nets PS | With purse lines PS1 | 1 vessel purse seine PS2 | 2 vessels purse seine | | Seine Nets SSC | Seine Scottish | | Trawls — Bottom OTB | Bottom otter trawl PTB | Bottom pair trawls TBN | Bottom trawl Nephrop TBS | Bottom trawl shrimp OTT | Otter twin trawl | | Trawls — Midwater OTM | Midwater otter trawl PTM | Midwater trawls pair | | Gillnets and Entangling Nets GNS | Gillnet anchored GND | Drift nets GEN | Gill tangle net (Not specified) | | Traps FPO | Pot | | Hooks and Lines LHP | Hand lines LHM | Hand line mechanical LLS | Set line long line LLD | Drifting long line LL | Long line LTL | Trolling long line LX | Hook and lines | | Harvesting Machines HMP | Pumps | No Gear NIL | No fishing gear to report’ * * * ANNEX 7 In Annex XI to Implementing Regulation (EU) No 433/2012, the following Section G is added: ‘G. Type of Processing Code | Type ---|--- FRZ | Frozen FRE | Fresh OTH | Any other processing’ * * * ANNEX 8 Annex XII to Implementing Regulation (EU) No 433/2012 is replaced by the following: ‘ANNEX XII CONFIDENTIAL TREATMENT OF ELECTRONIC DATA Member States shall, when transmitting and receiving electronic data, take the necessary measures to comply with the confidentiality and security provisions set out in Recommendations approved by the NEAFC Commission.’ * * *