Commission Implementing Regulation (EU) No 404/2011
of 8 April 2011
laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006(1), and in particular Articles 6(5), 7(5), 8(1), 9(5), 14(10), 15(9), 16(2), 21(7), 22(7), 23(5), 24(8) and 25(2), Article 32, Articles 37(4), 40(6), 55(5), 58(9), 60(7), Article 61, and Articles 64(2), 72(5), 73(9), 74(6), 75(2), 76(4), 78(2), 79(7), 92(5), 103(8), 105(6), 106(4), 107(4), 111(3), 116(6), 117(4) and 118(5) thereof,
Whereas:
(1)Regulation (EC) No 1224/2009 (hereafter referred to as ‘the Control Regulation’) provides for the adoption of detailed rules and measures to implement certain provisions it sets out.
(2)With a view to ensuring a coherent application of these detailed rules the establishment of certain definitions is necessary.
(3)Article 6(1) of the Control Regulation provides that a Union fishing vessel may only be used for the commercial exploitation of living aquatic resources if it has a valid fishing licence. Article 7(1) of the Control Regulation provides that aUnion fishing vessel shall only be authorised to carry out specific fishing activities in so far as they are indicated in a valid fishing authorisation. It is appropriate to establish common rules for the issuance and management of such fishing licences and fishing authorisations to ensure a common standard of information contained therein.
(4)Article 8(1) of the Control Regulation provides that a master of a fishing vessel has to respect conditions and restrictions relating to the marking and identification of fishing vessels and their gear. As such conditions and restrictions apply to Union waters it is necessary to establish them at the level of the European Union.
(5)According to Article 9(1) of the Control Regulation, Member States shall operate a satellite-based Vessel Monitoring System for the effective monitoring of fishing activities of their fishing vessels wherever they may be and of fishing activities in their waters. It is appropriate to establish common specifications at the level of the European Union for such a system. Such specifications should set out in particular the characteristics of satellite tracking devices, details on the transmission of position data and rules in the case of a technical failure or non-functioning of satellite tracking devices.
(6)Article 14(1) of the Control Regulation provides that masters of Union fishing vessels of 10 metres length overall or more have to keep a fishing logbook of their operations. It is necessary to determine the information that has to be recorded in the fishing logbooks and their format.
(7)Article 14(7) of the Control Regulation provides that masters of Union fishing vessels have to use conversion factors established at EU level for converting stored or processed fish weight into live fish weight. It is therefore necessary to establish such conversion factors.
(8)Article 15(1) of the Control Regulation provides that masters of Union fishing vessels of 12 metres length overall or more have to record logbook information by electronic means. It is appropriate to establish the requirements for the electronic completion and transmission of this information and to specify their format.
(9)Articles 21(1) and 23(1) of the Control Regulation provide that masters of Union fishing vessels of 10 metres length overall and more have to complete and submit transhipment and landing declarations. It is appropriate to determine the information that has to be contained in these declarations and to specify the details of their submission.
(10)Articles 22(1) and 24(1) of the Control Regulation provides for the electronic completion and transmission of transhipment and landing declarations by electronic means. It is appropriate to establish the requirements for the electronic completion and transmission of these data and to specify their format.
(11)Articles 16(1) and 25(1) of the Control Regulation provide that every Member State has to monitor on the basis of sampling the activities of fishing vessels which are not subject to logbook requirements and landing declarations. With a view to ensure common standards of such samplings detailed rules, should be established at the level of the European Union.
(12)Article 37 of the Control Regulation provides that necessary corrective actions are to be taken by the Commission in case the Commission has prohibited fishing because of the alleged exhaustion of the fishing opportunities available to a Member State or group of Member States, or to the European Union and it transpires that a Member State has not in fact exhausted its fishing opportunities. It is necessary to adopt adequate rules for the reallocation of such fishing opportunities, which take into account situations where a total allowable catch (TAC) for the EU is available or not, or where due to the annual setting of fishing opportunities circumstances do not permit such reallocation.
(13)Articles 39 to 41 of the Control Regulation foresee rules to ensure that the engine power of fishing vessels is not exceeded. It is necessary to establish the technical rules of the relevant certifications and verifications to be done in this field.
(14)Article 55 of the Control Regulation provides that Member States should ensure that recreational fisheries are conducted in a manner compatible with the objectives of the Common Fisheries Policy. For stocks under a recovery plan Member States should collect catch data of recreational fisheries. Where such fisheries have a significant impact on the resources, specific management measures may be decided by the Council. It is appropriate to lay down detailed rules for the establishment of sampling plans in order to allow Member States to monitor the catches of stocks subject to recovery plans by recreational fisheries practised from their vessels, in waters subject to their sovereignty or jurisdiction.
(15)In order to establish a comprehensive control regime the whole chain of production and marketing should be covered by such a regime. Article 58 of the Control Regulation provides for a coherent traceability system to ensure that all lots of fisheries and aquaculture products are traceable at all stages of production, processing and distribution, from catching or harvesting to the retail stage. It is necessary to lay down common rules for identification procedures of the product concerned.
(16)Article 60 of the Control Regulation provides that all fishery products are to be weighed on systems approved by the competent authorities unless they have adopted a sampling plan approved by the Commission. It is necessary to establish common rules in all Member States for the weighing of fresh and frozen fisheries products, as well as for the weighing of transhipped fisheries products, and for the weighing of fisheries products after transport from the place of landing.
(17)Article 61 of the Control Regulation provides for the possibility for fisheries products to be weighed after transport under the condition that the Member State has adopted a control plan or, when the fisheries products are transported to another Member State, that the Member States concerned have adopted a common control programme that are approved by the Commission and based on a risk-based methodology adopted by the Commission. This risk-based methodology needs to be defined.
(18)The fishery on herring, mackerel and horse mackerel has some specific features. For this reason it is appropriate to establish special rules on weighing and related elements to take account of these specific features.
(19)Article 64 of the Control Regulation foresees that the detailed rules on the content of sales notes are to be adopted. It is pertinent to include such rules in this Regulation.
(20)Articles 71 and 72 of the Control Regulation provide that Member States shall carry out surveillance in Union waters and take the necessary measures if a sighting does not correspond to the information available to them. It is necessary to lay down common rules regarding the content of a surveillance report, and its means of transmission.
(21)Article 73 of the Control Regulation provides the possibility for the Council to establish control observer schemes and establishes in general lines the profile and tasks of control observers on board fishing vessels. Therefore detailed rules on the deployment and duties of control observers should be drawn up.
(22)According to Chapter I of Title VII of the Control Regulation, rules are to be established for the conduct of inspections in order to enhance a standardised approach to control activities carried out by Member States. Rules should be laid down for the conduct of officials in charge of inspections, and the obligations of Member States regarding the behaviour of their officials authorised to conduct such inspections. At the same time, the duties of operators during inspection should be clarified. It is also necessary to lay down common principles for inspection procedures at sea, in port, during transport, at market places, and regarding inspection reports and their transmission.
(23)Article 79 of the Control Regulation provides that Union inspectors may carry out inspections in Union waters and on Union fishing vessels outside Union waters . It is appropriate to draw up rules regarding the nomination of Union inspectors, their tasks and obligations, as well as the type of follow up to be given to their report.
(24)Article 92 of the Control Regulation provides for the establishment of a point system for serious infringements with the aim to ensure compliance with the rules of the Common Fisheries Policy and a level playing field in all Union waters . For this to be achieved, it is necessary to establish common rules at the level of the European Union for the application of such a point system, including a list of points to be attributed for each serious infringement.
(25)In accordance with Article 5(6) and Article 103 of the Control Regulation, the financial assistance in the framework of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund(2) and Council Regulation (EC) No 861/2006 of 22 May 2006 establishing Community financial measures for the implementation of the Common Fisheries Policy and in the area of the Law of the Sea(3) is made conditional upon compliance by Member States with their obligations in the fields of fisheries conservation and control, the Commission having the possibility under certain conditions to suspend and cancel such financial assistance. It is necessary to lay down detailed rules for the application of these measures.
(26)Article 107 of the Control Regulation provides for deduction of quotas by the Commission in cases of failure by Member States to comply with the rules on stocks subject to multiannual plans which leads to a serious threat to the conservation of such stocks. Rules should therefore be drawn up regarding the extent of the deduction, taking into account the nature of the non-compliance, the extent of its impact, as well as the gravity of the threat to the resource.
(27)Chapter I of Title XII of the Control Regulation establishes rules on the handling of data recorded for the purpose of that Regulation, including the obligation for the Member States to set up a computerised database and a validation system and the provisions on accessing and exchanging such data. It is necessary to lay down common rules establishing procedures to process such data and to ensure access to it by the Commission and specifying the requirements for the exchange of data.
(28)Article 110 of the Control Regulation deals with the remote access of the Commission or the body designated by it to computer files containing the data recorded by fisheries monitoring centres of Member States. In order to ensure such an access it is pertinent to establish clear rules on the conditions and the procedures that should be respected.
(29)Articles 114 to 116 of the Control Regulation provide that the Member States have to establish official websites. With a view to ensure their equal accessibility in all Member States it is pertinent to establish rules at EU level on these websites.
(30)According to Article 117 of the Control Regulation a system of mutual assistance shall be established for ensuring the administrative cooperation among Member States and the Commission. Such administrative cooperation is essential to ensure that a level playing field in the EU is established and that illegal activities are properly investigated and sanctioned. Rules should therefore be drawn up for a systematic exchange of information either on request or spontaneously, and for the possibility to request enforcement measures and administrative notification by another Member State.
(31)The protection of individuals with regard to the processing of personal data by the Member States is governed by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(4). The protection of individuals with regard to the processing of personal data by the Commission is governed by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(5), in particular as regards the requirements of confidentiality and security of processing, the transfer of personal data from the national systems of Member States to the Commission, the lawfulness of processing, and the rights of data subjects to information, access to and rectification of their personal data.
(32)To facilitate the implementation of the fisheries control system, detailed rules should be concentrated in one single Regulation. The following Commission Regulations should therefore be repealed:
Regulation (EEC) No 2807/83(6) laying down detailed rules for recording information on Member States’ catches of fish,
Regulation (EEC) No 3561/85(7) concerning information about inspections of fishing activities carried out by national control authorities,
Regulation (EEC) No 493/87(8) establishing detailed rules for remedying the prejudice caused on the halting of certain fisheries,
Regulation (EEC) No 1381/87(9) establishing detailed rules concerning the marking and documentation of fishing vessels,
Regulation (EEC) No 1382/87(10) establishing detailed rules concerning the inspection of fishing vessels,
Regulation (EC) No 2943/95(11) setting out detailed rules for applying Council Regulation (EC) No 1627/94 laying down general provisions concerning special fishing permits,
Regulation (EC) No 1449/98(12) laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 as regards effort reports,
Regulation (EC) No 356/2005(13) laying down detailed rules for the marking and identification of passive fishing gear and beam trawls,
Regulation (EC) No 2244/2003(14) laying down detailed provisions regarding satellite-based Vessel Monitoring Systems,
Regulation (EC) No 1281/2005(15) of the management of fishing licences and the minimal information to be contained therein,
Regulation (EC) No 1042/2006(16) laying down detailed rules for the implementation of Article 28(3) and (4) of Council Regulation (EEC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy,
Regulation (EC) No 1542/2007(17) on landing and weighing procedures for herring, mackerel and horse mackerel,
Regulation (EC) No 1077/2008(18) laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing and repealing Regulation (EC) No 1566/2007, and
Regulation (EC) No 409/2009(19) establishing Community conversion factors and presentation codes used to convert fish processed weight into fish weight, and amending Commission Regulation (EEC) No 2807/83.
(33)The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS REGULATION
TITLE I
GENERAL PROVISIONSSCOPE
Article 1Subject matter
This Regulation lays down detailed rules for the application of the control system of the United Kingdom as established by the Control Regulation.
This Regulation applies without prejudice to special provisions contained in fisheries agreements concluded between the United Kingdom and other countries or applicable in the framework of regional fisheries management organisations or similar agreements to which the United Kingdom is a Contracting Party or a non-contracting Cooperating Party.
Article 2Definitions
For the purpose of this Regulation the following definitions shall apply:
...
...
‘holder of a fishing licence’ means a natural or legal person to whom a fishing licence as referred to Article 6 of the Control Regulation has been issued;
...
‘fish aggregating device’ means any equipment floating on the sea surface or anchored with the objective of attracting fish;
‘passive gear’ means any fishing gear the catch operation of which does not require an active movement of the gear, including:
gillnets, entangling nets, trammel nets, and trap nets;
drifting gillnets, and drifting trammel nets, any of which may be equipped with anchoring, floating and navigational gear;
long lines, lines, pots and traps;
‘beam trawl’ means any towed trawl in which the mouth of the trawl is held open by a beam or similar device, irrespectively of whether they are supported or not when dragged along the seabed;
‘vessel monitoring system’ (VMS) as referred to in Article 9(1) of the Control Regulation means a satellite-based fishing vessel monitoring system providing to the fisheries authorities data at regular intervals on the location, course and speed of vessels;
‘satellite-tracking device’ as referred to in Article 4(12) of the Control Regulation means a device installed on board of a fishing vessel that transmits position and related data automatically to the fisheries monitoring centre according to the legal requirements and that allows detection and identification of the fishing vessel at all times;
‘fishing trip’ means any voyage of a fishing vessel during which fishing activities are conducted that starts at the moment when the fishing vessel leaves a port and ends on arrival in port;
‘fishing operation’ means all activities in connection with searching for fish, the shooting, towing and hauling of active gears, setting, soaking, removing or resetting of passive gears and the removal of any catch from the gear, keep nets, or from a transport cage to fattening and farming cages;
‘electronic fishing logbook’ means the record by computerised means of fishing operation details by the master of a fishing vessel transmitted to the the authorities of a fisheries administration or of a third country ;
‘product presentation’ means a description of the processed state of the fisheries product or part thereof in accordance with the codes and descriptions in Annex I;
...
‘sighting’ means any observation of a fishing vessel by any competent authority of a fisheries administration ;
‘commercially sensitive information’ means information the release of which is likely to prejudice the commercial interests of an operator;
‘computerised validation system’ means a system capable of verifying that all data recorded in ... databases is accurate, complete and submitted within the deadlines;
‘web service’ means a software system designed to support interoperable machine-to-machine interaction over a network;
‘the Control Regulation’ means Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy.
TITLE IIGENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES
CHAPTER IFishing licenses
Article 3Issue and management of fishing licences
1.A fishing licence referred to in Article 6 of the Control Regulation shall be valid for one ... fishing vessel only.
2.Fishing licences referred to in Article 6 of the Control Regulation shall be issued, managed and withdrawn by a fisheries administration for United Kingdom fishing vessels in accordance with this Regulation.
3.Fishing licences referred to in Article 6 of the Control Regulation shall contain as a minimum the information set out in Annex II.
4.Fishing licences issued in accordance with Regulation (EC) No 1281/2005 shall be considered as fishing licences issued in accordance with this Regulation if they contain the minimum information required by paragraph 3 of this Article.
5.A fishing licence shall only be valid if the conditions on the basis of which it has been issued are still met.
6.If a fishing licence has been temporarily suspended or permanently withdrawn, the authorities of a fisheries administration must immediately inform the holder of the fishing licence.
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CHAPTER IIFishing authorisations
Article 4Fishing authorisations
1.A fishing authorisation referred to in Article 7 of the Control Regulation shall be valid for one ... fishing vessel only.
2.Fishing authorisations referred to in Article 7 of the Control Regulation shall contain as a minimum the information set out in Annex III. A fisheries administration must ensure that the information contained in the fishing authorisation is accurate and consistent with Fisheries Rules .
3.Special fishing permits issued in accordance with Council Regulation (EC) No 1627/94(20) shall be considered as fishing authorisations issued in accordance with this Regulation if they contain the minimum information required by paragraph 2 of this Article.
4.A fishing authorisation as referred to in paragraph 2 and a fishing licence as referred to in Article 3(2) of this Regulation may be contained in the same document.
5.Without prejudice to special rules United Kingdom fishing vessels of less than 10 metres’ length overall which fish exclusively in United Kingdom waters shall be excluded from the obligation to a have a fishing authorisation.
6.Paragraph 2 and paragraph 5 of Article 3 of this Regulation shall apply correspondingly.
Article 5List of fishing authorisations
1.Without prejudice to special rules, ... a fisheries administration must make available on the secure part of their official websites the list of United Kingdom fishing vessels that have received fishing authorisations referred to in Article 7 of the Control Regulation before these fishing authorisations become valid. They shall update their list in case of any changes to this list before they become effective.
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CHAPTER IIIMarking and identification of United Kingdom fishing vessels and their gear
Section 1Marking and identification of fishing vessels
Article 6Marking of fishing vessels
AUnited Kingdom fishing vessel shall be marked as follows:
the letter(s) of the port or district in which the United Kingdom fishing vessels is registered and the number(s) under which it is registered shall be painted or displayed on both sides of the bow, as high above the water as possible so as to be clearly visible from the sea and the air, in a colour contrasting with the background on which they are painted;
for United Kingdom fishing vessels over 10 metres length overall and less than 17 metres length overall, the height of the letters and numbers shall be at least 25 centimetres with a line thickness of at least 4 centimetres. For United Kingdom fishing vessels of 17 metres length overall or more, the height of the letters and numbers shall be at least 45 centimetres, with a line thickness of at least 6 centimetres;
a fisheries administration may require the international radio call sign (IRCS) or the external registration letters and numbers to be painted on top of the wheelhouse, so as to be clearly visible from the air, in a colour contrasting with the ground on which it is painted;
the contrasting colours shall be white and black;
the external registration letters and numbers painted or displayed on the hull of the United Kingdom fishing vessel shall not be removable, effaced, altered, illegible, covered or concealed.
As from 1 January 2016, the International Maritime Organisation ship identification number scheme, as adopted by Resolution A.1078(28) on 4 December 2013 and as referred to in Chapter XI-1, Regulation 3 of the 1974 SOLAS Convention, shall apply to:
United Kingdom fishing vessels or fishing vessels controlled by United Kingdom operators under a chartering arrangement, of 100 tons of Gross Tonnage or 100 tons of Gross Registered Tonnage and above, or 24 metres length overall and above, operating exclusively inside United Kingdom waters;
all United Kingdom fishing vessels or fishing vessels controlled by United Kingdom operators under a chartering arrangement, of 15 metres length overall and above, operating outside United Kingdom waters;
all third country fishing vessels authorised to carry out fishing activities in United Kingdom waters.
Article 7Documents carried on board aUnited Kingdomfishing vessel
1.The master of a United Kingdom fishing vessel of 10 metres length overall or more shall carry on board documents, issued by a competent authority of a fisheries administration , showing at least the following elements of the vessel:
(a)the name if any;
(b)the letters of the port or district in which it is registered, and the number(s) under which it is registered;
(c)the international radio call sign, if any;
(d)the names and addresses of the owner(s) and, where applicable, the charterer(s);
(e)the length overall, propulsion engine power, gross tonnage and, for United Kingdom fishing vessels which entered into service from 1 January 1987 onwards, date of entry into service.
2.On United Kingdom fishing vessels of 17 metres length overall or more with fish rooms the master shall keep on board accurate drawings with description of its fish rooms, including the indication of all access points and of their storage capacity in cubic metres.
3.The master of a United Kingdom fishingvessel with chilled or refrigerated seawater tanks shall keep on board an up-to-date document indicating the calibration of the tanks in cubic metres at 10 centimetre intervals.
4.The documents referred to in paragraphs 2 and 3 shall be certified by the competent authority of a fisheries administration . Any modification of the characteristics contained in the documents referred to in paragraphs 1 to 3, shall be certified by a competent authority of a fisheries administration .
5.The documents referred to in this Article shall be presented for the purposes of control and inspection at the request of the officials.
Section 2Marking and identification of fishing gear and crafts
Article 8Marking of crafts and fish aggregating devices
Any craft carried on board United Kingdom fishing vessels and fish aggregating devices shall be marked with external registration letters and numbers of the United Kingdom fishing vessel(s) which use them.
Article 9General rules for passive gear and beam trawls
1.The provisions contained in Articles 9 to 12 of this Regulation shall apply to United Kingdom fishing vessels fishing in all United Kingdom waters and the provisions contained in Articles 13 to 17 of this Regulation to United Kingdom waters outside 12 nautical miles measured from the base lines ....
2.It shall be prohibited in United Kingdom waters as set down in paragraph 1 to carry out fishing activities with passive gear, buoys, and beam trawls, which are not marked and identifiable in accordance with the provisions of Articles 10 to 17 of this Regulation.
3.It shall be prohibited in United Kingdom waters as set down in paragraph 1 to carry on board:
(a)beams of a beam trawl which do not display the external registration letters and numbers in accordance with Article 10 of this Regulation;
(b)passive gear which is not labelled in accordance with Article 11(2) of this Regulation;
(c)buoys which are not marked in accordance with Article 13(2) of this Regulation.
Article 10Rules for beam trawls
The master of aUnited Kingdom fishing vessel or his representative shall ensure that each assembled beam trawl carried on board or used for fishing clearly displays the external registration letters and numbers of that fishing vessel on the beam of each beam trawl assembly.
Article 11Rules for passive gear
1.The master of aUnited Kingdom fishing vessel or his representative shall ensure that each passive gear carried on board or used for fishing is clearly marked and identifiable in accordance with the provisions of this Article.
2.Each passive gear used for fishing shall permanently display the external registration letters and numbers displayed on the hull of the fishing vessel to which it belongs:
(a)for nets, on a label attached to the upper first row;
(b)for lines and long lines, on a label at the point of contact with the mooring buoy;
(c)for pots and traps, on a label attached to the ground rope;
(d)for passive gear extending more than 1 nautical mile, on labels attached in accordance with (a), (b) and (c) at regular intervals not exceeding 1 nautical mile so that no part of the passive gear extending more than 1 nautical mile shall be left unmarked.
Article 12Rules for labels
1.Each label shall be:
(a)made of durable material;
(b)securely fitted to the gear;
(c)at least 65 millimetres broad;
(d)at least 75 millimetres long.
2.The label shall not be removable, effaced, altered, illegible, covered or concealed.
Article 13Rules for buoys
1.The master of a United Kingdom fishing vessel or his representative shall ensure that two end marker buoys and intermediary marker buoys, rigged in accordance with Annex IV, are fixed to each passive gear used for fishing and are deployed in accordance with the provisions of this Section.
2.Each end marker buoy and intermediary buoy shall display the external registration letters and numbers displayed on the hull of the United Kingdom fishing vessel to which they belong and which has deployed such buoys as follows:
(a)letters and numbers shall be displayed as high above the water as possible so as to be clearly visible;
(b)in a colour contrasting with the surface on which they are displayed.
3.The letters and numbers displayed on the marker buoy shall not be effaced, altered or allowed to become illegible.
Article 14Rules for cords
1.The cords linking the buoys to the passive gear shall be of submersible material, or shall be weighted down.
2.The cords linking the end marker buoys to each gear shall be fixed at the ends of that gear.
Article 15Rules for end marker buoys
1.End marker buoys shall be deployed so that each end of the gear may be determined at any time.
2.The mast of each end marker buoy shall have a height of at least 1 metre above the sea level measured from the top of the float to the lower edge of the bottom most flag.
3.End marker buoys shall be coloured, but may not be red or green.
4.Each end marker buoy shall include:
(a)one or two rectangular flag(s); where two flags are required on the same buoy, the distance between them shall be at least 20 centimetres flags indicating the extremities of the same gear shall be of the same colour and may not be white and shall be of the same size;
(b)one or two light(s), which shall be yellow and give one flash each 5 seconds (F1 Y 5s), and be visible from a minimum distance of 2 nautical miles.
5.Each end marker buoy may include a top sign on the top of the buoy with one or two striped luminous bands which shall be neither red nor green and shall be at least 6 centimetres broad.
Article 16Rules for fixing of end marker buoys
1.End marker buoys shall be fixed to passive gear in the following way:
(a)the buoy in the western sector (meaning the half compass circle from south through west to and including north) shall be rigged with two flags, two striped luminous bands, two lights and a label in accordance with Article 12 of this Regulation;
(b)the buoy in the eastern sector (meaning the half compass circle from north through east to and including the south) shall be rigged with one flag one striped luminous band, one light and a label in accordance with Article 12 of this Regulation.
2.The label shall contain the information contained in Article 13(2) of this Regulation.
Article 17Intermediary marker buoys
1.Intermediary marker buoys shall be fixed to passive gear extending more than 5 nautical miles as follows:
(a)intermediary marker buoys shall be deployed at distances of not more than 5 nautical miles so that no part of the gear extending 5 nautical miles or more shall be left unmarked;
(b)intermediary marker buoys shall be fitted with a flashing light which shall be yellow and give one flash every 5 seconds (F1 Y 5s) and be visible from a minimum distance of 2 nautical miles. They shall have the same characteristics as those of the end marker buoy in the eastern sector, except that the flag shall be white.
2.By derogation from paragraph 1, in the Baltic Sea intermediary marker buoys shall be fixed to passive gear extending more than 1 nautical mile. Intermediary marker buoys shall be deployed at distances of not more than 1 nautical mile so that no part of the gear extending 1 nautical mile or more shall be left unmarked.
Intermediary marker buoys shall have the same characteristics as those of the end marker buoy in the eastern sector except for the following:
(a)the flags shall be white;
(b)every fifth intermediary marker buoys shall be fitted with a radar reflector giving an echo of at least 2 nautical miles.
CHAPTER IVVessel monitoring system
Article 18Requirement of satellite-tracking devices on ... fishing vessels
1.Without prejudice to Article 25(3) of this Regulation aUnited Kingdom fishing vessel subject to VMS shall not be allowed to leave a port without a fully operational satellite-tracking device installed on board.
2.When aUnited Kingdom fishing vessel is in port, the satellite-tracking device may only be switched off if:
(a)prior notification has been given to the fisheries monitoring centre (FMC) of a fisheries administration ; and
(b)providing that the next report shows that the United Kingdom fishing vessel has not changed its position in relation to the previous report.
The competent authorities of a fisheries administration may allow to replace the prior notification referred to in (a) with an automatic VMS message or alarm generated by the system, indicating that the ... fishing vessel is within a pre-defined geographical area of a port.
3.This Chapter shall not apply to ... fishing vessels used exclusively for the exploitation of aquaculture.
Article 19Characteristics of satellite-tracking devices
1.The satellite-tracking device installed on board United Kingdom fishing vessels shall ensure the automatic transmission to the FMC of a fisheries administration , at regular intervals, of data relating to:
(a)the fishing vessel identification;
(b)the most recent geographical position of the fishing vessel, with a position error which shall be less than 500 metres, with a confidence interval of 99 %;
(c)the date and time (expressed in Coordinated Universal Time (UTC)) of the fixing of the said position of the fishing vessel; and
(d)the instant speed and course of the fishing vessel.
2.A fisheries administration must ensure that satellite-tracking devices are protected against input or output of false positions and cannot be manually over-ridden.
Article 20Responsibilities of the masters concerning the satellite-tracking devices
1.The masters of aUnited Kingdom fishing vessel shall ensure that the satellite-tracking devices are fully operational at all times and that the data referred to in Article 19(1) of this Regulation are transmitted.
2.Without prejudice to Article 26(1) of this Regulation, the master of aUnited Kingdom fishing vessel shall ensure in particular that:
(a)the data are not altered in any way;
(b)the antenna or the antennas connected to the satellite tracking devices are not obstructed, disconnected or blocked in any way;
(c)the power supply of the satellite-tracking devices is not interrupted in any way; and
(d)the satellite-tracking device is not removed from the fishing vessel.
3.It shall be prohibited to destroy, damage, render inoperative or otherwise interfere with the satellite-tracking device unless the competent authorities of a fisheries administration have authorised its repair or replacement.
Article 21Control measures to be adopted by a fisheries administration
A fisheries administration must ensure the continuous and systematic monitoring and control of the accuracy of the data referred to in Article 19 of this Regulation, and shall act promptly whenever data are found to be inaccurate or incomplete.
Article 22Frequency of data transmission
1.A fisheries administration must ensure that its FMC receives, at least once every 2 hours, through the VMS the information referred to in Article 19 of this Regulation concerning fishing vessels in its fleet . The FMC may require the information at shorter time intervals.
2.The FMC shall have the capacity of polling the actual position of each of its fishing vessels in its fleet .
Article 23Monitoring of entry into and exit from specific areas
A fisheries administration must ensure that through VMS data its FMC monitors, as regards fishing vessels in its fleet , date and time of entry into and exit from:
any maritime area where specific rules on access to waters and resources apply;
fishing restricted areas referred to in Article 50 of the Control Regulation;
regulatory areas of the Regional Fisheries Management Organisations to which the United Kingdom is a party;
waters under the sovereignty and jurisdiction of a third country.
Article 24Transmission of data to the coastal Member State
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Article 25Technical failure or non-functioning of the satellite-tracking device
1.In the event of a technical failure or non-functioning of the satellite-tracking device fitted on board a United Kingdom fishing vessel , the master or his representative shall, starting from the time that the event was detected or from the time that he was informed in accordance with paragraph 4 or Article 26(1) of this Regulation, communicate every 4 hours, to the FMC of a fisheries administration the up-to-date geographical coordinates of the fishing vessel by appropriate telecommunication means. ...
2.The FMC of a fisheries administration must enter the geographical positions referred to in paragraph 1 into the VMS database without delay on their receipt. The manual VMS data shall be clearly distinguishable in a database from automatic messages. ...
3.Following a technical failure or non-functioning of the satellite-tracking device, aUnited Kingdom fishing vessel may only leave port once the satellite-tracking device fitted on board is fully functioning to the satisfaction of the competent authorities of a fisheries administration . By derogation the FMC of a fisheries administration may authorise fishing vessels in its fleet to leave the port with a non-functioning satellite-tracking device for its repair or replacement.
4.The competent authorities of a fisheries administration must seek to inform the master of or the person responsible for the vessel or their representative when the satellite-tracking device fitted on board a United Kingdom fishing vessel appears to be defective or not fully functioning.
5.The removal of the satellite-tracking device for repair or replacement shall be subject to the approval of the competent authorities of a fisheries administration .
Article 26Non-receipt of data
1.When the FMC of a fisheries administration has not received data transmissions in accordance with Article 22 or Article 25(1) of this Regulation for 12 consecutive hours it shall notify the master or the operator of the United Kingdom fishing vessel or their representative(s) thereof as soon as possible. If, in respect of a particular fishing vessel, that situation occurs more than three times within a period of a calendar year, the fisheries administration must ensure that the satellite-tracking device of the fishing vessel is thoroughly checked. The fisheries administration must investigate the matter in order to establish whether the equipment has been tampered with. By way of derogation from Article 20(2)(d) of this Regulation, that investigation may entail the removal of such equipment for examination.
2.When the FMC of a fisheries administration has not received data transmissions for 12 hours in accordance with Article 22 or Article 25(1) of this Regulation and the last received position was from within the waters of a third country it shall notify the competent authority of that country thereof as soon as possible.
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Article 27Monitoring and recording of the fishing activities
1.A fisheries administration shall use relevant data received from other authorities for the effective monitoring of the activities of fishing vessels.
2.A fisheries administration must :
(a)ensure that data received according to this Chapter are recorded in computer-readable form and safely stored in computerised databases for at least 3 years;
(b)take all necessary measures to ensure that they are only used for official purposes; and
(c)take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation.
Article 28Access to data by the Commission
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TITLE IIICONTROL OF FISHERIES
CHAPTER IFishing logbook, transhipment declaration and landing declaration in paper format
Section 1Completion and submission of a fishing logbook, landing declaration and transhipment declaration in paper format
Article 29... fishing vessels subject to the completion and submission of a fishing logbook and transhipment/landing declaration in paper format
1.Without prejudice to specific provisions contained in multi-annual plans, the master of a United Kingdom fishing vessel of 10 metres length overall or more that is not subject to the electronic completion and transmission of fishing logbook data, transhipment declarations and landing declarations, shall complete and submit the fishing logbook data, transhipment declarations and landing declarations referred to in Articles 14, 21 and 23 of the Control Regulation in paper format. These transhipment declarations and landing declarations may also be completed and submitted by the representative of the master on his behalf.
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Article 30Models for fishing log-books, transhipment declarations and landing declarations in paper format
1.In United Kingdom waters, the fishing logbook, transhipment declaration and landing declaration in paper format shall be completed and submitted by masters of United Kingdom fishing vessels in accordance with the model in Annex VI.
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3.When United Kingdom fishing vessels are carrying out fishing activities in the waters of a third country, in waters regulated by a Regional Fisheries Management Organisation or in waters outside United Kingdom waters not regulated by a Regional Fisheries Management Organisation, the fishing logbook, transhipment declaration and landing declaration in paper format shall be completed and submitted by masters of United Kingdom fishing vessels in accordance with Article 31 of this Regulation and the models in Annexes VI and VII, unless the third country or the rules of the Regional Fisheries Management Organisation concerned specifically require the use of a different kind of fishing logbook, transhipment declaration or landing declaration. If the third country does not specify a particular fishing logbook, transhipment declaration or landing declaration, but does require data elements different from those required by laws applicable in the United Kingdom, such data elements shall be recorded.
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Article 31Instructions for the completion and submission of fishing logbooks, transhipment declarations and landing declarations in paper format
1.The fishing logbook, transhipment declaration and landing declaration in paper format shall be completed and submitted in accordance with the instructions set out in Annex X.
2.Where the instructions set out in Annex X state that the application of a rule is optional, a fisheries administration may make it mandatory.
3.All entries in the fishing logbook, transhipment declaration or landing declaration shall be legible and indelible. No entry shall be erased or altered. If a mistake is made the incorrect entry shall be crossed out with a single line and the new correct entry shall be written and initialled by the master. Each line shall be initialled by the master.
4.The master of the United Kingdom fishing vessel or, for transhipment declarations and landing declarations, his representative shall certify with his initials or signature that the entries in the fishing logbook, transhipment declaration and landing declaration are correct.
Article 32Deadlines for the submission of a fishing logbook, transhipment declaration and a landing declaration in paper format
1.When a United Kingdom fishing vessel has made a landing in a port or a transhipment in a port or in a place close to the shore of the United Kingdom , its master shall submit the original(s) of the fishing logbook, transhipment declaration and landing declaration as soon as possible and not later than 48 hours after completion of transhipment or landing to the competent authorities of the fisheries administration concerned. The original(s) of such a transhipment declaration and landing declaration may also be submitted by the representative of the master on his behalf.
2.When no catches are landed after a fishing trip, the master shall submit the original(s) of the fishing logbook and transhipment declaration as soon as possible and not later than 48 hours after arrival in port. The original(s) of such a transhipment declaration may also be submitted by the representative of the master on his behalf.
3.When a United Kingdom fishing vessel has made a transhipment in a port or in a place close to the shore or a landing in a port of a third country , it shall submit the first copy (copies) of the fishing logbook, transhipment declaration and landing declaration as soon as possible and not later than 48 hours after transhipment or landing to the competent authorities of the country in which the transhipment or landing takes place. The original(s) of the fishing logbook, transhipment declaration and landing declaration shall be dispatched as soon as possible and not later than 48 hours after transhipment or landing to the competent authorities of a fisheries administration .
4.When a United Kingdom fishing vessel has made a transhipment in a port or in the waters of a third country or on the high seas or a landing in a port of a third country, it shall dispatch the original(s) of the fishing logbook, transhipment declaration and landing declaration as soon as possible and not later than 48 hours after the transhipment or landing to the competent authorities of a fisheries administration .
5.When a third country or the rules of a Regional Fisheries Management Organisation require a different kind of fishing logbook, transhipment declaration or landing declaration from the one in Annex VI the master of the United Kingdom fishing vessel shall submit a copy of that document to his competent authorities as soon as possible and not later than 48 hours after transhipment or landing.
Section 2Specific rules for the fishing logbook in paper format
Article 33Completion of fishing logbook in paper format
1.The paper fishing logbook shall be completed with all obligatory information even when there are no catches:
(a)daily by not later than 24.00 and before entering the port;
(b)at the time of any inspection at sea;
(c)at the time of events defined by a fisheries administration .
2.A new line in the paper fishing logbook shall be filled in:
(a)for each day at sea;
(b)when fishing in a new ICES Division or another fishing zone the same day;
(c)when entering fishing effort data.
3.A new page in the paper fishing logbook shall be filled in:
(a)when using different gear, or a net of a different mesh size range, to that of the previous gear used;
(b)for any fishing done after a transhipment or an intermediate landing;
(c)if the number of columns is insufficient;
(d)on departure from a port when no landing has taken place.
4.On departure from a port, or following completion of a transhipment operation, and when catches remain on board, the quantities of each species shall be indicated on a new fishing logbook page.
5.The codes given in Annex XI shall apply to indicate, under the appropriate headings of the paper format fishing logbook, the fishing gear used.
Section 3Specific rules for the transhipment declaration and landing declaration in paper format
Article 34Handing over of a transhipment declaration in paper format
1.In the case of a transhipment operation between two United Kingdom fishing vessels on completion of a transhipment operation the master of the transhipping fishing vessel or his representative shall hand over a copy of his vessel’s paper transhipment declaration to the master of the receiving vessel or his representative. The master of the receiving vessel or his representative on completion of transhipment operation shall also hand over a copy of his vessel’s paper transhipment declaration to the master of the transhipping vessel or his representative.
2.The copies referred to in paragraph 1 shall be presented for the purposes of control and inspection at the request of an official.
Article 35Signing of the landing declaration
Each page of the landing declaration shall be signed prior to submission by the master or his representative.
CHAPTER IIFishing logbook, landing declaration and transhipment declaration in electronic format
Section 1Completion and transmission of a fishing logbook, landing declaration and transhipment declaration data in electronic format
Article 36Requirement of electronic recording and reporting system on ... fishing vessels
1.Without prejudice to Article 39(4) of this Regulation aUnited Kingdom fishing vessel subject to electronic completion and transmission of fishing logbook, transhipment declaration and landing declaration in accordance with Articles 15, 21 and 24 of the Control Regulation shall not be allowed to leave port without a fully operational electronic recording and reporting system installed on board.
2.This Chapter shall not apply to ... fishing vessels used exclusively for the exploitation of aquaculture.
Article 37Format for transmission of data from aUnited Kingdom fishing vessel to the competent authority of a fisheries administration
A fisheries administration must determine the format to be used between United Kingdom fishing vessels and their competent authorities for the completion and transmission of fishing logbook, transhipment declaration and landing declaration data as referred to in Articles 15, 21 and 24 of the Control Regulation.
The fishing logbook, transhipment declaration and landing declaration in electronic format shall be completed in accordance with the instructions set out in Annex X.
Article 38Return messages
1.Return messages shall be issued to the United Kingdom fishing vessels for each transmission of fishing logbook, transhipment, prior notification and landing data. The return message shall contain an acknowledgement of receipt.
2.The master of aUnited Kingdom fishing vessel shall retain the return message until the end of the fishing trip.
Article 39Provisions in the event of technical failure or non-functioning of electronic recording and reporting systems
1.In the event of a technical failure or non-functioning of the electronic recording and reporting system fitted on board a United Kingdom fishing vessel , the master of the fishing vessel or his representative shall, starting from the time that the event was detected or from the time that he was informed in accordance with Article 40(1) of this Regulation, communicate fishing logbook, transhipment declaration and landing declaration data to the competent authorities of a fisheries administration by appropriate telecommunications means on a daily basis and no later than 24.00 even when there are no catches. ...
2.In the event of a technical failure or non-functioning of the electronic recording and reporting system fishing logbook and transhipment declaration data shall also be sent:
(a)at the request of the competent authority of a fisheries administration ;
(b)immediately after the last fishing operation or after the transhipment has been completed;
(c)before entering into port;
(d)at the time of any inspection at sea;
(e)at the time of events defined in by a fisheries administration .
Prior notification and landing declaration data shall also be sent in the cases referred to in (a) and (e).
3.The competent authorities of a fisheries administration shall enter the data referred to in paragraph 1 into the electronic data base without delay on their receipt.
4.Following a technical failure or non-functioning of its electronic recording and reporting system, a United Kingdom fishing vessel may only leave port once the recording and reporting system fitted on board is fully functioning to the satisfaction of the competent authorities of a fisheries administration or is otherwise authorised to leave by the competent authorities of a fisheries administration . The flag Member State shall immediately notify the third country when it has authorised one of its fishing vessels to leave a port in the third country with a non-functioning electronic recording and reporting system.
5.The removal of the electronic recording and reporting system for repair or replacement shall be subject to the approval of the competent authorities of a fisheries administration .
Article 40Non-receipt of data
1.When the competent authorities of a fisheries administration have not received data transmissions in accordance with Articles 15, 22 and 24 of the Control Regulation they shall notify the master or the operator of the United Kingdom fishing vessel or their representative(s) thereof as soon as possible. If, in respect of a particular United Kingdom fishing vessel or their representative, that situation occurs more than three times within a period of calendar year, a fisheries administration must ensure that the electronic recording and reporting system of the fishing vessel is thoroughly checked. A fisheries administration must investigate the matter in order to establish why data have not been received and shall take appropriate measures.
2.When the competent authorities of a fisheries administration have not received data transmissions in accordance with Articles 15, 22 and 24 of the Control Regulation and the last position received through the Vessel Monitoring System was from within the waters of a third country they shall notify the competent authorities of that third country thereof as soon as possible.
3.The master or the operator of the United Kingdom fishing vessel or their representative shall send all data which have not yet been transmitted and for which a notification was received in accordance with paragraph 1 to the competent authorities of a fisheries administration immediately on receipt of the notification.
Article 41Data access failure
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Article 42Data on the functioning of the electronic recording and reporting system
1.A fisheries administration must maintain databases on the functioning of their electronic recording and reporting system. Those databases shall contain at least and be capable to generate automatically the following information:
(a)the list of fishing vessels in its fleet whose electronic recording and reporting systems have experienced technical failure or have failed to function;
(b)the number of vessels that have not made daily electronic fishing logbook transmissions and the average number of electronic fishing logbook transmissions received per fishing vessel, broken down by flag state ;
(c)the number of transhipment declaration, landing declaration, takeover declaration and sales note transmissions received, broken down by flag state .
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Article 43Mandatory data in the exchange of information between Member States
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Article 44Access to data
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Article 45Exchange of data ...
A fisheries administration must:
ensure that data received according to this Chapter are recorded in computer-readable form and safely stored in computerised databases for at least 3 years;
take all necessary measures to ensure that the data are only used for purposes as provided for in this Regulation; and
take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation.
Article 46Single authority
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Section 2Specific rules for the fishing logbook in electronic format
Article 47Frequency of transmission
1.When at sea the master of aUnited Kingdom fishing vessel shall transmit the electronic fishing logbook information to the competent authorities of a fisheries administration at least once a day and no later than 24.00 even when there are no catches. He shall also send such data:
(a)at the request of the competent authority of a fisheries administration ;
(b)immediately after the last fishing operation has been completed;
(c)before entering into port;
(d)at the time of any inspection at sea;
(e)at the time of events defined by a fisheries administration .
When the last fishing operation took place not more than 1 hour before the entry into port the transmissions referred to in (b) and (c) may be sent in a single message.
1a.The master of a United Kingdom fishing vessel shall send an electronic departure message to the competent authorities of a fisheries administration before leaving port and before starting any other electronic transmission related to the fishing trip.
2.The master may transmit corrections to the electronic fishing logbook and transhipment declaration data up to the last transmission referred to in paragraph 1(c). Corrections shall be easily identifiable. All original electronic fishing logbook data and corrections to those data shall be stored by the competent authorities of a fisheries administration .
3.The master shall keep a copy of the information referred to in paragraph 1 on board the fishing vessel for the duration of each absence from port and until the landing declaration has been submitted.
4.When a United Kingdom fishing vessel is in port, does not carry fishery products on board and the master has submitted the landing declaration for all fishing operations on the last fishing trip, transmission in accordance with paragraph 1 of this Article may be suspended subject to prior notification to the FMC of a fisheries administration. Transmission shall be resumed when the United Kingdom fishing vessel leaves the port. Prior notification is not required for United Kingdom fishing vessels equipped with and transmitting data via VMS.
CHAPTER IIICommon rules for fishing logbooks, transhipment declarations and landing declarations in paper or electronic format
Section 1Common rules for the determination of live weight
Article 48Definitions
For the purpose of this Chapter the following definitions shall apply:
‘presentation’ means the form into which the fish is processed while on board of the fishing vessel and prior to landing, as described in Annex I;
‘collective presentation’ means a presentation consisting of two or more parts extracted from the same fish.
Article 49Conversion factors
1.For the completion and submission of fishing logbooks as referred to in Articles 14 and 15 of the Control Regulation the ... conversion factors set out in Annexes XIII, XIV and XV shall apply to convert stored or processed fish weight into live fish weight. They shall apply to fisheries products on board or transhipped or landed by United Kingdom fishing vessels .
2.By way of derogation from paragraph 1, where Regional Fisheries Management Organisations, of which the United Kingdom is a contracting party or cooperating non-contracting party, for its regulatory area or a third country with whom the United Kingdom has an agreement to fish, for the waters under its sovereignty or jurisdiction, have established conversion factors, those factors shall apply.
3.Where no conversion factors as referred to in paragraphs 1 and 2 exist for a given species and presentation, the conversion factor adopted by the a fisheries administration shall apply.
4.Without prejudice to paragraph 2 the competent authorities of a fisheries administration shall use the ... conversion factors referred to in paragraph 1 when calculating the live weight of transhipments and landings in order to monitor the quota uptake.
Article 50Calculation method
1.The fish live weight shall be obtained by multiplying the fish processed weight by the conversion factors referred to in Article 49 of this Regulation for each species and presentation.
2.In case of collective presentations, only one conversion factor corresponding to one of the parts of the collective presentation of a fish shall be used.
Section 2Common rules for the completion and submission of the Fishing logbook
Article 51General rules for fishing logbooks
1.The margin of tolerance referred to in Article 14(3) of the Control Regulation for the estimation of quantities in kilograms live weight of each species retained on board shall be expressed as a percentage of the fishing logbook figures.
2.For catches which are to be landed unsorted the margin of tolerance may be calculated on the basis of one or more representative samples for the total quantities kept on board.
3.For the purpose of the application of Article 14 of the Control Regulation species caught for live bait shall be considered as a species caught and kept on board.
4.The master of a United Kingdom fishing vessel crossing an effort zone where it is authorised to fish shall record and report the information referred to in Article 14(5) of the Control Regulation as applicable even if he does not carry out any fishing activities in that zone.
Section 3Common rules for the completion and submission of transhipment/landing declarations
Article 52Margin of tolerance in the transhipment declaration
The margin of tolerance referred to in Article 21(3) of the Control Regulation for the estimation of quantities in kilograms live weight of each species transhipped or received shall be expressed as a percentage of the transhipment declaration figures.
Article 53Difference in transhipped catches
When a difference exists between the quantities of catches transhipped from the transhipping vessel and the quantities taken on board by the receiving vessel the higher quantity shall be considered to have been transhipped. A fisheries administration must ensure that follow up action is taken to determine the actual weight of fishery products transhipped between the transhipping and the receiving vessel.
Article 54Completion of landing operation
When, in accordance with Article 61 of the Control Regulation, the fisheries products are transported from the place of landing before they have been weighed, the landing operation shall be regarded to have been completed for the purpose of the application of Articles 23(3) and 24(1) of the Control Regulation when the fisheries products have been weighed.
Article 55Fishing Operations involving two or more ... fishing vessels
Without prejudice to special rules in the case of fishing operations involving two or more United Kingdom fishing vessels ... the landed catch shall be attributed to the United Kingdom fishing vessel landing the fisheries products.
CHAPTER IV
Article 56
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Article 57
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CHAPTER VControl of fishing effort
Article 58Fishing effort report
1.The fishing effort report referred to in Article 28 of the Control Regulation shall be sent in accordance with Annex XVII.
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CHAPTER VI
Article 59
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Article 60
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CHAPTER VIIEngine power
Article 61Certification of propulsion engine power
1.The certification of the maximum continuous engine power of a new propulsion engine, a replacement propulsion engine and a propulsion engine that has been technically modified, as referred to in Article 40(1) and (2) of the Control Regulation, shall be provided in accordance with Regulation (EU) 2017/1130 .
2.A propulsion engine shall be considered to have been technically modified as referred to in paragraph 1 when any of its main components (parts), including but not limited to, injection equipment, valves, turbocharger, pistons, cylinder liners, connecting rods, cylinder heads, have been modified or replaced by new parts with different technical specifications resulting in a modified power rating or when the engine adjustments, such as the injection settings, turbocharger configuration, or the valve timings have been modified. The nature of the technical modification shall be clearly explained in the certification referred to in paragraph 1.
3.The holder of a fishing licence shall inform the competent authorities before a new propulsion engine will be installed or before an existing propulsion engine will be replaced or technically modified.
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Article 62Verification and sampling plan
1.For the purpose of verifying the engine power in accordance with Article 41 of the Control Regulation, a fisheries administration must establish a sampling plan for the identification of United Kingdom fishing vessels or groups of fishing vessels in its fleet with a risk of under-declaration of propulsion engine power. As a minimum, the sampling plan shall be based on following high risk criteria:
(a)fishing vessels operating in fisheries that are subject to fishing effort regimes, in particular those fishing vessels to which an individual effort allocation in kW*days has been allocated;
(b)fishing vessels subject to limitations of vessel power resulting from ... law;
(c)fishing vessels for which the ratio of vessel power (kW) to vessel tonnage (GT) is 50 % lower than the average ratio for the same type of fishing vessel, gear type and target species. For the purpose of that analysis, a fisheries administration may divide the fleet according to one or several of the following criteria:
fleet segmentation or management units defined in national law;
length categories;
tonnage categories;
gears used;
target species.
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Article 63Physical verification
1.When propulsion power measurements are performed on board a fishing vessel in the framework of a physical verification of propulsion engine power as referred to in Article 41(2) of the Control Regulation, the propulsion engine power may be measured at the most accessible point between the propeller and the engine.
2.If the power of the propulsion engine is measured after the reduction gear, an appropriate correction shall be applied to the measurement in order to calculate the propulsion engine power at the engine output flange according to the definition in Article 5(1) of Regulation (EU) 2017/1130 . That correction shall take into account the power losses resulting from the gearbox on the basis of the official technical data provided by the gearbox manufacturer.
CHAPTER VIII
Article 64
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Article 65
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TITLE IVCONTROL OF MARKETING
CHAPTER ITraceability
Article 66Definition
For the purpose of this Chapter, the following definition shall apply:
‘Fisheries and aquaculture products’ means any products which fall under Chapter 3, subheading 1212 21 00 of Chapter 12 and under headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87 (21) .
Article 67Information on lots
1.Operators shall provide the information on fisheries and aquaculture products referred to in Article 58(5) of the Control Regulation at the moment when the fisheries and aquaculture products are put into lots and no later than the first sale.
2.In addition to paragraph 1, operators shall update the relevant information referred to in Article 58(5) of the Control Regulation which ensues from the merging or splitting of the lots of fisheries and aquaculture products after first sale, at the stage when it becomes available.
3.In case where, as a result of the merging or splitting of the lots after first sale, fisheries and aquaculture products from several fishing vessels or aquaculture production units are mixed, operators shall be able to identify each lot of origin at least by means of their identification number referred to in Article 58(5)(a) of the Control Regulation and make possible to trace them back to catching or harvesting stage, in accordance with Article 58(3) of the Control Regulation.
4.Systems and procedures referred to in Article 58(4) of the Control Regulation shall allow operators to identify the immediate supplier(s) and, except when they are final consumers, the immediate buyer(s) of the fisheries and aquaculture products.
5.The information on fisheries and aquaculture products referred to in Article 58(5) of the Control Regulation shall be provided by means of the labelling or packaging of the lot, or by means of a commercial document physically accompanying the lot. It may be affixed to the lot by way of an identification tool such as a code, barcode, electronic chip or a similar device or marking system. The information on the lot shall remain available at all stages of production, processing and distribution in such a way that the competent authorities of a fisheries administration have access to it at any time.
6.Operators shall affix the information on fisheries and aquaculture products referred to in Article 58(5) of the Control Regulation by way of an identification tool such as a code, barcode, electronic chip or a similar device or marking system:
(a)as from 1 January 2013, to fisheries subject to a multiannual plan;
(b)as from 1 January 2015, to other fisheries and aquaculture products.
7.Where the information referred to in Article 58(5) of the Control Regulation is provided by means of a commercial document physically accompanying the lot, at least the identification number shall be affixed to the corresponding lot.
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9.The information on the date of catches referred to in Article 58(5) point (d) of the Control Regulation may include several calendar days or one period of time corresponding to several dates of catches.
10.The information on the suppliers referred to in Article 58(5) point (f) of the Control Regulation shall be the immediate supplier(s) of the operator referred in paragraph 4 of this Article. This information may be provided, where applicable, by way of the identification mark referred to in Annex II, Section I, of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin(22).
11.The information listed in points (a) to (f) of Article 58(5) of the Control Regulation shall not apply to:
(a)imported fisheries and aquaculture products which are excluded from the scope of implementation of the catch certificate in accordance with Article 12(5) of Council Regulation (EC) No 1005/2008(23);
(b)fisheries and aquaculture products caught or farmed in freshwater; and
(c)ornamental fish, crustaceans and molluscs.
12.The information listed in Article 58(5) of the Control Regulation shall not apply to fisheries and aquaculture products falling under headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature.
13.For the purposes of Article 58(5) of the Control Regulation, the information on the area where the product was caught or farmed shall be:
(a)for catches of stocks or group of stocks subject to a quota and/or a minimum size ..., the relevant geographical area, as defined in Article 4(30) of the Control Regulation;
(b)for catches of other stocks or group of stocks, fishery products caught in freshwater and aquaculture products, the name of the catch or the production area in accordance with Article 38(1) of Regulation (EU) No 1379/2013 of the European Parliament and of the Council(24).
14.The value of small quantities of fisheries and aquaculture products referred to in Article 58(8) of the Control Regulation shall be applicable to direct sales by a fishing vessel, per calendar day and per final consumer.
Article 68Information to the consumer
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CHAPTER IIWeighing of fisheries products
Section 1General rules on weighing
Article 69Scope
Without prejudice to Articles 78 - 89 of this Regulation the provisions contained in this chapter shall apply to landings from United Kingdom fishing vessels taking place in the United Kingdom and transhipments involving United Kingdom fishing vessels taking place in ports or places close to the shore of the United Kingdom as well as to the weighing of fisheries products on board United Kingdom fishing vessels in United Kingdom waters .
Article 70Weighing records
1.Registered buyers, registered auctions or other bodies or persons that are responsible for the first marketing or storage before first marketing of fisheries products, or where appropriate the master of the United Kingdom fishing vessel , shall record weighing carried out in accordance Articles 60 and 61 of the Control Regulation by indicating the following information:
(a)the FAO alpha-3 codes of the species weighed;
(b)result of weighing for each quantity of each species in kilograms product weight;
(c)the external identification number and the name of the fishing vessel from which the weighed quantity originates;
(d)presentation of the fisheries products weighed;
(e)date of weighing (YYYY-MM-DD).
2.Registered buyers, registered auctions or other bodies or persons that are responsible for the first marketing, or storage before first marketing of fisheries products or where appropriate the master of aUnited Kingdom fishing vessel , shall keep the records referred to in paragraph 1 for a period of 3 years.
Article 71Timing of weighing
1.Where fisheries products are transhipped between United Kingdom fishing vessels and the first landing of the transhipped fisheries products is to take place in a port outside of the United Kingdom , the fisheries products shall be weighed before being transported away from the port or place of transhipment.
2.When the fisheries products are weighed on board aUnited Kingdom fishing vessel in accordance with Article 60(3) of the Control Regulation and they are weighed again on land after landing the figure resulting from the weighing on land shall be used for the purpose of Article 60(5) of the Control Regulation.
3.Without prejudice to special provisions for United Kingdom fishing vessels not subject to the electronic completion and transmission of fishing logbook data as referred to in Article 15 of the Control Regulationa fisheries administration may require the master to hand over a copy of the log sheet to the competent authorities of the country of landing prior to weighing.
Article 72Weighing systems
1.All weighing systems shall be calibrated and sealed ... by the competent authorities of a fisheries administration .
2.The natural or legal person responsible for the weighing system shall maintain a record of calibration.
3.Where the weighing is carried out on a conveyor belt system a visible counter shall be fitted that records the cumulative total of the weight. The reading of the counter at the start of the weighing operation as well as the cumulative total shall be recorded. All use of the system shall be recorded by the natural or legal person responsible for the weighing in the weighing logbook.
Article 73Weighing of frozen fisheries products
1.Without prejudice to special provisions and in particular Articles 70 and 74 of this Regulation when landed quantities of frozen fisheries products are weighed, the weight of frozen fisheries products landed in boxes or blocks may be determined per species and, where appropriate, presentation by multiplying the total number of boxes or blocks by a net average weight for a box or block calculated according to the methodology set down in Annex XVIII.
2.The natural or legal persons weighing the fisheries products shall keep a record per landing, indicating:
(a)the name and external registration letters and numbers of the vessel from which the fishery products have been landed;
(b)the species and, where appropriate, presentation of fish landed;
(c)the size of the lot and sample of pallets per species and, where appropriate, presentation in accordance with the provisions of point 1 of Annex XVIII;
(d)the weight of each pallet in the sample and the average weight of the pallets;
(e)the number of boxes or blocks on each pallet in the sample;
(f)the tare weight per box, if different from the tare weight specified in point 4 of Annex XVIII;
(g)the average weight of an empty pallet in accordance with the provisions of point 3(b) of Annex XVIII;
(h)the average weight per box or block of fisheries per species and, where appropriate, presentation.
Article 74Ice and water
1.Before weighing the registered buyer, registered auction or other bodies or persons responsible for the first marketing of fisheries products shall ensure that the fisheries products be cleaned of ice as is reasonable without causing spoilage and reducing quality.
2.Without prejudice to special rules for pelagic species referred to in Articles 78-89 of this Regulation which are landed in bulk for transfer to the point of first marketing, storage or processing, the deduction of water and ice from the total weight shall not exceed 2 %. In all cases the percentage for deduction of water and ice shall be recorded on the weighing slip with the entry for weight. There shall be no deduction of water or ice for landings for industrial purposes or for non-pelagic species.
Article 75Access by competent authorities
The competent authorities shall have full access at all times to the weighing systems, the weighing records, written declarations and all premises where the fisheries products are stored or processed.
Article 76Sampling plans
1.The sampling plan referred to in Article 60(1) of the Control Regulation and any substantial modification thereof shall be adopted by a fisheries administration in accordance with the risk-based methodology described in Annex XIX.
2.The sampling plan referred to in Article 60(3) of the Control Regulation and any substantial modification thereof shall be adopted by a fisheries administration in accordance with the risk-based methodology described in Annex XX. If catches are weighed on board, the margin of tolerance as referred to in Articles 14(3) and 21(3) of the Control Regulation shall not apply when the figure resulting from weighing after landing is greater than the corresponding figure resulting from weighing on board.
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Article 77Control plans and programmes for the weighing of fisheries products after transport from the place of landing
1.The control plan referred to in Article 61(1) of the Control Regulation and any substantial modification thereof shall be adopted by a fisheries administration in accordance with the risk-based methodology described in Annex XXI.
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Section 2Special rules for weighing of certain pelagic species
Article 78Scope of weighing procedures for catches of herring, mackerel, horse mackerel and blue whiting
The rules set out in this Section shall apply to the weighing of catches landed in the United Kingdom or by United Kingdom fishing vessels in third countries, of herring ( Clupea harengus ), mackerel ( Scomber scombrus ), horse mackerel ( Trachurus spp.) and blue whiting ( Micromesistius poutassou ) or a combination thereof, taken in:
for herring in ICES zones I, II, IIIa, IV, Vb, VI and VII;
for mackerel in ICES zones IIa, IIIa, IV, Vb, VI, VII, VIII, IX, XII, XIV and United Kingdom waters of CECAF;
for horse mackerel in ICES zones IIa, IV, Vb, VI, VII, VIII, IX, X, XII, XIV and United Kingdom waters of CECAF;
for blue whiting in ICES zones IIa, IIIa, IV, Vb, VI, VII, VIII, IX, X, XII, XIV and United Kingdom waters of CECAF;
when the quantities per landing exceed 10 tonnes.
Article 79Ports of weighing catches of herring, mackerel, horse mackerel and blue whiting
1.Catches of species referred to in Article 78 of this Regulation shall be weighed immediately on landing. However, catches of these species may be weighed after transport where:
for a destination within the United Kingdoma fisheries administration has adopted a control plan as referred to in Article 61(1) of the Control Regulation in accordance with the risk-based methodology described in Annex XXI,
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2.A fisheries administration must establish at which of its ports the weighing of species referred to in Article 78 of this Regulation shall be carried out and shall ensure that all landings of such species are carried out in those ports. Such ports shall have:
(a)established landing and transhipment times;
(b)established landing and transhipment places;
(c)established inspection and surveillance procedures.
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5.A fisheries administration must ensure that all landings of species referred to in Article 78 of this Regulation by United Kingdom fishing vessels outside the United Kingdom are carried out in ports expressly chosen for the purpose of weighing by third countries which have concluded agreements with the United Kingdom concerning such species.
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7.A fisheries administration must publish the list of ports and changes thereto on their official websites.
Article 80Entry into a port ...
1.For the purpose of weighing, the master of a fishing vessel or his representative shall inform the competent authorities of a fisheries administration at least 4 hours in advance of entry to a United Kingdom port of landing ... of the following:
(a)the port he intends to enter, the name of the vessel and its external registration letters and numbers;
(b)the estimated time of arrival at that port;
(c)the quantities in kilograms live weight of herring, mackerel, horse mackerel and blue whiting retained on board;
(d)relevance geographical area(s) where the catch was taken; the zone shall refer to the sub-area and division or sub-division in which catch limits apply pursuant to Fisheries Rules .
2.The master of aUnited Kingdom fishing vessel which is under the obligation to record fishing logbook data electronically shall send the information referred to in paragraph 1 electronically to a fisheries administration . A fisheries administration must transmit this information without delay to the country where the landing is to be made . The electronic fishing logbook data referred to in Article 15 of the Control Regulation and the information referred to in paragraph 1 may be sent in a single electronic transmission.
3.A fisheries administration may provide for a shorter notification period than laid down in paragraph 1. In such a case, the fisheries administration must put this information on its official website.
Article 81Discharge
The competent authorities of a fisheries administration must require that the discharge of any catches referred to in Article 78 of this Regulation does not commence until it is expressly authorised. If the discharge is interrupted, permission shall be required before the discharge can recommence.
Article 82Fishing logbook
1.Immediately upon arrival in a United Kingdom port and before the discharge commences, the master of a fishing vessel which is not under the obligation to record fishing logbook data electronically shall present the completed relevant page or pages of the fishing logbook for inspection by the competent authority of a fisheries administration at the port of landing.
2.The quantities of herring, mackerel, horse mackerel and blue whiting retained on board, notified prior to landing as referred to in Article 80(1)(c) of this Regulation, shall be equal to the quantities recorded in the fishing logbook after its completion.
Article 83Publicly operated weighing facilities for fresh herring, mackerel, horse mackerel and blue whiting
Without prejudice to the provisions of Article 72 of this Regulation, where publicly operated weighing facilities are used, the natural or legal persons weighing catches referred to in Article 78 of this Regulation shall issue to the buyer a weighing slip indicating the date and time of the weighing and the identity number of the tanker. A copy of the weighing slip shall be attached to the sales note or takeover declaration.
Article 84Privately operated weighing facilities for fresh fish
1.In addition to the provisions of Article 72 of this Regulation, the use of privately operated weighing facilities shall also be subject to the requirements of this Article.
2.The natural or legal persons weighing any catches referred to in Article 78 of this Regulation shall for each weighing system keep a bound, paginated record. This shall be completed immediately after the completion of weighing of an individual landing, and at the latest by 23.59 local time of the day of completion of weighing. This record shall indicate:
(a)the name and external registration letters and numbers of the vessel from which any catches referred to in Article 78 of this Regulation have been landed;
(b)the unique identity number of the tankers and its load in cases where any catches referred to in Article 78 of this Regulation have been transported from the port of landing before weighing in accordance with Article 79 of this Regulation. Each tanker load shall be weighed and recorded separately. However the total weight of all the tanker loads from the same vessel may be recorded as a whole in case these tanker loads are weighed consecutively and without interruption;
(c)the species of fish;
(d)the weight of each landing;
(e)the date and time of the beginning and end of the weighing.
3.Without prejudice to Article 72(3) of this Regulation, where the weighing is carried out on a conveyor belt system all use of the system shall be recorded in the bound, paginated record of weighing.
Article 85Weighing of frozen fish
When landed quantities of frozen herring, mackerel, horse mackerel and blue whiting are weighed, the weight of frozen fish landed in boxes shall be determined per species in accordance with Article 73 of this Regulation.
Article 86Keeping of weighing records
All records of weighing provided for in Article 84(3) and Article 85 of this Regulation and the copies of any transport documents as part of a control plan or a common control programme referred to in Article 79(1) of this Regulation shall be kept for at least 3 years.
Article 87Sales note and takeover declaration
The natural or legal persons responsible for the submission of sales notes and takeover declarations shall submit such declarations in respect of species referred to in Article 78 of this Regulation to the competent authorities of the country concerned on demand.
Article 88Cross-checks
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Article 89Monitoring of weighing
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CHAPTER IIISales notes and take-over declarations
Article 90General rules
1.In the sales note and the take-over declaration, the number of individuals as referred to in Articles 64(1)(f) and 66(3)(e) of the Control Regulation shall be indicated if the relevant quota is managed on the basis of individuals.
2.The type of presentation referred to in Article 64(1)(g) of the Control Regulation shall include the state of presentation as set out in Annex I.
3.The price referred to in Article 64(1)(l) of the Control Regulation shall be indicated in pounds sterling .
Article 91Formats of sales notes and take-over declarations
1.A fisheries administration must determine the format to be used for the completion and transmission of sales notes and take-over declarations between registered buyers, registered auctions, or other bodies or persons authorised by a fisheries administration and its competent authorities as referred to in Articles 63 and 67 of the Control Regulation.
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4.A fisheries administration must:
(a)ensure that data received according to this Chapter are recorded in computer-readable form and safely stored in computerised databases for at least 3 years;
(b)take all necessary measures to ensure that the data are only used for purposes as provided for in this Regulation; and
(c)take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation.
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TITLE VSURVEILLANCE
CHAPTER ISurveillance reports
Article 92Information to be recorded in the surveillance report
1.The surveillance reports referred to in Article 71(3) and (4) of the Control Regulation shall be established in accordance with Annex XXIII to this Regulation.
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3.The data from the reports shall be retained for at least 3 years.
4.Upon receipt of a surveillance report as referred to in paragraph 1 a fisheries administration must , as soon as possible, initiate an investigation on the activities of United Kingdom fishing vessels to which the surveillance report refers.
5.Paragraph 1 shall apply without prejudice to the rules adopted by Regional Fisheries Management Organisations to which the United Kingdom is a contracting party.
CHAPTER IIControl observers
Article 93General rules concerning control observers
1.Without prejudice to special rules established by a Regional Fisheries Management Organisation or agreed with a third country, United Kingdom fishing vessels identified for the application of a control observer scheme shall carry at least one control observer on board during the time fixed by the scheme.
2.A fisheries administration must designate control observers and ensure they are able to carry out their tasks. A fisheries administration must ensure in particular the deployment of control observers to and from the United Kingdom fishing vessel concerned.
3.Control observers shall not perform other tasks than those established Article 73 of the Control Regulation and in Article 95 of this Regulation unless other tasks are to be performed pursuant to the ... control observer scheme or as a part of an observer programme under the scope of a Regional Fisheries Management Organisation or established in the framework of a bilateral agreement with a third country.
4.The competent authorities shall ensure that for the purposes of their mission control observers have means of communication independent from the communication system of the fishing vessel.
5.These rules do not affect the powers of the master of the fishing vessel as being in sole charge of the operations of the vessel.
Article 94Independence of control observers
In order to be independent from the owner, the operator, the master of the United Kingdom fishing vessel and any crew member, as prescribed by Article 73(2) of the Control Regulation, control observers shall not be:
a relative or an employee of the master of the United Kingdom fishing vessel or any other crew member, the representative of the master or the owner or the operator of the United Kingdom fishing vessel to which he is assigned,
an employee of a company controlled by the master, a crew member, the representative of the master or the owner or the operator of the United Kingdom fishing vessel to which he is assigned.
Article 95Duties of control observers
1.Control observers shall verify the relevant documents and record the fishing activities of the United Kingdom fishing vessel in which they are embarked as are listed in Annex XXV.
2.Control observers on board aUnited Kingdom fishing vessel shall, where appropriate, brief the officials who are about to proceed to an inspection of that fishing vessel upon arrival on board. If the facilities on board the United Kingdom fishing vessel so allow and where appropriate the brief shall take place in a closed meeting.
3.Control observers shall draw up the report referred to in Article 73(5) of the Control Regulation using the format established in Annex XXVI. They shall forward that report without delay and in any case within 30 days following completion of an assignment to his authorities and to the competent authorities of a fisheries administration . ....
Article 96Pilot projects
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TITLE VIINSPECTION
CHAPTER IConduct of inspections
Section 1General provisions
Article 97Officials authorised to conduct inspections at sea or on land
1.Officials responsible for carrying out inspections, as referred to in Article 74 of the Control Regulation shall be authorised by the competent authorities of a fisheries administration . To this end, a fisheries administration must provide their officials with a service card stating their identity and the capacity under which they operate. Each official on duty shall carry that service card and present it during an inspection at the earliest opportunity.
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Article 98General principles
1.Without prejudice to provisions contained in multi-annual plans, competent authorities of a fisheries administration must adopt a risk based approach for the selection of targets for inspection, using all available information. In accordance with this approach, officials shall carry out inspections in accordance with rules laid down in this Chapter.
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3.Subject to a risk based control and enforcement strategy a fisheries administration must carry out the necessary inspection activities in an objective way in order to prevent the retention on board, transhipment, landing, transfer to cages and farms, processing, transport, storage, marketing and stocking of fishery products originating from activities that are not in compliance with Fisheries Rules .
4.Inspections shall be carried out in a manner as to prevent to the extent possible any negative impact on the hygiene and quality of the fisheries products inspected.
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Article 99Duties of officials during the pre-inspection phase
During the pre-inspection phase officials shall, where possible, collect all appropriate information, including:
fishing licences and fishing authorisations;
VMS information corresponding to the current fishing trip;
aerial surveillance, and other sightings;
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Article 100Duties of officials authorised to conduct inspections
1.Officials authorised to conduct inspections shall verify and note the relevant items defined in the appropriate inspection module of the inspection report in Annex XXVII. For this purpose they may take pictures, video and audio recordings in accordance with national law, and, where appropriate, samples.
2.Officials shall not interfere with the right of any operator to communicate with the competent flag state authorities during inspection operations.
3.Officials shall take into account any information provided in accordance with Article 95(2) of this Regulation by a control observer on board the fishing vessel to be inspected.
4.On completion of an inspection officials shall debrief operators as appropriate on fisheries regulations relevant to the prevailing circumstances.
5.Officials shall leave as soon as possible the fishing vessel or the inspected premise following the completion of the inspection if no evidence of an apparent infringement is detected.
Article 101Obligations of a fisheries administration
1.The competent authorities of a fisheries administration must ensure that their officials, whilst being courteous and sensitive, conduct inspections professionally and to a high standard.
2.The competent authorities of a fisheries administration must establish procedures to ensure that any complaint made by operators regarding the conduct of inspections carried out by their officials is investigated in a fair and thorough manner in accordance with applicable laws .
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Section 2Inspections at sea
Article 102General provisions on inspections at sea
1.Any vessel used for control purposes including surveillance shall display so as to be clearly visible, a pennant or a symbol as shown in Annex XXVIII.
2.A boarding craft used to facilitate the transfer of officials carrying out inspections shall fly a similar flag or pennant of a size appropriate to that of the boarding craft to indicate that it is engaged in fishery inspection duties.
3.Persons in charge of inspection vessels shall have due regard to the rules of seamanship and manoeuvre at a safe distance from the fishing vessel in accordance with the international rules for the prevention of collisions at sea.
Article 103Boarding fishing vessels at sea
1.Officials responsible for the conduct of the inspection shall ensure that no action is taken that may compromise the safety of the fishing vessel and its crew.
2.Officials shall not require the master of a fishing vessel that is being boarded or disembarked to stop or manoeuvre during fishing, or to stop the shooting or hauling of fishing gear. Officials may, however, require the interruption or delay of the shooting of gear to permit safe boarding or disembarkation until they have boarded or disembarked the fishing vessel. In the case of boarding this delay shall not exceed 30 minutes after officials have boarded the fishing vessel unless an infringement has been detected. This provision does not affect the possibility of officials to require the gear to be hauled for inspection.
Article 104On board activities
1.When carrying out their inspection, officials shall verify and note all appropriate items provided for in the appropriate inspection report module set out in Annex XXVII to this Regulation.
2.Officials may require the master to haul a fishing gear for inspection.
3.Inspection teams shall normally be comprised of two officials. Additional officials may supplement inspections teams when necessary.
4.The duration of an inspection shall not exceed 4 hours, or until the net is hauled in, and the net and catches are inspected, whichever is longer. It shall not apply in the case that an apparent infringement is detected or where the officials need further information.
5.In the case of an apparent infringement being detected, identification marks and seals may be affixed securely to any part of the fishing gear or the fishing vessel, including containers of fisheries products and the compartment(s) in which they may be stowed, and the official(s) may remain on board for the time necessary for the completion of appropriate measures to ensure security and continuity of all the evidence of the apparent infringement.
Section 3Inspections in port
Article 105Preparation of inspection
1.Without prejudice to benchmarks defined in specific control and inspection programmes and in Article 9 of Regulation (EC) No 1005/2008, an inspection of a fishing vessel shall take place in port or on landing, on the following occasions:
(a)routinely subject to a sampling methodology based on a risk-based management; or
(b)where it is suspected of failing to comply with the Fisheries Rules .
2.In cases referred to in paragraph 1(b) and without prejudice to the last sentence of Article 106(2) of this Regulation the competent authorities of a fisheries administration must ensure that the fishing vessel to be inspected in port is met by their officials on arrival.
3.Paragraph 1 does not exclude the possibility for a fisheries administration to undertake random inspections.
Article 106Inspections in port
1.When carrying out inspections officials shall verify and note all appropriate items listed in the corresponding inspection report module set out in Annex XXVII to this Regulation. Officials shall have due regard to any specific requirements which apply to the inspected fishing vessel, in particular to relevant provisions in multi-annual plans.
2.When carrying out an inspection of a landing officials shall monitor the whole landing process from the beginning to the end of the respective operation. A cross-check shall be carried out between the quantities by species recorded in the prior notification of arrival to land fishery products, the quantities by species recorded in the fishing logbook and the quantities by species landed or transhipped whichever is applicable. This provision shall not exclude the possibility of an inspection taking place after the start of the landing.
3.A fisheries administration must ensure the effective inspection and control of premises used in connection with fishing activities and subsequent processing of fisheries products.
Article 107Inspection of certain pelagic landings
For landings of herring, mackerel, horse mackerel and blue whiting as referred to in Article 78 of this Regulation the competent authorities of a fisheries administration must ensure that at least 7,5 % of the quantities landed for each species and at least 5 % of the landings are fully inspected.
Section 4Transport inspections
Article 108General principles
1.Without prejudice to provisions contained in multi-annual plans, transport inspections may take place anywhere and at anytime from the point of landing to the arrival of the fisheries products at the place of sale or processing. In carrying out inspections, the necessary measures shall be taken as to ensure the maintenance of the cold chain of the fisheries products inspected.
2.Without prejudice to provisions contained in multi-annual plans and national control programmes or specific control and inspection programmes, transport inspections shall include, wherever possible, a physical examination of the products transported.
3.The physical examination of the transported fishery products shall involve the taking of a sample representative of the different sections of the lot or lots transported.
4.When carrying out a transport, inspection officials shall verify and note all items referred to in Article 68(5) of the Control Regulation and all appropriate items in the report module set out in Annex XXVII to this Regulation. This shall include verification that the quantities of fisheries products transported correspond to the details entered on the transport document.
Article 109Transport vehicles sealed
1.When a vehicle or a container has been sealed to avoid manipulation of the cargo, competent authorities of a fisheries administration must ensure that serial numbers of seals are noted on the transport document. Officials shall inspect that the seals are intact and that the serial numbers correspond with the details on the transport document.
2.Where seals are removed to facilitate inspection of the cargo before the cargo arrives at the final destination, officials shall replace the original seal with a fresh seal, recording the seal details in the transport document and the reasons for the removal of the original seal.
Section 5Market inspections
Article 110General principles
Officials shall verify and note all appropriate items listed in the corresponding inspection module in Annex XXVII to this Regulation when visiting cold stores, gross and retail markets, restaurants or any other premises where fish is stored and/or sold after landing has taken place.
Article 111Additional methodologies and technologies
In addition to the items listed in Annex XXVII, a fisheries administration may make use of available methodologies and technologies for the identification and validation of fisheries products, their source or origin and the suppliers and catching vessels or production units.
Article 112Control of fisheries products subject to storage mechanism
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CHAPTER IIDuties of operators
Article 113General obligations of operators
1.All United Kingdom operators may be subject to an inspection regarding their obligations under Fisheries Rules.
2.All operators subject to an inspection shall:
(a)facilitate and provide officials on request with the necessary information and documents, including, where possible, copies thereof, or access to relevant databases, regarding fishing activities as required to be completed and held in electronic or paper format in accordance with Fisheries Rules ;
(b)facilitate access to all parts of vessels, premises and any transport means, including aircraft and hovercraft used in connection or associated with fishing and processing activities;
(c)ensure at any moment the safety of officials, and actively assist and cooperate with the officials in the performance of their inspection duties;
(d)not obstruct, intimidate or interfere, not cause any other person to obstruct, intimidate or interfere, and prevent any other person to obstruct, intimidate or interfere with officials carrying out the inspection;
(e)provide, where possible, a meeting facility in isolation for a briefing of officials by a control observer as referred to in Article 95(2) of this Regulation.
Article 114Obligations of the master during inspections
1.The master of a fishing vessel which is being inspected or his representative shall:
(a)facilitate safe and effective boarding of officials in accordance with good seamanship when the appropriate signal of the International Code of Signals is given or when the intention to board is established through radio communication by a vessel or helicopter carrying an official;
(b)provide a boarding ladder meeting the requirements of Annex XXIX to facilitate safe and convenient access to any vessel which requires a climb of 1,5 metres or more;
(c)facilitate the officials to perform their inspection duties, providing such assistance as is requested and is reasonable;
(d)permit the official(s) to communicate with the authorities of the flag State, the coastal State and the inspecting State;
(e)alert officials to particular safety hazards on board fishing vessels;
(f)provide access by officials to all areas of the vessel, all processed or unprocessed catches, all fishing gears and all relevant information and documents;
(g)facilitate safe disembarkation by officials on completion of the inspection.
2.Masters shall not be required to reveal commercially sensitive information over open radio channels.
CHAPTER IIIInspection report
Article 115Common rules concerning inspection reports
1.Without prejudice to special rules in the framework of Regional Fisheries Management Organisations, inspection reports as referred to in Article 76 of the Control Regulation shall include the relevant information contained in the appropriate module established in Annex XXVII. The reports shall be completed by officials during the inspection or as soon as possible after the completion of the inspection.
2.When an apparent infringement is detected in the course of an inspection, the legal and material elements together with any other information relevant to the infringement shall be included in the inspection report. When several infringements are detected in the course of an inspection, relevant elements of each infringement shall be noted in the inspection report.
3.Officials shall communicate their findings to the natural person in charge of the fishing vessel, vehicle, aircraft, hovercraft or premises being inspected (operator) at the end of the inspection. The operator shall have the possibility to comment on the inspection and its findings. Comments by the operator shall be noted in the inspection report. In case where officials do not speak the same language as the inspected operator, they shall take appropriate measures to make understandable their findings.
4.If required, the operator shall have the right to contact his representative or the competent authorities of his flag State, if serious difficulties arise regarding comprehension of the outcomes of the inspection and of the ensuing report.
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Article 116Completion of inspection reports
1.When the inspection report is established manually on a paper format, it shall be legible, indelible and clearly recorded. No entry in the report shall be erased or altered. If a mistake is made in a manually established report, the incorrect entry shall be struck out neatly and shall be initialled by the official concerned.
2.The official responsible for the inspection shall sign the report. The operator shall be invited to sign the report. ... His/her signature shall constitute an acknowledgement of the report and shall not be regarded as an acceptance of the contents therein.
3.Officials may establish inspection reports referred to in Article 115 of this Regulation by electronic means.
Article 117Copy of the inspection report
A copy of the inspection report referred to in Article 116 of this Regulation shall be sent to the operator no later than 15 working days after the completion of the inspection ....
CHAPTER IVElectronic database
Article 118Electronic database
1.A fisheries administration must include in their national control programmes procedures on the recording by their officials of inspection reports in a paper or an electronic format. These reports shall be entered into the electronic database referred to in Article 78 of the Control Regulation and provide for the functionalities referred to in Annex XXIV No. 2 to this Regulation. The minimum information contained in the electronic database shall be those items noted in accordance with Article 115(1) of this Regulation and indicated as compulsory in Annex XXVII. Paper inspection reports shall also be scanned into the database.
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3.The data from the inspection reports shall be kept available in the database for at least 3 years.
CHAPTER V
Article 119
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Article 120
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Article 121
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Article 122
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Article 123
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Article 124
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TITLE VIIENFORCEMENTPOINT SYSTEM FOR SERIOUS INFRINGEMENTS
Article 125Setting up and operation of a point system for serious infringements
A fisheries administration must designate the competent national authorities which shall be responsible for:
setting up the system for the attribution of points for serious infringements, as referred to in Article 92(1) of the Control Regulation;
assigning the appropriate numbers of points to the holder of a fishing licence;
transferring assigned points to any future holder of a fishing licence for the fishing vessel concerned where the latter is sold, transferred or otherwise changes ownership; and
keeping relevant records of the points assigned or transferred to the holder for each fishing licence.
Article 126Assignation of points
1.The number of points for serious infringements shall be assigned in accordance with Annex XXX to the holder of the fishing licence for the fishing vessel concerned ....
2.When two or more serious infringements by the same natural or legal person holding the licence are detected in the course of one inspection, points in respect of each serious infringement concerned shall be assigned to the holder of the fishing licence in accordance with paragraph 1 up to a maximum of 12 points for all those infringements.
3.The holder of the fishing licence shall be informed that points have been assigned to him.
4.The points are assigned to the holder of the licence on the date set in the decision assigning them. ...
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Article 127Notification of decisions
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Article 128Transfer of ownership
When the fishing vessel is offered for sale or for other type of transfer of ownership, the holder of the fishing licence shall inform any potential future licence holder of the number of points which are still assigned to him by means of a certified copy obtained from the competent authorities.
Article 129Suspension and permanent withdrawal of a fishing licence
1.The accumulation of 18, 36, 54, 72 points by the holder of a fishing licence shall automatically trigger the first, second, third and fourth suspension of the fishing licence respectively for the relevant periods referred to in Article 92(3) of the Control Regulation.
2.The accumulation of 90 points by the holder of a fishing licence shall trigger automatically the permanent withdrawal of the fishing licence.
Article 130Follow-up of suspension and permanent withdrawal of fishing licence
1.If a fishing licence in respect of a United Kingdom fishing vessel is suspended or permanently withdrawn in accordance with Article 129 of this Regulation, the competent authority of a fisheries administration shall inform the holder of the fishing licence immediately of this suspension or permanent withdrawal.
2.Upon receiving the information referred to in paragraph 1 the holder of the fishing licence shall ensure that the fishing activity of the vessel concerned ceases immediately. He shall ensure that it proceeds immediately to its home port or a port indicated by the competent authorities of a fisheries administration . During the voyage the fishing gear shall be lashed and stowed in accordance with Article 47 of the Control Regulation. The holder of the fishing licence shall ensure that any catch on board the fishing vessel is dealt with in accordance with the instructions of the competent authorities of a fisheries administration .
Article 131Deletion of fishing licences from relevant lists
1.If the fishing licence is suspended or withdrawn permanently in accordance with Article 129(1) or (2) of this Regulation, the fishing vessel to which the suspended or permanently withdrawn fishing licence relates shall be identified as being without fishing licence in the national register referred to in Article 24(1) of Regulation (EU) No 1380/2013. ...
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Article 132Illegal fishing during the suspension period or after the permanent withdrawal of a fishing licence
1.If a fishing vessel, the fishing licence of which is suspended or has been permanently withdrawn in accordance with Article 129 of this Regulation, carries out fishing activities during the suspension period or after the permanent withdrawal of the fishing licence, the competent authorities shall take immediate enforcement measures in accordance with Article 91 of the Control Regulation.
2.The fishing vessel referred to in paragraph 1 may, where appropriate, be included the Union IUU vessel list in accordance with Article 27 of Regulation (EC) No 1005/2008.
Article 133Deletion of points
1.If a fishing licence has been suspended in accordance with Article 129 of this Regulation, the points on the basis of which the fishing licence has been suspended shall not be deleted. Any new points assigned to the holder of the fishing licence shall be added to existing points for the purpose of Article 129 of this Regulation.
2.For the application of Article 92(3) of the Control Regulation, if points have been deleted in accordance with Article 92(4) of the Control Regulation the holder of fishing licence shall be considered as if his fishing licence had not been suspended in accordance with Article 129 of this Regulation.
3.Two points shall be deleted provided that the total amount of points assigned to the holder of the fishing licence for the fishing vessel concerned exceeds two, if:
(a)the fishing vessel which has been used in committing the infringement for which points were assigned uses thereafter VMS or records and transmits thereafter fishing logbook, transhipment and landing declaration data electronically without being legally subject to these technologies; or
(b)the holder of the fishing licence volunteers after the assignation of points to take part in a scientific campaign for the improvement of the selectivity of the fishing gear; or
(c)the holder of the fishing licence is a member of a producer organisation and the holder of the fishing licence accepts a fishing plan adopted by the producer organisation in the year following the assignation of the points involving a reduction of 10 % of the fishing opportunities for the holder of the fishing licence; or
(d)the holder of the fishing licence joins a fishery covered by an eco-labelling scheme that is designed to certify and promote labels for products from well-managed marine capture fisheries and focus on issues related to the sustainable use of fisheries resources.
For each 3-year period since the date of the last serious infringement, the holder of a fishing licence can avail himself of one of the options under (a), (b), (c) or (d), to reduce the amount of points assigned only once, and provided that such reduction does not lead to the deletion of all points on the fishing licence.
4.If the points were deleted in accordance with paragraph 3 the holder of the fishing licence shall be informed of that deletion. The holder of the fishing licence shall also be informed of the number of points that still remain.
Article 134Point system for masters of fishing vessels
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TITLE VIII
CHAPTER I
Article 135
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Article 136
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Article 137
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Article 138
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CHAPTER II
Article 139
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Article 140
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CHAPTER III
Article 141
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Article 142
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TITLE IXDATA AND INFORMATION
CHAPTER IAnalysis and audit of data
Article 143Subject matter
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Article 144Data to be validated
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Article 145Validation procedures
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Article 146Access by the Commission
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CHAPTER Ia Rules for the exchange of data
Article 146a
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Article 146b Definitions
For the purpose of this Chapter the following definitions shall apply:
‘Transportation layer’ means the electronic network for fisheries data exchanges as made available by the Commission to all Member States and the body designated by it to exchange data in a standardised way;
‘Report’ means the information recorded by electronic means;
‘Message’ means the report in its format for transmission;
‘Request’ means an electronic message containing a query for a set of reports.
Article 146c General principles
1.All messages shall be exchanged based on the United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT) P1000 standard. Only data fields, core components, objects and well formatted Extensible Markup Language (XML) messages according to the XML Schema Definition (XSD) based on the UN/CEFACT standardisation libraries shall be used.
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4.Date and time shall be transmitted in Coordinated Universal Time (UTC).
5.All reports shall have a unique report identifier.
6.A unique human readable fishing trip identifier shall be used to link the fishing log-book data with landing declaration data, transhipment declaration data, sales note data, take-over declaration data and transport document data.
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Article 146d Transmission of messages
1.All transmissions shall be fully automated and immediate, using the transportation layer.
2.Before transmitting a message, the sender shall perform an automatic check to verify that the message is correct according to the minimum set of validation and verification rules available on the Master Data Register on the European Commission Fisheries website.
3.The receiver shall inform the sender on the reception of the message by transmitting a return message based on UN/CEFACT P1000-1: General Principles. Vessel monitoring system messages and replies to a request shall not receive a return message.
4.When a technical failure occurs on the sender side and the sender can no more exchange messages, the sender shall notify all receivers of the problem. The sender shall immediately take appropriate actions to correct the problem. All messages that have to be delivered to a receiver shall be stored until the problem is solved.
5.When a technical failure occurs on the receiver side and the receiver can no more receive messages, the receiver shall notify the all senders of the problem. The receiver shall immediately take appropriate actions to correct the problem.
6.After repair of a system failure related to a sender, the sender shall transmit unsent messages as soon as possible. A manual follow-up procedure may be applied.
7.After repair of a system failure related to the receiver, missing messages shall be accessible on request. A manual follow-up procedure may be applied.
8.All senders and receivers of messages ... shall establish failover procedures for business continuity.
Article 146e Corrections
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Article 146f Exchange of vessel monitoring system data
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Article 146g Exchange of fishing activity data
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Article 146h Exchange of sales related data
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Article 146i Transmission of aggregated catch data
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Article 146j Changes to XML formats and implementation documents
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Article 146kExchange of inspection and surveillance related data
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CHAPTER IIWebsites of Member States
Article 147Operation of websites and web services
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Article 148Publicly accessible website and web services
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Article 149Secured website and web services
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TITLE XIMPLEMENTATION
CHAPTER IMutual assistance
Section 1General provisions
Article 150Scope
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Article 151Costs
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Article 152Single authority
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Article 153Follow up measures
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Section 2Information without prior request
Article 154Information without prior request
1.When a fisheries administration becomes aware of any potential non-compliance with Fisheries Rules, in particular serious infringement referred to in Article 90(1) of the Control Regulation or reasonably suspects that such an infringement may occur, it must notify the countries concerned without delay. That notification shall supply all necessary information.
2.When a fisheries administration takes enforcement measures in relation to a non-compliance or an infringement referred to in paragraph 1, it must notify the other countries concerned.
3.All notifications according to this Article shall be made in writing.
Section 3
Article 155
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Article 156
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Article 157
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Article 158
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Article 159
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Article 160
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Article 161
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Section 4
Article 162
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Article 163
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Section 5
Article 164
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CHAPTER IIReporting obligations
Article 165Format and deadlines for reports
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TITLE XIFINAL PROVISIONS
Article 166Repeals
1.Regulations (EEC) No 2807/83, (EEC) No 3561/85, (EEC) No 493/87, (EEC) No 1381/87, (EEC) No 1382/87, (EEC) No 2943/95, (EC) No 1449/98, (EC) No 2244/2003, (EC) No 1281/2005, (EC) No 1042/2006, (EC) No 1542/2007, (EC) No 1077/2008 and (EC) No 409/2009 shall be repealed.
2.Regulation (EC) No 356/2005 shall be repealed with effect from 1 January 2012.
3.References to the repealed Regulations shall be construed as references to this Regulation.
Article 167Entry into force
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ANNEX I
Table 1
Product presentation alpha-3 codes
a When masters of fishing vessels use in the landing declaration or transhipment declaration the presentation code ‘OTH’ (Other), they shall describe exactly what the presentation ‘OTH’ refers to. | ||
| 3-Alpha product presentation code | Presentation | Description |
|---|---|---|
| CBF | Cod butterfly (escalado) | HEA with skin on, spine on, tail on |
| CLA | Claws | Claws only |
| DWT | ICCAT code | Gilled, gutted, part of head off, fins off |
| FIL | Filleted | HEA+GUT+TLD+bones off, each fish originates two fillets not joined by any par |
| FIS | Filleted and skinned fillets | FIL+SKI Each fish originates two fillets not joined by any part |
| FSB | Filleted with skin and bones | Filleted with skin and bones on |
| FSP | Filleted skinned with pinbone on | Filleted with skin removed and pinbone on |
| GHT | Gutted headed and tailed | GUH+TLD |
| GUG | Gutted and gilled | Guts and gills removed |
| GUH | Gutted and headed | Guts and head removed |
| GUL | Gutted liver in | GUT without removing liver parts |
| GUS | Gutted headed and skinned | GUH+SKI |
| GUT | Gutted | All guts removed |
| HEA | Headed | Heads off |
| JAP | Japanese cut | Transversal cut removing all parts from head to belly |
| JAT | Tailed Japanese cut | Japanese cut with tail removed |
| LAP | Lappen | Double fillet, HEA, skin+tails+fins ON |
| LVR | Liver | Liver only, In case of collective presentation use code LVR-C |
| OTH | Other | Any other presentationa |
| ROE | Roe (s) | Roe(s) only in case of collective presentation use code ROE-C |
| SAD | Salted dry | Headed with skin on, spine on, tail on and salted directly |
| SAL | Salted wet light | CBF+salted |
| SGH | Salted, gutted and headed | GUH+salted |
| SGT | Salted gutted | GUT+salted |
| SKI | Skinned | Skin off |
| SUR | Surimi | Surimi |
| TAL | Tail | Tails only |
| TLD | Tailed | Tail off |
| TNG | Tongue | Tongue only. In case of collective presentation use code TNG-C |
| TUB | Tube only | Tube only (Squid) |
| WHL | Whole | No processing |
| WNG | Wings | Wings only |
Table 2
State of processing
| CODE | STATE |
|---|---|
| ALI | Alive |
| BOI | Boiled |
| DRI | Dried |
| FRE | Fresh |
| FRO | Frozen |
| SAL | salted |
ANNEX IIMINIMUM INFORMATION FOR THE FISHING LICENCES
1.FISHING VESSEL DETAILS (25)
United Kingdom fleet register number(26)
Name of fishing vessel(27)
Flag state/Country of registration(27)
Port of registration (Name and national code(27))
External marking(27)
International radio call sign (IRCS(28))
2.LICENCE HOLDER / FISHING VESSEL OWNER(26) / FISHING VESSEL AGENT(26)
Name and address of natural or legal person
3.CHARACTERISTICS OF FISHING CAPACITY
Engine power (kW)(29)
Tonnage (GT)(30)
Length overall(30)
Main fishing gear(31)
Subsidiary fishing gears(31)
OTHER NATIONAL MEASURES AS APPLICABLE
ANNEX IIIMINIMUM INFORMATION FOR FISHING AUTHORISATIONS
A.IDENTIFICATION
1.United Kingdom fleet register number(32)
2.Name of fishing vessel(33)
3.External registration letters and number(32)
B.FISHING CONDITIONS
1.Date of issue:
2.Period of validity:
3.Conditions of authorisation including, where appropriate, species, zone and fishing gear:
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| From ../../..To ../../.. | From ../../..To ../../.. | From ../../..To ../../.. | From ../../..To ../../.. | From ../../..To ../../.. | From ../../..To ../../.. | |
|---|---|---|---|---|---|---|
| Zones | ||||||
| Species | ||||||
| Fishing gear | ||||||
| Other conditions |
Any other requirement arising from an application for a fishing authorisation.
ANNEX IV
CHARACTERISTICS OF MARKER BUOYS
WESTERN END MARKER BUOYS
EASTERN END MARKER BUOYS
INTERMEDIARY MARKER BUOYS
ANNEX VELECTRONIC DATA TRANSMISSION FORMAT OF THE VMS DATA FROM THE FLAG TO THE COASTAL MEMBER STATE
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ANNEX VI MODEL OF COMBINED UNION FISHING LOGBOOK, LANDING DECLARATION AND TRANSHIPMENT DECLARATION
ANNEX VII
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ANNEX VIII
ANNEX IX
ANNEX X INSTRUCTIONS TO MASTERS OF FISHING VESSELS REQUIRED TO COMPLETE AND SUBMIT A FISHING LOGBOOK, A LANDING DECLARATION OR A TRANSHIPMENT DECLARATION
The following general and minimum information on the vessel or vessels fishing activities shall be recorded in the fishing logbook in accordance with Article 14, 15, 21, 22, 23 and 24 of Control Regulation and Title III, Chapters I, II and III of this Regulation, without prejudice of other specific elements or rules required by ... legislation, national authorities of the United Kingdom or of a third country, or by a Regional Fisheries Management Organisation.
1. INSTRUCTIONS CONCERNING THE FISHING LOGBOOK
The master(s) of all fishing vessel(s) participating to a pair fishing operation shall keep a fishing logbook indicating the quantities caught and kept on board in such a way that there is no double counting of catches.
In paper log book, during the same fishing trip, mandatory data elements shall be recorded in each page.
a As referred to in Article 8 of Commission Implementing Regulation (EU) 2017/218 on the Union fishing fleet register. | ||
b As referred to in Article 15(4) and Article 15(5) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy and as amended by Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015, in particular:
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| Information concerning the fishing vessel(s) and fishing trip dates | ||
|---|---|---|
| Paper fishing logbook Reference Number | Name of the data element (M = Mandatory) (O = Optional) (CIF = Compulsory if applicable) | Description and/or timing to be recorded |
| (1) | Name of fishing vessel(s), (M) International radio call signal(s), (M) UKFR number(s) (M) GFCM, ICCAT number(s) (CIF) | In case of pair fishing operations, the same information for the second fishing vessel, shall be as well recorded. This information shall be entered in paper logbook below those of the vessel in respect of which the fishing logbook is being kept. The United Kingdom Fleet Register (UKFR) identification number of the vessel is the unique number assigned to a United Kingdom fishing vessel by a fisheries administration when the fishing vessel enters in the United Kingdom fleet for the first timea. GFCM or ICCAT register number shall be entered for fishing vessels carrying out regulated fishing activities outside United Kingdom waters (CIF). |
| (2) | External identification (M) | External registration letters and numbers as displayed on the side hull. In case of pair fishing operations, the same information for the second fishing vessel, shall be as well recorded. |
| (3) | Name and address of the master (M) | Name, first name and detailed address of master (street name, number, city, postal code ... or third country) shall be given. In case of pair fishing operations, the same information for the second fishing vessel, shall be as well recorded. |
| (4) | Date, time and port of departure (M) | Shall be recorded in paper logbook before fishing vessel leaves the port. Date shall be recorded in DD-MM-YYYY and time shall be recorded in HH-MM in local time. Electronic departure message shall be sent before fishing vessel leaves the port. Date and time shall be recorded in coordinated universal time (UTC). For electronic logbook, port shall be recorded using codes published in the Master Data Register page of the European Commission Fisheries website. |
| (5) | Date, time and port of return (M) | Shall be recorded in paper logbook before fishing vessel enters into the port. Date shall be recorded in DD-MM-YYYY and estimated time shall be recorded in HH-MM in local time Electronic return to port message shall be sent before fishing vessel entering into the port. Date and estimated time shall be recorded in in coordinated universal time (UTC). For electronic logbook, port shall be recorded using codes published in the Master Data Register page of the European Commission Fisheries website. |
| (6) | Date, time and port of landing if different from (5) (M) | Shall be recorded in logbook before fishing vessel enters into the port of landing. Date shall be recorded in DD-MM-YYYY and estimated time shall be recorded in HH-MM in local time (paper logbook) or in coordinated universal time (UTC) for electronic logbook. For electronic logbook, port shall be recorded using codes published in the Master Data Register page of the European Commission Fisheries website. |
| (7) | Date, time and place of the transhipment, Name, external identification, international radio call sign, flag, UKFR or IMO number and port and country of destination of the receiving fishing vessel (M) | Shall be filled in paper logbook in the case of transhipment before starting the operation. Date shall be recorded in DD-MM-YYYY and time shall be recorded in HH-MM in local time (paper logbook) or in coordinated universal time (UTC) for electronic logbook. For electronic logbook, port shall be recorded using codes published in the Master Data Register page of the European Commission Fisheries website. Third country shall be recorded using ISO-3166 3-alpha country codes. The United Kingdom Fleet Register (UKFR) number shall be recorded for United Kingdom vessels. The International Maritime Organisation (IMO) number shall be recorded for third country vessels. When a geographical position is required, latitude and longitude shall be recorded in degrees and minutes if no use of GPS and in decimal degrees and minutes using GPS (format WGS 84). |
| Information on the fishing gear | ||
| (8) | Gear type (M) | The type of gear shall be indicated using the codes in column 1 of Annex XI. |
| (9) | Mesh size (M) | Shall be given in millimetres (mesh stretched). |
| (10) | Gear dimension (M) | Gear dimensions such as the size and the number shall be given according to the specifications in column 2 of Annex XI. |
| (11) | Date (M) | Date for each day at sea shall be recorded in a new line (paper logbook) or report (electronic logbook) and shall correspond to each day at sea. Where applicable, date for each fishing operation shall be recorded in a new line. |
| (12) | Number of fishing operations (M) | Number of fishing operations shall be given in accordance with the specifications in column 3 of Annex XI. |
| (13) | Fishing time (O) Gear time set and haul (CIF) Fishing depth (CIF) Total time (O) | Total time spent for all activities in connection with fishing operations (searching for fish, the shooting, towing and hauling of active gears, setting, soaking, removing or resetting of passive gears and the removal of any catch from the gear, keep nets, or from a transport cage to fattening and farming cages) shall be given in minutes and equals the number of hours spent at sea minus the time spent in transit to, between and returning from the fishing grounds, dodging, inactive or waiting for repair. For gear time set and time haul, time shall be recorded in HH-MM in local time (paper logbook) or in coordinated universal time (UTC) for electronic logbook. Fishing depth shall be recorded as average depth and in metres. |
| (14) | Position and fishing geographical area (M) | The relevant geographical area of capture shall be represented by the area in which the majority of the catch was taken using the most detailed level when available. Examples:
However, optional entries may be made in respect of all the statistical rectangles in which the fishing vessel has operated during the day (O) In GFCM and ICCAT areas, geographical position (latitude/longitude) shall be as well recorded for each fishing operation or at noon when no fishing has been conducted during this day. When a geographical position is required, latitude and longitude shall be recorded in degrees and minutes if no GPS is used and in decimal degrees and minutes using GPS (format WGS 84). Third country fishing zone, regional fisheries management organisation area and high seas: indicate the fishing zone(s) of non-Member States or the Regional Fisheries Management Organisation area(s) or the waters outside the sovereignty or jurisdiction of any State or not regulated by a Regional Fisheries Management Organisation, using ISO-3166 3-alpha country codes and other codes published in the Master Data Register page of the European Commission Fisheries website e.g. NOR = Norway, NAFO = XNW, NEAFC = XNE and XIN for high seas. |
| (15)(16) | Catches caught and kept on board (M) | FAO 3-alpha species codes shall be used . The catch of each species shall be recorded in kilograms live weight equivalent. All quantities of each species caught and kept on board above 50 kg of live-weight equivalent shall be recorded. The 50 kg threshold shall apply as soon as catches of a species exceed 50 kg. These amounts shall include quantities set aside for consumption by the crew of the vessel. Legally size catches shall be recorded using the general code LSC. Below minimum conservation reference size catches shall be recorded separately from the legally sized catches using the general code BMS. Where catches are held in baskets, boxes, bins, cartons, sacks, bags, blocks or other containers, the net weight of the unit used shall be recorded in kilograms live weight, and the precise number of such units used shall be recorded. Alternatively the catch kept on board in such units may be recorded in kilograms live weight (O). In Baltic Sea (only for salmon) and in GFCM area (only for tunas, swordfish and highly migratory sharks) and, if applicable, in other areas, number of fish caught per day shall be also recorded. If the number of columns is insufficient, a new page shall be used. |
| (15)(16) | Estimates of discards (M) | FAO 3-alpha species codes shall be used . The discard of each species shall be recorded in kilograms live weight equivalent. Species not subject to the landing obligation :
Species which benefit from exemptions to the landing obligation b:
|
| (15)(16) | Catches, incidental by-catches and release of other marine organisms or animals (M) | In GFCM area, the following information shall be as well recorded separately for each catch or incidental by-catch:
Where applicable, marine animals released to sea shall be recorded using the general code RET. FAO 3-alpha species codes shall be used or when unavailable, codes published in the Master Data Register page of the European Commission Fisheries website. |
2. INSTRUCTIONS CONCERNING THE LANDING/TRANSHIPMENT DECLARATION
When fisheries products have been landed or transhipped, and if they have been weighted using systems approved by the competent authorities of a fisheries administration, on either the catch vessel, donor or receiving fishing vessel, then the actual weight of quantities landed or transhipped shall be indicated in kilograms product weight on the landing or transhipment declaration by species showing:
Presentation of fish (reference No 17 in paper fishing logbook) using the codes in table 1 of Annex I (M);
Measurement unit for landed or transhipped quantities (reference No 18 in paper fishing logbook); give the weight of the unit in kilograms product weight. This unit may be different from that entered in the fishing logbook (M);
Total weight by species landed or transhipped (reference No 19 paper in paper fishing logbook); give the weight of quantities actually landed or transhipped for all species (M);
Legally size catches shall be recorded using the general code LSC. Below minimum conservation reference size catches shall be recorded separately from the legally sized catches using the general code BMS. FAO 3-alpha species codes shall be used.
The weight shall correspond to the product weight of fish as landed, i.e. after any processing on board. Relevant conversion factors shall be applied subsequently by the competent authorities of a fisheries administration to calculate the equivalent live weight in accordance with Article 49 of this Regulation;
Signature of the master (reference No 20 in paper fishing logbook) (M);
Signature and name and address of the agent and the observer where applicable (reference No 21 in paper fishing logbook);
Relevant geographical area of capture: FAO area, sub-area and sub-division, ICES division, NAFO, NEAFC sub-area, CECAF area, GFCM sub area or third country fishing zone (reference No 22 in paper fishing logbook). This shall be applied in the same way as for position and geographical area information as referred above (M).
3. ADDITIONAL INSTRUCTIONS FOR RECORDING FISHING EFFORT IN THE FISHING LOGBOOK
The following additional information shall be recorded in fishing logbook by masters of Union fishing vessels for the time spent in fisheries subject to fishing effort regimes:
All information required under this section shall be recorded in the paper fishing logbook between the fishing logbook references No (15) and (16).
Time shall be recorded as co-ordinated universal time (UTC).
Latitude and longitude shall be recorded in degrees and minutes if no GPS is used and in decimal degrees and minutes (format WGS 84) if use of GPS.
Species shall be recorded using the 3-alpha FAO fish species codes.
3.1. Information concerning fishing effort
(a) Crossing an effort zone
Where an authorized fishing vessel crosses an effort zone without carrying out fishing activities in that zone, an additional line shall be completed in the paper fishing logbook or an electronic declaration shall be completed. The following information is to be entered:
the date,
the effort zone,
the dates and times of each entry/exit,
position of each entry and exit in latitude and longitude,
catches retained on board by species at the time of entry,
the word ‘crossing’.
(b) Entry into an effort zone
Where the fishing vessel enters an effort zone in which it is likely to carry out fishing activities, an additional line shall be completed in the paper fishing logbook or an electronic declaration shall be completed. The following information is to be entered:
the date,
the word ‘entry’,
the effort zone,
position in latitude and longitude,
the time of entry,
catches retained on board by species at the time of entry, and
the target species.
(c) Exit from an effort zone
Where the vessel leaves an effort zone in which it has carried out fishing activities and where the vessel enters another effort zone in which it intends to carry out fishing activities, an additional line shall be completed in the paper fishing logbook or an electronic declaration shall be completed. The following information is to be entered:
the date,
the word ‘entry’,
position in latitude and longitude,
the new effort zone,
the time of exit/entry,
catches retained on board by species at the time of exit/entry, and
the target species.
Where the fishing vessel leaves an effort zone in which it has carried out fishing activities and will not carry out further fishing activities in that effort zone, an additional line shall be completed or an electronic declaration shall be completed. The following information is to be entered:
the date,
the word ‘exit’,
position in latitude and longitude,
the effort zone,
the time of departure,
catches retained on board by species at the time of exit, and
the target species.
(d) Trans-zonal fishing activities (34) .
Where the fishing vessel carries out trans-zonal fishing activities, an additional line in the paper logbook or an electronic declaration shall be completed. The following information is to be entered:
the date,
the word ‘trans-zonal’,
the time of first exit and effort zone,
position of first entry in latitude and longitude,
the time of last entry and effort zone,
position of last exit in latitude and longitude,
catches retained on board by species at the time of exit/entry, and
the target species.
(e) Additional information for fishing vessels using static gears:
When the fishing vessel sets or resets static gears, the following information shall be entered:
the date,
the effort zone,
the position in latitude and longitude,
the words ‘setting’ or ‘resetting’,
the time.
When the fishing vessel completes static gear operations:
the date,
the effort zone,
the position in latitude and longitude,
the word ‘finish’,
the time.
3.2. Information concerning the communication of vessel movements
Where a fishing vessel carrying out fishing activities is required to communicate a fishing effort report to the competent authorities in accordance with Article 28 of the Control Regulation, the following information shall be recorded in addition to that referred to in paragraph 3.1:
the date and time of the communication;
the geographical position of the fishing vessel in latitude and longitude;
the means of communication and, where applicable, the radio station used; and
the destination(s) of the communication.
ANNEX XI
GEARS AND FISHING OPERATIONS CODES
| Type of gear | Column 1Code | Column 2Size/number (metres)(optional) | Column 3Number of shoots each day(mandatory) |
|---|---|---|---|
| Bottom otter trawl | OTB | Model of trawl (specify model or perimeter of opening) | Number of times gear is shot |
| Nephrops trawls | TBN | ||
| Shrimp trawls | TBS | ||
| Bottom trawls (not specified) | TB | ||
| Beam trawl | TBB | Beam length x number of beams | Number of times gear is shot |
| Otter twin trawls | OTT | Model of trawl (specify model or perimeter of opening) x numbers of trawls | Number of times gear is shot |
| Bottom pair trawl | PTB | Model of trawl (specify model or perimeter of opening) | |
| Mid-water otter trawl | OTM | Model of trawl | |
| Mid-water pair trawl | PTM | Model of trawl | |
| SEINES | |||
| Danish anchor seine | SDN | Overall length of seine lines | Number of times gear is shot |
| Scottish seine (fly dragging) | SSC | ||
| Scottish pair seine (fly dragging) | SPR | ||
| Seine nets (not specified) | SX | ||
| Boat or vessel seine | SV | ||
| SURROUNDING NETS | |||
| Purse seine | PS | Length, height | Number of times gear is shot |
| One boat operated purse seine | PS1 | Length, height | |
| Two boat operated purse seine | PS2 | ||
| Without purse lines (lampara) | LA | ||
| DREDGES | |||
| Dredge | DRB | Width x number of dredges | Number of times gear is shot |
| GILLNETS AND ENTANGLING NETS | |||
| Gillnets (not specified) | GN | Length, height | Number of times nets shot during the day |
| Gillnets anchored (set) | GNS | ||
| Gillnets (drift) | GND | ||
| Gillnets (circling) | GNC | ||
| Combined gillnets-trammel nets | GTN | ||
| Trammel net | GTR | ||
| TRAPS | |||
| Pots | FPO | Number of pots shot each day | |
| Traps (not specified) | FIX | Not specified | |
| HOOKS AND LINES | |||
| Handlines and pole lines (hand operated) | LHP | Total number of hooks/lines shot during the day | |
| Handlines and pole lines (mechanised) | LHM | ||
| Set longlines | LLS | Number of hooks and lines shot each day | |
| Drifting longlines | LLD | ||
| Longlines not specified | LL | ||
| Trolling lines | LTL | ||
| Hooks and lines (not specified) | LX | ||
| HARVESTING MACHINES | |||
| Mechanised dredges | HMD | ||
| Miscellaneous gear | MIS | ||
| Recreational gear | RG | ||
| Gear not known or not specified | NK | ||
ANNEX XIISTANDARDS FOR ELECTRONIC DATA EXCHANGE
The format for electronic data exchange is based on the UN/CEFACT standard P1000. Data exchanges related to similar business activities are grouped in domains and specified in Business Requirements Specifications (BRS) documents.
Standards are available for:
P1000 – 1; General principles
P1000 – 3; Fishing Activity domain
P1000 – 5; Sales domain
P1000 – 7; Vessel Position domain
P1000 — 8; Inspection and Surveillance domain
P1000 – 12; Aggregated Catch Data Report domain
The BRS documents and the translation in computer readable form (the XML Schema Definition) are available on the Master Data Register page of the European Commission Fisheries website. Implementation documents to be used for the exchange of data are also available on this website.
ANNEX XIII
EUROPEAN UNION CONVERSION FACTORS FOR FRESH FISH
Species : Albacore Thunnus alalunga | ALB |
| WHL | 1,0 |
| GUT | 1,11 |
Species : Alfonsinos Beryx spp. | ALF |
| WHL | 1,0 |
Species : Anchovy Engraulis encrasicholus | ANE |
| WHL | 1,0 |
Species : Anglerfish Lophiidae | ANF |
| WHL | 1,0 |
| GUT | 1,22 |
| GUH | 3,0 |
| TAL | 3,0 |
Species : Mackarel icefish Champsocephalus gunnari | ANI |
| WHL | 1,0 |
Species : Greater silver smelt Argentina silus | ARU |
| WHL | 1,0 |
Species : Bigeye tuna Thunnus obesus | BET |
| WHL | 1,0 |
| GUH | 1,1 |
| GUH | 1,29 |
Species : Blue ling Molva dypterygia | BLI |
| WHL | 1,0 |
| GUT | 1,17 |
Species : Brill Scophthalmus rhombus | BLL |
| WHL | 1,0 |
| GUT | 1,09 |
Species : Black scabbardfish Aphanopus carbo | BSF |
| WHL | 1,0 |
| GUT | 1,24 |
| HEA | 1,4 |
Species : Atlantic blue marlin Makaira nigricans | BUM |
| WHL | 1,0 |
Species : Capelin Mallotus villosus | CAP |
| WHL | 1,0 |
Species : Cod Gadus morhua | COD |
| WHL | 1,0 |
| GUT | 1,17 |
| GUH | 1,7 |
| HEA | 1,38 |
| FIL | 2,6 |
| FIS | 2,6 |
Species : Common Dab Limanda limanda | DAB |
| WHL | 1,0 |
| GUT | 1,11 |
| GUH | 1,39 |
Species : Picked dogfish Squalus acanthias | DGS |
| WHL | 1,0 |
| GUT | 1,35 |
| GUS | 2,52 |
Species : European flounder Platichthys flesus | FLE |
| WHL | 1,0 |
| GUT | 1,08 |
| GUS | 1,39 |
Species : Greater forkbeard Phycis blennoides | GFB |
| WHL | 1,0 |
| GUT | 1,11 |
| GUH | 1,4 |
Species : Greenland halibut Reinhardtius hippoglossoides | GHL |
| WHL | 1,0 |
| GUT | 1,08 |
Species : Haddock Melanogrammus aeglefinus | HAD |
| WHL | 1,0 |
| GUT | 1,17 |
| GUH | 1,46 |
Species : Atlantic halibut Hippoglossus hippoglossus | HAL |
| WHL | 1,0 |
Species : Herring Clupea harengus | HER |
| WHL | 1,0 |
| GUT | 1,12 |
| GUH | 1,19 |
Species : European hake Merluccius merluccius | HKE |
| WHL | 1,0 |
| GUT | 1,11 |
| GUH | 1,4 |
Species : White hake Urophycis tenuis | HKW |
| WHL | 1,0 |
Species : Horse mackerel Trachurus spp. | JAX |
| WHL | 1,0 |
| GUT | 1,08 |
Species : Antarctic krill Euphausia superba | KRI |
| WHL | 1,0 |
Species : Lemon sole Microstomus kitt | LEM |
| WHL | 1,0 |
| GUT | 1,05 |
Species : Megrims Lepidorhombus spp. | LEZ |
| WHL | 1,0 |
| GUT | 1,06 |
| FIL | 2,5 |
Species : Unicorn icefish Channichthys rhinoceratus | LIC |
| WHL | 1,0 |
Species : Ling Molva molva | LIN |
| WHL | 1,0 |
| GUT | 1,14 |
| GUH | 1,32 |
| FIL | 2,64 |
Species : Atlantic mackerel Scomber scombrus | MAC |
| WHL | 1,0 |
| GUT | 1,09 |
Species : Norway lobster Nephrops norvegicus | NEP |
| WHL | 1,0 |
| TAL | 3,0 |
Species : Humped rockcod Notothenia gibberifrons | NOG |
| WHL | 1,0 |
Species : Norway pout Trisopterus esmarkii | NOP |
| WHL | 1,0 |
Species : Marbled rockcod Notothenia rossii | NOR |
| WHL | 1,0 |
Species : Orange roughy Hoplostethus atlanticus | ORY |
| WHL | 1,0 |
Species : Pacific snow crab Chionoecetes spp. | PCR |
| WHL | 1,0 |
Species : White shrimps Penaeus spp. | PEN |
| WHL | 1,0 |
Species : European plaice Pleuronectes platessa | PLE |
| WHL | 1,0 |
| GUT | 1,05 |
| GUH | 1,39 |
| FIL | 2,4 |
Species : Saithe Pollachius virens | POK |
| WHL | 1,0 |
| GUT | 1,19 |
Species : Pollack Pollachius pollachius | POL |
| WHL | 1,0 |
| GUT | 1,17 |
Species : Northern prawn Pandalus borealis | PRA |
| WHL | 1,0 |
Species : Atlantic redfishes Sebastes spp. | RED |
| WHL | 1,0 |
| GUT | 1,19 |
Species : Rough-head grenadier Macrourus berglax | RHG |
| WHL | 1,0 |
Species : Roundnose grenadier Coryphaenoides rupestris | RNG |
| WHL | 1,0 |
| GUT | 1,11 |
| GUH | 1,92 |
| GHT | 3,2 |
Species : Sandeels Ammodytes spp. | SAN |
| WHL | 1,0 |
Species : Blackspot seabream Pagellus bogaraveo | SBR |
| WHL | 1,0 |
| GUT | 1,11 |
Species : Rough longnose dogfish Deania histricosa | SDH |
| WHL | 1,0 |
Species : Arrowhead dogfish Deania profundorum | SDU |
| WHL | 1,0 |
Species : South Georgia icefish Pseudochaenichthys georgianus | SGI |
| WHL | 1,0 |
Species : Common sole Solea solea | SOL |
| WHL | 1,0 |
| GUT | 1,04 |
Species : European sprat Sprattus sprattus | SPR |
| WHL | 1,0 |
Species : Northern squid Illex illecebrosus | SQI |
| WHL | 1,0 |
Species : Squid Martialia hyadesi | SQS |
| WHL | 1,0 |
Species : Skates Rajidae | SRX |
| WHL | 1,0 |
| GUT | 1,13 |
| WNG | 2,09 |
Species : Swordfish Xiphias gladius | SWO |
| WHL | 1,0 |
| GUT | 1,11 |
| GUH | 1,31 |
Species : Patagonian toothfish Dissostichus eleginoides | TOP |
| WHL | 1,0 |
Species : Turbot Psetta maxima | TUR |
| WHL | 1,0 |
| GUT | 1,09 |
Species : Tusk Brosme brosme | USK |
| WHL | 1,0 |
| GUT | 1,14 |
Species : Blue whiting Micromesistius poutassou | WHB |
| WHL | 1,0 |
| GUT | 1,15 |
Species : Whiting Merlangius merlangus | WHG |
| WHL | 1,0 |
| GUT | 1,18 |
Species : Atlantic white marlin Tetrapturus albidus | WHM |
| WHL | 1,0 |
Species : Witch flounder Glyptocephalus cynoglossus | WIT |
| WHL | 1,0 |
| GUT | 1,06 |
Species : Yellowtail flounder Limanda ferruginea | YEL |
| WHL | 1,0 |
ANNEX XIV
EUROPEAN UNION CONVERSION FACTORS FOR FRESH SALTED FISH
Species : Ling Molva molva | LIN |
| WHL | 2,8 |
ANNEX XV
EUROPEAN UNION CONVERSION FACTORS FOR FROZEN FISH
Species : Albacore Thunnus alalunga | ALB |
| WHL | 1,0 |
| GUT | 1,23 |
Species : Alfonsinos Beryx spp. | ALF |
| WHL | 1,0 |
Species : Anchovy Engraulis encrasicholus | ANE |
| WHL | 1,0 |
Species : Anglerfish Lophiidae | ANF |
| WHL | 1,0 |
| GUT | 1,22 |
| GUH | 3,04 |
| TAL | 3,0 |
| FIS | 5,6 |
Species : Mackarel icefish Champsocephalus gunnari | ANI |
| WHL | 1,0 |
Species : Greater silver smelt Argentina silus | ARU |
| WHL | 1,0 |
Species : Bigeye tuna Thunnus obesus | BET |
| WHL | 1,0 |
| GUH | 1,29 |
| HEA | 1,25 |
Species : Blue ling Molva dypterygia | BLI |
| WHL | 1,0 |
| GUT | 1,17 |
| GUH | 1,4 |
Species : Brill Scophthalmus rhombus | BLL |
| WHL | 1,0 |
Species : Black scabbardfish Aphanopus carbo | BSF |
| WHL | 1,0 |
| GUT | 1,48 |
Species : Atlantic blue marlin Makaira nigricans | BUM |
| WHL | 1,0 |
Species : Capelin Mallotus villosus | CAP |
| WHL | 1,0 |
Species : Cod Gadus morhua | COD |
| WHL | 1,0 |
| GUT | 1,17 |
| GUH | 1,7 |
| FIL | 2,6 |
| FIS | 2,6 |
| FSP | 2,95 |
| CBF | 1,63 |
Species : Common Dab Limanda limanda | DAB |
| WHL | 1,0 |
Species : Picked dogfish Squalus acanthias | DGS |
| WHL | 1,0 |
| GUS | 2,52 |
Species : European flounder Platichthys flesus | FLE |
| WHL | 1,0 |
Species : Greater forkbeard Phycis blennoides | GFB |
| WHL | 1,0 |
| GUT | 1,12 |
| GUH | 1,4 |
Species : Greenland halibut Reinhardtius hippoglossoides | GHL |
| WHL | 1,0 |
| GUT | 1,08 |
| GUH | 1,39 |
Species : Haddock Melanogrammus aeglefinus | HAD |
| WHL | 1,0 |
| GUT | 1,17 |
| GUH | 1,46 |
| FIL | 2,6 |
| FIS | 2,6 |
| FSB | 2,7 |
| FSP | 3,0 |
Species : Atlantic halibut Hippoglossus hippoglossus | HAL |
| WHL | 1,0 |
Species : Hering Clupea harengus | HER |
| WHL | 1,0 |
Species : European hake Merluccius merluccius | HKE |
| WHL | 1,0 |
| GUT | 1,34 |
| GUH | 1,67 |
Species : White hake Urophycis tenuis | HKW |
| WHL | 1,0 |
Species : Horse mackerel Trachurus spp. | JAX |
| WHL | 1,0 |
| GUT | 1,08 |
Species : Antarctic krill Euphausia superba | KRI |
| WHL | 1,0 |
Species : Lemon sole Microstomus kitt | LEM |
| WHL | 1,0 |
| GUT | 1,05 |
Species : Megrims Lepidorhombus spp. | LEZ |
| WHL | 1,0 |
| GUT | 1,06 |
Species : Unicorn icefish Channichthys rhinoceratus | LIC |
| WHL | 1,0 |
Species : Ling Molva molva | LIN |
| WHL | 1,0 |
| GUT | 1,14 |
| GUH | 1,33 |
| FIL | 2,8 |
| FSP | 2,3 |
Species : Atlantic mackerel Scomber scombrus | MAC |
| WHL | 1,0 |
| GUT | 1,11 |
Species : Norway lobster Nephrops norvegicus | NEP |
| WHL | 1,0 |
| TAL | 3,0 |
Species : Humped rockcod Notothenia gibberifrons | NOG |
| WHL | 1,0 |
Species : Norway pout Trisopterus esmarkii | NOP |
| WHL | 1,0 |
Species : Marbled rockcod Notothenia rossii | NOR |
| WHL | 1,0 |
Species : Orange roughy Hoplostethus atlanticus | ORY |
| WHL | 1,0 |
Species : Pacific snow crab Chionoecetes spp. | PCR |
| WHL | 1,0 |
Species : White shrimps Penaeus spp. | PEN |
| WHL | 1,0 |
Species : European plaice Pleuronectes platessa | PLE |
| WHL | 1,0 |
| GUT | 1,07 |
Species : Saithe Pollachius virens | POK |
| WHL | 1,0 |
| GUT | 1,19 |
| GUH | 1,44 |
| FIS | 2,78 |
| FSB | 2,12 |
| FSP | 2,43 |
Species : Pollack Pollachius pollachius | POL |
| WHL | 1,0 |
| GUT | 1,17 |
Species : Northern prawn Pandalus borealis | PRA |
| WHL | 1,0 |
Species : Atlantic redfishes Sebastes spp. | RED |
| WHL | 1,0 |
| GUT | 1,19 |
| GUH | 1,78 |
| FIS | 3,37 |
| FSP | 3,0 |
| JAT | 1,9 |
Species : Rough-head grenadier Macrourus berglax | RHG |
| WHL | 1,0 |
Species : Roundnose grenadier Coryphaenoides rupestris | RNG |
| WHL | 1,0 |
| GUT | 1,11 |
| GUH | 1,92 |
Species : Sandeels Ammodytes spp. | SAN |
| WHL | 1,0 |
Species : Blackspot seabream Pagellus bogaraveo | SBR |
| WHL | 1,0 |
| GUT | 1,11 |
Species : Rough longnose dogfish Deania histricosa | SDH |
| WHL | 1,0 |
Species : Arrowhead dogfish Deania profundorum | SDU |
| WHL | 1,0 |
Species : South Georgia icefish Pseudochaenichthys georgianus | SGI |
| WHL | 1,0 |
Species : Common sole Solea solea | SOL |
| WHL | 1,0 |
Species : European sprat Sprattus sprattus | SPR |
| WHL | 1,0 |
Species : Northern squid Illex illecebrosus | SQI |
| WHL | 1,0 |
Species : Squid Martialia hyadesi | SQS |
| WHL | 1,0 |
Species : Skates Rajidae | SRX |
| WHL | 1,0 |
| GUT | 1,13 |
| WNG | 2,09 |
Species : Swordfish Xiphias gladius | SWO |
| WHL | 1,0 |
| GUT | 1,12 |
| GUH | 1,31 |
| HEA | 1,33 |
| GHT | 1,33 |
Species : Patagonian toothfish Dissostichus eleginoides | TOP |
| WHL | 1,0 |
Species : Turbot Psetta maxima | TUR |
| WHL | 1,0 |
| GUT | 1,09 |
Species : Tusk Brosme brosme | USK |
| WHL | 1,0 |
Species : Blue whiting Micromesistius poutassou | WHB |
| WHL | 1,0 |
| GUT | 1,15 |
| FIS | 2,65 |
| SUR | 2,97 |
Species : Whiting Merlangius merlangus | WHG |
| WHL | 1,0 |
| GUT | 1,18 |
Species : Atlantic white marlin Tetrapturus albidus | WHM |
| WHL | 1,0 |
Species : Witch flounder Glyptocephalus cynoglossus | WIT |
| WHL | 1,0 |
Species : Yellowtail flounder Limanda ferruginea | YEL |
| WHL | 1,0 |
ANNEX XVIMETHODOLOGY FOR ESTABLISHING THE SAMPLING PLANS REFERRED TO IN ARTICLES 16(1) AND 25(1) OF THE CONTROL REGULATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX XVIIFISHING EFFORT REPORTING FORMATS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX XVIIIMETHODOLOGY FOR CALCULATING THE AVERAGE NET WEIGHT OF BOXES OR BLOCKS OF FROZEN FISHERIES PRODUCTS
Sampling Plan
| Lot size(number of boxes) | Sample size(number of pallets × 52 boxes |
|---|---|
| 5 000 or less | 3 |
| 5 001-10 000 | 4 |
| 10 001-15 000 | 5 |
| 15 001-20 000 | 6 |
| 20 001-30 000 | 7 |
| 30 001-50 000 | 8 |
| More than 50 000 | 9 |
The average weight per box or block shall be determined per species using the sampling plan in the table below and, where appropriate, by presentation. The sample shall be selected randomly.
Each pallet of boxes or blocks shall be weighed. The total gross weight of all pallets in the sample shall be divided by the total number of pallets in the sample to arrive at the average gross weight per pallet per species and, where appropriate, by presentation.
In order to arrive at the net weight per box or block per species and, where appropriate, by presentation the following deductions shall be made from the average gross weight of the pallets of the sample referred to in point 2:
the average tare weight per box or block equal to the weight of ice and cardboard, plastic or other packaging material multiplied by the number of boxes or blocks on the pallet;
the average weight of empty pallets from the sample as used in the landing.
The resulting net weight per pallet per species and, where appropriate, by presentation shall then be divided by the number of boxes on the pallet.
The tare weight per box or block referred to in point 3(a) shall be 1,5 kg. A fisheries administration may use a different tare weight per box or block .
ANNEX XIXMETHODOLOGY FOR ESTABLISHING THE SAMPLING PLANS FOR WEIGHING OF LANDINGS OF FISHERIES PRODUCTS IN THE UNITED KINGDOM REFERRED TO IN ARTICLE 60(1) OF THE CONTROL REGULATION
This Annex lays down the methodology for a fisheries administration to establish sampling plans in accordance with Article 60(1) of the Control Regulation.
1.The aim of the sampling plan shall be to ensure accurate weighing of fisheries products on landing.
2.The size of the sample to be weighed shall be determined on the basis of the risk of non compliance with Fisheries Rules for the port/location/region ... where the landing(s) take place.
3.A fisheries administration must establish risk at the following levels ‘very low’, ‘low’, ‘medium’, ‘high’ and ‘very high’.
4.In establishing the level of risk of non compliance with Fisheries Rules , a fisheries administration must take account of all relevant criteria. These shall include, but not be limited to:
levels of landings at the port/location/region involving all regulated stocks,
level of previously detected infringements linked to landings at the port/location/region,
total number of inspections carried out at the port/location/region,
availability of quota to those vessels landing at the port/location/region,
use of standardized boxes.
As appropriate:
fluctuation of market price levels for the landed fisheries products,
risk of fraud at port/location/region.
5.The sampling shall be representative and at least as efficient as Simple Random Sampling.
6.Where fisheries products are landed in standardized boxes, the minimum number boxes to be sample weighed shall be proportionate to the risk levels identified by a fisheries administration . Preferably, a fisheries administration should indicate the number of boxes to be weighed by means of tables for the different risk levels, as in the example below:
| Number of boxes landed by species | Number of boxes to be weighed subject to risk level | ||||
|---|---|---|---|---|---|
| Very Low | Low | Medium | High | Very High | |
| 0-25 | 1 | 1 | 1 | 1 | 2 |
| 25-50 | 1 | 2 | 3 | 4 | 5 |
| 50-100 | 1 | 3 | 4 | 5 | 6 |
| 100-200 | 2 | 4 | 5 | 6 | 7 |
| Every additional 100 | 1 | 1 | 2 | 3 | 4 |
7.The sampling plan shall also include information on measures taken in order to ensure that:
operators comply with established sampling levels,
the results of weighing determined from sampling plans are used for the purposes mentioned in Article 60(5) of the Control Regulation,
a selected number of landings of fisheries products, to be determined by a fisheries administration on the basis of its risk analysis, are weighed in the presence of officials of the competent authorities.
8.Any risk analysis, data assessment, validation procedure, audit procedure, or other documents supporting the establishment, and further amendments, of the sampling plan shall be documented and made available for audits and inspection.
ANNEX XXMETHODOLOGY FOR ESTABLISHING THE SAMPLING PLANS REFERRED TO IN ARTICLE 60(3) OF THE CONTROL REGULATION
This Annex lays down the methodology for a fisheries administration to establish sampling plans for fisheries products landed from fishing vessels permitted to weigh on board in accordance with Article 60(3) of the Control Regulation.
1.The aim of the sampling plans shall be to verify the accuracy of weighing when fisheries products are permitted to be weighed on board.
2.A fisheries administration must ensure that sampling is carried out at the time of landing of the fisheries products from the fishing vessel on which they were weighed.
3.The size of the sample shall be determined on the basis of the risk of non-compliance with Fisheries Rules by those fishing vessels permitted to weigh fisheries products on board.
4.A fisheries administration must establish risk at the following levels: ‘very low’, ‘low’, ‘medium’, ‘high’ and ‘very high’.
5.In establishing the level of risk of non compliance with Fisheries Rules , a fisheries administration must take account of all relevant criteria. These shall include, but not be limited to:
levels of landings from fishing vessels permitted to weigh catches of fisheries products on board at a port, or other location, or within a region,
levels of previously detected infringements associated with fishing vessels permitted to weigh catches of fisheries products on board,
levels of inspection activity at a port, or other location, or within a region where fisheries products are landed from fishing vessels permitted to weigh on board,
availability of quota for fishing vessels permitted to weigh fisheries products on board.
As appropriate:
fluctuation of market price levels for the landed fisheries products,
risk of fraud at port/location/region.
6.Sampling of landings of fisheries products shall be at least as effective as simple random sampling and proportionate to the level of risk.
7.The sampling plan shall include measures to ensure that the weighing of the sample shall be carried out.
8.The number of boxes sample weighed shall be proportionate to the assessed risk level. Preferably, a fisheries administration should indicate the number of boxes to be weighed by means of tables for the different risk levels, as in the example below:
| Number of boxes landed by species | Number of boxes to be weighed subject to risk level | ||||
|---|---|---|---|---|---|
| Very Low | Low | Medium | High | Very High | |
| 0-25 | 1 | 1 | 1 | 1 | 2 |
| 25-50 | 1 | 2 | 3 | 4 | 5 |
| 50-100 | 1 | 3 | 4 | 5 | 6 |
| 100-200 | 2 | 4 | 5 | 6 | 7 |
| Every additional 100 | 1 | 1 | 2 | 3 | 4 |
9.When fisheries products from such vessels are weighed before first marketing and the weighing takes place immediately following the landing of the lots of fisheries products, the results of weighing may be used for the purposes of the sampling plan.
10.The sampling plan shall also include measures to ensure that:
operators comply with established sampling levels,
without prejudice to Article 71(2) of this Regulation the results of weighing determined from sampling plans are used for the purposes mentioned in Article 60(5) of the Control Regulation,
a selected number of landings of fisheries products, to be determined by a fisheries administration on the basis of its risk analysis, are weighed in the presence of officials of the competent authorities.
11.Any risk analysis, data assessment, validation procedure, audit procedure, or other documents supporting the establishment, and further amendments, of the sampling plan shall be documented and made available for audits and inspection.
ANNEX XXIMETHODOLOGY FOR ESTABLISHING THE CONTROL PLANS REFERRED TO IN ARTICLE 61(1) OF THE CONTROL REGULATION
This Annex lays down the methodology for a fisheries administration to establish the control plans to be applied when they permit fisheries products to be weighed after transport from the place of landing to a destination on the territory of the United Kingdom , in accordance with Article 61(1) of the Control Regulation.
1.The aim of the control plan shall be to minimise the risk of non-compliance with Fisheries Rules , when a fisheries administration permits fisheries products to be weighed after transport from the place of landing to a destination on the territory of the United Kingdom .
2.The size of the sample shall be determined on the basis of the risk of non-compliance with Fisheries Rules associated with the permitted weighing of fisheries products after transport.
3.A fisheries administration must define risk at the following levels ‘very low’, ‘low’, ‘medium’, ‘high’ and ‘very high’.
4.In establishing the level of risk of non compliance with Fisheries Rules, a fisheries administration must take account of all relevant criteria. These shall include, but not be limited to:
the levels of landings of fisheries products which are weighed after transport from the place of landing,
levels of previously detected infringements associated with landings of fisheries products weighed after transport from the place of landing,
known levels of transport controls,
availability of quota for those fishing vessels making landings which are weighed after transport from the place of landing,
use of standardized boxes by the vessels which are the provenance of the fisheries products.
As appropriate:
fluctuation of market price levels for the landed fisheries products,
risk of fraud at port/location/region.
5.Control plans shall include, but not be limited to.
A programme of inspections of fisheries products where they are transported from the places of landing for weighing at other destinations on the territory of the United Kingdom .
Provisions regarding the availability of transport documents in accordance with Article 68 of the Control Regulation.
Provisions regarding the verification of details of fisheries products transported with respect to data of the prior notification submitted in accordance with Article 17 of the Control Regulation, by the master of the fishing vessel landing the fisheries products.
Provisions regarding the integrity and details of seals placed on vehicles or containers used to transport such fisheries products in accordance with Article 109 of this Regulation.
Provisions for cross checking the fishing logbook and transport document data against the records of weighing at the destination where they are weighed.
Sample weighing of the fisheries products, in the presence of officials of the competent authorities at the destination where weighing prior to first marketing takes place. Sample sizes shall be proportionate to the assessed levels of risk. Where appropriate, a fisheries administration may incorporate the use of standardized boxes into the sample weighing procedures.
6.Where fisheries products are held in standardized boxes, a number of boxes shall be sample weighed in the presence of officials of the competent authorities of a fisheries administration . The number of boxes sample weighed shall be proportionate to the assessed risk level. Preferably, a fisheries administration should indicate the number of boxes to be weighed by means of tables for the different risk levels, as in the example below:
| Number of boxes landed by species | Number of boxes to be weighed subject to risk level | ||||
|---|---|---|---|---|---|
| Very Low | Low | Medium | High | Very High | |
| 0-25 | 1 | 1 | 1 | 1 | 2 |
| 25-50 | 1 | 2 | 3 | 4 | 5 |
| 50-100 | 1 | 3 | 4 | 5 | 6 |
| 100-200 | 2 | 4 | 5 | 6 | 7 |
| Every additional 100 | 1 | 1 | 2 | 3 | 4 |
7.The control plan shall include measures to ensure that the sample weighing is carried out.
8.Any risk analysis, data assessment, validation procedure, audit procedure, or other documents supporting the establishment and further amendments of the control plan shall be documented and made available for audits and inspection.
ANNEX XXII
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ANNEX XXIII LIST OF INFORMATION REQUIRED FOR COMPLETION OF SURVEILLANCE REPORTS REGARDING SIGHTINGS AND DETECTIONS OF FISHING VESSELS
General information
Surveillance report reference
Date and time of sighting or detection (UTC)
Originating country and name of single authority
Type and identification of the surveillance craft
Position and location of the surveillance craft at the time of sighting or detection
Details of the fishing vessel
Flag State
Name
Registration port and external registration number
International radio call sign
International Maritime Organisation number
United Kingdom Fleet Register number or Community Fleet Register number
Description
Type
Initial position and location at the time of sighting or detection
Initial heading and speed at the time of sighting or detection
Activity
Other information
Sighting or detection mean
Contact with the vessel
Details of communication with the vessel
Record of sighting or detection
Comments
Attachments
Reporting official and signature
Instructions for completing the surveillance reports:
Submit as comprehensive information as possible.
Position in latitude and longitude and detailed location (ICES division, GFCM geographical sub-area, NAFO, NEAFC or CECAF sub-area, FAO area, sub-area and division and at land, port).
Flag State, vessel name, registration port, external registration number, international radio call sign and IMO number: to be obtained from what is seen or detected of, or regarding, the vessel or from radio contact with the vessel (the source of the information must be reported).
Description of the vessel (if observed visually): distinguishing markings as applicable: state whether the name and port of registration of the vessel was visible or not. Record hull and superstructure colours, number of masts, and position of bridge and funnel length, etc.
Type of vessel and gears as sighted: e.g. long liner, trawler, tug, factory ship, carrier ship (FAO international standard statistical classification of fishery vessels).
Activity of the sighted or detected vessel as applicable: report for each activity if the vessel was fishing, setting fishing gear, hauling, transhipping, transferring, towing, transiting, anchoring or any other activities (to be detailed) including date, time, position, heading and speed of the vessel for each activity.
Sighting or detection mean as applicable: detail of how sighting or detection was made such as visual, VMS, radar, radio traffic or other (to be detailed)
Contact with vessel: state if a contact was made (YES/NO) and the communication means (radio or other, to be detailed).
Details of communication: summarise any communication with the vessel with indication of the name, nationality, position given by the person(s) contacted on board of the sighted/detected vessel.
Record of sighting or detection: indicate if the sighting or detection was made by photograph, video, audio or written report.
Comments: report any other comments.
Attachments: if available, attach photograph or sketch of the vessel (draw the profile of the vessel, indicating any distinguishing structures, profile, masts and markings that could be used for identification).
Detailed instructions to be used for completing the reports are available on the Master Data Register page of the European Commission Fisheries website.
Rules for the electronic exchange of surveillance reports:
For the electronic exchange of surveillance reports, the XML Schema Definition is available on the Master Data Register page of the European Commission Fisheries website. Implementation documents to be used for the exchange are also available on this website.
ANNEX XXIVINFORMATION WHICH SHALL BE LISTED ON THE SECURE SUBPAGES OF SECURE WEBSITES
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ANNEX XXVTASKS OF CONTROL OBSERVERS
1.Control observers shall note all fishing activities whilst embarked in the fishing vessel, including particularly the following:
the date and time and geographical positions of the start and finish of each fishing operation
observations of the depth at the start and finish of the fishing operation
the type of gear used in each operation and its dimensions, including mesh sizes where applicable and attachments used
observations of the estimated catch in order to identify target species, by catches and discards for compliance with catch composition and discard rules
observations of the size of different species in the catch, with specific reference to undersize specimens.
2.Control observers shall note any interference with the satellite tracking system.
ANNEX XXVI FORMAT OF CONTROL OBSERVER REPORT
| OBSERVER DETAILS | |
|---|---|
| Name | |
| Designated by (competent authority) | |
| Deployed by (employing authority) | |
| Start date | |
| End date | |
| FISHING VESSEL DETAILS | |
|---|---|
| Type | |
| Flag state | |
| Name | |
| United Kingdom fleet register number | |
| External identifier | |
| IRCS | |
| IMO Number | |
| Engine propulsion power | |
| Length overall | |
| GEAR TYPES CARRIED | |
|---|---|
| 1. | |
| 2. | |
| 3. | |
| GEAR OBSERVED USED DURING TRIP | |
|---|---|
| 1. | |
| 2. | |
| 3. | |
| DETAILS OF FISHING OPERATIONS | |
|---|---|
| Fishing operation reference number (if applicable) | |
| Date | |
| Gear type used | |
| Dimensions | |
| Mesh size | |
| Attachments fitted | |
Time of start of operation Finish time of operation | |
| Position of start of operation | |
| Depth at start | |
| Depth at end of operation | |
| Position at end of operation | |
| CATCHES | Species | Retained | Discarded | |
|---|---|---|---|---|
| Estimated quantities of each species in kg live weight equivalent | Minimum conservation reference size | |||
| Below the minimum conservation reference size | ||||
| Estimated quantities of target species in kg live weight equivalent | Minimum conservation reference size | |||
| Below the minimum conservation reference size | ||||
| Estimated quantities of target species in kg live weight equivalent | Minimum conservation reference size | |||
| Below the minimum conservation reference size | ||||
| Estimated total kg live weight equivalent of catch | Minimum conservation reference size | |||
| Below the minimum conservation reference size | ||||
OBSERVATIONS OF NON-COMPLIANCE
END OF THE FISHING TRIP SUMMARY
OBSERVER SIGNATURE
DATE
ANNEX XXVII INSPECTION REPORTS
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ANNEX XXVIIIMARKING OF FISHERY INSPECTION MEANS
INSPECTION PENNANT OR SYMBOL
All vessels used for fisheries control inspection and enforcement shall carry the inspection pennant or symbol clearly displayed on the sides of the unit used in such a way to be clearly visible. Vessels engaged in these duties shall fly the inspection pennant as to be clearly visible at all times.
The words ‘FISHERY INSPECTION’ may also be affixed on the sides of units.
ANNEX XXIXCONSTRUCTION AND USE OF BOARDING LADDERS
1.The provisions of this Annex shall apply to safe and convenient access to fishing vessels which require a climb of 1,5 metres or more.
2.A boarding ladder shall be provided which shall be efficient for the purpose of enabling inspectors to embark and disembark safely at sea. The boarding ladder shall be kept clean and in good order.
3.The ladder shall be positioned and secured so that:
it is clear of any possible discharges from the fishing vessel;
it is clear of the finer lines and as far as practicable in the middle length of the fishing vessel;
each step rests firmly against the fishing vessel’s side.
4.The steps of the boarding ladder shall:
be of hardwood or other material of equivalent properties, made in one piece free of knots; the four lowest steps may be made of rubber of sufficient strength and stiffness, or of other suitable material of equivalent characteristics;
have an efficient non-slip surface;
be not less than 480 mm long, 115 mm wide, and 23 mm in thickness, excluding any non-slip device or grooving;
be equally spaced not less than 300 mm or more than 380 mm apart;
be secured in such a manner that they will remain horizontal.
5.No boarding ladder shall have more than two replacement steps which are secured in position by a method different from that used in the original construction of the ladder and any steps so secured shall be replaced, as soon as reasonably practicable, by steps secured in position by the method used in the original construction of the ladder.
When any replacement step is secured to the side ropes of the boarding ladder by means of grooves in the side of the step, such grooves shall be in the longer sides of the steps.
6.The side ropes of the ladder shall consist of two uncovered manila or equivalent ropes not less than 60 mm in circumference on each side; each rope shall be left uncovered by any other material and be continuous with no joints below the top step; two main ropes, properly secured to the fishing vessel and not loss than 65 mm in circumference, and a safety line shall be kept at hand ready for use if required.
7.Battens made of hardwood, or other material of equivalent properties, in one piece, free of knots and between 1,8 and 2 m long, shall be provided at such intervals as will prevent the boarding ladder form twisting. The lowest batten shall be on the fifth step from the bottom of the ladder and the interval between any batten and the next shall not exceed nine steps.
8.Means shall be provided to ensure safe and convenient passage for inspectors embarking on or disembarking from the vessel between the head of the boarding ladder or of any accommodation ladder or other appliance provided, and the ship’s deck. Where such passage is by means of a gateway in the rails or bulwark, adequate handholds shall be provided.
9.Where such passage is by means of a bulwark ladder, such ladder shall be securely attached to the bulwark rail or platform and two handhold stanchions shall be fitted at the point of boarding or leaving the vessel not less than 0,70 m or more than 0,80 m apart. Each stanchion shall be rigidly secured to the vessel’s structure at or near its base and also at a higher point, shall be not less than 40 mm in diameter, and shall extend not less than 1,20 m above the top of the bulwark.
10.Lighting shall be provided at night so that both the boarding ladder over the side and also the position where the inspector boards the fishing vessel shall be adequately lit. A lifebuoy equipped with a self-igniting light shall be kept at hand ready for use. A heaving line shall be kept at hand ready for use if required.
11.Means shall be provided to enable the boarding ladder to be used on either side of the fishing vessel. The inspector in charge may indicate which side he would like the boarding ladder to be positioned.
12.The rigging of the ladder and the embarkation and disembarkation of an inspector shall be supervised by a responsible officer of the fishing vessel.
13.Where on any fishing vessel constructional features such as rubbing bands would prevent the implementation of any of these provisions, special arrangements shall be made to ensure that inspectors are able to embark and disembark safely.
ANNEX XXX POINTS TO BE ASSIGNED FOR SERIOUS INFRINGEMENTS
| No | Serious infringement | Points |
|---|---|---|
| 1 | Not fulfilling of obligations to record and report catch or catch related data, including data to be transmitted by satellite vessel monitoring system (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(b) of Regulation (EC) No 1005/2008) | 3 |
| 2 | Use of prohibited or non-compliant gear according to relevant retained direct EU law (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(e) of Regulation (EC) No 1005/2008) | 4 |
| 3 | Falsification or concealing of markings, identity or registration (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(f) of Regulation (EC) No 1005/2008) | 5 |
| 4 | Concealing, tampering or disposal of evidence relating to an investigation (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(g) of Regulation (EC) No 1005/2008) | 5 |
| 5 | Taking on board, transhipping or landing of undersized fish in contravention of the legislation in force or not fulfilling of obligations to land undersized fish (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(i) of Regulation (EC) No 1005/2008) | 5 |
| 6 | Carrying out of fishing activities in the area of a regional fisheries management organisation in a manner inconsistent with or in contravention of the conservation and management measures of that organisation (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(k) of Regulation (EC) No 1005/2008) | 5 |
| 7 | Fishing without a valid licence, authorisation or permit issued by the flag State or the relevant coastal State (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(a) of Regulation (EC) No 1005/2008 ) | 7 |
| 8 | Fishing in a closed area or during a closed season, without or after attainment of a quota or beyond a closed depth (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(c) of Regulation (EC) No 1005/2008) | 6 |
| 9 | Directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(d) of Regulation (EC) No 1005/2008) | 7 |
| 10 | Obstruction of work of officials in the exercise of their duties in inspecting for compliance with the applicable conservation and management measures or the work of observers in the exercise of their duties of observing compliance with the applicable ... rules (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(h) of Regulation (EC) No 1005/2008) | 7 |
| 11 | Transhipping to or participating in joint fishing operations with, support or re-supply of fishing vessels identified as having engaged in IUU fishing under Regulation (EC) No 1005/2008, in particular those included in the Union IUU vessel list or in the IUU vessel list of a regional fisheries management organisation (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(j) of Regulation (EC) No 1005/2008) | 7 |
| 12 | Use of a fishing vessel with not nationality and that is therefore a stateless vessel in accordance with international law (Article 90 paragraph 1 of the Control Regulation in conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(l) of Regulation (EC) No 1005/2008) | 7 |
ANNEX XXXI
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ANNEX XXXII
ADDITIONAL DATA FOR THE PURPOSE OF THE VALIDATION SYSTEM
| Data element | Code | Content | Compulsory/Optional | |
|---|---|---|---|---|
| 1. | Business rules | BUS | Business rules that define which validations are executed in the validation system | |
| 2. | Business rule ID | BR | Unique code for every type of check, validation, control etc. | C |
| 3. | Primary dataset | D1 | Indicates which dataset is being validated | C |
| 4. | Secondary dataset | D2 | Indicates with which dataset(s) the primary dataset is validated | C |
| 5. | EU legislation reference | LE | Reference to which regulation and articles apply | C |
| 6. | Legal requirement | RQ | Short summary of what is the legal requirement | C |
| 7. | Validation specification | VS | Detailed specification of what is being validated | C |
| 8. | Inconsistencies of validation | INC | Inconsistencies detected as a result of the validation procedures | |
| 9. | Record No of the inconsistency | RN | Unique identifier or record number of the inconsistency | C |
| 10. | Business rule ID | BR | Unique code for every type of check, validation, control etc. | C |
| 11. | Record No of the validated record | RV | Unique identifier or record number of the validated record from the primary dataset | C |
| 12. | Inconsistency Type | IY | Type of inconsistency detected | C |
| 13. | Inconsistency Value | IV | Value/difference/size of detected inconsistency (if relevant) | CIF |
| 14. | Original value | OR | Original value before correction | C |
| 15. | Follow-up | FU | Explanation of why data is inconsistent and follow-up | O |
| 16. | Results of follow-up | FR | Corrected value for this inconsistency | CIF |
| 17. | Follow-up completed | FX | Indication if follow-up is completed or still in process | CIF |
| 18. | Date follow-up completion | FD | The date on which the issue has been fully resolved or the result of the infringement procedure is known | CIF |
| 19. | Infringement procedure | IP | Reference to related infringement procedure or legal action taken by the authorities, if applicable | CIF |
| 20. | Validation information | VAL | The validation information on a particular element and business rule. To be used as subelement of the validated element. | |
| 21. | Date of validation | VD | Date of validation | C |
| 22. | Reference to inconsistency | RI | Unique identifier or record number of the inconsistency | CIF |
| 23. | VMS data | VMS | Position data coming from the Vessel Monitoring System | |
| 24. | Country of registration | FS | Flag State of vessel registration. ISO alpha-3 country code | C |
| 25. | Vessel’s Community fleet register (CFR) number | IR | With format AAAXXXXXXXXX where A is an uppercase letter being the country of first registration within the EU and X being a letter or a number | C |
| 26. | International Radio Call Sign | RC | International Radio Call Sign, if CFR not up to date or not existing | CIF |
| 27. | Name of vessel | NA | Name of the vessel | O |
| 28. | Trip No | TN | Fishing trip serial number | C |
| 29. | Record No | RN | Unique sequential record number assigned to every record | C |
| 30. | Date and Time | DT | Date and time of transmission | C |
| 31. | Position sub-declaration | POS | Position when discarded (see details of sub-elements and attributes of POS) | C |
| 32. | Speed | SP | Vessel speed in knots (nn,n) | C |
| 33. | Course | CO | Vessel course in degrees (0-360) | C |
| 34. | Date and Time received by authority | DR | Date and time of registration at authority | C |
| 35. | Manual | MA | Indicates if data is received electronically or manually entered (Y/N) | C |
| 36. | Date and time manual data entry | DM | Date and time of manual data entry into the database, in case of manually entered | CIF |
ANNEX XXXIIIINFORMATION WHICH SHALL BE LISTED ON THE PUBLIC SUBPAGES OF PUBLICLY ACCESSIBLE WEBSITES
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ANNEX XXXIV
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ANNEX XXXV
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ANNEX XXXVI
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ANNEX XXXVII
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Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1) and Commission implementing Regulation (EU) No 1101/2014 of 16 October 2014 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 312, 31.10.2014, p. 1).
Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).
This information shall be indicated on the fishing licence only at the moment when the vessel is registered in the Union fishing fleet register in accordance with the provisions of Commission Regulation (EC) No 26/2004 (OJ L 5, 9.1.2004, p. 25).
In accordance with Regulation (EC) No 26/2004.
For vessels having a name.
In accordance with Regulation (EC) No 26/2004 for vessels requested to have an IRCS.
In accordance with Regulation (EC) No 2930/86.
In accordance with Regulation (EC) No 2930/86. This information shall be indicated on the fishing licence only at the moment when the vessel is registered in the Union fishing fleet register in accordance with the provisions of Regulation (EC) No 26/2004.
In accordance with the International Standard Statistical Classification of Fishing Gear (ISSCFCG).
In accordance with Regulation (EC) No 26/2004.
For vessels having a name.
Vessels remaining within an effort zone not exceeding 5 nautical miles either side of the line separating two effort zones must record their first entry and last exit during a period of 24 hours.
[F1Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1) and Commission implementing Regulation (EU) No 1101/2014 of 16 October 2014 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 312, 31.10.2014, p. 1).]
[F1Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).]
This information shall be indicated on the fishing licence only at the moment when the vessel is registered in the Union fishing fleet register in accordance with the provisions of Commission Regulation (EC) No 26/2004 (OJ L 5, 9.1.2004, p. 25).
In accordance with Regulation (EC) No 26/2004.
For vessels having a name.
In accordance with Regulation (EC) No 26/2004 for vessels requested to have an IRCS.
In accordance with Regulation (EC) No 2930/86.
In accordance with Regulation (EC) No 2930/86. This information shall be indicated on the fishing licence only at the moment when the vessel is registered in the Union fishing fleet register in accordance with the provisions of Regulation (EC) No 26/2004.
In accordance with the International Standard Statistical Classification of Fishing Gear (ISSCFCG).
In accordance with Regulation (EC) No 26/2004.
For vessels having a name.
[F1Vessels remaining within an effort zone not exceeding 5 nautical miles either side of the line separating two effort zones must record their first entry and last exit during a period of 24 hours.]
Textual Amendments
F1Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.