# Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999

EU Regulation No 1236/2010 · adopted 15 December 2010

Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999

## Introductory text

Regulation (EU) No 1236/2010 of the European Parliament and of the Council
of 15 December 2010
laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Economic and Social Committee,
Acting in accordance with the ordinary legislative procedure,
Whereas:
(1)
The Convention on future multilateral cooperation in the North-East Atlantic fisheries (the Convention), was approved by the Council in Decision 81/608/EEC and entered into force on 17 March 1982.
(2)
The Convention provides for an appropriate framework for multilateral cooperation on the rational conservation and management of fishery resources in the Area defined by the Convention (the Convention Area).
(3)
The North-East Atlantic Fisheries Commission (NEAFC), at its Annual Meeting on 15 November 2006, adopted a recommendation establishing a scheme of control and enforcement (the Scheme) applicable to fishing vessels operating in the waters of the Convention Area which lie beyond the waters under the fisheries jurisdiction of the Contracting Parties (the Regulatory Area). The Scheme, which came into force on 1 May 2007, was amended by several recommendations at the Annual Meetings in November 2007, 2008 and 2009.
(4)
Under Articles 12 and 15 of the Convention, these recommendations came into force on 9 February 2008, 6 and 8 January 2009, and 6 February 2010 respectively.
(5)
The Scheme provides for control and enforcement measures applicable to vessels flying the flag of Contracting Parties and operating in the Regulatory Area, and arrangements for inspection at sea which include inspection and surveillance procedures and infringement procedures which must be implemented by the Contracting Parties.
(6)
The Scheme provides for a new Port State Control system which will effectively close European ports to landings and transhipments of frozen fish which have not been verified to be legal by the flag state of fishing vessels flying the flag of a Contracting Party other than the port state.
(7)
Certain control provisions adopted by NEAFC have been incorporated into Union law by way of the yearly TAC and quotas Regulation, and most recently by Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required. For the sake of legal certainty, such provisions which are not of a temporary nature should be the subject of a new separate regulation.
(8)
The Scheme also comprises provisions to promote compliance by vessels flying the flag of a non-Contracting Party with the control and enforcement measures in order to ensure full respect of conservation and management measures adopted by NEAFC. NEAFC recommended removing a number of vessels from the list of vessels that have been confirmed to have engaged in illegal, unreported and unregulated fisheries. The incorporation of those recommendations into Union law should be ensured.
(9)
Article 5(2) of 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 provides that Member States shall control access to waters and resources and control activities outside EU waters carried out by vessels flying their flag. Provision should therefore be made for Member States whose vessels are authorised to fish in the Regulatory Area to assign inspectors to the Scheme to undertake monitoring and surveillance as well as adequate resources for inspection.
(10)
In order to ensure the monitoring of fishing activities in the Convention Area, it is necessary for Member States to cooperate with one another and with the Commission and the body designated by it in applying the Scheme.
(11)
It is the responsibility of Member States to ensure that their inspectors comply with the inspection procedures laid down by NEAFC.
(12)
The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) in respect of detailed rules concerning lists of the fishery resources to be notified, procedures for prior notification of entry into port and for the cancellation thereof as well as authorisation to land or tranship. The Commission should also be empowered to adopt delegated acts in respect of the incorporation into Union law of future amendments of those measures of the Scheme which form the subject matter of certain expressly defined non-essential elements of this Regulation and which become binding upon the Union in accordance with the terms of the Convention. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
(13)
The measures necessary for the implementation of this Regulation should be adopted by the Commission by means of implementing acts in accordance with Article 291 TFEU. According to that Article, rules and general principles concerning mechanisms for the control by Member States of the Commission’s exercise of implementing powers are to be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure. Pending the adoption of that new regulation, Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission continues to apply, with the exception of the regulatory procedure with scrutiny, which is not applicable.
(14)
As this Regulation will establish new rules concerning control and enforcement in the Convention Area, Council Regulation (EC) No 2791/1999 of 16 December 1999 laying down certain control measures applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries should be repealed,
HAVE ADOPTED THIS REGULATION:

## Chapter I: GENERAL PROVISIONS

## 1 Subject matter

This Regulation lays down the general rules and conditions for the application by the United Kingdom of the Scheme adopted by NEAFC.

## 2 Scope

Unless otherwise stated, this Regulation shall apply to all United Kingdom vessels used or intended for use for fishing activities carried out in respect of fishery resources in the Regulatory Area.

## 3 Definitions

For the purpose of this Regulation, the following definitions shall apply:
1..‘Convention’ means the Convention on future multilateral cooperation in North-East Atlantic fisheries, as amended;
2..‘Convention Area’ means the Convention Area as defined in Article 1(1) of the Convention;
3..‘Regulatory Area’ means the waters of the Convention Area which lie beyond the waters under the fisheries jurisdiction of the Contracting Parties;
4..‘Contracting Parties’ means the Contracting Parties to the Convention;
5..‘NEAFC’ means the North-East Atlantic Fisheries Commission;
6..‘fishing activities’ means fishing, including joint fishing operations, fish processing operations, the transhipment or landing of fishery resources or products thereof and any other commercial activity in preparation for, or related to, fishing, including packaging, transporting, refuelling or resupplying;
7..‘fishery resources’ means the resources referred to in Article 1(2) of the Convention;
8..‘regulated resources’ means those fishery resources which are subject to recommendations under the Convention and are listed in the Annex;
9..‘fishing vessel’ means any vessel used or intended for use for the purposes of the commercial exploitation of fishery resources, including fish processing vessels and vessels engaged in transhipment;
10..‘non-Contracting Party vessel’ means any vessel engaged in fishing activities that is not flagged in a Contracting Party, including vessels for which there are reasonable grounds for suspecting them to be without nationality;
11..‘joint fishing operation’ means any operations between two or more vessels where catch is taken from the fishing gear of one fishing vessel to another;
12..‘transhipment operation’ means the unloading of all or any fishery products on board a fishing vessel onto another fishing vessel;
13..‘port’ means any place on shore used for landing or for the provision of services in relation to, or in support of, fishing activities, or a place on or close to the shore designated by a Contracting Party for transhipping of fishery resources.
14..“United Kingdom fishing vessel” means a fishing vessel which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995. A reference to the ‘fleet’ of a fisheries administration is a reference to all United Kingdom fishing vessels which are—
(a)in the case of the Secretary of State and the Marine Management Organisation, registered to a port in England;
(b)in the case of the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, registered to a port in Northern Ireland;
(c)in the case of the Scottish Ministers, registered to a port in Scotland; or
(d)in the case of the Welsh Ministers registered to a port in Wales.

## 4 Contact points

1. A fisheries administration must designate the competent authority which shall act as the contact point for the purposes of receiving surveillance and inspection reports in accordance with Articles 12, 19, 20 and 27 and for receiving notifications and issuing authorisations in accordance with Articles 24 and 25.
2. Contact points for receiving notifications and issuing authorisations in accordance with Articles 24 and 25 shall be available 24 hours a day.
3. A fisheries administration must send to ... the NEAFC Secretary the telephone number, e-mail address and fax number of the designated contact point.
4. Any subsequent changes to the information concerning the contact points referred to in paragraphs 1 and 3 shall be notified to ... the NEAFC Secretary no later than 15 days before the change comes into force.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## Chapter II: MONITORING MEASURES

## 5 United Kingdom participation

1. A fisheries administration must send to the NEAFC Secretary, in a computer-readable form, a list of United Kingdom fishing vessels in its fleet which are authorised to fish in the Regulatory Area, in particular the vessels authorised to fish directly for one or more regulated resources together with any amendments to the list. This information shall be sent no later than 31 December each year or no later than 5 days before the vessel enters the Regulatory Area.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 6 Marking of gear

1. A fisheries administration must ensure that gear used by fishing vessels in its fleet in the Regulatory Area is marked in accordance with Commission Implementing Regulation (EU) No. 404/2011.
2. A fisheries administration may remove and dispose of fixed gear that is not marked in accordance with Regulation (EU) No. 404/2011 or that contravenes in any other way recommendations adopted by NEAFC, as well as fish that are found in the gear.

## 7 Retrieval of lost gear

1. The competent authority of a fisheries administration must send without delay to the NEAFC Secretary the information provided to it pursuant to Article 48(3) of Regulation (EC) No 1224/2009 as well as the call sign of the vessel that has lost the gear.
2. A fisheries administration must undertake to retrieve on a regular basis lost gears belonging to United Kingdom fishing vessels.

## 8 Recording of catches

1. In addition to the information specified in Articles 14 and 15 of Council Regulation (EC) No 1224/2009..., the masters of United Kingdom fishing vessels shall record, either in a bound paginated fishing logbook or by electronic means, the following:
(a) each entry into and exit from the Regulatory Area;
(b) on a daily basis and/or for each haul the estimated cumulative catches retained on board since the last entry into the Regulatory Area;
(c) on a daily basis and/or for each haul the amount of fish discarded;
(d) immediately after each communication pursuant to Article 9, the date and time, according to Universal Coordinated Time (UTC), of transmission of a report and, in the case of radio transmission, the name of the radio station through which the report was transmitted;
(e) the fishing depth, where appropriate.
2. The masters of United Kingdom fishing vessels engaged in fishing activities carried out in respect of regulated resources and which process and/or freeze their catch shall:
(a) record their cumulative production by species and product form in a production logbook; and
(b) stow in the hold all processed catch in such a way that the location of each species can be identified from a stowage plan maintained on board the fishing vessel.
3. By way of derogation from paragraph 1, a fisheries administration may exempt from the obligation to record in a fishing logbook or electronically a vessel engaged in transhipment operations which on-loads quantities on board. Vessels benefiting from this derogation shall specify in a stowage plan the location in the hold of frozen fish referred to in Article 14(1) and record in a production logbook:
(a) the date and time, according to UTC, of transmission of a report referred to in Article 9;
(b) in the case of radio transmission, the name of the radio station through which the report was transmitted;
(c) the date and time, according to UTC, of the transhipment operation;
(d) the location (latitude/longitude) of the transhipment operation;
(e) the quantities of each species on-loaded;
(f) the name and international radio call sign of the fishing vessel from which the catch has been off-loaded.
4. Detailed rules for the implementation of this Article shall be determined in accordance with Article 50(2).

## 9 Reporting of catches of regulated resources

1. The masters of United Kingdom fishing vessels engaged in fishing activities carried out in respect of regulated resources shall communicate catch reports by electronic means to their Fisheries Monitoring Centre, as defined in point (15) of Article 4 of Regulation (EC) No 1224/2009. ... Reports shall include the following:
(a) reports on the quantities held on board when entering the Regulatory Area. Such reports shall be transmitted no earlier than 12 hours and no later than 2 hours before each entry into the Regulatory Area;
(b) reports on weekly catches. Such reports shall be transmitted for the first time no later than the end of the seventh day following the entry of the vessel into the Regulatory Area or, when fishing trips take more than 7 days, no later than Monday noon for catches taken in the Regulatory Area during the preceding week ending at midnight on Sunday. This report shall include the number of fishing days since the start of fishing, or since the last catch report;
(c) reports on catches on board when exiting the Regulatory Area. Such reports shall be transmitted no earlier than 8 hours and no later than 2 hours before each departure from the Regulatory Area. Such reports shall include, where appropriate, the number of fishing days and the catch taken in the Regulatory Area since the start of fishing, or since the last catch report;
(d) reports on the quantities on-loaded and off-loaded for each transhipment of fish during the vessel’s stay in the Regulatory Area. Donor vessels shall make this report no later than 24 hours before the transhipment, and receiving vessels no later than 1 hour after the transhipment. The report shall include the date, time and geographical position of the planned transhipment as well as the total round weight by species which are to be off-loaded or which have been on-loaded in kilograms and the call signs of the donor and receiving vessels. Without prejudice to Chapter IV, at least 24 hours before any landing, the receiving vessel shall report the total catch on board, the total weight to be landed, the name of the port and the estimated date and time of landing, regardless of whether the landing is to take place in a port inside or outside the Convention Area.
2. The reports on catches referred to in this Article shall be expressed in kilograms (rounded to the nearest 100 kg). The total round weight shall be reported by species, using the FAO codes. The total quantity of species for which the total round weight by species is less than 1 tonne may be reported under the 3-alpha code MZZ (marine fish not specified).
3. A fisheries administration must record the data contained in the catch reports in a computerised database.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 10 Global reporting of catches and fishing effort

1. A fisheries administration must inform the NEAFC Secretary by computer transmission before the 30th day of each month of the quantities of fishery resources caught in the Regulatory Area by United Kingdom fishing vessels which have been landed or transhipped during the preceding month.
2. A fisheries administration must also inform the NEAFC Secretary by computer transmission before the 15th day of each month of the quantities of regulated resources caught in areas under the national fisheries jurisdiction of third countries and within United Kingdom waters of the Convention Area by United Kingdom fishing vessels which have been landed or transhipped during the preceding month.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 11 Vessel Monitoring System

A fisheries administration must ensure the automatic and electronic transmission to the NEAFC Secretary of information obtained by the vessel monitoring system (VMS) concerning United Kingdom fishing vessels which fish or plan to fish in the Regulatory Area. ...
In respect of bottom fishing in the Regulatory Area, the following additional provisions shall apply:
(a) a fisheries administration must implement an automatic system able to monitor and detect possible bottom fishing in areas outside the existing bottom fishing areas, and possible fishing inside closed areas;
(b)a fisheries administration must ensure that delimitations of closed areas are installed in their vessel monitoring systems according to coordinates contained in recommendations adopted by NEAFC.

## 12 Communication of information

1. A fisheries administration must communicate the reports and the information referred to in Articles 9 and 11 without delay to the NEAFC Secretary. In the event of technical malfunction, however, such reports and information shall be transmitted to the NEAFC Secretary within 24 hours of receipt. A fisheries administration must ensure that all reports and messages forwarded by them are numbered sequentially.
1a. The reports referred to in Article 9 may be cancelled by means of a cancellation report.
If a report requires a correction, it shall be cancelled by way of a cancellation report. A new, corrected report shall be sent after the cancellation report and within the time limits set out in Article 9.
If the Fisheries Monitoring Centre of a fisheries administration accepts the cancellation of a report, it shall communicate it to the NEAFC Secretary.
2. A fisheries administration must ensure that the reports and information transmitted to the NEAFC Secretary are in accordance with the data exchange formats and data communication systems determined pursuant to Article 16 of Commission Implementing Regulation (EU) No 433/2012.

## 13 Transhipments and joint fishing operations

1. United Kingdom fishing vessels shall engage in transhipment activities in the Regulatory Area only if they have received prior authorisation from the competent authorities of a fisheries administration.
2. United Kingdom fishing vessels may only engage in transhipment operations or joint fishing operations with vessels flying the flag of a Contracting Party and vessels of a non-Contracting Party granted the status of a cooperating non-Contracting Party by NEAFC.
3. United Kingdom fishing vessels engaged in transhipment operations which on-load quantities on board shall not engage in other fishing activities, including joint fishing operations, during the same trip, with the exception of fish-processing operations and landings.

## 14 Separate stowage

1. United Kingdom fishing vessels which carry on board frozen fishery resources caught in the Convention Area by more than one fishing vessel may stow the fish from each of those vessels in more than one part of the hold but shall keep it clearly separate from fish caught by other vessels, in particular by using plastic, plywood or netting.
2. All catches taken inside the Convention Area shall be stowed separately from all catches taken outside the area.

## 15 Labelling of frozen fish

When frozen, all fish caught in the Convention Area shall be identified with a clearly legible label or stamp. The label or stamp shall be placed at the time of stowage on each box or block of frozen fish and shall indicate the species, the production date, the ICES sub-area and division where the catch was taken and the name of the vessel which caught the fish.

## Chapter III: INSPECTIONS AT SEA

## 16 NEAFC inspectors

1. A fisheries administration that has fishing vessels in its fleet which are authorised to fish in the Regulatory Area shall assign inspectors to the Scheme to carry out surveillance and inspection (NEAFC inspectors).
2. A fisheries administration must issue a special identity document to each NEAFC inspector. ...
3. Each NEAFC inspector shall carry and produce the special identity document when boarding a fishing vessel.

## 17 General provisions for inspection and surveillance

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. A fisheries administration must ensure that the inspections by its NEAFC inspectors are carried out in a non-discriminatory manner and in accordance with the Scheme. The number of inspections shall be based on fleet size, taking into account the time spent by fishing vessels in the Regulatory Area.
3. A fisheries administration must seek to ensure, through an equitable distribution of inspections, equal treatment of all Contracting Parties with fishing vessels operating in the Regulatory Area.
4. A fisheries administration must take steps to ensure that NEAFC inspectors from another Contracting Party are permitted to carry out inspections on board United Kingdom fishing vessels.
5. NEAFC inspectors shall avoid the use of force except in cases of legitimate self-defence. When carrying out inspections on board fishing vessels, NEAFC inspectors shall not carry fire-arms. This paragraph shall be without prejudice to applicable laws concerning the prohibition of the use of force.
6. NEAFC inspectors shall avoid causing any inconvenience to the fishing vessel or interfering with its activities and the catch retained on board, except when and to the degree necessary to carry out their mandates.

## 18 Means to carry out inspection

1. A fisheries administration must make available to their NEAFC inspectors adequate means to enable them to carry out their surveillance and inspection tasks. To that end they shall assign inspection vessels and aircraft to the Scheme.
2. A fisheries administration must send to the NEAFC Secretary before 1 January each year details of the plan together with the names of the NEAFC inspectors and special inspection vessels as well as the types of aircraft and their identification details (registration number, name, radio call-sign) which a fisheries administration is assigning to the Scheme during that year. ...
3. Any vessel assigned to the Scheme and carrying NEAFC inspectors, as well as the boarding craft deployed by that vessel, shall display the NEAFC inspection special signal to indicate that NEAFC inspectors on board may carry out inspection duties in accordance with the Scheme. Aircraft assigned to the Scheme shall have their international radio call-sign clearly displayed. The form of the special signal shall be determined in accordance with Article 50(2).
4. For each United Kingdom inspection vessel or aircraft assigned to the Scheme, a fisheries administration must keep a record of the date and hour of the start and termination of their duties under the Scheme as set out in the form determined in accordance with Article 50(2).

## 19 Surveillance procedure

1. Surveillance shall be based on sightings of fishing vessels by NEAFC inspectors from a vessel or aircraft assigned to the Scheme. NEAFC inspectors shall forward a copy of each sighting report for every vessel without delay, by electronic transmission in the form set out in accordance with Article 50(2), to the flag state of the vessel concerned, ... and to the NEAFC Secretary. A hard copy of each sighting report and any photographs shall be forwarded on request to the flag state of the vessel concerned.
2. NEAFC inspectors shall record their sightings in a surveillance report using a form established in accordance with Article 50(2).

## 20 Inspection procedure

1. NEAFC inspectors shall not board any fishing vessel without prior notice being transmitted by radio to that vessel or without that vessel being given the appropriate signal using the International Code of Signals, including the identity of the inspection platform; however, it shall not be necessary for such notice to be acknowledged as received.
2. NEAFC inspectors shall have the authority to examine all relevant areas, decks and rooms of the fishing vessels, catch (whether processed or not), nets or other gear, equipment, and any relevant documents which they deem necessary to verify compliance with the conservation and management measures adopted by NEAFC and to question the master or a person designated by the master.
3. The fishing vessel to be boarded shall not be required to stop or manoeuvre when fishing, shooting or hauling. The NEAFC inspectors may order that the hauling of the fishing gear be interrupted or delayed until they have boarded the fishing vessel but may not do so in any event more than 30 minutes after the fishing vessel has received the signal referred to in paragraph 1.
4. Masters of inspection platforms shall ensure that they manoeuvre at a safe distance from the fishing vessels in accordance with good seamanship.
5. NEAFC inspectors may instruct a fishing vessel to delay its entry into or exit from the Regulatory Area for up to 6 hours from the time of transmission by the fishing vessel of the reports referred to in Article 9(1)(a) and (c).
6. The duration of an inspection shall not exceed 4 hours, or the time it takes to haul in the net and to inspect the net and the catch, whichever is longer. Where an infringement is detected the NEAFC inspectors may stay on board for the time necessary for the completion of the measures provided for in Article 29(1)(b).
7. In special circumstances relating to the size of a fishing vessel and the quantities of fish retained on board, the duration of the inspection may exceed the limits laid down in paragraph 6. In such a situation, NEAFC inspectors shall under no circumstances stay on board the fishing vessel longer than the time required to complete the inspection. The reasons for exceeding the limit laid down in paragraph 6 shall be recorded in the inspection report referred to in paragraph 9.
8. No more than two NEAFC inspectors assigned by a fisheries administration must board a fishing vessel of another Contracting Party. In carrying out their inspection, the NEAFC inspectors may request the master to provide any assistance which is required. NEAFC inspectors shall not interfere with the master’s ability to communicate with the authorities of the flag state during the boarding and inspection.
9. Each inspection shall be documented by the completion of an inspection report in the format established in accordance with Article 50(2). The master may add his comments to the inspection report which shall be signed by the NEAFC inspectors at the end of the inspection. A copy of the inspection report shall be given to the master of the fishing vessel. A copy of each inspection report shall be transmitted without delay to the flag state of the inspected vessel and to ... the NEAFC Secretary. The original or a certified copy of each inspection report shall be forwarded on request to the flag state of the inspected vessel.

## 21 Obligations of the master of the vessel during the inspection procedure

The master of a fishing vessel shall:
(a) facilitate prompt and safe boarding and disembarkation pursuant to specifications adopted in accordance with Article 50(2);
(b) cooperate with and assist in the inspection of the fishing vessel conducted pursuant to this Regulation, not obstruct, intimidate or interfere with the NEAFC inspectors in the performance of their duties and ensure their safety;
(c) allow the NEAFC inspectors to communicate with the authorities of the flag state and the inspecting state;
(d) provide access to any areas, decks and rooms of the fishing vessel, catch (whether processed or not), nets or other gear, equipment, and to any relevant information or documents which the NEAFC inspectors deem necessary in accordance with Article 20(2);
(e) provide copies of documents as required by the NEAFC inspectors; and
(f) provide NEAFC inspectors with reasonable facilities, including, where appropriate, food and accommodation when they remain on board the vessel in accordance with Article 32(3).

## Chapter IV: PORT STATE CONTROL OF FISH CAUGHT BY VESSELS FLYING THE FLAG OF ANOTHER CONTRACTING PARTY

## 22 Scope

Without prejudice to Regulation (EC) No 1224/2009 and Council Regulation (EC) No 1005/2008, the provisions set out in this Chapter shall apply to the use of ports of the United Kingdom by fishing vessels carrying on board fishery resources, caught in the Convention Area by fishing vessels flying the flag of another Contracting Party, that have not been previously landed or transhipped at a port.

## 23 Designated ports

(1.) A fisheries administration must designate and notify the NEAFC Secretary of ports where the landing or transhipment of fishery resources, caught in the Convention Area by fishing vessels flying the flag of a Contracting Party other than the United Kingdom, or the provision of port services to such vessels, are permitted. A fisheries administration must notify the NEAFC Secretary of any changes to the list of ports designated, at least 15 days before the change comes into force.
(2.) A fisheries administration must allow landings and transhipments of fish caught in the Convention Area by fishing vessels flying the flag of a Contracting Party other than the United Kingdom, as well as the provision of port services to such vessels, only in designated ports.

## 24 Prior notification of entry into port

1. In accordance with Article 6 of Regulation (EC) No 1005/2008, when the master of a fishing vessel carrying fish referred to in Article 22 of this Regulation intends to call into a port, the master of the vessel, or his representative, shall notify the competent authorities of a fisheries administration of the port he wishes to use no later than 3 working days before the estimated time of arrival.
However, a fisheries administration may make provision for another notification period, taking into account, in particular, the type of processing of the fish caught or the distance between the fishing grounds and its ports. In such a case, a fisheries administration must inform the NEAFC Secretary thereof without delay.
2. The prior notification referred to in paragraph 1 may be cancelled by the sender by notifying the competent authorities of the port that the master wished to use no later than 24 hours before the notified estimated time of arrival in that port.
However, a fisheries administration may make provision for another notification period for cancellation. In such a case, a fisheries administration must inform the NEAFC Secretary thereof without delay.
3. The competent authorities of a fisheries administration must shall forward without delay a copy of the notifications referred to in paragraphs 1 and 2 to the flag state of the fishing vessel and to the flag state or states of the donor vessels when the fishing vessel has engaged in transhipment operations. A copy of the notification referred to in paragraph 2 shall also be forwarded without delay to the NEAFC Secretary.
4. The format and the specifications of the notifications shall be determined in accordance with Article 50(2).
...

## 25 Authorisation to land or tranship and of other use of port

1. In response to a notification transmitted pursuant to Article 24, the flag state of the fishing vessel intending to land or tranship or, where the fishing vessel has engaged in transhipment operations outside United Kingdom waters, the flag state or states of the donor vessels, shall, by completing the prior notification referred to in Article 24, confirm that:
(a) the fishing vessel which declared having caught the fish had sufficient quota for the species declared;
(b) the quantities of fish on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable;
(c) the fishing vessel which declared having caught the fish had authorisation to fish in the areas declared;
(d) the presence of the fishing vessel in the area of catch declared has been verified according to VMS data.
2. Landing or transhipment operations may only start after authorisation has been given by the competent authorities of the port ... by duly completing the prior notification referred to in Article 24. Such authorisation shall only be given if the confirmation from the flag state referred to in paragraph 1 has been received.
3. By way of derogation from paragraph 2, the competent authorities of a fisheries administration may authorise all or part of a landing in the absence of the confirmation referred to in paragraph 1, but in such cases they shall keep the fish concerned in storage under their control. The fish shall only be released to be sold, taken over or transported once the confirmation referred to in paragraph 1 has been received. If the confirmation has not been received within 14 days of the landing the competent authorities of a fisheries administration may confiscate and dispose of the fish in accordance with applicable laws.
3a. Landing, transhipment and other use of port shall not be authorised if a fisheries administration receives clear evidence that the catch on board was taken in contravention of applicable requirements of a Contracting Party in respect of areas under its national jurisdiction.
4. The competent authorities of a fisheries administration shall without delay notify their decision on whether or not to authorise the landing, transhipment and other use of port to the master of the vessel or his representative and to the flag state of the vessel by completing as appropriate the prior notification referred to in Article 24 and shall inform the NEAFC Secretary thereof.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 26 Port inspections

1. A fisheries administration must carry out inspections of at least 5 % of landings or transhipments of fresh fish and at least 7,5 % of frozen fish in its ports during each reporting year, on the basis of risk management that takes into consideration the general guidelines outlined in Annex II.
1a. Inspections shall be conducted in a fair, transparent and non-discriminatory manner and shall not constitute harassment of any vessel.
2. Inspectors shall examine all relevant areas of the vessel in order to verify compliance with the relevant conservation and management measures. Inspections shall be conducted in accordance with the procedures laid down in Annex III.
2a. A fisheries administration must make all possible efforts to facilitate communication with the master or senior crew members of the vessel, including, where possible and where needed by ensuring that the inspector is accompanied by an interpreter.
3. ... Inspectors shall make all possible efforts to avoid delaying a vessel unduly and to ensure that the vessel suffers the minimum interference and inconvenience and that degradation of the quality of the fish is avoided.
3a. ... Inspectors shall not interfere with the master’s ability to communicate with the authorities of the flag state.
4. A fisheries administration may invite inspectors of other Contracting Parties to accompany its own inspectors and observe the inspection.

## 27 Inspection reports

1. Each inspection shall be documented by the completion of an inspection report using the form established in accordance with Article 50(2).
2. The master may add his comments to the inspection report, which shall be signed by the inspector and the master at the end of the inspection. A copy of the inspection report shall be given to the master of the fishing vessel.
3. A copy of each inspection report shall be transmitted without delay to the flag state of the inspected fishing vessel, to the flag state or states of the donor vessels where the vessel has engaged in transhipment operations... and to the NEAFC Secretary. The original or a certified copy of each inspection report shall be forwarded on request to the flag state of the inspected vessel.

## Chapter V: INFRINGEMENTS

## 28 Scope

Without prejudice to Regulation (EC) No 1224/2009 and to Regulation (EC) No 1005/2008 the provisions set out in this Chapter shall apply to United Kingdom fishing vessels and to fishing vessels flying the flag of another Contracting Party used or intended for use for fishing activities carried out in respect of fishery resources in the Regulatory Area.

## 29 Infringement procedures

1. Where inspectors find that there are clear grounds for believing that a fishing vessel has engaged in any activity contrary to the conservation and management measures adopted by NEAFC they shall:
(a) record the infringement in the report referred to in Articles 19(2), 20(9) or 27;
(b) take all necessary measures to ensure security and continuity of the evidence. An identification mark may be affixed securely to any part of the fishing gear which appears to the inspector to be or to have been in contravention of applicable measures;
(c) attempt immediately to communicate with an inspector or designated authority of the flag state of the inspected fishing vessel;
(d) transmit the inspection report promptly to a fisheries administration.
2. A fisheries administration must communicate in writing the details of the infringement to the designated authority of the flag state of the inspected vessel ... and, whenever possible, shall do so during the first working day following the start of the inspection.
Where appropriate, the Member State carrying out the inspection shall also communicate the findings of that inspection to the Contracting Party in whose waters the infringement took place and the state of which the vessel’s master is a national.
3. A fisheries administration must send without delay the original of the surveillance or inspection report with any supporting documents to the competent authorities of the flag state of the inspected fishing vessel as well as a copy to ... the NEAFC Secretary.

## 30 Follow-up in the case of infringement

1. Where a fisheries administration is notified by a Contracting Party of an infringement committed by a United Kingdom fishing vessel in its fleet, that administration must promptly obtain and consider the evidence of the infringement and conduct any further investigation necessary for the follow-up to the infringement, and where possible, inspect the fishing vessel concerned.
2. A fisheries administration must designate a competent authority which is to receive evidence of infringements, and a fisheries administration must inform the NEAFC Secretary of the address of that authority and of any change in that information.

## 31 Serious infringements

For the purpose of this Regulation, the following infringements shall be considered to be serious:
(a) fishing without a valid authorisation issued by the flag state;
(b) fishing without quota or after its exhaustion;
(c) use of prohibited fishing gear;
(d) serious misrecording of catches;
(e) repeated failure to comply with Articles 9 or 11;
(f) landing or transhipping in a port not designated in accordance with Article 23;
(g) failure to comply with Article 24;
(h) landing or transhipment without authorisation of the port state as referred to in Article 25;
(i) preventing an inspector from carrying out his duties;
(j) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited;
(k) falsifying or concealing the markings, identity or registration of a fishing vessel;
(l) concealing, tampering with or disposing of evidence relating to an investigation;
(m) multiple violations which together constitute a serious disregard of conservation and management measures;
(n) engaging in transhipment or joint fishing operations with vessels of a non-Contracting Party which has not been accorded the status of a cooperating non-Contracting Party by NEAFC;
(o) supplying any provisions, fuel or other services to vessels that have been placed on the list referred to in Article 44.

## 32 Follow-up in the case of serious infringements

1. If an inspector considers that there are clear grounds for believing that a fishing vessel has committed a serious infringement under Article 31, that inspector shall promptly notify that infringement to ... the competent authorities of the flag state of the inspected fishing vessel and the flag state or states of the donor vessels where the inspected vessel has engaged in transhipment operations, in accordance with Article 29(3), and shall also transmit a copy to the NEAFC Secretary.
2. In order to preserve the evidence, the inspector shall take all necessary measures to ensure the security and continuity thereof whilst minimising inconvenience to the vessel and interference with its operation.
3. The inspector shall be entitled to remain on board the fishing vessel for the period necessary to provide information on the infringement to the duly authorised inspector referred to in Article 33, or until receiving a reply from the flag state requesting him to leave the fishing vessel.

## 33 Follow-up in the case of serious infringements by a United Kingdom fishing vessel

1. A fisheries administration must respond to the notification referred to in Article 32(1) without delay and shall ensure that the fishing vessel concerned is inspected within 72 hours by an inspector duly authorised in relation to the infringement. The duly authorised inspector shall board the fishing vessel concerned and examine the evidence of the suspected infringement established by the inspector, and forward the results of the examination as quickly as possible to the competent authority of the fisheries administration.
2. Following notification of the results of the examination referred to in paragraph 1, a fisheries administration must, if the evidence so warrants, require the fishing vessel to proceed immediately, and in any case within 24 hours, to a port designated by a fisheries administration, for a thorough inspection ....
3. A fisheries administration may authorise the inspecting state to bring without delay the fishing vessel to a port designated by a fisheries administration.
4. If the fishing vessel is not called to port, a fisheries administration must provide due justification in a timely manner to the inspecting state and must forward such justification to the NEAFC Secretary.
5. Where a fishing vessel is required to proceed to port for a thorough inspection pursuant to paragraphs 2 or 3, a NEAFC inspector from another Contracting Party may, subject to the consent of a fisheries administration, board and remain on board the fishing vessel as it proceeds to port, and may be present during the inspection of the fishing vessel in port.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 34 Reporting and follow-up of infringements

1. By 1 March each year, a fisheries administration must report to the NEAFC Secretary on the status of the proceedings concerning infringements of the conservation and management measures adopted by NEAFC which were committed during the previous calendar year. The infringements must continue to be listed in each subsequent report until the proceedings are concluded.
2. The report referred to in paragraph 1 shall indicate the current status of the proceedings and in particular whether the case is pending, under appeal or still under investigation. The report shall describe in specific terms any sanctions imposed, stating in particular the level of fines, the value of forfeited fish and/or gear and any written warnings given and, if no action has been taken, it shall state the reasons thereof.

## 35 Treatment of inspection reports

A fisheries administration must collaborate with other Contracting Parties in order to facilitate judicial or other proceedings arising from a report submitted by an inspector under the Scheme, subject to the rules governing the admissibility of evidence in domestic judicial or other systems.

## 36 Reports on surveillance and inspection activities

1. A fisheries administration must report to the NEAFC Secretary by 1 March each year for the previous calendar year:
(a) the number of inspections it has carried out under Articles 19, 20 and 26, specifying the number of inspections on the vessels of each Contracting Party and, where an infringement has been committed, the date and position of the inspection of the individual vessel concerned and the nature of the infringement;
(b) the number of hours flown and the number of days at sea on NEAFC patrols, the number of sightings of both Contracting Party vessels and non-Contracting Party vessels, and the list of individual vessels for which a surveillance report has been completed.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## Chapter VI: MEASURES TO PROMOTE COMPLIANCE BY NON-CONTRACTING PARTY FISHING VESSELS

## 37 Scope

1. This Chapter shall apply to non-Contracting Parties’ fishing vessels used or intended for use for fishing activities carried out in respect of fishery resources in the Convention Area.
2. This Chapter shall be without prejudice to Regulation (EC) No 1224/2009 and to Regulation (EC) No 1005/2008.

## 38 Sightings and identifications of non-Contracting Party vessels

1. A fisheries administration must transmit without delay to the NEAFC Secretary any information regarding non-Contracting Party vessels sighted or otherwise identified as engaging in fishing activities in the Convention Area. ...
2. If a fisheries administration sights a non-Contracting Party vessel it must attempt to inform that vessel without delay that it has been sighted or otherwise identified as engaging in fishing activities in the Convention Area and is consequently presumed, unless its flag state has been accorded the status of cooperating non-Contracting Party by NEAFC, to be undermining the NEAFC conservation and management measures.
3. In the case of a non-Contracting Party vessel sighted or otherwise identified as engaging in transhipment activities, the presumption of undermining the NEAFC conservation and management measures shall apply to any other non-Contracting Party vessel that has been identified as having engaged in such activities with that vessel.

## 39 Inspections at sea

1. NEAFC inspectors shall request permission to board and inspect non-Contracting Party vessels sighted or otherwise identified by a Contracting Party as engaging in fishing activities in the Convention Area. If the master consents to the boarding and inspection of the vessel, the inspection shall be documented by the completion of an inspection report, as referred to Article 20(9).
2. NEAFC inspectors shall without delay transmit a copy of the inspection report to ... the NEAFC Secretary and to the master of the non-Contracting Party vessel. Where the evidence in that report so warrants, a fisheries administration may take such action as may be appropriate in accordance with international law. ...
3. If the master does not consent to the boarding and inspection of his vessel or does not fulfil any one of the obligations laid down in Article 21(a) to (d), the vessel shall be presumed to have engaged in illegal, unreported and unregulated fishing activities (IUU activities). The NEAFC Inspector shall inform without delay ... the NEAFC Secretary thereof.

## 40 Entry into port

1. If, in accordance with Article 24, the master of a non-Contracting Party fishing vessel notifies a fisheries administration of intention to call into a port designated by a fisheries administration in accordance with Article 23, a fisheries administration must forward this information without delay to the flag state of the vessel and to the NEAFC Secretary.
2. A fisheries administration must prohibit the entry into United Kingdom ports of vessels that have not given the required prior notification of entry into port as referred to in Article 24.
3. The decision to prohibit the entry into the port shall be notified without delay by a fisheries administration to the master of the vessel or his representative, and communicated to the flag State of the vessel and to ... the NEAFC Secretary.

## 41 Inspections in port

1. A fisheries administration must ensure that all non-Contracting Party vessels entering one of its ports are inspected in accordance with the provisions of Article 26(2) and Article 26(3). The vessel shall not be allowed to land or tranship any fish until this inspection has been completed. Each inspection shall be documented by the completion of an inspection report as provided for in Article 27. Where the master of the vessel has failed to fulfil any one of the obligations laid down in Article 21(a) to (d), the vessel shall be presumed to have engaged in IUU activities.
2. Information on the results of all inspections of non-Contracting Party vessels conducted in the ports of the United Kingdom, and concerning subsequent action, shall immediately be transmitted to ... the NEAFC Secretary.

## 42 Landings, transhipments and other use of port

1. Landings, transhipments and/or other use of port by non-Contracting Party vessels may only start after authorisation has been given by the competent authorities of a fisheries administration.
2. When a non-Contracting Party vessel has entered port, a fisheries administration must deny that vessel landing, transhipping, processing and packaging of fisheries resources and other port services, including, inter alia, refuelling and resupplying, maintenance and dry-docking, if:
(a) the vessel has been inspected pursuant to Article 41, and the inspection reveals that the vessel has species on board which are subject to recommendations established under the Convention, unless the master of the vessel provides satisfactory evidence to the competent authorities proving that the fish were caught outside the Regulatory Area or in compliance with all relevant recommendations established under the Convention; or
(b) the flag State of the vessel, or the flag State or States of donor vessels where the vessel has engaged in transhipment operations, does not provide the confirmation referred to in Article 25; or
(c) the master of the vessel has failed to fulfil any one of the obligations laid down in Article 21(a) to (d); or
(d) a fisheries administration has received clear evidence that the fisheries resources on board were taken in the waters under the jurisdiction of a Contracting Party in contravention of applicable regulations; or
(e) a fisheries administration has sufficient proof that the vessel has otherwise been engaged in IUU fishing activities in the Convention Area or has supported such fishing activities.
3. In the case of denial under paragraph 2, a non-Contracting Party vessel shall be prohibited from transhipping in the waters under the jurisdiction of the a fisheries administration.
4. In the case of denial under paragraph 2, a fisheries administration must communicate its decision to the master of the vessel or to his representative and ... to the NEAFC Secretary.
5. A fisheries administration must withdraw its denial of the use of their ports in respect of a vessel only if there is sufficient proof that the grounds on which use was denied were inadequate or erroneous or that such grounds no longer exist.
6. Where a fisheries administration has withdrawn its denial pursuant to paragraph 5, it shall promptly notify those to whom a communication was made pursuant to paragraph 4. ...

## 43 Reports on non-Contracting Parties activities

1. A fisheries administration must report to the NEAFC Secretary by 1 March each year for the previous calendar year:
(a) the number of inspections of non-Contracting Party vessels that it conducted under this Scheme at sea or in its ports, the names of the vessels inspected and their respective flag states, the dates of the inspections and the names of any ports where the inspections were conducted, and the results of such inspections; and
(b) where fish are landed or transhipped following an inspection pursuant to this Scheme, the evidence provided pursuant to Article 42.
2. In addition to surveillance reports and information on inspections, a fisheries administration may at any time submit to the NEAFC Secretary any further information which might be relevant for the identification of non-Contracting Party vessels that might be carrying out IUU activities in the Convention Area.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 44 Vessels engaged in IUU activities

1. A fisheries administration must ensure that vessels appearing in the provisional list of vessels engaged in IUU activities established by NEAFC (‘A’ list) are:
(a) inspected in accordance with the provisions of Article 41 when they enter their ports;
(b) not authorised to land or tranship in their ports or to tranship in the waters under their jurisdiction;
(c) not given assistance by fishing vessels, support vessels, refuel vessels, the mother-ship and cargo vessels flying their flag or permitted to participate in any transhipment or joint fishing operation with such vessels;
(d) not supplied with provisions, fuel or other services.
2. The provisions laid down in paragraph 1(b) and (d) shall not be applied to any vessel appearing on the ‘A’ list where a recommendation has been made to NEAFC that the vessel in question should be removed from the ‘A’ list.

## Chapter VII: FINAL PROVISIONS

## 45 Confidentiality

1. A fisheries administration must ensure confidential treatment of electronic reports and messages transmitted to and received from the NEAFC Secretary pursuant to Articles 11, 12 and 19(1).
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 46 Delegation of powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 47 Exercise of the delegation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 48 Revocation of the delegation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 49 Objections to delegated acts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 50 Implementation

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period referred to in Article 4(3) of Decision 1999/468/EC shall be set at 3 months.

## 51 Procedure for amendments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 52 Repeal

Regulation (EC) No 2791/1999 is hereby repealed.

## 53 Entry into force

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## Signature

...

## Annex I 

REGULATED RESOURCES
A)Pelagic and oceanic species
Stock (common name)
FAO code
Scientific Name
ICES subareas and divisions
Redfish
REB
Sebastes mentella
I, II, V, XII, XIV
Norwegian Spring Spawning Herring (Atlanto Scandian)
HER
Clupea harengus
I, II
Blue whiting
WHB
Micromesistius poutassou
IIa, IVa, Vb, VI, VII, XII, XIV
Mackerel
MAC
Scomber scombrus
IIa, IV, V, VI, VII, XII
Haddock
HAD
Melanogrammus aeglefinus
VIb
B)Deep-Sea Species
Stock (common name)
FAO code
Scientific Name
ICES subareas
Baird’s smoothhead
ALC
Alepocehalus bairdii
I to XIV
Risso’s smoothhead
PHO
Alepocephalus rostratus
I to XIV
Blue antimora (Blue hake)
ANT
Antimora rostrata
I to XIV
Black scabbardfish
BSF
Aphanopus carbo
I to XIV
Iceland catshark
API
Apristurus spp.
I to XIV
Greater silver smelt
ARG
Argentina silus
I to XIV
Alfonsinos
ALF
Beryx spp.
I to XIV
Tusk
USK
Brosme brosme
I to XIV
Gulper shark
GUP
Centrophorus granulosus
I to XIV
Leafscale gulper shark
GUQ
Centrophorus squamosus
I to XIV
Black dogfish
CFB
Centroscyllium fabricii
I to XIV
Portuguese dogfish
CYO
Centroscymnus coelolepis
I to XIV
Longnose velvet dogfish
CYP
Centroscymnus crepidater
I to XIV
Deep-water red crab
KEF
Chaceon (Geryon) affinis
I to XIV
Rabbit fish (Rattail)
CMO
Chimaera monstrosa
I to XIV
Frilled shark
HXC
Chlamydoselachus anguineus
I to XIV
Conger eel
COE
Conger conger
I to XIV
Roundnose grenadier
RNG
Coryphaenoides rupestris
I to XIV
Kitefin shark
SCK
Dalatias licha
I to XIV
Birdbeak dogfish
DCA
Deania calceus
I to XIV
Black (Deep-water) cardinal fish
EPI
Epigonus telescopus
I to XIV
Greater lanternshark
SHL
Etmopterus princeps
I to XIV
Velvet belly
SHL
Etmopterus spinax
I to XIV
Blackmouth dogfish
SHO
Galeus melastomus
I to XIV
Mouse catshark
GAM
Galeus murinus
I to XIV
Bluemouth (Blue mouth redfish)
BRF
Helicolenus dactylopterus
I to XIV
Bluntnose six-gilled shark
SBL
Hexanchus griseus
I to XIV
Orange roughy
ORY
Hoplostethus atlanticus
I to XIV
Silver roughy (Pink)
HPR
Hoplostethus mediterraneus
I to XIV
Large-eyed rabbit fish (Ratfish)
CYH
Hydrolagus mirabilis
I to XIV
Silver scabbard fish (Cutlass fish)
SFS
Lepidopus caudatus
I to XIV
Eelpout
ELP
Lycodes esmarkii
I to XIV
Roughhead grenadier (Rough rattail)
RHG
Macrourus berglax
I to XIV
Blue ling
BLI
Molva dypterygia
I to XIV
Ling
LIN
Molva molva
I to XIV
Common mora
RIB
Mora moro
I to XIV
Sailfin roughshark (Sharpback shark)
OXN
Oxynotus paradoxus
I to XIV
Red (blackspot) seabream
SBR
Pagellus bogaraveo
I to XIV
Forkbeards
GFB
Phycis spp.
I to XIV
Wreckfish
WRF
Polyprion americanus
I to XIV
Round skate
RJY
Raja fyllae
I to XIV
Arctic skate
RJG
Raja hyperborea
I to XIV
Norwegian skate
JAD
Raja nidarosiensis
I to XIV
Greenland halibut
GHL
Rheinhardtius hippoglossoides
I to XIV
Straightnose rabbitfish
RCT
Rhinochimaera atlantica
I to XIV
Knifetooth dogfish
SYR
Scymnodon ringens
I to XIV
Small redfish (Norway haddock)
SFV
Sebastes viviparus
I to XIV
Greenland shark
GSK
Somniosus microcephalus
I to XIV
Spiny (Deep-sea) Scorpionfish
TJX
Trachyscorpia cristulata
I to XIV

## 

. . . . . . . . . . . . . . . . . . . . . . .

## Annex II GENERAL GUIDELINES FOR RISK MANAGEMENT IN RELATION TO ... CONTROL

Risk management means the systematic identification of risks and the implementation of all measures necessary for limiting the occurrence of those risks. This includes activities such as collecting data and information, analysing and assessing risks, preparing and taking action and regular monitoring and review of the process and its outcomes.
On the basis of its risk assessment, a fisheries administration defines its risk-management strategy to facilitate compliance with this Regulation. That strategy should encompass the identification, description and allocation of appropriate cost-effective control instruments and inspection means, in relation to the nature and the estimated level of each risk, and the achievement of target benchmarks.
Risk-assessment and management criteria are laid down for checking, inspection and verification activities in order to allow timely risk analyses and general assessments of relevant control and inspection information.
Individual fishing vessels, groups of fishing vessels, operators, and/or fishing activity, on different species and in different parts of the Convention Area are subject to control and inspections in accordance with the level of risk attributed, using, inter alia , the following general assumptions of risk-level criteria in relation to the ... control of landings and transhipments in port:
(a)catches taken by a non-Contracting Party vessel;
(b)frozen catches;
(c)catches of a large volume;
(d)catches previously transhipped at sea;
(e)catches taken outside the waters under the jurisdiction of Contracting Parties, i.e. in the Regulatory Area;
(f)catches taken both inside and outside the Convention Area;
(g)catches of high value species;
(h)catches of fishery resources for which there are particularly limited fishing opportunities;
(i)number of inspections previously carried out and number of detected infringements for a vessel and/or operator.

## Annex III ... INSPECTION PROCEDURES

... Inspectors shall:
(a)verify that the vessel identification documentation on board and information relating to the owner of the vessel is true, complete and correct, including through appropriate contacts with the flag state or international records of vessels if necessary;
(b)verify that the vessel’s flag and markings (e.g. name, external registration number, International Maritime Organisation (IMO) ship identification number, international radio call sign and other markings, main dimensions) are consistent with information contained in the documentation;
(c)verify that the authorisations for fishing and fishing-related activities are true, complete, correct and consistent with the information provided in accordance with Article 24;
(d)review all other relevant documentation and records held on board, including those in electronic format and vessel monitoring system (VMS) data from the flag state or relevant regional fisheries management organisations. Relevant documentation may include logbooks, catch, transhipment and trade documents, crew lists, stowage plans and drawings, descriptions of fish holds, and documents required pursuant to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);
(e)examine all relevant fishing gear on board, including any gear stowed out of sight as well as related devices, and verify that they are in conformity with the conditions of the authorisations. The fishing gear shall also be checked to ensure that features such as the mesh and twine size, devices and attachments, dimensions and configuration of nets, pots, dredges, hook sizes and numbers are in conformity with applicable regulations and that the markings correspond to those authorised for the vessel;
(f)determine whether the fish on board were harvested in accordance with the applicable authorisations;
(g)monitor the entire discharge or transhipment and cross-check between the quantities by species recorded in the prior notice of landing and the quantities by species landed or transhipped;
(h)examine the fish, including by sampling, to determine their quantity and composition. In doing so, inspectors may open containers where the fish have been pre-packed and move the catch or containers to ascertain the integrity of fish holds. Such examination may include inspections of product type and determination of nominal weight;
(i)when the landing or transhipment is completed, verify and note the quantities by species of fish remaining on board;
(j)evaluate whether there is clear evidence for believing that a vessel has engaged in IUU fishing or fishing-related activities in support of such fishing;
(k)provide the master of the vessel with the report containing the result of the inspection, including possible measures that could be taken, to be signed by the inspector and the master. The master’s signature on the report shall serve only as acknowledgment of the receipt of a copy of the report. The master shall be given the opportunity to add any comments or objection to the report, and, as appropriate, to contact the relevant authorities of the flag state, in particular where the master has serious difficulties in understanding the content of the report. A copy of the report shall be provided to the master; and
(l)arrange, where necessary and possible, for the translation of relevant documentation.

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Source: https://www.legislation.gov.uk/eur/2010/1236 (the official version)
Page: https://openlegislation.uk/eu-regulation-2010-1236
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.