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Commission Implementing Regulation (EU) No 433/2012 of 23 May 2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries

EU Regulation No 433/2012 · Adopted 23 May 2012 · Extends to United Kingdom

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Commission Implementing Regulation (EU) No 433/2012

of 23 May 2012

laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999f1, and in particular Articles 4(5), 5(2), 8(4), 9(4) and 10(3), Article 11, Articles 12(2) and 16(2), Article 18(3) and (4), Article 19, and Articles 20(9), 24(4), 27(1) and 45(2) thereof,

Whereas:

(1)

Regulation (EU) No 1236/2010 lays down certain specific control measures to monitor fishing activities of the Union in the Area covered by the North-East Atlantic Fisheries Commission (NEAFC) and supplements control measures provided for in Council Regulation (EC) No 1224/2009 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 1966/2006f2. Detailed rules should be laid down for the application of Regulation (EU) No 1236/2010. The Annexes to several Recommendations 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 adopted by NEAFC set out the format for communicating data and models for certain inspection tools and should be transposed in Union law.

(2)

Since Regulation (EU) No 1236/2010 lays down a new scheme of control and enforcement, Commission Regulation (EC) No 1085/2000 of 15 May 2000 laying down detailed rules for the application of control measures applicable in the area covered by the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheriesf3 should be repealed and replaced by this Regulation.

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 348, 31.12.2010, p. 17.

f2

OJ L 343, 22.12.2009, p. 1.

f3

OJ L 128, 29.5.2000, p. 1.

Contents

  1. Chapter I: GENERAL PROVISIONS
  2. 1Definitions
  3. 2Contact points
  4. Chapter II: MONITORING MEASURES
  5. 3Participation of the United Kingdom
  6. 4Recording of catches
  7. 5Reporting of catches of regulated resources and position
  8. 6Global reporting of catches
  9. Chapter III: INSPECTIONS
  10. 7Designated body Repealed
  11. 8Identification of inspectors and of inspection means
  12. 9Inspection activities Repealed
  13. 10Surveillance procedure
  14. 11Inspection reports
  15. Chapter IV: PORT STATE CONTROL
  16. 12Prior notification of entry into port
  17. 13Article 13
  18. 14Port inspection reports
  19. Chapter V: INFRINGEMENTS Repealed
  20. 15Designated body Repealed
  21. Chapter VI: DATA
  22. Data communication
  23. 16Communication to the NEAFC Secretary
  24. Data security and confidentiality
  25. 17Common provisions on data security and confidentiality
  26. 18Data from inspections
  27. 19Data processing systems
  28. Chapter VII: FINAL PROVISIONS
  29. 20Repeal
  30. 21Entry into force Repealed
  31. Signature
  32. Annex I: RECORDING OF CATCH
  33. ALogbook recordings
  34. BProduction logbook recordings
  35. Stowage Plan
  36. 1Division 1
  37. 2Division 2
  38. 3Division 3
  39. Annex IIAnnex II
  40. Annex IIIAnnex III
  41. Annex IV: INSPECTION IDENTIFICATION
  42. AIdentification of inspectors
  43. NEAFC Inspection signal
  44. 1Two pennants, one directly above the other, are to be flown during daylight and in conditions of normal visibility.
  45. 2Division 2
  46. Annex VAnnex V
  47. Annex VI: SURVEILLANCE AND SIGHTING REPORTS
  48. ANEAFC sighting report
  49. BNEAFC surveillance report
  50. APATROL
  51. BOBSERVATIONS
  52. Annex VII
  53. NEAFC REPORT ON INSPECTIONS
  54. A.IDENTIFICATION OF INSPECTED VESSEL
  55. B.VERIFICATION
  56. B.3Recording of fishing effort and catches
  57. C.EVALUATION
  58. Part D.: COOPERATION
  59. Division
  60. E.INFRINGEMENTS AND OBSERVATIONS
  61. Observations by the inspectors
  62. Division
  63. Observations by the Master
  64. Division
  65. Part F.: DECLARATION BY NEAFC INSPECTORS
  66. Division
  67. Annex VIIIPORT STATE CONTROL FORMS
  68. Annex IXAnnex IX
  69. Annex X: DATA EXCHANGE FORMAT AND DATA COMMUNICATION SYSTEMS
  70. Data exchange format
  71. 1Division 1
  72. 2Each data transmission shall be structured as follows:
  73. BData communication systems
  74. C.1Format for electronic exchange of fisheries monitoring, inspection and surveillance information
  75. C.2Field codes used in Annexes, but not used in the electronic exchange of data between the NEAFC Secretary and the Contracting Parties
  76. C.3Field codes described in C.1 or C.2 listed alphabetically
  77. D. 1Structure of reports and messages as laid down in Annex III when forwarded ... to the NEAFC Secretary
  78. Annex XIAnnex XI
  79. Annex XIICONFIDENTIAL TREATMENT OF ELECTRONIC DATA Repealed