# Commission Implementing Regulation (EU) 2015/746 of 11 May 2015 amending Implementing Regulation (EU) No 433/2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries

EU Regulation 2015/746 · adopted 11 May 2015

Commission Implementing Regulation (EU) 2015/746 of 11 May 2015 amending Implementing Regulation (EU) No 433/2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries

## Introductory text

Commission Implementing Regulation (EU) 2015/746
of 11 May 2015
amending Implementing Regulation (EU) No 433/2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999, and in particular Articles 12(2), 24(4), 27(1) and 45(2) thereof,
Whereas:
(1)
Regulation (EU) No 1236/2010 lays down certain specific control measures to monitor fishing activities of the Union in the Area covered by the North-East Atlantic Fisheries Commission (NEAFC) and supplements control measures provided for in Council Regulation (EC) No 1224/2009.
(2)
Detailed rules for the application of Regulation (EU) No 1236/2010 were adopted through Commission Implementing Regulation (EU) No 433/2012.
(3)
At its Annual Meeting in November 2013, NEAFC adopted Recommendation 9:2014 amending Article 22 and Annexes XV and XVI of the Scheme on port State control and inspection report forms. At the same Annual Meeting, NEAFC adopted Recommendations 12:2014, 13:2014 and 14:2014 amending Annex IX of the Scheme on data exchange formats and protocols, and Recommendation 16:2014 amending Appendix 1 to Annex IX of the Scheme on confidential treatment of electronic data. At its Annual Meeting in November 2014, NEAFC adopted Recommendation 16:2015 amending Appendix 2 to Annex II of the Scheme on codes for main gear types. At the same meeting it adopted Recommendation 12:2015 amending Recommendation 9:2014 with respect to Articles 22 and 23 and Annexes XV and XVI of the Scheme on port state control forms.
(4)
In accordance with Articles 12 and 15 of the Convention on future multilateral cooperation in the North-East Atlantic fisheries approved by Council Decision 81/608/EEC, Recommendations 12:2014, 13:2014, 14:2014 and 16:2014 came into force on 7 February 2014 and Recommendation 16:2015 came into force on 6 February 2015.
(5)
Pursuant to its provisions, Recommendation 9:2014 as amended by Recommendation 12:2015 will enter into force on 1 July 2015.
(6)
It is necessary to transpose those Recommendations into Union law. Implementing Regulation (EU) No 433/2012 should therefore be amended accordingly.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS REGULATION:

## 1 

Implementing Regulation (EU) No 433/2012 is amended as follows:
(1) in Article 12, points (a) and (b) are replaced by the following:
(a) ‘the form PSC 1 shall be used where the vessel is carrying its own catches;
(b) the form PSC 2 shall be used where the vessel is engaged in transhipment operations, providing the information separately for catches from each donor vessel.’;
(2) Article 13 is replaced by the following:
‘Article 13 1. When completing the prior notification in accordance with Article 25(1) of Regulation (EU) No 1236/2010, the flag Member State shall complete Part B of the PSC form provided for in Annex VIII.
2. When completing the prior notification in accordance with Article 25(2) and (4) of Regulation (EU) No 1236/2010, the port Member State shall complete Part C of the PSC form provided for in Annex VIII.’;
(3) In Article 16 the first sentence is replaced by the following:
‘The data exchange formats and data communication systems referred to in Article 12(2) of Regulation (EU) No 1236/2010 to be used for transmission of reports and information to the NEAFC Secretary shall comply with the rules set out in Annex X;’
(4) Annex VIII is replaced by the text in Annex 1 to this Regulation;
(5) Annex IX is replaced by the text in Annex 2 to this Regulation;
(6) Annex X is amended as follows:
(a) the title is replaced by the following:
‘ DATA EXCHANGE FORMAT AND DATA COMMUNICATION SYSTEMS ’;
(b) Section B is replaced by the text in Annex 3 to this Regulation;
(c) in Section D.2, point (b) is replaced by the text in Annex 4 to this Regulation;
(d) in Section D.2, a new point (c) is added as set out in Annex 5 to this Regulation;
(7) Annex XI is amended as follows:
(a) Section C is replaced by the text in Annex 6 to this Regulation;
(b) a new Section G is added as set out in Annex 7 to this Regulation;
(8) Annex XII is replaced by the text in Annex 8 to this Regulation.

## 2 

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
However, Article 1(1), (2), (4), (5) and (7)(b) shall apply from 1 July 2015.

## Signature

This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 May 2015.
For the Commission
The President
Jean-Claude Juncker

## Annex 1 

Annex VIII to Implementing Regulation (EU) No 433/2012 is replaced by the following:
ANNEX VIII
PORT STATE CONTROL FORMS
Notifications and the completion of Parts A, B and C pursuant to Articles 22, 23 and 39 of the NEAFC scheme of control and enforcement shall be done through an online application established by the NEAFC Secretary on the NEAFC website. A fax-based system, using the forms set out in this Annex shall be used as a back-up system in the event that the NEAFC website is offline.

## Annex 2 

Annex IX to Implementing Regulation (EU) No 433/2012 is replaced by the following:
ANNEX IX

## Annex 3 

Section B of Annex X to Implementing Regulation (EU) No 433/2012 is replaced by the following:
‘B.
Data communication systems
Electronic data transmission of reports and messages between Member States and the Secretary shall use data communication systems duly tested.’

## Annex 4 

In Section D.2 of Annex X to Implementing Regulation (EU) No 433/2012, point (b) is replaced by the following:
‘b)
Return error numbers:
Subject/Annex
Error Numbers
Error cause
Rejected (NAK)Follow-up action required
Accepted and Stored (ACK)Follow-up action required
Accepted and Stored (ACK) with warning
Communication
101
Message is unreadable
102
Data value or size out of range
104
Mandatory data missing
105
This report is a duplicate; attempt to re-send a report previously rejected
106
Unauthorised data source
150
Sequence error
151
Date/Time in the future
155
This report is a duplicate; attempt to re-send a report previously accepted
Annex II
250
Attempt to re-Notify a vessel
251
Vessel is not Notified
252
Species not AUT, or LIM or SUS
Annex VIII
301
Catch prior to Catch on Entry
302
Transhipment prior to Catch on Entry
303
Catch on Exit prior to Catch on Entry
304
No Position received (CAT, TRA, COX)
350
Position without Catch on Entry
Annex X
401
Surveillance Exit prior to Surveillance Entry
450
Observation without Surveillance Entry
451
Inspectors or craft not notified
’

## Annex 5 

In Section D.2 of Annex X to Implementing Regulation (EU) No 433/2012, the following point (c) is added:
‘c)
Identification of duplicate messages and reports:
Message/Reports
Data Elements
TM
AD
SQ
RC
LA/LT
LO/LG
SP
CO
DA
TI
OB
CA
RA
DF
KG
TT
TF
PD
PT
CS
PO
CR
YR
Position
POS
y
y
y
y
y
y
Entry
ENT
y
y
y
y
y
y
Exit
EXI
y
y
y
y
y
y
Manual
MAN
y
y
y
y
y
y
Catch on Entry
COE
y
y
y
y
y
Catch
CAT
y
y
Y
Y
Y
Y
Y
Catch on Exit
COX
y
y
Y
Y
Y
Y
Y
Transhipment
TRA
y
y
Y
Y
Y
Y
Y
Y
Y
Port of Landing
POR
y
y
Y
Y
Y
Y
Y
Y
Y
Y
Cancel
CAN
y
y
y
y
Y
Y
For each message, if data in data-elements marked “Y” is identical, then identify message as duplicate ’

## Annex 6 

In Annex XI to Implementing Regulation (EU) No 433/2012, Section C is replaced by the following:
‘C.
Main gear types
FAO Alpha Code
Gear type
Surrounding Nets
PS
With purse lines
PS1
1 vessel purse seine
PS2
2 vessels purse seine
Seine Nets
SSC
Seine Scottish
Trawls — Bottom
OTB
Bottom otter trawl
PTB
Bottom pair trawls
TBN
Bottom trawl Nephrop
TBS
Bottom trawl shrimp
OTT
Otter twin trawl
Trawls — Midwater
OTM
Midwater otter trawl
PTM
Midwater trawls pair
Gillnets and Entangling Nets
GNS
Gillnet anchored
GND
Drift nets
GEN
Gill tangle net (Not specified)
Traps
FPO
Pot
Hooks and Lines
LHP
Hand lines
LHM
Hand line mechanical
LLS
Set line long line
LLD
Drifting long line
LL
Long line
LTL
Trolling long line
LX
Hook and lines
Harvesting Machines
HMP
Pumps
No Gear
NIL
No fishing gear to report
’

## Annex 7 

In Annex XI to Implementing Regulation (EU) No 433/2012, the following Section G is added:
‘G.
Type of Processing
Code
Type
FRZ
Frozen
FRE
Fresh
OTH
Any other processing
’

## Annex 8 

Annex XII to Implementing Regulation (EU) No 433/2012 is replaced by the following:
ANNEX XII
CONFIDENTIAL TREATMENT OF ELECTRONIC DATA
Member States shall, when transmitting and receiving electronic data, take the necessary measures to comply with the confidentiality and security provisions set out in Recommendations approved by the NEAFC Commission.

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Source: https://www.legislation.gov.uk/eur/2015/746 (the official version)
Page: https://openlegislation.uk/eu-regulation-2015-746
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.