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Commission Delegated Regulation (EU) 2020/124 of 15 October 2019 supplementing Regulation (EU) 2019/833 of the European Parliament and of the Council laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation

EU Regulation 2020/124 · Adopted 15 October 2019 · Extends to United Kingdom

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Commission Delegated Regulation (EU) 2020/124

of 15 October 2019

supplementing Regulation (EU) 2019/833 of the European Parliament and of the Council laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2019/833 of the European Parliament and of the Council of 20 May 2019 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation, amending Regulation (EU) 2016/1627 and repealing Council Regulations (EC) No 2115/2005 and (EC) No 1386/2007f1, and in particular Article 50(1)thereof,

Whereas:

(1)

The Union is party to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (‘the NAFO Convention’), approved by Council Regulation (EEC) No 3179/78f2.

(2)

An amendment to the NAFO Convention was adopted on 28 September 2007 and approved by Council Decision 2010/717/EUf3.

(3)

The Northwest Atlantic Fisheries Organisation (NAFO) adopts decisions for the conservation of fisheries resources under its purview. Those acts are addressed to the Contracting Parties of the NAFO Convention and include obligations for the operators. Upon their entry into force, the NAFO conservation and enforcement measures are binding on all NAFO Contracting Parties, including the Union. They are to be incorporated in Union law to the extent to which they are not already provided for by that law.

(4)

The European Parliament and the Council adopted Regulation (EU) 2019/833 in order to incorporate the NAFO conservation and enforcement measures in Union law.

(5)

Article 50 of Regulation (EU) 2019/833 requires the Commission to adopt delegated acts supplementing that Regulation with certain provisions of and Annexes to the NAFO conservation and enforcement measures,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 141, 28.5.2019, p. 1.

f2

OJ L 378, 30.12.1978, p. 1.

f3

OJ L 321, 7.12.2010, p. 1.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Annex
  5. 1TABLE 4 OF THE NAFO CONSERVATION AND ENFORCEMENT MEASURES (‘CEM’), AS REFERRED TO IN ARTICLE 3(17) AND ARTICLE 17 OF REGULATION (EU) 2019/833
  6. 2FIGURE 2 OF THE CEM, AS REFERRED TO IN ARTICLE 3(17) AND ARTICLE 17 OF REGULATION (EU) 2019/833
  7. 3PART VI OF ANNEX I.E TO THE CEM AS REFERRED TO IN POINT 21 OF ARTICLE 3, IN ARTICLE 21(2) AND IN POINT (I) OF POINT (A) OF ARTICLE 27(11) OF REGULATION (EU) 2019/833
  8. 4PART VII OF ANNEX I.E TO THE CEM, AS REFERRED TO IN ARTICLE 3(29) OF REGULATION (EU) 2019/833
  9. 5FORMAT PRESCRIBED IN ANNEX II.C TO THE CEM REFERRED TO IN POINT (A) OF ARTICLE 4(2) OF REGULATION (EU) 2019/833
  10. (1)Format for register of vessels
  11. (2)Format for withdrawal of vessels from the register
  12. (3)Format for authorisation to conduct fishing activities
  13. (4)Format to suspend the authorisation to conduct fishing activities
  14. 6TABLE 1 AND FIGURE 1(1) OF THE CEM, AS REFERRED TO IN ARTICLE 9(1) OF REGULATION (EU) 2019/833
  15. 7TABLE 2 AND FIGURE 1(2) OF THE CEM, AS REFERRED TO IN ARTICLE 9(4) OF REGULATION (EU) 2019/833
  16. 8TABLE 3 AND FIGURE 1(3) OF THE CEM, AS REFERRED TO IN ARTICLE 9(5) OF REGULATION (EU) 2019/833
  17. 9FORMAT PRESCRIBED IN ANNEX IV.C OF THE CEM, AS REFERRED TO IN ARTICLE 10(1)(E), ARTICLE 27(3)(C) AND ARTICLE 39(16) OF REGULATION (EU) 2019/833
  18. ANNEX III.A TO THE CEM, AS REFERRED TO IN ARTICLE 13(1) OF REGULATION (EU) 2019/833
  19. Mesh Measurements and Gauges
  20. (1)Description of mesh gauges
  21. (2)Use of the mesh gauge
  22. (3)Selection of meshes for measuring
  23. (4)Sizes of individual meshes
  24. (5)Determination of the mesh size of a net
  25. (6)Mesh gauging procedure
  26. 11ANNEX I.C TO THE CEM REFERRED TO IN POINT (D) OF ARTICLE 13(2), IN POINT (B) OF ARTICLE 24(1) AND IN THE SECOND SUBPARAGRAPH OF ARTICLE 25(6) OF REGULATION (EU) 2019/833
  27. 12ANNEX III.B TO THE CEM REFERRED TO IN ARTICLE 14(2) AND (3) OF REGULATION (EU) 2019/833
  28. (1)ICNAF-type topside chafer
  29. (2)Multiple flap-type topside chafer
  30. (3)Shrimp Trawl – Codend Strengthening Bag, for vessels directing for shrimp in the NRA
  31. 13ANNEX I.D TO THE CEM, AS REFERRED TO IN ARTICLE 16(1) AND (2) OF REGULATION (EU) 2019/833
  32. 14FIGURE 3 OF THE CEM, AS REFERRED TO IN ARTICLE 18(1) OF REGULATION (EU) 2019/833
  33. 15TABLE 5 OF THE CEM, AS REFERRED TO IN ARTICLE 18(1) OF REGULATION (EU) 2019/833
  34. 16FIGURE 4 OF THE CEM, AS REFERRED TO IN ARTICLE 18(2) OF REGULATION (EU) 2019/833
  35. 17TABLE 6 OF THE CEM, AS REFERRED TO IN ARTICLE 18(2) OF REGULATION (EU) 2019/833
  36. 18FIGURE 5 OF THE CEM, AS REFERRED TO IN ARTICLE 18(3) AND (4) OF REGULATION (EU) 2019/833
  37. 19TABLE 7 OF THE CEM, AS REFERRED TO IN ARTICLE 18(3) AND (4) OF REGULATION (EU) 2019/833
  38. EXPLORATORY PROTOCOL IN ANNEX I.E TO THE CEM, AS REFERRED TO IN ARTICLE 19(1) OF REGULATION (EU) 2019/833
  39. Templates for the Conduct of Exploratory Bottom FiExploratory Protocol for New Fishing Areas
  40. 21NOTICE OF INTENT TO UNDERTAKE EXPLORATORY BOTTOM FISHING IN ANNEX I.E TO THE CEM, AS REFERRED TO IN POINT ARTICLE 19(2)(A) OF REGULATION (EU) 2019/833
  41. EXPLORATORY BOTTOM FISHING TRIP REPORT IN ANNEX I.E OF THE CEM, AS REFERRED TO IN ARTICLE 19(2)(B) OF REGULATION (EU) 2019/833
  42. Exploratory Fishing Trip Report
  43. Advanced notice of intent to undertake exploratory fishing
  44. ELEMENTS FOR ASSESSMENT OF PROPOSED EXPLORATORY BOTTOM FISHING ACTIVITIES IN ANNEX I.E TO THE CEM, AS REFERRED TO IN ARTICLE 20(2)(B) OF REGULATION (EU) 2019/833
  45. Assessment of Bottom Fishing Activities
  46. 24EXPLORATORY FISHERY DATA COLLECTION FORM IN ANNEX I.E TO THE CEM, AS REFERRED TO IN ARTICLE 21(4)(A) OF REGULATION (EU) 2019/833
  47. 25FORMAT PRESCRIBED FOR LIST OF VESSELS IN ANNEX II.C1 TO THE CEM, AS REFERRED TO IN ARTICLE 22(1)(A) OF REGULATION (EU) 2019/833
  48. 26FORMAT PRESCRIBED FOR DELETION FROM THE LIST OF VESSELS IN ANNEX II.C2 TO THE CEM, AS REFERRED TO IN ARTICLE 22(1)(B) OF REGULATION (EU) 2019/833
  49. 27FORMAT SPECIFIED FOR INDIVIDUAL AUTHORIZATION FOR EACH VESSEL IN ANNEX II.C3 TO THE CEM, AS REFERRED TO IN ARTICLE 22(5)(A) OF REGULATION (EU) 2019/833
  50. 28FORMAT PRESCRIBED FOR SUSPENSION OF THE AUTHORISATION IN ANNEX II.C4 TO THE CEM, AS REFERRED TO IN ARTICLE 22(5)(B) OF REGULATION (EU) 2019/833
  51. 29LIST OF PRODUCT FORM PRESENTATION CODES IN ANNEX II.K TO THE CEM, AS REFERRED TO IN ARTICLE 24(1)(E) OF REGULATION (EU) 2019/833
  52. MODEL FOR FISHING LOGBOOK IN ANNEX II.A TO THE CEM, AS REFERRED TO IN ARTICLE 25(2) OF REGULATION (EU) 2019/833
  53. Recording of Catch (Logbook Entries)
  54. FISHING LOGBOOK ENTRIES
  55. 31FORMAT FOR CATCH REPORT IN ANNEX II.D TO THE CEM REFERRED TO IN ARTICLE 25(6) AND (8) AND IN POINT (B) OF ARTICLE 26(9) OF REGULATION (EU) 2019/833
  56. AData transmission format
  57. BData exchange protocols
  58. CFormat for electronic exchange of fisheries monitoring information
  59. D. 1)Structure of reports and messages as laid down in Annex II.E and Annex II.F when forwarded by Contracting Parties to the Secretary.
  60. ETypes of reports and messages
  61. 32FORMAT FOR CANCELLATION OF CATCH REPORT IN ANNEX II.F TO THE CEM REFERRED TO IN ARTICLE 25(6) AND (7) OF REGULATION (EU) 2019/833
  62. 33ANNEX II.N TO THE CEM, AS REFERRED TO IN ARTICLE 25(9)(B) OF REGULATION (EU) 2019/833
  63. FORMAT FOR DATA EXCHANGE IN ANNEX II.E TO THE CEM, AS REFERRED TO IN ARTICLE 26(9)(B) OF REGULATION (EU) 2019/833
  64. VMS Data Format
  65. ‘Entry’, ‘Position’ and ‘Exit’ messages
  66. ‘Manual’ Position Report
  67. 35OBSERVER REPORT IN ANNEX II.M TO THE CEM REFERRED TO IN POINT (A) OF ARTICLE 27(11) REGULATION (EU) 2019/833
  68. Part 1. A – Fishing Vessel – Fishing Trip and ObseDivision Part 1. A – Fishing Vessel – Fishing Trip and Obse
  69. Part 1.B – Fishing Gear InformationDivision Part 1.B – Fishing Gear Information
  70. Part 2. Catch and effort information by tow/set/Division Part 2. Catch and effort information by tow/set/
  71. Part 3. Compliance InformationDivision Part 3. Compliance Information
  73. 4AEffort Summary
  74. 4BCatch Summary
  75. Part 5. Catch of Greenland Shark Information by HaDivision Part 5. Catch of Greenland Shark Information by Ha
  76. Part 6. Length Frequency FormDivision Part 6. Length Frequency Form
  77. 36REPORT IN ANNEX II.G TO THE CEM TRANSMITTED DAILY BY THE OBSERVER AS REFERRED TO IN POINT (C) OF ARTICLE 27(11) OF REGULATION (EU) 2019/833
  78. RULES ON CONFIDENTIALITY IN ANNEX II.B TO THE CEM, AS REFERRED TO IN ARTICLE 28(10) AND ARTICLE 43 OF REGULATION (EU) 2019/833
  79. Rules on Confidentiality
  80. PROVISIONS ON SECURE AND CONFIDENTIAL TREATMENT OF ELECTRONIC REPORTS AND MESSAGES TRANSMITTED IN ACCORDANCE WITH ARTICLES 28-29 OF THE CONSERVATION AND ENFORCEMENT MEASURES
  81. (1)Field of application
  82. (2)General Provisions
  83. (3)Provisions on Confidentiality
  84. Provisions on security
  85. (a)Overview
  86. (b)System Access Control
  87. (c)Authenticity and Data Access Security
  88. (d)Communication Security
  89. (e)Data Security
  90. (f)Security Procedures
  91. SURVEILLANCE REPORT FORM IN ANNEX IV.A TO THE CEM, AS REFERRED TO IN ARTICLE 30(1)(A) AND ARTICLE 45(A) OF REGULATION (EU) 2019/833
  92. Surveillance Report Form
  93. 1OFFICIAL
  94. 2CONTEXT OF SIGHTING
  95. 3VESSEL SIGHTED
  96. 4DETAILS OF IMAGES RECORDED (must be provided consistent with the CEM)
  97. 5DETAILS OF OBSERVATIONS
  98. 39IMAGE OF PENNANT IN ANNEX IV.E TO THE CEM, AS REFERRED TO IN ARTICLE 31(B) OF REGULATION (EU) 2019/833
  99. RULES ON PROVISION OF BOARDING LADDER IN ANNEX IV.G TO THE CEM, AS REFERRED TO IN ARTICLE 32(C) OF REGULATION (EU) 2019/833
  100. Construction and Use of Boarding Ladders
  101. 41INSPECTION REPORT IN ANNEX IV.B TO THE CEM REFERRED TO IN ARTICLE 33(1), POINT (A) OF ARTICLE 34(2) AND POINT (D) OF ARTICLE 45 OF REGULATION (EU) 2019/833
  102. (1)INSPECTION VESSEL
  103. (2)INSPECTORS (Note if Trainee)
  104. (3)INFORMATION ON VESSEL INSPECTED
  105. (4)DATE OF LAST SEA INSPECTION
  106. (5)DATE AND TIME OF CURRENT INSPECTION
  107. (6)VERIFICATION
  108. (7)RECORDING OF FISHING EFFORT AND CATCHES
  109. (8)OBSERVER INFORMATION
  110. (9)MESH MEASUREMENT – IN MILLIMETERS
  111. (10)SUMMARY OF CATCHES FROM LOGBOOKS FOR THE CURRENT FISHING TRIP
  112. RESULT OF INSPECTION OF FISH
  113. 11.1Catches Observed IN THE LAST TOW (if appropriate)
  114. 11.2Catches ON BOARD
  115. RESULT OF INSPECTION OF FISH ON BOARD
  116. 12.1Difference from Logbooks
  117. 12.2Infringements
  118. (13)COMMENTS AND OBSERVATIONS (additional pages can be added as necessary)
  119. SIGNATURE OF INSPECTOR IN CHARGE
  120. NAME AND SIGNATURE OF SECOND INSPECTOR OR WITNESS
  121. NAME AND SIGNATURE OF MASTER’S WITNESS(ES)
  122. (17)DATES AND TIMES OF INSPECTION CONCLUSION AND OF DEPARTURE
  123. (18)ACKNOWLEDGEMENT AND RECEIPT OF REPORT BY THE MASTER (additional pages can be added as necessary)
  124. 42NAFO INSPECTION SEAL IN THE ANNEX IV.F TO THE CEM, AS REFERRED TO IN ARTICLE 34(1)(D) OF REGULATION (EU) 2019/833
  125. PORT STATE CONTROL PRIOR REQUEST FORM IN ANNEX II.L TO THE CEM, AS REFERRED TO IN ARTICLE 39(8), ARTICLE 39(13)(A)(III), ARTICLE 40(2) AND ARTICLE 41(1) AND (2) OF REGULATION (EU) 2019/833
  126. Port State Control Prior Request Forms
  127. A-PSC-1
  128. B-PSC-2
  129. ANNEX IV.H TO THE CEM ON INSPECTIONS, AS REFERRED TO IN ARTICLE 39(11) OF REGULATION (EU) 2019/833
  130. Principles for Inspections