Regulation (EC) No 217/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic (recast) (Text with EEA relevance)

Article 1

Each Member State shall submit to the Commission data on the catches by vessels registered in, or flying the flag of, that Member State fishing in the north-west Atlantic, with due regard to Council Regulation (Euratom, EEC) No 1588/90 of 11 June 1990 on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (⁶).

The nominal catch data shall include all fishery products landed or transhipped at sea in no matter what form but shall exclude quantities which, subsequent to capture, are discarded at sea, consumed on board or used as bait on board. Aquaculture production shall be excluded. The data shall be recorded as the live weight equivalent of the landings or transhipments, to the nearest tonne.

Article 2

The data to be submitted shall be of two types:

(a) the annual nominal catches, expressed in tonnes live weight equivalent of the landings, of each of the species listed in Annex I in each of the statistical fishing regions of the north-west Atlantic listed in Annex II and defined in Annex III;

(b) the catches as specified under point (a) and the corresponding fishing activity, subdivided by calendar month of capture, fishing gear, vessel size and main species sought.

The data referred to in point (a) of paragraph 1 shall be submitted by 31 May of the year following the reference year and may be preliminary data. The data referred to in point (b) of paragraph 1 shall be submitted by 31 August of the year following the reference year and shall be definitive data.

The data referred to in point (a) of paragraph 1 and submitted as preliminary data should be clearly identified as such.

No submissions shall be required for species/fishing region combinations for which no catches were recorded in the reference period of the submission.

Should the Member State concerned not have fished in the north-west Atlantic in the preceding calendar year, it shall inform the Commission thereof by 31 May of the following year.

Those delegated acts shall be adopted only where they are necessary in order to take account of economic and technical developments, they do not change the optional nature of the required information and they do not impose a significant additional burden on Member States or on the respondents.

The Commission shall duly justify the statistical actions provided for in those delegated acts, using, where appropriate, input from relevant experts based on a cost-effectiveness analysis, including an assessment of the burden on the respondents and of the production costs, as referred to in point (c) of Article 14(3) of Regulation (EC) No 223/2009 of the European Parliament and of the Council (⁷).

Article 3

Except where provisions adopted under the common fisheries policy dictate otherwise, a Member State shall be permitted to use sampling techniques to derive catch data for those parts of the fishing fleet for which the complete coverage of the data would involve the excessive application of administrative procedures. The details of the sampling procedures, together with details of the proportion of the total data derived by such techniques, must be included by the Member State in the report submitted pursuant to Article 7(1).

Article 4

Member States shall fulfil their obligations to the Commission pursuant to Articles 1 and 2 by submitting the data in the format shown in Annex V.

Member States may submit data in the format detailed in Annex VI.

With the prior approval of the Commission, Member States may submit data in a different form or on a different medium.

Article 5

Within 24 hours of receipt of the reports, whenever possible, the Commission shall transmit the information contained therein to the Executive Secretary of NAFO.

Article 6

Article 7

Article 8

Article 9

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

Member States must report the nominal catches of those species marked with an asterisk (*). The reporting of nominal catches of the remaining species is optional as concerns the identification of the individual species. However, where data for individual species are not submitted the data shall be included in aggregate categories. Member States may submit data for species not in the list provided that the species are clearly identified.

ANNEX II

Sub-area 0

Sub-area 1

Sub-area 2

Sub-area 3

Sub-area 4

Sub-area 5

Sub-area 6

Statistical fishing areas for the north-west Atlantic

ANNEX III