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

CHAPTER I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a) ‘position message’ means the report on the position of a vessel automatically transmitted by the satellite-tracking device of the vessel to the Fisheries Monitoring Centre of the flag Member State;

(b) ‘position report’ means the report made by the master of a vessel as provided for in Article 25 of Commission Implementing Regulation (EU) No 404/2011 (¹);

(c) ‘CFR number’ means the Community Fleet Register identification number of the vessel as referred to in Article 10 of Commission Regulation (EC) No 26/2004 (²).

Article 2

Contact points

CHAPTER II

MONITORING MEASURES

Article 3

Participation of the Union

Where applicable, the list shall refer to the CFR number allocated to each vessel.

Article 4

Recording of catches

Article 5

Reporting of catches of regulated resources and position

Member States shall use the format and the specifications for the transmissions to the NEAFC Secretary under Articles 9 and 11 of Regulation (EU) No 1236/2010 as set out in Annex III.

Article 6

Global reporting of catches

Member States shall transmit the data under Article 10, paragraphs 1 and 2 of Regulation (EU) No 1236/2010 in XML format.

CHAPTER III

INSPECTIONS

Article 7

Designated body

The Agency is designated to:

(a) coordinate the surveillance and inspection activities referred to in Article 17(1) of Regulation (EU) No 1236/2010;

(b) receive, send and forward the notifications referred to in Articles 18(2), 19(1) and 20(9) of Regulation (EU) No 1236/2010;

(c) keep the record referred to in Article 18(4) of Regulation (EU) No 1236/2010.

Article 8

Identification of inspectors and of inspection means

Article 9

Inspection activities

Member States shall send to the Agency the information related to the date and hour of the start and termination of the activities of inspection vessels and aircraft referred to in Article 18(4) of Regulation (EU) No 1236/2010 in accordance with the form set out in Annex V.

Article 10

Surveillance procedure

Article 11

Inspection reports

The inspection reports referred to in Article 20(9) of Regulation (EU) No 1236/2010 shall be drawn up in accordance with the format set out in Annex VII.

CHAPTER IV

PORT STATE CONTROL

Article 12

Prior notification of entry into port

The prior notification referred to in Article 24 of Regulation (EU) No 1236/2010 shall be made by means of the Port State Control (PSC) form provided for in Annex VIII with Part A duly completed as follows:

(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.

Article 13

Article 14

Port inspection reports

The inspection reports referred to in Article 27 of Regulation (EU) No 1236/2010 shall be drawn up in accordance with the form set out in Annex IX and transmitted to the NEAFC Secretary with a copy to the Commission.

CHAPTER V

INFRINGEMENTS

Article 15

Designated body

The Agency is designated to receive, send and forward the information referred to in Articles 29, 30, 32, 33, 34, 36 and 43 of Regulation (EU) No 1236/2010.

CHAPTER VI

DATA

SECTION 1

Data communication

Article 16

Communication to the NEAFC Secretary

Member States shall complete, by 1 November 2020, all necessary technical preparations enabling the utilisation of the following data exchange formats and data communication systems for transmission of reports and information to the NEAFC Secretary:

(a) To exchange fishing logbook data, prior notification data, transhipment declaration data, and landing declaration data, the format shall be the Fishing Activity Domain XML Schema Definition based on the UN/FLUX P1000-3 standard. The data exchange shall comply with the FLUX Fishing Activities Implementation Document adopted by NEAFC.

(b) To report vessel monitoring system data, the format shall be the Vessel Position Domain XML Schema Definition based on the UN/FLUX P1000-7 standard. The data exchange shall comply with the FLUX Vessel Position Implementation Document adopted by NEAFC.

SECTION 2

Data security and confidentiality

Article 17

Common provisions on data security and confidentiality

Article 18

Data from inspections

Article 19

Data processing systems

CHAPTER VII

FINAL PROVISIONS

Article 20

Repeal

Regulation (EC) No 1085/2000 is repealed.

Article 21

Entry into force

This Regulation shall enter into force on the seventh day following that of 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

RECORDING OF CATCH

A. Logbook recordings

Data Element	Field code	Mandatory/Optional	Remarks
Information on entry into the Regulatory Area
Date	DA	M	Activity detail; date of entry into the Regulatory Area
Time of entry	TI	M	Activity detail; time of entry into the Regulatory Area
Location			Activity detail; position of entry in R.A.
Latitude	LA	M	position at the time of entry
Longitude	LO	M	position at the time of entry
Quantity on board	OB		Activity detail; quantity on board by species
Species name (1)		M	FAO species code for species listed in Annex II
Quantity (1)		M	Live weight in kilogrammes
Catches per haul or fishing operation
Fishing location			Activity detail; position
Latitude	LA	M (2)	Position when the fishing operation starts
Longitude	LO	M (2)	Position when the fishing operation starts
Time	TI	M (2)	Activity detail; time when the fishing operation starts
Catch	CA		Activity detail; catch retained on board per fishing operation by species
Species (1)		M (2)	FAO species code for species listed in Annex II
Quantity (1)		M (2)	Live weight in kilogrammes
Fishing depth	FD	M (3)	Distance from water surface to the lowest part of the fishing gear (in metres).
Daily information
Total number of hauls/fishing operations during the day	FO	M (4)	Activity detail; number of fishing operations per 24 hours period
Catch discarded	RJ		Activity detail; quantity caught and discarded by species
Species		M	FAO species code
Quantity		M	Live weight in kilogrammes
Cumulative Catch	CC		Activity detail; the estimated cumulative catch since the entry into the Regulatory Area by species.
Species (1)		M	FAO species code for species listed in Annex II
Quantity (1)		M	Live weight in kilogrammes
Information on transhipments
Date	DA	M	Activity detail; date(s) of transhipments
Transhipments	KG		Activity detail; quantities by species on-loaded and off-loaded in the R.A.
Species (1)		M	FAO species code for species listed in Annex II
Quantity (1)		M	Live weight in kilogrammes
Transhipped to	TT	M	Vessel registration detail; Radio call sign of receiving vessel
Transhipped from	TF	M	Vessel registration detail; Radio call sign of donor vessel
Information on report transmissions
Date	DA	M	Message detail; date of transmission of a report
Time	TI	M	Message detail; time of transmission of a report (UTC)
Transmission used	TU	M (4)	Message detail; name of radio station through which the report is transmitted
Type of report	TM	M	Message detail;
Information on exit from the Regulatory Area
Time	TI	M	Activity detail; time of exit (UTC)
Date	DA	M	Activity detail; date of exit
Position			Activity detail; position of exit from the R.A.
Latitude	LA	M	position at the time of exit
Longitude	LO	M	position at the time of exit
Cumulative Catch on board	OB		Activity detail; cumulative catches retained on board by species
Species (1)		M	FAO species code for species listed in Annex II
Quantity (1)		M	Live weight in kilogrammes
Masters name and signature	MA	M
(1) Each species where catches exceed 50 kg shall be recorded (2) Each Member State shall ensure that its fishing vessels shall record this information on a daily basis, or per haul or fishing operation, or both (3) Mandatory where required by specific management measures (4) Only mandatory if radio station is used.

B. Production logbook recordings

Data Element	Field code	Mandatory/Optional	Remarks
1. Vessel identity (1)
Radio call sign	RC	M	Vessel registration detail; international radio call sign
Vessel name	NA	O	Vessel registration detail; name of the vessel
Contracting Party Internal reference number	IR	O	Vessel registration detail; unique Contracting Party vessel number as flag state 3-alpha country code followed by number
Vessel external registration number	XR	O	Vessel registration detail; the side number of the vessel or IMO number in the absence of a side number
2. Information on production
Date	DA	M	Activity detail; date of production
Quantity produced	QP		Activity detail; quantity produced by species per day
Species name		M	FAO species code
Quantity		M	Total product weight in kilogrammes
Product form		M	Product form code (Part E of Annex XI)
Quantity		M	Product weight in kilogrammes Product form code and weight of the product: use as many pairs as needed to cover all products
Cumulative production of the period	AP		Activity detail; total quantity produced since the entry into the Regulatory Area by species
Species name		M	FAO species code
Quantity		M	Total product weight in kilogrammes
Product form		M	Product form code (Part E of Annex XI)
Quantity		M	Product weight of the product in kilogrammes Product form code and weight of the product: use as many pairs as needed to cover all products
3. Information on packing
Species name	SN	O	Activity detail; FAO species code
Product code	PR	O	Activity detail; product code Part E of Annex XI
Type of packing	TY	O	Activity detail; type of packing Part F of Annex XI
Unit weight	NE	O	Activity detail; net product weight in kilogrammes
Number of units	NU	O	Activity detail; number of units packed
4. Masters name and address	MA	M
(1) One element of vessel identity in addition to Radio Call sign is mandatory

C. Stowage Plan

1.Processed catches must be stowed and marked in such a way that the same species and product categories and quantities can be identified when stowed in different parts in the hold.

2.A stowage plan must show the location of the products in the holds as well as the quantities of the products on board stated in kg.

3.The stowage plan shall be updated every day for the preceding day reckoned from 0000 hrs (UTC) until 2400 hrs (UTC).

ANNEX II