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

12.5.2015	EN	Official Journal of the European Union	L 119/3

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 ¹, 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.

• (2) Detailed rules for the application of Regulation (EU) No 1236/2010 were adopted through Commission Implementing Regulation (EU) No 433/2012 ³.

• (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 ⁴, 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:

Article 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.

1. 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.

Article 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.

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.

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PORT STATE CONTROL FORM — PSC 1

PART A: To be completed by the Master of the Vessel. Please use black ink (1)

Name of Vessel:

IMO Number (2):

Radio Call Sign:

Flag State:

E-mail Address:

Telephone Number:

Fax Number:

Inmarsat Number:

Vessel master’s name:

Vessel master’s nationality:

Vessel owner:

Certificate of Registry ID:

Vessel dimension:

Length (m):

Beam (m):

Draft (m):

Port State:

Port of Landing or Transhipment:

Last port of call:

Date:

Estimated Time of Arrival:

Date:

Time UTC:

Total catch on board — all areas

Catch to be landed (3)

Species (4)

Product (5)

Type of process-ing (6)

Area of catch

Conversion factor

Product weight (kg)

Product weight (kg)

NEAFC CA

(ICES subareas and divisions)

NAFO RA

(Sub Division)

Other areas

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PART B: For official use only — to be completed by the Flag State

The Flag State of the vessel must respond to the following questions by marking in the box ‘Yes’ or ‘No’

NEAFC CA

NAFO RA

Yes

No

Yes

No

Flag State confirmation: I confirm that the above information is complete, true and correct to the best of my knowledge and belief.

Name and Title:

Date:

Signature:

Official Stamp:

PART C: For official use only — to be completed by the Port State

Name of Port State:

Authorisation:

Yes:

No:

Date:

Signature:

Official Stamp:

(1) Black ink is required when faxing forms

(2) Fishing vessels not assigned an IMO number shall provide their external registration number

(3) If necessary an additional form or forms shall be used

(4) FAO Species Codes — Annex V

(5) Product presentations — Appendix 1 to Annex IV

(6) Type of processing — NEAFC Appendix 1c) to Annex IV

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PORT STATE CONTROL FORM — PSC 2

PART A: To be completed by the Master of the Vessel. A separate form shall be completed for each donor vessel. Please use black ink (1)

Name of Vessel:

IMO Number (2):

Radio Call Sign:

Flag State:

E-mail Address:

Telephone Number:

Fax Number:

Inmarsat Number:

Vessel master’s name:

Vessel master’s nationality:

Vessel owner:

Certificate of Registry ID:

Vessel dimension:

Length (m):

Beam (m):

Draft (m):

Port State:

Port of Landing or Transhipment:

Last port of call:

Date:

Date and location of transhipment:

Transhipment authorisation if relevant:

Estimated Time of Arrival:

Date:

Time UTC:

Catch Information for Donor Vessels: A separate form shall be completed for each Donor Vessel

Name of Vessel

IMO Number (2)

Radio Call Sign

Flag State

Total catch on board — all areas

Catch to be landed (3)

Species (4)

Product (5)

Type of process-ing (6)

Area of catch

Conversion factor

Product weight (kg)

Product weight (kg)

NEAFC CA

(ICES subareas and divisions)

NAFO RA

(Sub Division)

Other areas

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PART B: For official use only — to be completed by the Flag State

The Flag State of the vessel must respond to the following questions by marking in the box ‘Yes’ or ‘No’

NEAFC CA

NAFO RA

Yes

No

Yes

No

Flag State confirmation: I confirm that the above information is complete, true and correct to the best of my knowledge and belief.

Name and Title:

Date:

Signature:

Official Stamp:

PART C: For official use only — to be completed by the Port State

Name of Port State:

Authorisation:

Yes:

No:

Date:

Signature:

Official Stamp:

(1) Black ink is required when faxing forms.

(2) Fishing vessels not assigned an IMO number shall provide their external registration number.

(3) If necessary an additional form or forms shall be used.

(4) FAO Species Codes — Annex V.

(5) Product presentations — Appendix 1 to Annex IV.

(6) Type of processing — NEAFC Appendix 1c) to Annex IV.

’

ANNEX 2

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

‘ANNEX IX

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INSPECTION REPORT FORM

Report on Port State Control inspection (PSC 3)

Inspection report number:

A. INSPECTION REFERENCE

Landing

Yes

No

Transhipment

Yes

No

Other reason for port entry

Port State

Port of landing or transhipment

Vessel name

Flag State

IMO Number (1)

International Radio call sign

Landing/transhipment started

Date

Time

Landing/transhipment ended

Date

Time

Vessel Type

Certificate of Registry ID

Port of Registry

VMS

Vessel master’s name

Vessel master’s nationality

Fishing master’s name

Fishing master’s nationality

Vessel’s owner/operator

Vessel’s beneficial owner (2)

Vessel’s agent

Last port of call:

Date:

B. INSPECTION DETAILS

Name of donor vessel (3)

IMO Number (1)

Radio call sign

Flag State

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B 1. Catch recorded in the logbook

Species (4)

Area of catch

Declared live weight kg

Conversion factor used

B 2. Fish landed or transhipped (3)

Spe-cies (4)

Type of process-ing (5)

Pro-duct (6)

Area of catch

Product weight landed in kg

Con-version factor

Equivalent live weight kg

Diff (kg) between live weight declared in the logbook and the live weight landed

Diff (%) between live weight declared in the logbook and the live weight landed

Diff (kg) between Product weight landed and PSC 1/2

Diff (%) between Product weight landed and PSC 1/2

RELEVANT TRANSHIPMENT AUTHORISATION:

B 3. Information about landings authorised without confirmation from the flag State ref: NEAFC art. 23.2/NAFO art. 45.6

Name of storage:

Name of competent authorities:

Deadline for receiving confirmation:

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B 4. Fish retained on board

Species (4)

Type of process-ing (5)

Pro-duct (6)

Area of catch

Product weight in kg

Conversion factor

Live weight kg

Diff. (kg) between product weight on board and PSC 1/2

Diff. (%) between product weight on board and PSC 1/2

C. RESULTS OF INSPECTION

C1. General

Inspection started

Date

Time

Inspection ended

Date

Time

Status in other RFMO areas where fishing or fishing-related activities have been undertaken, including any IUU vessel listing

RFMO

Vessel identifier

Flag State status

Vessel on authorised list

Vessel on IUU list

Observations

C2. Gear inspection in port (in accordance with Annex XVIII (e))

A. General data

Number of gear inspected

Date gear inspection

Has the vessel been cited?

Yes

No

If yes, complete the full ‘verification of inspection in port’ form.

If no, complete the form with the exception of the seal details

B. Otter Trawl details

Seal number

Is seal undamaged?

Yes

No

Gear type

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Attachments:

Grate Bar Spacing (mm):

Mesh type:

Average mesh sizes (mm):

Trawl part:

Wings:

Body:

Lengthening Piece:

Codend:

D. OBSERVATIONS BY THE MASTER

I, the undersigned, Master of the vessel hereby confirm that a copy of this report have been delivered to me on this date. My signature does not constitute acceptance of any part of the contents of this report, except my own observations, if any.

Signature: Date:

E. INFRINGEMENTS AND FOLLOW-UP

E1. NAFO

E1.A. Sea Inspection

Infringements resulting from Inspections inside NAFO R.A.

Inspection Party

Date of insp.

Division

NAFO CEM infringement legal reference

E1.B. Port Inspection results

(a) Confirmation of Infringements found at sea inspection

NAFO CEM infringement legal reference

National Infringement legal reference

(b) Infringements found at sea inspection and not possible to be confirmed during the Port Inspection.

Comments:

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(c) Additional infringements found during the Port Inspection

NAFO CEM infringement legal reference

National Infringement legal reference

E2. NEAFC infringement noted

Article

NEAFC provision(s) violated and summary of pertinent facts

Inspector’s observations:

Action taken:

Inspecting authority/agency

Inspector’s Name

Inspector’s signature

Date and place

F. DISTRIBUTION

Copy to flag State

Copy to NEAFC Secretary

Copy to NAFO Executive Secretary

(1) Fishing vessels not assigned an IMO number shall provide their external registration number.

(2) If known and if different from vessel’s owner.

(3) In cases where a vessel has engaged in transhipment operations, a separate form shall be used for each donor vessel.

(4) FAO Species Codes — NEAFC Annex V — NAFO Annex II.

(5) Type of processing — NEAFC Appendix 1c) to Annex IV.

(6) Product presentations — NEAFC Appendix 1 to Annex IV — NAFO Annex XX (C).

’

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 Numbers	Error Numbers	Error cause
Subject/Annex	Rejected (NAK) Follow-up action required	Accepted and Stored (ACK) Follow-up action required	Accepted and Stored (ACK) with warning	Error cause
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	Data Elements	Data Elements	Data Elements	Data Elements	Data Elements	Data Elements	Data Elements	Data Elements	Data Elements	Data Elements	Data Elements	Data Elements	Data Elements	Data Elements	Data Elements	Data Elements	Data Elements	Data Elements	Data Elements	Data Elements	Data Elements	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.’