Regulation (EU) 2017/2107 of the European Parliament and of the CouncilDangos y teitl llawn

TITLE III U.K. COMMON CONTROL MEASURES

CHAPTER I U.K. Authorisations

Article 44 U.K. ICCAT record of large-scale fishing vessels

1. Member States shall issue authorisations, in accordance with the provisions laid down in a Regulation of the European Parliament and of the Council on the sustainable management of external fishing fleets(1), to large-scale fishing vessels flying their flag to target, retain on board, tranship or land ICCAT species in the ICCAT Convention area.

2. Member States shall submit to the Commission, at the time of authorisation, the lists of large-scale fishing vessels authorised pursuant to paragraph 1. The Commission shall without delay submit that information to the ICCAT Secretariat for inclusion in the ICCAT record of large-scale fishing vessels.

3. Member States shall notify the Commission, without delay and at the latest within 30 days, of any event requiring an addition to, deletion from or modification of the ICCAT record of large-scale fishing vessels. The Commission shall, at the latest within 45 days from the date of such event, submit that information to the ICCAT Secretariat.

4. Large-scale fishing vessels not entered into the ICCAT record of large-scale fishing vessels shall not be allowed to target, retain on board, tranship or land ICCAT species from the ICCAT Convention area. Article 15(1) of Regulation (EU) No 1380/2013 shall not apply in such cases.

CHAPTER II U.K. Chartering

Article 45 U.K. Scope

This Chapter shall apply to chartering arrangements, other than bareboat chartering, between Union catching vessels and those of CPCs, where the Union catching vessels concerned do not change their flag.

Article 46 U.K. General provisions

1. Union catching vessels shall be allowed to participate in a chartering arrangement concluded with CPCs only as chartered vessels, subject to the following conditions:

(a) the chartered vessels shall have a fishing authorisation issued by the chartering CPC and shall not be on the ICCAT IUU list;

(b) the chartered vessels shall not be authorised to fish under more than one chartering arrangement at the same time;

(c) the catches of the chartered vessels shall be unloaded exclusively in the ports of the chartering CPCs, unless otherwise provided for in the chartering arrangement; and

(d) the chartering company shall be legally established in the chartering CPC.

2. Any transhipment at sea shall be duly authorised in advance by the chartering CPC and shall comply with Chapter IV of this Title.

Article 47 U.K. Notification

1. At the time the chartering arrangement is made, the flag Member State shall notify the Commission of its consent to the chartering arrangement.

2. If, within 15 calendar days of the transmission to the Commission of the notification referred to in paragraph 1, the Commission has not required further information, the chartered vessel may start the fishing activities concerned.

3. The flag Member State shall inform the Commission without delay about the termination of each charter.

4. The Commission shall forward without delay the information referred to in paragraphs 1 and 3 to the ICCAT Secretariat.

CHAPTER III U.K. Control of catches

Article 48 U.K. Compliance with quotas and minimum size requirements

1. By 20 August of each year Member States shall submit to the Commission information on the catches of ICCAT species during the previous year subject to quotas and on the compliance with minimum sizes.

2. The Commission shall forward that information to the ICCAT Secretariat by 15 September of each year.

Article 49 U.K. Catch sampling

1. Sampling of catches for the purposes of improving the knowledge on the biology of the relevant ICCAT species and of estimating the necessary parameters for their evaluation shall be carried out in accordance with Regulation (EU) 2017/1004 of the European Parliament and of the Council(2), Commission Implementing Decision (EU) 2016/1251(3) and the ‘Field manual for statistics and sampling Atlantic tunas and tuna-like fishes’ published in 1990 by ICCAT.

2. The Commission may adopt implementing acts as regards detailed requirements for the catch sampling referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 75(2).

Article 50 U.K. Catch and fishing effort notification

1. Unless otherwise established by the Commission to meet annual deadlines set by ICCAT, Member States shall transmit to the Commission, by 30 June of each year, the following data (Task I data):

(a) information on the characteristics of their fleet for the previous year;

(b) estimates of the annual nominal catch data (including by-catch and discards data) concerning ICCAT species for the previous year.

2. Unless otherwise established by the Commission to meet annual deadlines set by ICCAT, Member States shall transmit to the Commission, by 30 June of each year, the following data (Task II data) for the ICCAT species:

(a) catch and fishing effort data for the previous year, giving a detailed spatio-temporal breakdown; those data shall include estimates of discards and releases with the indication of the status of the fish (dead or alive);

(b) any data they have on catches in recreational fisheries for the previous year.

3. The Commission shall forward the information referred to in paragraphs 1 and 2 to the ICCAT Secretariat without delay.

4. The Commission may adopt implementing acts as regards detailed requirements for the Task I and II data referred to in paragraphs 1 and 2 of this Article respectively. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 75(2).

CHAPTER IV U.K. Transhipment

Article 51 U.K. Scope

1. This Chapter shall apply to the following transhipment operations:

(a) transhipment operations carried out within the ICCAT Convention area in respect of ICCAT species and other species caught in association with those species; and

(b) transhipment operations carried out outside the ICCAT Convention area in respect of ICCAT species and other species caught in association with those species, that were harvested in the ICCAT Convention area.

2. By way of derogation from point (b) of paragraph 1, this Chapter shall not apply to transhipments at sea outside the ICCAT Convention area of fish caught in the ICCAT Convention area, where such transhipment is subject to a programme for transhipment established by another tuna RFMO.

3. This Chapter shall not apply to harpoon vessels engaged in the transhipment of fresh swordfish at sea.

Article 52 U.K. Transhipment in port

1. All transhipment operations shall take place in designated ports, except those carried out by large-scale pelagic longline vessels pursuant to Articles 53 to 60.

2. Union fishing vessels shall comply with the obligations set out in Annex VII when carrying out transhipments in port.

3. This Article shall be without prejudice to Articles 17 to 22 of Regulation (EC) No 1224/2009 and Articles 4, 6, 7 and 8 of Regulation (EC) No 1005/2008.

Article 53 U.K. Transhipment at sea

Transhipment at sea by large-scale pelagic longline vessels shall take place in accordance with Articles 54 to 60.

Article 54 U.K. ICCAT record of carrier vessels

1. Member States shall issue authorisations, in accordance with the provisions laid down in a Regulation of the European Parliament and of the Council on the sustainable management of external fishing fleets(4), to carrier vessels to receive transhipments at sea from large-scale pelagic longline vessels in the ICCAT Convention area.

2. Member States shall submit to the Commission, at the time of authorisation, the lists of carrier vessels authorised pursuant to paragraph 1. The Commission shall without delay submit that information to the ICCAT Secretariat for inclusion in the ICCAT record of carrier vessels.

3. Flag Member States shall promptly notify the Commission of any addition to, any deletion from or any modification to, their lists of carrier vessels. The Commission shall without delay submit that information to the ICCAT Secretariat.

4. The notification referred to in paragraphs 2 and 3 shall reflect the format and layout established by the ICCAT Secretariat and shall include the following information:

• name of vessel, register number,

• ICCAT record number (if any),

• IMO number (if any),

• previous name (if any),

• previous flag (if any),

• previous details of deletion from other registries (if any),

• international radio call sign,

• type of vessel, length, gross registered tonnage and carrying capacity,

• name and address of owner(s) and operator(s),

• time period authorised for transhipping.

5. Transhipment at sea referred to in Article 53 may only be received by carrier vessels entered on the ICCAT record of carrier vessels.

Article 55 U.K. Authorisation to large-scale pelagic longline vessels to tranship in the ICCAT Convention area

1. Member States shall issue authorisations, in accordance with the provisions of a Regulation of the European Parliament and of the Council on the sustainable management of external fishing fleets(5), to large-scale pelagic longline vessels flying their flag to tranship at sea.

2. Member States shall submit to the Commission, at the time of authorisation, the lists of large-scale pelagic longline vessels authorised pursuant to paragraph 1. The Commission shall without delay submit that information to the ICCAT Secretariat.

3. Flag Member States shall promptly notify the Commission of any addition to, any deletion from or any modification to, their lists of large-scale pelagic longline vessels authorised to tranship at sea. The Commission shall without delay submit that information to the ICCAT Secretariat.

4. The notification referred to in paragraphs 2 and 3 shall reflect the format and layout established by the ICCAT Secretariat and shall include the following information:

• name of vessel, register number,

• ICCAT record number,

• time period authorised for transhipping at sea,

• flag(s), name(s) and register number(s) of the carrier vessel(s) authorised for use by the large-scale pelagic longline vessel(s).

Article 56 U.K. Prior authorisation for transhipment at sea

1. Transhipments by large-scale pelagic longline vessels in waters under the jurisdiction of a CPC are subject to prior authorisation from that CPC. The original or a copy of that authorisation shall be retained on the vessel and made available to the ICCAT regional observer when requested.

2. Large-scale pelagic longline vessels shall not be allowed to tranship at sea, unless they have obtained prior authorisation from their flag Member State. The original or a copy of the documentation of that authorisation shall be retained on the vessel and made available to the ICCAT regional observer when requested.

3. To receive the prior authorisations referred to in paragraphs 1 and 2, the master or owner of the large-scale pelagic longline vessel shall, at least 24 hours in advance of the intended transhipment, notify its flag Member State authorities and the coastal CPC of the following information:

(a) the name of the large-scale pelagic longline vessel and its number in the ICCAT record of large-scale pelagic longline vessels authorised to tranship at sea;

(b) the name of the carrier vessel and its number in the ICCAT record of carrier vessels;

(c) the product to be transhipped, by species, where known, and, if possible, by stock;

(d) the quantities of ICCAT species, if possible, by stock, to be transhipped;

(e) the quantities of other species caught in association with ICCAT species by species, if known, to be transhipped;

(f) the date and location of transhipment;

(g) the geographic location of the catches by species and, where appropriate, by stock, consistent with ICCAT statistical areas.

Article 57 U.K. ICCAT transhipment declaration

1. The master or owner of the large-scale pelagic longline vessel shall, not later than 15 days after the transhipment, complete and transmit to its flag Member State and to the coastal CPC the ICCAT transhipment declaration.

2. The master of the receiving carrier vessel shall, within 24 hours of the completion of the transhipment, complete and transmit to the ICCAT Secretariat, to the flag CPC of the large-scale pelagic longline vessel and to its flag Member State the ICCAT transhipment declaration, along with its number in the ICCAT record of carrier vessels.

3. The master of the receiving carrier vessel shall, at least 48 hours before landing, transmit to the competent authorities of the landing State the ICCAT transhipment declaration, along with its number in the ICCAT record of carrier vessels.

4. All ICCAT species and any other species caught in association with those species landed in, or imported into, the area or territory of a CPC, either unprocessed or after having being processed on board, and which are transhipped at sea, shall be accompanied by the ICCAT transhipment declaration until the first sale has taken place.

Article 58 U.K. ICCAT regional observer programme for transhipment at sea

1. Each Member State shall ensure that all carrier vessels transhipping at sea have on board an ICCAT regional observer in accordance with the ICCAT regional observer programme for transhipment at sea as laid down in Annex VIII.

2. Without prejudice to Article 73 of Regulation (EC) No 1224/2009, the ICCAT regional observer shall be tasked to verify compliance with this Chapter, and, in particular, whether the transhipped quantities are consistent with the reported catch in the ICCAT transhipment declaration and with the catches recorded in the fishing vessel logbook.

3. Vessels shall be prohibited from commencing or continuing transhipping in the ICCAT Convention area without an ICCAT regional observer on board, except in cases of force majeure duly notified to the ICCAT Secretariat.

Article 59 U.K. Reporting obligations

1. The flag Member State of large-scale pelagic longline vessels which have transhipped and the flag Member State of carrier vessels which have received transhipments during the previous year shall transmit by 15 August of each year to the Commission:

(a) the quantities of catches of ICCAT species, by species and, if possible, by stock, transhipped during the previous year;

(b) the quantities of other species caught in association with ICCAT species by species, if known, transhipped during the previous year;

(c) the list of the large-scale pelagic longline vessels which have transhipped during the previous year;

(d) a comprehensive report assessing the content and conclusions of the reports of the ICCAT regional observers assigned to carrier vessels which have received transhipment from large-scale pelagic longline vessels.

2. The Commission shall forward the information received pursuant to paragraph 1 to the ICCAT Secretariat by 15 September of each year.

Article 60 U.K. Consistency of reported data

The flag Member State of the large-scale pelagic longline vessel engaged in transhipments at sea shall review the information received pursuant to this Regulation so as to determine consistency between the reported catches, transhipments and landings of each vessel, including in cooperation with the landing State as necessary. That verification shall be carried out in such a manner so as to ensure that the vessel suffers the minimum interference and inconvenience and that deterioration in fish quality is avoided.

CHAPTER V U.K. Scientific observer programmes

Article 61 U.K. Establishment of domestic scientific observer programmes

1. Member States shall establish domestic scientific observer programmes ensuring the following:

(a) a minimum of 5 % observer coverage of fishing effort in each of the pelagic longline, purse seine and baitboat fisheries;

(b) for chartered vessels, by way of derogation from point (a), a minimum of 10 % observer coverage of fishing effort in each of the pelagic longline, purse seine and baitboat fisheries;

(c) a representative temporal and spatial coverage of the operation of the fleet to ensure the collection of adequate and appropriate data, taking into account characteristics of the fleets and fisheries;

(d) data collection on all aspects of the fishing operation, including catch, as specified in Article 63(1).

2. The observer coverage referred to in points (a) and (b) of paragraph 1 shall be calculated as follows:

(a) in number of sets or trips for purse seine fisheries;

(b) in fishing days, number of sets or trips for pelagic longline fisheries; or

(c) in fishing days for baitboat fisheries.

3. By way of derogation from point (a) of paragraph 1, for vessels less than 15 metres in length overall, where an extraordinary safety concern exists that precludes deployment of an on-board observer, a Member State may employ an alternative scientific monitoring approach. That alternative approach shall ensure a coverage comparable to that specified in point (a) of paragraph 1 and an equivalent collection of data. The Member State concerned shall present the details of the alternative approach to the Commission.

4. The Commission shall submit the details of the alternative approach referred to in paragraph 3 to the ICCAT Standing Committee on Research and Statistics for evaluation. Alternative approaches shall be subject to the approval of the ICCAT Commission at the ICCAT annual meeting prior to their implementation.

Article 62 U.K. Qualifications of scientific observers

Member States shall ensure that observers have followed the required training, are suitably qualified and are approved before their deployment. The observers shall possess the following qualifications:

(a)

sufficient knowledge and experience to identify species and collect information on different fishing gear configurations;

(b)

satisfactory knowledge of the ICCAT conservation and management measures;

(c)

ability to observe and record accurately data to be collected under the programme;

(d)

ability to collect biological samples;

(e)

not be a crew member of the fishing vessel being observed; and

(f)

not be an employee of a fishing vessel company involved in the fishery being observed.

Article 63 U.K. Responsibilities of scientific observers

1. In particular, Member States shall require observers to:

(a) record and report information on the fishing activity, which shall include at least the following:

(i)

data concerning total target catch, by-catch and discards (including sharks, sea turtles, marine mammals and seabirds), size composition, disposition status (i.e. retained, discarded dead, released alive), and biological samples for life history studies (e.g. gonads, otoliths, spines, scales);

(ii)

fishing operation information, including area of catch by latitude and longitude, fishing effort information (e.g. number of sets, number of hooks, etc.), date of each fishing operation, including, as appropriate, the start and stop times of the fishing activity;

(b) observe and record the use of by-catch mitigation measures and other relevant information;

(c) submit any proposals they consider appropriate to improve the efficiency of conservation measures and scientific monitoring.

2. Member States shall ensure use of robust data collection protocols, including, if necessary, the use of photography or cameras.

3. Masters of the vessels shall ensure appropriate access to the vessel and its operations to allow the observers to carry out their responsibilities effectively.

Article 64 U.K. Submission of collected information

By 30 June of each year Member States shall submit to the Commission the information collected under their domestic scientific observer programmes. The Commission shall forward that information to the ICCAT Secretariat by 31 July of each year.

CHAPTER VI U.K. Control of third country fishing vessels in Member State ports

Article 65 U.K. Reporting obligations with regard to designated ports and points of contact

1. Member States wishing to grant access to its ports to third country fishing vessels carrying ICCAT species or fishery products originating from such species that have not been previously landed or transhipped at ports shall:

(a) designate their ports to which third country fishing vessels may request entry pursuant to Article 5 of Regulation (EC) No 1005/2008;

(b) designate a point of contact for the purposes of receiving prior notice pursuant to Article 6 of Regulation (EC) No 1005/2008;

(c) designate a point of contact for the purposes of transmitting port inspection reports pursuant to Article 66 of this Regulation.

2. Member States shall transmit to the Commission any changes to the list of designated ports and points of contact at least 30 days before such changes take effect. The Commission shall notify that information to the ICCAT Secretariat at least 14 days before those changes take effect.

Article 66 U.K. Reporting obligations with regard to port inspections

1. The inspecting Member State shall transmit to the Commission a copy of the port inspection report referred to in Article 10(3) of Regulation (EC) No 1005/2008 no later than 10 days following the date of completion of the inspection. The Commission shall forward that information to the ICCAT Secretariat no later than 14 days following the date of completion of the inspection.

2. If the port inspection report cannot be transmitted within the period of 10 days referred to in paragraph 1, the inspecting Member State shall notify the Commission within that period of the reasons for the delay and when the report will be submitted.

3. If the information collected during the inspection provides reasons to believe that a third country vessel has committed an infringement of the ICCAT conservation and management measures, Article 11 of Regulation (EC) No 1005/2008 shall apply.

CHAPTER VII U.K. Enforcement

Article 67 U.K. Alleged infringements reported by Member States

1. In addition to the requirements set out in Article 48(4) of Regulation (EC) No 1005/2008, Member States shall submit to the Commission, at least 140 days before the ICCAT annual meeting, any documented information that indicates possible non-compliance of CPCs with ICCAT conservation and management measures. The Commission shall examine that information and, if appropriate, forward it to the ICCAT Secretariat at least 120 days before the ICCAT annual meeting.

2. Member States shall submit to the Commission the list of catching vessels 12 metres or greater in length overall, fish processing vessels, tug and towing vessels, vessels engaged in transhipment, and support vessels alleged to be carrying out IUU fishing in the ICCAT Convention area during the current and previous year, accompanied by the supporting evidence concerning the presumption of IUU fishing. That list shall be submitted at least 140 days before the ICCAT annual meeting. The Commission shall examine that information and, if the information is sufficiently documented, forward it to the ICCAT Secretariat at least 120 days before the ICCAT annual meeting, for the purpose of establishing the ICCAT draft IUU list.

Article 68 U.K. ICCAT draft IUU list

Member States shall closely monitor the vessels included in the ICCAT draft IUU list circulated by the ICCAT Executive Secretary, in order to determine the activities and possible changes of name, flag or registered owner of those vessels.

Article 69 U.K. Alleged non-compliances reported by the ICCAT Executive Secretary

1. If the Commission receives from the ICCAT Executive Secretary any information indicating a suspected non-compliance by a Member State, the Commission shall without delay transmit that information to the Member State concerned.

2. The Member State concerned shall provide the Commission, at least 45 days before the ICCAT annual meeting, with the findings of any investigation taken in relation to the allegations of non-compliance and any actions taken to address compliance issues. The Commission shall forward that information to the ICCAT Executive Secretary at least 30 days before the ICCAT annual meeting.

Article 70 U.K. Alleged infringements reported by a CPC

1. Member States shall designate a point of contact for the purpose of receiving port inspection reports from CPCs.

2. Member States shall transmit to the Commission any changes to the point of contact referred to in paragraph 1 at least 30 days before such changes take effect. The Commission shall forward that information to the ICCAT Secretariat at least 14 days before those changes take effect.

3. If the point of contact designated by a Member State receives a port inspection report from a CPC providing evidence that a fishing vessel flying the flag of that Member State has committed an infringement of ICCAT conservation and management measures, the Member State shall promptly investigate the infringement and, within 160 days of the receipt of such port inspection report, notify the Commission of the status of the investigation and of any enforcement action that may have been taken.

4. If the flag Member State cannot meet the deadline referred to in paragraph 3, it shall notify the Commission the reasons for the delay and when the report on the status of the investigation will be submitted.

5. The Commission shall forward that information to the ICCAT Secretariat within 180 days from the receipt of the port inspection report and shall include in the annual report referred to in Article 71 information regarding the status of the investigations and any enforcement actions undertaken by the flag Member State.

(1)

Procedure number 2015/0289(COD), not yet published in the Official Journal.

(2)

Regulation (EU) 2017/1004 of the European Parliament and of the Council of 17 May 2017 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008 (OJ L 157, 20.6.2017, p. 1).

(3)

Commission Implementing Decision (EU) 2016/1251 of 12 July 2016 adopting a multiannual Union programme for the collection, management and use of data in the fisheries and aquaculture sectors for the period 2017-2019 (OJ L 207, 1.8.2016, p. 113).

(4)

Procedure number 2015/0289(COD), not yet published in the Official Journal.

(5)

Procedure number 2015/0289(COD), not yet published in the Official Journal.