CHAPTER VIIIFINAL PROVISIONS

Article 33Amendments to Regulation (EC) No 1224/2009

In Chapter IV of Regulation (EC) No 1224/2009, Title IV is amended as follows:

  1. (a)

    Section 3 is deleted;

  2. (b)

    the following Section is added:

    Section 4On-board processing and pelagic fisheries

    Article 54aOn-board processing

    1

    The carrying out on board a fishing vessel of any physical or chemical processing of fish to produce fish-meal, fish-oil, or similar products or to tranship catches of fish for such purposes shall be prohibited.

    2

    Paragraph 1 shall not apply to:

    a

    the processing or transhipment of offal; or

    b

    the production on board a fishing vessel of surimi.

    Article 54bCatch handling and discharge restrictions on pelagic vessels

    1

    The maximum space between bars in the water separator on board pelagic fishing vessels targeting mackerel, herring and horse mackerel operating in the NEAFC Convention Area as defined in Article 3(2) of Regulation (EU) No 1236/2010 shall be 10 mm.

    The bars shall be welded in place. If holes are used in the water separator instead of bars, the maximum diameter of the holes shall not exceed 10 mm. Holes in the chutes before the water separator shall not exceed 15 mm in diameter.

    2

    Pelagic vessels operating in the NEAFC Convention Area shall be prohibited from discharging fish under their water line from buffer tanks or refrigerated seawater (RSW) tanks.

    3

    Drawings related to the catch handling and discharge capabilities of pelagic vessels targeting mackerel, herring and horse mackerel in the NEAFC Convention Area which are certified by the competent authorities of the flag Member States, as well as any modifications thereto, shall be sent by the master of the vessel to the competent fisheries authorities of the flag Member State. The competent authorities of the flag Member State of the vessels shall carry out periodic verifications of the accuracy of the drawings submitted. Copies shall be carried on board the vessel at all times.

    Article 54cRestrictions on the use of automatic grading equipment

    1

    The carrying or use on board a fishing vessel of equipment which is capable of automatically grading, by size or by sex, herring or mackerel or horse mackerel shall be prohibited.

    2

    However, the carrying and use of such equipment shall be permitted provided that:

    a

    the vessel does not simultaneously carry or use on board either towed gear of mesh size less than 70 mm or one or more purse seines or similar fishing gear; or

    b

    the whole of the catch which may be lawfully retained on board:

    1. (i)

      is stored in a frozen state;

    2. (ii)

      the graded fish are frozen immediately after grading and no graded fish are returned to the sea; and

    3. (iii)

      the equipment is installed and located on the vessel in such a way as to ensure immediate freezing and not to allow the return of marine species to the sea.

    3

    By way of derogation from paragraphs 1 and 2 of this Article, any vessel authorised to fish in the Baltic Sea, the Belts or the Sound may carry automatic grading equipment in the Kattegat provided that a fishing authorisation has been issued in accordance with Article 7. The fishing authorisation shall define the species, areas, time periods and any other required conditions applicable to the use and carriage on board of the grading equipment.

    4

    This Article shall not apply in the Baltic Sea.