Regulation (EU) 2019/833 of the European Parliament and of the CouncilShow full title

Regulation (EU) 2019/833 of the European Parliament and of the Council of 20 May 2019 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation, amending Regulation (EU) 2016/1627 and repealing Council Regulations (EC) No 2115/2005 and (EC) No 1386/2007

Article 23U.K.Chartering arrangements

1.For the purpose of this Article, ‘chartering Contracting Party’ shall refer to the Contracting Party that holds an allocation as indicated in Annex I.A and Annex I.B to the CEM, or the Member State that holds a fishing opportunities allocation, and ‘flag Member State’ shall refer to the Member State in which the chartered vessel is registered.

2.All or part of the fishing allocation of a chartering Contracting Party can be harvested using a chartered authorised vessel (‘chartered vessel’) flying the flag of a Member State, subject to the following conditions:

(a)the flag Member State has consented in writing to the chartering arrangement;

(b)the chartering arrangement is limited to one fishing vessel per flag Member State in any calendar year;

(c)the duration of the fishing operations under the chartering arrangement does not exceed six months cumulatively in any calendar year; and

(d)the chartered vessel is not a vessel that has previously been identified as having engaged in IUU fishing.

3.All catch and by-catch taken by the chartered vessel in accordance with the chartering arrangement shall be attributed to the chartering Contracting Party.

4.The flag Member State shall not authorise the chartered vessel, when conducting fishing operations under the chartering arrangement, to fish any of the flag Member State's allocations or under another charter at the same time.

5.No transhipment at sea may be carried out without the prior authorisation of the chartering Contracting Party, which shall ensure that it is carried out under the supervision of an observer on board.

6.The flag Member State shall notify the Commission in writing prior to the start of the chartering arrangement of its consent to the chartering arrangement.

7.The flag Member State shall notify the Commission immediately upon the occurrence of any of the following events:

(a)start of fishing operations under the chartering arrangement;

(b)suspension of fishing operations under the chartering arrangement;

(c)resumption of fishing operations under a chartering arrangement that has been suspended;

(d)end of fishing operations under the chartering arrangement.

8.The flag Member State shall maintain a separate record of catch and by-catch data from fishing operations in accordance with every charter of a vessel flying its flag and report them to the chartering Contracting Party and the Commission.

9.The chartered vessel shall at all times carry the following documentation:

(a)the name, flag State registration, IMO number and flag State of the vessel;

(b)previous name(s) and flag State(s) of the vessel, if any;

(c)the name and address of the owner(s) and operators of the vessel;

(d)a copy of the chartering arrangement and any fishing authorisation or licence the chartering Contracting Party has issued to the chartered vessel; and

(e)the allocation assigned to the vessel.