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

CHAPTER IV U.K. VESSEL REQUIREMENTS AND CHARTERING

Article 22 U.K. Vessel requirements

1. Each Member State shall notify the Commission of the following by electronic means:

(a) a list of vessels flying its flag which it may authorise to conduct fishing activities in the Regulatory Area (‘notified vessels’), in the format prescribed in Annex II.C1 to the CEM referred to in point 25 of the Annex to this Regulation;

(b) any deletion from the list of notified vessels, without delay, in the format prescribed in Annex II.C2 to the CEM referred to in point 26 of the Annex to this Regulation.

2. No fishing vessel shall be permitted to conduct fishing activities in the Regulatory Area unless:

(a) it is listed as a notified vessel;

(b) it has been issued with an IMO number; and

(c) it has been issued with an authorisation by the flag Member State to conduct such fishing activities (‘authorised vessel’).

3. No Member State shall authorise a fishing vessel flying its flag to conduct fishing activities in the Regulatory Area unless it is able to exercise effectively its flag State duties in respect of such vessel.

4. Each Member State shall manage the number of authorised vessels and their fishing effort in a manner that takes due account of the fishing opportunities available to that Member State in the Regulatory Area.

5. Each Member State shall transmit to the Commission by electronic means:

(a) the individual authorisation for each vessel on the list of notified vessels it has authorised to conduct fishing activities in the Regulatory Area, in the format specified in Annex II.C3 to the CEM referred to in point 27 of the Annex to this Regulation and not later than 40 days before the start of the fishing activities for the calendar year;

Each authorisation shall in particular identify the start and end dates of validity and, the species for which directed fishery is allowed, unless exempted in Annex II.C3 to the CEM referred to in point 27 of the Annex to this Regulation. If the vessel intends to fish for regulated species referred to in fishing opportunities in force, the identification shall refer to the stock, where the regulated species is associated with the area concerned;

(b) the suspension of the authorisation, in the format prescribed in Annex II.C4 to the CEM referred to in point 28 of the Annex to this Regulation, without delay, in case of removal of the authorisation concerned or of any modification to its content, where the removal or the modification occurs during the period of validity;

(c) the resumption of a suspended authorisation, transmitted in accordance with the procedure set out in point (a).

6. Each Member State shall ensure that the period of validity of the authorisation matches with the certification period concerning the certification of the capacity plan referred to in paragraphs 10 and 11.

7. Every fishing vessel shall bear markings that are readily identified in accordance with internationally accepted standards, such as the FAO Standard Specifications for the Marking and Identification of Fishing Vessels.

8. No fishing vessel shall operate in the Regulatory Area without carrying on board current valid documents issued by the competent authority of the flag Member State, at a minimum establishing the following particulars concerning the vessel:

(a) its name, if any;

(b) the letter(s) of the port or district in which it is registered, if any;

(c) the number(s) under which it is registered;

(d) the IMO number;

(e) its international radio call sign, if any;

(f) the names and addresses of the owner(s) and, where applicable, the charterers;

(g) its length overall;

(h) its engine power;

(i) the capacity plan referred to in paragraph 10; and

(j) estimation of freezing capacity or certification of refrigeration system.

9. No fishing vessel shall conduct fishing activities in the Regulatory Area without carrying on board an accurate up-to-date capacity plan, certified by a competent authority or recognised by its flag Member State.

10. The capacity plan shall:

(a) take the form of a drawing or description of its fish storage place, including the storage capacity of each fish storage place in cubic metres and the drawing shall consist of longitudinal section of the vessel, including a plan for each deck on which a fish storage place is located and the locations of freezers;

(b) show in particular the positions of any door, hatch and any other access to each fish storage place, with reference to the bulkheads;

(c) indicate the main dimensions of the fish storage tanks (refrigerated sea water tanks) and, for each one, indicating the calibration in cubic metres at intervals of 10 cm; and

(d) have the true scale clearly indicated on the drawing.

11. Each Member State shall ensure that, every two years, the capacity plan of its authorised vessels is certified correct by the competent authority.

Article 23 U.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.