A non-Contracting Party vessel shall be presumed to have undermined the effectiveness of this Regulation, and to have engaged in IUU fishing, if it has been:
sighted or identified by other means as engaged in fishing activities in the Regulatory Area;
involved in transhipment with another non-Contracting Party vessel sighted or identified as engaged in fishing activities inside or outside the Regulatory Area; and/or
included in the IUU list of the North East Atlantic Fisheries Commission (‘NEAFC’)(1).
Each Member State with an inspection and/or surveillance presence in the Regulatory Area authorised under the Joint Inspection and Surveillance Scheme that sights or identifies a non-Contracting Party vessel engaged in fishing activities in the Regulatory Area shall:
transmit immediately the information to the Commission using the format of the surveillance report set out in Annex IV.A to the CEM referred to in point 38 of the Annex to this Regulation;
attempt to inform the master of the vessel that the vessel is presumed to be engaged in IUU fishing and that this information will be distributed to all Contracting Parties, relevant RFMOs and the flag State of the vessel;
if appropriate, request permission from the master of the vessel to board the vessel for inspection; and
where the master of the vessel agrees to inspection:
transmit the inspector's findings to the Commission without delay, using the inspection report form set out in Annex IV.B to the CEM referred to in point 41 of the Annex to this Regulation; and
provide a copy of the inspection report to the master of the vessel.
1.Each master of the vessel of a non-Contracting Party vessel shall request permission to enter port from the competent authority of the port Member State in accordance with the provisions of Article 41.
2.Each port Member State shall:
(a)forward without delay to the flag State of the vessel and to the Commission the information it has received pursuant to Article 41;
(b)refuse port entry to any non-Contracting Party vessel where:
the master of the vessel has not fulfilled the requirements set out in Article 41(1); or
the flag State has not confirmed the vessel's fishing activities in accordance with Article 40(2);
(c)inform the master of the vessel or agent, the flag State of that vessel, and the Commission of its decision to refuse port entry, landing, transhipment or other use of port of any non-Contracting Party vessel;
(d)withdraw denial of port entry only if the port State has determined there is sufficient proof that the grounds on which entry was denied were inadequate or erroneous or that such grounds no longer apply;
(e)inform the master of the vessel or agent, the flag State of that vessel, and the Commission of its decision to withdraw denial of port entry, landing, transhipment or other use of port of any non-Contracting Party vessel;
(f)where it permits entry, ensure the vessel is inspected by duly authorised officials knowledgeable in this Regulation and that the inspection is carried out in accordance with Article 39(11) to (17); and
(g)send a copy of the inspection report and details of any subsequent action it has taken to the Commission without delay.
3.Each Member State shall ensure that no non-Contracting Party vessel engages in landing, or transhipment operations or other use of its ports unless the vessel has been inspected by its duly authorised officials knowledgeable in this Regulation and the master of the vessel establishes that the fish species on board subject to the Convention were harvested outside the Regulatory Area or in compliance with this Regulation.
1.In addition to information submitted from Member States in accordance with Articles 42 and 44, each Member State may, without delay, transmit to the Commission any information that may assist in identification of any non-Contracting Party vessel that might be carrying out IUU fishing in the Regulatory Area.
2.If a Contracting Party objects to a NEAFC IUU-listed vessel being incorporated into or deleted from the NAFO IUU vessel list, such vessel shall be placed by NAFO Executive Secretary on the Provisional IUU vessel list.
Each Member State shall take all measures necessary to deter, prevent and eliminate IUU fishing in relation to any vessel listed in the IUU vessel list, including:
prohibiting any vessel flying its flag from, except in the case of force majeure, participating in fishing activities with such vessel, including but not limited to joint fishing operations;
prohibiting the supply of provisions, fuel or other services to such vessel;
prohibiting entry into its ports of such vessel, and if the vessel is in port, prohibiting use of the port, except in the case of force majeure or distress, for the purposes of inspection, or for taking appropriate enforcement action;
prohibiting change of crew, except as required in relation to force majeure;
refusing to authorise such vessel to fish in waters under its national jurisdiction;
prohibiting chartering of such vessel;
refusing to entitle such vessels to fly its flag;
prohibiting landing and importation of fish from onboard or traceable to such vessel;
encouraging importers, transporters and other sectors concerned, to refrain from negotiating transhipment of fish with such vessels; and
collecting and exchanging any appropriate information regarding such vessel with the other Contracting Parties, non-Contracting Parties and RFMOs with the aim of detecting, deterring and preventing the use of false import or export certificates in relation to fish or fishery product from such vessels.
The Convention on future multilateral cooperation in the North-East Atlantic Fisheries signed in London on 18 November 1980 and entered into force on 17 March 1982 to which European Community acceded on 13 July 1981 (OJ L 227, 12.8.1981, p. 22).