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

CHAPTER VIII PORT STATE CONTROL OF VESSELS FLYING THE FLAG OF ANOTHER CONTRACTING PARTY

Article 38 Scope

This Chapter applies to landing, transhipments, or use of ports of Member States by fishing vessels flying the flag of another NAFO Contracting Party, conducting fishing activities in the Regulatory Area. This Chapter applies to vessels carrying catches in the Regulatory Area, or fishery products originating from such catches, that have not been previously landed or transhipped at a port.

Article 39 Duties of the port Member State

1. The port Member State shall provide the Commission and EFCA with a list of designated ports to which fishing vessels may be permitted entry for the purpose of landing, transhipment and/or provision of port services, and shall to the greatest extent possible ensure that each designated port has sufficient capacity to conduct inspections pursuant to this Chapter. The Commission shall post the list of designated ports on the NAFO MCS website, in PDF format. Any subsequent changes to the list shall be posted in replacement of the previous one no less than 15 days before the change comes into effect.

2. The port Member State shall establish a minimum prior request period. The prior request period shall be three working days before the estimated time of arrival. However, in agreement with the Commission, the port Member State may make provisions for another prior request period, taking into account, inter alia, the catch product type or the distance between fishing grounds and its ports. The port Member State shall provide the information on the prior request period to the Commission, which shall post it on the NAFO MCS website, in PDF format.

3. The port Member State shall designate the competent authority which shall act as the contact point for the purposes of receiving requests in accordance with Article 41, receiving confirmations in accordance with Article 40(2) and issuing authorisations in accordance with paragraph 6 of this Article. The port Member State shall provide the name of the competent authority and its contact information to the Commission, which shall post this information on the NAFO MCS website, in PDF format.

4. The requirements set out in paragraphs 1, 2 and 3 do not apply where the Union does not permit landings, transhipments, or use of ports by vessels flying the flag of another NAFO Contracting Party.

5. The port Member State shall forward a copy of the form referred to in Article 41(1) and (2) without delay to the flag NAFO Contracting Party of the vessel and to the flag NAFO Contracting Party of donor vessels where the vessel has engaged in transhipment operations.

6. Fishing vessels may not enter port without prior authorisation by the competent authorities of the port Member State. Authorisation to land or tranship or make use of other port services shall only be given if the confirmation from the flag NAFO Contracting Party as referred to in Article 40(2) has been received.

7. By way of derogation from paragraph 6, the port Member State may authorise all or part of a landing in the absence of the confirmation referred to in that paragraph subject to the following conditions:

(a) the fish concerned shall be kept in storage under the control of the competent authorities;

(b) the fish shall only be released to be sold, taken over, produced, or transported once the confirmation referred to in paragraph 6 has been received;

(c) if the confirmation has not been received within 14 days of completion of the landing operations, the port Member State may confiscate and dispose of the fish in accordance with national rules.

8. The port Member State shall without delay notify the master of the vessel of its decision on whether to authorise or deny the port entry or, if the vessel is in port, the landing, transhipment and other use of port. If the vessel entry is authorised the port Member State shall return to the master of the vessel a copy of the form Port State Control Prior Request Form in Annex II.L to the CEM referred to in point 43 of the Annex to this Regulation with Part C duly completed. This copy shall also be sent to the Commission, which shall post it on the NAFO MCS website without delay. In the case of a denial the port Member State shall also notify the flag NAFO Contracting Party.

9. In case of cancellation of the prior request referred to in Article 41(2) the port Member State shall send a copy of the cancelled Port State Control Prior Request Form to the Commission, which shall post it on the NAFO MCS website, for automatic transmission to the flag NAFO Contracting Party.

10. Unless otherwise required in a recovery plan, the port Member State shall carry out inspections of at least 15 % of all such landings or transhipments during each reporting year. In determining which vessels to inspect, the port Member State shall give priority to:

(a) vessels that have been previously denied entry or use of a port in accordance with this Chapter or any other provision of this Regulation; and

(b) requests from other NAFO Contracting Parties, States or Regional Fisheries Management Organisations (‘RFMOs’) that a particular vessel be inspected.

11. Inspections shall be consistent with Annex IV.H to the CEM referred to in point 44 of the Annex to this Regulation, and carried out by authorised port Member State inspectors who shall present documents of identity to the master of the vessel prior to the inspection.

12. Subject to the agreement of the port Member State, the Commission may invite inspectors of other NAFO Contracting Parties to accompany their own inspectors and observe the inspection.

13. An inspection in port shall involve the monitoring of the entire landing or transhipment of fishery resources in that port. During any such inspection, the inspector of the port Member State shall, at a minimum:

(a) cross-check against the quantities of each species landed or transhipped:

(i)

the quantities by species recorded in the logbook;

(ii)

catch and activity reports; and

(iii)

all information on catches provided in the prior notification Port State Control Prior Request Forms as set out in Annex II.L to the CEM referred to in point 43 of the Annex to this Regulation;

(b) verify and record the quantities by species of catch remaining on board upon completion of landing or transhipment;

(c) verify any information from inspections carried out in accordance with Chapter VII;

(d) verify all nets on board and record mesh size measurements;

(e) verify fish size for compliance with minimum size requirements;

(f) where relevant, verify species for compliance with accuracy of catch declaration.

14. The port Member State shall, where possible, communicate with the master of the vessel or senior crew members of the vessel, as well as with the observer, and where possible and where needed, ensure that the inspector is accompanied by an interpreter.

15. The port Member State shall, where possible, avoid unduly delaying the fishing vessel and ensure that the vessel suffers the minimum interference and inconvenience, including avoiding unnecessary degradation of the quality of the fish.

16. Each inspection shall be documented by completing the form PSC 3 (port State control inspection form) as set out in Annex IV.C to the CEM referred to in point 9 of the Annex to this Regulation. The process for completion and handling of the report on port State control inspection shall include the following:

(a) the inspectors shall identify and provide details of any infringement of this Regulation detected during the port inspection. Details shall include all relevant information available with regard to infringements detected at sea during the current trip of the inspected fishing vessel;

(b) the inspectors may insert any comments they consider relevant;

(c) the master of the vessel shall be given the opportunity to add any comments or objection to the report, and, as appropriate, to contact the relevant authorities of the flag State in particular where the master of the vessel has serious difficulties in understanding the content of the report;

(d) the inspectors shall sign the report and request that the master of the vessel sign the report. The master of the vessel's signature on the report shall serve only as acknowledgment of the receipt of a copy of the report;

(e) the master of the vessel shall be provided with a copy of the report containing the result of the inspection, including possible measures that could be taken.

17. The port Member State shall without delay send a copy of each port State control inspection report to the Commission and to EFCA. The Commission shall post the port State control inspection report on the NAFO MCS website, in PDF format, for automatic transmission to the flag State NAFO Contracting Party and to the flag State of any vessel that transhipped catch to the inspected fishing vessel.

Article 40 Duties of the flag Member State

1. The Member States shall ensure that the master of a vessel flying their flag complies with the obligations relating to masters of the vessel set out in Article 41.

2. The Member State of a fishing vessel intending to land or tranship or make use of other port services, or where the vessel has engaged in transhipment operations outside a port, shall confirm by returning a copy of the Port State Control Prior Request Form set out in Annex II.L to the CEM referred to in point 43 of the Annex to this Regulation, transmitted in accordance with Article 39(5) with part B duly completed, stating that:

(a) the fishing vessel declared to have caught the fish had sufficient quota for the species declared;

(b) the declared quantity of fish on board has been duly reported by species and taken into account for the calculation of any catch or effort limitations that may be applicable;

(c) the fishing vessel declared to have caught the fish had authorisation to fish in the areas declared; and

(d) the presence of the vessel in the area in which it has declared to have taken its catch has been verified by VMS data.

3. The Member State shall send to the Commission the contact information of the competent authority, which shall act as the contact point for the purposes of receiving requests in accordance with Article 39(5) and providing confirmation in accordance with Article 39(6). The Commission shall post this information on the NAFO MCS website in PDF format.

Article 41 Obligations of the master of the vessel

1. The master or the agent of a fishing vessel intending to enter port shall forward the request for entry to the competent authorities of the port Member State within the request period referred to in Article 39(2). Such request shall be accompanied by the Port State Control Prior Request Form set out in Annex II.L to the CEM referred to in point 43 of the Annex to this Regulation duly completed as follows:

(a) Port State Control Prior Request Form PSC 1, as referred to in Annex II.L.A to the CEM shall be used where the vessel is carrying, landing or transhipping its own catch; and

(b) Port State Control Prior Request Form PSC 2, as referred to in Annex II.L.B to the CEM, shall be used where the vessel has engaged in transhipment operations. A separate form shall be used for each donor vessel;

(c) both forms PSC 1 and PSC 2 shall be completed in cases where a vessel carries, lands or tranships its own catch and catch that was received through transhipment.

2. A master of the vessel or agent may cancel a prior request by notifying the competent authorities of the port they intended to use. The request shall be accompanied by a copy of the original Port State Control Prior Request Form set out in Annex II.L to the CEM referred to in point 43 of the Annex to this Regulation, with the word ‘cancelled’ written across it.

3. The master of the vessel shall not commence landing or transhipment operations, or make use of other port services, before authorisation has been given by the competent authority of a Member State or prior to the estimated time of arrival (ETA) as reported in PSC1 or PSC2 has expired. However, landing or transhipment operations and making use of other port services may commence prior to ETA with permission from the competent authorities of the port Member State.

4. The master of the vessel shall:

(a) cooperate with and assist in the inspection of the fishing vessel conducted in accordance with these procedures and shall not obstruct, intimidate or interfere with the port State inspectors in the performance of their duties;

(b) provide access to any areas, decks, rooms, catch, nets or other gear or equipment, and provide any relevant information which the port State inspectors request, including copies of any relevant documents.

Article 42 Infringements detected during inspections in port

Where an infringement is detected during an inspection of a vessel in port, the relevant provisions of Articles 34 to 37 shall apply.

Article 43 Confidentiality

All inspection and investigation reports and associated images or evidence, and forms referred to in this Chapter shall be treated by Member States, competent authorities, operators, masters of the vessel and crew as confidential, in accordance with the rules on confidentiality set out in Annex II.B to the CEM referred to in point 37 of the Annex to this Regulation.