Council Regulation (EC) No 41/2006 of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required

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Obligations in case of transfer/transhipment:

• 1. The original of the transfer/transhipment declaration must be provided to the recipient vessel tug/processing/transport).

• 1. The copy of the transfer/transhipment declaration must be kept by the correspondent catching fishing vessel.

• 1. Further transfers or transhipping operations shall be authorised by the relevant CP which authorised the vessel to operate.

• 1. The original of the transfer/transhipment declaration has to be kept by the recipient vessel which holds the fish, up to the farm or the landing place.

• 1. The transfer or transhipping operation shall be recorded in the log book of any vessel involved in the operation.

Part IV

ICCAT scheme of joint international inspection

The ICCAT Commission agreed at its Fourth Regular Meeting (Madrid, November 1975) that:

Pursuant to paragraph 3 of Article IX of the Convention, the ICCAT Commission recommends the establishment of the following arrangements for international control outside the waters under national jurisdiction for the purpose of ensuring the application of the Convention and the measures in force thereunder:

• 1. Control shall be carried out by inspectors of the fishery control services of Contracting Governments. The names of the inspectors appointed for that purpose by their respective governments shall be notified to the Commission.

• 1. Ships carrying inspectors shall fly a special flag or pennant approved by the ICCAT Commission to indicate that the inspector is carrying out international inspection duties. The names of the ships so used for the time being, which may be either special inspection vessels or fishing vessels, shall be notified to the ICCAT Commission, as soon as may be practical.

- 3. Each inspector shall carry a document of identify supplied by the authorities of the flag State in a form approved by the ICCAT Commission and given him on appointment stating that he has authority to act under arrangements approved by the ICCAT Commission.

• 1. Subject to the arrangements agreed under paragraph 9, a vessel employed for the time being in fishing for tuna or tuna-like fishes in the Convention Area outside the waters under national jurisdiction shall stop when given the appropriate signal in the International Code of Signals by a ship carrying an inspector unless actually carrying out fishing operations, in which case it shall stop immediately once it has finished such operations. The master ([^E0291]) of the vessel shall permit the inspector, who may be accompanied by a witness, to board it. The master shall enable the inspector to make such examination of catch or gear and any relevant documents as the inspector deems necessary to verify the observance of the ICCAT Commission's recommendations in force in relation to the flag State of the vessel concerned and the inspector may ask for any explanations that he deems necessary.

• 1. On boarding the vessel an inspector shall produce the document described in 3. Inspections shall be made so that the vessel suffers the minimum interference and inconvenience and that degradation of the quality of the fish be avoided. An inspector shall limit his enquiries to the ascertainment of the facts in relation to the observance of the ICCAT Commission's recommendations in force in relation to the flag State of the vessel concerned. In making his examination an inspector may ask the master for any assistance he may require. He shall draw up a report of his inspection in a form approved by the ICCAT Commission. He shall sign the report in the presence of the master of the vessel who shall be entitled to add or have added to the report any observations which he may think suitable and must sign such observations. Copies of the report shall be given to the master of the vessel and to the inspector's government who shall transmit copies to the appropriate authorities of the flag State of the vessel and to the ICCAT Commission. Where any infringement of the recommendations is discovered the inspector should, where possible, also inform the competent authorities of the flag State, as notified to the ICCAT Commission, and any inspection ship of the flag State known to be in the vicinity.

• 1. Resistance to an inspector or failure to comply with his directions shall be treated by the flag State of the vessel in a manner similar to resistance to any inspector of that State or a failure to comply with his directions.

- 7. Inspectors shall carry out their duties under these arrangements in accordance with the rules set out in this recommendation but they shall remain under the operational control of their national authorities and shall be responsible to them.

• 1. Contracting Governments shall consider and act on reports of foreign inspectors under these arrangements on a similar basis in accordance with their national legislation to the reports of national inspectors. The provisions of this paragraph shall not impose any obligation on a Contracting Government to give the report of a foreign inspector a higher evidential value than it would possess in the inspector's own country. Contracting Governments shall collaborate in order to facilitate judicial or other proceedings arising from a report of an inspector under these arrangements.

- 9. - (i) Contracting Governments shall inform the ICCAT Commission by the 1st of March each year of their provisional plans for participation in these arrangements in the following year and the ICCAT Commission may make suggestions to Contracting Governments for the coordination of national operations in this field including the number of inspectors and ships carrying inspectors;

• (ii) The arrangements set out in this recommendation and the plans for participation shall apply between Contracting Governments unless otherwise agreed between them; and such agreement shall be notified to the ICCAT Commission: Provided however, that implementation of the scheme shall be suspended between any two Contracting Governments if either of them has notified the ICCAT Commission to that effect, pending completion of an agreement.

• 1. • (i) The fishing gear shall be inspected in accordance with the regulations in force for the subarea in which the inspection takes place. The inspector will state the nature of this violation in this report.
• (ii) Inspectors shall have the authority to inspect all fishing gear in use or that fishing gear on deck ready for use.

• 1. The inspector shall affix an identification mark approved by the ICCAT Commission to any fishing gear inspected which appears to be in contravention of the ICCAT Commission's recommendations in force in relation to the flag State of the vessel concerned and shall record this fact in his report.

• 1. The inspector may photograph the gear in such a way as to reveal those features which in his opinion are not in conformity with the regulation in force, in which case the subjects photographed should be listed in the report and copies of the photographs should be attached to the copy of the report to the flag State.

• 1. The inspector shall have authority, subject to any limitations imposed by the ICCAT Commission, to examine the characteristics of catches, to establish whether the ICCAT Commission's recommendations are being complied with. He shall report his findings to the authorities of the flag State of the inspected vessel as soon as possible. (Biennial Report 1974-75, Part II).

Remarks

It was agreed to leave in abeyance the date of entry into effect of the International Inspection Scheme until the ICCAT Commission decides otherwise.

ICCAT Pennant:

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ANNEX XVII

Vessels engaged in illegal, unreported and unregulated fisheries in the North Atlantic

1. NORTH-EAST ATLANTIC

• 1.1.The Commission shall without delay inform Member States of vessels flying flags of non-contracting Parties to the Convention on Future Multilateral Co-operation in North-East Atlantic Fisheries (hereinafter referred to as ‘the Convention’) that have been sighted engaging in fishing activities in the Regulatory Area of the Convention and placed by the North-East Atlantic Fisheries Commission (NEAFC) on a provisional list of vessels that are being presumed to be undermining the Recommendations established under the Convention. The following measures shall apply to these vessels:

• (a) vessels that enter ports are not authorised to land or tranship therein and shall be inspected by the competent authorities. Such inspections shall include the vessel's documents, log books, fishing gear, catch onboard and any other matter relating to the vessel's activities in the Regulatory Area of the Convention. Information on the result of the inspections shall immediately be transmitted to the Commission;

• (b) fishing vessels, support vessels, refuel vessels, mother-ships and cargo vessels flying the flag of a Member State shall not in any way assist the vessels or participate in any transhipment or joint fishing operations with the vessels;

• (c) the vessels shall not be supplied in ports with provisions, fuel or other services.

• 1.2.Vessels that have been placed by the North-East Atlantic Fisheries Commission on the list of vessels that have been confirmed as having engaged in illegal, unreported and unregulated fisheries (hereinafter referred to as ‘IUU vessels’) are listed in Appendix 1. In addition to the measures referred to in point 1.1 the following measures shall apply to these vessels:

• (a) IUU vessels shall be prohibited to enter a Community port;

• (b) IUU vessels shall not be authorised to fish in Community waters and be prohibited to be chartered;

• (c) imports of fish coming from IUU vessels shall be prohibited;

• (d) Member States shall refuse the granting of their flag to IUU vessels and encourage importers, transporters and other sectors concerned to refrain from negotiating and from transhipping of fish caught by such vessels.

- 1.3.The Commission shall amend the list of IUU vessels to be in accordance with the NEAFC IUU list as soon as NEAFC adopts a new IUU list.

• 2.1.Vessels that have been placed by the Northwest Atlantic Fisheries Organisation (NAFO) on the list of IUU vessels are listed in Appendix 2. The following measures shall apply to these vessels:

• (a) Fishing vessels, support vessels, refuel vessels, mother-ship and cargo vessels flying the flag of a Member State shall not in any way assist IUU vessels, engage in fish processing operations or participate in any transhipment or joint fishing operations with vessels on the IUU vessels list;

• (b) IUU vessels shall not be supplied in ports with provisions, fuel or other services;

- (c) IUU vessels shall not be authorised to entry into port of a Member State, except in case of force majeure;

• (d) IUU vessels shall not be authorised to change the crew, except as required in relation to force majeure;

• (e) IUU vessels shall not be authorised to fish in Community waters and be prohibited to be chartered;

• (f) Member States shall refuse the granting of their flag to IUU vessels and encourage importers, transporters and other sectors concerned to refrain from negotiating and from transhipping of fish caught by such vessels;

• (g) Imports of fish coming from IUU vessels shall be prohibited.

• 2.2.The Commission shall amend the IUU vessels list to be in accordance with the NAFO list as soon as NAFO adopts a new list.

Appendix 1 to Annex XVII

List of vessels that have been confirmed by NEAFC as having engaged in illegal, unreported and unregulated fisheries (IUU vessels)

International Maritime Organisation.

Any changes of names and flags and additional information on the vessels are available on the NEAFC website: www.neafc.org’

Appendix 2 to Annex XVII

List of vessels that have been confirmed by NAFO as having engaged in illegal, unreported and unregulated fisheries (IUU vessels)

International Maritime Organisation.

OJ L 358, 31.12.2002, p. 59.

OJ L 115, 9.5.1996, p. 3.

OJ L 70, 9.3.2004, p. 8.

OJ L 150, 30.4.2004, p. 1. Corrected version inOJ L 185, 24.5.2004, p. 1.

OJ L 345, 28.12.2005, p. 5

OJ L 65, 7.3.2006, p. 1

OJ L 276, 10.10.1983, p. 1. Regulation as last amended by Regulation (EC) No 1804/2005 (OJ L 290, 4.11.2005, p. 10).

OJ L 274, 25.9.1986, p. 1. Regulation as amended by Regulation (EC) No 3259/94 (OJ L 339, 29.12.1994, p. 11).

OJ L 132, 21.5.1987, p. 9.

OJ L 365, 31.12.1991, p. 1. Regulation as last amended by Regulation (EC) No 448/2005 (OJ L 74, 19.3.2005, p. 5).

OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).

OJ L 171, 6.7.1994, p. 1. Regulation as last amended by Regulation (EC) No 813/2004 (OJ L 150, 30.4.2004, p. 32).

OJ L 171, 6.7.1994, p. 7.

OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regulation (EC) No 2166/2005 (OJ L 345, 28.12.2005, p. 5).

OJ L 191, 7.7.1998, p. 10. Regulation as amended by Regulation (EC) No 2187/2005(OJ L 349, 31.12.2005, p. 1).

OJ L 137, 19.5.2001, p. 1. Regulation as amended by Regulation (EC) No 831/2004 (OJ L 127, 29.4.2004, p. 33).

OJ L 351, 28.12.2002, p. 6. Regulation as amended by Regulation (EC) No 2269/2004 (OJ L 396, 31.12.2004, p. 1).

OJ L 289, 7.11.2003, p. 1.

OJ L 333, 20.12.2003, p. 17.

OJ L 97, 1.4.2004, p. 16.

OJ L 384, 29.12.2006, p. 28

OJ L 199, 21.7.2006, p. 8.

OJ L 226, 29.8.1980, p. 48.

OJ L 226, 29.8.1980, p. 12.

OJ L 29, 1.2.1985, p. 9.

OJ L 16, 20.1.2006, p. 1. Regulation as last amended by Regulation (EC) No 1782/2006 (OJ L 345, 8.12.2006, p. 10).

[^E0027]: OJ L 270, 13.11.1995, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

[^E0028]: OJ L 186, 28.7.1993, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003.

[^E0029]: OJ L 224, 16.8.2006, p. 22.

[^E0030]: OJ L 32, 4.2.2005, p. 1.

[^E0031]: OJ L 162, 18.6.1986, p. 33.

[^E0032]: OJ L 234, 31.8.2002, p. 39.

[^E0033]: OJ L 190, 4.7.1998, p. 34.

[^E0034]: OJ L 349, 31.12.2005, p. 1.

[^E0035]: OJ L 5, 9.1.2004, p. 25. Regulation as amended by Regulation (EC) No 1799/2006 (OJ L 341, 7.12.2006, p. 26).

[^E0036]: OJ L 17, 21.1.2000, p. 22. Regulation as last amended byRegulation (EC) No 1759/2006 (OJ L 335, 1.12.2006, p. 3). .

[^E0037]: OJ L 175, 6.7.1988, p. 1.

[^E0038]: OJ L 121, 12.5.1994, p. 3

[^E0039]: OJ L 227, 12.8.1981, p. 22

[^E0040]: OJ L 97, 1.4.2004, p. 1.

[^E0041]: The exact times of nautical twilight are set out in the Nautical Almanac tables for the relevant latitude, local time and date. All times, whether for ship operations or observer reporting, shall be referenced to GMT.

[^E0042]: OJ L 123, 12.5.2007, p. 3.

[^E0043]: OJ L 223, 15.8.2006, p. 1.

[^E0160]: (⁴⁴) Catches taken against this quota are to be deducted from Norway’s and the Faeroe Islands’ share of the TAC (access quota). This quota may be fished in EC waters north of 62° N.

[^E0161]: (⁴⁵) When the sum of the catches of all Member States has reached 74 995 tonnes no further catches shall be permitted.

[^E0223]: OJ L 176, 15.7.2000, p. 1

[^E0224]: OJ L 222, 17.8.2001, p. 53. Regulation as amended by Regulation (EC) No 1581/2004 (OJ L 289, 10.9.2004, p. 6).

[^E0227]: OJ L 70, 9.3.2004, p. 8.

[^E0231]: OJ L 41, 13.2.2002, p. 1.

[^E0232]: OJ L 56, 2.3.2005, p. 8. Regulation as amended by Regulation (EC) No 1805/2005 (OJ L 290, 4.11.2005, p. 12).

[^E0233]: OJ L 77, 20.3.2002, p. 8.

[^E0234]: See footnote 1 in Annex ID concerning bluefin tuna.

[^E0235]: OJ L 409, 30.12.2006, p. 11.

[^E0236]: For fish farmed more than 1 year, other additional sampling methods should be established.

[^E0237]: Date of entry into force of this Regulation.

[^E0252]: A fishing trip means a voyage commencing when a vessel intending to fish enters the 200-nautical-mile zone off the coasts of the Member States of the Community which is covered by the Community rules on fisheries and terminating when a vessel leaves that zone.

[^E0257]: A fishing trip means a voyage commencing when a vessel intending to fish enters the 200-nautical-mile zone off the coasts of the Member States of the Community which is covered by the Community rules on fisheries and terminating when a vessel leaves that zone.

[^E0276]: (⁵⁷) Fishing vessels not assigned an IMO (International Maritime Organisation) number shall provide their external registration number.

[^E0277]: (⁵⁸) If necessary an additional form or forms shall be used.

[^E0278]: (⁵⁹) FAO 3-alpha Species Codes.

[^E0279]: (⁶⁰) Product presentations Appendix to Annex XV.

[^E0280]: (⁶¹) A separate form shall be completed for each donor vessel.

[^E0281]: (⁶²) Fishing vessels not assigned an IMO number shall provide their external registration number.

[^E0282]: (⁶³) If necessary an additional form or forms shall be used.

[^E0283]: (⁶⁴) FAO 3-alpha Species Codes.

[^E0284]: (⁶⁵) Product presentations as set out in Appendix to Annex XV.

[^E0285]: (⁶⁶) In case where a vessel has engaged in transhipment operations. A separate form shall be used for each donor vessel.

[^E0286]: (⁶⁷) Fishing vessels not assigned an IMO number shall provide their external registration number.

[^E0287]: (⁶⁸) FAO 3-alpha Species Codes.

[^E0288]: (⁶⁹) Product presentations as set out in Appendix to Annex XV.

[^E0289]: (⁷⁰) In case of infringements related to fish caught in the NEAFC Convention Area a reference should be made to the relevant article of the NEAFC Scheme of Control and Enforcement adopted on 17 November 2006.

[^E0290]: OJ L 5, 9.1.2004, p. 25.

[^E0291]: Master refers to the individual in charge of the vessel.