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

• (b) assess discrepancies identified in the observer report and conduct any follow-up action deemed appropriate;

• (c) create a report on follow-up actions and submit it to the Commission.

• (b) without delay, the observer trip report referred to in paragraph 11;

• (c) by 15 February each year for the previous calendar year, a report on its compliance with the obligations set out in this Article.

• (a) complete the observer trip report as set out in Annex II.M to the CEM referred to in point 35 of the Annex, noting that data collection on Greenland sharks shall be carried out minimising the damage to the sampled individuals;

• (b) transmit daily, before 12:00 UTC to the FMC of the flag Member State, in accordance with Annex II.G to the CEM referred to in point 36 of the Annex to this Regulation, the report for the preceding day, by division, whether the vessel was fishing or not;

• (c) report without delay to the FMC any discrepancy with this Regulation and any instances of obstruction, intimidation, interference with or otherwise prevention of the observer from performing their duties;

• (d) monitor the vessel’s product labelling, production logbook, and stowage plan against the requirements established in Articles 24 and 25, and record in the observer trip report any discrepancies identified;

• (e) record any observed interruption or interference with VMS;

• (f) submit the information in Annex II.M to the CEM referred to in point 35 of the Annex by electronic means to the FMC and to the port State as soon as possible after leaving the Regulatory Area and at the latest at the arrival of the vessel in port for landing;

• (g) make themselves available to inspectors at sea, or in port upon arrival of the vessel, for the purposes of providing information related to the fishing activities of the vessel;

• (h) maintain detailed records, including relevant images and video footage, of any circumstances and information related to any instances of discrepancies with this Regulation for transmission to the FMC at the earliest opportunity, and at the latest upon the arrival of the vessel in port for landing.

• (a) extend such cooperation and assistance as may be required to enable the observer to carry out his or her duties, including providing the observer with such access as may be required to the catch retained on board and discards and the catch registration documents (e.g. fishing logbook, production logbook, stowage plan);

• (b) provide food and accommodation to the observer of a standard no less than that provided to the vessel's officers. If officers' accommodation is not available, the observer shall be provided accommodation of a standard as close to an officer's as practicable but not less than that provided to the crew;

• (c) provide access to all operational areas of the vessel necessary for the observer to complete his or her duties, including the vessel's hold(s), production area(s), bridge, garbage processing equipment and navigation and communication equipment;

• (d) refrain from, personally or through their agents, employees, or crew members, obstruct, intimidate, interfere with, influence, bribe or attempt to bribe or compromise the safety of an observer in the performance of his/her duties;

• (e) include the observer in all emergency drills conducted on-board; and

• (f) notify the observer when an inspection party has signalled their intent to board the vessel; and

• (g) provide the observer with unhindered independent internet access on board at all times, unless the observer has available a fully operational two-way satellite communication device.

CHAPTER VII JOINT INSPECTION AND SURVEILLANCE SCHEME

Article 28

General provisions

• (a) an inspector or other competent authority is present in the Regulatory Area; or

• (b) a competent authority is present in the territory of a NAFO Contracting Party adjacent to the Convention Area;

• (c) Member States respond without delay to every notice of infringement in the Regulatory Area by a fishing vessel flying their flag.

• (a) remain under its operational control;

• (b) implement the provisions of the Scheme;

• (c) do not carry arms when boarding the vessel;

• (d) refrain from enforcing laws and regulations relating to Union waters;

• (e) observe generally accepted international regulations, procedures and practices relating to the safety of the vessel being inspected and its crew;

• (f) do not interfere with fishing activities or stowage of fishery products and, to the extent practicable, avoid action which would adversely affect the quality of the catch on board; and

• (g) open containers in a manner that facilitates their prompt resealing, repacking and eventual re-storage.

Article 29

Notification requirements

• (a) the contact information of the competent authority which shall act as the contact point for the purpose of immediate notification of infringements in the Regulatory Area, and any subsequent changes to that information, not less than 15 days before the change comes into effect;

• (b) the names of inspectors and inspector trainees and the name, radio call sign and communication contact information of each inspection platform it has assigned to the Scheme. It shall notify changes to the particulars so notified, whenever possible, not less than 60 days in advance.

Article 30

Surveillance procedures

• (a) fill out the Surveillance Report Form in accordance with Annex IV.A to the CEM referred to in point 38 of the Annex to this Regulation. If the inspector has made a volumetric or catch composition evaluation of the content of a haul, the surveillance report shall include all relevant information regarding the composition of the tow, and refer the method used for the volumetric evaluation;

• (b) record images of the vessel and record the position, date and time the image was recorded; and

• (c) without delay electronically transmit the surveillance report and images to his competent authority.

• (a) transmit the surveillance report to EFCA which shall submit it without delay to the NAFO Executive Secretary for transmission to the flag State Contracting Party of the vessel;

• (b) transmit a copy of images recorded to EFCA which shall in turn transmit them to the flag State Contracting Party of the vessel or the flag Member State if different from the inspecting Member State;

• (c) ensure security and continuity of the evidence for subsequent inspections.

Article 31

Boarding and inspection procedures for Contracting Parties

Each Member State shall ensure that for an inspection conducted under the Scheme, its inspectors:

• (a) prior to boarding, notify the fishing vessel by radio, using the International Code of Signals, of the name of the inspection platform;

• (b) display, on the inspection vessel and boarding vessel, the pennant depicted in Annex IV.E to the CEM referred to in point 39 of the Annex to this Regulation;

• (c) ensure that during boarding, the inspection vessel remains at a safe distance from fishing vessels;

• (d) do not require the fishing vessel to stop or manoeuvre when towing, shooting or hauling;

• (e) limit each inspection team to a maximum of four inspectors including any inspection trainee who may accompany the inspection team for training purposes only. Where an inspection trainee accompanies the inspectors, inspectors shall, upon boarding, identify the trainee to the master of the vessel. The inspection trainee shall simply observe the inspection operation conducted by the authorised inspectors and shall in no way interfere with the activities of the fishing vessel;

• (f) upon boarding, present to the master of the vessel their NAFO documents of identity issued by the NAFO Executive Secretary in accordance with Article 32.3(b) of the CEM;

• (g) limit inspections to four hours, or the time required for the net to be hauled in and both the net and the catch to be inspected, whichever is longer, except:
• (i) in the case of an infringement; or
• (ii) where the inspector estimates the quantity of catch on board to be different from the quantity of catch recorded in the fishing logbook, in which case the inspector will limit the inspection to one additional hour with a view to verifying calculations and procedures, and re-examining the relevant documentation used to calculate the catch taken in the Regulatory Area and the catch on board the vessel;

• (h) gather any relevant information used for identifying compliance with this Regulation provided by the observer.

Article 32

Obligations of the master of the vessel during inspection

Every master of the vessel shall take the necessary measures as may be required to facilitate inspection by:

• (a) ensuring, where an inspection vessel has signalled that an inspection is about to commence, that any net about to be hauled is not taken on board for at least 30 minutes following the signal from the inspection vessel;

• (b) upon request by an inspection platform and to the extent compatible with good seamanship, facilitating boarding by the inspectors;

• (c) providing a boarding ladder in accordance with Annex IV.G to the CEM referred to in point 40 of the Annex to this Regulation;

• (d) ensuring any mechanical pilot hoist is fit for use in a safe manner including safe access between the hoist to the deck;

• (e) providing the inspectors access to all relevant areas, decks and rooms, processed and unprocessed catch, nets or other gear, equipment, and any relevant documents which they consider necessary to verify compliance with this Regulation;

• (f) recording and providing to inspectors upon request, coordinates pertaining to the start and end locations of any trial tow conducted in accordance with point (iii) of point (b) of Article 8(1);

• (g) upon request of the inspector, producing registration documents, drawings or descriptions of fish rooms, production logbooks and stowage plans and rendering such assistance as the inspector reasonably requires to ascertain that actual stowage of catch conforms with the stowage plan;

• (h) refraining from interfering with any contact between the inspectors and the observer including respecting the privacy necessary for the inspectors and the observer to perform their duties;

• (i) facilitating the taking of samples of processed fish by inspectors, for the purpose of species identification through DNA analysis;

• (j) taking such action as may be necessary to preserve the integrity of any seal affixed by the inspectors and of any evidence remaining on board, until otherwise directed by the flag State;

• (k) to secure the continuity of evidence, where seals have been affixed and/or evidence has been secured, signing the appropriate section of the inspection report acknowledging the placement of seals;

• (l) ceasing fishing when requested to do so by the inspectors in accordance with point (b) of Article 35(2);

• (m) providing, upon request, the use of the vessel's communication equipment and operator for messages to be sent out and received by the inspectors;

• (n) at the request of the inspectors, removing any part of the fishing gear which appears to be unauthorised under this Regulation;

• (o) where the inspectors have made any entries in the logbooks, providing the inspector with a copy of each page where such entry appears, and at the request of the inspectors, signing each page to confirm that it is a true copy; and

• (p) when requested to cease fishing, not resuming fishing until:
• (i) the inspectors have completed the inspection and secured any evidence; and
• (ii) the master of the vessel has signed the appropriate section of the inspection report as referred to in point (k).

Article 33

Inspection report and follow-up

• (a) a fishing trip shall be considered to be current where the inspected vessel has on board catch harvested in the Regulatory Area during the trip;

• (b) when comparing entries in the production logbook with entries in the fishing logbook the inspectors shall convert production weight into live weight guided by conversion factors set out in Annexes XIII, XIV and XV to Commission Implementing Regulation (EU) No 404/2011 ([^E0005]) for Union fishing vessels in respect of species and presentations covered by those Annexes and the conversion factors used by the master of the vessel in other cases;

• (c) the inspectors shall:
• (i) summarise from logbook records the vessel's catch in the Regulatory Area by species and by Division for the current fishing trip;
• (ii) record summaries as well as differences between the recorded catch and their estimates of the catch on board in the appropriate sections of the inspection report;
• (iii) upon completion of the inspection, sign the inspection report and present the inspection report to the master of the vessel for signature and comment, and to any witness who may wish to submit a statement;
• (iv) immediately notify their competent authority and transmit to it the information and images within 24 hours, or at the earliest opportunity; and
• (v) provide a copy of the report to the master of the vessel, duly noting in the appropriate section of the inspection report any refusal by the master of the vessel to acknowledge receipt.

• (a) send to EFCA the at sea inspection report, if possible within 20 days of the inspection, which shall submit it to the NAFO Executive Secretary;

• (b) comply with the procedure referred to in Article 34(2), after the inspectors issue a notice of an infringement.

Article 34

Procedures relating to infringements

• (a) record the infringement in the inspection report;

• (b) enter and sign a notation in the fishing logbook or other relevant document of the inspected vessel indicating the date, geographical coordinates, and nature of the infringement, make a copy of any relevant entry and request that the master of the vessel sign each page to verify that it is a true copy of the original;

• (c) record images of any gear, catch, or other evidence the inspector deems necessary relating to the infringement;

• (d) affix securely the inspection seal depicted in NAFO Inspection Seal provided in Annex IV.F to the CEM referred to in point 42 of the Annex to this Regulation, as appropriate, and duly note the action taken and the serial number of each seal in the inspection report;

• (e) request the master of the vessel:
• (i) in order to secure the continuity of evidence, to sign the appropriate section of the inspection report acknowledging the placement of seals; and
• (ii) to give a written statement in the appropriate section of the inspection report;

• (f) request that the master of the vessel remove any part of the fishing gear which appears to be unauthorised under this Regulation; and

• (g) notify any observer on board of the infringement.

• (a) within 24 hours from detection of the infringement, transmit to the Commission and EFCA, which shall in turn transmit to the competent authority of the flag State Contracting Party or Member State if different from the inspecting Member State, and the NAFO Executive Secretary, written notification of the infringement reported by its inspectors. The written notification shall include the information entered in the Infringement section of the inspection report in Annex IV.B to the CEM referred to in point 41 of the Annex to this Regulation, cite the relevant measures and describe in detail the basis for issuing the notice of infringement, and the evidence in support of the notice, and where possible, be accompanied by images of any gear, catch or other evidence relating to the infringement referred to in paragraph 1 of this Article;

• (b) within five days of the inspection vessel's return to port, transmit the inspection report to the Commission and EFCA;

EFCA shall submit the inspection report to the NAFO Executive Secretary.

Article 35

Additional procedures for serious infringements

• (a) fishing the ‘Others’ quota without prior notification to the Commission and EFCA in contravention of Article 5;

• (b) fishing an ‘Others’ quota more than five working days following closure of the fishery in contravention of Article 5;

• (c) directed fishing for a stock which is subject to a moratorium, or for which fishing is otherwise prohibited, in contravention of Article 6;

• (d) directed fishing for stocks or species after the date of closure of the fishery by the flag Member State notified to the Commission, in contravention of Article 6;

• (e) fishing in closed area, in contravention of Article 9(5) or Article 18;

• (f) fishing with a bottom fishing gear in an area closed to bottom fishing activities, in contravention of Chapter III;

• (g) fishing with an unauthorised mesh size, grid or grate bar spacing, or without the use of sorting grids or grates, in contravention of Article 13 or Article 14;

• (h) fishing without a valid authorisation;

• (i) mis-recording of catches in contravention of Article 25;

• (j) failing to carry or interfering with the operation of the satellite monitoring system in contravention of Article 26;

• (k) failure to communicate messages relating to catch in contravention of Article 12(1) or Article 25;

• (l) obstructing, intimidating, interfering with or otherwise preventing inspectors or observers from performing their duties, or exerting any other form of indirect pressure;

• (m) committing an infringement where there is no observer on board;

• (n) concealing, tampering with or disposing of evidence relating to an investigation, including the breaking or tampering of seals or gaining access to sealed areas;

• (o) presentation of falsified documents or providing false information to an inspector that would prevent a serious infringement from being detected;

• (p) landing, transhipment or making use of other port services:
• (i) in a port not designated in accordance with the provisions of Article 39(1); or
• (ii) without authorisation of the port State referred to in Article 39(6);

• (q) failure to comply with the provisions of Article 41(1);

• (r) failure to carry an observer, if this is required.

• (a) take all measures necessary to ensure security and continuity of evidence, including, as appropriate, sealing the vessel's hold and/or fishing gear for further inspection;

• (b) request that the master of the vessel cease all fishing activity that appears to constitute a serious infringement; and

• (c) immediately notify the inspector's competent authority, and transmit to it the information, and where possible images, within 24 hours. The competent authority receiving this information shall notify the flag State Contracting Party or Member State if different from the inspecting Member State in accordance with Article 34.

• (a) acknowledge receipt of the related information and images without delay;

• (b) ensure the inspected vessel does not resume fishing until further notification;

• (c) using all information and material available, review the case and, within 72 hours require the vessel to proceed immediately to a port for a full inspection under its authority, if any of the following serious infringements are apparent:
• (i) directed fishing for a stock which is subject to a moratorium;
• (ii) directed fishing for a stock for which fishing is prohibited under Article 6;
• (iii) mis-recording of catch, in contravention of Article 25; or
• (iv) repetition of the same serious infringement during a 6-month period.

• (a) allow the vessel to resume fishing. In such a case, the flag Member State shall not later than two days following the notice of infringement provide written justification to the Commission on why the vessel has not been ordered to port. The commission shall transmit that justification to the NAFO Executive Secretary; or

• (b) require the vessel to proceed immediately to a port for a full physical inspection, under its authority.

Article 36

Follow-up to infringements

• (a) investigate fully, including, if necessary, by physically inspecting the fishing vessel at the earliest opportunity;

• (b) cooperate with the inspecting NAFO Contracting Party or inspecting Member State if different from the flag Member State to preserve the evidence and the chain of custody in a form that will facilitate proceedings in accordance with its laws;

• (c) take immediate judicial or administrative action in conformity with its national legislation against the persons responsible for the vessel; and

• (d) ensure that sanctions applicable in respect of infringements, and to the extent possible under national legislation for repeated serious infringements, in particular those identified under Article 35(3), point (c) (iii) and (iv), are adequate in severity to be effective in securing compliance, deterring further infringements or their repetition and depriving the offenders of the benefits accruing from the infringement.

• (a) fines;

• (b) seizure of the vessel, illegal fishing gear and catches;

• (c) suspension or withdrawal of authorisation to conduct fishing activities; and

• (d) reduction or cancellation of any fishing allocations;

• (e) increased or additional reporting requirements, such as enhanced reporting frequency or additional data to be reported; and

• (f) increased or additional monitoring requirements, such as the deployment of an observer or an inspector on board or the installation of remote electronic monitoring implemented in accordance with relevant technical specifications for fishing vessels operating in the Regulatory Area.

• (a) the judicial or administrative action and sanctions referred to in points (c) and (d) of paragraph 1;

• (b) as soon as practicable but no later than four months following the occurrence of a serious infringement, a report setting out the progress of the investigation, including details of any action it has taken or has initiated in relation to the infringement; and

• (c) upon completion of its investigation, a report on the final outcome.

Article 37

Member State reports on inspection, surveillance and infringements

• (a) the number of inspections of fishing vessels flying its flag and fishing vessels flying the flag of another NAFO Contracting Party it carried out in the previous calendar year;

• (b) the name of every fishing vessel in relation to which its inspectors have issued a notice of infringement, including the date and position of the inspection and the nature of the infringement;

• (c) the number of hours flown by its surveillance aircraft on patrol, the number of sightings made by such aircraft, the number of surveillance reports it has transmitted and, for each such report, the date, time and position of the sightings;

• (d) the action it has taken during the previous year, including a description of the specific terms of any judicial or administrative actions or sanctions imposed (for example the amount of fines, value of forfeited fish and/or gear, written warnings given), concerning:
• (i) every infringement cited by an inspector relating to vessels flying its flag; and
• (ii) each surveillance report it has received.

By 1 March each year, the Commission shall transmit the information referred to in the first subparagraph to the NAFO Executive Secretary.

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

• (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.

• (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.

• (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.

• (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.

Article 40

Duties of the flag Member State

• (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.

Article 41

Obligations of the master of the vessel

• (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.

• (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.

CHAPTER IX NON-CONTRACTING PARTY

Article 44

Presumption of IUU fishing

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:

• (a) sighted or identified by other means as engaged in fishing activities in the Regulatory Area;

• (b) 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

• (c) included in the IUU list of the Commission for the Conservation of Antarctic Marine Living Resources ([^E0006]), the Commission for the Conservation of Southern Bluefin Tuna ([^E0007]), the Inter-American Tropical Tuna Commission ([^E0008]), the International Commission for the Conservation of Atlantic Tunas ([^E0009]), the Indian Ocean Tuna Commission ([^E0010]), the General Fisheries Commission for the Mediterranean ([^E0011]), the North East Atlantic Fisheries Commission ([^E0012]), the North Pacific Fisheries Commission ([^E0013]), the South East Atlantic Fisheries Organisation ([^E0014]), the Southern Indian Ocean Fisheries Agreement ([^E0015]), the South Pacific Regional Fisheries Management Organisation ([^E0016]) or the Western and Central Pacific Fisheries Commission ([^E0017]).

Article 45

Sighting and inspection of non-Contracting Party vessels in the Regulatory Area

Each Member State or, when appropriate, EFCA, 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:

• (a) 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;

• (b) 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;

• (c) if appropriate, request permission from the master of the vessel to board the vessel for inspection; and

• (d) where the master of the vessel agrees to inspection:
• (i) 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
• (ii) provide a copy of the inspection report to the master of the vessel.

Article 46

Port entry and inspection of non-Contracting Party vessels

• (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:
• (i) the master of the vessel has not fulfilled the requirements set out in Article 41(1); or
• (ii) 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.

Article 47

Provisional IUU vessel list

Article 48

Action against vessels listed in the 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:

• (a) 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;

• (b) prohibiting the supply of provisions, fuel or other services to such vessel;

• (c) 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;

• (d) prohibiting change of crew, except as required in relation to force majeure;

• (e) refusing to authorise such vessel to fish in waters under its national jurisdiction;

• (f) prohibiting chartering of such vessel;

• (g) refusing to entitle such vessels to fly its flag;

• (h) prohibiting landing and importation of fish from onboard or traceable to such vessel;

• (i) encouraging importers, transporters and other sectors concerned, to refrain from negotiating transhipment of fish with such vessels; and

• (j) 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.

CHAPTER X FINAL PROVISIONS

Article 49

Confidentiality

In addition to the obligations laid down in Articles 112 and 113 of Regulation (EC) No 1224/2009, Member States shall ensure confidential treatment of electronic reports and messages transmitted to and received from NAFO pursuant to point (a) of Article 4(2), Article 4(6), point (c) of Article 5(3), Article 10(2), Article 15(4), Article 22(1), (5) and (6), Article 23(6), Article 25(8), Article 26(9), Article 27(3), (5), (6), (7) and (15), Article 29(1) and (2), Article 34(2), Article 36(4), Article 37(1) and Article 39(8).

Article 50

Procedure for amendments

• (a) the list of activities of research vessels referred to in Article 4(1);

• (b) measures provided for in Article 9 relating to Northern prawn fishing areas; relevant reporting, change of fishery, fishing depths and references to restricted or closed areas;

• (c) procedures concerning vessels with more than 50 tonnes live weight total catch on board, entering the Regulatory Area to fish for Greenland halibut as regards the content of notifications provided for in Article 10(2), points (a) and (b), conditions for commencement of fishing provided for in Article 10(2), point (d), and provisions on landing and inspection concerning Greenland halibut provided for in Article 10(1), point (e);

• (d) the content of the electronic transmission set out in Article 22(5), the list of valid documents to be carried on board a vessel in accordance with Article 22(8) and the content of the capacity plan described in Article 22(10);

• (e) documentation to be carried on board a chartered vessel in accordance with Article 23(9);

• (f) the VMS data to be transmitted by automatic continuous transmission as set out in Article 26(1), as well as duties concerning FMC as set out in Article 26(2) and (9);

• (g) percentage rates for observer coverage as set out in Article 27(3), reporting by Member States as set out in Article 27(7), duties of an observer as set out in Article 27(11), and duties of the master of the vessel as set out in in Article 27(12);

• (h) obligations of the master of the vessel during inspection, as set out in Article 32;

• (i) mesh sizes set out in Article 13(2);

• (j) technical specifications for sorting grids, grates and toggle chains in the Northern prawn fishery set out in Article 14(2) as well as technical specifications for sorting grids or attachments set out in Article 14(3) or (3a);

• (k) area or period restrictions for bottom fishing activities set out in Article 18;

• (l) control measures for cod in Division 3M as provided for in Article 9a;

• (m) flag Member State duties in relation to research plans referred to in Article 4(2);

• (n) requirements for vessels engaged in the research referred to in Article 4(3), (4), and (5).

Article 51

Exercise of the delegation

Article 52

Repeal

Regulation (EC) No 2115/2005 and Regulation (EC) No 1386/2007 are hereby repealed.

Article 54

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 53 shall apply from 21 June 2019.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

• (1) Table 4 of the CEM referred to in point 17 of Article 3 and in Article 17;

• (2) Figure 2 of the CEM referred to in point 17 of Article 3 and in Article 17;

• (3) Part VI of Annex I.E to the CEM referred to in point 21 of Article 3, in Article 21(2) and in point (i) of point (a) of Article 27(11);

• (4) Part VII of Annex I.E to the CEM referred to in point 29 of Article 3;

• (5) Format prescribed in Annex II.C to the CEM referred to in point (a) of Article 4(2);

• (6) Table 1 and Figure 1(1) of the CEM referred to in Article 9(1);

• (7) Table 2 and Figure 1(2) of the CEM referred to in Article 9(4);

• (8) Table 3 and Figure 1(3) of the CEM referred to in Article 9(5);

• (9) Format prescribed in Annex IV.C to the CEM referred to in point (e) of Article 10(1), point (c) of Article 27(3) and Article 39(16);

• (10) Annex III.A to the CEM referred to in Article 13(1);

• (11) Annex I.C to the CEM referred to in point (d) of Article 13(2), in point (b) of Article 24(1) and in the second subparagraph of Article 25(6);

• (12) Annex III.B to the CEM referred to in Article 14(2) and (3);

• (13) Annex I.D to the CEM referred to in Article 16(1) and (2);

• (14) Figure 3 of the CEM referred to in Article 18(1);

• (15) Table 5 of the CEM referred to in Article 18(1);

• (16) Figure 4 of the CEM referred to in Article 18(2);

• (17) Table 6 of the CEM referred to in Article 18(2);

• (18) Figure 5 of the CEM referred to in Article 18(3) and (4);

• (19) Table 7 of the CEM referred to in Article 18(3) and (4);

• (20) Exploratory protocol in Annex I.E to the CEM referred to in Article 19(1);

• (21) Notice of Intent to Undertake Exploratory Bottom Fishing' in Annex I.E to the CEM referred to in point (a) of Article 19(2);

• (22) Exploratory Bottom Fishing Trip Report in Annex I.E to the CEM referred to in point (b) of Article 19(2);

• (23) Elements for assessment of proposed exploratory bottom fishing activities in Annex I.E to the CEM referred to in point (b) of Article 20(2);

• (24) Exploratory Fishery Data Collection Form in Annex I.E to the CEM referred to in point (a) of Article 21(4);

• (25) Format prescribed for list of vessels in Annex II.C1 to the CEM referred to in point (a) of Article 22(1);

• (26) Format prescribed for deletion from the list of vessels in Annex II.C2 to the CEM referred to in point (b) of Article 22(1);

• (27) Format specified for individual authorisation for each vessel in Annex II.C3 to the CEM referred to in point (a) of Article 22(5);

• (28) Format prescribed for suspension of the authorisation in Annex II.C4 to the CEM referred to in point (b) of Article 22(5);

• (29) List of product form presentation codes in Annex II.K to the CEM referred to in point (e) of Article 24(1);

• (30) Model for fishing logbook in Annex II.A to the CEM referred to in Article 25(2);

• (31) Format for catch report in Annex II.D to the CEM referred to in Article 25(6) and (8) and in point (b) of Article 26(9);

• (32) Format for cancellation of catch report in Annex II.F to the CEM referred to in Article 25(6) and (7);

• (33) Annex II.N to the CEM referred to in point (b) of Article 25(9);

• (34) Format for data exchange in Annex II.E to the CEM referred to in point (b) of Article 26(9);

• (35) Observer report in Annex II.M to the CEM referred to in points (a) of Article 27(11);

• (36) Report in Annex II.G to the CEM transmitted daily by the observer as referred to in point (e) of Article 27(11);

• (37) Rules on confidentiality in Annex II.B to the CEM referred to in Article 28(10) and Article 43;

• (38) Surveillance Report Form in Annex IV.A to the CEM referred to in point (a) of Article 30(1) and point (a) of Article 45;

• (39) Image of pennant in Annex IV.E to the CEM referred to in point (b) of Article 31;

• (40) Rules on provision of boarding ladder in Annex IV.G to the CEM referred to in point (c) of Article 32;

• (41) Inspection report in Annex IV.B to the CEM referred to in Article 33(1), point (a) of Article 34(2) and point (d) of Article 45;

• (42) NAFO Inspection Seal in Annex IV.F to the CEM referred to in point (d) of Article 34(1);

• (43) Port State Control Prior Request Form in Annex II.L to the CEM referred to in Article 39(8) and point (iii) of point (a) of Article 39(13), Article 40(2) and Article 41(1) and (2);

• (44) Annex IV.H to the CEM on inspections referred to in Article 39(11);

• (45) Annex II.H of the CEM on the procedure for granting access to individuals within Contracting Parties to the MCS Website.

[^E0001]: Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).

[^E0002]: Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).

[^E0003]: Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

[^E0004]: Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 2019 on the European Fisheries Control Agency (OJ L 83, 25.3.2019, p. 18).

[^E0005]: Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1).

[^E0006]: The Convention on the conservation of Antarctic marine living resources drawn up at Canberra on 20 May 1980 and entered into force on 7 April 1982 (OJ L 252, 5.9.1981, p. 27).

[^E0007]: The Convention for the Conservation of Southern Bluefin Tuna done in Canberra on 10 May 1993 and entered into force on 20 May 1994 (OJ L 336, 23.12.2015, p. 27).

[^E0008]: The Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (Antigua Convention) done in Washington on 14 November 2003 and entered into force on 27 August 2010 (OJ L 224, 16.8.2006, p. 24).

[^E0009]: The International Convention for the Conservation of Atlantic Tunas done at Rio de Janeiro on 14 May 1966 and entered into force on 21 March 1969 (OJ L 162, 18.6.1986, p. 34).

[^E0010]: The Agreement for the establishment of the Indian Ocean Tuna Commission signed in Rome on 25 November 1993 and entered into force on 27 March 1996 (OJ L 236, 5.10.1995, p. 25).

[^E0011]: Agreement establishing the General Fisheries Commission for the Mediterranean originally formulated at Rome on 24 September 1949 and entered into force on 20 February 1952 (OJ L 190, 4.7.1998, p. 37).

[^E0012]: The Convention on future multilateral cooperation in North-East Atlantic fisheries signed in London on 18 November 1980 and entered into force on 17 March 1982, to which the European Community acceded on 13 July 1981 (OJ L 227, 12.8.1981, p. 21).

[^E0013]: The Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean done at Tokyo on 24 February 2012 and entered into force on 19 July 2015 (OJ L 55, 28.2.2022, p. 14).

[^E0014]: The Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean done at Windhoek, Namibia, on 20 April 2001 and entered into force on 13 April 2003 (OJ L 234, 31.8.2002, p. 40).

[^E0015]: The Southern Indian Ocean Fisheries Agreement signed in Rome on 7 July 2006 and entered into force on 21 June 2012 (OJ L 196, 18.7.2006, p. 15).

[^E0016]: The Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean done at Auckland on 14 November 2009 and entered into force on 24 August 2012 (OJ L 67, 6.3.2012, p. 3).

[^E0017]: The Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean done at Honolulu on 5 September 2000 and entered into force on 19 June 2004 (OJ L 32, 4.2.2005, p. 3).