Commission Implementing Regulation (EU) No 433/2012 of 23 May 2012 laying down detailed rules for the application of Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries

For the purposes of this Regulation, the following definitions shall apply: (a) ‘position message’ means the report on the position of a vessel automatically transmitted by the satellite-tracking device of the vessel to the Fisheries Monitoring Centre of the flag Member State; (b) ‘position report’ means the report made by the master of a vessel as provided for in Article 25 of Commission Implementing Regulation (EU) No 404/2011 ; (c) ‘CFR number’ means the Community Fleet Register identification number of the vessel as referred to in Article 10 of Commission Regulation (EC) No 26/2004 .

1 Member States shall send the information concerning contact points, as referred to in Article 4(3) and (4) of Regulation (EU) No 1236/2010, to the NEAFC Secretary and to the European Fisheries Control Agency (the ‘Agency’) in computer-readable form.

2 Member States shall publish the information referred to in paragraph 1 on the secure part of their website established by Articles 114 and 116 of Regulation (EC) No 1224/2009.

1 The list referred to in Article 5(1) of Regulation (EU) No 1236/2010 shall include the vessels authorised to fish for one or more regulated resources, broken down by species. Where applicable, the list shall refer to the CFR number allocated to each vessel.

2 Member States shall immediately inform the Commission, by computer transmission, of vessels for which the authorisation to fish in the Regulatory Area has been withdrawn or suspended.

1 In addition to the information specified in Article 14 of Regulation (EC) No 1224/2009, the fishing logbook referred to in Article 8 of Regulation (EU) No 1236/2010 shall contain the information set out in Part A of Annex I to this Regulation.

2 The production logbook referred to in Article 8(2) and (3) of Regulation (EU) No 1236/2010 shall be as set out in Part B of Annex I.

3 The stowage plan referred to in Article 8(2) and (3) shall be as set out in Part C of Annex I.

4 The code to be used for each species is the code established by the Food and Agriculture Organisation of the United Nations (FAO) as set out in Annex II.

Member States shall use the format and the specifications for the transmissions to the NEAFC Secretary under Articles 9 and 11 of Regulation (EU) No 1236/2010 as set out in Annex III.

Member States shall transmit the data under Article 10, paragraphs 1 and 2 of Regulation (EU) No 1236/2010 in XML format.

The Agency is designated to: (a) coordinate the surveillance and inspection activities referred to in Article 17(1) of Regulation (EU) No 1236/2010; (b) receive, send and forward the notifications referred to in Articles 18(2), 19(1) and 20(9) of Regulation (EU) No 1236/2010; (c) keep the record referred to in Article 18(4) of Regulation (EU) No 1236/2010.

1 The special identity document referred to in Article 16(2) of Regulation (EU) No 1236/2010 shall comply with the model set out in Part A of Annex IV.

2 The inspection special signal referred to in Article 18(3) of Regulation (EU) No 1236/2010 shall comply with the model set out in Part B of Annex IV.

Member States shall send to the Agency the information related to the date and hour of the start and termination of the activities of inspection vessels and aircraft referred to in Article 18(4) of Regulation (EU) No 1236/2010 in accordance with the form set out in Annex V.

1 The sighting reports referred to in Article 19(1) of Regulation (EU) No 1236/2010 shall be transmitted using the form set out in Part A of Annex VI.

2 The surveillance reports referred to in Article 19(2) of Regulation (EU) No 1236/2010 shall be drawn up using the form set out in Part B of Annex VI.

The inspection reports referred to in Article 20(9) of Regulation (EU) No 1236/2010 shall be drawn up in accordance with the format set out in Annex VII.

The prior notification referred to in Article 24 of Regulation (EU) No 1236/2010 shall be made by means of the Port State Control (PSC) form provided for in Annex VIII with Part A duly completed as follows: (a) the form PSC 1 shall be used where the vessel is landing its own catches; (b) the form PSC 2 shall be used where the vessel is engaged in transhipment operations. In such cases a separate form shall be used for each donor vessel.

When returning a copy of the prior notification in accordance with Article 25 of Regulation (EU) No 1236/2010, the flag Member State shall use the PSC form provided for in Annex VIII with Part B duly completed.

The inspection reports referred to in Article 27 of Regulation (EU) No 1236/2010 shall be drawn up in accordance with the form set out in Annex IX and transmitted to the NEAFC Secretary with a copy to the Commission.

The Agency is designated to receive, send and forward the information referred to in Articles 29, 30, 32, 33, 34, 36 and 43 of Regulation (EU) No 1236/2010.

The data exchange formats and protocols referred to in Article 12(2) of Regulation (EU) No 1236/2010 to be used for transmission of reports and information to the NEAFC Secretary shall comply with the rules set out in Annex X; the corresponding codes to be used in communication with the NEAFC Secretary are as set out in Annex XI.

1 This Section lays down detailed rules on confidentiality for the implementation of Article 45 of Regulation (EU) No 1236/2010. It shall apply to all electronic reports and messages under this Regulation with the exception of the global reporting of catches referred to in Article 6 of this Regulation.

2 Each Member State shall, where necessary, at the request of the NEAFC Secretary, rectify or erase electronic reports or messages the processing of which does not comply with Regulation (EU) No 1236/2010 and this Regulation.

3 The electronic reports and messages shall be used only for the purposes specified in the Scheme laid down by Regulation (EU) No 1236/2010.

1 Member States carrying out an inspection may retain and store electronic reports and messages transmitted by the NEAFC Secretary within 24 hours of the departure of the vessels, to which the data pertain, from the Regulatory Area without re-entry. Departure shall be deemed to have been effected six hours after the transmission of the intention to exit from the Regulatory Area.

2 Member States carrying out an inspection shall ensure the secure processing of electronic reports and messages in their respective electronic data processing systems, in particular where the processing involves transmission over a network.

3 Member States shall adopt appropriate technical and organisational measures to protect electronic reports and messages against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against all inappropriate forms of processing.

4 Member States carrying out an inspection shall make the electronic reports and messages available for inspection purposes and only to inspectors assigned to the Scheme laid down by Regulation (EU) No 1236/2010.

1 Data processing systems used by Member States, the Commission and the Agency shall comply with the minimum security requirements set out in Part A of Annex XII.

2 For their main computer systems Member States shall meet the criteria set out in Part B of Annex XII.

3 The https protocol shall be used for communication of data covered by the Scheme laid down by Regulation (EU) No 1236/2010. When such data are communicated, appropriate encryption protocols shall be applied to ensure confidentiality and authenticity.

4 Access limitation to the data shall be secured via a flexible user identification and password mechanism. Each user shall be given access only to the data necessary for his/her task.

5 The technical standards for electronic data exchange between Member States, the Commission and the Agency may be laid down in consultation with the Member States, the Commission and the Agency.

Regulation (EC) No 1085/2000 is repealed.

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