Regulation (EU) 2021/1231 of the European Parliament and of the Council of 14 July 2021 amending Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation

‘2 Member States may permit fishing vessels flying their flag to fish for stocks for which the Union has not been allocated a quota in accordance with the fishing opportunities in force (the “Others” quota), if such quota exists and notification of closure has not been given by the NAFO Executive Secretary.’;

1 The following control measures shall apply to vessels with more than 1250 kg of cod catches from Division 3M on board: (a) vessels shall land or tranship their cod catches from Division 3M only in ports designated in accordance with Article 39; (b) at least 48 hours before its estimated time of arrival in port, a vessel or its representative on its behalf shall advise the competent port authority of its estimated time of arrival, the estimated quantity of cod catches from Division 3M retained on board, and information on the Division or Divisions where any other cod catches retained on board were taken; (c) each Member State shall inspect each landing or transhipment of cod catches from Division 3M in its ports and prepare an inspection report in the format prescribed in Annex IV.C to the CEM referred to in point 9 of the Annex to this Regulation, and send it to the NAFO Executive Secretary, with the Commission and EFCA in copy, within 12 working days from the date on which the inspection was completed. That report shall identify and provide details of any infringement of this Regulation detected during the port inspection. It shall include all relevant information available with regard to infringements detected at sea during the current trip of the inspected fishing vessel.

2 Each Member State shall inspect vessels with less than 1250 kg of cod catches from Division 3M on board on a risk management basis.

3 The Commission or a body designated by it shall ensure that the information referred to in point (c) of paragraph 1 is transmitted to the NAFO Executive Secretary without delay, for posting on the MCS website.’;

1 Until 31 December 2021, no vessel shall engage in bottom fishing activities in any of the areas illustrated in Figure 3 of the CEM referred to in point 14 of the Annex to this Regulation, and defined by connecting the coordinates specified in Table 5 of the CEM referred to in point 15 of the Annex to this Regulation, in their numerical order and back to coordinate 1.

2 Until 31 December 2021, no vessel shall engage in bottom fishing activities in the area of Division 3O illustrated in Figure 4 of the CEM referred to in point 16 of the Annex to this Regulation, and defined by connecting the coordinates specified in Table 6 of the CEM referred to in point 17 of the Annex to this Regulation, in their numerical order and back to coordinate 1.

3 Until 31 December 2021, no vessel shall engage in bottom fishing activities in areas 1-13 illustrated in Figure 5 of the CEM referred to in point 18 of the Annex to this Regulation, and defined by connecting the coordinates specified in Table 7 of the CEM referred to in point 19 of the Annex to this Regulation, in numerical order and back to coordinate 1.’;

1 For the purpose of this Article, “chartering Contracting Party” refers to the Contracting Party that holds an allocation as indicated in Annex I.A and Annex I.B to the CEM, or the Member State that holds a fishing opportunities allocation, and “flag State Contracting Party” refers to the Contracting Party or to the Member State in which the chartered vessel is registered.

2 All or part of the fishing allocation of a chartering Contracting Party can be harvested using a chartered authorised vessel (“chartered vessel”) flying the flag of another Contracting Party, subject to the following conditions: (a) the flag State Contracting Party has consented in writing to the chartering arrangement; (b) the chartering arrangement is limited to one fishing vessel per flag State Contracting Party in any calendar year; (c) the duration of the fishing operations under the chartering arrangement does not exceed six months cumulatively in any calendar year; and (d) the chartered vessel is not a vessel that has previously been identified as having engaged in IUU fishing.

3 All catch and by-catch taken by the chartered vessel in accordance with the chartering arrangement shall be attributed to the chartering Contracting Party.

4 The flag State Contracting Party shall not authorise the chartered vessel, when conducting fishing operations under the chartering arrangement, to fish any of the flag State Contracting Party’s allocations or under another charter at the same time.

5 No transhipment at sea may be carried out without the prior authorisation of the chartering Contracting Party, which shall ensure that it is carried out under the supervision of an observer on board.

6 The flag State Contracting Party shall notify the NAFO Executive Secretary in writing prior to the start of the chartering arrangement of its consent to the chartering arrangement and provide to the chartered vessel a copy of the notice issued by the NAFO Executive Secretary with the details of the chartering.

6a Where the chartered vessel is a Union fishing vessel, the flag Member State shall notify the Commission in writing prior to the start of the chartering arrangement. Where the Commission considers that the relevant conditions established in the CEM are met, it shall notify the NAFO Executive Secretary of the consent to the chartering arrangement.

6b The chartering Contracting Party shall, before the date the chartering arrangement is effective, provide the following information in writing to the NAFO Executive Secretary and to the chartered vessel, which shall at all times carry a copy on board: (a) the name, flag State registration, IMO number and flag State of the vessel; (b) previous name(s) and flag State(s) of the vessel, if any; (c) the name and address of the owner(s) and operators of the vessel; (d) a copy of the chartering arrangement and any fishing authorisation or licence the chartering Contracting Party has issued to the chartered vessel; and (e) the allocation assigned to the vessel.

6c Where the chartering Contracting Party is the Union, the chartering Member State shall notify the information referred to in paragraph 6b to the Commission before the chartering arrangement becomes effective. Where the Commission considers that the relevant conditions established in the CEM are met, it shall transmit the information to the NAFO Executive Secretary.

7 Where the chartered vessel is a Union fishing vessel, the flag Member State shall notify the Commission immediately upon the occurrence of any of the following events: (a) start of fishing operations under the chartering arrangement; (b) suspension of fishing operations under the chartering arrangement; (c) resumption of fishing operations under a chartering arrangement that has been suspended; (d) end of fishing operations under the chartering arrangement.

8 The flag State Contracting Party shall maintain a separate record of catch and by-catch data from fishing operations in accordance with every charter of a vessel flying its flag and report them to the Commission, which shall transmit it to the chartering Contracting Party and the NAFO Executive Secretary.’;

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.’;

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