Council Regulation (EC) No 51/2006Show full title

17. Establishment of GFCM record of vessels over 15 m

17.1. Before 1 June 2006 each Member State shall send the Commission, through the accustomed data-processing support, a list of the vessels of more than 15 metres overall length flying its flag and registered in its territory that it authorises to fish in the GFCM area by issue of a fishing permit.

17.2. The list indicated in paragraph 17.1. shall include the following information:

(a)

vessel's Community fleet register number, and external marking as defined in Annex I to Regulation (EC) No 26/2004;

(b)

period authorised for fishing and/or transhipment;

(c)

fishing gears used.

17.3. The Commission shall send the list to the GFCM Executive Secretariat before 1 July 2006 so that these vessels can be entered on the GFCM register of vessels more than 15 metres in overall length authorised to fish in the GFCM Agreement area (hereinafter referred to as the ‘GFCM register’).

17.4. Any change to be made to the list indicated in paragraph 17.1. shall be notified to the Commission for transmission to the GFCM Executive Secretariat, the same procedure applying, at least 10 working days before the vessel begins fishing activity in the GFCM area.

17.5. Community fishing vessels more than 15 metres in overall length that are not entered on the list indicated in paragraph 17.1. shall not fish, retain on board, tranship or land any type of fish and shellfish within the GFCM area.

17.6. Member States shall take the necessary measures to ensure that:

(a)

only vessels flying their flag that are included in the list indicated in paragraph 17.1. and hold on board a fishing permit issued by them are authorised, on the terms of the permit, to carry out fishing activities in the GFCM area;

(b)

no fishing permit is issued to vessels that have carried out illegal, unregulated and unreported fishing (IUU fishing) in the GFCM area or elsewhere, unless the new owners provide adequate documentary evidence that the previous owners and operators have no longer any legal, beneficial or financial interest in, or exercise any control over, their vessels, or that their vessels neither take part in nor are associated with IUU fishing;

(c)

to the extent possible, their national legislation prohibits owners and operators of vessels flying their flag that are included in the list indicated in paragraph 17.1. from taking part in or being associated with fishing activities in the GFCM Agreement area by vessels not on the GFCM register;

(d)

to the extent possible, their national legislation requires owners of vessels flying their flag that are included in the list indicated in paragraph 17.1. to be nationals or legal entities within the flag Member State;

(e)

their vessels comply with all the relevant GFCM conservation and management measures.

17.7. Member States shall take the necessary measures to prohibit fishing, retention on board, transhipment and landing of fish and shellfish caught in the GFCM area by vessels more than 15 metres in overall length that are not on the GFCM register.

17.8. Member States shall without delay pass on to the Commission any information showing that there are strong reasons for suspecting that vessels more than 15 metres in overall length that are not on the GFCM register are fishing for or transhipping fish and shellfish in the GFCM Agreement area.