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

Article 35 Chartering of Community vessels

1. Member States may assent that a fishing vessel flying their flag and authorised to fish in the NAFO Regulatory Area be subject to a chartering arrangement for the utilisation in part or in full of a quota and/or fishing days allocated to another Contracting Party of NAFO. Chartering arrangements involving vessels identified by NAFO or any other Regional fisheries Organisation as having been involved in Illegal, Unreported and Unregulated (IUU) fishing activities shall, however, not be permitted.

2. On the date of the conclusion of a chartering arrangement, the flag Member State shall send the following information to the Commission, which shall forward this information to the Executive Secretary of NAFO:

(a) its assent to the charter arrangement;

(b) species covered by the charter and fishing opportunities allocated by the charter contract;

(c) length of the charter arrangement;

(d) name of the charterer;

(e) contracting party which chartered the vessel;

(f) the action the Member State has taken to ensure that the chartered vessels flying its flag comply with the NAFO conservation and enforcement measures for the duration of the chartering period.

3. When the charter arrangement ends, the flag Member State shall inform the Commission, which shall promptly forward this information to the Executive Secretary of NAFO.

4. The flag Member State shall act to ensure that:

(a) the vessel is not authorised to fish during the charter period against the fishing opportunities allocated to the flag Member State;

(b) the vessel is not authorised to fish under more than one charter arrangement during the same period;

(c) the vessel complies with the NAFO conservation and enforcement measures for the duration of the chartering period;

(d) all catches and by-catches under notified chartering arrangements are recorded in the fishing logbook by the chartered vessel separate from other catch data.

5. Member States shall report all catches and by-catches as referred to in paragraph 4 (d) to the Commission separately from other national catch data. The Commission shall promptly forward those data to the Executive Secretary of NAFO.