THE EUROPEAN COMMISSION,
Having regard to the Treaty on the functioning of the European Union,
Having regard to the Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters(1) and in particular Article 26 thereof,
Whereas:
(1) Due to proximity between waters of European Union (EU) and waters under sovereignty and jurisdiction of Norway and Faeroe Islands, it is appropriate to establish specific authorisation conditions for EU vessels engaging in fishing activities in Norwegian waters of the North Sea and in waters of the Faeroe Islands.
(2) Access allowed to third-country vessels should be restricted to certain geographical areas to protect the fishing activities by local fishing vessels.
(3) Due to proximity between EU waters and waters under sovereignty and jurisdiction of Norwegian and Faeroe Islands it is appropriate to establish specific authorisation conditions for fishing vessels flying the flag of Norway and the Faeroe Islands which engage in fishing activities in EU waters.
(4) The content of applications for authorisation of third-country vessels should be defined to allow the Commission to access additional data.
(5) In order to ensure that catches of blue whiting and mackerel by third-country vessels in EU waters are correctly accounted for, it is necessary to establish strengthened control provisions for such vessels. Those provisions should be in conformity with the Agreement between the European Community and Norway approved by Council Regulation (EEC) No 2214/80(2) and with the Agreement between the European Community and Faeroe Islands approved by Council Regulation (EEC) No 2211/80(3).
(6) Vessels without authorisation under Regulation (EC) No 1006/2008 should have the possibility to transit through EU waters provided that their fishing gear is installed in such a manner that it is not readily usable for fishing operations.
(7) Detailed rules for the application of Regulation (EC) No 1006/2008 should be adopted accordingly.
(8) This Regulation ensure the continuity of provisions currently in the Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required(4).
(9) The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS REGULATION:
By way of derogation to Article 3 of Regulation (EC) No 1006/2008, EU vessels of a tonnage equal to or less than 200 GT shall be exempt from the obligation to have a fishing authorisation when they engage in fishing activities in the Norwegian waters of the North Sea.
1.EU fishing vessels entitled to engage in fishing activities in the Norwegian waters of the North Sea shall not carry out fishing activities in the Skagerrak within 12 nautical miles from the baseline of Norway.
2.By way of derogation to paragraph 1, vessels flying the flag of and registered in Denmark or Sweden shall be allowed to carry out fishing activities in the Skagerrak up to four nautical miles from the baselines of Norway.
EU vessels authorised to conduct a directed fishery for one species in waters of the Faeroe Islands may conduct directed fishery for another species provided that they give prior notification to the Faeroese authorities.
EU fishing vessels carrying out fishing activities outside EU waters shall comply with the conservation and control measures and all other provisions governing the zone in which they operate.
By way of derogation to Article 18(1)(a) of Regulation (EC) No 1006/2008, fishing vessels of less than 200 GT flying the flag of Norway shall be exempt from the obligation to have a fishing authorisation when they engage in fishing activities in EU waters.
Applications for fishing authorisations as referred to in Article 19 of Regulation (EC) No 1006/2008 shall contain information as set out in Annex I according to the flag the vessels concerned are entitled to fly.
1.Vessels flying the flag of Norway or registered in the Faeroe Islands which are entitled to engage in fishing activities in EU waters shall not carry out fishing activities within 12 nautical miles from the baselines of Member States in ICES zone IV(5), the Kattegat and the Atlantic Ocean north of 43°00′N, except the area referred to in Article 18 of Council Regulation (EC) No 2371/2002(6).
2.By way of derogation to paragraph 1, fishing vessels flying the flag of Norway shall be allowed to carry out fishing activities in the Skagerrak up to four nautical miles from the baselines of Denmark and Sweden.
In addition to Article 14(8) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy(7), the master of a third-country fishing vessel entitled to engage in fishing activities in EU waters shall keep a logbook in which the information set out in Annex II shall be entered.
1.The information to be transmitted to the Commission in accordance with Article 23(1) of Regulation (EC) No 1006/2008 by the master of a third-country fishing vessel shall be as set out in Annex III.
2.Paragraph 1 shall not apply to vessels flying the flag of Norway which carry out fishing activities in ICES zone IIIa.
Fishing vessels flying the Norwegian flag and fishing vessels flying the flag of Faeroe Islands which are entitled to fish for blue whiting and mackerel in EU waters shall comply with the provisions set out in Annex IV.
Third-country fishing vessels that transit through and are not authorised to fish in EU waters shall stow their nets so that they may not readily be used, in accordance with the following conditions:
nets, weights and similar gear shall be disconnected from their trawl boards and towing and hauling wires and ropes;
nets which are on or above deck shall be securely lashed to some part of the superstructure.
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 March 2010.
For the Commission
The President
José Manuel Barroso
Applications for vessels flying the flag of Norway shall contain the following:
the international radio call sign (IRCS);
the group code.
Applications for vessels flying the flag of Faeroe Islands shall contain the following:
the name of the vessel;
the external identification;
the international radio call sign (IRCS);
the engine power;
the tonnage in GT and overall length;
the species for which it is intended to fish;
the intended area of fishing.
After each haul:
the quantity (in kilograms live-weight) of each species caught;
the date and the time of the haul;
the geographical position in which the catches were made;
the fishing method used.
After each trans-shipment to or from another vessel:
the indication ‘received from’ or ‘transferred to’;
the quantity (in kilograms live-weight) of each species trans-shipped;
the name, external identifications letters and numbers of the vessel to or from which the trans-shipment occurred;
trans-shipment of cod is not allowed.
After each landing in a port of the EU:
the name of the port;
the quantity (in kilograms live-weight) of each species landed.
After each transmission of information to the European Commission:
the date and time of the transmission;
the type of message: ‘catch on entry’, ‘catch on exit’, ‘catch’, ‘trans-shipment’;
in the case of radio transmission: name of the radio station.
On each occasion a vessel commences a fishing trip(8) in EU waters it shall send a ‘catch on entry’ message specifying the following:
| a m = mandatory. | ||
| b o = optional. | ||
| c LT, LG: must be specified as decimal figure, 3 figures after the decimal point. | ||
| d Optional if a vessel is subject to satellite tracking. | ||
| SR | ma | (= start of record) |
| AD | m | XEU (= to European Commission) |
| SQ | m | (serial number of message in current year) |
| TM | m | COE (= ‘catch on entry’) |
| RC | m | (international radio call sign) |
| TN | ob | (fishing trip serial number in the year) |
| NA | o | (name of the vessel) |
| IR | m | (Flag state as ISO-3 country code, where applicable followed by a unique reference number, if any, as applied in the flag state) |
| XR | m | (external identification letters; side number of the vessel) |
| LTc | od | (latitude position of the vessel at time of transmission) |
| LGc | od | (longitude position of the vessel at time of transmission) |
| LI | o | (estimated latitude position where the master intends to commence fishing, degrees or decimal presentation) |
| LN | o | (estimated longitude position where the master intends to commence fishing, degrees or decimal presentation) |
| RA | m | (relevant ICES area) |
| OB | m | (quantity by species on board, in the hold, in pairs as needed: FAO code + live weight in kilograms, rounded to the nearest 100 kilograms) |
| DA | m | (date of transmission in yyyymmdd format) |
| TI | m | (time of transmission in hhmm format) |
| MA | m | (name of the master of the vessel) |
| ER | m | (= end of record) |
On each occasion a vessel terminates a fishing trip(8) in EU waters it shall send a ‘catch on exit’ message specifying the following:
| a LT, LG: must be specified as decimal figure, 3 figures after the decimal point. | ||
| b Optional if a vessel is subject to satellite tracking. | ||
| SR | m | (= start of record) |
| AD | m | XEU (= to European Commission) |
| SQ | m | (serial number of message for that vessel in current year) |
| TM | m | COX (= ‘catch on exit’) |
| RC | m | (international radio call sign) |
| TN | o | (fishing trip serial number in the year) |
| NA | o | (name of the vessel) |
| IR | m | (Flag state as ISO-3 country code, where applicable followed by a unique reference number, if any, as applied in the flag state) |
| XR | m | (external identification letters; side number of the vessel) |
| LTa | ob | (latitude position of the vessel at time of transmission) |
| LGa | ob | (longitude position of the vessel at time of transmission) |
| RA | m | (relevant ICES area where catches were taken) |
| CA | m | (catch quantity by species since last report in pairs as needed: FAO code + live weight in kilograms, rounded to the nearest 100 kilograms) |
| OB | o | (quantity by species on board, in the hold, in pairs as needed: FAO code + live weight in kilograms, rounded to the nearest 100 kilograms) |
| DF | o | (days fished since last report) |
| DA | m | (date of transmission in yyyymmdd format) |
| TI | m | (time of transmission in hhmm format) |
| MA | m | (name of the master of the vessel) |
| ER | m | (= end of record) |
At 3-day intervals, commencing on the third day after the vessel first enters the zones referred to under 1.1 when fishing for herring and mackerel, and in weekly intervals, commencing the seventh day after the vessel first enters the zones referred to under 1.1 when fishing for all species other than herring and mackerel, a ‘catch report’ message has to be sent, specifying:
| a LT, LG: must be specified as decimal figure, 3 figures after the decimal point. | ||
| b Optional if a vessel is subject to satellite tracking. | ||
| SR | m | (= start of record) |
| AD | m | XEU (= to European Commission) |
| SQ | m | (serial number of message for that vessel in current year) |
| TM | m | CAT (= ‘catch report’) |
| RC | m | (international radio call sign) |
| TN | o | (fishing trip serial number in the year) |
| NA | o | (name of the vessel) |
| IR | m | (Flag state as ISO-3 country code, where applicable followed by a unique reference number, if any, as applied in the flag state) |
| XR | m | (external identification letters; side number of the vessel) |
| LTa | ob | (latitude position of the vessel at time of transmission) |
| LGa | ob | (longitude position of the vessel at time of transmission) |
| RA | M | (relevant ICES area where catches were taken) |
| CA | m | (catch quantity by species since last report in pairs as needed: FAO code + live weight in kilograms, rounded to the nearest 100 kilograms) |
| OB | o | (quantity by species on board, in the hold, in pairs as needed: FAO code + live weight in kilograms, rounded to the nearest 100 kilograms) |
| DF | o | (days fished since last report) |
| DA | m | (date of transmission in yyyymmdd format) |
| TI | m | (time of transmission in hhmm format) |
| MA | m | (name of the master of the vessel) |
| ER | m | (= end of record) |
Whenever a trans-shipment is planned between the ‘catch on entry’ and ‘catch on exit’ message and apart from the ‘catch report’ messages, an additional ‘trans-shipment’ message has to be sent minimum 24 hours in advance, specifying:
| a LT, LG: must be specified as decimal figure, 3 figures after the decimal point. | ||
| b Optional if a vessel is subject to satellite tracking. | ||
| c Optional for the receiving vessel. | ||
| SR | m | (= start of record) |
| AD | m | XEU (= to European Commission) |
| SQ | m | (serial number of message for that vessel in current year) |
| TM | m | TRA (= ‘trans-shipment’) |
| RC | m | (international radio call sign) |
| TN | o | (fishing trip serial number in the year) |
| NA | o | (name of the vessel) |
| IR | m | (Flag state as ISO-3 country code, where applicable followed by a unique reference number, if any, as applied in the flag state) |
| XR | m | (external identification letters; side number of the vessel) |
| KG | m | (quantity by species on- or off-loaded in pairs as needed: FAO code + live weight in kilograms, rounded to the nearest 100 kilograms) |
| TT | m | (international radio call sign of the receiving vessel) |
| TF | m | (international radio call sign of the donor vessel) |
| LTa | m/ob c | (predicted latitude position of the vessel where the trans-shipment is planned) |
| LGa | m/ob c | (predicted longitude position of the vessel where the trans-shipment is planned) |
| PD | m | (predicted date when the trans-shipment is planned) |
| PT | m | (predicted time when the trans-shipment is planned) |
| DA | m | (date of transmission in yyyymmdd format) |
| TI | m | (time of transmission in hhmm format) |
| MA | m | (name of the master of the vessel) |
| ER | m | (= end of record) |
Unless point 3.3 below is applied, the information specified above under point 1 shall be transmitted respecting the codes and ordering of data as specified above; in particular,
the text ‘VRONT’ must be placed in the subject line of the message,
each data item will be placed on a new line,
the data itself will be preceded by the indicated code, separated from each-other by a space.
Example (with fictitious data):
| SR | |
| AD | XEU |
| SQ | 1 |
| TM | COE |
| RC | IRCS |
| TN | 1 |
| NA | VESSEL NAME EXAMPLE |
| IR | NOR |
| XR | PO 12345 |
| LT | 65,321 |
| LG | -21,123 |
| RA | 04A. |
| OB | COD 100 HAD 300 |
| DA | 20051004 |
| MA | CAPTAIN NAME EXAMPLE |
| TI | 1315 |
| ER |
| FR | m | (from; party alfa ISO-3 country code) |
| RN | m | (serial number of the record for the relevant year) |
| RD | m | (date of transmission in yyyymmdd format) |
| RT | m | (time of transmission in hhmm format) |
Example (with data of above):
//SR//AD/XEU//FR/NOR//RN/5//RD/20051004//RT/1320//SQ/1//TM/COE//RC/IRCS//TN/1//NA/VESSEL NAME EXAMPLE//IR/NOR//XR/PO 12345//LT/+65,321//LG/-21,123//RA/04A.//OB/COD 100 HAD 300//DA/20051004//TI/1315//MA/CAPTAIN NAME EXAMPLE//ER//
The Flag State will receive a ‘return message’ specifying:
| SR | m | (= start of record) |
| AD | m | (ISO-3 country code of Flag State) |
| FR | m | XEU (= to European Commission) |
| RN | m | (serial number of message in current year for which a ‘return message’ is sent) |
| TM | m | RET (= ‘return’) |
| SQ | m | (serial number of original message for that vessel in current year) |
| RC | m | (international radio call sign mentioned in original message) |
| RS | m | (return status — ACK or NAK) |
| RE | m | (return error number) |
| DA | m | (date of transmission in yyyymmdd format) |
| TI | m | (time of transmission in hhmm format) |
| ER | m | (= end of record) |
| Name of radio station | Call sign of radio station |
|---|---|
| Lyngby | OXZ |
| Land’s End | GLD |
| Valentia | EJK |
| Malin Head | EJM |
| Torshavn | OXJ |
| Bergen | LGN |
| Farsund | LGZ |
| Florø | LGL |
| Rogaland | LGQ |
| Tjøme | LGT |
| Ålesund | LGA |
| Ørlandet | LFO |
| Bodø | LPG |
| Svalbard | LGS |
| Stockholm Radio | STOCKHOLM RADIO |
| Turku | OFK |
| Alfonsinos (Beryx spp.) | ALF |
| American plaice (Hippoglossoides platessoides) | PLA |
| Anchovy (Engraulis encrasicolus) | ANE |
| Angler/Monk (Lophius spp.) | ANF |
| Argentine (Argentina silus) | ARU |
| Atlantic pomfret (Brama brama) | POA |
| Basking shark (Cetorinhus maximus) | BSK |
| Black scabbardfish (Aphanopus carbo) | BSF |
| Blue ling (Molva dypterygia) | BLI |
| Blue whiting (Micromesistius poutassou) | WHB |
| Bob shrimp (Xiphopenaeus kroyeri) | BOB |
| Cod (Gadus morhua) | COD |
| Common shrimp (Crangon crangon) | CSH |
| Common squid (Loligo spp.) | SQC |
| Dogfish (Squalus acanthias) | DGS |
| Forkbeards (Phycis spp.) | FOR |
| Greenland halibut (Reinhardtius hippoglossoides) | GHL |
| Haddock (Melanogrammus aeglefinus) | HAD |
| Hake (Merluccius merluccius) | HKE |
| Halibut (Hippoglossus hippoglussus) | HAL |
| Herring (Clupea harengus) | HER |
| Horse-mackerel (Trachurus trachurus) | HOM |
| Ling (Molva Molva) | LIN |
| Mackerel (Scomber Scombrus) | MAC |
| Megrim (Lepidorhombus spp.) | LEZ |
| Northern deep-water prawn (Pandalus borealis) | PRA |
| Norway lobster (Nephrops norvegicus) | NEP |
| Norway pout (Trisopterus esmarkii) | NOP |
| Orange roughy (Hoplostethus atlanticus) | ORY |
| Other | OTH |
| Plaice (Pleuronectes platessa) | PLE |
| Pollack (Pollachius pollachius) | POL |
| Porbeagle (Lamma nasus) | POR |
| Redfish (Sebastes spp.) | RED |
| Red seabream (Pagellus bogaraveo) | SBR |
| Roundnose grenadier (Coryphaenoides rupestris) | RNG |
| Saithe (Pollachius virens) | POK |
| Salmon (Salmo salar) | SAL |
| Sandeel (Ammodytes spp.) | SAN |
| Sardine (Sardina pilchardus) | PIL |
| Shark (Selachii, Pleurotremata) | SKH |
| Shrimp (Penaeidae) | PEZ |
| Sprat (Sprattus sprattus) | SPR |
| Squid (Illex spp.) | SQX |
| Tuna (Thunnidae) | TUN |
| Tusk (Brosme brosme) | USK |
| Whiting (Merlangus merlangus) | WHG |
| Yellowtail flounder (Limanda ferruginea) | YEL |
| 02A. | ICES division IIa — Norwegian Sea |
| 02B. | ICES division IIb — Spitzbergen and Bear Island |
| 03A. | ICES division IIIa — Skagerrak and Kattegat |
| 03B. | ICES division IIIb — The Sound |
| 03C. | ICES division IIIc — The Belts |
| 03D. | ICES division IIId — Baltic Sea |
| 04A. | ICES division IVa — Northern North Sea |
| 04B. | ICES division IVb — Central North Sea |
| 04C. | ICES division IVc — Southern North Sea |
| 05A. | ICES division Va — Iceland Grounds |
| 05B. | ICES division Vb1, Vb2 — Faroes Grounds |
| 06A. | ICES division VIa — Northwest coast of Scotland and North Ireland |
| 06B. | ICES division VIb — Rockall |
| 07A. | ICES division VIIa — Irish Sea |
| 07B. | ICES division VIIb — West of Ireland |
| 07C. | ICES division VIIc — Porcupine Bank |
| 07D. | ICES division VIId — Eastern Channel |
| 07E. | ICES division VIIe — Western English Channel |
| 07F. | ICES division VIIf — Bristol Channel |
| 07G. | ICES division VIIg — Celtic Sea North |
| 07H. | ICES division VIIh — Celtic Sea South |
| 07J. | ICES division VIIj — South-West of Ireland — East |
| 07K. | ICES division VIIk — South-West of Ireland — West |
| 08A. | ICES division VIIIa — Bay of Biscay — North |
| 08B. | ICES division VIIIb — Bay of Biscay — Central |
| 08C. | ICES division VIIIc — Bay of Biscay — South |
| 08D. | ICES division VIIId — Bay of Biscay — Offshore |
| 08E. | ICES division VIIIe — Bay of Biscay — West Bay |
| 09A. | ICES division IXa — Portuguese waters — East |
| 09B. | ICES division IXb — Portuguese waters — West |
| 14A. | ICES division XIVa — North-East Greenland |
| 14B. | ICES division XIVb — South-East Greenland |
Vessels that already have catch on board may only commence their fishing trip after having received authorisation from the competent authority of the coastal Member State concerned. At least 4 hours prior to entering EU waters the master of the vessel shall notify as appropriate one of the following Fisheries Monitoring Centres:
UK (Edinburgh) by e-mail at the following address: ukfcc@scotland.gsi.gov.uk or by telephone (+ 44 1312719700); or
Ireland (Haulbowline) by e-mail at the following address: nscstaff@eircom.net or by telephone (+ 353 872365998).
The notification shall specify the name, international radio call sign and port letters and number (PLN) of the vessel, the total quantity by species on board and the position (longitude/latitude) where the master estimates that the vessel will enter EU waters as well as the area where he intends to commence fishing. The vessel shall not commence fishing until it has received acknowledgement of the notification and instructions on whether or not the master is required to present the vessel for inspection. Each acknowledgement shall have a unique authorisation number which the master shall retain until the fishing trip is terminated.
Notwithstanding any inspections that may be carried out at sea the competent authorities may in duly justified circumstances require a master to present his vessel for inspection in port.
Vessels that enter EU waters with no catch on board shall be exempt from the requirements laid down in point (a).
The fishing trip shall be considered as being terminated when the vessel leaves EU waters or enters an EU port where its catch is fully discharged.
Vessels shall only leave EU waters after passing through one of the following control routes:
ICES rectangle 48 E2 in zone VIa;
ICES rectangle 46 E6 in zone IVa;
ICES rectangles 48 E8, 49 E8 or 50 E8 in zone IVa.
The master of the vessel shall give at least 4 hours’ prior notification of entering one of the afore mentioned control routes to the Fisheries Monitoring Centre in Edinburgh by e-mail or telephone as provided for in point (a)(i). The notification shall specify the name, international radio call sign and port letters and number (PLN) of the vessel, the total quantity by species on board and the control route through which the vessel intends to pass.
The vessel shall not leave the area within the control route until it has received acknowledgement of the notification and instructions on whether or not the master is required to present the vessel for inspection. Each acknowledgement shall have a unique authorisation number which the master shall retain until the vessel leaves EU waters.
Notwithstanding any inspections that may be carried out at sea the competent authorities may in duly justified circumstances require a master to present his vessel for inspection in the ports of Lerwick or Scrabster.
Vessels may only commence their fishing trip after having received authorisation from the competent authority of the coastal Member State concerned. Such vessels shall only enter EU waters after passing through one of the following control areas:
ICES rectangle 48 E2 in Division VIa;
ICES rectangle 50 F1 in Division IVa;
ICES rectangle 46 F1 in Division IVa.
At least 4 hours prior to entering one of the control areas, upon entering EU waters, the master of the vessel shall contact the UK Fisheries Monitoring Centre (Edinburgh) by e-mail at the following address: ukfcc@scotland.gsi.gov.uk or by telephone (+ 44 1312719700).
The notification shall specify the name, international radio call sign and port letters and number (PLN) of the vessel, the total quantity by species on board and the control area through which the vessel will enter EU waters. The vessel shall not commence fishing until it has received acknowledgement of the notification and instructions on whether or not the master is required to present the vessel for inspection. Each acknowledgement shall have a unique authorisation number which the master shall retain until the fishing trip is terminated.
Vessels that enter EU waters with no catch on board shall be exempt from the requirements laid down in point (a).
The fishing trip shall be considered as being terminated when the vessel leaves EU waters or enters an EU port where its catch is fully discharged.
Vessels shall only leave the EU waters after passing through one of the control areas.
Upon leaving EU waters, the master of the vessel shall give at least 2 hours’ prior notification of entering one of the control areas, to the Fisheries Monitoring Centre in Edinburgh by e-mail or telephone as provided for in point (a).
The notification shall specify the name, international radio call sign and port letters and number (PLN) of the vessel, the total quantity by species on board and the control area through which the vessel intends to pass. The vessel shall not leave the control area until it has received acknowledgement of the notification and instructions on whether or not the master is required to present the vessel for inspection. Each acknowledgement shall have a unique authorisation number which the master shall retain until the vessel leaves the EU waters.
A fishing trip means a voyage commencing when a vessel intending to fish enters the 200-nautical-mile zone off the coasts of the Member States of the Community which is covered by the Community rules on fisheries and terminating when a vessel leaves that zone.