CHAPTER IGENERAL PROVISIONS

Article 1Definitions

For the purposes of this Regulation, the following definitions shall apply:

  1. (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 F1a fisheries administration;

  2. (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 404/20114;
  3. (c)

    F2“UKFR number” means the United Kingdom fleet register number of the vessel as referred to in Article 8 of Commission Implementing Regulation (EU) 2017/218;

  4. (d)

    “United Kingdom fishing vessel” means a fishing vessel which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995. A reference to the ‘fleet’ of a fisheries administration is a reference to all United Kingdom fishing vessels which are—

    1. (i)

      in the case of the Secretary of State and the Marine Management Organisation, registered to a port in England,

    2. (ii)

      in the case of the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, registered to a port in Northern Ireland,

    3. (iii)

      in the case of the Scottish Ministers, registered to a port in Scotland, or

    4. (iv)

      in the case of the Welsh Ministers registered to a port in Wales.

Article 2Contact points

1.

F3A fisheries administration must 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 F4... in computer-readable form.

2.

F5A fisheries administration must publish the information referred to in paragraph 1 on the secure part of their website F6....

CHAPTER IIMONITORING MEASURES

Article 3Participation of the F7United Kingdom

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 F8UKFR number allocated to each vessel.

F92.

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Article 4Recording of catches

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.

Article 5Reporting of catches of regulated resources and position

F10A fisheries administration must 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.

Article 6Global reporting of catches

F11A fisheries administration must transmit the data under Article 10, paragraphs 1 and 2 of Regulation (EU) No 1236/2010 in XML format.

CHAPTER IIIINSPECTIONS

F12Article 7Designated body

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Article 8Identification of inspectors and of inspection means

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.

F13Article 9Inspection activities

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Article 10Surveillance procedure

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.

Article 11Inspection reports

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.

CHAPTER IVPORT STATE CONTROL

Article 12Prior notification of entry into port

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:

  1. (a)

    F14the form PSC 1 shall be used where the vessel is carrying its own catches;

  2. (b)

    the form PSC 2 shall be used where the vessel is engaged in transhipment operations, providing the information separately for catches from each donor vessel.

F14Article 13

1.

When completing the prior notification in accordance with Article 25(1) of Regulation (EU) No 1236/2010, the F15a fisheries administration, in relation to United Kingdom fishing vessels, must complete Part B of the PSC form provided for in Annex VIII.

2.

When completing the prior notification in accordance with Article 25(2) and (4) of Regulation (EU) No 1236/2010, F16where the United Kingdom is the port country, a fisheries administration shall complete Part C of the PSC form provided for in Annex VIII.

Article 14Port inspection reports

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 F17....

F18Article 15Designated body

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CHAPTER VIDATA

SECTION 1Data communication

F19Article 16Communication to the NEAFC Secretary

1.

The data exchange formats and data communication systems 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 continue to comply with the rules set out in Annex X to this Regulation until the date referred to in paragraph 3; the corresponding codes to be used in communication with the NEAFC Secretary are as set out in Annex XI.

2.

Member States shall complete, by 1 November 2020, all necessary technical preparations enabling the utilisation of the following data exchange formats and data communication systems for transmission of reports and information to the NEAFC Secretary:

(a)

To exchange fishing logbook data, prior notification data, transhipment declaration data, and landing declaration data, the format shall be the Fishing Activity Domain XML Schema Definition based on the UN/FLUX P1000-3 standard. The data exchange shall comply with the FLUX Fishing Activities Implementation Document adopted by NEAFC.

(b)

To report vessel monitoring system data, the format shall be the Vessel Position Domain XML Schema Definition based on the UN/FLUX P1000-7 standard. The data exchange shall comply with the FLUX Vessel Position Implementation Document adopted by NEAFC.

3.

Member States shall use the data exchange formats and data communication systems referred to in paragraph 2 from the date to be communicated by the Commission following the decision by NEAFC to this effect. The data exchanges shall comply with the FLUX Implementation Documents adopted by NEAFC.

4.

By way of derogation from paragraph 1 and 3, Member States may use the data exchange format referred to in paragraph 2 (b) to report vessel monitoring system data as of the entry into force of this Regulation. Member States shall inform the Commission of the date as of which the new data exchange format will be used.

SECTION 2Data security and confidentiality

Article 17Common provisions on data security and confidentiality

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.

F20A fisheries administration must, 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.

Article 18Data from inspections

1.

F21A fisheries administration 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.

F22A fisheries administration 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.

F23A fisheries administration must 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.

F24A fisheries administration 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.

Article 19Data processing systems

F251.

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F252.

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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.

F265.

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CHAPTER VIIFINAL PROVISIONS

Article 20Repeal

Regulation (EC) No 1085/2000 is repealed.

F27Article 21Entry into force

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F27...