Article 20 is amended as follows: (a) in paragraph 1, the words ‘places close to the shore’ are replaced by the words ‘at landing sites’; (b) the following paragraphs are inserted: ‘2a. Without prejudice to Article 4(4) of Council Regulation (EC) No 1005/2008 (*) and Article 43(3) of this Regulation, donor and receiving Union fishing vessels shall be authorised to tranship at sea outside Union waters or in ports of third countries only subject to an authorisation received by their flag Member State(s). 2b. In order to apply for an authorisation to tranship under paragraph 2a, masters of donor and receiving Union fishing vessels shall submit electronically to their flag Member State, at least 48 hours before the planned transhipment operation, the following information: (a) the unique fishing trip identification number(s) and, in the case of fishing vessels other than catching vessels, the unique fishing trip identification number(s) related to the catches; (b) the CFR number or, where that number is not available, another vessel identification number(s) and the name of both the donor and the receiving fishing vessels; (c) the FAO alpha-3 code of each species to be transhipped and the relevant geographical area(s) in which the catches were taken; (d) the estimated quantities of each species to be transhipped in kilograms in product weight and in live weight, broken down by type of product presentation and state of processing; (e) the port of destination of the receiving fishing vessel; (f) the date and time of the planned transhipment; (g) the geographical position or the specific name of the port in which the transhipment operation is planned. 2c. The Commission may, by means of implementing acts, lay down detailed rules on product presentation and the state of processing, in particular through codes and descriptions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

1. Masters of Union fishing vessels involved in a transhipment operation shall complete an electronic transhipment declaration.
2. The transhipment declaration referred to in paragraph 1 shall contain at least the following information: (a) the unique fishing trip identification number(s) and, in the case of fishing vessels other than catching vessels, the unique fishing trip identification number(s) related to the catches; (b) the CFR number or, where that number is not available, another vessel identification number(s) and the name of both the donor and the receiving fishing vessels; (c) the FAO alpha-3 code of each transhipped species and the relevant geographical area(s) in which the catches were taken; (d) the estimated quantities of each transhipped species in kilograms in product weight and in live weight, broken down by type of product presentation and state of processing, or, where appropriate, the number of individuals, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size; (e) the port or landing site of destination of the receiving fishing vessel and estimated date and time of arrival; (f) date and time of transhipment; (g) the geographical area or the designated port of transhipment; (h) the conversion factor(s) used.
3. When compared with the quantities landed or with the result of an inspection, the permitted margin of tolerance in estimates recorded in the transhipment declaration of the quantities in kilograms of fish retained on board shall be as set out in Article 14(3) and (4).
4. Masters of both the donor and the receiving fishing vessels shall each be responsible for the accuracy of the data recorded in their respective transhipment declarations.
5. To convert stored or processed fish weight into live fish weight for the purposes of the transhipment declaration, masters of fishing vessels shall apply a conversion factor established in accordance with Article 14(12).
6. The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by exempting certain categories of Union fishing vessels from the obligation laid down in paragraph 1 of this Article, taking into account the quantities and/or type of fishery products, distance between the fishing grounds, transhipping places and ports where the vessels concerned are registered.’.

1. Masters of Union fishing vessels shall submit by electronic means the information referred to in Article 21 to the competent authority of their flag Member State within 24 hours after completion of the transhipment operation.
2. When a Union fishing vessel tranships its catches in a Member State other than its flag Member State, the competent authorities of the flag Member State shall immediately upon receipt forward the transhipment declaration data by electronic means to the competent authorities of the Member State where the catch was transhipped and where the catch is destined.
3. The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by: (a) laying down the rules to be applied in the event of technical or communication failure or non-functioning of electronic recording and reporting systems for transhipment data; (b) adopting measures to be taken in the event of non-receipt of transhipment data; (c) adopting rules on the access to transhipment data and measures to be taken in the event of data access failure.
4. The Commission may, by means of implementing acts, lay down detailed rules on: (a) the format and procedure for submission of the transhipment declaration; (b) the completion and electronic recording of the transhipment declaration data; (c) the functioning of the electronic recording and reporting system for transhipment data; (d) the requirements for the transmission of transhipment data from a Union fishing vessel to the competent authorities of its flag Member State and return messages from the authorities of the flag Member State. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

1. The master of a Union fishing vessel, or a representative of the master, shall complete an electronic landing declaration.
2. The landing declaration referred to in paragraph 1 shall contain at least the following information: (a) the unique fishing trip identification number; (b) the CFR number or, where that number is not available, another vessel identification number, and the name of the fishing vessel; (c) the FAO alpha-3 code of each species landed and the relevant geographical area in which the catches were taken; (d) the quantities of each species landed in kilograms of product weighed in accordance with Article 60 and in live weight, broken down by type of product presentation and state of processing, or, where appropriate, in number of individuals, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size; (e) the port of landing or landing site; (f) date and time of the completion of the landing or, in the event that the landing takes longer than 24 hours, the date and time of the start and of the completion of the landing;

EN OJ L, 20.12.2023

ELI: http://data.europa.eu/eli/reg/2023/2842/oj 35/105 (g) date and time of the completion of the weighing or, in the event that the weighing takes longer than 24 hours, the date and time of the start and of the completion of the weighing; (h) the name or an identification number of the operator referred to in Article 60(5); (i) the conversion factors used. 3. The accuracy of the data recorded in the landing declaration shall be the responsibility of the master. 4. In order to convert stored or processed fish weight into live fish weight for the purpose of the completion of the landing declaration, the master of a fishing vessel, or a representative of the master, shall apply a conversion factor established in accordance with Article 14(12).

1. A fishing vessel shall be presumed to be engaged in IUU fishing if it is shown that, contrary to the conservation and management measures applicable in the fishing area concerned, it has: (a) fished without a valid licence, authorisation or permit issued by the flag State or the relevant coastal State; or

(b) not fulfilled its obligations to record and report catch or catch- related data, including data to be transmitted by satellite vessel

monitoring system, or prior notices under Article 6; or (c) fished in a closed area, during a closed season, without or after attainment of a quota or beyond a closed depth; or (d) engaged in directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited; or (e) used prohibited or non-compliant fishing gear; or (f) falsified or concealed its markings, identity or registration; or (g) concealed, tampered with or disposed of evidence relating to an investigation; or (h) obstructed the work of officials in the exercise of their duties in inspecting for compliance with the applicable conservation and management measures; or the work of observers in the exercise of their duties of observing compliance with the applicable Community rules; or (i) taken on board, transhipped or landed undersized fish in contravention of the legislation in force; or (j) transhipped or participated in joint fishing operations with, supported or re-supplied other fishing vessels identified as having engaged in IUU fishing under this Regulation, in particular those included in the Community IUU vessel list or in the IUU vessel list of a regional fisheries management organisation; or (k) carried out fishing activities in the area of a regional fisheries management organisation in a manner inconsistent with or in contravention of the conservation and management measures of that organisation and is flagged to a State not party to that organisation, or not cooperating with that organisation as established by that organisation; or (l) no nationality and is therefore a stateless vessel, in accordance with international law. 2. The activities set out in paragraph 1 shall be considered as serious infringements in accordance with Article 42 depending on the gravity of the infringement in question which shall be determined by the competent authority of the Member State, taking into account the criteria such as the damage done, its value, the extent of the infringement or its repetition.

1. With a view to prevent, deter and eliminate IUU fishing, an effective scheme of inspections in port for third country fishing vessels calling at the ports of Member States shall be maintained.
2. Access to ports of Member States, the provision of port services, and the conduct of landing or transhipment operations in such ports shall be prohibited for third country fishing vessels unless they meet the requirements laid down in this Regulation, except in cases of force majeure or distress within the meaning of Article 18 of the Unclos (force majeure or distress) for services strictly necessary to remedy those situations.
3. Transhipments between third country fishing vessels or between the latter and fishing vessels flying the flag of a Member State shall be prohibited in Community waters and shall take place only in port, in accordance with the provisions of this Chapter.
4. Fishing vessels flying the flag of a Member State shall not be authorised to tranship at sea catches from third country fishing vessels outside Community waters unless the fishing vessels are registered as carrier vessels under the auspices of a regional fisheries management organisation.

1. Member States shall designate ports, or places close to the shore, where landings or transhipment operations of fishery products and port services referred to in Article 4(2) are permitted.
2. Access to port services and the conduct of landing or transhipment operations by third country fishing vessels shall be authorised only in designated ports.
3. Member States shall transmit to the Commission no later than 15 January of each year a list of designated ports. Any subsequent changes to this list shall be notified to the Commission at least 15 days before the change takes effect.
4. The Commission shall, without delay, publish the list of designated ports in the Official Journal of the European Union and on its website.

1. Masters of third country fishing vessels or their representatives shall notify the competent authorities of the Member State whose designated port or landing facilities they wish to use at least three working days before the estimated time of arrival at the port, of the following information: (a) vessel identification; (b) name of the designated port of destination and the purposes of the call, landing, transhipment or access to services; (c) fishing authorisation or, where appropriate, authorisation to support fishing operations or to tranship fishery products; (d) dates of the fishing trip; (e) estimated date and time of arrival at port; (e) estimated date and time of arrival at port; (f) the quantities of each species retained on board or, where appropriate, a negative report; (g) the zone or zones where the catch was made or where transhipment took place, whether in Community waters, in zones under the jurisdiction or sovereignty of a third country or on the high seas; (h) the quantities for each species to be landed or transhipped. Masters of third country fishing vessels or their representatives shall be exempted from notifying information contained in points (a), (c), (d), (g) and (h), where a catch certificate has been validated in accordance with Chapter III for the full catch to be landed or transhipped in the territory of the Community.
2. The notification set out in paragraph 1 shall be accompanied by a catch certificate validated in accordance with Chapter III if the third country fishing vessel carries on board fishery products. The provisions laid down in ►C1 c Article 13 ◄ on the recognition of catch documents or port State control forms which are part of catch documentation or port State control schemes adopted by regional fisheries management organisations shall apply mutatis mutandis.
3. The Commission, in accordance with the procedure referred to in Article 54(2), may exempt certain categories of third country fishing vessels from the obligation stipulated in paragraph 1 for a limited and renewable period, or make provision for another notification period taking into account, inter alia, the type of fishery product, the distance between the fishing grounds, landing places and ports where the vessels in question are registered or listed.
4. This Article shall apply without prejudice to special provisions set forth in fisheries agreements concluded between the Community and third countries.

1. Without prejudice to point 5 of Article 37, a third country fishing vessel shall be granted authorisation to access the port only if the information set out in Article 6(1) is complete and, if the third country vessel carries on board fishery products, is accompanied by the catch certificate referred to in Article 6(2).
2. Authorisation to commence landing or transhipment operations in port shall be subject to a check to determine the completeness of the information submitted as prescribed in paragraph 1 and, where appropriate, to an inspection carried out in accordance with Section 2.
3. By way of derogation to paragraphs 1 and 2 of this Article the port Member State may authorise port access and all or part of a landing in cases where the information set out in Article 6(1) is not complete or its check or verification is pending, but shall, in such cases, keep the fishery products concerned in storage under the control of the competent authorities. The fishery products shall only be released to be sold, taken over or transported once the information set out in Article 6(1) has been received or the checking or verification process is completed. If this process is not completed within 14 days of the landing, the port Member State may confiscate and dispose of the fishery products in accordance with national rules. The cost of storage shall be borne by the operators.

1. Masters of third country fishing vessels or their representative shall submit to the authorities of the Member State whose designated ports of landing or transhipment facilities they use, if possible by electronic means prior to landing or transhipment operations, a declaration indicating the quantity of fishery products by species to be landed or transhipped, and the date and place of each catch. Masters and their representatives shall be held responsible for the accuracy of such declarations.
2. Member States shall keep the originals of the declarations set out in paragraph 1, or a hard copy when transmitted electronically, for a period of three years or longer in accordance with national rules.
3. Landing and transhipment declaration procedures and forms shall be determined in accordance with the procedure referred to in Article 54(2).
4. Member States shall notify the Commission by computer transmission before the end of the first month of each calendar quarter of the quantities landed and/or transhipped by third country fishing vessels in their ports during the previous quarter.

1. Member States shall carry out inspections in their designated ports of at least 5 % of landing and transhipment operations by third country fishing vessels each year, in accordance with the benchmarks determined by the procedure referred to in Article 54(2) on the basis of risk management, without prejudice to the higher thresholds adopted by regional fisheries management organisations.
2. The following fishing vessels shall be inspected in all cases: (a) fishing vessels sighted in accordance with Article 48; (b) fishing vessels reported in the framework of a notification made under the Community alert system in accordance with Chapter IV; (c) fishing vessels identified by the Commission as presumed to have engaged in IUU fishing in accordance with Article 25; (d) fishing vessels appearing in a IUU vessel list adopted by a regional fisheries management organisation notified to Member States in accordance with Article 30.

1. Officials in charge of inspections (officials) shall be able to examine all relevant areas, decks and rooms of the fishing vessel, catches processed or not, nets or other gear, equipment and any relevant documents which officials deem it necessary to verify in compliance with applicable laws, regulations or international management and conservation measures. Officials may also question persons deemed to have information on the matter subject to inspection.
2. Inspections shall involve the monitoring of the entire landing or transhipment operations and include a cross-check between the quantities by species recorded in the prior notice of landing and the quantities by species landed or transhipped.
3. Officials shall sign their inspection report in the presence of the master of the fishing vessel, who shall have the right to add or cause to be added any information that he considers relevant. Officials shall indicate in the logbook that an inspection has been made.
4. A copy of the inspection report shall be handed over to the master of the fishing vessel, who may forward it to the owner.
5. The master shall cooperate with and assist in the inspections of the fishing vessel and shall not obstruct, intimidate or interfere with the officials in the performance of their duties.