Council Regulation (EC) No 41/2006Show full title

SECTION 7 Enforcement measures

Article 44 Follow-up to infringements

1. The competent authorities of a Member State notified of an infringement committed by one of its vessels shall investigate that infringement immediately and fully to obtain the evidence required which shall include, where appropriate, the physical inspection of the vessel concerned.

2. The competent authorities of the Member State shall take immediate judicial or administrative action in accordance with their national legislation against the nationals responsible for the vessel flying its flag where the measures adopted by NAFO have not been respected.

3. The competent authorities of the flag Member State shall ensure that the proceedings initiated pursuant to paragraph 2 are capable, in accordance with the relevant provisions of national law, of providing effective measures that are adequate in severity, secure compliance, deprive those responsible of the economic benefit of the infringement and effectively discourage future infringements.

Article 45 Treatment of infringement reports from inspectors

1. Inspection and surveillance reports drawn up by NAFO inspectors shall constitute admissible evidence for judicial or administrative proceedings of any Member States. For establishing facts, those reports shall be treated on the same basis as inspection and surveillance reports of their own inspectors.

2. Member States shall collaborate in order to facilitate judicial or other proceedings arising from a report submitted by an inspector under this scheme, subject to the rules governing the admissibility of evidence in domestic judicial and other systems.

Article 46 Enhanced follow-up with regard to certain serious infringements

1. In addition to the provisions of Council Regulation (EEC) No 1956/88 of 9 June 1988 adopting provisions for the application of the scheme of joint international inspection adopted by the Northwest Atlantic Fisheries Organization(1), in particular paragraphs 9 and 10 of the Scheme attached thereto, the flag Member State shall take action under this Section where a vessel flying its flag has committed one of the following serious infringements:

(a) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited.

(b) mis-recording of catches. To be considered for follow-up action under this Article the difference between the inspector's estimates of processed catch on board, by species or in total, and the figures recorded in the production logbook shall be 10 tons or 20 %, whichever is the greater, calculated as a percentage of the production logbook figures. In order to calculate the estimate of the catch on board a stowage factor agreed between the inspectors of the inspecting Contracting Party and the Contracting Party of the inspected vessel shall be used.

(c) the repetition of the same serious infringement mentioned in paragraph 9 of the Scheme attached to Regulation (EEC) No 1956/88, that has been confirmed in accordance with paragraph 10 of the Scheme during a 100 day period or within the fishing trip, whichever is shorter.

2. The flag Member State shall ensure that following the inspection referred to in paragraph 3 the vessel concerned ceases all fishing activities and an investigation into the serious infringement is initiated.

3. If no inspector or other person designated by the flag Member State of the vessel to carry out the investigation as outlined in paragraph 1 is present in the Regulatory area the flag Member State shall require the vessel to proceed immediately to a port where the investigation can be initiated.

4. When completing the investigation for any serious infringement of mis-recording of catch referred to in paragraph 1(b) the flag Member State shall ensure that the physical inspection and enumeration of total catch on board takes place under its authority in port. Such inspection may take place in the presence of an inspector from any another Contracting Party that wishes to participate, subject to the consent of the flag Member State.

5. When a vessel is required to proceed to port pursuant to paragraphs 2, 3 and 4, an inspector from another Contracting Party may board and/or remain on board the vessel as it is proceeding to port, provided that the competent authority of the Member State of the inspected vessel does not require the inspector to leave the vessel.

Article 47 Enforcement measures

1. Each flag Member State shall take enforcement measures with respect to a vessel, where it has been established, in accordance with its laws that this fishing vessel flying its flag committed a serious infringement to in Article 46.

2. The measures referred to in paragraph 1 may include, in particular depending on the gravity of the offence and in accordance with the pertinent provisions of national law:

(a) fines;

(b) seizure of illegal fishing gear and catches;

(c) sequestration of the vessel;

(d) suspension or withdrawal of fishing authorisation;

(e) reduction or withdrawal of the fishing quota.

3. The flag Member State of the vessel concerned shall notify to the Commission without delay, the appropriate measures taken in accordance with this Article. Based on this notification, the Commission shall notify to the NAFO Secretariat of that measures.

Article 48 Report on infringements

1. In case of a serious infringement referred to in Article 46, the Member State concerned shall provide the Commission with a report on the progress of the investigation, including details of any action taken or proposed to be taken in relation to the serious infringement as soon as practicable and in any case within three months following the notification of the infringement and a report on the outcome of the investigation when the investigation is completed.

2. The Commission shall compile a Community report on the basis of the reports of the Member States. It shall send the Community report on the progress of the investigation to the NAFO Secretariat within four months following the notification of the infringement and as soon as possible the report on the outcome of the investigation when the investigation is completed.

(1)

OJ L 175, 6.7.1988, p. 1.