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

CHAPTER VIII SPECIAL PROVISIONS FOR LANDING OR TRANSHIPPING OF FROZEN FISH CAUGHT BY THIRD-COUNTRY FISHING VESSELS IN THE NEAFC REGULATORY AREA

Article 49 Port State control

Without prejudice to Council Regulation (EEC) No 2847/93 and to Council Regulation (EC) No 1093/94 of 6 May 1994 setting the terms under which fishing vessels of a third country may land directly and market their catches at Community ports(1) the procedures set out in this Chapter shall apply from 1 May 2007 to landing or transhipping in ports of Member States of frozen fish caught by third-country fishing vessels in the NEAFC Regulatory area as set out in Article 1 of the Convention attached to Council Decision 81/608/EEC of 13 July 1981 concerning the conclusion of the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries(2).

Article 50 Designated ports

Landings and transhipments shall be allowed only in designated ports.

Member States shall designate a place used for landings or a place close to the shore (designated ports) where landings or transhipment operations of fish, referred to in Article 49, are permitted. Notwithstanding the date of application set out in Article 49, Member States shall send to the Commission before 15 January 2007 the list of such ports. Any subsequent changes to the list shall be notified to the Commission at least 15 days before the change comes into force.

The Commission shall publish the list of designated ports and changes thereto in the ’C’ series of the Official Journal of the European Union and place it on its website.

Article 51 Prior notice of entry into port

1. By way of derogation from Article 28e(1) of Regulation (EEC) No 2847/93 the masters of all fishing vessels, carrying fish referred to in Article 49, intending to call into a port to land or tranship shall notify the competent authorities of the port they wish to use at least 3 working days before the estimated time of arrival.

2. The notification referred to in paragraph 1 of this article shall be accompanied by the form provided for in Part I of Annex XV with Part A duly completed as follows:

(a) Form PSC 1shall be used where the fishing vessel is landing its own catch;

(b) Form PSC 2 shall be used where the fishing vessel has engaged in transhipment operations. In such cases a separate form shall be used for each donor vessel.

3. The port Member State shall forward a copy of the form referred to in paragraph 2 without delay to the flag State of the fishing vessel and to the flag State(s) of donor vessels when the vessel has engaged in transhipment operations.

Article 52 Authorisation to land or tranship

1. Landings or transhipments may be authorised by the port Member State only if the flag State of the fishing vessel intending to land or tranship, or where the vessel has engaged in transhipment operations outside a port, the flag State or States of donor vessels, have confirmed by returning a copy of the form transmitted pursuant to Article 51(3) with Part B duly completed, that:

(a) the fishing vessels declaring that they have caught the fish had sufficient quota for the species declared;

(b) the quantities of fish on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable;

(c) the fishing vessels declaring that they have caught the fish had authorisation to fish in the areas declared;

(d) the declared presence of the vessel in the area of catch has been verified according to VMS data.

Landing or transhipment operations may commence only after authorisation has been given by the competent authorities of the port Member State.

2. By way of derogation from paragraph 1, the port Member State may authorise all or part of a landing in the absence of the confirmation referred to in paragraph 1 but shall in such cases keep the fish concerned in storage under the control of the competent authorities. The fish shall only be released to be sold, taken over or transported once the confirmation referred to in paragraph 1 has been received. If the confirmation has not been received within 14 days of the landing the port Member State may confiscate and dispose of the fish in accordance with national rules.

3. The port Member State shall without delay notify its decision whether or not to authorise the landing or transhipment by transmitting a copy of the form provided for in Part I of Annex XV with Part C duly completed to the Commission and to the Secretary of NEAFC when the fish landed or transhipped is caught in the NEAFC Regulatory area.

Article 53 Inspections

1. Member States shall carry out inspections of at least 15 % of landings or transhipments by third-country fishing vessels, referred to in Article 49, in its ports each year.

2. Inspections shall involve the monitoring of the entire discharge or transhipment 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. Inspectors shall make all possible efforts to avoid unduly delaying a fishing vessel and ensure that the fishing vessel suffers the minimum interference and inconvenience and that degradation of the quality of the fish is avoided.

Article 54 Inspection reports

1. Each inspection shall be documented by completing an inspection report as set out in Part II of Annex XV.

2. A copy of each inspection report shall be transmitted without delay to the flag State of the inspected fishing vessel and to the flag State or States of donor vessels where the fishing vessel has engaged in transhipment operations and to the Commission and the Secretary of NEAFC when the fish landed or transhipped is caught in the NEAFC Regulatory Area;

3. The original or a certified copy of each inspection report shall be forwarded on request to the flag State of the inspected fishing vessel.

(1)

OJ L 121, 12.5.1994, p. 3

(2)

OJ L 227, 12.8.1981, p. 22