Commission Implementing Regulation (EU) No 404/2011Dangos y teitl llawn

CHAPTER II U.K. Fishing logbook, landing declaration and transhipment declaration in electronic format

Section 1 U.K. Completion and transmission of a fishing logbook, landing declaration and transhipment declaration data in electronic format

Article 36 U.K. Requirement of electronic recording and reporting system on F1 ... [F2 fishing vessels]

1. Without prejudice to Article 39(4) of this Regulation [F2 a] [F2 [F3 United Kingdom] fishing vessel] subject to electronic completion and transmission of fishing logbook, transhipment declaration and landing declaration in accordance with Articles 15, 21 and 24 of the Control Regulation shall not be allowed to leave port without a fully operational electronic recording and reporting system installed on board.

2. This Chapter shall not apply to F4 ... [F2 fishing vessels] used exclusively for the exploitation of aquaculture.

Textual Amendments

F1 Word in Art. 36 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(32)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

F3 Words in Art. 36(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(32)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in Art. 36(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(32)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 37 U.K. Format for transmission of data from [F2 a] [F2 [F5 United Kingdom] fishing vessel] to the competent authority of [F6 a fisheries administration]

[F7 A fisheries administration must] determine the format to be used between [F8 United Kingdom fishing vessels] and their competent authorities for the completion and transmission of fishing logbook, transhipment declaration and landing declaration data as referred to in Articles 15, 21 and 24 of the Control Regulation.

[F9 The fishing logbook, transhipment declaration and landing declaration in electronic format shall be completed in accordance with the instructions set out in Annex X.]

Textual Amendments

F2 Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

F5 Words in Art. 37 heading substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(33)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 37 heading substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(33)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 37 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(33)(b); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 37 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(33)(c); 2020 c. 1, Sch. 5 para. 1(1)

F9 Inserted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

Article 38 U.K. Return messages

1. Return messages shall be issued to the [F2 [F10 United Kingdom] fishing vessels] for each transmission of fishing logbook, transhipment, prior notification and landing data. The return message shall contain an acknowledgement of receipt.

2. The master of [F2 a] [F2 [F11 United Kingdom] fishing vessel] shall retain the return message until the end of the fishing trip.

Textual Amendments

F2 Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

F10 Words in Art. 38(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(34)(a); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 38(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(34)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 39 U.K. Provisions in the event of technical failure or non-functioning of electronic recording and reporting systems

1. In the event of a technical failure or non-functioning of the electronic recording and reporting system fitted on board a [F2 [F12 United Kingdom] fishing vessel], the master of the fishing vessel or his representative shall, starting from the time that the event was detected or from the time that he was informed in accordance with Article 40(1) of this Regulation, communicate fishing logbook, transhipment declaration and landing declaration data to the competent authorities of [F13 a fisheries administration] by appropriate telecommunications means on a daily basis and no later than 24.00 even when there are no catches. F14 ...

2. In the event of a technical failure or non-functioning of the electronic recording and reporting system fishing logbook and transhipment declaration data shall also be sent:

(a) at the request of the competent authority of [F15 a fisheries administration];

(b) immediately after the last fishing operation or after the transhipment has been completed;

(c) before entering into port;

(d) at the time of any inspection at sea;

(e) at the time of events defined in [F16 by a fisheries administration].

Prior notification and landing declaration data shall also be sent in the cases referred to in (a) and (e).

3. The competent authorities of [F17 a fisheries administration] shall enter the data referred to in paragraph 1 into the electronic data base without delay on their receipt.

4. Following a technical failure or non-functioning of its electronic recording and reporting system, a [F2 [F18 United Kingdom] fishing vessel] may only leave port once the recording and reporting system fitted on board is fully functioning to the satisfaction of the competent authorities of [F19 a fisheries administration] or is otherwise authorised to leave by the competent authorities of [F19 a fisheries administration]. The flag Member State shall immediately notify the [F20 third country] when it has authorised one of its fishing vessels to leave a port in the [F20 third country] with a non-functioning electronic recording and reporting system.

5. The removal of the electronic recording and reporting system for repair or replacement shall be subject to the approval of the competent authorities of [F21 a fisheries administration].

Textual Amendments

F2 Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

F12 Words in Art. 39(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 39(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 39(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 39(2)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 39(2)(e) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 39(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(c); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 39(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 39(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 39(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 39(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(e); 2020 c. 1, Sch. 5 para. 1(1)

Article 40 U.K. Non-receipt of data

1. When the competent authorities of a [F22 fisheries administration] have not received data transmissions in accordance with Articles 15, 22 and 24 of the Control Regulation they shall notify the master or the operator of the [F2 [F23 United Kingdom] fishing vessel or their representative(s) thereof as soon as possible. If, in respect of a particular [F23 United Kingdom] fishing vessel] or their representative, that situation occurs more than three times within a period of calendar year, [F24 a fisheries administration must] ensure that the electronic recording and reporting system of the fishing vessel is thoroughly checked. [F24 A fisheries administration must] investigate the matter in order to establish why data have not been received and shall take appropriate measures.

2. When the competent authorities of a [F25 fisheries administration] have not received data transmissions in accordance with Articles 15, 22 and 24 of the Control Regulation and the last position received through the Vessel Monitoring System was from within the waters of a [F26 third country] they shall notify the competent authorities of that [F26 third country] thereof as soon as possible.

3. The master or the operator of the [F2 [F27 United Kingdom] fishing vessel] or their representative shall send all data which have not yet been transmitted and for which a notification was received in accordance with paragraph 1 to the competent authorities of [F28 a fisheries administration] immediately on receipt of the notification.

Textual Amendments

F2 Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

F22 Words in Art. 40(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 40(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 40(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 40(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 40(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F27 Words in Art. 40(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Art. 40(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F29 Article 41 U.K. Data access failure

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Textual Amendments

F29 Art. 41 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(37); 2020 c. 1, Sch. 5 para. 1(1)

Article 42 U.K. Data on the functioning of the electronic recording and reporting system

1. [F30 A fisheries administration must] maintain databases on the functioning of their electronic recording and reporting system. Those databases shall contain at least and be capable to generate automatically the following information:

(a) the list of [F31 fishing vessels in its fleet] whose electronic recording and reporting systems have experienced technical failure or have failed to function;

(b) the number of vessels that have not made daily electronic fishing logbook transmissions and the average number of electronic fishing logbook transmissions received per fishing vessel, broken down by flag [F32 state];

(c) the number of transhipment declaration, landing declaration, takeover declaration and sales note transmissions received, broken down by flag [F33 state].

F34 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 Words in Art. 42(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(38)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F31 Words in Art. 42(1)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(38)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F32 Word in Art. 42(1)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(38)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F33 Word in Art. 42(1)(c) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(38)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F34 Art. 42(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(38)(b); 2020 c. 1, Sch. 5 para. 1(1)

F35 Article 43 U.K. Mandatory data in the exchange of information between Member States

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Textual Amendments

F35 Art. 43 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(39); 2020 c. 1, Sch. 5 para. 1(1)

F36 Article 44 U.K. Access to data

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Textual Amendments

F36 Art. 44 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(40); 2020 c. 1, Sch. 5 para. 1(1)

[F2 Article 45 U.K. Exchange of data F37 ...

[F38 A fisheries administration must]:

(a)

ensure that data received according to this Chapter are recorded in computer-readable form and safely stored in computerised databases for at least 3 years;

(b)

take all necessary measures to ensure that the data are only used for purposes as provided for in this Regulation; and

(c)

take all necessary technical measures to protect such data against any accidental or illicit destruction, accidental loss, deterioration, distribution or unauthorised consultation.]

Textual Amendments

F2 Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

F37 Words in Art. 45 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(41)(a); 2020 c. 1, Sch. 5 para. 1(1)

F38 Words in Art. 45 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(41)(b); 2020 c. 1, Sch. 5 para. 1(1)

F39 Article 46 U.K. Single authority

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Textual Amendments

F39 Art. 46 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(42); 2020 c. 1, Sch. 5 para. 1(1)

Section 2 U.K. Specific rules for the fishing logbook in electronic format

Article 47 U.K. Frequency of transmission

1. When at sea the master of [F2 a] [F2 [F40 United Kingdom] fishing vessel] shall transmit the electronic fishing logbook information to the competent authorities of [F41 a fisheries administration] at least once a day and no later than 24.00 even when there are no catches. He shall also send such data:

(a) at the request of the competent authority of [F41 a fisheries administration];

(b) immediately after the last fishing operation has been completed;

(c) before entering into port;

(d) at the time of any inspection at sea;

(e) at the time of events defined [F42 by a fisheries administration].

When the last fishing operation took place not more than 1 hour before the entry into port the transmissions referred to in (b) and (c) may be sent in a single message.

[F9 1a. The master of a [F43 United Kingdom] fishing vessel shall send an electronic departure message to the competent authorities of [F44 a fisheries administration] before leaving port and before starting any other electronic transmission related to the fishing trip.]

2. The master may transmit corrections to the electronic fishing logbook and transhipment declaration data up to the last transmission referred to in paragraph 1(c). Corrections shall be easily identifiable. All original electronic fishing logbook data and corrections to those data shall be stored by the competent authorities of [F45 a fisheries administration].

3. The master shall keep a copy of the information referred to in paragraph 1 on board the fishing vessel for the duration of each absence from port and until the landing declaration has been submitted.

4. When a [F2 [F46 United Kingdom] fishing vessel is in port, does not carry fishery products on board and the master has submitted the landing declaration for all fishing operations on the last fishing trip, transmission in accordance with paragraph 1 of this Article may be suspended subject to prior notification to the FMC of [F47 a fisheries administration]. Transmission shall be resumed when the [F46 United Kingdom] fishing vessel] leaves the port. Prior notification is not required for [F2 [F46 United Kingdom] fishing vessels] equipped with and transmitting data via VMS.

Textual Amendments

F2 Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

F9 Inserted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

F40 Words in Art. 47(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(43)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F41 Words in Art. 47(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(43)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F42 Words in Art. 47(1)(e) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(43)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F43 Words in Art. 47(1a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(43)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F44 Words in Art. 47(1a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(43)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F45 Words in Art. 47(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(43)(c); 2020 c. 1, Sch. 5 para. 1(1)

F46 Words in Art. 47(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(43)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F47 Words in Art. 47(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(43)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)