Council Regulation (EC) No 1342/2008 (repealed)Show full title

CHAPTER IV MONITORING, INSPECTION AND SURVEILLANCE

Article 18 Relationship with Regulation (EEC) No 2847/93

The control measures provided for in this Chapter shall apply in addition to those prescribed in Regulation (EEC) No 2847/93.

Article 19 Logbook checks

1. For vessels fitted with a VMS, Member States shall verify that the information received at the fisheries monitoring centres corresponds to activities recorded in the logbook by using VMS data. Such cross-checks shall be recorded in computer-readable form for a period of three years.

2. Each Member State shall maintain and make available on its official website the contact details for the submission of logbooks and landing declarations.

Article 20 Weighing of cod first landed

1. The master of a fishing vessel shall ensure that any quantity of cod exceeding 300 kg caught in the areas set out in Article 3 and landed in a Community port shall be weighed on board or in the port of landing before sale or before being transported elsewhere. The scales used for the weighing shall be approved by the competent national authorities. The figure resulting from the weighing shall be used for the declaration referred to in Article 8 of Regulation (EEC) No 2847/93.

2. By way of derogation from paragraph 1, Member States may permit the weighing of cod to take place at a fish auction on the territory of the Member State provided that the landing has been subject to a physical inspection and that the fish has been sealed before transport directly to the fish auction and remains sealed until the weighing takes place. The transport document shall indicate the details of the inspection carried out at landing.

Article 21 Inspection benchmarks

Each Member State with vessels concerned by this Regulation shall set specific inspection benchmarks. Such benchmarks shall be revised periodically after an analysis has been made of the results achieved. Inspection benchmarks shall evolve progressively until the target benchmarks defined in Annex II are reached.

Article 22 Prohibition on transhipping

The transhipment of cod at sea is prohibited in the geographical areas set out in Article 3.

Article 23 National control action programmes

1. Member States with vessels concerned by this Regulation shall define a national control action programme in accordance with Annex III.

2. Before 31 January each year, Member States with vessels concerned by this Regulation shall make available to the Commission and other Member States concerned by this Regulation on its official website their national control action programmes together with an implementation schedule.

3. The Commission shall convene at least once a year a meeting of the Committee for Fisheries and Aquaculture to evaluate compliance with and the results of the national control action programmes for cod stocks concerned by this Regulation.

Article 24 Prior notification

1. The master of a Community fishing vessel, or his/her representative, prior to any entry into port or any landing location of a Member State carrying more than one tonne of cod on board shall inform the competent authorities of that Member State, at least four hours in advance of such entry, of:

(a) the name of the port or landing location;

(b) the estimated time of arrival at that port or landing location;

(c) the quantities in kg live weight of all species of which more than 50 kg is retained on board.

2. The competent authorities of a Member State in which a landing of more than one tonne of cod is to be made may require that the discharge of catch retained on board shall not commence until authorised by those authorities.

3. The master of a Community fishing vessel, or his/her representative, wishing to tranship or discharge at sea any quantity retained on board or to land in a port or landing location of a third country shall inform the competent authorities of the flag Member State, at least 24 hours prior to transhipping or discharging at sea or to landing in a third country, of the information referred to in paragraph 1.

Article 25 Designated ports

1. Where more than two tonnes of cod are to be landed in the Community from a Community fishing vessel, the master of the vessel shall ensure that such landings are made only at designated ports.

2. Each Member State shall designate ports into which any landing of cod in excess of two tonnes shall take place.

3. Each Member State shall make available on their public website the list of designated ports and associated inspection and surveillance procedures for those ports, including the terms and conditions for recording and reporting the quantities of cod within each landing.

The Commission shall transmit this information to all Member States.

Article 26 Margin of tolerance in the estimation of quantities reported in the logbook

By way of derogation from Article 5(2) of Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States catches of fish(1), the permitted margin of tolerance, in the estimation of quantities of cod, in kg retained on board, shall be 8 % of the logbook figure.

Article 27 Separate stowage of cod

It shall be prohibited to retain on board a Community fishing vessel, in any container, any quantity of cod mixed with any other species of marine organisms. Containers with cod shall be stowed in the hold in such a way that they are kept separate from other containers.

Article 28 Transport of cod

1. The competent authorities of a Member State may require that any quantity of cod caught in any of the geographical areas defined in Article 3 and first landed in that Member State is weighed in the presence of controllers before being transported elsewhere from the port of first landing. For cod first landed in a port designated pursuant to Article 24, representative samples, amounting to at least 20 % of the landings in number shall be weighed in the presence of controllers authorised by the Member States before they are offered for first sale and sold. To this end, the Member States shall submit to the Commission, within one month of the date of entry into force of this Regulation, details of the sampling regime to be employed.

2. By way of derogation from the conditions laid down in Article 13 of Regulation (EEC) No 2847/93, all quantities of cod greater than 50 kg which are transported to a place other than that of first landing or import shall be accompanied by a copy of one of the declarations provided for in Article 8(1) of that Regulation pertaining to the quantities of cod transported. The exemption provided for in Article 13(4)(b) of that Regulation shall not apply.

Article 29 Specific monitoring programmes

By way of derogation from Article 34c(1) of Regulation (EEC) No 2847/93, the specific monitoring programmes for the cod stocks concerned may last more than two years from their date of entry into force.

(1)

OJ L 276, 10.10.1983, p. 1.