TITLE VI

INSPECTION
CHAPTER I

Conduct of inspections
Section 3

Inspections in port

Preparation of inspection
Article 105
1
Without prejudice to benchmarks defined in specific control and inspection programmes and in Article 9 of Regulation (EC) No 1005/2008, an inspection of a fishing vessel shall take place in port or on landing, on the following occasions:
a
routinely subject to a sampling methodology based on a risk-based management; or
b
where it is suspected of failing to comply with the Fisheries Rules.
2
In cases referred to in paragraph 1(b) and without prejudice to the last sentence of Article 106(2) of this Regulation the competent authorities of a fisheries administration must ensure that the fishing vessel to be inspected in port is met by their officials on arrival.
3
Paragraph 1 does not exclude the possibility for a fisheries administration to undertake random inspections.
Words in Art. 105(1)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(78)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 105(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(78)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 105(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(78)(c); 2020 c. 1, Sch. 5 para. 1(1)