TITLE IIICONTROL OF FISHERIES
CHAPTER II Fishing logbook, landing declaration and transhipment declaration in electronic format
Article 39Provisions 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 F1F2United 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 F3a fisheries administration by appropriate telecommunications means on a daily basis and no later than 24.00 even when there are no catches. F4...
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 F5a 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 F6by 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 F7a 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 F1F8United 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 F9a fisheries administration or is otherwise authorised to leave by the competent authorities of F9a fisheries administration. The flag Member State shall immediately notify the F10third country when it has authorised one of its fishing vessels to leave a port in the F10third 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 F11a fisheries administration.