TITLE III CONTROL OF FISHERIES

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

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

Article 40 Non-receipt of data
1. When the competent authorities of a 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 United Kingdom fishing vessel or their representative(s) thereof as soon as possible. If, in respect of a particular United Kingdom fishing vessel or their representative, that situation occurs more than three times within a period of calendar year, a fisheries administration must ensure that the electronic recording and reporting system of the fishing vessel is thoroughly checked. A fisheries administration must investigate the matter in order to establish why data have not been received and shall take appropriate measures.
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)
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.
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)
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)
2. When the competent authorities of a 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 third country they shall notify the competent authorities of that third country thereof as soon as possible.
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)
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)
3. The master or the operator of the 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 a fisheries administration immediately on receipt of the notification.
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)
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)