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Commission Implementing Regulation (EU) No 404/2011Show full title

Commission Implementing Regulation (EU) No 404/2011 of 8 April 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

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TITLE IU.K.

GENERAL PROVISIONS U.K. SCOPE U.K.

Article 1U.K.Subject matter

This Regulation lays down detailed rules for the application of the control system of the [F1United Kingdom] as established by the Control Regulation.

[F2This Regulation applies without prejudice to special provisions contained in fisheries agreements concluded between the United Kingdom and other countries or applicable in the framework of regional fisheries management organisations or similar agreements to which the United Kingdom is a Contracting Party or a non-contracting Cooperating Party.]

Textual Amendments

Article 2U.K.Definitions

For the purpose of this Regulation the following definitions shall apply:

(1)

F3...

(2)

F4...

(3)

‘holder of a fishing licence’ means a natural or legal person to whom a fishing licence as referred to Article 6 of the Control Regulation has been issued;

(4)

F5...

(5)

‘fish aggregating device’ means any equipment floating on the sea surface or anchored with the objective of attracting fish;

(6)

‘passive gear’ means any fishing gear the catch operation of which does not require an active movement of the gear, including:

(a)

gillnets, entangling nets, trammel nets, and trap nets;

(b)

drifting gillnets, and drifting trammel nets, any of which may be equipped with anchoring, floating and navigational gear;

(c)

long lines, lines, pots and traps;

(7)

‘beam trawl’ means any towed trawl in which the mouth of the trawl is held open by a beam or similar device, irrespectively of whether they are supported or not when dragged along the seabed;

(8)

‘vessel monitoring system’ (VMS) as referred to in Article 9(1) of the Control Regulation means a satellite-based fishing vessel monitoring system providing to the fisheries authorities data at regular intervals on the location, course and speed of vessels;

(9)

‘satellite-tracking device’ as referred to in Article 4(12) of the Control Regulation means a device installed on board of a fishing vessel that transmits position and related data automatically to the fisheries monitoring centre according to the legal requirements and that allows detection and identification of the fishing vessel at all times;

(10)

‘fishing trip’ means any voyage of a fishing vessel during which fishing activities are conducted that starts at the moment when the fishing vessel leaves a port and ends on arrival in port;

(11)

‘fishing operation’ means all activities in connection with searching for fish, the shooting, towing and hauling of active gears, setting, soaking, removing or resetting of passive gears and the removal of any catch from the gear, keep nets, or from a transport cage to fattening and farming cages;

(12)

‘electronic fishing logbook’ means the record by computerised means of fishing operation details by the master of a fishing vessel transmitted to the [F6the authorities of a fisheries administration or of a third country];

(13)

‘product presentation’ means a description of the processed state of the fisheries product or part thereof in accordance with the codes and descriptions in Annex I;

(14)

F7...

(15)

‘sighting’ means any observation of a fishing vessel by any competent authority of a [F8fisheries administration];

(16)

‘commercially sensitive information’ means information the release of which is likely to prejudice the commercial interests of an operator;

(17)

‘computerised validation system’ means a system capable of verifying that all data recorded in F9... databases is accurate, complete and submitted within the deadlines;

(18)

‘web service’ means a software system designed to support interoperable machine-to-machine interaction over a network;

(19)

[F10‘the Control Regulation’ means Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy.]

Textual Amendments

TITLE IIU.K. GENERAL CONDITIONS FOR ACCESS TO WATERS AND RESOURCES

CHAPTER I U.K. Fishing licenses

Article 3U.K.Issue and management of fishing licences

1.A fishing licence referred to in Article 6 of the Control Regulation shall be valid for one F11... [F12fishing vessel] only.

2.Fishing licences referred to in Article 6 of the Control Regulation shall be issued, managed and withdrawn by [F13a fisheries administration for United Kingdom fishing vessels] in accordance with this Regulation.

3.Fishing licences referred to in Article 6 of the Control Regulation shall contain as a minimum the information set out in Annex II.

4.Fishing licences issued in accordance with Regulation (EC) No 1281/2005 shall be considered as fishing licences issued in accordance with this Regulation if they contain the minimum information required by paragraph 3 of this Article.

5.A fishing licence shall only be valid if the conditions on the basis of which it has been issued are still met.

6.If a fishing licence has been temporarily suspended or permanently withdrawn, the authorities of [F14a fisheries administration must] immediately inform the holder of the fishing licence.

F157.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER II U.K. Fishing authorisations

Article 4U.K.Fishing authorisations

1.A fishing authorisation referred to in Article 7 of the Control Regulation shall be valid for one F16... [F12fishing vessel] only.

2.Fishing authorisations referred to in Article 7 of the Control Regulation shall contain as a minimum the information set out in Annex III. [F17A fisheries administration must] ensure that the information contained in the fishing authorisation is accurate and consistent with [F18Fisheries Rules].

3.Special fishing permits issued in accordance with Council Regulation (EC) No 1627/94(1) shall be considered as fishing authorisations issued in accordance with this Regulation if they contain the minimum information required by paragraph 2 of this Article.

4.A fishing authorisation as referred to in paragraph 2 and a fishing licence as referred to in Article 3(2) of this Regulation may be contained in the same document.

5.Without prejudice to special rules [F12[F19United Kingdom] fishing vessels] of less than 10 metres’ length overall which fish exclusively in [F20United Kingdom waters] shall be excluded from the obligation to a have a fishing authorisation.

6.Paragraph 2 and paragraph 5 of Article 3 of this Regulation shall apply correspondingly.

Textual Amendments

Article 5U.K.List of fishing authorisations

1.Without prejudice to special rules, F21... [F22a fisheries administration must] make available on the secure part of their official websites the list of [F23United Kingdom fishing vessels] that have received fishing authorisations referred to in Article 7 of the Control Regulation before these fishing authorisations become valid. They shall update their list in case of any changes to this list before they become effective.

F242.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER IIIU.K.Marking and identification of [F12[F25United Kingdom] fishing vessels] and their gear

Section 1 U.K. Marking and identification of fishing vessels

Article 6U.K.Marking of fishing vessels

[F12A] [F12[F26United Kingdom] fishing vessel] shall be marked as follows:

(a)

the letter(s) of the port or district in which the [F12[F26United Kingdom] fishing vessels] is registered and the number(s) under which it is registered shall be painted or displayed on both sides of the bow, as high above the water as possible so as to be clearly visible from the sea and the air, in a colour contrasting with the background on which they are painted;

(b)

for [F12[F26United Kingdom] fishing vessels over 10 metres length overall and less than 17 metres length overall, the height of the letters and numbers shall be at least 25 centimetres with a line thickness of at least 4 centimetres. For [F26United Kingdom] fishing vessels] of 17 metres length overall or more, the height of the letters and numbers shall be at least 45 centimetres, with a line thickness of at least 6 centimetres;

(c)

[F27a fisheries administration] may require the international radio call sign (IRCS) or the external registration letters and numbers to be painted on top of the wheelhouse, so as to be clearly visible from the air, in a colour contrasting with the ground on which it is painted;

(d)

the contrasting colours shall be white and black;

(e)

the external registration letters and numbers painted or displayed on the hull of the [F12[F26United Kingdom] fishing vessel] shall not be removable, effaced, altered, illegible, covered or concealed.

[F28As from 1 January 2016, the International Maritime Organisation ship identification number scheme, as adopted by Resolution A.1078(28) on 4 December 2013 and as referred to in Chapter XI-1, Regulation 3 of the 1974 SOLAS Convention, shall apply to:

(a)

[F26United Kingdom] fishing vessels or fishing vessels controlled by [F26United Kingdom] operators under a chartering arrangement, of 100 tons of Gross Tonnage or 100 tons of Gross Registered Tonnage and above, or 24 metres length overall and above, operating exclusively inside [F26United Kingdom] waters;

(b)

all [F26United Kingdom] fishing vessels or fishing vessels controlled by [F26United Kingdom] operators under a chartering arrangement, of 15 metres length overall and above, operating outside [F26United Kingdom] waters;

(c)

all third country fishing vessels authorised to carry out fishing activities in [F26United Kingdom] waters.]

Textual Amendments

Article 7U.K.Documents carried on board [F12a] [F29United Kingdom] [F12fishing vessel]

1.The master of a [F12[F30United Kingdom] fishing vessel] of 10 metres length overall or more shall carry on board documents, issued by a competent authority of [F31a fisheries administration], showing at least the following elements of the vessel:

(a)the name if any;

(b)the letters of the port or district in which it is registered, and the number(s) under which it is registered;

(c)the international radio call sign, if any;

(d)the names and addresses of the owner(s) and, where applicable, the charterer(s);

(e)the length overall, propulsion engine power, gross tonnage and, for [F12[F32United Kingdom] fishing vessels] which entered into service from 1 January 1987 onwards, date of entry into service.

2.On [F12[F33United Kingdom] fishing vessels] of 17 metres length overall or more with fish rooms the master shall keep on board accurate drawings with description of its fish rooms, including the indication of all access points and of their storage capacity in cubic metres.

3.The master of [F34a United Kingdom fishing] [F12vessel] with chilled or refrigerated seawater tanks shall keep on board an up-to-date document indicating the calibration of the tanks in cubic metres at 10 centimetre intervals.

4.The documents referred to in paragraphs 2 and 3 shall be certified by the competent authority of [F35a fisheries administration]. Any modification of the characteristics contained in the documents referred to in paragraphs 1 to 3, shall be certified by a competent authority of [F35a fisheries administration].

5.The documents referred to in this Article shall be presented for the purposes of control and inspection at the request of the officials.

Textual Amendments

Section 2 U.K. Marking and identification of fishing gear and crafts

Article 8U.K.Marking of crafts and fish aggregating devices

Any craft carried on board [F12[F36United Kingdom] fishing vessels] and fish aggregating devices shall be marked with external registration letters and numbers of the [F12[F36United Kingdom] fishing vessel(s)] which use them.

Textual Amendments

Article 9U.K.General rules for passive gear and beam trawls

1.The provisions contained in Articles 9 to 12 of this Regulation shall apply to [F12[F37United Kingdom] fishing vessels] fishing in all [F12[F37United Kingdom] waters and the provisions contained in Articles 13 to 17 of this Regulation to [F37United Kingdom] waters] outside 12 nautical miles measured from the base lines F38....

2.It shall be prohibited in [F12[F39United Kingdom] waters] as set down in paragraph 1 to carry out fishing activities with passive gear, buoys, and beam trawls, which are not marked and identifiable in accordance with the provisions of Articles 10 to 17 of this Regulation.

3.It shall be prohibited in [F12[F40United Kingdom] waters] as set down in paragraph 1 to carry on board:

(a)beams of a beam trawl which do not display the external registration letters and numbers in accordance with Article 10 of this Regulation;

(b)passive gear which is not labelled in accordance with Article 11(2) of this Regulation;

(c)buoys which are not marked in accordance with Article 13(2) of this Regulation.

Textual Amendments

Article 10U.K.Rules for beam trawls

The master of [F12a] [F12[F41United Kingdom] fishing vessel] or his representative shall ensure that each assembled beam trawl carried on board or used for fishing clearly displays the external registration letters and numbers of that fishing vessel on the beam of each beam trawl assembly.

Textual Amendments

Article 11U.K.Rules for passive gear

1.The master of [F12a] [F12[F42United Kingdom] fishing vessel] or his representative shall ensure that each passive gear carried on board or used for fishing is clearly marked and identifiable in accordance with the provisions of this Article.

2.Each passive gear used for fishing shall permanently display the external registration letters and numbers displayed on the hull of the fishing vessel to which it belongs:

(a)for nets, on a label attached to the upper first row;

(b)for lines and long lines, on a label at the point of contact with the mooring buoy;

(c)for pots and traps, on a label attached to the ground rope;

(d)for passive gear extending more than 1 nautical mile, on labels attached in accordance with (a), (b) and (c) at regular intervals not exceeding 1 nautical mile so that no part of the passive gear extending more than 1 nautical mile shall be left unmarked.

Textual Amendments

Article 12U.K.Rules for labels

1.Each label shall be:

(a)made of durable material;

(b)securely fitted to the gear;

(c)at least 65 millimetres broad;

(d)at least 75 millimetres long.

2.The label shall not be removable, effaced, altered, illegible, covered or concealed.

Article 13U.K.Rules for buoys

1.The master of a [F12[F43United Kingdom] fishing vessel] or his representative shall ensure that two end marker buoys and intermediary marker buoys, rigged in accordance with Annex IV, are fixed to each passive gear used for fishing and are deployed in accordance with the provisions of this Section.

2.Each end marker buoy and intermediary buoy shall display the external registration letters and numbers displayed on the hull of the [F12[F43United Kingdom] fishing vessel] to which they belong and which has deployed such buoys as follows:

(a)letters and numbers shall be displayed as high above the water as possible so as to be clearly visible;

(b)in a colour contrasting with the surface on which they are displayed.

3.The letters and numbers displayed on the marker buoy shall not be effaced, altered or allowed to become illegible.

Textual Amendments

Article 14U.K.Rules for cords

1.The cords linking the buoys to the passive gear shall be of submersible material, or shall be weighted down.

2.The cords linking the end marker buoys to each gear shall be fixed at the ends of that gear.

Article 15U.K.Rules for end marker buoys

1.End marker buoys shall be deployed so that each end of the gear may be determined at any time.

2.The mast of each end marker buoy shall have a height of at least 1 metre above the sea level measured from the top of the float to the lower edge of the bottom most flag.

3.End marker buoys shall be coloured, but may not be red or green.

4.Each end marker buoy shall include:

(a)one or two rectangular flag(s); where two flags are required on the same buoy, the distance between them shall be at least 20 centimetres flags indicating the extremities of the same gear shall be of the same colour and may not be white and shall be of the same size;

(b)one or two light(s), which shall be yellow and give one flash each 5 seconds (F1 Y 5s), and be visible from a minimum distance of 2 nautical miles.

5.Each end marker buoy may include a top sign on the top of the buoy with one or two striped luminous bands which shall be neither red nor green and shall be at least 6 centimetres broad.

Article 16U.K.Rules for fixing of end marker buoys

1.End marker buoys shall be fixed to passive gear in the following way:

(a)the buoy in the western sector (meaning the half compass circle from south through west to and including north) shall be rigged with two flags, two striped luminous bands, two lights and a label in accordance with Article 12 of this Regulation;

(b)the buoy in the eastern sector (meaning the half compass circle from north through east to and including the south) shall be rigged with one flag one striped luminous band, one light and a label in accordance with Article 12 of this Regulation.

2.The label shall contain the information contained in Article 13(2) of this Regulation.

Article 17U.K.Intermediary marker buoys

1.Intermediary marker buoys shall be fixed to passive gear extending more than 5 nautical miles as follows:

(a)intermediary marker buoys shall be deployed at distances of not more than 5 nautical miles so that no part of the gear extending 5 nautical miles or more shall be left unmarked;

(b)intermediary marker buoys shall be fitted with a flashing light which shall be yellow and give one flash every 5 seconds (F1 Y 5s) and be visible from a minimum distance of 2 nautical miles. They shall have the same characteristics as those of the end marker buoy in the eastern sector, except that the flag shall be white.

2.By derogation from paragraph 1, in the Baltic Sea intermediary marker buoys shall be fixed to passive gear extending more than 1 nautical mile. Intermediary marker buoys shall be deployed at distances of not more than 1 nautical mile so that no part of the gear extending 1 nautical mile or more shall be left unmarked.

Intermediary marker buoys shall have the same characteristics as those of the end marker buoy in the eastern sector except for the following:

(a)the flags shall be white;

(b)every fifth intermediary marker buoys shall be fitted with a radar reflector giving an echo of at least 2 nautical miles.

Textual Amendments

CHAPTER IV U.K. Vessel monitoring system

Article 18U.K.Requirement of satellite-tracking devices on F44... [F12fishing vessels]

1.Without prejudice to Article 25(3) of this Regulation [F12a] [F12[F45United Kingdom] fishing vessel] subject to VMS shall not be allowed to leave a port without a fully operational satellite-tracking device installed on board.

2.When [F12a] [F12[F46United Kingdom] fishing vessel] is in port, the satellite-tracking device may only be switched off if:

(a)prior notification has been given to the fisheries monitoring centre (FMC) of [F47a fisheries administration]; and

(b)providing that the next report shows that the [F12[F46United Kingdom] fishing vessel] has not changed its position in relation to the previous report.

The competent authorities of [F48a fisheries administration] may allow to replace the prior notification referred to in (a) with an automatic VMS message or alarm generated by the system, indicating that the F49... [F12fishing vessel] is within a pre-defined geographical area of a port.

3.This Chapter shall not apply to F50... [F12fishing vessels] used exclusively for the exploitation of aquaculture.

Textual Amendments

Article 19U.K.Characteristics of satellite-tracking devices

1.The satellite-tracking device installed on board [F12[F51United Kingdom] fishing vessels] shall ensure the automatic transmission to the FMC of [F52a fisheries administration], at regular intervals, of data relating to:

(a)the fishing vessel identification;

(b)the most recent geographical position of the fishing vessel, with a position error which shall be less than 500 metres, with a confidence interval of 99 %;

(c)the date and time (expressed in Coordinated Universal Time (UTC)) of the fixing of the said position of the fishing vessel; and

(d)the instant speed and course of the fishing vessel.

2.[F53A fisheries administration must] ensure that satellite-tracking devices are protected against input or output of false positions and cannot be manually over-ridden.

Textual Amendments

Article 20U.K.Responsibilities of the masters concerning the satellite-tracking devices

1.The masters of [F12a] [F12[F54United Kingdom] fishing vessel] shall ensure that the satellite-tracking devices are fully operational at all times and that the data referred to in Article 19(1) of this Regulation are transmitted.

2.Without prejudice to Article 26(1) of this Regulation, the master of [F12a] [F12[F55United Kingdom] fishing vessel] shall ensure in particular that:

(a)the data are not altered in any way;

(b)the antenna or the antennas connected to the satellite tracking devices are not obstructed, disconnected or blocked in any way;

(c)the power supply of the satellite-tracking devices is not interrupted in any way; and

(d)the satellite-tracking device is not removed from the fishing vessel.

3.It shall be prohibited to destroy, damage, render inoperative or otherwise interfere with the satellite-tracking device unless the competent authorities of [F56a fisheries administration] have authorised its repair or replacement.

Textual Amendments

Article 21U.K.Control measures to be adopted by [F57a fisheries administration]

[F58A fisheries administration must] ensure the continuous and systematic monitoring and control of the accuracy of the data referred to in Article 19 of this Regulation, and shall act promptly whenever data are found to be inaccurate or incomplete.

Textual Amendments

Article 22U.K.Frequency of data transmission

1.[F59A fisheries administration must] ensure that its FMC receives, at least once every 2 hours, through the VMS the information referred to in Article 19 of this Regulation concerning [F60fishing vessels in its fleet]. The FMC may require the information at shorter time intervals.

2.The FMC shall have the capacity of polling the actual position of each of its [F60fishing vessels in its fleet].

Textual Amendments

Article 23U.K.Monitoring of entry into and exit from specific areas

[F61A fisheries administration must] ensure that through VMS data its FMC monitors, as regards [F62fishing vessels in its fleet], date and time of entry into and exit from:

(a)

any maritime area where specific rules on access to waters and resources apply;

(b)

fishing restricted areas referred to in Article 50 of the Control Regulation;

(c)

regulatory areas of the Regional Fisheries Management Organisations to which the [F63United Kingdom is] a party;

(d)

waters under the sovereignty and jurisdiction of a third country.

Textual Amendments

F64Article 24U.K.Transmission of data to the coastal Member State

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 25U.K.Technical failure or non-functioning of the satellite-tracking device

1.In the event of a technical failure or non-functioning of the satellite-tracking device fitted on board a [F12[F65United Kingdom] fishing vessel], the master or his representative shall, starting from the time that the event was detected or from the time that he was informed in accordance with paragraph 4 or Article 26(1) of this Regulation, communicate every 4 hours, to the FMC of [F66a fisheries administration] the up-to-date geographical coordinates of the fishing vessel by appropriate telecommunication means. F67...

2.The FMC of [F68a fisheries administration must] enter the geographical positions referred to in paragraph 1 into the VMS database without delay on their receipt. The manual VMS data shall be clearly distinguishable in a database from automatic messages. F69...

3.Following a technical failure or non-functioning of the satellite-tracking device, [F12a] [F12[F70United Kingdom] fishing vessel] may only leave port once the satellite-tracking device fitted on board is fully functioning to the satisfaction of the competent authorities of [F71a fisheries administration]. By derogation the FMC of [F72a fisheries administration] may authorise [F73fishing vessels in its fleet] to leave the port with a non-functioning satellite-tracking device for its repair or replacement.

4.The competent authorities of [F74a fisheries administration must] seek to inform the master of or the person responsible for the vessel or their representative when the satellite-tracking device fitted on board a [F12[F75United Kingdom] fishing vessel] appears to be defective or not fully functioning.

5.The removal of the satellite-tracking device for repair or replacement shall be subject to the approval of the competent authorities of [F76a fisheries administration].

Textual Amendments

Article 26U.K.Non-receipt of data

1.When the FMC of a [F77fisheries administration] has not received data transmissions in accordance with Article 22 or Article 25(1) of this Regulation for 12 consecutive hours it shall notify the master or the operator of the [F12[F78United Kingdom] fishing vessel] or their representative(s) thereof as soon as possible. If, in respect of [F79a] particular fishing vessel, that situation occurs more than three times within a period of a calendar year, the [F80fisheries administration must] ensure that the satellite-tracking device of the fishing vessel is thoroughly checked. The [F80fisheries administration must] investigate the matter in order to establish whether the equipment has been tampered with. By way of derogation from Article 20(2)(d) of this Regulation, that investigation may entail the removal of such equipment for examination.

2.When the FMC of a [F81fisheries administration] has not received data transmissions for 12 hours in accordance with Article 22 or Article 25(1) of this Regulation and the last received position was from within the waters of [F82a third country] it shall notify [F83the competent authority of that country] thereof as soon as possible.

F843.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 27U.K.Monitoring and recording of the fishing activities

[F851.A fisheries administration shall use relevant data received from other authorities for the effective monitoring of the activities of fishing vessels.]

2.[F86A 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 they are only used for official purposes; 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

F87Article 28U.K.Access to data by the Commission

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

TITLE IIIU.K. CONTROL OF FISHERIES

CHAPTER I U.K. Fishing logbook, transhipment declaration and landing declaration in paper format

Section 1 U.K. Completion and submission of a fishing logbook, landing declaration and transhipment declaration in paper format

Article 29U.K.F88... [F12fishing vessels] subject to the completion and submission of a fishing logbook and transhipment/landing declaration in paper format

1.Without prejudice to specific provisions contained in multi-annual plans, the master of a [F12[F89United Kingdom] fishing vessel] of 10 metres length overall or more that is not subject to the electronic completion and transmission of fishing logbook data, transhipment declarations and landing declarations, shall complete and submit the fishing logbook data, transhipment declarations and landing declarations referred to in Articles 14, 21 and 23 of the Control Regulation in paper format. These transhipment declarations and landing declarations may also be completed and submitted by the representative of the master on his behalf.

F902.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F12Article 30U.K.Models for fishing log-books, transhipment declarations and landing declarations in paper format

1.In [F91United Kingdom] waters, the fishing logbook, transhipment declaration and landing declaration in paper format shall be completed and submitted by masters of [F91United Kingdom] fishing vessels in accordance with the model in Annex VI.

F922.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.When [F93United Kingdom] fishing vessels are carrying out fishing activities in the waters of a third country, in waters regulated by a Regional Fisheries Management Organisation or in waters outside [F93United Kingdom] waters not regulated by a Regional Fisheries Management Organisation, the fishing logbook, transhipment declaration and landing declaration in paper format shall be completed and submitted by masters of [F93United Kingdom] fishing vessels in accordance with Article 31 of this Regulation and the models in Annexes VI and VII, unless the third country or the rules of the Regional Fisheries Management Organisation concerned specifically require the use of a different kind of fishing logbook, transhipment declaration or landing declaration. If the third country does not specify a particular fishing logbook, transhipment declaration or landing declaration, but does require data elements different from those required by [F94laws applicable in the United Kingdom], such data elements shall be recorded.

F954.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Article 31U.K.Instructions for the completion and submission of fishing logbooks, transhipment declarations and landing declarations in paper format

1.The fishing logbook, transhipment declaration and landing declaration in paper format shall be completed and submitted in accordance with the instructions set out in Annex X.

2.Where the instructions set out in Annex X state that the application of a rule is optional, [F96a fisheries administration] may make it mandatory.

3.All entries in the fishing logbook, transhipment declaration or landing declaration shall be legible and indelible. No entry shall be erased or altered. If a mistake is made the incorrect entry shall be crossed out with a single line and the new correct entry shall be written and initialled by the master. Each line shall be initialled by the master.

4.The master of the [F12[F97United Kingdom] fishing vessel] or, for transhipment declarations and landing declarations, his representative shall certify with his initials or signature that the entries in the fishing logbook, transhipment declaration and landing declaration are correct.

Textual Amendments

Article 32U.K.Deadlines for the submission of a fishing logbook, transhipment declaration and a landing declaration in paper format

1.When a [F12[F98United Kingdom] fishing vessel] has made a landing in a port or a transhipment in a port or in a place close to the shore of [F99the United Kingdom], its master shall submit the original(s) of the fishing logbook, transhipment declaration and landing declaration as soon as possible and not later than 48 hours after completion of transhipment or landing to the competent authorities of the [F100fisheries administration] concerned. The original(s) of such a transhipment declaration and landing declaration may also be submitted by the representative of the master on his behalf.

2.When no catches are landed after a fishing trip, the master shall submit the original(s) of the fishing logbook and transhipment declaration as soon as possible and not later than 48 hours after arrival in port. The original(s) of such a transhipment declaration may also be submitted by the representative of the master on his behalf.

3.When a [F12[F101United Kingdom] fishing vessel] has made a transhipment in a port or in a place close to the shore or a landing in a port of a [F102third country], it shall submit the first copy (copies) of the fishing logbook, transhipment declaration and landing declaration as soon as possible and not later than 48 hours after transhipment or landing to the competent authorities of the [F103country] in which the transhipment or landing takes place. The original(s) of the fishing logbook, transhipment declaration and landing declaration shall be dispatched as soon as possible and not later than 48 hours after transhipment or landing to the competent authorities of [F104a fisheries administration].

4.When a [F12[F105United Kingdom] fishing vessel] has made a transhipment in a port or in the waters of a third country or on the high seas or a landing in a port of a third country, it shall dispatch the original(s) of the fishing logbook, transhipment declaration and landing declaration as soon as possible and not later than 48 hours after the transhipment or landing to the competent authorities of [F106a fisheries administration].

5.When a third country or the rules of a Regional Fisheries Management Organisation require a different kind of fishing logbook, transhipment declaration or landing declaration from the one in Annex VI the master of the [F12[F107United Kingdom] fishing vessel] shall submit a copy of that document to his competent authorities as soon as possible and not later than 48 hours after transhipment or landing.

Textual Amendments

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

Article 33U.K.Completion of fishing logbook in paper format

1.The paper fishing logbook shall be completed with all obligatory information even when there are no catches:

(a)daily by not later than 24.00 and before entering the port;

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

(c)at the time of events defined [F108by a fisheries administration].

2.A new line in the paper fishing logbook shall be filled in:

(a)for each day at sea;

(b)when fishing in a new ICES Division or another fishing zone the same day;

(c)when entering fishing effort data.

3.A new page in the paper fishing logbook shall be filled in:

(a)when using different gear, or a net of a different mesh size range, to that of the previous gear used;

(b)for any fishing done after a transhipment or an intermediate landing;

(c)if the number of columns is insufficient;

(d)on departure from a port when no landing has taken place.

4.On departure from a port, or following completion of a transhipment operation, and when catches remain on board, the quantities of each species shall be indicated on a new fishing logbook page.

5.The codes given in Annex XI shall apply to indicate, under the appropriate headings of the paper format fishing logbook, the fishing gear used.

Textual Amendments

Section 3 U.K. Specific rules for the transhipment declaration and landing declaration in paper format

Article 34U.K.Handing over of a transhipment declaration in paper format

1.In the case of a transhipment operation between two [F12[F109United Kingdom] fishing vessels] on completion of a transhipment operation the master of the transhipping fishing vessel or his representative shall hand over a copy of his vessel’s paper transhipment declaration to the master of the receiving vessel or his representative. The master of the receiving vessel or his representative on completion of transhipment operation shall also hand over a copy of his vessel’s paper transhipment declaration to the master of the transhipping vessel or his representative.

2.The copies referred to in paragraph 1 shall be presented for the purposes of control and inspection at the request of an official.

Textual Amendments

Article 35U.K.Signing of the landing declaration

Each page of the landing declaration shall be signed prior to submission by the master or his representative.

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 36U.K.Requirement of electronic recording and reporting system on F110... [F12fishing vessels]

1.Without prejudice to Article 39(4) of this Regulation [F12a] [F12[F111United 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 F112... [F12fishing vessels] used exclusively for the exploitation of aquaculture.

Textual Amendments

Article 37U.K.Format for transmission of data from [F12a] [F12[F113United Kingdom] fishing vessel] to the competent authority of [F114a fisheries administration]

[F115A fisheries administration must] determine the format to be used between [F116United 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.

[F28The 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

Article 38U.K.Return messages

1.Return messages shall be issued to the [F12[F117United 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 [F12a] [F12[F118United Kingdom] fishing vessel] shall retain the return message until the end of the fishing trip.

Textual Amendments

Article 39U.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 [F12[F119United 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 [F120a fisheries administration] by appropriate telecommunications means on a daily basis and no later than 24.00 even when there are no catches. F121...

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 [F122a 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 [F123by 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 [F124a 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 [F12[F125United 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 [F126a fisheries administration] or is otherwise authorised to leave by the competent authorities of [F126a fisheries administration]. The flag Member State shall immediately notify the [F127third country] when it has authorised one of its fishing vessels to leave a port in the [F127third 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 [F128a fisheries administration].

Textual Amendments

Article 40U.K.Non-receipt of data

1.When the competent authorities of a [F129fisheries 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 [F12[F130United Kingdom] fishing vessel or their representative(s) thereof as soon as possible. If, in respect of a particular [F130United Kingdom] fishing vessel] or their representative, that situation occurs more than three times within a period of calendar year, [F131a fisheries administration must] ensure that the electronic recording and reporting system of the fishing vessel is thoroughly checked. [F131A 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 [F132fisheries 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 [F133third country] they shall notify the competent authorities of that [F133third country] thereof as soon as possible.

3.The master or the operator of the [F12[F134United 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 [F135a fisheries administration] immediately on receipt of the notification.

Textual Amendments

F136Article 41U.K.Data access failure

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Textual Amendments

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

1.[F137A 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 [F138fishing 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 [F139state];

(c)the number of transhipment declaration, landing declaration, takeover declaration and sales note transmissions received, broken down by flag [F140state].

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Textual Amendments

F142Article 43U.K.Mandatory data in the exchange of information between Member States

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Textual Amendments

F143Article 44U.K.Access to data

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Textual Amendments

[F12Article 45U.K.Exchange of data F144...

[F145A 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

F146Article 46U.K.Single authority

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Textual Amendments

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

Article 47U.K.Frequency of transmission

1.When at sea the master of [F12a] [F12[F147United Kingdom] fishing vessel] shall transmit the electronic fishing logbook information to the competent authorities of [F148a 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 [F148a 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 [F149by 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.

[F281a.The master of a [F150United Kingdom] fishing vessel shall send an electronic departure message to the competent authorities of [F151a 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 [F152a 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 [F12[F153United 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 [F154a fisheries administration]. Transmission shall be resumed when the [F153United Kingdom] fishing vessel] leaves the port. Prior notification is not required for [F12[F153United Kingdom] fishing vessels] equipped with and transmitting data via VMS.

Textual Amendments

CHAPTER III U.K. Common rules for fishing logbooks, transhipment declarations and landing declarations in paper or electronic format

Section 1 U.K. Common rules for the determination of live weight

Article 48U.K.Definitions

For the purpose of this Chapter the following definitions shall apply:

(1)

‘presentation’ means the form into which the fish is processed while on board of the fishing vessel and prior to landing, as described in Annex I;

(2)

‘collective presentation’ means a presentation consisting of two or more parts extracted from the same fish.

Article 49U.K.Conversion factors

1.For the completion and submission of fishing logbooks as referred to in Articles 14 and 15 of the Control Regulation the F155... conversion factors set out in Annexes XIII, XIV and XV shall apply to convert stored or processed fish weight into live fish weight. They shall apply to fisheries products on board or transhipped or landed by [F12[F156United Kingdom] fishing vessels].

2.By way of derogation from paragraph 1, where Regional Fisheries Management Organisations, of which the [F157United Kingdom] is a contracting party or cooperating non-contracting party, for its regulatory area or a third country with whom the [F157United Kingdom] has an agreement to fish, for the waters under its sovereignty or jurisdiction, have established conversion factors, those factors shall apply.

3.Where no conversion factors as referred to in paragraphs 1 and 2 exist for a given species and presentation, the conversion factor adopted by the [F158a fisheries administration] shall apply.

4.Without prejudice to paragraph 2 the competent authorities of [F159a fisheries administration] shall use the F160... conversion factors referred to in paragraph 1 when calculating the live weight of transhipments and landings in order to monitor the quota uptake.

Textual Amendments

Article 50U.K.Calculation method

1.The fish live weight shall be obtained by multiplying the fish processed weight by the conversion factors referred to in Article 49 of this Regulation for each species and presentation.

2.In case of collective presentations, only one conversion factor corresponding to one of the parts of the collective presentation of a fish shall be used.

Section 2 U.K. Common rules for the completion and submission of the Fishing logbook

Article 51U.K.General rules for fishing logbooks

1.The margin of tolerance referred to in Article 14(3) of the Control Regulation for the estimation of quantities in kilograms live weight of each species retained on board shall be expressed as a percentage of the fishing logbook figures.

2.For catches which are to be landed unsorted the margin of tolerance may be calculated on the basis of one or more representative samples for the total quantities kept on board.

3.For the purpose of the application of Article 14 of the Control Regulation species caught for live bait shall be considered as a species caught and kept on board.

4.The master of a [F12[F161United Kingdom] fishing vessel] crossing an effort zone where it is authorised to fish shall record and report the information referred to in Article 14(5) of the Control Regulation as applicable even if he does not carry out any fishing activities in that zone.

Textual Amendments

Section 3 U.K. Common rules for the completion and submission of transhipment/landing declarations

Article 52U.K.Margin of tolerance in the transhipment declaration

The margin of tolerance referred to in Article 21(3) of the Control Regulation for the estimation of quantities in kilograms live weight of each species transhipped or received shall be expressed as a percentage of the transhipment declaration figures.

Article 53U.K.Difference in transhipped catches

When a difference exists between the quantities of catches transhipped from the transhipping vessel and the quantities taken on board by the receiving vessel the higher quantity shall be considered to have been transhipped. [F162A fisheries administration must] ensure that follow up action is taken to determine the actual weight of fishery products transhipped between the transhipping and the receiving vessel.

Textual Amendments

Article 54U.K.Completion of landing operation

When, in accordance with Article 61 of the Control Regulation, the fisheries products are transported from the place of landing before they have been weighed, the landing operation shall be regarded to have been completed for the purpose of the application of Articles 23(3) and 24(1) of the Control Regulation when the fisheries products have been weighed.

Article 55U.K.Fishing Operations involving two or more F163... [F12fishing vessels]

Without prejudice to special rules in the case of fishing operations involving two or more [F12[F164United Kingdom] fishing vessels]F165... the landed catch shall be attributed to the [F12[F164United Kingdom] fishing vessel] landing the fisheries products.

Textual Amendments

F166CHAPTER IVU.K.

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Textual Amendments

CHAPTER V U.K. Control of fishing effort

Article 58U.K.Fishing effort report

1.The fishing effort report referred to in Article 28 of the Control Regulation shall be sent in accordance with Annex XVII.

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Textual Amendments

F168CHAPTER VIU.K.

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Textual Amendments

CHAPTER VII U.K. Engine power

Article 61U.K.Certification of propulsion engine power

1.The certification of the maximum continuous engine power of a new propulsion engine, a replacement propulsion engine and a propulsion engine that has been technically modified, as referred to in Article 40(1) and (2) of the Control Regulation, shall be provided in accordance with [F169Regulation (EU) 2017/1130].

2.A propulsion engine shall be considered to have been technically modified as referred to in paragraph 1 when any of its main components (parts), including but not limited to, injection equipment, valves, turbocharger, pistons, cylinder liners, connecting rods, cylinder heads, have been modified or replaced by new parts with different technical specifications resulting in a modified power rating or when the engine adjustments, such as the injection settings, turbocharger configuration, or the valve timings have been modified. The nature of the technical modification shall be clearly explained in the certification referred to in paragraph 1.

3.The holder of a fishing licence shall inform the competent authorities before a new propulsion engine will be installed or before an existing propulsion engine will be replaced or technically modified.

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Textual Amendments

Article 62U.K.Verification and sampling plan

1.For the purpose of verifying the engine power in accordance with Article 41 of the Control Regulation, [F171a fisheries administration must] establish a sampling plan for the identification of [F172United Kingdom fishing vessels] or groups of fishing vessels [F173in its fleet] with a risk of under-declaration of propulsion engine power. As a minimum, the sampling plan shall be based on following high risk criteria:

(a)fishing vessels operating in fisheries that are subject to fishing effort regimes, in particular those fishing vessels to which an individual effort allocation in kW*days has been allocated;

(b)fishing vessels subject to limitations of vessel power resulting from F174... law;

(c)fishing vessels for which the ratio of vessel power (kW) to vessel tonnage (GT) is 50 % lower than the average ratio for the same type of fishing vessel, gear type and target species. For the purpose of that analysis, [F175a fisheries administration] may divide the fleet according to one or several of the following criteria:

(i)

fleet segmentation or management units defined in national law;

(ii)

length categories;

(iii)

tonnage categories;

(iv)

gears used;

(v)

target species.

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Textual Amendments

Article 63U.K.Physical verification

1.When propulsion power measurements are performed on board a fishing vessel in the framework of a physical verification of propulsion engine power as referred to in Article 41(2) of the Control Regulation, the propulsion engine power may be measured at the most accessible point between the propeller and the engine.

2.If the power of the propulsion engine is measured after the reduction gear, an appropriate correction shall be applied to the measurement in order to calculate the propulsion engine power at the engine output flange according to the definition in Article 5(1) of [F177Regulation (EU) 2017/1130]. That correction shall take into account the power losses resulting from the gearbox on the basis of the official technical data provided by the gearbox manufacturer.

Textual Amendments

F178CHAPTER VIIIU.K.

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Textual Amendments

TITLE IVU.K. CONTROL OF MARKETING

CHAPTER I U.K. Traceability

[F12Article 66 U.K. Definition

For the purpose of this Chapter, the following definition shall apply:

  • ‘Fisheries and aquaculture products’ means any products which fall under Chapter 3, subheading 1212 21 00 of Chapter 12 and under headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87 (2) .]

Textual Amendments

Article 67U.K.Information on lots

1.Operators shall provide the information on fisheries and aquaculture products referred to in Article 58(5) of the Control Regulation at the moment when the fisheries and aquaculture products are put into lots and no later than the first sale.

2.In addition to paragraph 1, operators shall update the relevant information referred to in Article 58(5) of the Control Regulation which ensues from the merging or splitting of the lots of fisheries and aquaculture products after first sale, at the stage when it becomes available.

3.In case where, as a result of the merging or splitting of the lots after first sale, fisheries and aquaculture products from several fishing vessels or aquaculture production units are mixed, operators shall be able to identify each lot of origin at least by means of their identification number referred to in Article 58(5)(a) of the Control Regulation and make possible to trace them back to catching or harvesting stage, in accordance with Article 58(3) of the Control Regulation.

4.Systems and procedures referred to in Article 58(4) of the Control Regulation shall allow operators to identify the immediate supplier(s) and, except when they are final consumers, the immediate buyer(s) of the fisheries and aquaculture products.

5.The information on fisheries and aquaculture products referred to in Article 58(5) of the Control Regulation shall be provided by means of the labelling or packaging of the lot, or by means of a commercial document physically accompanying the lot. It may be affixed to the lot by way of an identification tool such as a code, barcode, electronic chip or a similar device or marking system. The information on the lot shall remain available at all stages of production, processing and distribution in such a way that the competent authorities of [F179a fisheries administration] have access to it at any time.

6.Operators shall affix the information on fisheries and aquaculture products referred to in Article 58(5) of the Control Regulation by way of an identification tool such as a code, barcode, electronic chip or a similar device or marking system:

(a)as from 1 January 2013, to fisheries subject to a multiannual plan;

(b)as from 1 January 2015, to other fisheries and aquaculture products.

7.Where the information referred to in Article 58(5) of the Control Regulation is provided by means of a commercial document physically accompanying the lot, at least the identification number shall be affixed to the corresponding lot.

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9.The information on the date of catches referred to in Article 58(5) point (d) of the Control Regulation may include several calendar days or one period of time corresponding to several dates of catches.

10.The information on the suppliers referred to in Article 58(5) point (f) of the Control Regulation shall be the immediate supplier(s) of the operator referred in paragraph 4 of this Article. This information may be provided, where applicable, by way of the identification mark referred to in Annex II, Section I, of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin(3).

11.The information listed in points (a) to (f) of Article 58(5) of the Control Regulation shall not apply to:

(a)imported fisheries and aquaculture products which are excluded from the scope of implementation of the catch certificate in accordance with Article 12(5) of Council Regulation (EC) No 1005/2008(4);

(b)fisheries and aquaculture products caught or farmed in freshwater; and

(c)ornamental fish, crustaceans and molluscs.

[F1212.The information listed in Article 58(5) of the Control Regulation shall not apply to fisheries and aquaculture products falling under headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature.]

[F1213.For the purposes of Article 58(5) of the Control Regulation, the information on the area where the product was caught or farmed shall be:

(a)for catches of stocks or group of stocks subject to a quota and/or a minimum size F181..., the relevant geographical area, as defined in Article 4(30) of the Control Regulation;

(b)for catches of other stocks or group of stocks, fishery products caught in freshwater and aquaculture products, the name of the catch or the production area in accordance with Article 38(1) of Regulation (EU) No 1379/2013 of the European Parliament and of the Council(5).]

14.The value of small quantities of fisheries and aquaculture products referred to in Article 58(8) of the Control Regulation shall be applicable to direct sales by a fishing vessel, per calendar day and per final consumer.

Textual Amendments

F182Article 68U.K. [F182Information to the consumer]

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Textual Amendments

CHAPTER II U.K. Weighing of fisheries products

Section 1 U.K. General rules on weighing

Article 69U.K.Scope

Without prejudice to Articles 78 - 89 of this Regulation the provisions contained in this chapter shall apply to landings from [F12[F183United Kingdom] fishing vessels taking place in [F184the United Kingdom] and transhipments involving [F183United Kingdom] fishing vessels taking place in ports or places close to the shore of [F184the United Kingdom] as well as to the weighing of fisheries products on board [F183United Kingdom] fishing vessels] in [F12[F183United Kingdom] waters].

Textual Amendments

Article 70U.K.Weighing records

1.Registered buyers, registered auctions or other bodies or persons that are responsible for the first marketing or storage before first marketing of fisheries products, or where appropriate the master of the [F12[F185United Kingdom] fishing vessel], shall record weighing carried out in accordance Articles 60 and 61 of the Control Regulation by indicating the following information:

(a)the FAO alpha-3 codes of the species weighed;

(b)result of weighing for each quantity of each species in kilograms product weight;

(c)the external identification number and the name of the fishing vessel from which the weighed quantity originates;

(d)presentation of the fisheries products weighed;

(e)date of weighing (YYYY-MM-DD).

2.Registered buyers, registered auctions or other bodies or persons that are responsible for the first marketing, or storage before first marketing of fisheries products or where appropriate the master of [F12a] [F12[F185United Kingdom] fishing vessel], shall keep the records referred to in paragraph 1 for a period of 3 years.

Textual Amendments

Article 71U.K.Timing of weighing

1.Where fisheries products are transhipped between [F12[F186United Kingdom] fishing vessels] and the first landing of the transhipped fisheries products is to take place in a port outside of the [F187United Kingdom], the fisheries products shall be weighed before being transported away from the port or place of transhipment.

2.When the fisheries products are weighed on board [F12a] [F12[F188United Kingdom] fishing vessel] in accordance with Article 60(3) of the Control Regulation and they are weighed again on land after landing the figure resulting from the weighing on land shall be used for the purpose of Article 60(5) of the Control Regulation.

3.Without prejudice to special provisions for [F12[F189United Kingdom] fishing vessels] not subject to the electronic completion and transmission of fishing logbook data as referred to in Article 15 of the Control Regulation [F190a fisheries administration] may require the master to hand over a copy of the log sheet to the competent authorities of the [F191country] of landing prior to weighing.

Textual Amendments

Article 72U.K.Weighing systems

1.All weighing systems shall be calibrated and sealed F192... by the competent authorities of [F193a fisheries administration].

2.The natural or legal person responsible for the weighing system shall maintain a record of calibration.

3.Where the weighing is carried out on a conveyor belt system a visible counter shall be fitted that records the cumulative total of the weight. The reading of the counter at the start of the weighing operation as well as the cumulative total shall be recorded. All use of the system shall be recorded by the natural or legal person responsible for the weighing in the weighing logbook.

Textual Amendments

Article 73U.K.Weighing of frozen fisheries products

1.Without prejudice to special provisions and in particular Articles 70 and 74 of this Regulation when landed quantities of frozen fisheries products are weighed, the weight of frozen fisheries products landed in boxes or blocks may be determined per species and, where appropriate, presentation by multiplying the total number of boxes or blocks by a net average weight for a box or block calculated according to the methodology set down in Annex XVIII.

2.The natural or legal persons weighing the fisheries products shall keep a record per landing, indicating:

(a)the name and external registration letters and numbers of the vessel from which the fishery products have been landed;

(b)the species and, where appropriate, presentation of fish landed;

(c)the size of the lot and sample of pallets per species and, where appropriate, presentation in accordance with the provisions of point 1 of Annex XVIII;

(d)the weight of each pallet in the sample and the average weight of the pallets;

(e)the number of boxes or blocks on each pallet in the sample;

(f)the tare weight per box, if different from the tare weight specified in point 4 of Annex XVIII;

(g)the average weight of an empty pallet in accordance with the provisions of point 3(b) of Annex XVIII;

(h)the average weight per box or block of fisheries per species and, where appropriate, presentation.

Article 74U.K.Ice and water

1.Before weighing the registered buyer, registered auction or other bodies or persons responsible for the first marketing of fisheries products shall ensure that the fisheries products be cleaned of ice as is reasonable without causing spoilage and reducing quality.

[F122. Without prejudice to special rules for pelagic species referred to in Articles 78-89 of this Regulation which are landed in bulk for transfer to the point of first marketing, storage or processing, the deduction of water and ice from the total weight shall not exceed 2 %. In all cases the percentage for deduction of water and ice shall be recorded on the weighing slip with the entry for weight. There shall be no deduction of water or ice for landings for industrial purposes or for non-pelagic species.]

Textual Amendments

Article 75U.K.Access by competent authorities

The competent authorities shall have full access at all times to the weighing systems, the weighing records, written declarations and all premises where the fisheries products are stored or processed.

Article 76U.K.Sampling plans

1.The sampling plan referred to in Article 60(1) of the Control Regulation and any substantial modification thereof shall be adopted by [F194a fisheries administration] in accordance with the risk-based methodology described in Annex XIX.

2.The sampling plan referred to in Article 60(3) of the Control Regulation and any substantial modification thereof shall be adopted by [F195a fisheries administration] in accordance with the risk-based methodology described in Annex XX. If catches are weighed on board, the margin of tolerance as referred to in Articles 14(3) and 21(3) of the Control Regulation shall not apply when the figure resulting from weighing after landing is greater than the corresponding figure resulting from weighing on board.

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F1974.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 77U.K.Control plans and programmes for the weighing of fisheries products after transport from the place of landing

1.The control plan referred to in Article 61(1) of the Control Regulation and any substantial modification thereof shall be adopted by [F198a fisheries administration] in accordance with the risk-based methodology described in Annex XXI.

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F1993.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1994.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1995.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 2 U.K. Special rules for weighing of certain pelagic species

[F12Article 78U.K.Scope of weighing procedures for catches of herring, mackerel, horse mackerel and blue whiting

The rules set out in this Section shall apply to the weighing of catches landed in the [F200United Kingdom] or by [F200United Kingdom] fishing vessels in third countries, of herring ( Clupea harengus ), mackerel ( Scomber scombrus ), horse mackerel ( Trachurus spp.) and blue whiting ( Micromesistius poutassou ) or a combination thereof, taken in:

(a)

for herring in ICES zones I, II, IIIa, IV, Vb, VI and VII;

(b)

for mackerel in ICES zones IIa, IIIa, IV, Vb, VI, VII, VIII, IX, XII, XIV and [F200United Kingdom] waters of CECAF;

(c)

for horse mackerel in ICES zones IIa, IV, Vb, VI, VII, VIII, IX, X, XII, XIV and [F200United Kingdom] waters of CECAF;

(d)

for blue whiting in ICES zones IIa, IIIa, IV, Vb, VI, VII, VIII, IX, X, XII, XIV and [F200United Kingdom] waters of CECAF;

when the quantities per landing exceed 10 tonnes.]

Textual Amendments

[F12Article 79]U.K.Ports of weighing catches of herring, mackerel, horse mackerel and blue whiting

1.Catches of species referred to in Article 78 of this Regulation shall be weighed immediately on landing. However, catches of these species may be weighed after transport where:

  • for a destination within [F201the United Kingdom] [F202a fisheries administration] has adopted a control plan as referred to in Article 61(1) of the Control Regulation in accordance with the risk-based methodology described in Annex XXI,

  • F203...

F204...

2.[F205A fisheries administration must] establish at which of its ports the weighing of species referred to in Article 78 of this Regulation shall be carried out and shall ensure that all landings of such species are carried out in those ports. Such ports shall have:

(a)established landing and transhipment times;

(b)established landing and transhipment places;

(c)established inspection and surveillance procedures.

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F2074.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.[F208A fisheries administration must] ensure that all landings of species referred to in Article 78 of this Regulation by [F209United Kingdom fishing vessels] outside the [F210United Kingdom] are carried out in ports expressly chosen for the purpose of weighing by third countries which have concluded agreements with the [F210United Kingdom] concerning such species.

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7.[F212A fisheries administration must] publish the list of ports and changes thereto on their official websites.

Textual Amendments

Article 80U.K.Entry into a port F213...

1.For the purpose of weighing, the master of a fishing vessel or his representative shall inform the competent authorities of [F214a fisheries administration] at least 4 hours in advance of entry to [F215a United Kingdom] port of landing F216... of the following:

(a)the port he intends to enter, the name of the vessel and its external registration letters and numbers;

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

[F12(c)the quantities in kilograms live weight of herring, mackerel, horse mackerel and blue whiting retained on board;]

(d)relevance geographical area(s) where the catch was taken; the zone shall refer to the sub-area and division or sub-division in which catch limits apply pursuant to [F217Fisheries Rules].

2.The master of [F12a] [F12[F218United Kingdom] fishing vessel] which is under the obligation to record fishing logbook data electronically shall send the information referred to in paragraph 1 electronically to [F219a fisheries administration]. [F220A fisheries administration must] transmit this information without delay to the [F221country where the landing is to be made]. The electronic fishing logbook data referred to in Article 15 of the Control Regulation and the information referred to in paragraph 1 may be sent in a single electronic transmission.

[F2223.A fisheries administration may provide for a shorter notification period than laid down in paragraph 1. In such a case, the fisheries administration must put this information on its official website.]

Textual Amendments

Article 81U.K.Discharge

The competent authorities of [F223a fisheries administration must] require that the discharge of any catches referred to in Article 78 of this Regulation does not commence until it is expressly authorised. If the discharge is interrupted, permission shall be required before the discharge can recommence.

Textual Amendments

Article 82U.K.Fishing logbook

1.Immediately upon arrival in [F224a United Kingdom] port and before the discharge commences, the master of a fishing vessel which is not under the obligation to record fishing logbook data electronically shall present the completed relevant page or pages of the fishing logbook for inspection by the competent authority of [F225a fisheries administration] at the port of landing.

[F122.The quantities of herring, mackerel, horse mackerel and blue whiting retained on board, notified prior to landing as referred to in Article 80(1)(c) of this Regulation, shall be equal to the quantities recorded in the fishing logbook after its completion.]

Textual Amendments

[F12Article 83] U.K. Publicly operated weighing facilities for fresh herring, mackerel, horse mackerel and blue whiting

Without prejudice to the provisions of Article 72 of this Regulation, where publicly operated weighing facilities are used, the natural or legal persons weighing catches referred to in Article 78 of this Regulation shall issue to the buyer a weighing slip indicating the date and time of the weighing and the identity number of the tanker. A copy of the weighing slip shall be attached to the sales note or takeover declaration.

Textual Amendments

Article 84U.K.Privately operated weighing facilities for fresh fish

1.In addition to the provisions of Article 72 of this Regulation, the use of privately operated weighing facilities shall also be subject to the requirements of this Article.

2.The natural or legal persons weighing any catches referred to in Article 78 of this Regulation shall for each weighing system keep a bound, paginated record. This shall be completed immediately after the completion of weighing of an individual landing, and at the latest by 23.59 local time of the day of completion of weighing. This record shall indicate:

(a)the name and external registration letters and numbers of the vessel from which any catches referred to in Article 78 of this Regulation have been landed;

(b)the unique identity number of the tankers and its load in cases where any catches referred to in Article 78 of this Regulation have been transported from the port of landing before weighing in accordance with Article 79 of this Regulation. Each tanker load shall be weighed and recorded separately. However the total weight of all the tanker loads from the same vessel may be recorded as a whole in case these tanker loads are weighed consecutively and without interruption;

(c)the species of fish;

(d)the weight of each landing;

(e)the date and time of the beginning and end of the weighing.

3.Without prejudice to Article 72(3) of this Regulation, where the weighing is carried out on a conveyor belt system all use of the system shall be recorded in the bound, paginated record of weighing.

[F12Article 85 U.K. Weighing of frozen fish

When landed quantities of frozen herring, mackerel, horse mackerel and blue whiting are weighed, the weight of frozen fish landed in boxes shall be determined per species in accordance with Article 73 of this Regulation.]

Textual Amendments

[F12Article 86 U.K. Keeping of weighing records

All records of weighing provided for in Article 84(3) and Article 85 of this Regulation and the copies of any transport documents as part of a control plan or a common control programme referred to in Article 79(1) of this Regulation shall be kept for at least 3 years.]

Textual Amendments

Article 87U.K.Sales note and takeover declaration

The natural or legal persons responsible for the submission of sales notes and takeover declarations shall submit such declarations in respect of species referred to in Article 78 of this Regulation to the competent authorities of the [F226 country] concerned on demand.

Textual Amendments

F227Article 88U.K.Cross-checks

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Textual Amendments

F228Article 89U.K.Monitoring of weighing

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Textual Amendments

[F12CHAPTER III U.K. Sales notes and take-over declarations]

Article 90U.K.General rules

[F121.In the sales note and the take-over declaration, the number of individuals as referred to in Articles 64(1)(f) and 66(3)(e) of the Control Regulation shall be indicated if the relevant quota is managed on the basis of individuals.]

2.The type of presentation referred to in Article 64(1)(g) of the Control Regulation shall include the state of presentation as set out in Annex I.

3.The price referred to in Article 64(1)(l) of the Control Regulation shall be indicated in [F229pounds sterling].

Textual Amendments

[F12Article 91U.K.Formats of sales notes and take-over declarations

1.[F230A fisheries administration must] determine the format to be used for the completion and transmission of sales notes and take-over declarations between registered buyers, registered auctions, or other bodies or persons authorised by [F231a fisheries administration and its] competent authorities as referred to in Articles 63 and 67 of the Control Regulation.

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4.[F234A 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.

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Textual Amendments

TITLE VU.K. SURVEILLANCE

CHAPTER I U.K. Surveillance reports

Article 92U.K.Information to be recorded in the surveillance report

1.The surveillance reports referred to in Article 71(3) and (4) of the Control Regulation shall be established in accordance with Annex XXIII to this Regulation.

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3.The data from the reports shall be [F239retained] for at least 3 years.

4.Upon receipt of a surveillance report as referred to in paragraph 1 [F240a fisheries administration must], as soon as possible, initiate an investigation on the activities of [F241United Kingdom fishing vessels] to which the surveillance report refers.

5.Paragraph 1 shall apply without prejudice to the rules adopted by Regional Fisheries Management Organisations to which the [F242United Kingdom] is a contracting party.

Textual Amendments

CHAPTER II U.K. Control observers

Article 93U.K.General rules concerning control observers

1.Without prejudice to special rules established by a Regional Fisheries Management Organisation or agreed with a third country, [F12[F243United Kingdom] fishing vessels] identified for the application of a control observer scheme shall carry at least one control observer on board during the time fixed by the scheme.

2.[F244A fisheries administration must] designate control observers and ensure they are able to carry out their tasks. [F244A fisheries administration must] ensure in particular the deployment of control observers to and from the [F12[F245United Kingdom] fishing vessel] concerned.

3.Control observers shall not perform other tasks than those established Article 73 of the Control Regulation and in Article 95 of this Regulation unless other tasks are to be performed pursuant to the F246... control observer scheme or as a part of an observer programme under the scope of a Regional Fisheries Management Organisation or established in the framework of a bilateral agreement with a third country.

4.The competent authorities shall ensure that for the purposes of their mission control observers have means of communication independent from the communication system of the fishing vessel.

5.These rules do not affect the powers of the master of the fishing vessel as being in sole charge of the operations of the vessel.

Textual Amendments

Article 94U.K.Independence of control observers

In order to be independent from the owner, the operator, the master of the [F12[F247United Kingdom] fishing vessel] and any crew member, as prescribed by Article 73(2) of the Control Regulation, control observers shall not be:

  • a relative or an employee of the master of the [F12[F247United Kingdom] fishing vessel or any other crew member, the representative of the master or the owner or the operator of the [F247United Kingdom] fishing vessel] to which he is assigned,

  • an employee of a company controlled by the master, a crew member, the representative of the master or the owner or the operator of the [F12[F247United Kingdom] fishing vessel] to which he is assigned.

Textual Amendments

Article 95U.K.Duties of control observers

1.Control observers shall verify the relevant documents and record the fishing activities of the [F12[F248United Kingdom] fishing vessel] in which they are embarked as are listed in Annex XXV.

2.Control observers on board [F12a] [F12[F248United Kingdom] fishing vessel shall, where appropriate, brief the officials who are about to proceed to an inspection of that fishing vessel upon arrival on board. If the facilities on board the [F248United Kingdom] fishing vessel] so allow and where appropriate the brief shall take place in a closed meeting.

3.Control observers shall draw up the report referred to in Article 73(5) of the Control Regulation using the format established in Annex XXVI. They shall forward that report without delay and in any case within 30 days following completion of an assignment to his authorities and to the competent authorities of [F249a fisheries administration]. F250....

Textual Amendments

F182Article 96U.K. [F182Pilot projects]

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Textual Amendments

TITLE VIU.K. INSPECTION

CHAPTER I U.K. Conduct of inspections

Section 1 U.K. General provisions

Article 97U.K.Officials authorised to conduct inspections at sea or on land

1.Officials responsible for carrying out inspections, as referred to in Article 74 of the Control Regulation shall be authorised by the competent authorities of [F251a fisheries administration]. To this end, [F252a fisheries administration must] provide their officials with a service card stating their identity and the capacity under which they operate. Each official on duty shall carry that service card and present it during an inspection at the earliest opportunity.

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Textual Amendments

Article 98U.K.General principles

1.Without prejudice to provisions contained in multi-annual plans, competent authorities of [F254a fisheries administration must] adopt a risk based approach for the selection of targets for inspection, using all available information. In accordance with this approach, officials shall carry out inspections in accordance with rules laid down in this Chapter.

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3.Subject to a risk based control and enforcement strategy [F256a fisheries administration must] carry out the necessary inspection activities in an objective way in order to prevent the retention on board, transhipment, landing, transfer to cages and farms, processing, transport, storage, marketing and stocking of fishery products originating from activities that are not in compliance with [F257Fisheries Rules].

4.Inspections shall be carried out in a manner as to prevent to the extent possible any negative impact on the hygiene and quality of the fisheries products inspected.

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Textual Amendments

Article 99U.K.Duties of officials during the pre-inspection phase

During the pre-inspection phase officials shall, where possible, collect all appropriate information, including:

(a)

fishing licences and fishing authorisations;

(b)

VMS information corresponding to the current fishing trip;

(c)

aerial surveillance, and other sightings;

(d)

F259...

Textual Amendments

Article 100U.K.Duties of officials authorised to conduct inspections

1.Officials authorised to conduct inspections shall verify and note the relevant items defined in the appropriate inspection module of the inspection report in Annex XXVII. For this purpose they may take pictures, video and audio recordings in accordance with national law, and, where appropriate, samples.

2.Officials shall not interfere with the right of any operator to communicate with the competent flag state authorities during inspection operations.

3.Officials shall take into account any information provided in accordance with Article 95(2) of this Regulation by a control observer on board the fishing vessel to be inspected.

4.On completion of an inspection officials shall debrief operators as appropriate on fisheries regulations relevant to the prevailing circumstances.

5.Officials shall leave as soon as possible the fishing vessel or the inspected premise following the completion of the inspection if no evidence of an apparent infringement is detected.

Article 101U.K.Obligations of [F260a fisheries administration]

1.The competent authorities of [F261a fisheries administration must] ensure that their officials, whilst being courteous and sensitive, conduct inspections professionally and to a high standard.

2.The competent authorities of [F262a fisheries administration must] establish procedures to ensure that any complaint made by operators regarding the conduct of inspections carried out by their officials is investigated in a fair and thorough manner in accordance with [F263applicable laws].

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Textual Amendments

Section 2 U.K. Inspections at sea

Article 102U.K.General provisions on inspections at sea

1.Any vessel used for control purposes including surveillance shall display so as to be clearly visible, a pennant or a symbol as shown in Annex XXVIII.

2.A boarding craft used to facilitate the transfer of officials carrying out inspections shall fly a similar flag or pennant of a size appropriate to that of the boarding craft to indicate that it is engaged in fishery inspection duties.

3.Persons in charge of inspection vessels shall have due regard to the rules of seamanship and manoeuvre at a safe distance from the fishing vessel in accordance with the international rules for the prevention of collisions at sea.

Article 103U.K.Boarding fishing vessels at sea

1.Officials responsible for the conduct of the inspection shall ensure that no action is taken that may compromise the safety of the fishing vessel and its crew.

2.Officials shall not require the master of a fishing vessel that is being boarded or disembarked to stop or manoeuvre during fishing, or to stop the shooting or hauling of fishing gear. Officials may, however, require the interruption or delay of the shooting of gear to permit safe boarding or disembarkation until they have boarded or disembarked the fishing vessel. In the case of boarding this delay shall not exceed 30 minutes after officials have boarded the fishing vessel unless an infringement has been detected. This provision does not affect the possibility of officials to require the gear to be hauled for inspection.

Article 104U.K.On board activities

1.When carrying out their inspection, officials shall verify and note all appropriate items provided for in the appropriate inspection report module set out in Annex XXVII to this Regulation.

2.Officials may require the master to haul a fishing gear for inspection.

3.Inspection teams shall normally be comprised of two officials. Additional officials may supplement inspections teams when necessary.

4.The duration of an inspection shall not exceed 4 hours, or until the net is hauled in, and the net and catches are inspected, whichever is longer. It shall not apply in the case that an apparent infringement is detected or where the officials need further information.

5.In the case of an apparent infringement being detected, identification marks and seals may be affixed securely to any part of the fishing gear or the fishing vessel, including containers of fisheries products and the compartment(s) in which they may be stowed, and the official(s) may remain on board for the time necessary for the completion of appropriate measures to ensure security and continuity of all the evidence of the apparent infringement.

Section 3 U.K. Inspections in port

Article 105U.K.Preparation of inspection

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 [F265Fisheries 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 [F266a 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 [F267a fisheries administration] to undertake random inspections.

Textual Amendments

Article 106U.K.Inspections in port

1.When carrying out inspections officials shall verify and note all appropriate items listed in the corresponding inspection report module set out in Annex XXVII to this Regulation. Officials shall have due regard to any specific requirements which apply to the inspected fishing vessel, in particular to relevant provisions in multi-annual plans.

2.When carrying out an inspection of a landing officials shall monitor the whole landing process from the beginning to the end of the respective operation. A cross-check shall be carried out between the quantities by species recorded in the prior notification of arrival to land fishery products, the quantities by species recorded in the fishing logbook and the quantities by species landed or transhipped whichever is applicable. This provision shall not exclude the possibility of an inspection taking place after the start of the landing.

3.[F268A fisheries administration must] ensure the effective inspection and control of premises used in connection with fishing activities and subsequent processing of fisheries products.

Textual Amendments

[F12Article 107U.K.Inspection of certain pelagic landings

For landings of herring, mackerel, horse mackerel and blue whiting as referred to in Article 78 of this Regulation the competent authorities of a [F269fisheries administration must] ensure that at least 7,5 % of the quantities landed for each species and at least 5 % of the landings are fully inspected.]

Textual Amendments

Section 4 U.K. Transport inspections

Article 108U.K.General principles

1.Without prejudice to provisions contained in multi-annual plans, transport inspections may take place anywhere and at anytime from the point of landing to the arrival of the fisheries products at the place of sale or processing. In carrying out inspections, the necessary measures shall be taken as to ensure the maintenance of the cold chain of the fisheries products inspected.

2.Without prejudice to provisions contained in multi-annual plans and national control programmes or specific control and inspection programmes, transport inspections shall include, wherever possible, a physical examination of the products transported.

3.The physical examination of the transported fishery products shall involve the taking of a sample representative of the different sections of the lot or lots transported.

4.When carrying out a transport, inspection officials shall verify and note all items referred to in Article 68(5) of the Control Regulation and all appropriate items in the report module set out in Annex XXVII to this Regulation. This shall include verification that the quantities of fisheries products transported correspond to the details entered on the transport document.

Article 109U.K.Transport vehicles sealed

1.When a vehicle or a container has been sealed to avoid manipulation of the cargo, competent authorities of [F270a fisheries administration must] ensure that serial numbers of seals are noted on the transport document. Officials shall inspect that the seals are intact and that the serial numbers correspond with the details on the transport document.

2.Where seals are removed to facilitate inspection of the cargo before the cargo arrives at the final destination, officials shall replace the original seal with a fresh seal, recording the seal details in the transport document and the reasons for the removal of the original seal.

Textual Amendments

Section 5 U.K. Market inspections

Article 110U.K.General principles

Officials shall verify and note all appropriate items listed in the corresponding inspection module in Annex XXVII to this Regulation when visiting cold stores, gross and retail markets, restaurants or any other premises where fish is stored and/or sold after landing has taken place.

Article 111U.K.Additional methodologies and technologies

In addition to the items listed in Annex XXVII, [F271a fisheries administration] may make use of available methodologies and technologies for the identification and validation of fisheries products, their source or origin and the suppliers and catching vessels or production units.

Textual Amendments

F272Article 112U.K.Control of fisheries products subject to storage mechanism

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Textual Amendments

CHAPTER II U.K. Duties of operators

Article 113U.K.General obligations of operators

[F2731.All United Kingdom operators may be subject to an inspection regarding their obligations under Fisheries Rules.]

2.All operators subject to an inspection shall:

(a)facilitate and provide officials on request with the necessary information and documents, including, where possible, copies thereof, or access to relevant databases, regarding fishing activities as required to be completed and held in electronic or paper format in accordance with [F274Fisheries Rules];

(b)facilitate access to all parts of vessels, premises and any transport means, including aircraft and hovercraft used in connection or associated with fishing and processing activities;

(c)ensure at any moment the safety of officials, and actively assist and cooperate with the officials in the performance of their inspection duties;

(d)not obstruct, intimidate or interfere, not cause any other person to obstruct, intimidate or interfere, and prevent any other person to obstruct, intimidate or interfere with officials carrying out the inspection;

(e)provide, where possible, a meeting facility in isolation for a briefing of officials by a control observer as referred to in Article 95(2) of this Regulation.

Textual Amendments

Article 114U.K.Obligations of the master during inspections

1.The master of a fishing vessel which is being inspected or his representative shall:

(a)facilitate safe and effective boarding of officials in accordance with good seamanship when the appropriate signal of the International Code of Signals is given or when the intention to board is established through radio communication by a vessel or helicopter carrying an official;

(b)provide a boarding ladder meeting the requirements of Annex XXIX to facilitate safe and convenient access to any vessel which requires a climb of 1,5 metres or more;

(c)facilitate the officials to perform their inspection duties, providing such assistance as is requested and is reasonable;

(d)permit the official(s) to communicate with the authorities of the flag State, the coastal State and the inspecting State;

(e)alert officials to particular safety hazards on board fishing vessels;

(f)provide access by officials to all areas of the vessel, all processed or unprocessed catches, all fishing gears and all relevant information and documents;

(g)facilitate safe disembarkation by officials on completion of the inspection.

2.Masters shall not be required to reveal commercially sensitive information over open radio channels.

CHAPTER III U.K. Inspection report

Article 115U.K.Common rules concerning inspection reports

1.Without prejudice to special rules in the framework of Regional Fisheries Management Organisations, inspection reports as referred to in Article 76 of the Control Regulation shall include the relevant information contained in the appropriate module established in Annex XXVII. The reports shall be completed by officials during the inspection or as soon as possible after the completion of the inspection.

2.When an apparent infringement is detected in the course of an inspection, the legal and material elements together with any other information relevant to the infringement shall be included in the inspection report. When several infringements are detected in the course of an inspection, relevant elements of each infringement shall be noted in the inspection report.

3.Officials shall communicate their findings to the natural person in charge of the fishing vessel, vehicle, aircraft, hovercraft or premises being inspected (operator) at the end of the inspection. The operator shall have the possibility to comment on the inspection and its findings. Comments by the operator shall be noted in the inspection report. In case where officials do not speak the same language as the inspected operator, they shall take appropriate measures to make understandable their findings.

4.If required, the operator shall have the right to contact his representative or the competent authorities of his flag State, if serious difficulties arise regarding comprehension of the outcomes of the inspection and of the ensuing report.

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Textual Amendments

Article 116U.K.Completion of inspection reports

1.When the inspection report is established manually on a paper format, it shall be legible, indelible and clearly recorded. No entry in the report shall be erased or altered. If a mistake is made in a manually established report, the incorrect entry shall be struck out neatly and shall be initialled by the official concerned.

2.The official responsible for the inspection shall sign the report. The operator shall be invited to sign the report. F276... His/her signature shall constitute an acknowledgement of the report and shall not be regarded as an acceptance of the contents therein.

3.Officials may establish inspection reports referred to in Article 115 of this Regulation by electronic means.

Textual Amendments

Article 117U.K.Copy of the inspection report

A copy of the inspection report referred to in Article 116 of this Regulation shall be sent to the operator no later than 15 working days after the completion of the inspection F277....

Textual Amendments

CHAPTER IV U.K. Electronic database

Article 118U.K.Electronic database

1.[F278A fisheries administration must] include in their national control programmes procedures on the recording by their officials of inspection reports in a paper or an electronic format. These reports shall be entered into the electronic database referred to in Article 78 of the Control Regulation and provide for the functionalities referred to in Annex XXIV No. 2 to this Regulation. The minimum information contained in the electronic database shall be those items noted in accordance with Article 115(1) of this Regulation and indicated as compulsory in Annex XXVII. Paper inspection reports shall also be scanned into the database.

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3.The data from the inspection reports shall be kept available in the database for at least 3 years.

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F280CHAPTER VU.K.

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TITLE VIIU.K. ENFORCEMENT POINT SYSTEM FOR SERIOUS INFRINGEMENTS

Article 125U.K.Setting up and operation of a point system for serious infringements

[F281A fisheries administration must] designate the competent national authorities which shall be responsible for:

(a)

setting up the system for the attribution of points for serious infringements, as referred to in Article 92(1) of the Control Regulation;

(b)

assigning the appropriate numbers of points to the holder of a fishing licence;

(c)

transferring assigned points to any future holder of a fishing licence for the fishing vessel concerned where the latter is sold, transferred or otherwise changes ownership; and

(d)

keeping relevant records of the points assigned or transferred to the holder for each fishing licence.

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Article 126U.K.Assignation of points

1.The number of points for serious infringements shall be assigned in accordance with Annex XXX to the holder of the fishing licence for the fishing vessel concerned F282....

[F122.When two or more serious infringements by the same natural or legal person holding the licence are detected in the course of one inspection, points in respect of each serious infringement concerned shall be assigned to the holder of the fishing licence in accordance with paragraph 1 up to a maximum of 12 points for all those infringements.]

3.The holder of the fishing licence shall be informed that points have been assigned to him.

4.The points are assigned to the holder of the licence on the date set in the decision assigning them. F283...

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F285Article 127U.K.Notification of decisions

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Article 128U.K.Transfer of ownership

When the fishing vessel is offered for sale or for other type of transfer of ownership, the holder of the fishing licence shall inform any potential future licence holder of the number of points which are still assigned to him by means of a certified copy obtained from the competent authorities.

Article 129U.K.Suspension and permanent withdrawal of a fishing licence

1.The accumulation of 18, 36, 54, 72 points by the holder of a fishing licence shall automatically trigger the first, second, third and fourth suspension of the fishing licence respectively for the relevant periods referred to in Article 92(3) of the Control Regulation.

2.The accumulation of 90 points by the holder of a fishing licence shall trigger automatically the permanent withdrawal of the fishing licence.

Article 130U.K.Follow-up of suspension and permanent withdrawal of fishing licence

1.If a fishing licence [F286in respect of a United Kingdom fishing vessel] is suspended or permanently withdrawn in accordance with Article 129 of this Regulation, the competent authority of [F287a fisheries administration] shall inform the holder of the fishing licence immediately of this suspension or permanent withdrawal.

2.Upon receiving the information referred to in paragraph 1 the holder of the fishing licence shall ensure that the fishing activity of the vessel concerned ceases immediately. He shall ensure that it proceeds immediately to its home port or a port indicated by the competent authorities of [F288a fisheries administration]. During the voyage the fishing gear shall be lashed and stowed in accordance with Article 47 of the Control Regulation. The holder of the fishing licence shall ensure that any catch on board the fishing vessel is dealt with in accordance with the instructions of the competent authorities of [F288a fisheries administration].

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Article 131U.K.Deletion of fishing licences from relevant lists

[F121.If the fishing licence is suspended or withdrawn permanently in accordance with Article 129(1) or (2) of this Regulation, the fishing vessel to which the suspended or permanently withdrawn fishing licence relates shall be identified as being without fishing licence in the national register referred to in Article 24(1) of Regulation (EU) No 1380/2013. F289... ]

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Article 132U.K.Illegal fishing during the suspension period or after the permanent withdrawal of a fishing licence

1.If a fishing vessel, the fishing licence of which is suspended or has been permanently withdrawn in accordance with Article 129 of this Regulation, carries out fishing activities during the suspension period or after the permanent withdrawal of the fishing licence, the competent authorities shall take immediate enforcement measures in accordance with Article 91 of the Control Regulation.

2.The fishing vessel referred to in paragraph 1 may, where appropriate, be included the [F12Union IUU vessel] list in accordance with Article 27 of Regulation (EC) No 1005/2008.

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Article 133U.K.Deletion of points

1.If a fishing licence has been suspended in accordance with Article 129 of this Regulation, the points on the basis of which the fishing licence has been suspended shall not be deleted. Any new points assigned to the holder of the fishing licence shall be added to existing points for the purpose of Article 129 of this Regulation.

2.For the application of Article 92(3) of the Control Regulation, if points have been deleted in accordance with Article 92(4) of the Control Regulation the holder of fishing licence shall be considered as if his fishing licence had not been suspended in accordance with Article 129 of this Regulation.

3.Two points shall be deleted provided that the total amount of points assigned to the holder of the fishing licence for the fishing vessel concerned exceeds two, if:

(a)the fishing vessel which has been used in committing the infringement for which points were assigned uses thereafter VMS or records and transmits thereafter fishing logbook, transhipment and landing declaration data electronically without being legally subject to these technologies; or

(b)the holder of the fishing licence volunteers after the assignation of points to take part in a scientific campaign for the improvement of the selectivity of the fishing gear; or

(c)the holder of the fishing licence is a member of a producer organisation and the holder of the fishing licence accepts a fishing plan adopted by the producer organisation in the year following the assignation of the points involving a reduction of 10 % of the fishing opportunities for the holder of the fishing licence; or

(d)the holder of the fishing licence joins a fishery covered by an eco-labelling scheme that is designed to certify and promote labels for products from well-managed marine capture fisheries and focus on issues related to the sustainable use of fisheries resources.

For each 3-year period since the date of the last serious infringement, the holder of a fishing licence can avail himself of one of the options under (a), (b), (c) or (d), to reduce the amount of points assigned only once, and provided that such reduction does not lead to the deletion of all points on the fishing licence.

4.If the points were deleted in accordance with paragraph 3 the holder of the fishing licence shall be informed of that deletion. The holder of the fishing licence shall also be informed of the number of points that still remain.

F292Article 134U.K.Point system for masters of fishing vessels

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F293TITLE VIIIU.K.

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TITLE IXU.K.DATA AND INFORMATION

CHAPTER IU.K.Analysis and audit of data

F294Article 143U.K.Subject matter

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F294Article 144U.K.Data to be validated

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F294Article 145U.K.Validation procedures

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F294Article 146U.K.Access by the Commission

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[F28CHAPTER Ia U.K. Rules for the exchange of data

F294Article 146aU.K.

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Article 146bU.K. Definitions

For the purpose of this Chapter the following definitions shall apply:

(a)

‘Transportation layer’ means the electronic network for fisheries data exchanges as made available by the Commission to all Member States and the body designated by it to exchange data in a standardised way;

(b)

‘Report’ means the information recorded by electronic means;

(c)

‘Message’ means the report in its format for transmission;

(d)

‘Request’ means an electronic message containing a query for a set of reports.

Article 146cU.K. General principles

1.All messages shall be exchanged based on the United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT) P1000 standard. Only data fields, core components, objects and well formatted Extensible Markup Language (XML) messages according to the XML Schema Definition (XSD) based on the UN/CEFACT standardisation libraries shall be used.

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4.Date and time shall be transmitted in Coordinated Universal Time (UTC).

5.All reports shall have a unique report identifier.

6.A unique human readable fishing trip identifier shall be used to link the fishing log-book data with landing declaration data, transhipment declaration data, sales note data, take-over declaration data and transport document data.

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Article 146dU.K. Transmission of messages

[F281.All transmissions shall be fully automated and immediate, using the transportation layer.]

2.Before transmitting a message, the sender shall perform an automatic check to verify that the message is correct according to the minimum set of validation and verification rules available on the Master Data Register on the European Commission Fisheries website.

3.The receiver shall inform the sender on the reception of the message by transmitting a return message based on UN/CEFACT P1000-1: General Principles. Vessel monitoring system messages and replies to a request shall not receive a return message.

4.When a technical failure occurs on the sender side and the sender can no more exchange messages, the sender shall notify all receivers of the problem. The sender shall immediately take appropriate actions to correct the problem. All messages that have to be delivered to a receiver shall be stored until the problem is solved.

5.When a technical failure occurs on the receiver side and the receiver can no more receive messages, the receiver shall notify the all senders of the problem. The receiver shall immediately take appropriate actions to correct the problem.

6.After repair of a system failure related to a sender, the sender shall transmit unsent messages as soon as possible. A manual follow-up procedure may be applied.

7.After repair of a system failure related to the receiver, missing messages shall be accessible on request. A manual follow-up procedure may be applied.

8.All senders and receivers of messages F299... shall establish failover procedures for business continuity.

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F300Article 146eU.K. Corrections

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F300Article 146fU.K. Exchange of vessel monitoring system data

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F300Article 146gU.K. Exchange of fishing activity data

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F300Article 146hU.K. Exchange of sales related data

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F300Article 146iU.K. Transmission of aggregated catch data

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F300Article 146j]U.K. Changes to XML formats and implementation documents

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F300Article 146kU.K.Exchange of inspection and surveillance related data

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CHAPTER IIU.K.Websites of Member States

F300Article 147U.K.Operation of websites and web services

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F300Article 148U.K.Publicly accessible website and web services

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F300Article 149U.K.Secured website and web services

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TITLE XU.K. IMPLEMENTATION

CHAPTER IU.K.Mutual assistance

Section 1U.K.General provisions

F300Article 150U.K.Scope

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F300Article 151U.K.Costs

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F300Article 152U.K.Single authority

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F300Article 153U.K.Follow up measures

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Section 2U.K.Information without prior request

Article 154U.K.Information without prior request

[F3011.When a fisheries administration becomes aware of any potential non-compliance with Fisheries Rules, in particular serious infringement referred to in Article 90(1) of the Control Regulation or reasonably suspects that such an infringement may occur, it must notify the countries concerned without delay. That notification shall supply all necessary information.]

[F3022.When a fisheries administration takes enforcement measures in relation to a non-compliance or an infringement referred to in paragraph 1, it must notify the other countries concerned.]

3.All notifications according to this Article shall be made in writing.

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F303Section 3U.K.

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F304Section 4U.K.

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F305Section 5U.K.

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CHAPTER II U.K. Reporting obligations

F306Article 165U.K.Format and deadlines for reports

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TITLE XIU.K. FINAL PROVISIONS

Article 166U.K.Repeals

1.Regulations (EEC) No 2807/83, (EEC) No 3561/85, (EEC) No 493/87, (EEC) No 1381/87, (EEC) No 1382/87, (EEC) No 2943/95, (EC) No 1449/98, (EC) No 2244/2003, (EC) No 1281/2005, (EC) No 1042/2006, (EC) No 1542/2007, (EC) No 1077/2008 and (EC) No 409/2009 shall be repealed.

2.Regulation (EC) No 356/2005 shall be repealed with effect from 1 January 2012.

3.References to the repealed Regulations shall be construed as references to this Regulation.

F307Article 167U.K.Entry into force

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