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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 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 F1... [F2fishing vessel] only.

2.Fishing licences referred to in Article 6 of the Control Regulation shall be issued, managed and withdrawn by [F3a fisheries administration for United Kingdom fishing vessels] in accordance with this Regulation.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6.If a fishing licence has been temporarily suspended or permanently withdrawn, the authorities of [F4a fisheries administration must] immediately inform the holder of the fishing licence.

F57.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F6... [F2fishing 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. [F7A fisheries administration must] ensure that the information contained in the fishing authorisation is accurate and consistent with [F8Fisheries 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 [F2[F9United Kingdom] fishing vessels] of less than 10 metres’ length overall which fish exclusively in [F10United 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, F11... [F12a fisheries administration must] make available on the secure part of their official websites the list of [F13United 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.

F142.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER IIIU.K.Marking and identification of [F2[F15United Kingdom] fishing vessels] and their gear

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

Article 6U.K.Marking of fishing vessels

[F2A] [F2[F16United Kingdom] fishing vessel] shall be marked as follows:

(a)

the letter(s) of the port or district in which the [F2[F16United 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 [F2[F16United 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 [F16United 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)

[F17a 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 [F2[F16United Kingdom] fishing vessel] shall not be removable, effaced, altered, illegible, covered or concealed.

[F18As 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)

[F16United Kingdom] fishing vessels or fishing vessels controlled by [F16United 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 [F16United Kingdom] waters;

(b)

all [F16United Kingdom] fishing vessels or fishing vessels controlled by [F16United Kingdom] operators under a chartering arrangement, of 15 metres length overall and above, operating outside [F16United Kingdom] waters;

(c)

all third country fishing vessels authorised to carry out fishing activities in [F16United Kingdom] waters.]

Textual Amendments

Article 7U.K.Documents carried on board [F2a] [F19United Kingdom] [F2fishing vessel]

1.The master of a [F2[F20United Kingdom] fishing vessel] of 10 metres length overall or more shall carry on board documents, issued by a competent authority of [F21a 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 [F2[F22United Kingdom] fishing vessels] which entered into service from 1 January 1987 onwards, date of entry into service.

2.On [F2[F23United 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 [F24a United Kingdom fishing] [F2vessel] 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 [F25a 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 [F25a 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 [F2[F26United Kingdom] fishing vessels] and fish aggregating devices shall be marked with external registration letters and numbers of the [F2[F26United 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 [F2[F27United Kingdom] fishing vessels] fishing in all [F2[F27United Kingdom] waters and the provisions contained in Articles 13 to 17 of this Regulation to [F27United Kingdom] waters] outside 12 nautical miles measured from the base lines F28....

2.It shall be prohibited in [F2[F29United 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 [F2[F30United 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 [F2a] [F2[F31United 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 [F2a] [F2[F32United 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 [F2[F33United 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 [F2[F33United 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 F34... [F2fishing vessels]

1.Without prejudice to Article 25(3) of this Regulation [F2a] [F2[F35United 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 [F2a] [F2[F36United 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 [F37a fisheries administration]; and

(b)providing that the next report shows that the [F2[F36United Kingdom] fishing vessel] has not changed its position in relation to the previous report.

The competent authorities of [F38a 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 F39... [F2fishing vessel] is within a pre-defined geographical area of a port.

3.This Chapter shall not apply to F40... [F2fishing 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 [F2[F41United Kingdom] fishing vessels] shall ensure the automatic transmission to the FMC of [F42a 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.[F43A 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 [F2a] [F2[F44United 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 [F2a] [F2[F45United 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 [F46a fisheries administration] have authorised its repair or replacement.

Textual Amendments

Article 21U.K.Control measures to be adopted by [F47a fisheries administration]

[F48A 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.[F49A 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 [F50fishing 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 [F50fishing vessels in its fleet].

Textual Amendments

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

[F51A fisheries administration must] ensure that through VMS data its FMC monitors, as regards [F52fishing 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 [F53United Kingdom is] a party;

(d)

waters under the sovereignty and jurisdiction of a third country.

Textual Amendments

F54Article 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 [F2[F55United 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 [F56a fisheries administration] the up-to-date geographical coordinates of the fishing vessel by appropriate telecommunication means. F57...

2.The FMC of [F58a 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. F59...

3.Following a technical failure or non-functioning of the satellite-tracking device, [F2a] [F2[F60United 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 [F61a fisheries administration]. By derogation the FMC of [F62a fisheries administration] may authorise [F63fishing 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 [F64a 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 [F2[F65United 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 [F66a fisheries administration].

Textual Amendments

Article 26U.K.Non-receipt of data

1.When the FMC of a [F67fisheries 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 [F2[F68United Kingdom] fishing vessel] or their representative(s) thereof as soon as possible. If, in respect of [F69a] particular fishing vessel, that situation occurs more than three times within a period of a calendar year, the [F70fisheries administration must] ensure that the satellite-tracking device of the fishing vessel is thoroughly checked. The [F70fisheries 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 [F71fisheries 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 [F72a third country] it shall notify [F73the competent authority of that country] thereof as soon as possible.

F743.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

[F751.A fisheries administration shall use relevant data received from other authorities for the effective monitoring of the activities of fishing vessels.]

2.[F76A 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

F77Article 28U.K.Access to data by the Commission

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

Textual Amendments

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