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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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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 F1... [F2fishing vessels]
1.Without prejudice to Article 39(4) of this Regulation [F2a] [F2[F3United 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 F4... [F2fishing vessels] used exclusively for the exploitation of aquaculture.
Textual Amendments
F1Word in Art. 36 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(32)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F3Words in Art. 36(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(32)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in Art. 36(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(32)(c); 2020 c. 1, Sch. 5 para. 1(1)
Article 37U.K.Format for transmission of data from [F2a] [F2[F5United Kingdom] fishing vessel] to the competent authority of [F6a fisheries administration]
[F7A fisheries administration must] determine the format to be used between [F8United 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.
[F9The 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
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F5Words in Art. 37 heading substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(33)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 37 heading substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(33)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 37 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(33)(b); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 37 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(33)(c); 2020 c. 1, Sch. 5 para. 1(1)
F9Inserted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
Article 38U.K.Return messages
1.Return messages shall be issued to the [F2[F10United 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 [F2a] [F2[F11United Kingdom] fishing vessel] shall retain the return message until the end of the fishing trip.
Textual Amendments
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F10Words in Art. 38(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(34)(a); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 38(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(34)(b); 2020 c. 1, Sch. 5 para. 1(1)
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 [F2[F12United 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 [F13a fisheries administration] by appropriate telecommunications means on a daily basis and no later than 24.00 even when there are no catches. F14...
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 [F15a 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 [F16by 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 [F17a 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 [F2[F18United 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 [F19a fisheries administration] or is otherwise authorised to leave by the competent authorities of [F19a fisheries administration]. The flag Member State shall immediately notify the [F20third country] when it has authorised one of its fishing vessels to leave a port in the [F20third 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 [F21a fisheries administration].
Textual Amendments
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F12Words in Art. 39(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Art. 39(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F14Words in Art. 39(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F15Words in Art. 39(2)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in Art. 39(2)(e) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F17Words in Art. 39(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(c); 2020 c. 1, Sch. 5 para. 1(1)
F18Words in Art. 39(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
F19Words in Art. 39(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F20Words in Art. 39(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F21Words in Art. 39(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(35)(e); 2020 c. 1, Sch. 5 para. 1(1)
Article 40U.K.Non-receipt of data
1.When the competent authorities of a [F22fisheries 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 [F2[F23United Kingdom] fishing vessel or their representative(s) thereof as soon as possible. If, in respect of a particular [F23United Kingdom] fishing vessel] or their representative, that situation occurs more than three times within a period of calendar year, [F24a fisheries administration must] ensure that the electronic recording and reporting system of the fishing vessel is thoroughly checked. [F24A 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 [F25fisheries 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 [F26third country] they shall notify the competent authorities of that [F26third country] thereof as soon as possible.
3.The master or the operator of the [F2[F27United 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 [F28a fisheries administration] immediately on receipt of the notification.
Textual Amendments
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F22Words in Art. 40(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F23Words in Art. 40(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F24Words in Art. 40(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F25Words in Art. 40(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F26Words in Art. 40(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F27Words in Art. 40(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F28Words in Art. 40(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F29Article 41U.K.Data access failure
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F29Art. 41 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(37); 2020 c. 1, Sch. 5 para. 1(1)
Article 42U.K.Data on the functioning of the electronic recording and reporting system
1.[F30A 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 [F31fishing 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 [F32state];
(c)the number of transhipment declaration, landing declaration, takeover declaration and sales note transmissions received, broken down by flag [F33state].
F342.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F30Words in Art. 42(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(38)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F31Words in Art. 42(1)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(38)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F32Word in Art. 42(1)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(38)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F33Word in Art. 42(1)(c) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(38)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F34Art. 42(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(38)(b); 2020 c. 1, Sch. 5 para. 1(1)
F35Article 43U.K.Mandatory data in the exchange of information between Member States
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F35Art. 43 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(39); 2020 c. 1, Sch. 5 para. 1(1)
F36Article 44U.K.Access to data
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F36Art. 44 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(40); 2020 c. 1, Sch. 5 para. 1(1)
[F2Article 45U.K.Exchange of data F37...
[F38A 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
F2Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.
F37Words in Art. 45 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(41)(a); 2020 c. 1, Sch. 5 para. 1(1)
F38Words in Art. 45 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(41)(b); 2020 c. 1, Sch. 5 para. 1(1)
F39Article 46U.K.Single authority
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F39Art. 46 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(42); 2020 c. 1, Sch. 5 para. 1(1)
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