TITLE III CONTROL OF FISHERIES

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

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

Article 36 Requirement of electronic recording and reporting system on ... fishing vessels
1. Without prejudice to Article 39(4) of this Regulation a United 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.
Words 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)
2. This Chapter shall not apply to ... fishing vessels used exclusively for the exploitation of aquaculture.
Word 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)
Word 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)
Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

Article 37 Format for transmission of data from aUnited Kingdom fishing vessel to the competent authority of a fisheries administration
A fisheries administration must determine the format to be used between United 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.
The fishing logbook, transhipment declaration and landing declaration in electronic format shall be completed in accordance with the instructions set out in Annex X.
Words 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)
Words 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)
Words 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)
Words 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)
Inserted 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 38 Return messages
1. Return messages shall be issued to the United Kingdom fishing vessels for each transmission of fishing logbook, transhipment, prior notification and landing data. The return message shall contain an acknowledgement of receipt.
Words 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)
2. The master of a United Kingdom fishing vessel shall retain the return message until the end of the fishing trip.
Words 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 39 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 United 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 a fisheries administration by appropriate telecommunications means on a daily basis and no later than 24.00 even when there are no catches. ...
Words 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)
Words 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)
Words 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)
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 a fisheries administration;
Words 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)
(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 by a fisheries administration.
Words 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)
Prior notification and landing declaration data shall also be sent in the cases referred to in (a) and (e).
3. The competent authorities of a fisheries administration shall enter the data referred to in paragraph 1 into the electronic data base without delay on their receipt.
Words 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)
4. Following a technical failure or non-functioning of its electronic recording and reporting system, a United 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 a fisheries administration or is otherwise authorised to leave by the competent authorities of a fisheries administration. The flag Member State shall immediately notify the third country when it has authorised one of its fishing vessels to leave a port in the third country with a non-functioning electronic recording and reporting system.
Words 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)
Words 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)
Words 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)
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 a fisheries administration.
Words 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 40 Non-receipt of data
1. When the competent authorities of a fisheries administration have not received data transmissions in accordance with Articles 15, 22 and 24 of the Control Regulation they shall notify the master or the operator of the United Kingdom fishing vessel or their representative(s) thereof as soon as possible. If, in respect of a particular United Kingdom fishing vessel or their representative, that situation occurs more than three times within a period of calendar year, a fisheries administration must ensure that the electronic recording and reporting system of the fishing vessel is thoroughly checked. A fisheries administration must investigate the matter in order to establish why data have not been received and shall take appropriate measures.
Words in Art. 40(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 40(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 40(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
2. When the competent authorities of a fisheries administration have not received data transmissions in accordance with Articles 15, 22 and 24 of the Control Regulation and the last position received through the Vessel Monitoring System was from within the waters of a third country they shall notify the competent authorities of that third country thereof as soon as possible.
Words in Art. 40(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 40(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
3. The master or the operator of the United Kingdom fishing vessel or their representative shall send all data which have not yet been transmitted and for which a notification was received in accordance with paragraph 1 to the competent authorities of a fisheries administration immediately on receipt of the notification.
Words in Art. 40(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 40(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 41 Data access failure
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Art. 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 42 Data on the functioning of the electronic recording and reporting system
1. A 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 fishing vessels in its fleet whose electronic recording and reporting systems have experienced technical failure or have failed to function;
Words 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)
(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 state;
Word 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)
(c) the number of transhipment declaration, landing declaration, takeover declaration and sales note transmissions received, broken down by flag state.
Word 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)
Words 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)
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 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)

Article 43 Mandatory data in the exchange of information between Member States
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Art. 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)

Article 44 Access to data
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Art. 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)

Article 45 Exchange of data ...
A 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.
Words 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)
Words 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)

Article 46 Single authority
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Art. 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)