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

TITLE VI U.K. INSPECTION

CHAPTER I U.K. Conduct of inspections

Section 1 U.K. General provisions

Article 97 U.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 [F1 a fisheries administration]. To this end, [F2 a 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.

F3 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Art. 97(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(74)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 97(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(74)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 97(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(74)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 98 U.K. General principles

1. Without prejudice to provisions contained in multi-annual plans, competent authorities of [F4 a 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.

F5 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Subject to a risk based control and enforcement strategy [F6 a 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 [F7 Fisheries 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.

F8 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Words in Art. 98(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(75)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 98(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(75)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 98(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(75)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 98(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(75)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 98(5) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(75)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 99 U.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)

F9 ...

Textual Amendments

F9 Art. 99(d) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(76); 2020 c. 1, Sch. 5 para. 1(1)

Article 100 U.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 101 U.K. Obligations of [F10 a fisheries administration]

1. The competent authorities of [F11 a 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 [F12 a 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 [F13 applicable laws].

F14 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Words in Art. 101 heading substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(77)(a); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 101(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(77)(b); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 101(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(77)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 101(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(77)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F14 Art. 101(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(77)(d); 2020 c. 1, Sch. 5 para. 1(1)

Section 2 U.K. Inspections at sea

Article 102 U.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 103 U.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 104 U.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 105 U.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 [F15 Fisheries 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 [F16 a 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 [F17 a fisheries administration] to undertake random inspections.

Textual Amendments

F15 Words in Art. 105(1)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(78)(a); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 105(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(78)(b); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 105(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(78)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 106 U.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. [F18 A 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

F18 Words in Art. 106(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(79); 2020 c. 1, Sch. 5 para. 1(1)

[F19 Article 107 U.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 [F20 fisheries 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

F19 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.

F20 Words in Art. 107 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(80); 2020 c. 1, Sch. 5 para. 1(1)

Section 4 U.K. Transport inspections

Article 108 U.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 109 U.K. Transport vehicles sealed

1. When a vehicle or a container has been sealed to avoid manipulation of the cargo, competent authorities of [F21 a 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

F21 Words in Art. 109 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(81); 2020 c. 1, Sch. 5 para. 1(1)

Section 5 U.K. Market inspections

Article 110 U.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 111 U.K. Additional methodologies and technologies

In addition to the items listed in Annex XXVII, [F22 a 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

F22 Words in Art. 111 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(82); 2020 c. 1, Sch. 5 para. 1(1)

F23 Article 112 U.K. Control of fisheries products subject to storage mechanism

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

Textual Amendments

F23 Art. 112 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(83); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. Duties of operators

Article 113 U.K. General obligations of operators

[F24 1. 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 [F25 Fisheries 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

F24 Art. 113(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(84)(a); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 113(2)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(84)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 114 U.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 115 U.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.

F26 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Art. 115(5) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(85); 2020 c. 1, Sch. 5 para. 1(1)

Article 116 U.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. F27 ... 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

F27 Words in Art. 116(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(86); 2020 c. 1, Sch. 5 para. 1(1)

Article 117 U.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 F28 ....

Textual Amendments

F28 Words in Art. 117 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(87); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IV U.K. Electronic database

Article 118 U.K. Electronic database

1. [F29 A 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.

F30 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F29 Words in Art. 118(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(88)(a); 2020 c. 1, Sch. 5 para. 1(1)

F30 Art. 118(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(88)(b); 2020 c. 1, Sch. 5 para. 1(1)

F31 CHAPTER V U.K.

Article 119 U.K.

F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 120 U.K.

F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 121 U.K.

F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 122 U.K.

F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 123 U.K.

F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 124 U.K.

F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 Title 6 Ch. 5 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(89); 2020 c. 1, Sch. 5 para. 1(1)