TITLE VI

INSPECTION
CHAPTER I

Conduct of inspections
Section 1

General provisions

Officials authorised to conduct inspections at sea or on land
Article 97
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 a fisheries administration. To this end, 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.
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General principles
Article 98
1
Without prejudice to provisions contained in multi-annual plans, competent authorities of 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.
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3
Subject to a risk based control and enforcement strategy 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 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.
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Duties of officials during the pre-inspection phase
Article 99
During the pre-inspection phase officials shall, where possible, collect all appropriate information, including:
1. fishing licences and fishing authorisations;
2. VMS information corresponding to the current fishing trip;
3. aerial surveillance, and other sightings;
...

Duties of officials authorised to conduct inspections
Article 100
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.

Obligations of a fisheries administration
Article 101
1
The competent authorities of 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 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 applicable laws.
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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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)