TITLE VI

INSPECTION
CHAPTER II

Duties of operators

General obligations of operators
Article 113
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 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.

Obligations of the master during inspections
Article 114
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.
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)
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)