Regulation (EU) 2019/833 of the European Parliament and of the CouncilShow full title

Article 28 U.K. General provisions

1. EFCA shall coordinate the inspection and surveillance activities for the Union. It may draw up, in concert with the Member States concerned, joint operational inspection and surveillance programmes for that purpose (‘the Scheme’). The Member States whose vessels are engaged in fisheries in the Regulatory Area shall adopt the necessary measures to facilitate the implementation of the Scheme, particularly as regards the human and material resources required and the periods and zones in which these resources are to be deployed.

2. Inspection and surveillance shall be carried out by inspectors assigned by the Member States and notified to EFCA through the Scheme.

3. The Member States, in collaboration with the Commission and EFCA, may by mutual agreement deploy inspectors and EFCA coordinators that EFCA has assigned to the Scheme to an inspection platform of another NAFO Contracting Party.

4. When there are more than 15 fishing vessels of Member States at any one time present in the Regulatory Area, EFCA and Member States shall ensure that during that time:

(a) an inspector or other competent authority is present in the Regulatory Area; or

(b) a competent authority is present in the territory of a NAFO Contracting Party adjacent to the Convention Area;

(c) Member States respond without delay to every notice of infringement in the Regulatory Area by a fishing vessel flying their flag.

5. Member States participating in the Scheme shall provide each inspection platform, upon its entry into the Regulatory Area, with a list of sightings and boardings it has conducted in the previous ten-day period including the date, coordinates and any other relevant information.

6. Each Member State participating in the Scheme, in coordination with the Commission or EFCA, shall ensure that every inspection platform flying its flag operating in the Regulatory Area maintains secure contact, daily where possible, with every other inspection platform operating in the Regulatory Area, to exchange information necessary to coordinate their activities.

7. Inspectors visiting a research vessel shall note the status of the vessel, and shall limit inspection procedures to those necessary to ascertain that the vessel is conducting activities consistent with its research plan. Where the inspectors have reasonable grounds to suspect the vessel is conducting activities that are not consistent with its research plan, the Commission and EFCA shall be informed immediately.

8. Member States shall ensure its inspectors treat vessels operating in the Regulatory Area equitably and in an equal manner by avoiding a disproportionate number of inspections on vessels flying the flag of any one NAFO Contracting Party. In respect of any quarter-annual period, the number of inspections its inspectors conduct on vessels flying the flag of another NAFO Contracting Party shall, insofar as possible, reflect the proportion of the total fishing activity in the Regulatory Area encompassing, inter alia, the level of catches and vessel days. In determining the frequency of inspections, inspectors may take into account the fishing patterns and compliance record of any fishing vessel.

9. When participating in the Scheme, a Member State shall ensure that, except when inspecting a fishing vessel flying its flag and in accordance with its domestic law, inspectors and inspector trainees assigned to the Scheme:

(a) remain under its operational control;

(b) implement the provisions of the Scheme;

(c) do not carry arms when boarding the vessel;

(d) refrain from enforcing laws and regulations relating to Union waters;

(e) observe generally accepted international regulations, procedures and practices relating to the safety of the vessel being inspected and its crew;

(f) do not interfere with fishing activities or stowage of fishery products and, to the extent practicable, avoid action which would adversely affect the quality of the catch on board; and

(g) open containers in a manner that facilitates their prompt resealing, repacking and eventual re-storage.

10. All inspection, surveillance and investigation reports referred to in this Chapter and associated images or evidence shall be treated as confidential, in accordance with Annex II.B to the CEM referred to in point 37 of the Annex to this Regulation.