CHAPTER VIIJOINT INSPECTION AND SURVEILLANCE SCHEME

Article 33Inspection report and follow-up

1.

Each Member State shall ensure that its inspectors complete an inspection report in the form set out in Annex IV.B to the CEM referred to in point 41 of the Annex to this Regulation (‘the inspection report’) in relation to each inspection.

2.

For the purpose of the inspection report:

(a)

a fishing trip shall be considered to be current where the inspected vessel has on board catch harvested in the Regulatory Area during the trip;

(b)

when comparing entries in the production logbook with entries in the fishing logbook the inspectors shall convert production weight into live weight guided by conversion factors set out in Annexes XIII, XIV and XV to Commission Implementing Regulation (EU) No 404/201116 for Union fishing vessels in respect of species and presentations covered by those Annexes and the conversion factors used by the master of the vessel in other cases;

(c)

the inspectors shall:

  1. (i)

    summarise from logbook records the vessel's catch in the Regulatory Area by species and by Division for the current fishing trip;

  2. (ii)

    record summaries in section 12 of the inspection report, as well as differences between the recorded catch and their estimates of the catch on board in section 14.1 of the inspection report;

  3. (iii)

    upon completion of the inspection, sign the inspection report and present the inspection report to the master of the vessel for signature and comment, and to any witness who may wish to submit a statement;

  4. (iv)

    immediately notify their competent authority and transmit to it the information and images within 24 hours, or at the earliest opportunity; and

  5. (v)

    provide a copy of the report to the master of the vessel, duly noting in the appropriate section of the inspection report any refusal by the master of the vessel to acknowledge receipt.

3.

The inspecting Member State shall:

(a)

send to EFCA the at sea inspection report, if possible within 20 days of the inspection for posting on the NAFO MCS website;

(b)

comply with the procedure referred to in Article 34(2), after the inspectors issue a notice of an infringement.

4.

Each Member State shall ensure that inspection and surveillance reports prepared by NAFO inspectors have equivalent evidentiary status for establishing facts to inspection and surveillance reports of its own inspectors.

5.

Member States shall cooperate to facilitate judicial or other proceedings initiated as follow-up to a report submitted by a NAFO inspector in accordance with the Scheme.