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Commission Implementing Regulation (EU) No 404/2011Show full title
Commission Implementing Regulation (EU) No 404/2011 of 8 April 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
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- Revised 14/07/20202.52 MB
- Revised 04/02/20202.30 MB
- Revised 01/01/20171.98 MB
- Revised 01/01/20161.95 MB
- Revised 20/11/20151.99 MB
- Revised 07/05/20112.29 MB
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Changes over time for: Article 40
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There are currently no known outstanding effects by UK legislation for Commission Implementing Regulation (EU) No 404/2011, Article 40.
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Article 40U.K.Non-receipt of data
1.When the competent authorities of a [F1fisheries administration] have not received data transmissions in accordance with Articles 15, 22 and 24 of the Control Regulation they shall notify the master or the operator of the [F2[F3United Kingdom] fishing vessel or their representative(s) thereof as soon as possible. If, in respect of a particular [F3United Kingdom] fishing vessel] or their representative, that situation occurs more than three times within a period of calendar year, [F4a fisheries administration must] ensure that the electronic recording and reporting system of the fishing vessel is thoroughly checked. [F4A fisheries administration must] investigate the matter in order to establish why data have not been received and shall take appropriate measures.
2.When the competent authorities of a [F5fisheries administration] have not received data transmissions in accordance with Articles 15, 22 and 24 of the Control Regulation and the last position received through the Vessel Monitoring System was from within the waters of a [F6third country] they shall notify the competent authorities of that [F6third country] thereof as soon as possible.
3.The master or the operator of the [F2[F7United Kingdom] fishing vessel] or their representative shall send all data which have not yet been transmitted and for which a notification was received in accordance with paragraph 1 to the competent authorities of [F8a fisheries administration] immediately on receipt of the notification.
Textual Amendments
F1Words in Art. 40(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2Substituted 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.
F3Words in Art. 40(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 40(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 40(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 40(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 40(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 40(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(36)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
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