Council Regulation (EC) No 41/2007Dangos y teitl llawn

Article 52 U.K. Authorisation to land or tranship

[F1 1. Landings or transhipments may only be authorised by the competent authorities of the port Member State if the flag State of the fishing vessel intending to land or tranship, or where the vessel has engaged in transhipment operations outside a port, the flag State or States of donor vessels, have confirmed by returning a copy of the form transmitted pursuant to Article 51(3) with Part B duly completed that:]

(a) the fishing vessels declaring that they have caught the fish had sufficient quota for the species declared;

(b) the quantities of fish on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable;

(c) the fishing vessels declaring that they have caught the fish had authorisation to fish in the areas declared;

(d) the declared presence of the vessel in the area of catch has been verified according to VMS data.

Landing or transhipment operations may commence only after authorisation has been given by the competent authorities of the port Member State.

2. By way of derogation from paragraph 1, the port Member State may authorise all or part of a landing in the absence of the confirmation referred to in paragraph 1 but shall in such cases keep the fish concerned in storage under the control of the competent authorities. The fish shall only be released to be sold, taken over or transported once the confirmation referred to in paragraph 1 has been received. If the confirmation has not been received within 14 days of the landing the port Member State may confiscate and dispose of the fish in accordance with national rules.

[F1 3. The competent authorities of the port Member State shall without delay notify its decision whether or not to authorise the landing or transhipment by transmitting a copy of the form provided for in part I of Annex IV with Part C duly completed to the Commission and to the Secretary of NEAFC when the fish landed or transhipped is caught [X1 in the NEAFC Convention area] .]

Editorial Information

X1 Substituted by Corrigendum to the Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (Official Journal of the European Union L 15 of 20 January 2007).

Textual Amendments

F1 Substituted by Council Regulation (EC) No 754/2007 of 28 June 2007 amending Regulations (EC) No 1941/2006, (EC) No 2015/2006 and (EC) No 41/2007, as regards fishing opportunities and associated conditions for certain fish stocks.