Council Regulation (EC) No 1386/2007 (repealed)Show full title

[F1 CHAPTER V U.K. PORT STATE CONTROL OF VESSELS FLYING THE FLAG OF ANOTHER CONTRACTING PARTY

Article 62 U.K. Scope

1. This Chapter shall apply to landings or transhipments in ports of Member States, by fishing vessels flying the flag of another Contracting Party to NAFO of fish caught in the NAFO Regulatory Area or fish products originating from such fish that have not been previously landed or offloaded at a port.

2. This Chapter shall apply without prejudice to Regulations (EEC) No 2847/93 and (EC) No 1005/2008.

Article 63 U.K. Designated ports

Member States shall designate ports to which fishing vessels may be permitted access for the purpose of landing or transhipment. Member States shall notify their designated ports to the Commission, which shall transmit the list of these ports to the NAFO Secretariat. Any subsequent amendments to the list shall be notified to the NAFO Secretariat no less than fifteen days before the amendment comes into effect.

Article 63a U.K. Competent authority

1. Member States shall designate the competent authority which shall act as the contact point for the purposes of receiving notifications in accordance with Article 63b, receiving confirmation and issuing authorisations in accordance with Article 63c.

2. Member States shall advise the Commission about the competent authority name and its contact information. The Commission shall forward the information to the NAFO Secretariat.

Article 63b U.K. Prior notice of entry into port

1. By way of derogation from Article 28e(1) of Regulation (EEC) No 2847/93, the master of the fishing vessel referred to in Article 62(1) of this Regulation or his representative intending to call into a port to land or tranship shall notify the competent authority of the port Member State referred to in Article 63a of this Regulation at least three working days before the estimated time of arrival.

2. However, a Member State may make provisions for another prior notification period, taking into account, inter alia, distance between fishing grounds and its port. Member States shall advise the Commission or a body designated by it of that prior notification period. The Commission shall forward the information to the NAFO Secretariat.

3. The prior notification shall be accompanied by the following forms with Part A duly completed:

(a) form PSC 1, as referred to in Annex XV (A), where the vessel intends to land or tranship its own catch;

(b) form PSC 2, as referred to in Annex XV (B), where the vessel intends to land or tranship catch that was received through transhipment. A separate form shall be used for each donor vessel;

(c) both forms PSC 1 and PSC 2, where the vessel intends to land or tranship both its own catch and catch that was received through transhipment.

4. Masters or their representative may cancel a prior notification by notifying the competent authorities of the port they intended to use, not later than 24 hours before the notified estimated time of arrival in the port. However, the port Member State may make provisions for another notification period. The notification shall be accompanied by a copy of the original PSC 1 or PSC 2 with the word ‘ cancelled ’ written across it.

5. The competent authority of the port Member State shall forward a copy of the prior notification form as referred to in paragraphs 3 and 4 without delay to the flag State Contracting Party of the fishing vessel which intends to land/or tranship and, if that vessel has engaged in transhipment operations, to the flag State Contracting Party of donor vessels.

6. A copy of the form shall also be forwarded to the Commission or a body designated by it, which shall transmit it to the NAFO Secretariat without delay.

Article 63c U.K. Authorisation to land or tranship

1. Landing or transhipment operations may only commence after authorisation has been given by the competent authority of the port Member State. Such authorisation shall only be given after the returning by the flag State of the copy of form PSC1 and/or form PSC2, transmitted pursuant to Article 63b(5) with part B duly completed, confirming that:

(a) the fishing vessel declared to have caught the fish had sufficient quota for the species declared;

(b) the declared quantity of fish on board has been duly reported by species and taken into account for the calculation of any catch or effort limitations that may be applicable;

(c) the fishing vessel declared to have caught the fish had authorization to fish in the areas declared; and

(d) the presence of the vessel in the area in which it has declared to have taken its catch has been verified by VMS data.

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

3. The competent authority of the port Member State shall notify without delay to the master its decision on whether or not to authorise the landing or transhipment by returning a copy of form PSC 1 and/or form PSC 2 with Part C duly completed. This copy shall also be transmitted to the Commission or a body designated by it without delay, which shall forward the information to the NAFO Secretariat.

Article 63d U.K. Inspections

1. Unless otherwise required in a recovery plan, the port Member State shall carry out inspections of at least 15 % of all such landings or transhipments during each reporting year.

2. Inspections shall be conducted by authorised national inspectors who shall present credentials to the master of the vessel prior to the inspection.

3. The port Member State may invite inspectors of other Contracting Parties to accompany their own inspectors and observe the inspection of landings or transhipment operations within the meaning of this Chapter.

4. An inspection shall involve the monitoring of the entire discharge or transhipment in that port and the national inspectors shall as a minimum:

(a) cross-check against the quantities of each species landed or transhipped:

(i)

the quantities by species recorded in the logbook,

(ii)

the catch and activity reports, and

(iii)

all information on catches provided in the prior notification (PSC 1 or PSC 2);

(b) verify and record the quantities by species of catch remaining on board upon completion of landing or transhipment;

(c) verify any information from inspections carried out at sea;

(d) verify all nets on board and record mesh size measurements;

(e) verify fish size for compliance with minimum size requirements.

5. The national inspectors shall make all possible efforts to avoid unduly delaying the fishing vessel and ensure that the vessel suffers the minimum interference and inconvenience and that unnecessary degradation of the quality of the fish is avoided.

6. The master of a fishing vessel shall:

(a) cooperate with and assist in the inspection of the fishing vessel conducted pursuant to these procedures and shall not obstruct, intimidate or interfere with the port State inspectors in the performance of their duties;

(b) provide access to any areas, decks, rooms, catch, nets or other gear or equipment, and provide any relevant information which the port State inspectors request including copies of any relevant documents.

Article 63e U.K. Serious infringements

1. The following infringements shall be considered serious:

(a) preventing inspectors from carrying out their duties;

(b) landing or transhipping in a port not designated;

(c) failure to comply with the provisions related to the pre-notification of arrival;

(d) landing or transhipping without authorization of the port Member State.

2. Each port Member State shall take enforcement measures with respect to a fishing vessel where it has been established in accordance with its law that the vessel committed a serious infringement referred to in paragraph 1. The measures may include, in particular depending on the gravity of the offence and in accordance with the pertinent provisions of national law:

(a) fines;

(b) seizure of illegal fishing gear and catches;

(c) sequestration of the vessel.

Article 63f U.K. Inspection reports

1. Each inspection shall be documented by completing the port inspection report form as set out in Annex XII.

2. The inspection report may be commented upon by the master and shall be signed by the inspector and the master at the end of the inspection. A copy of the inspection report shall be given to the master of the fishing vessel.

3. A copy of each inspection report shall be transmitted without delay to the flag State of the inspected fishing vessel and to the flag State of the donor vessel where the vessel has engaged in transhipment operations. A copy shall also be sent to the Commission or a body designated by it without delay, which shall forward the information to the NAFO Secretariat. The original or a certified copy of each inspection report shall be forwarded on request to the flag State of the inspected vessel.]

Textual Amendments

F1 Substituted by Council Regulation (EC) No 679/2009 of 7 July 2009 amending Regulation (EC) No 1386/2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation.