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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: CHAPTER III
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There are outstanding changes not yet made to Commission Implementing Regulation (EU) No 404/2011. Any changes that have already been made to the legislation appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Title VI Chapter III:
- Regulation continued by S.I. 2019/739 reg. 5(1)
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Title 10 s. 3 omitted by S.I. 2019/739 reg. 5(102)
- Title 10 s. 4 omitted by S.I. 2019/739 reg. 5(102)
- Title 10 s. 5 omitted by S.I. 2019/739 reg. 5(102)
- Art. 2(1) omitted by S.I. 2019/739 reg. 5(3)(a)
- Art. 2(2) omitted by S.I. 2019/739 reg. 5(3)(a)
- Art. 2(4) omitted by S.I. 2019/739 reg. 5(3)(b)
- Art. 2(12) words substituted by S.I. 2019/739 reg. 5(3)(c)
- Art. 2(14) omitted by S.I. 2019/739 reg. 5(3)(d)
- Art. 2(15) words substituted by S.I. 2019/739 reg. 5(3)(e)
- Art. 2(17) words omitted by S.I. 2019/739 reg. 5(3)(f)
- Art. 2(19) inserted by S.I. 2019/739 reg. 5(3)(g)
- Art. 7(1)(e) words substituted by S.I. 2019/739 reg. 5(9)(b)(iii)
- Art. 18(2)(a) words substituted by S.I. 2019/739 reg. 5(15)(c)(ii)
- Art. 23(c) words substituted by S.I. 2019/739 reg. 5(20)(c)
- Art. 33(1)(c) words substituted by S.I. 2019/739 reg. 5(30)
- Art. 39(2)(a) words substituted by S.I. 2019/739 reg. 5(35)(b)(i)
- Art. 39(2)(e) words substituted by S.I. 2019/739 reg. 5(35)(b)(ii)
- Art. 42(1)(a) words substituted by S.I. 2019/739 reg. 5(38)(a)(ii)
- Art. 42(1)(b) word substituted by S.I. 2019/739 reg. 5(38)(a)(iii)
- Art. 42(1)(c) word substituted by S.I. 2019/739 reg. 5(38)(a)(iii)
- Art. 47(1)(e) words substituted by S.I. 2019/739 reg. 5(43)(a)(iii)
- Art. 62(1)(b) words omitted by S.I. 2019/739 reg. 5(52)(a)(iv)
- Art. 62(1)(c) words substituted by S.I. 2019/739 reg. 5(52)(a)(v)
- Art. 67(13)(a) words omitted by S.I. 2019/739 reg. 5(54)(c)
- Art. 80(1)(d) words substituted by S.I. 2019/739 reg. 5(63)(b)(iv)
- Art. 99(d) omitted by S.I. 2019/739 reg. 5(76)
- Art. 105(1)(b) words substituted by S.I. 2019/739 reg. 5(78)(a)
- Art. 113(2)(a) words substituted by S.I. 2019/739 reg. 5(84)(b)
CHAPTER III U.K. Inspection report
Article 115U.K.Common rules concerning inspection reports
1.Without prejudice to special rules in the framework of Regional Fisheries Management Organisations, inspection reports as referred to in Article 76 of the Control Regulation shall include the relevant information contained in the appropriate module established in Annex XXVII. The reports shall be completed by officials during the inspection or as soon as possible after the completion of the inspection.
2.When an apparent infringement is detected in the course of an inspection, the legal and material elements together with any other information relevant to the infringement shall be included in the inspection report. When several infringements are detected in the course of an inspection, relevant elements of each infringement shall be noted in the inspection report.
3.Officials shall communicate their findings to the natural person in charge of the fishing vessel, vehicle, aircraft, hovercraft or premises being inspected (operator) at the end of the inspection. The operator shall have the possibility to comment on the inspection and its findings. Comments by the operator shall be noted in the inspection report. In case where officials do not speak the same language as the inspected operator, they shall take appropriate measures to make understandable their findings.
4.If required, the operator shall have the right to contact his representative or the competent authorities of his flag State, if serious difficulties arise regarding comprehension of the outcomes of the inspection and of the ensuing report.
5.The format for electronic transmission referred to in Article 76(1) of the Control Regulation shall be decided after consultation between the Member States and the Commission.
Article 116U.K.Completion of inspection reports
1.When the inspection report is established manually on a paper format, it shall be legible, indelible and clearly recorded. No entry in the report shall be erased or altered. If a mistake is made in a manually established report, the incorrect entry shall be struck out neatly and shall be initialled by the official concerned.
2.The official responsible for the inspection shall sign the report. The operator shall be invited to sign the report. Without prejudice to national law his/her signature shall constitute an acknowledgement of the report and shall not be regarded as an acceptance of the contents therein.
3.Officials may establish inspection reports referred to in Article 115 of this Regulation by electronic means.
Article 117U.K.Copy of the inspection report
A copy of the inspection report referred to in Article 116 of this Regulation shall be sent to the operator no later than 15 working days after the completion of the inspection and in accordance with the national law of the Member State having sovereignty or jurisdiction at the place of inspection. If an infringement is detected, disclosure of the report shall be subject to the laws on disclosure of information in the Member State concerned.
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