Regulation (EU) 2019/833 of the European Parliament and of the CouncilShow full title

CHAPTER VII U.K. JOINT INSPECTION AND SURVEILLANCE SCHEME

Article 28 U.K. General provisions

1. EFCA shall coordinate the inspection and surveillance activities for the Union. It may draw up, in concert with the Member States concerned, joint operational inspection and surveillance programmes for that purpose (‘the Scheme’). The Member States whose vessels are engaged in fisheries in the Regulatory Area shall adopt the necessary measures to facilitate the implementation of the Scheme, particularly as regards the human and material resources required and the periods and zones in which these resources are to be deployed.

2. Inspection and surveillance shall be carried out by inspectors assigned by the Member States and notified to EFCA through the Scheme.

3. The Member States, in collaboration with the Commission and EFCA, may by mutual agreement deploy inspectors and EFCA coordinators that EFCA has assigned to the Scheme to an inspection platform of another NAFO Contracting Party.

4. When there are more than 15 fishing vessels of Member States at any one time present in the Regulatory Area, EFCA and Member States shall ensure that during that time:

(a) an inspector or other competent authority is present in the Regulatory Area; or

(b) a competent authority is present in the territory of a NAFO Contracting Party adjacent to the Convention Area;

(c) Member States respond without delay to every notice of infringement in the Regulatory Area by a fishing vessel flying their flag.

5. Member States participating in the Scheme shall provide each inspection platform, upon its entry into the Regulatory Area, with a list of sightings and boardings it has conducted in the previous ten-day period including the date, coordinates and any other relevant information.

6. Each Member State participating in the Scheme, in coordination with the Commission or EFCA, shall ensure that every inspection platform flying its flag operating in the Regulatory Area maintains secure contact, daily where possible, with every other inspection platform operating in the Regulatory Area, to exchange information necessary to coordinate their activities.

7. Inspectors visiting a research vessel shall note the status of the vessel, and shall limit inspection procedures to those necessary to ascertain that the vessel is conducting activities consistent with its research plan. Where the inspectors have reasonable grounds to suspect the vessel is conducting activities that are not consistent with its research plan, the Commission and EFCA shall be informed immediately.

8. Member States shall ensure its inspectors treat vessels operating in the Regulatory Area equitably and in an equal manner by avoiding a disproportionate number of inspections on vessels flying the flag of any one NAFO Contracting Party. In respect of any quarter-annual period, the number of inspections its inspectors conduct on vessels flying the flag of another NAFO Contracting Party shall, insofar as possible, reflect the proportion of the total fishing activity in the Regulatory Area encompassing, inter alia, the level of catches and vessel days. In determining the frequency of inspections, inspectors may take into account the fishing patterns and compliance record of any fishing vessel.

9. When participating in the Scheme, a Member State shall ensure that, except when inspecting a fishing vessel flying its flag and in accordance with its domestic law, inspectors and inspector trainees assigned to the Scheme:

(a) remain under its operational control;

(b) implement the provisions of the Scheme;

(c) do not carry arms when boarding the vessel;

(d) refrain from enforcing laws and regulations relating to Union waters;

(e) observe generally accepted international regulations, procedures and practices relating to the safety of the vessel being inspected and its crew;

(f) do not interfere with fishing activities or stowage of fishery products and, to the extent practicable, avoid action which would adversely affect the quality of the catch on board; and

(g) open containers in a manner that facilitates their prompt resealing, repacking and eventual re-storage.

10. All inspection, surveillance and investigation reports referred to in this Chapter and associated images or evidence shall be treated as confidential, in accordance with Annex II.B to the CEM referred to in point 37 of the Annex to this Regulation.

Article 29 U.K. Notification requirements

1. Each Member State shall, not later than 1 November each year, send the following information to EFCA (with the Commission in copy), which shall post the information on the NAFO MCS website:

(a) the contact information of the competent authority which shall act as the contact point for the purpose of immediate notification of infringements in the Regulatory Area, and any subsequent changes to this information, not less than 15 days before the change comes into effect;

(b) the names of inspectors and inspector trainees and the name, radio call sign and communication contact information of each inspection platform it has assigned to the Scheme. It shall notify changes to the particulars so notified, whenever possible, not less than 60 days in advance.

2. When participating in the Scheme, a Member State shall ensure that EFCA is notified in advance of the date, start time and end of each patrol by the inspection platform it has so assigned.

Article 30 U.K. Surveillance procedures

1. Where an inspector observes in the Regulatory Area a fishing vessel flying the flag of a NAFO Contracting Party for which there are reasons to suspect an apparent infringement of this Regulation, and where an immediate inspection is not practicable, the inspector shall:

(a) fill out the Surveillance Report Form in accordance with Annex IV.A to the CEM referred to in point 38 of the Annex to this Regulation. If the inspector has made a volumetric or catch composition evaluation of the content of a haul, the surveillance report shall include all relevant information regarding the composition of the tow, and refer the method used for the volumetric evaluation;

(b) record images of the vessel and record the position, date and time the image was recorded; and

(c) without delay electronically transmit the surveillance report and images to his competent authority.

2. The competent authority of a Member State in receipt of such surveillance report shall without delay:

(a) transmit the surveillance report to EFCA which shall post it on the NAFO MCS website for transmission to the flag State Contracting Party of the vessel;

(b) transmit a copy of images recorded to EFCA which shall in turn transmit them to the flag State Contracting Party of the vessel or the flag Member State if different from the inspecting Member State;

(c) ensure security and continuity of the evidence for subsequent inspections.

3. Each Member State's competent authority shall on receipt of a surveillance report concerning a vessel flying its flag, conduct such investigation as may be necessary to determine appropriate follow-up action.

4. Each Member State shall send the investigation report to EFCA, which shall post it on the NAFO MCS website and send it to the Commission.

Article 31 U.K. Boarding and inspection procedures for Contracting Parties

Each Member State shall ensure that for an inspection conducted under the Scheme, its inspectors:

(a)

prior to boarding, notify the fishing vessel by radio, using the International Code of Signals, of the name of the inspection platform;

(b)

display, on the inspection vessel and boarding vessel, the pennant depicted in Annex IV.E to the CEM referred to in point 39 of the Annex to this Regulation;

(c)

ensure that during boarding, the inspection vessel remains at a safe distance from fishing vessels;

(d)

do not require the fishing vessel to stop or manoeuvre when towing, shooting or hauling;

(e)

limit each inspection team to a maximum of four inspectors including any inspection trainee who may accompany the inspection team for training purposes only. Where an inspection trainee accompanies the inspectors, inspectors shall, upon boarding, identify the trainee to the master of the vessel. The inspection trainee shall simply observe the inspection operation conducted by the authorised inspectors and shall in no way interfere with the activities of the fishing vessel;

(f)

upon boarding, present to the master of the vessel their NAFO documents of identity issued by the NAFO Executive Secretary in accordance with Article 32.3(b) of the CEM;

(g)

limit inspections to four hours, or the time required for the net to be hauled in and both the net and the catch to be inspected, whichever is longer, except:

(i)

in the case of an infringement; or

(ii)

where the inspector estimates the quantity of catch on board to be different from the quantity of catch recorded in the fishing logbook, in which case the inspector will limit the inspection to one additional hour with a view to verifying calculations and procedures, and re-examining the relevant documentation used to calculate the catch taken in the Regulatory Area and the catch on board the vessel;

(h)

gather any relevant information used for identifying compliance with this Regulation provided by the observer.

Article 32 U.K. Obligations of the master of the vessel during inspection

Every master of the vessel shall take the necessary measures as may be required to facilitate inspection by:

(a)

ensuring, where an inspection vessel has signalled that an inspection is about to commence, that any net about to be hauled is not taken on board for at least 30 minutes following the signal from the inspection vessel;

(b)

upon request by an inspection platform and to the extent compatible with good seamanship, facilitating boarding by the inspectors;

(c)

providing a boarding ladder in accordance with Annex IV.G to the CEM referred to in point 40 of the Annex to this Regulation;

(d)

ensuring any mechanical pilot hoist is fit for use in a safe manner including safe access between the hoist to the deck;

(e)

providing the inspectors access to all relevant areas, decks and rooms, processed and unprocessed catch, nets or other gear, equipment, and any relevant documents which they consider necessary to verify compliance with this Regulation;

(f)

recording and providing to inspectors upon request, coordinates pertaining to the start and end locations of any trial tow conducted in accordance with point (iii) of point (b) of Article 8(1);

(g)

upon request of the inspector, producing registration documents, drawings or descriptions of fish rooms, production logbooks and stowage plans and rendering such assistance as the inspector reasonably requires to ascertain that actual stowage of catch conforms with the stowage plan;

(h)

refraining from interfering with any contact between the inspectors and the observer including respecting the privacy necessary for the inspectors and the observer to perform their duties;

(i)

facilitating the taking of samples of processed fish by inspectors, for the purpose of species identification through DNA analysis;

(j)

taking such action as may be necessary to preserve the integrity of any seal affixed by the inspectors and of any evidence remaining on board, until otherwise directed by the flag State;

(k)

to secure the continuity of evidence, where seals have been affixed and/or evidence has been secured, signing the appropriate section of the inspection report acknowledging the placement of seals;

(l)

ceasing fishing when requested to do so by the inspectors in accordance with point (b) of Article 35(2);

(m)

providing, upon request, the use of the vessel's communication equipment and operator for messages to be sent out and received by the inspectors;

(n)

at the request of the inspectors, removing any part of the fishing gear which appears to be unauthorised under this Regulation;

(o)

where the inspectors have made any entries in the logbooks, providing the inspector with a copy of each page where such entry appears, and at the request of the inspectors, signing each page to confirm that it is a true copy; and

(p)

when requested to cease fishing, not resuming fishing until:

(i)

the inspectors have completed the inspection and secured any evidence; and

(ii)

the master of the vessel has signed the appropriate section of the inspection report as referred to in point (k).

Article 33 U.K. Inspection 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 404/2011(1) 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:

(i)

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

(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;

(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;

(iv)

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

(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.

Article 34 U.K. Procedures relating to infringements

1. Each inspecting Member State shall ensure that its inspectors upon detecting an infringement of this Regulation:

(a) record the infringement in the inspection report;

(b) enter and sign a notation in the fishing logbook or other relevant document of the inspected vessel indicating the date, geographical coordinates, and nature of the infringement, make a copy of any relevant entry and request that the master of the vessel sign each page to verify that it is a true copy of the original;

(c) record images of any gear, catch, or other evidence the inspector deems necessary relating to the infringement;

(d) affix securely the inspection seal depicted in NAFO Inspection Seal provided in Annex IV.F to the CEM referred to in point 42 of the Annex to this Regulation, as appropriate, and duly note the action taken and the serial number of each seal in the inspection report;

(e) request the master of the vessel:

(i)

in order to secure the continuity of evidence, to sign the appropriate section of the inspection report acknowledging the placement of seals; and

(ii)

to give a written statement in the appropriate section of the inspection report;

(f) request that the master of the vessel remove any part of the fishing gear which appears to be unauthorised under this Regulation; and

(g) where practicable, notify the observer of the infringement.

2. The inspecting Member State shall:

(a) within 24 hours from detection of the infringement, transmit to the Commission and EFCA, which shall in turn transmit to the competent authority of the flag State Contracting Party or Member State if different from the inspecting Member State, and the NAFO Executive Secretary, written notification of the infringement reported by its inspectors. The written notification shall include the information entered in point 15 of the inspection report in Annex IV.B to the CEM referred to in point 41 of the Annex to this Regulation, cite the relevant measures and describe in detail the basis for issuing the notice of infringement, and the evidence in support of the notice, and where possible, be accompanied by images of any gear, catch or other evidence relating to the infringement referred to in paragraph 1 of this Article;

(b) within five days of the inspection vessel's return to port, transmit the inspection report to the Commission and EFCA;

EFCA shall post the inspection report on the NAFO MCS website in PDF format.

3. The follow-up to infringements by the flag Member State shall be conducted in accordance with the provisions of Article 36.

Article 35 U.K. Additional procedures for serious infringements

1. Each of the following violations constitutes a serious infringement, within the meaning of Article 90 of Regulation (EC) No 1224/2009:

(a) fishing an ‘Others’ quota without prior notification to the Commission in contravention of Article 5;

(b) fishing an ‘Others’ quota more than five working days following closure of the fishery in contravention of Article 5;

(c) directed fishing for a stock which is subject to a moratorium, or for which fishing is otherwise prohibited, in contravention of Article 6;

(d) directed fishing for stocks or species after the date of closure of the fishery by the flag Member State notified to the Commission, in contravention of Article 6;

(e) fishing in a closed area, in contravention of Article 9(5) and Article 11;

(f) fishing with a bottom fishing gear in an area closed to bottom fishing activities, in contravention of Chapter III;

(g) using an unauthorised mesh size in contravention of Article 13;

(h) fishing without a valid authorisation;

(i) mis-recording of catches in contravention of Article 25;

(j) failing to carry or interfering with the operation of the satellite monitoring system in contravention of Article 26;

(k) failure to communicate messages relating to catch in contravention of Article 10(3) or Article 25;

(l) obstructing, intimidating, interfering with or otherwise preventing inspectors or observers from performing their duties, or exerting any other form of indirect pressure;

(m) committing an infringement where there is no observer on board;

(n) concealing, tampering with or disposing of evidence relating to an investigation, including the breaking or tampering of seals or gaining access to sealed areas;

(o) presentation of falsified documents or providing false information to an inspector that would prevent a serious infringement from being detected;

(p) landing, transhipment or making use of other port services:

(i)

in a port not designated in accordance with the provisions of Article 39(1); or

(ii)

without authorisation of the port State referred to in Article 39(6);

(q) failure to comply with the provisions of Article 41(1);

(r) failure to carry an observer, if this is required.

2. Where citing a vessel for having committed a serious infringement, the inspector shall:

(a) take all measures necessary to ensure security and continuity of evidence, including, as appropriate, sealing the vessel's hold and/or fishing gear for further inspection;

(b) request that the master of the vessel cease all fishing activity that appears to constitute a serious infringement; and

(c) immediately notify the inspector's competent authority, and transmit to it the information, and where possible images, within 24 hours. The competent authority receiving this information shall notify the flag State Contracting Party or Member State if different from the inspecting Member State in accordance with Article 34.

3. In the case of a serious infringement concerning a vessel flying its flag, the flag Member States shall:

(a) acknowledge receipt of the related information and images without delay;

(b) ensure the inspected vessel does not resume fishing until further notification;

(c) using all information and material available, review the case and, within 72 hours require the vessel to proceed immediately to a port for a full inspection under its authority, if any of the following serious infringements are apparent:

(i)

directed fishing for a stock which is subject to a moratorium;

(ii)

directed fishing for a stock for which fishing is prohibited under Article 6;

(iii)

mis-recording of catch, in contravention of Article 25; or

(iv)

repetition of the same serious infringement during a 6-month period.

4. Where the serious infringement is misrecording of catch, the full inspection shall ensure the physical inspection and enumeration of total catch on board, by species and Division.

5. For the purposes of this Article, ‘misrecording of catches’ means a difference of at least 10 tonnes or 20 %, whichever is greater, between the inspectors' estimates of processed catch on board, by species or in total, and the figures recorded in the production logbook, calculated as a percentage of the production logbook figures.

6. Subject to the consent of the flag Member State and, if the port State NAFO Contracting Party is not the same as the inspector's Member State, inspectors of that NAFO port Contracting Party or port Member State may participate in the full inspection and enumeration of the catch.

7. If point (c) of paragraph 3 does not apply, the flag Member State shall either:

(a) allow the vessel to resume fishing. In such a case, the flag Member State shall not later than two days following the notice of infringement provide written justification to the Commission on why the vessel has not been ordered to port. The commission shall transmit that justification to the NAFO Executive Secretary; or

(b) require the vessel to proceed immediately to a port for a full physical inspection, under its authority.

8. Where the flag Member State orders the inspected vessel to port, the inspectors may board or remain on board the vessel as it proceeds to port, provided that the flag Member State does not require the inspectors to leave the vessel.

Article 36 U.K. Follow-up to infringements

1. In the case of an infringement by a vessel flying its flag, the Member State shall:

(a) investigate fully, including, if necessary, by physically inspecting the fishing vessel at the earliest opportunity;

(b) cooperate with the inspecting NAFO Contracting Party or inspecting Member State if different from the flag Member State to preserve the evidence and the chain of custody in a form that will facilitate proceedings in accordance with its laws;

(c) take immediate judicial or administrative action in conformity with its national legislation against the persons responsible for the vessel; and

(d) ensure that sanctions applicable in respect of infringements are adequate in severity to be effective in securing compliance, deterring further infringements or their repetition and depriving the offenders of the benefits accruing from the infringement.

2. The judicial or administrative action and sanctions referred to in points (c) and (d) of paragraph 1 may include, but shall not be limited to, the following, depending on the gravity of the offence and in accordance with domestic law:

(a) fines;

(b) seizure of the vessel, illegal fishing gear and catches;

(c) suspension or withdrawal of authorisation to conduct fishing activities; and

(d) reduction or cancellation of any fishing allocations.

3. Each flag Member State shall ensure that it treats all notices of infringement as if the infringement was reported by its own inspectors.

4. The flag Member State and the port Member State shall immediately notify the Commission:

(a) the judicial or administrative action and sanctions referred to in points (c) and (d) of paragraph 1;

(b) as soon as practicable but no later than four months following the occurrence of a serious infringement, a report setting out the progress of the investigation, including details of any action it has taken or has initiated in relation to the infringement; and

(c) upon completion of its investigation, a report on the final outcome.

Article 37 U.K. Member State reports on inspection, surveillance and infringements

1. Each Member State shall by 1 February each year report to the Commission and to EFCA, in accordance with the Scheme, the following information:

(a) the number of inspections of fishing vessels flying its flag and fishing vessels flying the flag of another NAFO Contracting Party it carried out in the previous calendar year;

(b) the name of every fishing vessel in relation to which its inspectors have issued a notice of infringement, including the date and position of the inspection and the nature of the infringement;

(c) the number of hours flown by its surveillance aircraft on patrol, the number of sightings made by such aircraft, the number of surveillance reports it has transmitted and, for each such report, the date, time and position of the sightings;

(d) the action it has taken during the previous year, including a description of the specific terms of any judicial or administrative actions or sanctions imposed (for example the amount of fines, value of forfeited fish and/or gear, written warnings given), concerning:

(i)

every infringement cited by an inspector relating to vessels flying its flag; and

(ii)

each surveillance report it has received.

By 1 March each year, the Commission shall transmit the information referred to in the first subparagraph to the NAFO Executive Secretary.

2. The reports referred to in point (d) of the first subparagraph of paragraph 1 shall indicate the current status of the case. The Member State shall continue to list such infringement in each subsequent report until it reports the final outcome of the infringement.

3. A Member State shall provide a sufficiently detailed explanation regarding every infringement for which it has taken no action or where no penalties were imposed.

(1)

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 (OJ L 112, 30.4.2011, p. 1).