Council Regulation (EC) No 1005/2008Show full title

Article 11 U.K. Procedure in the event of infringements

1. If the information collected during the inspection provides evidence to the official to believe that a fishing vessel has engaged in IUU fishing in accordance with the criteria set out in Article 3, the official shall:

(a) record the suspected infringement in the inspection report;

(b) take all necessary action to ensure safekeeping of the evidence pertaining to such suspected infringement;

(c) immediately forward the inspection report to the competent authority.

2. If the results of the inspection provide evidence that a third country fishing vessel has engaged in IUU fishing in accordance with the criteria set out in Article 3, [F1 a fisheries administration] shall not authorise such vessels to land or tranship their catch.

3. The [F2 fisheries administration must] immediately notify its decision not to authorise landing or transhipment operations taken in accordance with paragraph 2, accompanied by a copy of the inspection report, to F3 ... the competent authority of the flag [F4 state] of the inspected fishing vessel with a copy to the flag [F4 state] or [F4 states] of donor vessels where the inspected fishing vessel has engaged in transhipment operations. Where appropriate, a copy of the notification shall also be communicated to the Executive Secretary of the regional fisheries management organisation in whose area of competence the catch was made.

[F5 4. Where the suspected breach has taken place in the high seas, and the United Kingdom is the port state, a fisheries administration must co-operate with the flag state in carrying out an investigation into it and, where appropriate, must apply the sanctions provided for under the law applying in the relevant part of the United Kingdom, under the condition that, in accordance with international law, that flag state has expressly agreed to transfer its jurisdiction. In addition, where the suspected breach has taken place in the maritime waters of a third country, a fisheries administration must also co-operate with the coastal state in carrying out an investigation into it and, where appropriate, must apply the sanctions provided for under the law applying in the relevant part of the United Kingdom, under the condition that, in accordance with international law, that coastal state has expressly agreed to transfer its jurisdiction.]

Textual Amendments

F1 Words in Art. 11(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 11(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(12)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 11(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(12)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in Art. 9(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(12)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 11(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(12)(c); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Ch. 2 applied (with modifications) (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(3), 5