# Regulation (EU) No 1236/2010 of the European Parliament and of the Council of 15 December 2010 laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries and repealing Council Regulation (EC) No 2791/1999, Article 25: Authorisation to land or tranship and of other use of port

Extent: E+W+S+N.I.

1. In response to a notification transmitted pursuant to Article 24, the flag state of the fishing vessel intending to land or tranship or, where the fishing vessel has engaged in transhipment operations outside United Kingdom waters, the flag state or states of the donor vessels, shall, by completing the prior notification referred to in Article 24, confirm that:
(a) the fishing vessel which declared having 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 vessel which declared having caught the fish had authorisation to fish in the areas declared;
(d) the presence of the fishing vessel in the area of catch declared has been verified according to VMS data.
2. Landing or transhipment operations may only start after authorisation has been given by the competent authorities of the port ... by duly completing the prior notification referred to in Article 24. Such authorisation shall only be given if the confirmation from the flag state referred to in paragraph 1 has been received.
3. By way of derogation from paragraph 2, the competent authorities of a fisheries administration may authorise all or part of a landing in the absence of the confirmation referred to in paragraph 1, but in such cases they shall keep the fish concerned in storage under their control. 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 competent authorities of a fisheries administration may confiscate and dispose of the fish in accordance with applicable laws.
3a. Landing, transhipment and other use of port shall not be authorised if a fisheries administration receives clear evidence that the catch on board was taken in contravention of applicable requirements of a Contracting Party in respect of areas under its national jurisdiction.
4. The competent authorities of a fisheries administration shall without delay notify their decision on whether or not to authorise the landing, transhipment and other use of port to the master of the vessel or his representative and to the flag state of the vessel by completing as appropriate the prior notification referred to in Article 24 and shall inform the NEAFC Secretary thereof.
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Source: https://www.legislation.gov.uk/eur/2010/1236/article/25 (the official version)
Page: https://openlegislation.uk/eu-regulation-2010-1236/article-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.