OpenLegislation

Article 26 Port inspections

United Kingdom

Original text. Later amendments are not shown.

F11.

F2A fisheries administration must carry out inspections of at least 5 % of landings or transhipments of fresh fish and at least 7,5 % of frozen fish in its ports during each reporting year, on the basis of risk management that takes into consideration the general guidelines outlined in Annex II.

F31a.

Inspections shall be conducted in a fair, transparent and non-discriminatory manner and shall not constitute harassment of any vessel.

2.

Inspectors shall examine all relevant areas of the vessel in order to verify compliance with the relevant conservation and management measures. Inspections shall be conducted in accordance with the procedures laid down in Annex III.

2a.

F4A fisheries administration must make all possible efforts to facilitate communication with the master or senior crew members of the vessel, including, where possible and where needed by ensuring that the inspector is accompanied by an interpreter.

3.

F5... Inspectors shall make all possible efforts to avoid delaying a vessel unduly and to ensure that the vessel suffers the minimum interference and inconvenience and that degradation of the quality of the fish is avoided.

3a.

F6... Inspectors shall not interfere with the master’s ability to communicate with the authorities of the flag state.

4.

F7A fisheries administration may invite inspectors of other Contracting Parties to accompany its own inspectors and observe the inspection.

Annotations

Textual amendments

F1

Substituted by Regulation (EU) 2016/96 of the European Parliament and of the Council of 20 January 2016 amending Regulation (EU) No 1236/2010 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.

F2

Words in Art. 26(1) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 5(25)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3

Inserted by Regulation (EU) 2016/96 of the European Parliament and of the Council of 20 January 2016 amending Regulation (EU) No 1236/2010 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.

F4

Words in Art. 26(2a) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 5(25)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5

Word in Art. 26(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 5(25)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6

Word in Art. 26(3a) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 5(25)(d); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in Art. 26(4) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 5(25)(e); 2020 c. 1, Sch. 5 para. 1(1)