Article 29 Infringement procedures

United Kingdom

Where inspectors find that there are clear grounds for believing that a fishing vessel has engaged in any activity contrary to the conservation and management measures adopted by NEAFC they shall:

(a)

record the infringement in the report referred to in Articles 19(2), 20(9) or 27;

(b)

take all necessary measures to ensure security and continuity of the evidence. An identification mark may be affixed securely to any part of the fishing gear which appears to the inspector to be or to have been in contravention of applicable measures;

(c)

attempt immediately to communicate with an inspector or designated authority of the flag state of the inspected fishing vessel;

(d)

transmit the inspection report promptly to F1a fisheries administration.

F2A fisheries administration must communicate in writing the details of the infringement to the designated authority of the flag state of the inspected vessel F3... and, whenever possible, shall do so during the first working day following the start of the inspection.

F4Where appropriate, the Member State carrying out the inspection shall also communicate the findings of that inspection to the Contracting Party in whose waters the infringement took place and the state of which the vessel’s master is a national.

F5A fisheries administration must send without delay the original of the surveillance or inspection report with any supporting documents to the competent authorities of the flag state of the inspected fishing vessel as well as a copy to F6... the NEAFC Secretary.

Annotations

Textual amendments

F1: Words in Art. 29(1)(d) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 5(28)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Art. 29(2) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 5(28)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in Art. 29(2) 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(28)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4: 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.
F5: Words in Art. 29(3) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 5(28)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F6: Words in Art. 29(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(28)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)