OpenLegislation

Article 42 Landings, transhipments and other use of portF1

United Kingdom

Original text. Later amendments are not shown.

1.

Landings, transhipments and/or other use of port by non-Contracting Party vessels may only start after authorisation has been given by the competent authorities of F2a fisheries administration.

2.

When a non-Contracting Party vessel has entered port, F3a fisheries administration must deny that vessel landing, transhipping, processing and packaging of fisheries resources and other port services, including, inter alia, refuelling and resupplying, maintenance and dry-docking, if:

(a)

the vessel has been inspected pursuant to Article 41, and the inspection reveals that the vessel has species on board which are subject to recommendations established under the Convention, unless the master of the vessel provides satisfactory evidence to the competent authorities proving that the fish were caught outside the Regulatory Area or in compliance with all relevant recommendations established under the Convention; or

(b)

the flag State of the vessel, or the flag State or States of donor vessels where the vessel has engaged in transhipment operations, does not provide the confirmation referred to in Article 25; or

(c)

the master of the vessel has failed to fulfil any one of the obligations laid down in Article 21(a) to (d); or

(d)

F4a fisheries administration has received clear evidence that the fisheries resources on board were taken in the waters under the jurisdiction of a Contracting Party in contravention of applicable regulations; or

(e)

F5a fisheries administration has sufficient proof that the vessel has otherwise been engaged in IUU fishing activities in the Convention Area or has supported such fishing activities.

3.

In the case of denial under paragraph 2, a non-Contracting Party vessel shall be prohibited from transhipping in the waters under the jurisdiction of the F6a fisheries administration.

4.

In the case of denial under paragraph 2, F7a fisheries administration must communicate F8its decision to the master of the vessel or to his representative and F9... to the NEAFC Secretary.

5.

F10A fisheries administration must withdraw F11its denial of the use of their ports in respect of a vessel only if there is sufficient proof that the grounds on which use was denied were inadequate or erroneous or that such grounds no longer exist.

6.

Where a F12fisheries administration has withdrawn its denial pursuant to paragraph 5, it shall promptly notify those to whom a communication was made pursuant to paragraph 4. F13...

Annotations

Textual amendments

F1

Substituted by Commission Delegated Regulation (EU) 2015/1341 of 12 March 2015 amending Regulation (EU) No 1236/2010 of the European Parliament and of the Council 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. 42(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(39)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Art. 42(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(39)(b)(i) (as amended by S.I. 2019/1312, regs. 1(2), 9(2)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in Art. 42(2)(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(39)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in Art. 42(2)(e) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 5(39)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in Art. 42(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(39)(c); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in Art. 42(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(39)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F8

Word in Art. 42(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(39)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F9

Words in Art. 42(4) 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(39)(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F10

Words in Art. 42(5) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 5(39)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F11

Word in Art. 42(5) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 5(39)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F12

Words in Art. 42(6) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 5(39)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)

F13

Words in Art. 42(6) 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(39)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)