Part 2 Insertion of entries 2(a) to (e)

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Column 1 Provision Column 2 Detailed Rules Column 3 Subject matter Column 4 Persons liable
2. Regulation 404/2011
(a) Article 39(1) and (2) In relation to any EU fishing boat to which Articles 15, 17, 22 and 24 (electronic completion and transmission of fishing logbook, prior notification, transhipment declaration and landing declaration data) of the Control Regulation apply, and whose electronic recording and reporting system malfunctions— The master; the owner; the charterer (if any); the agent of any of these persons.
Requirement to communicate certain data (e.g. fishing logbook, transhipment declaration, landing declaration and prior notification data), as specified, to the competent authority of the flag Member State, by telecommunication means prescribed by it—
(a)
at least once a day and not later than 24:00 hours (event where there are no catches); and
(b)
at the request of the competent authority of the flag Member State, immediately after the last fishing operation or after completion of any transhipment, before entering into port, at the time of any inspection at sea, and at the time of events defined in EU legislation or by the flag Member State.
(b) Article 39(4) In relation to any EU fishing boat to which Articles 15, 17, 22 and 24 (electronic completion and transmission of fishing logbook, prior notification, transhipment declaration and landing declaration data) of the Control Regulation apply— The master; the owner; the charterer (if any); the agent of any of those persons.
Prohibition on leaving port following a technical failure or malfunction of the electronic recording and reporting system fitted on board unless—
(a)
the system is fully functioning to the satisfaction of the competent authority of the flag Member State; or
(b)
the competent authority of the flag Member State has authorised the boat to leave port with a non-functioning electronic recording and reporting system.
(c) Article 40(3) In relation to any EU fishing boat to which Articles 15, 22 and 24 (electronic completion and transmission of fishing logbook, transhipment declaration and landing declaration data) of the Control Regulation apply, and which has been notified that its flag Member State has not received data transmissions in accordance with those Articles— The master, the owner; the charterer (if any): the agent of any of those persons.
Requirement to send the notified data to the competent authority of the flag Member State immediately on receipt of such notification.
(d) Article 41(3) In relation to any EU fishing boat to which Articles 15, 22 and 24 (electronic completion and transmission of fishing logbook, transhipment declaration and landing declaration data) of the Control Regulation apply, and which has been notified that a coastal Member State cannot access the boat's electronic logbook or transhipment data (in accordance with Article 44 of Regulation 404/2011)— The master; the owner; the charterer (if any); the agent of any of those persons.
Requirement to send such data, and a copy of the return message issued in accordance with Article 38(1) of Regulation 404/2011, to the competent authority of the coastal Member State upon request and by any available electronic means prescribed by it.
(e) article 41(4), as read with Article 41(3) In relation to any EU fishing boat to which Articles 15, 22 and 24 (electronic completion and transmission of fishing logbook, transhipment declaration and landing declaration data) of the Control Regulation apply, and which cannot provide a copy of a return message in compliance with a coastal Member State's request under Article 41(3) of the Implementing Regulation— The master; the owner; the charterer (if any); the agent of any of those persons.
Prohibition on undertaking any fishing activities in the coastal Member State's waters until a copy of the return message (issued in accordance with Article 38(1) of Regulation 404/2011) or fishing logbook information (referred to in Article 14(1) of the Control Regulation) is provided to the competent authority of the coastal Member State.
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Column 1 Provision	Column 3 Subject matter	Column 4 Persons liable
2. Regulation 404/2011
(a) Article 39(1) and (2)	In relation to any EU fishing boat to which Articles 15, 17, 22 and 24 (electronic completion and transmission of fishing logbook, prior notification, transhipment declaration and landing declaration data) of the Control Regulation apply, and whose electronic recording and reporting system malfunctions—	The master; the owner; the charterer (if any); the agent of any of these persons.
	Requirement to communicate certain data (e.g. fishing logbook, transhipment declaration, landing declaration and prior notification data), as specified, to the competent authority of the flag Member State, by telecommunication means prescribed by it—
	(a) at least once a day and not later than 24:00 hours (event where there are no catches); and (b) at the request of the competent authority of the flag Member State, immediately after the last fishing operation or after completion of any transhipment, before entering into port, at the time of any inspection at sea, and at the time of events defined in EU legislation or by the flag Member State.
(b) Article 39(4)	In relation to any EU fishing boat to which Articles 15, 17, 22 and 24 (electronic completion and transmission of fishing logbook, prior notification, transhipment declaration and landing declaration data) of the Control Regulation apply—	The master; the owner; the charterer (if any); the agent of any of those persons.
	Prohibition on leaving port following a technical failure or malfunction of the electronic recording and reporting system fitted on board unless—
	(a) the system is fully functioning to the satisfaction of the competent authority of the flag Member State; or (b) the competent authority of the flag Member State has authorised the boat to leave port with a non-functioning electronic recording and reporting system.
(c) Article 40(3)	In relation to any EU fishing boat to which Articles 15, 22 and 24 (electronic completion and transmission of fishing logbook, transhipment declaration and landing declaration data) of the Control Regulation apply, and which has been notified that its flag Member State has not received data transmissions in accordance with those Articles—	The master, the owner; the charterer (if any): the agent of any of those persons.
(c) Article 40(3)	Requirement to send the notified data to the competent authority of the flag Member State immediately on receipt of such notification.
(d) Article 41(3)	In relation to any EU fishing boat to which Articles 15, 22 and 24 (electronic completion and transmission of fishing logbook, transhipment declaration and landing declaration data) of the Control Regulation apply, and which has been notified that a coastal Member State cannot access the boat's electronic logbook or transhipment data (in accordance with Article 44 of Regulation 404/2011)—	The master; the owner; the charterer (if any); the agent of any of those persons.
(d) Article 41(3)	Requirement to send such data, and a copy of the return message issued in accordance with Article 38(1) of Regulation 404/2011, to the competent authority of the coastal Member State upon request and by any available electronic means prescribed by it.
(e) article 41(4), as read with Article 41(3)	In relation to any EU fishing boat to which Articles 15, 22 and 24 (electronic completion and transmission of fishing logbook, transhipment declaration and landing declaration data) of the Control Regulation apply, and which cannot provide a copy of a return message in compliance with a coastal Member State's request under Article 41(3) of the Implementing Regulation—	The master; the owner; the charterer (if any); the agent of any of those persons.
(e) article 41(4), as read with Article 41(3)	Prohibition on undertaking any fishing activities in the coastal Member State's waters until a copy of the return message (issued in accordance with Article 38(1) of Regulation 404/2011) or fishing logbook information (referred to in Article 14(1) of the Control Regulation) is provided to the competent authority of the coastal Member State.