CHAPTER I — Surveillance and inspection reports
Content and format of surveillance and inspection reports
1. The surveillance reports referred to in Article 71(3) and (4) of Regulation (EC) No 1224/2009 shall be drawn up and submitted, where possible by electronic means, in accordance with the instructions and rules set out in Annex VI to this Regulation.
2. The inspection reports referred to in Article 76 of Regulation (EC) No 1224/2009 shall be drawn up and submitted by electronic means in accordance with the instructions and rules set out in the appropriate module established in Annex VII to this Regulation.
3. When a suspected infringement is detected during surveillance or inspection, the legal and material elements together with any other information relevant to the infringement shall be included in the corresponding surveillance or inspection report. When several suspected infringements are detected during surveillance or inspection, relevant elements of each infringement shall be noted in the corresponding surveillance or inspection report.
4. Data from the surveillance and inspection reports shall be kept available in the database for at least three years.
Rules on the electronic database
Member States shall upload the data contained in their surveillance and inspections reports into the electronic database referred to in Article 78 of Regulation (EC) No 1224/2009, which shall at least provide for the functionalities to list, sort, filter, browse and derive statistics from the surveillance and inspection reports. The minimum information recorded in this database shall be that indicated in Annex VI and Annex VII, respectively.
Completion of inspection reports
1. The inspection report shall be legible and clearly recorded. No entry in the report shall be erased or altered. If a mistake is made in the report, the incorrect entry shall be visibly noted and recorded by the official concerned.
2. The official responsible for the inspection shall sign or issue the report. The inspected operator shall be invited to sign or accept the report. In case the inspected operator is not able to or refuse to accept or sign the inspection report, the inspector shall note this in the observations section of the report. In case where officials do not speak the same language as the inspected operator, they shall take appropriate measures to make understandable their findings.
3. Without prejudice to national law, the inspected operator’s signature or acceptance of the report shall constitute an acknowledgement of the report and shall not be regarded as an acceptance of the contents therein.
4. Upon request, the inspected operator shall have the right to contact their representative or the competent authorities of their flag Member State.
CHAPTER II — Union inspectors
Notification of Union inspectors to EFCA
Within three months from the date of entry into force of this Regulation, Member States and the Commission shall electronically notify to EFCA a list of officials to be included in the list of Union inspectors, in accordance with Article 79 of Regulation (EC) No 1224/2009.
Adoption and maintenance of the list of Union inspectors
1. Based on the information notified by Member States and the Commission under Article 38 of this Regulation, EFCA shall draw up a list of Union inspectors, including EFCA officials, to be submitted to the Commission for adoption within six months from the date of entry into force of this Regulation.
2. Officials included in the list of Union inspectors referred to in Article 38 shall:
(a)
have extensive experience in the field of fisheries control and inspection;
(b)
possess an in-depth knowledge of fisheries legislation of the European Union;
(c)
have a thorough knowledge of one of the official languages of the European Union and a satisfactory knowledge of a second;
(d)
be physically fit to perform their duties; and
(e)
have received adequate training regarding safety at sea, where appropriate.
3. After the adoption of the initial list referred to in paragraph 1, Member States and the Commission shall notify EFCA of any amendments to the list they wish to introduce for the following calendar year by 30 September each year. EFCA shall communicate such modifications to the Commission, which shall update the list accordingly by 31 December each year. Depending on the number of amendments received, the Commission may update the list at shorter intervals.
4. The list and any amendments thereto shall be published on the official website of EFCA.
Notification of Union inspectors to RFMOs
EFCA shall communicate to the secretariat of an RFMO to which the Union or its Member States are a party the list of Union inspectors who are to carry out inspections in the framework of that Organisation.
Powers and duties of Union inspectors
1. In the accomplishment of their tasks, Union inspectors shall comply with the law of the European Union and, as far as applicable, the national law of the Member State where the inspection takes place or, where the inspection is carried out outside Union waters, of the flag Member State of the inspected fishing vessel and relevant international rules.
2. Union inspectors shall present a service card stating their identity and the capacity under which they operate at the time of inspection to any concerned person that requires their identification. For this purpose, they shall be provided with an identification document issued by EFCA stating their identity and capacity.
3. Member States shall facilitate the execution of duties by Union inspectors and shall afford them such assistance as they need to fulfil their tasks.
Reports of Union inspectors
1. Union inspectors shall submit a daily summary on their inspection activities, including the name and identification number of each fishing vessel or craft inspected and the type of inspection carried out, to the competent authorities of the Member State in whose waters or territory the inspection took place or, where the inspection was carried out outside Union waters, to the flag Member State of the inspected Union fishing vessel, and EFCA.
2. If Union inspectors detect an infringement in the course of an inspection, they shall without delay submit a summarised inspection report to the competent authorities of the coastal Member State or, where the inspection was carried out outside Union waters, to competent authorities of the flag State of the inspected fishing vessel and EFCA. Such summarised inspection report shall specify at least the date and place of the inspection, identification of the inspection platform, identification of the inspected target and type of infringement detected.
3. Union inspectors shall submit a copy of the full inspection report, in accordance with Article 76 of Regulation (EC) No 1224/2009, noting the relevant items in the appropriate inspection module of the inspection report in Annex VII to the competent authorities of the flag State of the inspected fishing vessel or craft and of the Member State in whose waters the inspection took place, within 7 days from the date of inspection.
Follow-up of reports
1. Member States shall act on reports submitted by the Union inspectors in accordance with Article 42 of this Regulation in the same way as they act on reports from their own officials.
2. The Member State that nominated the Union inspector or, where appropriate, the Commission or EFCA shall cooperate with the Member State acting on a report submitted by the Union inspector to facilitate judicial and administrative proceedings.
3. On request, a Union inspector shall assist and give evidence in infringement proceedings undertaken by any Member State.
CHAPTER III — Point system for serious infringements
Notification of decisions on assignment of points
1. If the competent national authorities designated in accordance with Article 92(10) of Regulation (EC) No 1224/2009 is not the same as the single authority referred to in Article 5(5) of Regulation (EC) No 1224/2009, Member States shall ensure that the latter is informed of any decision taken pursuant to this Chapter.
2. The holder of the fishing licence and the master shall be informed by the flag Member State concerned about any points assigned to them in accordance with Article 92(2) and (4) of Regulation (EC) No 1224/2009.
3. Member States shall establish procedures under national law to ensure the prompt notification of the relevant decisions to the holder of the fishing licence and to the master.
Transfer of the points
When a catching vessel or fishing licence is sold, transferred, or otherwise changes ownership, the owner of the vessel or the holder of the fishing licence shall inform the potential future owner or licence holder of the number of points still assigned. This information shall be provided by means of a certified copy obtained from the competent authorities.
Deletion of fishing licences from relevant lists
1. If the fishing licence is suspended or withdrawn permanently in accordance with Article 92(6) of Regulation (EC) No 1224/2009, the catching vessel to which the suspended or permanently withdrawn fishing licence relates shall be identified as being without a fishing licence in the national fishing fleet register referred to in Article 24(1) of Regulation (EU) No 1380/2013. This catching vessel shall also be identified in this way in the Union fishing fleet register referred to in Article 24(3) of Regulation (EU) No 1380/2013.
2. The deletion of a fishing licence from relevant lists, in accordance with Article 92(6) of Regulation (EC) No 1224/2009, shall not affect the fishing capacity ceilings of the Member State issuing the licence as referred to in Article 22(7) of Regulation (EU) No 1380/2013.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
