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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.
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.