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COMMISSION REGULATION (EEC) No 1382/87
of 20 May 1987
establishing detailed rules concerning the inspection of fishing vessels
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2057/82 of 29 June 1982 establishing certain control measures for fishing activities (1), as last amended by Regulation (EEC) No 4027/86 (2), and in particular Article 13 thereof,
Whereas Article 4 of Regulation (EEC) No 2057/82 provides for the adoption of detailed rules for the inspection of fishing vessels;
Whereas it is necessary to define the vessels and their activities subject to inspection;
Whereas inspection vessels should display appropriate identification;
Whereas the duties of a vessel being inspected should be defined;
Whereas the duties of coastal states in respect of certain infringements should be defined;
Whereas the coordination of control activities will be facilitated by suggestions made by the Commission;
Whereas, under Article 14 of Regulation (EEC) No 2057/82, Member States may take national control measures which go beyond Community requirements, provided that they comply with Community law and are in conformity with the common fisheries policy;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Resources,
HAS ADOPTED THIS REGULATION:
Article 1
1. Inspection by the competent authorities of the Member States shall be carried out at sea and in port with respect to the following vessels:
- Vessels equipped for fishing activity, whether the equipment is permanently attached to the vessel or not;
- Vessels receiving fish or fishery products for processing, transport or storage.
2. For the purposes of this Regulation the term fish includes all fish, crustaceans and molluscs.
Article 2
Any vessel engaged in inspection shall fly or so as to be clearly visible, a pennant or symbol as shown in Annex I.
Article 3
1. The skipper of a vessel to be inspected may be required by a representative of the competent authority of a Member State to stop, manoeuvre or carry out other actions in order to facilitate boarding.
2. The provisions of Annex II shall apply to vessels safe and convenient access to which requires a climb of 1,5 metres or more.
3. The skipper of the inspected vessel shall on request make the vessel's communications equipment and operator available for messages to be sent and/or received for the purposes of the inspection.
Article 4
When in a Member State an alleged infringement relating to a vessel of another Member State has been discovered, the former Member State shall inform the competent authority of the flag State of this fact and also of any administrative or legal action taken as a result.
Article 5
The Commission may make suggestions to the Member States as to the coordination of their control activities in accordance with Article 1 (3) of Regulation (EEC) No 2057/82.
Article 6
This Regulation shall enter into force on 1 October 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 May 1987.