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1. In the context of the joint inspection and surveillance scheme under Article 19(1), Member States shall ensure that port inspections of fishing vessels falling under the scope of Article 25 are based on a harmonised risk assessment methodology established in cooperation with, and under the coordination of, EFCA, taking into consideration the general guidelines outlined in Annex XXII.

2. For risk assessment and, where appropriate, inspection, following a prior notification referred to in Article 28, Member States shall ensure that NEAFC port inspectors shall assess the electronic fishing logbook and VMS data regarding all fishing activities inside the Regulatory Area sent by the vessel concerned to the NEAFC Secretariat for a period of one year prior to the planned landing. In the case of transhipment, the data of the donor vessels shall also be assessed.

3. For each year, each Member State shall carry out inspections of at least 5 % of landings or transhipments of fresh fish and at least 7,5 % of frozen fish in its ports subject to Article 25. The inspection of a fishing vessel landing or transhipping both fresh and frozen catches shall be counted against the benchmarks for both fresh and frozen fish.

4. Member States shall ensure that inspections shall be conducted in a fair, transparent and non-discriminatory manner and shall not constitute harassment of operators of any fishing vessel.

5. Member States shall ensure within the inspection procedures that the inspectors shall:

(a) carry and present an appropriate identity document to the master of the fishing vessel at the earliest opportunity during an inspection;

(b) examine all relevant areas of the vessel in order to verify compliance with the relevant conservation and management measures;

(c) make all possible efforts to avoid delaying a vessel unduly, to ensure that the vessel suffers the minimum interference and inconvenience and to avoid the degradation of the quality of the fish;

(d) not interfere with the master’s ability to communicate with the authorities of the flag State;

(e) verify that the vessel identification documentation on board and information relating to the owner of the vessel is true, complete and correct, including through appropriate contacts with the flag State or international records of vessels if necessary;

(f) verify that the vessel’s flag and markings, including name, external registration number, IMO number, international radio call sign and other markings, and main dimensions, are consistent with the information contained in the documentation;

(g) verify that the authorisations for fishing and fishing-related activities are true, complete, correct and consistent with the information provided in accordance with Article 28;

(h) review all other relevant documentation and records held on board, including those in electronic format, and VMS data from the flag State or relevant regional fisheries management organisations; relevant documentation may include logbooks, catch, transhipment and trade documents, crew lists, stowage plans and drawings, descriptions of fish holds, and documents required pursuant to the Convention on International Trade in Endangered Species of Wild Fauna and Flora ;

(i) examine all relevant fishing gear on board, including any gear stowed out of sight as well as related devices, and verify that they are in conformity with the conditions of the authorisations; the fishing gear shall also be checked to ensure that features such as the mesh and twine size, devices and attachments, dimensions and configuration of nets, pots, dredges, hook sizes and numbers are in conformity with applicable regulations and that the markings correspond to those authorised for the vessel;

(j) determine whether the fish on board were harvested in accordance with the applicable authorisations;

(k) monitor the entire discharge or transhipment and cross-check between the quantities by species recorded in the prior notice of landing and the quantities by species landed or transhipped;

(l) examine the fish, including by sampling, to determine their quantity and composition; in doing so, inspectors may open containers where the fish have been pre-packed and move the catch or containers to ascertain the integrity of fish holds; such examination may include inspections of product type and determination of nominal weight;

(m) when the landing or transhipment is completed, verify and note the quantities by species of fish remaining on board;

(n) evaluate whether there is clear evidence for believing that a vessel has engaged in illegal, unreported or unregulated fishing or fishing-related activities in support of such fishing;

(o) provide the master of the vessel with the report containing the result of the inspection, including possible measures that could be taken, to be signed by the inspector and the master; the master’s signature on the report shall serve only as acknowledgment of the receipt of a copy of the report; the master shall be given the opportunity to add any comments or objection to the report, and, where appropriate, to contact the relevant authorities of the flag State, in particular where the master has serious difficulties in understanding the content of the report; and (p) arrange, where necessary and possible, for the translation of relevant documentation.

6. Member States shall facilitate communication with the master or senior crew members of the vessel, including, where possible and where needed, by ensuring that the inspector is accompanied by an interpreter.

7. This Article shall apply in addition to the rules on inspection procedures set out in Article 10 of Regulation (EC) No 1005/2008.