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1. Where inspectors report an infringement by a fishing vessel relating to any fishing activity and contrary to the conservation and management measures adopted by NEAFC, they shall:

(a) record the infringement in the report referred to in Article 22(3), Article 23(11) or Article 33(1);

(b) record the evidence deemed necessary relating to the infringement;

(c) take all necessary measures to ensure security and continuity of the evidence for subsequent dockside inspection; an identification mark may be affixed securely to any part of the fishing gear which appears to the inspector to be or to have been in contravention of applicable measures; and (d) attempt immediately to communicate with the inspecting Member State authorities and EFCA.

2. The inspecting Member State, or EFCA if the inspection or surveillance is carried out by it, shall communicate in writing and by electronic means the details of the infringement to the designated authority of the flag State of the inspected vessel and to the Commission and EFCA, where possible, within the first working day following the start of the inspection. Where appropriate, the inspecting Member State or EFCA shall also communicate the findings to the Contracting Party in whose waters the infringement took place and to the State of which the vessel’s master is a national.

3. The inspecting Member State or EFCA shall send without delay the original of the surveillance or inspection report with any supporting documents to the competent authorities of the flag State of the inspected fishing vessel, with copy to the NEAFC Secretariat, the Commission and EFCA.

4. Where infringement of NEAFC rules is recorded in the report referred to in Article 33(1), the inspecting Member State shall either take appropriate enforcement measures or notify, by email, the designated authorities of the flag Member State or flag Contracting Party of the inspected fishing vessel about the intention to transfer the proceedings. That procedure shall be without prejudice to the jurisdiction of the inspecting Member State, flag Member State or flag Contracting Party to enforce their own law and to the jurisdiction of the flag State regarding fishing activities within the Regulatory Area.