ECJ (Judgment) 1. Article 2 of Regulation No 1382/87, establishing detailed rules concerning the inspection of fishing vessels, must be interpreted as meaning that every inspection vessel, regardless of type or dimensions, must display the identification symbol or pennant described in Annex I to that regulation.
Only if a vessel flies a distinctive symbol of that kind, so that it is visible, can the skipper of a fishing vessel identify it as an inspection vessel and comply with orders given by it, without any other form of warning, in accordance with Article 3(1) of the Regulation. That finding is not affected by the fact that the boat undertaking the inspection belongs to the main vessel but is, for the time being, operating independently.
2. The obligation to comply with the orders of a representative of the competent authority of a Member State, under Article 3 of Regulation No 1382/87, which lays down detailed rules concerning the inspection of fishing vessels, presupposes that the skipper of the vessel to be inspected is aware of the status of that representative. In the absence of the symbol or pennant required by Article 2 of the Regulation, the skipper is presumed to be unaware of that status, unless the authorities taking action concerning the infringement prove otherwise.
Citations:
C-276/94, [1996] EUECJ C-276/94
Links:
European
Updated: 03 June 2022; Ref: scu.161442