EN Official Journal of the European Union L 350/38

COMMISSION IMPLEMENTING REGULATION (EU) No 1234/2012

of 19 December 2012

amending Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (1), in particular Article 30 thereof,

Whereas:

(1) Chapter V of Regulation (EC) No 1005/2008 lays down procedures for the identification of fishing vessels engaged in illegal, unreported and unregulated fishing (IUU fishing vessels) as well as procedures for establishing a Union list of such vessels. Article 37 of that Regulation provides for actions to be taken against fishing vessels included in that list.

(2) The first Union list of IUU fishing vessels was established by Commission Regulation (EU) No 468/2010 (2) and subsequently amended by Commission Implementing Regulation (EU) No 724/2011 (3).

(3) According to Article 30(1) of Regulation (EC) No 1005/2008, the Union list should comprise fishing vessels included in the IUU vessel lists adopted by regional fisheries management organisations.

(4) All regional fishery management organisations adopted the principle of publishing an IUU vessel list and update their respective list at their annual meetings (4).

(5) According to Article 30 of Regulation (EC) No 1005/2008, upon the receipt from regional fisheries management organisations of the lists of fishing vessels presumed or confirmed to be involved in the IUU fishing, the Commission shall update the Union list.

(6) The Commission has received the updated lists from the annual meetings of the regional fisheries management organisations.

(7) Considering that the same vessel might be listed under different names and/or flags depending on the time of its inclusion on the regional fisheries management organisations lists, the updated Union list should include the different names and/or flags as established by the respective regional fisheries management organisations.

(8) Regulation (EU) No 468/2010 should therefore be amended accordingly.

(9) The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

Article 1

Part B of the Annex to Regulation (EU) No 468/2010 is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 19 December 2012. For the Commission The President José Manuel BARROSO

(1) OJ L 286, 29.10.2008, p. 1.

(2) OJ L 131, 29.5.2010, p. 22.

(3) OJ L 194, 26.7.2011, p. 14.

(4) Last updates: CCAMLR: 2011 IUU list as adopted at annual meeting CCAMLR-XXX 24 October- 4 November 2011; SEAFO: SEAFO includes in its IUU list CCAMLR, NEAFC-B and NAFO lists; ICCAT: 2012 IUU List as adopted at annual meeting in November 2011 (Recommendation 11-18); IATTC: 2012 list as adopted in 83rd meeting of IATTC in June 2012; NEAFC: IUU B list AM 2011-18 as adopted at 30th annual meeting November 2011; NAFO: 2012 list as adopted at 33rd annual meeting 19-23 September 2011; WCPFC: WCPFC IUU vessel list for 2012 as at 30 March 2012 (effective from 30 May 2012).