COMMISSION IMPLEMENTING REGULATION (EU) 2020/269

of 26 February 2020

amending Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing (Part B – Vessels listed in Article 30 of Regulation (EC) No 1005/2008)

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), and 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’) as well as procedures for establishing a Union list of such vessels (‘the Union list’). Article 37 of that Regulation provides for actions to be taken against fishing vessels included in that list.

(2) The Union list was established by Commission Regulation (EU) No 468/2010 (2) and subsequently amended by Commission Implementing Regulations (EU) No 724/2011 (3), (EU) No 1234/2012 (4), (EU) No 672/2013 (5), (EU) No 137/2014 (6), (EU) 2015/1296 (7), (EU) 2016/1852 (8), (EU) 2017/2178 (9) and (EU) 2018/1883 (10).

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

(4) All regional fishery management organisations provide for the establishment and regular up-date of IUU vessel lists in accordance with their respective rules (11).

(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 IUU fishing, the Commission is to update the Union list. Since the Commission has received new lists from the regional fisheries management organisations, the Union list should now be updated.

(6) 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 relevant regional fisheries management organisations.

(7) The vessels ‘Benaiah’, ‘Beo Hingis’, ‘Carmal Matha’, ‘Dignamol 1’, ‘Ephraeem’, ‘King Jesus’, ‘Sacred Heart’, ‘Shalom’, ‘Vachanam’ and ‘Wisdom’ (12), which are currently included in the Union list, have been removed from the list established by the Indian Ocean Tuna Commission (‘IOTC’), in line with Resolution 18/03 of that regional fisheries management organisation. As the decision was taken by the relevant regional fisheries management organisation under the terms of Article 30(1) of Regulation (EC) No 1005/2008, these vessels should accordingly be removed from the Union list, despite the fact that they have not yet been deleted from the list established by the International Commission for the Conservation of Atlantic Tunas (‘ICCAT’).

(8) The vessel ‘Nefelin’ (13) has been removed from the list established by the General Fisheries Commission for the Mediterranean (‘GFCM’), in line with Recommendation GFCM/33/209/8 of that regional fisheries management organisation. This vessel should thus not be included in the Union list despite the fact that it has not yet been deleted from the list established by the Southern Indian Ocean Fisheries Agreement (‘SIOFA’).

(9) The vessel referred to in recital 8 was not included in the Union list amended by Implementing Regulation (EU) 2018/1883 as the list of fishing vessels presumed or confirmed to be involved in IUU fishing adopted by the relevant regional fisheries management organisation was received by the Commission after adoption of that Regulation.

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

(11) 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, 26 February 2020. For the Commission The President Ursula VON DER LEYEN

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

(2) Commission Regulation (EU) No 468/2010 of 28 May 2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing (OJ L 131, 29.5.2010, p. 22).

(3) Commission Implementing Regulation (EU) (EU) No 724/2011 of 25 July 2011 amending Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing (OJ L 194, 26.7.2011, p. 14).

(4) 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 (OJ L 350, 20.12.2012, p. 38).

(5) Commission Implementing Regulation (EU)_No 672/2013 of 15 July 2013 amending Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing (OJ L 193, 16.7.2013, p. 6.)

(6) Commission Implementing Regulation (EU) No 137/2014 of 12 February 2014 amending Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing (OJ L 43, 13.2.2014, p. 47.)

(7) Commission Implementing Regulation (EU) 2015/1296 of 28 July 2015 amending Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing (OJ L 199, 29.7.2015, p. 12.)

(8) Commission Implementing Regulation (EU) 2016/1852 of 19 October 2016 amending Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing (OJ L 284, 20.10.2016, p. 5).

(9) Commission Implementing Regulation (EU) 2017/2178 of 22 November 2017 amending Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing (OJ L 307, 23.11.2017, p. 14.)

(10) Commission Implementing Regulation (EU) 2018/1883 of 3 December 2018 amending Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing (OJ L 308, 4.12.2018, p. 30.)

(11) Last updates: CCAMLR: NCP-IUU Vessel List adopted at the 38th annual meeting, 21 October-1 November 2019; GFCM: IUU list adopted at the 42nd session of GFCM, 22 October-26 October 2018; IATTC: 2019 list adopted at the 94th meeting of IATTC, 26 July 2019; ICCAT: 2018 IUU list adopted at the 21st special meeting of the Commission, 12 November-19 November 2018; IOTC: IOTC IUU vessels list 2019, approved at the 23rd session of the IOTC, 17 June-21 June 2019; NAFO: NAFO IUU List adopted at the 41st annual meeting of NAFO, 23 September-27 September 2019; NEAFC: IUU B list AM 2018-14 as adopted at 37th annual meeting of NEAFC, 13 November-16 November 2018; NPFC: NPFC IUU List adopted at the 5th Commission meeting, 16 July-18 July 2019; SEAFO: SEAFO 2019 IUU Vessel list adopted at the 15th annual meeting of the Commission, 26 November-30 November 2018; SIOFA: SIOFA IUU Vessel List adopted at the 6th Meeting of the Parties, 1 July-5 July 2019; SPRFMO: 2019 IUU vessel list adopted at the 7th Commission meeting, 23 January-27 January 2019; WCPFC: WCPFC IUU vessel list for 2019 adopted at the 15th regular session of the Commission, 9 December-14 December 2018.

(12) RFMO references: 20170003 [ICCAT], 20170004 [ICCAT], 20170005 [ICCAT], 20170006 [ICCAT], 20170007 [ICCAT], 20170008 [ICCAT], 20170009 [ICCAT], 20170010 [ICCAT], 20170011 [ICCAT] and 20170012 [ICCAT].

(13) IMO ship identification number: 7645237.