EN Official Journal of the European Union L 284/5

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

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 Implementing Regulations (EU) No 724/2011 (3), (EU) No 1234/2012 (4), (EU) No 672/2013 (5), (EU) No 137/2014 (6), and (EU) 2015/1296 (7).

(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 (8).

(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 illegal, unreported and unregulated 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) Regulation (EU) No 468/2010 should therefore be amended accordingly.

(8) 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 October 2016. For the Commission The President Jean-Claude JUNCKER

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

(5) OJ L 193, 16.7.2013, p. 6.

(6) OJ L 43, 13.2.2014, p. 47.

(7) OJ L 199, 29.7.2015, p. 12.

(8) Last updates: CCAMLR: 2015/2016 IUU list as adopted at annual meeting CCAMLR- XXXIV, 19 October-30 October 2015; SEAFO: SEAFO IUU vessel list as adopted at 12th annual meeting of the Commission, 30 November-3 December 2015; ICCAT: 2015 IUU list as adopted at 24th regular meeting of the Commission, 10 November-17 November 2015; IATTC: 2015 list as adopted at 89th meeting of IATTC, 29 June-3 July 2015; NEAFC: IUU B list AM 2015-07 as adopted at 34th annual meeting, 9 November-13 November 2015; NAFO: 2015 list as adopted at 37th annual meeting, 21 September-25 September 2015; WCPFC: WCPFC IUU vessel list for 2016, effective from 7 February 2016 as adopted at 20th regular session of the Commission, 3 December-8 December 2015; IOTC: IOTC IUU vessels list, approved at 20th session of the IOTC, 23 May-27 May 2016; GFCM: 2016 IUU list as adopted at 40th session, 30 May-3 June 2016; SPRFMO: 2016 IUU vessel list as adopted at 4th Commission meeting, 25-29 January 2016.