Notice of information on the termination of the demarches with a third country notified on 1 October 2015 of the possibility of being identified as a non-cooperating third country pursuant to Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing

(2019/C 221/02)

The European Commission (the Commission) has terminated the demarches initiated with Taiwan (1) on 1 October 2015 with the Commission Decision 2015/C 324/10 (2) on notifying Taiwan of the possibility of being identified as a non-cooperating third country (3) in fighting illegal, unreported and unregulated fishing pursuant to Council Regulation (EC) No 1005/2008 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 (4) (the IUU Regulation).

1. Legal framework

Pursuant to Article 32 of the IUU Regulation, the Commission should notify third countries of the possibility of their being identified as non-cooperating countries. Such notification is of a preliminary nature and is based on the criteria laid down in Article 31 of the IUU Regulation.

The Commission should take all the demarches set out in Article 32 with respect to those countries. In particular, the Commission should include in the notification the essential facts and considerations underlying such identification, provide those countries the opportunity to respond and to provide evidence refuting the identification or, where appropriate, a plan of action to improve and rectify the situation.

The Commission should give to the third countries concerned adequate time to answer the notification and reasonable time to remedy the situation.

2. Procedure

On 1 October 2015, the European Commission notified Taiwan of the possibility of being identified as a non-cooperating third country in fighting illegal, unreported and unregulated (IUU) fishing.

The Commission highlighted that in order to avoid identification as a non-cooperating country in fighting IUU fishing, Taiwan was invited to cooperate with the Commission on the basis of a proposed action plan to rectify the shortcomings identified.

The Commission opened a process of dialogue with Taiwan. This country submitted oral and written comments that were considered and taken into account by the Commission. The Commission continued to seek and verify all information it deemed necessary.

The Commission concludes that Taiwan has introduced the necessary measures for the cessation and the prevention of the IUU fishing activities that led to the notification of the possibility of being identified as a non-cooperating country in fighting IUU fishing.

3. Conclusion

In the given circumstances and after examining the abovementioned considerations, the Commission hereby terminates the demarches initiated vis-à-vis Taiwan pursuant to the provisions of Article 32 of the IUU Regulation, with respect to the discharge of the duties incumbent upon it under international law as flag, port, coastal or market State and its actions to prevent, deter and eliminate IUU fishing. The relevant competent authorities have been officially informed by the Commission.

The abovementioned termination of demarches does not preclude the Commission or the Council from taking any subsequent step in the future, if factual elements reveal that the country fails to discharge the duties incumbent upon it under international law and thus to take action to prevent, deter and eliminate IUU fishing.

(1) The separate customs territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei).

(2) Commission Decision of 1 October 2015 on notifying a third country of the possibility of being identified as a non-cooperating third country in fighting illegal, unreported and unregulated fishing (OJ C 324, 2.10.2015, p. 17).

(3) The terms ‘State’ and ‘country’ with respect to the fishing entity Taiwan are used in the context of the IUU Regulation only.

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