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
Date: 2008-07-29
Institutions: Council of the European Union
Subjects: common fisheries policy, conservation of fish stocks, exchange of information, fishing controls, fishing vessel, fraud, third country

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I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

After consulting the Committee of the Regions,

Whereas:

(1)

The Community is a Contracting Party to the United
Nations Convention on the Law of the Sea of 10 December
1982 (Unclos), has ratified the United Nations Agreement
for the Implementation of the Provisions of the United
Nations Convention on the Law of the Sea of 10 December
1982 relating to the Conservation and Management of
Straddling Fish Stocks and Highly Migratory Fish Stocks of
4 August 1995 (UN Fish Stocks Agreement) and has
accepted the Agreement
to Promote Compliance with
International Conservation and Management Measures by
Fishing Vessels on the High Seas of 24 November 1993 of
the United
the Food and Agriculture Organization of
Nations (FAO Compliance Agreement). Those provisions
predominantly set out the principle that all States have a
duty to adopt appropriate measures to ensure sustainable
management of marine resources and to cooperate with
each other to this end.

(1) Opinion delivered on 23 May 2008 (not yet published in the Official

Journal).

(2)

(3)

(4)

The objective of the common fisheries policy, as set out in
Council Regulation (EC) No 2371/2002 of 20 December
2002 on the conservation and sustainable exploitation of
fisheries resources under the common fisheries policy (3), is
living aquatic resources that
to ensure exploitation of
provides sustainable economic, environmental and social
conditions.

threats

serious

the most

Illegal, unreported and unregulated (IUU) fishing constitutes
one of
to the sustainable
exploitation of
living aquatic resources and jeopardises
the very foundation of the common fisheries policy and
international efforts to promote better ocean governance.
IUU fishing also represents a major threat
to marine
biodiversity which needs to be addressed in accordance
with the objectives set out in the Communication from the
Commission — Halting the loss of biodiversity by 2010 —
and beyond.

The FAO adopted in 2001 an international plan of action to
prevent, deter and eliminate illegal, unreported and
unregulated fishing, which the Community has endorsed.
Furthermore, regional fisheries management organisations,
with the active support of the Community, have established
an array of measures designed to counteract
illegal,
unreported and unregulated fishing.

(5)

In line with its international commitments, and given the
scale and urgency of the problem, the Community should
substantially enhance its action against IUU fishing and
adopt new regulatory measures designed to cover all facets
of the phenomenon.

(2) Opinion delivered on 29 May 2008 (not yet published in the Official
Journal). Opinion delivered following non-compulsory consultation.

(3) OJ L 358, 31.12.2002, p. 59.

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(6)

(7)

(8)

The action by the Community should be targeted primarily
at behaviour falling under the definition of IUU fishing and
which causes the most serious damage to the marine
environment,
fish stocks and the
socioeconomic situation of fishermen abiding by the rules
on conservation and management of fisheries resources.

the sustainability of

authorise transhipment operations only if they occur within
the designated ports of Member States, in ports of third
countries between Community fishing vessels, or outside
Community waters between Community fishing vessels
and fishing vessels registered as carrier vessels under the
auspices of a regional fisheries management organisation.

In line with the definition of IUU fishing, the scope of this
Regulation should extend to fishing activities carried out on
the high seas and in maritime waters under the jurisdiction
or sovereignty of coastal countries,
including maritime
waters under the jurisdiction or sovereignty of the Member
States.

(12)

It is appropriate to lay down the conditions, procedure and
frequency according to which checking,
inspection and
verification activities shall be carried out by Member States,
on the basis of risk management.

In order to properly address the internal dimension of IUU
fishing, it is vital for the Community to adopt the necessary
measures to improve compliance with the rules of the
common fisheries policy. Pending the revision of Council
Regulation (EEC) No 2847/93 of 12 October 1993
establishing a control system applicable to the common
fisheries policy (1) provisions to this end should be inserted
in this Regulation.

(13) Trade with the Community in fishery products stemming
from IUU fishing should be prohibited. In order to make
this prohibition effective and ensure that all traded fishery
products imported into or exported from the Community
have been harvested in compliance with international
conservation and management measures and, where
appropriate, other relevant rules applying to the fishing
vessel concerned, a certification scheme applying to all
trade in fishery products with the Community shall be put
in place.

(9) Community rules, and in particular Title II of Regulation
(EEC) No 2847/93, provide for a comprehensive system
designed to monitor the legality of catches from Commu-
nity fishing vessels. The current system applying to fishery
products caught by third country fishing vessels and
imported into the Community does not ensure an
equivalent level of control. This weakness constitutes an
important incentive for foreign operators carrying out IUU
fishing to trade their products in the Community and
increase the profitability of their activities. As the world's
largest market for, and importer of fishery products, the
Community has a specific responsibility in making sure that
fishery products imported into its territory do not originate
from IUU fishing. A new regime should therefore be
introduced to ensure a proper control of the supply chain
for fishery products imported into the Community.

(10) Community rules governing access to Community ports of
fishing vessels flying the flag of a third country should be
strengthened with a view to ensuring a proper control over
the legality of the fishery products landed by fishing vessels
flying the flag of a third country. This should notably imply
that access to Community ports is only authorised for
fishing vessels flying the flag of a third country which are
able to provide accurate information on the legality of their
catches and to have this information validated by their flag
State.

(14) The Community should take into account the capacity
constraints of developing countries for the implementation
of the certification scheme.

(15)

(16)

the import of

It is appropriate that, under this scheme, a certificate be
fishery
required as a precondition for
products into the Community. That certificate should
contain information demonstrating the legality of
the
products concerned. It should be validated by the flag State
of the fishing vessels which caught the fish concerned, in
line with its duty under international law to ensure that
fishing vessels flying its flag comply with international
rules on conservation and management of
fisheries
resources.

It is essential that this certification scheme apply to all
imports of marine fishery products into the Community
and exports from the Community. This scheme should also
apply to fishery products which have been transported or
processed in a country other than the flag State before
reaching the territory of the Community. Specific require-
ments
to those
products, in order to guarantee that the products arriving
into the territory of the Community are not different from
those the legality of which has been validated by the flag
State.

should therefore apply with respect

(11) Transhipments at sea escape any proper control by flag or
coastal States and constitute a usual way for operators
carrying out IUU fishing to dissimulate the illegal nature of
their catches. It is therefore justified for the Community to

(1) OJ L 261, 20.10.1993, p. 1.

(17)

It is important to ensure an equal level of control for all
imported fishery products, without prejudice to the volume
or frequency of trade, by introducing specific procedures
for granting the status of approved economic operator.

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(18) The exportation of catches from fishing vessels flying the
flag of a Member State should also be subject to the
certification scheme under the framework of cooperation
with third countries.

the
No 2847/93 in response to such IUU fishing,
Commission should place those vessels on the Community
IUU vessel list.

(19) Member States into which the products are intended to be
imported should be able to check the validity of the catch
certificates accompanying the consignment and be entitled
to refuse the importation where the conditions laid down in
this Regulation with respect to the catch certificate are not
met.

(27) With a view to remedying the absence of effective action by
flag States towards fishing vessels flying their flags and
placed on the Community IUU vessel list, and to restrict the
continuation of fishing activities by those vessels, Member
States should apply appropriate measures against those
vessels.

(20)

(21)

(22)

It is important that checking, inspection and verification
activities pertaining to fishery products in transit or
transhipment be carried out primarily by the Member
States of
to improve their
efficiency.

final destination in order

In order to assist control authorities within Member States
in their tasks of monitoring the legality of fishery products
traded with the Community, as well as to warn Community
operators, a Community alert system should be established,
designed to spread information, where appropriate, about
well-founded doubts as to compliance by certain third
countries with applicable conservation and management
rules.

that

is essential

It
the Community adopt dissuasive
measures against fishing vessels carrying out IUU fishing
and which are not subject to appropriate action by their
flag State in response to such IUU fishing.

(23) To this end, the Commission, in collaboration with Member
States,
third
the Community Fisheries Control Agency,
States and other bodies, should identify fishing vessels
suspected of carrying out IUU fishing, on the basis of risk
management, and the Commission should seek informa-
tion from the competent flag State as to the accuracy of the
findings.

(24)

In order to facilitate enquiries pertaining to fishing vessels
presumed to have carried out IUU fishing and prevent the
continuation of
those fishing
vessels should be subject to specific control and inspection
requirements by Member States.

the alleged infringement,

(25) When, on the basis of the information obtained, there are
sufficient grounds to consider that fishing vessels flying the
flag of a third country have been engaged in IUU fishing
and that the competent flag States have not taken effective
action in response to such IUU fishing, the Commission
should place those vessels on the Community IUU vessel
list.

(26) When, on the basis of the information obtained, there are
sufficient grounds to consider that Community fishing
vessels have been engaged in IUU fishing and that the
competent flag Member States have not taken effective
action pursuant to this Regulation and to Regulation (EEC)

(28) To safeguard the rights of the fishing vessels placed on the
Community IUU vessel
list and of their flag States, the
procedure for the listing should give the flag State the
opportunity to inform the Commission of the measures
taken and, where possible, give the owner or operators
concerned the possibility of being heard at each stage of the
procedure and allow for the delisting of a fishing vessel
when the criteria for its listing are no longer met.

(29)

In order to provide for a single framework within the
Community and to avoid proliferation of lists pertaining to
fishing vessels involved in IUU fishing,
fishing vessels
included in the IUU lists adopted by regional fisheries
be
management
included in the corresponding list drawn up by the
Commission.

automatically

organisations

should

(30) The failure by some States to discharge the duty incumbent
on them under international law as flag, port, coastal or
market States,
to take appropriate measures to ensure
compliance by their fishing vessels or nationals with rules
on the conservation and management of fisheries resources
is one of the main drivers of IUU fishing and should be
addressed by the Community.

levels,

(31) To this end, in addition to its action at international and
regional
the Community should be entitled to
identify those non-cooperating States, on the basis of
transparent, clear and objective criteria relying on inter-
national standards, and, after giving them adequate time
and to respond to a prior notification, adopt non-
discriminatory, legitimate and proportionate measures with
respect to those States, including trade measures.

(32)

(33)

It is for the Council to adopt trade measures in respect of
other States. As the establishment of a list of non-
cooperating States should entail trade counter-measures in
respect of the States concerned, it is appropriate that the
Council reserve itself the right to exercise implementing
powers directly in this specific case.

It is essential that nationals of Member States be effectively
deterred from engaging in or supporting IUU fishing by
fishing vessels flying the flag of third countries and active
outside the Community, without prejudice to the primacy
of the responsibility of the flag State. Member States should
therefore put in place the necessary measures and cooperate

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between themselves and with third countries to identify
their nationals carrying out IUU fishing, make sure that
they are adequately sanctioned and verify the activities of
their nationals involved with third country fishing vessels,
outside the Community.

laid down in this Regulation can be applied. A system for
mutual assistance should be established to enhance such
cooperation.

level of

in the non-deterrent

(34) The persistence of a high number of serious infringements
against the rules of the common fisheries policy within
Community waters or by Community operators lies to a
large extent
sanctions
prescribed within Member States' legislation in relation to
serious infringements to those rules. This weakness is
compounded by the wide variety of sanctions levels across
Member States, which encourages illegal operators to
operate in maritime waters or the territory of the Member
States where these are the lowest. To address this weakness,
building upon the provisions set out in Regulations (EC)
No 2371/2002 and (EEC) No 2847/93 in this area, it is
appropriate to approximate within the Community the
maximum levels of administrative sanctions foreseen in
relation to serious infringements against common fisheries
policy rules, taking into account the value of the fishery
products obtained by committing the serious infringement,
their repetition and the value of the prejudice to the fishing
resources and the marine environment concerned, as well
immediate enforcement measures and
as
complementary measures.

to foresee

(35)

In addition to behaviour constitutive of a serious infringe-
ment against rules on fishing activities, the conduct of
business directly connected to IUU fishing, including the
trade in or the importation of fishery products stemming
from IUU fishing, or the falsification of documents, should
also be considered as serious infringements requiring the
adoption of harmonised maximum levels of administrative
sanctions by Member States.

(36) The sanctions for serious infringements of this Regulation
should also apply to legal persons as those infringements
are committed, to a large extent, in the interest of legal
persons or for their benefit.

(37) Provisions pertaining to sightings of fishing vessels at seas
adopted within certain regional
fisheries management
organisations should be implemented in a harmonised
manner within the Community.

(39)

In accordance with the principle of proportionality, it is
necessary and appropriate for the achievement of the basic
objective of eliminating IUU fishing to lay down rules on
the measures foreseen in this Regulation. This Regulation
does not go beyond what is necessary in order to achieve
the objectives pursued,
in accordance with the third
paragraph of Article 5 of the Treaty.

(40) The measures necessary for the implementation of this
Regulation should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (1).

for

the conservation of

(41) This Regulation identifies IUU fishing as a violation of
applicable laws, rules or regulations of particular gravity, as
it seriously undermines the attainment of the objectives of
the violated rules and jeopardises the sustainability of the
stocks concerned or
the marine
environment. Given its restricted scope, the implementa-
this Regulation must build upon, and be
tion of
complementary to that of Regulation (EEC) No 2847/93,
which establishes the basic framework for the control and
monitoring of fishing activities under the common fisheries
policy. Accordingly, this Regulation reinforces the rules of
Regulation (EEC) No 2847/93 in the area of port
inspections of
third country fishing vessels, which are
now repealed and replaced by the port inspection regime
established in Chapter II of this Regulation. In addition, this
Regulation provides for a regime of sanctions in Chapter IX
that applies specifically to IUU fishing activities. The
provisions of Regulation (EEC) No 2847/93 relating to
sanctions remain thus applicable to violations of the rules
of the common fisheries policy other than those addressed
by this Regulation.

(42) The protection of individuals with regard to the processing
of personal data is governed by Regulation (EC) No 45/
2001 of the European Parliament and of the Council of
18 December 2000 on the protection of individuals with
regard to the processing of personal data by the
Community institutions and bodies and on the free
movement of such data (2), which is fully applicable to
the processing of personal data for the purposes of this
in particular as regards the rights of data
Regulation,
subjects to access, rectification, blocking and erasure of data
and notification to third parties, which have not
in
consequence been further particularised in this Regulation.

(38) Cooperation between Member States, the Commission, and
with third countries is essential to ensure that IUU fishing is
properly investigated and sanctioned and that the measures

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 8, 12.1.2001, p. 1.

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(43) The entry into force of provisions of this Regulation on
matters covered by Council Regulations (EEC) No 2847/93,
(EC) No 1093/94 (1),
(EC)
No 1936/2001 (3) and (EC) No 601/2004 (4) should result
in the repeal of parts or the entirety of those Regulations,

(EC) No 1447/1999 (2),

HAS ADOPTED THIS REGULATION:

(b)

conducted by fishing vessels flying the flag of States
that are contracting parties to a relevant regional
fisheries management organisation, but which operate
in contravention of the conservation and manage-
ment measures adopted by that organisation and by
relevant
which those States are bound, or of
provisions of the applicable international law; or

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

1. This Regulation establishes a Community system to prevent,
deter and eliminate illegal, unreported and unregulated (IUU)
fishing.

2.
For the purposes of paragraph 1, each Member State shall
take appropriate measures, in accordance with Community law,
to ensure the effectiveness of that system. It shall place sufficient
means at the disposal of its competent authorities to enable them
to perform their tasks as laid down in this Regulation.

3. The system laid down in paragraph 1 shall apply to all IUU
fishing and associated activities carried out within the territory of
Member States to which the Treaty applies, within Community
waters, within maritime waters under
the jurisdiction or
sovereignty of third countries and on the high seas. IUU fishing
within maritime waters of the overseas territories and countries
referred to in Annex II of the Treaty shall be treated as taking
place within maritime waters of third countries.

Article 2

Definitions

For the purposes of this Regulation:

1.

‘illegal, unreported and unregulated fishing’ or ‘IUU fishing’
means fishing activities which are illegal, unreported or
unregulated;

2.

‘illegal fishing’ means fishing activities:

(a)

conducted by national or foreign fishing vessels in
maritime waters under the jurisdiction of a State,
without the permission of that State, or in contra-
vention of its laws and regulations;

(1) Council Regulation (EC) No 1093/94 of 6 May 1994 setting the
terms under which fishing vessels of a third country may land
directly and market their catches at Community ports (OJ L 121,
12.5.1994, p. 3).

(2) Council Regulation (EC) No 1447/1999 of 24 June 1999 establish-
ing a list of types of behaviour which seriously infringe the rules of
the common fisheries policy (OJ L 167, 2.7.1999, p. 5).

(3) Council Regulation (EC) No 1936/2001 of 27 September 2001
laying down control measures applicable to fishing for certain stocks
of highly migratory fish (OJ L 263, 3.10.2001, p. 1).

(4) Council Regulation (EC) No 601/2004 of 22 March 2004 laying
down certain control measures applicable to fishing activities in the
area covered by the Convention on the conservation of Antarctic
marine living resources (OJ L 97, 1.4.2004, p. 16).

(c)

conducted by fishing vessels in violation of national
including those
laws or
international obligations,
undertaken by cooperating States
to a relevant
regional fisheries management organisation;

3.

‘unreported fishing’ means fishing activities:

(a) which have not been reported, or have been
misreported, to the relevant national authority,
in
contravention of national laws and regulations; or

(b) which have been undertaken in the area of compe-
tence of a relevant regional
fisheries management
organisation and have not been reported, or have been
misreported,
reporting
in contravention of
procedures of that organisation;

the

4.

‘unregulated fishing’ means fishing activities:

(a)

(b)

conducted in the area of application of a relevant
regional fisheries management organisation by fishing
vessels without nationality, by fishing vessels flying
the flag of a State not party to that organisation or by
in a manner that is not
any other fishing entity,
consistent with or contravenes the conservation and
management measures of that organisation; or

conducted in areas or for fish stocks in relation to
which there are no applicable conservation or
management measures by fishing vessels in a manner
that is not consistent with State responsibilities for the
resources under
living marine
conservation of
international law;

5.

‘fishing vessel’ means any vessel of any size used or
intended for use for the purposes of commercial exploita-
tion of
fish
processing vessels, vessels engaged in transhipment and
carrier vessels equipped for the transportation of fishery
products, except container vessels;

including support ships,

fishery resources,

6.

‘Community fishing vessel’ means a fishing vessel flying the
flag of a Member State and registered in the Community;

7.

8.

9.

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to engage in
‘fishing authorisation’ means entitlement
fishing activities during a specified period, in a given area or
for a given fishery;

the master of a Community or third country fishing vessel
of a fishing vessel that may fall under one or several of the
criteria referred to in Article 3(1);

‘fishery products’ mean any products which fall under
Chapter 03 and Tariff headings 1604 and 1605 of the
Combined Nomenclature established by Council Regulation
(EEC) No 2658/87 of 23 July 1987 on the tariff and
statistical nomenclature and on the Common Customs
Tariff (1), with the exception of
the products listed in
Annex I of this Regulation;

‘conservation and management measures’ mean measures
to conserve and manage one or more species of living
marine resources and that are adopted and in force in
accordance with the relevant rules of international and/or
Community law;

10.

‘transhipment’ means the unloading of all or any fishery
products on board a fishing vessel to another fishing vessel;

11.

‘importation’ means the introduction of fishery products
into the territory of
including for
transhipment purposes at ports in its territory;

the Community,

12.

‘indirect
importation’ means the importation from the
territory of a third country other than the flag State of the
fishing vessel responsible for the catch;

18.

‘joint fishing operation’ means any operation between two
or more fishing vessels where catch is transferred from the
fishing gear of one fishing vessel to another or where the
technique used by those fishing vessels requires one
common fishing gear;

19.

‘legal person’ means any legal entity having such status
under the applicable national law, with the exception of
States or public bodies in the exercise of State authority and
public organisations;

20.

21.

‘risk’ means the likelihood of an event that may occur, with
regard to fishery products imported into or exported from
the territory of the Community, which prevents the correct
application of this Regulation or of the conservation and
management measures;

‘risk management’ means the systematic identification of
risk and the implementation of all measures necessary for
limiting exposure to risk. This includes activities such as
collecting data and information, analysing and assessing
risk, prescribing and taking action, and regular monitoring
and review of the process and its outcomes, based on
international, Community or national sources or strategies;

13.

‘exportation’ means any movement to a third country of
fishery products harvested by fishing vessels flying the flag
including from the territory of the
of a Member State,
Community, from third countries or from fishing grounds;

22.

‘high seas’ means all the part of the sea as defined in
Article 86 of the United Nations Convention of the Law of
the Sea (Unclos);

14.

‘re-exportation’ means any movement from the territory of
fishery products which had been
the Community of
previously imported into the territory of the Community;

23.

‘consignment’ means products which are either
sent
simultaneously from one exporter to one consignee or
covered by a single transport document covering their
shipment from the exporter to the consignee.

15.

16.

fisheries management organisation’ means a
‘regional
regional or a similar organisation with
subregional,
competence, as recognised under international
to
establish conservation and management measures for living
marine resources placed under its responsibility by virtue of
the convention or agreement by which it was established;

law,

‘contracting party’ means a contracting party to the
international convention or agreement establishing a
fisheries management organisation, as well as
regional
States, fishing entities or any other entities that cooperate
with such an organisation and have been granted
cooperating non-contracting party status with respect to
such an organisation;

Article 3

Fishing vessels engaged in IUU fishing

1. A fishing vessel shall be presumed to be engaged in IUU
fishing if it is shown that, contrary to the conservation and
management measures applicable in the fishing area concerned,
it has:

(a)

fished without a valid licence, authorisation or permit
issued by the flag State or the relevant coastal State; or

17.

‘sighting’ means any observation by a Member State's
competent authority responsible for inspection at sea, or by

(b)

(1) OJ L 256, 7.9.1987, p. 1.

not fulfilled its obligations to record and report catch or
catch-related data,
including data to be transmitted by
satellite vessel monitoring system, or prior notices under
Article 6; or

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(c)

fished in a closed area, during a closed season, without or
after attainment of a quota or beyond a closed depth; or

CHAPTER II

INSPECTIONS OF THIRD COUNTRY FISHING VESSELS IN
MEMBER STATES PORTS

(d)

engaged in directed fishing for a stock which is subject to a
moratorium or for which fishing is prohibited; or

SECTION 1

(e)

used prohibited or non-compliant fishing gear; or

Conditions for access to port by third country fishing vessels

(f)

falsified or concealed its markings, identity or registration;
or

(g)

concealed, tampered with or disposed of evidence relating
to an investigation; or

(h)

(i)

(j)

(k)

obstructed the work of officials in the exercise of their
duties in inspecting for compliance with the applicable
conservation and management measures; or the work of
observers in the exercise of
their duties of observing
compliance with the applicable Community rules; or

taken on board, transhipped or landed undersized fish in
contravention of the legislation in force; or

transhipped or participated in joint fishing operations with,
supported or re-supplied other fishing vessels identified as
having engaged in IUU fishing under this Regulation, in
particular those included in the Community IUU vessel list
or in the IUU vessel list of a regional fisheries management
organisation; or

fishing activities in the area of a regional
carried out
fisheries management organisation in a manner incon-
sistent with or in contravention of the conservation and
management measures of that organisation and is flagged
to a State not party to that organisation, or not cooperating
with that organisation as established by that organisation;
or

(l)

no nationality and is
accordance with international law.

therefore a stateless vessel,

in

2. The activities set out in paragraph 1 shall be considered as
serious infringements in accordance with Article 42 depending
on the gravity of the infringement in question which shall be
determined by the competent authority of the Member State,
taking into account the criteria such as the damage done, its
value, the extent of the infringement or its repetition.

Article 4

Inspection in port schemes

1. With a view to prevent, deter and eliminate IUU fishing, an
effective scheme of inspections in port for third country fishing
vessels calling at the ports of Member States shall be maintained.

2. Access to ports of Member States, the provision of port
services, and the conduct of landing or transhipment operations
in such ports shall be prohibited for third country fishing vessels
unless they meet the requirements laid down in this Regulation,
except in cases of force majeure or distress within the meaning of
Article 18 of the Unclos (force majeure or distress) for services
strictly necessary to remedy those situations.

3. Transhipments between third country fishing vessels or
between the latter and fishing vessels flying the flag of a Member
State shall be prohibited in Community waters and shall take
place only in port, in accordance with the provisions of this
Chapter.

4.
Fishing vessels flying the flag of a Member State shall not be
authorised to tranship at sea catches from third country fishing
vessels outside Community waters unless the fishing vessels are
registered as carrier vessels under the auspices of a regional
fisheries management organisation.

Article 5

Designated ports

1. Member States shall designate ports, or places close to the
shore, where landings or transhipment operations of fishery
products and port services referred to in Article 4(2) are
permitted.

2. Access to port services and the conduct of
landing or
transhipment operations by third country fishing vessels shall be
authorised only in designated ports.

3. Member States shall transmit to the Commission no later
than 15 January of each year a list of designated ports. Any
shall be notified to the
subsequent changes
Commission at least 15 days before the change takes effect.

to this

list

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4. The Commission shall, without delay, publish the list of
designated ports in the Official Journal of the European Union and
on its website.

fishing grounds, landing places and ports where the vessels in
question are registered or listed.

Article 6

Prior notice

4. This Article shall apply without prejudice to special
provisions set forth in fisheries agreements concluded between
the Community and third countries.

1. Masters of third country fishing vessels or their representa-
tives shall notify the competent authorities of the Member State
whose designated port or landing facilities they wish to use at
least three working days before the estimated time of arrival at
the port, of the following information:

(a)

vessel identification;

(b)

(c)

the designated port of destination and the
name of
purposes of the call, landing, transhipment or access to
services;

fishing authorisation or, where appropriate, authorisation
to support
to tranship fishery
products;

fishing operations or

(d)

dates of the fishing trip;

(e)

estimated date and time of arrival at port;

(f)

(g)

the quantities of each species retained on board or, where
appropriate, a negative report;

the zone or zones where the catch was made or where
transhipment took place, whether in Community waters, in
zones under the jurisdiction or sovereignty of a third
country or on the high seas;

(h)

the quantities for each species to be landed or transhipped.

Masters of third country fishing vessels or their representatives
shall be exempted from notifying information contained in
points (a), (c), (d), (g) and (h), where a catch certificate has been
validated in accordance with Chapter III for the full catch to be
landed or transhipped in the territory of the Community.

2. The notification set out in paragraph 1 shall be accompanied
by a catch certificate validated in accordance with Chapter III if
the third country fishing vessel carries on board fishery products.
The provisions laid down in Article 14 on the recognition of
catch documents or port State control forms which are part of
catch documentation or port State control schemes adopted by
regional fisheries management organisations shall apply mutatis
mutandis.

3. The Commission, in accordance with the procedure referred
to in Article 54(2), may exempt certain categories of third
country fishing vessels
from the obligation stipulated in
paragraph 1 for a limited and renewable period, or make
provision for another notification period taking into account,
inter alia, the type of fishery product, the distance between the

Article 7

Authorisation

1. Without prejudice to point 5 of Article 37, a third country
fishing vessel shall be granted authorisation to access the port
only if the information set out in Article 6(1) is complete and, if
the third country vessel carries on board fishery products, is
accompanied by the catch certificate referred to in Article 6(2).

2. Authorisation to commence landing or
transhipment
operations in port shall be subject to a check to determine the
completeness of the information submitted as prescribed in
paragraph 1 and, where appropriate, to an inspection carried out
in accordance with Section 2.

3. By way of derogation to paragraphs 1 and 2 of this Article
the port Member State may authorise port access and all or part
of a landing in cases where the information set out in Article 6(1)
is not complete or its check or verification is pending, but shall,
in such cases, keep the fishery products concerned in storage
under the control of the competent authorities. The fishery
products shall only be released to be sold,
taken over or
transported once the information set out in Article 6(1) has been
received or the checking or verification process is completed. If
this process is not completed within 14 days of the landing, the
port Member State may confiscate and dispose of the fishery
products in accordance with national rules. The cost of storage
shall be borne by the operators.

Article 8

Recording of landing or transhipment operations

1. Masters of third country fishing vessels or their representa-
tive shall submit to the authorities of the Member State whose
designated ports of landing or transhipment facilities they use, if
possible by electronic means prior to landing or transhipment
operations, a declaration indicating the quantity of
fishery
products by species to be landed or transhipped, and the date
and place of each catch. Masters and their representatives shall be
held responsible for the accuracy of such declarations.

2. Member States shall keep the originals of the declarations set
out
in paragraph 1, or a hard copy when transmitted
electronically, for a period of three years or longer in accordance
with national rules.

3.
Landing and transhipment declaration procedures and forms
shall be determined in accordance with the procedure referred to
in Article 54(2).

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4. Member States shall notify the Commission by computer
transmission before the end of the first month of each calendar
quarter of the quantities landed and/or transhipped by third
country fishing vessels in their ports during the previous quarter.

Officials shall indicate in the logbook that an inspection has been
made.

SECTION 2

Port inspections

Article 9

General principles

1. Member States shall carry out inspections in their designated
ports of at least 5 % of landing and transhipment operations by
third country fishing vessels each year, in accordance with the
benchmarks determined by the procedure referred to in
Article 54(2) on the basis of risk management, without prejudice
to the higher thresholds adopted by regional fisheries manage-
ment organisations.

2. The following fishing vessels shall be inspected in all cases:

(a)

fishing vessels sighted in accordance with Article 48;

(b)

fishing vessels reported in the framework of a notification
made under the Community alert system in accordance
with Chapter IV;

(c)

fishing vessels identified by the Commission as presumed to
have engaged in IUU fishing in accordance with Article 25;

(d)

fishing vessels appearing in a IUU vessel list adopted by a
regional
fisheries management organisation notified to
Member States in accordance with Article 30.

Article 10

Inspection procedure

1. Officials in charge of inspections (officials) shall be able to
examine all relevant areas, decks and rooms of the fishing vessel,
catches processed or not, nets or other gear, equipment and any
relevant documents which officials deem it necessary to verify in
compliance with applicable laws, regulations or international
management and conservation measures. Officials may also
question persons deemed to have information on the matter
subject to inspection.

Inspections shall

involve the monitoring of

2.
the entire
landing or transhipment operations and include a cross-check
between the quantities by species recorded in the prior notice of
landing and the quantities by species landed or transhipped.

3. Officials shall sign their inspection report in the presence of
the master of the fishing vessel, who shall have the right to add
or cause to be added any information that he considers relevant.

4. A copy of the inspection report shall be handed over to the
master of the fishing vessel, who may forward it to the owner.

5. The master shall cooperate with and assist in the inspections
of the fishing vessel and shall not obstruct, intimidate or interfere
with the officials in the performance of their duties.

Article 11

Procedure in the event of infringements

1.
If the information collected during the inspection provides
evidence to the official to believe that a fishing vessel has engaged
in IUU fishing in accordance with the criteria set out in Article 3,
the official shall:

(a)

record the suspected infringement in the inspection report;

(b)

take all necessary action to ensure safekeeping of
evidence pertaining to such suspected infringement;

the

(c)

immediately forward the inspection report to the compe-
tent authority.

If the results of the inspection provide evidence that a third
2.
country fishing vessel has engaged in IUU fishing in accordance
with the criteria set out in Article 3, the competent authority of
the port Member State shall not authorise such vessels to land or
tranship their catch.

to the Commission or

3. The inspecting Member State shall immediately notify its
decision not to authorise landing or transhipment operations
taken in accordance with paragraph 2, accompanied by a copy of
the inspection report,
to a body
designated by it, which shall
immediately transmit it to the
competent authority of the flag State of the inspected fishing
vessel with a copy to the flag State or States of donor vessels
where the inspected fishing vessel has engaged in transhipment
operations. Where appropriate, a copy of the notification shall
also be communicated to the Executive Secretary of the regional
fisheries management organisation in whose area of competence
the catch was made.

4. Where the suspected breach has taken place in the high seas,
the port Member State shall cooperate with the flag State in
carrying out an investigation into it and, where appropriate, shall
apply the sanctions provided for by the legislation of that port
Member State, under the condition that,
in accordance with
international law, that flag State has expressly agreed to transfer
its jurisdiction. In addition, where the suspected breach has taken
place in the maritime waters of a third country, the port Member

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State shall also cooperate with the coastal State in carrying out
an investigation into it and, where appropriate, shall apply the
sanctions provided for by the legislation of that port Member
State, under the condition that, in accordance with international
law,
that coastal State has expressly agreed to transfer its
jurisdiction.

shall be accepted as catch certificates in respect of the fishery
products from species to which such catch documentation
schemes apply and shall be subject to the check and verification
requirements incumbent upon the Member State of importation
in accordance with Articles 16 and 17 and to the provisions on
refusal of importation laid down in Article 18. The list of such
catch documentation schemes shall be determined in accordance
with the procedure referred to in Article 54(2).

CHAPTER III

CATCH CERTIFICATION SCHEME FOR IMPORTATION AND
EXPORTATION OF FISHERY PRODUCTS

2.
Paragraph 1 shall apply without prejudice to the specific
regulations in force whereby such catch documentation schemes
are implemented into Community law.

Article 12

Catch certificates

1. The importation into the Community of fishery products
obtained from IUU fishing shall be prohibited.

2. To ensure the effectiveness of the prohibition established in
paragraph 1, fishery products shall only be imported into the
Community when accompanied by a catch certificate in
conformity with this Regulation.

3. The catch certificate referred to in paragraph 2 shall be
validated by the flag State of the fishing vessel or fishing vessels
which made the catches from which the fishery products have
been obtained. It shall be used to certify that such catches have
been made in accordance with applicable laws, regulations and
international conservation and management measures.

4. The catch certificate shall contain all
the information
specified in the specimen shown in Annex II, and shall be
validated by a public authority of
the flag State with the
necessary powers to attest the accuracy of the information. In
agreement with flag States, within the framework of
the
cooperation set out in Article 20(4), the catch certificate may
be established, validated or submitted by electronic means or be
replaced by electronic traceability systems ensuring the same
level of control by authorities.

5. The list in Annex I of the products excluded from the scope
of implementation of the catch certificate may be reviewed each
year on the basis of the results of the information gathered under
Chapters II, III, IV, V, VIII, X and XII, and amended in accordance
with the procedure referred to in Article 54(2).

Article 14

Indirect importation of fishery products

1.
In order to import fishery products constituting one single
consignment, transported in the same form to the Community
from a third country other than the flag State, the importer shall
submit to the authorities of the Member States of importation:

(a)

the catch certificate(s) validated by the flag State; and

(b)

documented evidence that the fishery products did not
undergo operations other than unloading, reloading or any
operation designed to preserve them in good and genuine
the
condition, and remained under the surveillance of
competent authorities in that third country.

Documented evidence shall be provided by means of:

(i) where appropriate,

the single transport document
issued to cover the passage from the territory of the
flag State through that third country; or

(ii)

a document issued by the competent authorities of
that third country:

— giving an exact description of

the fishery
products, the dates of unloading and reloading
of the products and, where applicable, the names
of the ships, or the other means of transport
used, and

Article 13

— indicating the conditions under which the
fishery products remained in that third country.

Catch documentation schemes agreed and in force in the
framework of a regional fisheries management organisation

1. Catch documents, and any related documents, validated in
conformity with catch documentation schemes adopted by a
regional fisheries management organisation which are recognised
as complying with the requirements laid down in this Regulation,

Where the species concerned are subject to a regional
fisheries management organisation catch documentation
scheme which has been recognised under Article 13, the
documents referred to above may be replaced by the re-
export certificate of
that catch documentation scheme,
provided that the third country has fulfilled its notification
requirements accordingly.

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In order to import fishery products constituting one single
2.
consignment and which have been processed in a third country
other than the flag State, the importer shall submit to the
authorities of the Member State of importation a statement
established by the processing plant in that third country and
endorsed by its competent authorities in accordance with the
form in Annex IV:

(a)

(b)

giving an exact description of
processed products and their respective quantities;

the unprocessed and

indicating that the processed products have been processed
in that third country from catches accompanied by catch
certificate(s) validated by the flag State; and

(c)

accompanied by:

(i)

(ii)

the original catch certificate(s) where the totality of the
catches concerned has been used for the processing of
the fishery products exported in a single consignment;
or

catches

a copy of the original catch certificate(s), where part of
concerned has been used for
the
the
processing of
the fishery products exported in a
single consignment.

Where the species concerned are subject to a regional fisheries
management organisations catch documentation scheme which
has been recognised under Article 13, the statement may be
replaced by the re-export certificate of that catch documentation
scheme, provided that
the third country of processing has
fulfilled its notification requirements accordingly.

in para-
3. The documents and the statement
graphs (1)(b) and (2) of
this Article respectively may be
communicated by electronic means within the framework of
the cooperation laid down in Article 20(4).

set out

Article 15

Exportation of catches made by fishing vessels flying the
flag of a Member State

1. The exportation of catches made by fishing vessels flying the
flag of a Member State shall be subject to the validation of a
catch certificate by the competent authorities of the flag Member
State, as established in Article 12(4),
if required within the
framework of the cooperation laid down in Article 20(4).

Flag Member States shall notify to the Commission their
2.
competent authorities for the validation of the catch certificates
referred to in paragraph 1.

Article 16

Submission and checks of catch certificates

1. The validated catch certificate shall be submitted by the
importer to the competent authorities of the Member State in

which the product is intended to be imported at least three
working days before the estimated time of arrival at the place of
entry into the territory of the Community. The deadline of three
working days may be adapted according to the type of fishery
product, the distance to the place of entry into the territory of
the Community or the transport means used. Those competent
authorities shall, on the basis of risk management, check the
catch certificate in the light of the information provided in the
notification received from the flag State in accordance with
Articles 20 and 22.

2. By way of derogation to paragraph 1, importers who have
been granted the status of approved economic operator may
advise the competent authorities of the Member State of the
arrival of
the products within the deadline referred to in
paragraph 1 and keep the validated catch certificate and related
documents as referred to in Article 14 available to the authorities
for the purposes of checks in accordance with paragraph 1 of
this Article or verifications in accordance with Article 17.

3. The criteria for granting the status of approved economic
operator to an importer by the competent authorities of a
Member State shall include:

(a)

the establishment of the importer on the territory of that
Member State;

(b)

a sufficient number and volume of import operations to
justify the implementation of the procedure referred to in
paragraph 2;

(c)

an appropriate record of compliance with the requirements
of conservation and management measures;

(d)

a satisfactory system of managing commercial and, where
appropriate,
transport and processing records, which
enables the appropriate checks and verifications to be
carried out for the purposes of this Regulation;

(e)

the existence of facilities with regard to the conduct of
those checks and verifications;

(f) where appropriate, practical standards of competence or
professional qualifications directly related to the activities
carried out; and

(g) where appropriate, proven financial solvency.

Member States shall communicate to the Commission the name
and address of the approved economic operators as soon as
possible after having granted this status. The Commission shall
make available this information to the Member States by
electronic means.

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The rules relating to the status of approved economic operator
may be determined in accordance with the procedure referred to
in Article 54(2).

For the purpose of a verification, the competent authorities
6.
of a Member State may request the assistance of the competent
authorities of the flag State or of a third country other than the
flag State as referred to in Article 14, in which case:

Article 17

Verifications

1. The competent authorities of the Member States may carry
out all of the verifications they deem necessary to ensure that the
provisions of this Regulation are correctly applied.

in particular, consist in examining the
2. Verifications may,
products, verifying declaration data and the existence and
authenticity of documents, examining the accounts of operators
and other records,
including
containers and storage places of the products and carrying out
in addition to the
official enquiries and other similar acts,
inspection of fishing vessels at port under Chapter II.

inspecting means of transport,

3. Verifications shall be focused towards risk identified on the
basis of criteria developed at national or Community level under
risk management. Member States shall notify to the Commission
their national criteria within 30 working days after 29 October
2008 and update this information. The Community criteria shall
be determined in accordance with the procedure referred to in
Article 54(2).

4. Verifications shall be carried out, in any case, where:

(a)

(b)

(c)

the verifying authority of the Member State has grounds to
question the authenticity of the catch certificate itself, of the
validation seal or of the signature of the relevant authority
of the flag State; or

the verifying authority of the Member State is in possession
of information that questions the compliance by the fishing
vessel with applicable laws, regulations or conservation and
management measures, or the fulfilment of other require-
ments of this Regulation; or

fishing vessels, fishing companies or any other operators
have been reported in connection with presumed IUU
fishing,
including those fishing vessels which have been
reported to a regional fisheries management organisation
under
the terms of an instrument adopted by that
organisation to establish lists of vessels presumed to have
carried out illegal, unreported and unregulated fishing; or

(d)

flag States or re-exporting countries have been reported to
a regional fisheries management organisation under the
terms of an instrument adopted by that organisation to
implement trade measures vis-à-vis flag States; or

(e)

an alert notice has been published pursuant
cle 23(1).

to Arti-

(a)

(b)

the request for assistance shall state the reasons why the
competent authorities of the Member State in question have
well-founded doubts as to the validity of the certificate, of
the statements contained therein and/or the compliance of
the products with conservation and management measures.
A copy of the catch certificate and any information or
documents
information on the
certificate is inaccurate shall be forwarded in support of
the request for assistance. The request shall be sent without
delay to the competent authorities of the flag State or of a
third country other than the flag State as referred to in
Article 14;

suggesting that

the

the procedure for verification shall be completed within 15
days of the date of the verification request. In the event that
the competent authorities of
the flag State concerned
cannot meet the deadline, the verifying authorities in the
Member State may, on request by the flag State or by a third
country other than the flag State as referred to in Article 14
grant an extension of the deadline to reply, which shall not
exceed a further 15 days.

the products onto the market shall be
7. The release of
suspended while awaiting the
the verification
procedures referred to in paragraphs (1) to (6). The cost of
storage shall be borne by the operator.

results of

8. Member States
shall notify to the Commission their
competent authorities for the checks and verifications of the
catch certificates in accordance with Article 16 and para-
graphs (1) to (6) of this Article.

Article 18

Refusal of importation

1. The competent authorities of the Member States shall, where
appropriate, refuse the importation into the Community of
fishery products without having to request any additional
evidence or send a request for assistance to the flag State where
they become aware that:

(a)

the importer has not been able to submit a catch certificate
for the products concerned or to fulfil his obligations under
Article 16(1) or (2);

(b)

the products intended for importation are not the same as
those mentioned in the catch certificate;

(c)

the catch certificate is not validated by the public authority
of the flag State referred to in Article 12(3);

5. Member States may decide to carry out verifications at
referred to in
random,
paragraphs 3 and 4.

in addition to the verifications

(d)

the catch certificate does not
information;

indicate all

the required

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(e)

(f)

(g)

the importer is not in a position to prove that the fishery
products comply with the conditions of Article 14(1) or (2);

a fishing vessel figuring on the catch certificate as vessel of
origin of the catches is included in the Community IUU
vessel list or in the IUU vessel lists referred to in Article 30;

the catch certificate has been validated by the authorities of
a flag State identified as a non-cooperating State in
accordance with Article 31.

2. The competent authorities of the Member States shall, where
appropriate, refuse the importation of any fishery products into
the Community, following a request for assistance pursuant to
Article 17(6), where:

(a)

(b)

they have received a reply according to which the exporter
was not entitled to request
the validation of a catch
certificate; or

they have received a reply according to which the products
do not comply with the conservation and management
measures, or other conditions under this Chapter are not
met; or

the point of entry into the territory of

the
2. Where, at
Community,
fishery products are placed under a transit
procedure and transported to another place in the same Member
State where they shall be placed under another customs
procedure, that Member State may implement the provisions
of Articles 16, 17 and 18 at the point of entry or at the place of
destination. Member States shall, as soon as possible, notify to
the Commission the measures adopted for the implementation
of this paragraph and update this information. The Commission
shall publish these notifications on its website.

the point of entry into the territory of

3. Where, at
the
Community, fishery products are transhipped and transported by
sea to another Member State, the provisions of Articles 17 and
18 shall be implemented in that Member State.

4. The Member States of transhipment shall communicate to
the Member States of destination the information taken from the
transport documentation on the nature of the fishery products,
their weight, the port of loading and the shipper in the third
country, the names of the transport vessels and the ports of
transhipment
this
information is known and prior to the anticipated date of
arrival in the port of destination.

soon as possible

and destination,

as

(c)

they have not
deadline; or

received a reply within the stipulated

Article 20

(d)

they have received a reply which does not provide pertinent
answers to the questions raised in the request.

In the event that the importation of fishery products is
3.
refused pursuant to paragraphs 1 or 2, Member States may
confiscate and destroy, dispose of or sell such fishery products in
accordance with national law. The profits from the sale may be
used for charitable purposes.

4. Any person shall have the right to appeal against decisions
taken by the competent authorities pursuant to paragraphs 1, 2
or 3 which concern him. The right of appeal shall be exercised
according to the provisions in force in the Member State
concerned.

5. The competent authorities of the Member States shall notify
the flag State and, where appropriate, the third country other
than the flag State as referred to in Article 14 of refusals of
importation. A copy of the notification shall be sent to the
Commission.

Flag State notifications and cooperation with third
countries

1. The acceptance of catch certificates validated by a given flag
State for the purposes of this Regulation shall be subject to the
condition that the Commission has received a notification from
the flag State concerned certifying that:

(a)

(b)

it has in place national arrangements for the implementa-
tion, control and enforcement of
laws, regulations and
conservation and management measures which must be
complied with by its fishing vessels;

its public authorities are empowered to attest the veracity of
the information contained in catch certificates and to carry
out verifications of such certificates on request from the
Member States. The notification shall also include the
necessary information to identify those authorities.

Article 19

Transit and transhipment

2. The information to be given in the notification laid down in
paragraph 1 is set forth in Annex III.

the point of entry into the territory of

the
1. Where, at
Community,
fishery products are placed under a transit
procedure and transported to another Member State where they
shall be placed into another customs procedure, the provisions of
Articles 17 and 18 shall be implemented in that Member State.

3. The Commission shall inform the flag State of the receipt of
the notification sent pursuant to paragraph 1. If all elements
mentioned in paragraph 1 are not provided by the flag State, the
Commission shall indicate to the flag State which elements are
missing and request that it provide a new notification.

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appropriate,

cooperate
4. The Commission shall, where
administratively with third countries in areas pertaining to the
implementation of
this
Regulation, including the use of electronic means to establish,
validate or submit the catch certificates and, where appropriate,
documents referred to in Article 14(1) and 14(2).

the catch certification provisions of

Such cooperation shall aim to:

(a)

(b)

(c)

(d)

ensure that fishery products imported into the Community
originate from catches made in compliance with applicable
laws, regulations or conservation and management meas-
ures;

facilitate the accomplishment by flag States of
the
formalities linked to the access to ports of fishing vessels,
the importation of fishery products and the verification
requirements of catch certificates established in Chapter II
and this Chapter;

provide for the conduct of on-the-spot audits by the
to verify the
Commission or a body designated by it
effective implementation of the cooperation arrangement;

provide for the establishment of a framework for the
exchange of information between the two sides in support
of the implementation of the cooperation arrangement.

5. The cooperation laid down in paragraph 4 shall not be
construed as a precondition for the application of this Chapter to
imports originating from catches made by fishing vessels flying
the flag of any State.

Article 21

Re-exportation

1. The re-exportation of products imported under a catch
certificate in accordance with this Chapter shall be authorised
through the validation by the competent authorities of
the
Member State from which the re-exportation is to take place of
the section ‘re-export’ of the catch certificate or a copy thereof
where the fishery products to be re-exported are a part of the
products imported.

2. The procedure defined in Article 16(2) shall apply mutatis
mutandis where the fishery products are re-exported by an
approved economic operator.

3. Member States
shall notify to the Commission their
competent authorities for the validation and the verification of
the section ‘re-export’ of catch certificates in accordance with the
procedure defined in Article 15.

(a) Member States which have notified their competent
authorities to validate, check and verify catch certificates
and re-export certificates in accordance with Articles 15,
16, 17 and 21, respectively;

(b)

flag States for which notifications have been received in
accordance with Article 20(1), indicating those for which
cooperation with third countries has been established in
accordance with Article 20(4).

2. The Commission shall publish on its website and in the
Official Journal of the European Union the list of States and their
competent authorities referred to in paragraph 1, and shall
regularly update this information. The Commission shall make
the details of
the
validation and the verification of catch certificates available by
electronic means to the authorities in the Member States
responsible
catch
certificates.

the flag States authorities in charge of

the validation and verification of

for

Journal of

3. The Commission shall publish on its website and in the
Official
the catch
documentation schemes which are recognised in accordance
with Article 13 and shall update it on a regular basis.

the European Union the list of

4. Member States shall keep originals of the catch certificates
submitted for importation, the catch certificates validated for
exportation and the validated re-export
sections of catch
certificates for a period of three years or longer, in accordance
with national rules.

5. Approved economic operators shall keep the original of the
documents referred to in paragraph 4 for a period of three years
or longer, in accordance with national rules.

CHAPTER IV

COMMUNITY ALERT SYSTEM

Article 23

Issuance of alerts

Article 22

Record keeping and dissemination

1. The Commission shall keep a record of States and their
competent authorities notified in accordance with this Chapter
which shall include:

1. Where information obtained in accordance with Chapters II,
III, V, VI, VII, VIII, X or XI raises well-founded doubt as to the
compliance, by fishing vessels or fishery products from certain
third countries, with applicable laws or regulations, including
applicable laws or regulations communicated by third countries
under the administrative cooperation referred to in Article 20(4),
or with international conservation and management measures,
the Commission shall publish an alert notice on its website and

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in the Official Journal of the European Union to warn operators and
to ensure that Member States take appropriate measures in
respect of the third countries concerned pursuant to this Chapter.

communicate

information
2. The Commission shall
referred to in paragraph 1 without delay to the Member States'
authorities and to the flag State concerned and, where
appropriate, to a third country other than the flag State as
referred to in Article 14.

the

Article 24

Action following issuance of alerts

1. Upon receipt of the information communicated pursuant to
Article 23(2), Member States shall, where appropriate, and in
accordance with risk management:

(a)

(b)

(c)

(d)

identify the on-going consignments of fishery products to
be imported which fall within the scope of the alert notice
and carry out a verification of the catch certificate and,
referred to in
where appropriate, of
Article 14, in accordance with the provisions laid down
in Article 17;

the documents

take measures to ensure that the future consignments of
fishery products intended for importation which fall within
the scope of the alert notice be submitted to the verification
of the catch certificate, and, where appropriate, of the
documents referred to in Article 14, in accordance with the
provisions laid down in Article 17;

identify the previous consignments of
fishery products
which fall under the scope of the alert notice and carry out
the appropriate verifications, including the verification of
previously submitted catch certificates;

submit the fishing vessels which fall within the scope of the
alert notice, in accordance with the rules of international
law, to the necessary enquiries, investigations or inspections
at sea, in ports or any other landing places.

2. Member States shall communicate to the Commission as
soon as possible the conclusions of
their verifications and
requests for verification and the actions taken where non-
compliance with applicable laws, regulations or international
conservation and management measures has been established.

3. Where the Commission decides
the
conclusions of verifications carried out pursuant to paragraph 1,
the well-founded doubt which motivated the alert notice no
longer exists, it shall, without delay:

in light of

that

publish a notice to that effect on its website and in the
Official Journal of the European Union annulling the earlier
alert notice;

(a)

(b)

(c)

advise Member States through appropriate channels.

4. Where the Commission decides
the
conclusions of verifications carried out pursuant to paragraph 1,
the well-founded doubt which motivated the alert notice
remains, it shall, without delay:

in light of

that

(a)

(b)

update the alert notice by a new publication on its website
and in the Official Journal of the European Union;

advise the flag State and, where appropriate, the third
country other than the flag State as referred to in Article 14;

(c)

advise Member States through appropriate channels; and

(d) where appropriate, refer the matter to the regional fisheries
management organisation whose conservation and man-
agement measures might have been violated.

that

5. Where the Commission decides
the
conclusions of verifications carried out pursuant to paragraph 1,
there are sufficient grounds to consider that the facts established
might constitute a case of non-compliance with applicable laws,
international conservation and management
regulations or
measures, it shall, without delay:

in light of

(a)

(b)

publish a new alert notice to their effect on its website and
in the Official Journal of the European Union;

advise the flag State and undertake the appropriate
proceedings and démarches in accordance with Chapters V
and VI;

(c) where appropriate, advise the third country other than the

flag State as referred to in Article 14;

(d)

advise Member States through appropriate channels; and

(e) where appropriate, refer the matter to the regional fisheries
management organisation whose conservation and man-
agement measures might have been violated.

CHAPTER V

IDENTIFICATION OF FISHING VESSELS ENGAGED IN IUU
FISHING

Article 25

Alleged IUU fishing

1. The Commission, or a body designated by it, shall compile
and analyse:

advise the flag State and, where appropriate, the third
country other than the flag State as referred to in Article 14
of the annulment; and

(a)

all information on IUU fishing obtained in accordance with
Chapters II, III, IV, VIII, X and XI; and/or

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(b)

any other relevant information, as appropriate, such as:

and share the results of
Commission on a timely basis;

this

investigation with the

(i)

the catch data;

(ii)

trade information obtained from national statistics
and other reliable sources;

(iii) vessel registers and databases;

(c)

issue an official request to the flag State to take immediate
enforcement action should the allegation formulated
against
the fishing vessel concerned be proven to be
founded, and to inform the Commission of the measures
taken;

(iv)

regional
documents or statistical document programmes;

fisheries management organisation catch

(d)

(v)

reports on sightings or other activities of
fishing
vessels presumed to be engaged in IUU fishing as
referred to in Article 3 and IUU vessel lists reported or
adopted by regional fisheries management organisa-
tions;

(vi)

reports under the terms of Regulation (EEC) No 2847/
93 on fishing vessels presumed to be engaged in IUU
fishing as referred to in Article 3;

(vii) any other relevant information obtained, inter alia, in

the ports and on the fishing grounds.

2. Member States may, at any time, submit to the Commission
any additional
information which might be relevant for the
establishment of the Community IUU vessel list. The Commis-
sion, or a body designated by it, shall circulate the information,
together with all the evidence provided, to the Member States
and to the flag States concerned.

3. The Commission, or a body designated by it, shall keep a file
in respect of each fishing vessel reported as allegedly involved in
IUU fishing which shall be updated as new information is
obtained.

Article 26

Presumed IUU fishing

1. The Commission shall
identify fishing vessels for which
sufficient information has been obtained in accordance with
Article 25 to presume that such fishing vessels may be engaged
in IUU fishing, warranting an official enquiry with the flag State
concerned.

2. The Commission shall notify flag States whose fishing
vessels are identified pursuant to paragraph 1 of an official
request for an enquiry into the alleged IUU fishing of their
flagged vessels concerned. The notification shall:

(a)

provide all information gathered by the Commission on
alleged IUU fishing;

(b)

issue an official request to the flag State that it takes all the
necessary measures to investigate the alleged IUU fishing

ask the flag State to notify the owner and, where
appropriate, the operator of the fishing vessel concerned
of the detailed statement of reasons for the intended listing
and of the consequences which would result should the
fishing vessel be included in the Community IUU vessel list,
as laid down in Article 37. Flag States shall also be
requested to provide information to the Commission as to
appropriate,
the
operators so as to ensure that such persons can be heard,
in accordance with Article 27(2);

fishing vessel's owners

and, where

(e)

advise the flag State on the provisions in Chapters VI and
VII.

3. The Commission shall notify flag Member States whose
fishing vessels are identified pursuant to paragraph 1 of an
official request for an enquiry into the alleged IUU fishing of
their flagged vessels concerned. The notification shall:

(a)

provide all information gathered by the Commission on
alleged IUU fishing;

(b)

(c)

(d)

include an official request to the flag Member State to take
all the necessary measures, in accordance with Regulation
(EEC) No 2847/93 to investigate the alleged IUU fishing or,
where appropriate, to report on all the measures already
taken to investigate it and to share the results of this
investigation with the Commission on a timely basis;

issue an official request to the flag Member State to take
timely enforcement action should the allegation formulated
the fishing vessel concerned be proven to be
against
founded, and to inform the Commission of the measures
taken;

ask the flag Member State to notify the owner and, where
appropriate, the operator of the fishing vessel concerned of
the detailed statement of reasons for the intended listing
and of the consequences which would result should the
vessel be included in the Community IUU vessel list, as laid
down in Article 37. Flag Member States shall also be
requested to provide information to the Commission as to
the
appropriate,
operators so as to ensure that such persons can be heard,
in accordance with Article 27(2).

fishing vessel's owners

and, where

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4. The Commission shall circulate the information on fishing
vessels presumed to be engaged in IUU fishing to all Member
States in order to facilitate the implementation of Regulation
(EEC) No 2847/93.

7. This Article shall not apply to Community fishing vessels if
the flag Member State has taken action in accordance with
paragraph 8.

Article 27

Establishment of the Community IUU vessel list

1. The Commission shall, in accordance with the procedure
referred to in Article 54(2), establish a Community IUU vessel
list. The list shall include the fishing vessels in relation to which,
further to the measures taken pursuant to Articles 25 and 26, the
information obtained in accordance with this Regulation
establishes that they are engaged in IUU fishing and whose flag
States have not complied with the official requests referred to in
Article 26(2)(b) and (c) and Article 26(3)(b) and (c), in response
to such IUU fishing.

2. Before placing any fishing vessel on the Community IUU
vessel list, the Commission shall provide the owner and, where
appropriate, the operator of the fishing vessel concerned with a
detailed statement of reasons for the intended listing and with all
elements supporting the suspicion that the fishing vessel has
carried out IUU fishing. The statement shall mention the right to
ask for or to provide additional information, and give the owner,
and, where appropriate, the operator the possibility of being
heard and to defend their case, leaving them adequate time and
facilities.

8. Community fishing vessels shall not be included in the
Community IUU vessel list if the flag Member State has taken
action pursuant
to this Regulation and Regulation (EEC)
No 2847/93 against breaches constituting serious infringements
as laid down in Article 3(2), without prejudice to the action taken
by regional fisheries management organisations.

Article 28

Removal of fishing vessels from the Community IUU vessel
list

1. The Commission shall remove a fishing vessel from the
Community IUU vessel list, in accordance with the procedure
referred to in Article 54(2),
if the fishing vessel's flag State
demonstrates that:

(a)

the vessel did not engage in any of the IUU fishing activities
for which it was placed on the list; or

(b)

proportionate, dissuasive and effective sanctions have been
applied in response to the IUU fishing activities in question,
notably for the fishing vessels flying the flag of a Member
State in accordance with the Regulation (EEC) No 2847/93.

3. When a decision is taken to place a fishing vessel on the
Community IUU vessel list, the Commission shall notify that
decision, and the reasons for it,
to the owner and, where
appropriate, the operator of the fishing vessel.

2. The owner or, where appropriate, the operator of a fishing
vessel placed on the Community IUU vessel list may submit a
request to the Commission to review the status of that vessel in
case of inaction by the flag State under paragraph 1.

4. The obligations imposed on the Commission by para-
graphs 2 and 3 shall apply without prejudice to the primary
responsibility of the flag State over the fishing vessel, and only in
so far as the relevant information on the identification of the
fishing vessel owner and operator is at the disposal of the
Commission.

The Commission shall only consider removing the fishing vessel
from the list if:

(a)

the owner or the operator provides evidence as to the fact
that the fishing vessel is no longer engaged in IUU fishing;
or

5. The Commission shall notify the flag State of the inclusion
of the fishing vessel on the Community IUU vessel list and shall
provide the flag State with the detailed reasons for listing.

(b)

the listed fishing vessel has sunk or has been scrapped.

6. The Commission shall request flag States with fishing vessels
on the Community IUU vessel list to:

In all other cases,
3.
removing the fishing vessel
conditions are fulfilled:

the Commission shall only consider
the following

from the list

if

(a)

(b)

notify the owner of the fishing vessel of its inclusion on the
Community IUU vessel list, of the reasons justifying this
inclusion and of the consequences resulting from it, as laid
down in Article 37; and

take all the necessary measures to eliminate IUU fishing,
including, if necessary, the withdrawal of the registration or
the fishing licences of the fishing vessels concerned, and to
inform the Commission of the measures taken.

(a)

(b)

at least two years have elapsed since the fishing vessel's
listing during which no further reports of alleged IUU
fishing by the vessel have been received by the Commission
in accordance with Article 25; or

the owner submits information relating to the current
operation of the fishing vessel that demonstrates that it is
operating in full conformity with laws, regulations and/or
conservation and management measures that apply to any
fisheries in which it is participating; or

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(c)

its owner or operator,
the fishing vessel concerned,
maintain no operational or financial links, whether direct
or indirect, with any other vessel, owner or operator
presumed or confirmed to be engaged in IUU fishing.

the Community IUU vessel list, in accordance with the procedure
referred to in Article 54(2). Removal of such vessels from the
Community IUU vessel list shall be governed by the decisions
taken with regard to them by the relevant regional fisheries
management organisation.

Article 29

Content, publicity and maintenance of the Community IUU
vessel list

1. The Community IUU vessel list shall contain the following
details for each fishing vessel:

(a)

name and previous names, if any;

(b)

flag and previous flags, if any;

(c)

owner and where relevant previous owners,
beneficial owners, if any;

including

(d)

operator and where relevant previous operators, if any;

(e)

call sign and previous call signs, if any;

(f)

Lloyds/IMO number, where available;

(g)

photographs, where available;

(h)

date of first inclusion on it;

(i)

summary of activities which justify inclusion of the vessel
on it, together with references to all relevant documents
informing of and evidencing those activities.

2. The Commission shall publish the Community IUU vessel
list in the Official Journal of the European Union and shall take any
measure necessary to ensure its publicity, including by placing it
on its website.

3. The Commission shall update every three months the
Community IUU vessel list and shall provide for a system to
automatically notify updates to Member States, regional fisheries
management organisations and any member of the civil society
that should so request. Furthermore,
the Commission shall
transmit the list to the FAO and to regional fisheries manage-
ment organisations for the purposes of enhancing cooperation
between the Community and these organisations aimed at
preventing, deterring and eliminating IUU fishing.

2. The Commission shall each year, on receiving from regional
fisheries management organisations the lists of fishing vessels
presumed or confirmed to be involved in IUU fishing, notify
them to the Member States.

3. The Commission shall notify promptly to the Member States
any addition to, any deletion from and/or any modification of
the lists referred to in paragraph 2 of this Article at any time such
changes occur. Article 37 shall apply in respect of the vessels
appearing on the regional fisheries management organisations
IUU vessel lists so modified as of the time of their notification to
Member States.

CHAPTER VI

NON-COOPERATING THIRD COUNTRIES

Article 31

Identification of non-cooperating third countries

1. The Commission, in accordance with the procedure referred
to in Article 54(2), shall
identify the third countries that it
considers as non-cooperating third countries in fighting IUU
fishing.

2. The identification set out in paragraph 1 shall be based on
the review of all information obtained pursuant to Chapters II,
III, IV, V, VIII, X and XI, or, as appropriate, any other relevant
information, such as the catch data, trade information obtained
from national statistics and other reliable sources, vessel registers
and databases,
statistical document
programmes and IUU vessel lists adopted by regional fisheries
management organisations, as well as any other information
obtained in the ports and on the fishing grounds.

catch documents or

3. A third country may be identified as a non-cooperating third
country if it fails to discharge the duties incumbent upon it under
international law as flag, port, coastal or market State, to take
action to prevent, deter and eliminate IUU fishing.

Article 30

4.
For the purposes of paragraph 3, the Commission shall
primarily rely on the examination of measures taken by the third
country concerned in respect of:

IUU vessel lists adopted by regional fisheries management
organisations

1.
In addition to the fishing vessels referred to in Article 27,
lists adopted by
fishing vessels included in the IUU vessel
regional fisheries management organisations shall be included in

(a)

recurrent IUU fishing suitably documented as carried out or
supported by fishing vessels flying its flag or by its
nationals, or by fishing vessels operating in its maritime
waters or using its ports; or

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(b)

access of fisheries products stemming from IUU fishing to
its market.

down in Article 31.
following information:

It shall

include in the notification the

For the purposes of paragraph 3, the Commission shall take

5.
into account:

(a)

the reason or reasons for the identification with all available
supporting evidence;

(a) whether the third country concerned effectively cooperates
with the Community, by providing a response to requests
made by the Commission to investigate, provide feedback
or follow-up to IUU fishing and associated activities;

(b)

the opportunity to respond to the Commission in writing
with regard to the identification decision and other relevant
information, for example, evidence refuting the identifica-
tion or, where appropriate, a plan of action to improve and
the measures taken to rectify the situation;

(b) whether the third country concerned has taken effective
enforcement measures in respect of the operators respon-
sible for IUU fishing, and in particular whether sanctions of
sufficient severity to deprive the offenders of the benefits
accruing from IUU fishing have been applied;

(c)

the history, nature, circumstances, extent and gravity of the
manifestations of IUU fishing considered;

(d)

for developing countries, the existing capacity of
competent authorities.

their

For the purposes of paragraph 3, the Commission shall also

6.
consider the following elements:

the third countries
the ratification of, or accession of
concerned to,
international fisheries instruments, and in
particular the Unclos, the UN Fish Stocks Agreement and
the FAO Compliance Agreement;

the status of the third country concerned as a contracting
party to regional fisheries management organisations, or its
agreement to apply the conservation and management
measures adopted by them;

(a)

(b)

(c)

(c)

the right to ask for, or to provide, additional information;

(d)

the consequences of its identification as non-cooperating
third country, as provided in Article 38.

2. The Commission shall also include in the notification
referred to in paragraph 1 a request that the third country
concerned take any necessary measures for the cessation of the
IUU fishing activities in question and the prevention of any
future such activities, and rectify any act or omission referred to
in Article 31(6)(c).

3. The Commission shall, by more than one means of
communication, transmit its notification and request to the
third country concerned. The Commission shall seek to obtain
confirmation from that country that
received the
notification.

it has

4. The Commission shall give to the third country concerned
adequate time to answer the notification and a reasonable time
to remedy the situation.

Article 33

any act or omission by the third country concerned that
may have diminished the effectiveness of applicable laws,
regulations or international conservation and management
measures.

Establishment of a list of non-cooperating third countries

1. The Council, acting by qualified majority on a proposal from
the Commission, shall decide on a list of non-cooperating third
countries.

7. Where appropriate,
specific constraints of developing
countries, in particular in respect to monitoring, control and
surveillance of
fishing activities, shall be duly taken into
consideration in the implementation of this Article.

Article 32

2. The Commission shall, without delay, notify the third
country concerned of its identification as a non-cooperating
third country and of the measures applied in accordance with
Article 38, and shall request it to rectify the current situation and
to advise on the measures taken to ensure compliance with
conservation and management measures by its fishing vessels.

Démarches in respect of countries identified as non-
cooperating third countries

1. The Commission shall, without delay, notify countries
the possibility of being identified as non-
concerned of
cooperating third countries in accordance with the criteria laid

3.
Following a decision taken pursuant to paragraph 1 of this
Article, the Commission shall, without delay, notify it to the
Member States and shall request them to ensure the immediate
implementation of
the measures laid down in Article 38.
Member States shall notify the Commission of any measures they
have taken in response to this request.

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Article 34

Removal from the list of non-cooperating third countries

1. The Council, acting by qualified majority on a proposal from
the Commission, shall remove a third country from the list of
non-cooperating third countries if the third country concerned
demonstrates that the situation that warranted its listing has been
rectified. A removal decision shall also take into consideration
whether the identified third countries concerned have taken
concrete measures capable of achieving a lasting improvement of
the situation.

Following a decision taken pursuant to paragraph 1 of this
2.
Article, the Commission shall, without delay, notify Member
States of the lifting of the measures laid down in Article 38 in
respect of the third country concerned.

Article 35

Publicity of the list of non-cooperating third countries

The Commission shall publish the list of non-cooperating third
countries in the Official Journal of the European Union and take any
measure necessary to ensure publicity of this list,
including
placing it on its website. The Commission shall regularly update
the list and shall provide for a system to automatically notify
updates
fisheries management
organisations and any member of the civil society that should
so request. Furthermore, the Commission shall transmit the list
of non-cooperating third countries to the FAO and to regional
fisheries management organisations for the purposes of enhan-
cing cooperation between the Community and those organisa-
tions aimed at preventing, deterring and eliminating IUU fishing.

to Member States,

regional

Article 36

Emergency measures

1.
If there is evidence that the measures adopted by a third
country undermine the conservation and management measures
adopted by a regional fisheries management organisation, the
in line with its
Commission shall be entitled to adopt,
international obligations, emergency measures which shall last
no more than six months. The Commission may take a new
decision to extend the emergency measures for no more than six
months.

2. The emergency measures referred to in paragraph 1 may
include, inter alia, that:

(a)

fishing vessels authorised to fish and flying the flag of the
third country concerned shall not be granted access to the
ports of Member States, except in case of force majeure or
distress as referred to in Article 4(2) for services strictly
necessary to remedy those situations;

(b)

fishing vessels flying the flag of a Member State shall not be
authorised to engage in joint fishing operations with vessels
flying the flag of the third country concerned;

(c)

(d)

(e)

fishing vessels flying the flag of a Member State shall not be
authorised to fish in maritime waters under the jurisdiction
of the third country concerned, without prejudice to the
provisions set out in bilateral fishing agreements;

provision of live fish for fish farming in maritime waters
under the jurisdiction of the third country concerned shall
not be authorised;

live fish caught by fishing vessels flying the flag of the third
country concerned shall not be accepted for the purposes
of fish farming in maritime waters under the jurisdiction of
a Member State.

3.
Emergency measures shall have immediate effect. They shall
be notified to the Member States and to the third country
concerned and published in the Official Journal of the European
Union.

4. The Member States concerned may refer the Commission's
decision set out in paragraph 1 to the Council within 10 working
days of receipt of the notification.

5. The Council, acting by qualified majority, may take a
different decision within one month of the date of receipt of the
referral.

CHAPTER VII

MEASURES IN RESPECT OF FISHING VESSELS AND STATES
INVOLVED IN IUU FISHING

Article 37

Action in respect of fishing vessels included in the
Community IUU vessel list

The following measures shall apply to the fishing vessels included
in the Community IUU vessel list (IUU fishing vessels):

1.

2.

3.

4.

flag Member States shall not submit to the Commission any
requests for fishing authorisations in respect of IUU fishing
vessels;

current fishing authorisations or special fishing permits
issued by flag Member States in respect of IUU fishing
vessels shall be withdrawn;

IUU fishing vessels flying the flag of a third country shall
not be authorised to fish in Community waters and shall be
prohibited to be chartered;

fishing vessels flying the flag of a Member State shall not in
any way assist, engage in fish processing operations or
participate in any transhipment or joint fishing operations
with IUU fishing vessels;

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5.

6.

7.

IUU fishing vessels flying the flag of a Member State shall
only be authorised access to their home ports and to no
other Community port, except in case of force majeure or
distress.
IUU fishing vessels flying the flag of a third
country shall not be authorised to enter into a port of a
Member State, except in case of force majeure or distress.
Alternatively, a Member State may authorise the entry into
its ports of an IUU fishing vessel on the condition that the
catches on board and, where appropriate,
fishing gear
prohibited pursuant
to conservation and management
fisheries management
measures
organisations, are confiscated. Member States shall also
confiscate catches and, where appropriate,
fishing gear
prohibited pursuant
to those measures, on board IUU
fishing vessels which have been authorised to enter into its
ports for reason of force majeure or distress;

adopted by regional

IUU fishing vessels flying the flag of a third country shall
not be supplied in ports with provisions, fuel or other
services, except in case of force majeure or distress;

IUU fishing vessels flying the flag of a third country shall
not be authorised to change the crew, except as necessary in
case of force majeure or distress;

8. Member States shall refuse the granting of their flag to IUU

fishing vessels;

9.

the importation of fishery products caught by IUU fishing
vessels shall be prohibited, and accordingly catch certifi-
cates accompanying such products shall not be accepted or
validated;

10.

the exportation and re-exportation of
fishery products
from IUU fishing vessels for processing shall be prohibited;

11.

IUU fishing vessels with no fish and crew on board shall be
authorised to enter a port for its scrapping, but without
prejudice to any prosecutions and sanctions imposed
that vessel and any legal or natural person
against
concerned.

Article 38

relation to IUU fishing affecting a given stock or species, the
prohibition of importation may only apply in respect of
this stock or species;

2.

3.

the purchase by Community operators of a fishing vessel
flying the flag of such countries shall be prohibited;

the reflagging of a fishing vessel flying the flag of a Member
State to such countries shall be prohibited;

4. Member States shall not authorise the conclusion of
fishing

chartering agreements with such countries for
vessels flying their flag;

5.

6.

7.

8.

9.

the exportation of Community fishing vessels to such
countries shall be prohibited;

private trade arrangements between nationals of a Member
State and such countries in order for a fishing vessel flying
the flag of that Member State to use the fishing possibilities
of such countries shall be prohibited;

joint fishing operations involving fishing vessels flying the
flag of a Member State with a fishing vessel flying the flag
of such countries shall be prohibited;

the Commission shall propose the denunciation of any
standing bilateral fisheries agreement or fisheries partner-
ship agreement with such countries which provides for
termination of the agreement in case of failure to comply
with undertakings made by them with regard to combating
IUU fishing;

the Commission shall not enter
conclude a bilateral
partnership agreements with such countries.

fisheries agreement or

into negotiations to
fisheries

CHAPTER VIII

NATIONALS

Article 39

Action in respect of non-cooperating third countries

Nationals supporting or engaged in IUU fishing

The following measures shall apply to non-cooperating third
countries:

1.

the importation into the Community of fishery products
caught by fishing vessels flying the flag of such countries
shall be prohibited, and accordingly catch certificates
accompanying such products shall not be accepted. In the
event that the identification of a non-cooperating third
country pursuant to Article 31 is justified by the lack of
appropriate measures adopted by this third country in

to the jurisdiction of Member States
1. Nationals subject
(nationals) shall neither support nor engage in IUU fishing,
including by engagement on board or as operators or beneficial
owners of fishing vessels included in the Community IUU vessel
list.

2. Without prejudice to the primary responsibility of the flag
State, Member States shall cooperate amongst themselves and
with third countries and take all appropriate measures,
in
in order to
accordance with national and Community law,
identify nationals supporting or engaged in IUU fishing.

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3. Without prejudice to the primary responsibility of the flag
State, Member States shall take appropriate action, subject to and
in accordance with their applicable laws and regulations with
regard to nationals identified as supporting or engaged in IUU
fishing.

2.

3.

4.
Each Member State shall notify to the Commission the
names of the competent authorities responsible for coordinating
the collection and verification of information on activities of
nationals referred to in this Chapter and for reporting to and
cooperating with the Commission.

Article 40

Prevention and sanction

1. Member States shall encourage nationals to notify any
information pertaining to legal, beneficial or financial interests
in, or control of, fishing vessels flagged to a third country which
they hold and the names of the vessels concerned.

serious infringements committed by Community fishing
vessels or nationals of Member States;

serious infringements detected within the territory or
within waters as referred to in point 1 of this Article but
which have been committed on the high seas or within the
jurisdiction of a third country and are being sanctioned
pursuant to Article 11(4).

Article 42

Serious infringements

For the purpose of this Regulation, serious infringement

1.
means:

(a)

(b)

the activities considered to constitute IUU fishing in
accordance with the criteria set out in Article 3;

the conduct of business directly connected to IUU fishing,
fishery
including the trade in/or
products;

the importation of

2. Nationals shall not sell or export any fishing vessel to
operators involved in the operation, management or ownership
of fishing vessels included in the Community IUU vessel list.

(c)

the falsification of documents referred to in this Regulation
or the use of such false or invalid documents.

3. Without prejudice to other provisions
laid down in
Community law pertaining to public funds, Member States shall
not grant any public aid under national aid regimes or under
Community funds to operators involved in the operation,
management or ownership of fishing vessels included in the
Community IUU vessel list.

4. Member States shall endeavour to obtain information on the
existence of any arrangement between nationals and a third
country allowing the reflagging of fishing vessels flying their flag
to such third country. They shall inform the Commission thereof
by submitting a list of the fishing vessels concerned.

serious

2. The
shall be
determined by the competent authority of a Member State
taking into account the criteria set out in Article 3(2).

character of

infringement

the

Article 43

Immediate enforcement measures

1. Where a natural person is suspected of having committed or
is caught in the act while committing a serious infringement or a
legal person is suspected of being held liable for such an
infringement, Member States shall start a full investigation of the
infringement and,
law and
depending on the gravity of the infringement, take immediate
enforcement measures such as in particular:

in conformity with their national

CHAPTER IX

IMMEDIATE ENFORCEMENT MEASURES, SANCTIONS AND
ACCOMPANYING SANCTIONS

(a)

the immediate cessation of fishing activities;

(b)

the rerouting to port of the fishing vessel;

Article 41

Scope

(c)

the rerouting of the transport vehicle to another location
for inspection;

This Chapter shall apply in relation to:

(d)

the ordering of a bond;

1.

serious infringements committed within the territory of
Member States to which the Treaty applies, or within
maritime waters under the sovereignty or jurisdiction of the
Member States, with the exception of waters adjacent to the
territories and countries mentioned in Annex II of the
Treaty;

(e)

the seizure of fishing gear, catches or fisheries products;

(f)

the temporary immobilisation of
transport vehicle concerned;

the fishing vessel or

(g)

the suspension of the authorisation to fish.

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2. The enforcement measures shall be of such nature as to
prevent the continuation of the serious infringement concerned
and to allow the competent authorities
to complete its
investigation.

Article 44

Sanctions for serious infringements

1. Member States shall ensure that a natural person having
committed or a legal person held liable
for a serious
infringement
is punishable by effective, proportionate and
dissuasive administrative sanctions.

2. The Member States shall impose a maximum sanction of at
least five times the value of the fishery products obtained by
committing the serious infringement.

Article 46

Overall level of sanctions and accompanying sanctions

The overall level of sanctions and accompanying sanctions shall
be calculated in such way as to make sure that they effectively
deprive those responsible of the economic benefits derived from
their serious infringements without prejudice to the legitimate
right to exercise a profession. For this purpose, account shall be
also taken of immediate enforcement measures taken pursuant to
Article 43.

Article 47

Liability of legal persons

In case of a repeated serious infringement within a five-year
period, the Member States shall impose a maximum sanction of
at least eight times the value of the fishery products obtained by
committing the serious infringement.

1.
Legal persons shall be held liable for serious infringements
where such infringements have been committed for their benefit
by any natural person, acting either individually or as part of an
organ of the legal person, and having a determining position
within the legal person, based on:

In applying these sanctions the Member States shall also take into
account the value of the prejudice to the fishing resources and
the marine environment concerned.

(a)

a power of representation of the legal person; or

3. Member States may also, or alternatively, use effective,
proportionate and dissuasive criminal sanctions.

(b)

an authority to take decisions on behalf of the legal person;
or

Article 45

(c)

an authority to exercise control within the legal person.

Accompanying sanctions

The sanctions provided for in this Chapter may be accompanied
by other sanctions or measures, in particular:

1.

the sequestration of
infringement;

the fishing vessel

involved in the

2.

the temporary immobilisation of the fishing vessel;

2. A legal person may be held liable where the lack of
supervision or control, by a natural person referred to in
paragraph 1, has made possible the commission of a serious
infringement for the benefit of that legal person by a natural
person under its authority.

Liability of a legal person shall not exclude proceedings
instigators or

3.
against natural persons who are perpetrators,
accessories in the infringements concerned.

3.

the confiscation of prohibited fishing gear, catches or
fishery products;

CHAPTER X

4.

the suspension or withdrawal of authorisation to fish;

5.

the reduction or withdrawal of fishing rights;

IMPLEMENTATION OF PROVISIONS ADOPTED WITHIN
CERTAIN REGIONAL FISHERIES MANAGEMENT
ORGANISATIONS PERTAINING TO FISHING VESSEL
SIGHTINGS

6.

7.

8.

the temporary or permanent exclusion from the right to
obtain new fishing rights;

the temporary or permanent ban on access to public
assistance or subsidies;

the suspension or withdrawal of the status of approved
economic operator granted pursuant to Article 16(3).

Article 48

Sightings at sea

1. The provisions of
this Chapter shall apply to fishing
activities subject to the rules on sightings at sea adopted within
regional fishery management organisations which are binding to
the Community.

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In the event that a Member State's competent authority
2.
responsible for inspection at sea sights a fishing vessel engaged in
activities that may be considered as IUU fishing, it shall forthwith
issue a report of the sighting. Such report and the results of
investigations carried out on that fishing vessel by that Member
State shall be considered evidence for use in the implementation
of the identification and enforcement mechanisms provided in
this Regulation.

In the event that the master of a Community or a third
3.
country fishing vessel sights a fishing vessel engaged in activities
referred to in paragraph 2, the master may document as much
information as possible on such sighting, for instance:

(a)

the name and description of the fishing vessel;

(b)

the fishing vessel's call sign;

(c)

the registration number and, if appropriate, the Lloyds IMO
number of the fishing vessel;

6. This Article shall apply without prejudice to stricter
provisions adopted by regional fisheries management organisa-
tions to which the Community is a contracting party.

Article 49

Submission of information regarding sighted fishing vessels

1. Member States which obtain suitably documented informa-
tion regarding sighted fishing vessels
this
information without delay to the Commission or to the body
designated by it with the format determined in accordance with
the procedure referred to in Article 54(2).

transmit

shall

2. The Commission or the body designated by it shall also
examine suitably documented information regarding sighted
fishing vessels submitted by citizens, civil society organisations,
including environmental organisations, as well as representatives
of fisheries or fish trade stakeholder interests.

(d)

the flag State of the fishing vessel;

Article 50

(e)

the position (latitude,
identified;

longitude) at the time when first

Investigation of sighted fishing vessels

(f)

the date/time UTC when first identified;

(g)

a photograph or photographs of
support the sighting;

the fishing vessel

to

(h)

any other relevant
activities of the fishing vessel concerned.

information regarding the observed

Sighting reports

4.
shall be sent without delay to the
competent authority of the flag Member State of the sighting
fishing vessel, which shall transmit them as soon as possible to
the Commission or
to the body designated by it. The
Commission or the body designated by it shall then immediately
inform the flag State of
sighted. The
Commission or a body designated by it shall thereupon transmit
the sighting report to all the Member States and, as appropriate,
to the Executive Secretary of
fisheries
management organisations for further action in accordance with
the measures adopted by those organisations.

the relevant regional

the fishing vessel

5. A Member State which receives a sighting report reporting
the activities of a fishing vessel flying its flag from the competent
authority of a contracting party of a regional fisheries manage-
ment organisation shall notify the report and all relevant
information as soon as possible to the Commission or to the
body designated by it, which shall
thereupon forward this
information to the Executive Secretary of the regional fisheries
management organisation concerned for
further action in
accordance with the measures adopted by this organisation, as
appropriate.

1. Member States shall, as soon as possible,
initiate an
investigation on the activities of fishing vessels flying their flag
which have been sighted in accordance with Article 49.

2. Member States shall notify, where possible by electronic
means, to the Commission or the body designated by it the
details of the initiation of the investigation and of any action
taken or intended in respect of the sighted fishing vessels flying
their flag, as soon as practicable and in any case within two
months of the notification of the sighting report pursuant to
Article 48(4). Reports on the progress of the investigations on
the activities of the sighted fishing vessel shall be provided to the
Commission or to the body designated by it at appropriate
regular intervals. A final report on the outcome when the
investigations are completed shall be provided to the Commis-
sion or to the body designated by it.

3. Member States other than the flag Member State concerned
shall, where appropriate, verify whether the sighted fishing
vessels reported have carried out activities in maritime waters
under their jurisdiction or if fisheries products stemming from
those vessels have been landed or imported into their territory
and shall investigate their record of compliance with relevant
conservation and management measures. Member States shall
notify without delay to the Commission, or
to the body
designated by it, and to the flag Member State concerned the
outcome of their verifications and investigations.

4. The Commission or
shall
communicate to all the Member States the information received
in accordance with paragraphs 2 and 3.

the body designated by it

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5. This Article shall apply without prejudice to the provisions
of Chapter V of Regulation (EC) No 2371/2002 and to the
provisions adopted by regional fisheries management organisa-
tions to which the Community is a contracting party.

CHAPTER XI

MUTUAL ASSISTANCE

Article 51

Mutual assistance

1. The administrative authorities responsible for implementa-
tion of this Regulation in the Member States shall cooperate with
each other, with administrative authorities of third countries and
with the Commission in order to ensure compliance with this
Regulation.

2.
For the purposes of paragraph 1, a system for mutual
assistance shall be established, which shall include an automated
information system, the ‘IUU fishing information system’, which
shall be managed by the Commission or a body designated by it,
to assist competent authorities in preventing, investigating and
prosecuting IUU fishing.

3. Detailed rules for the application of this Chapter shall be
adopted in accordance with the procedure referred to in
Article 54(2).

CHAPTER XII

FINAL PROVISIONS

Article 52

Implementation

Article 54

Committee procedure

1. The Commission shall be assisted by the Committee set up
under Article 30 of Regulation (EC) No 2371/2002.

2. Where reference is made to this paragraph, Articles 4 and 7
of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

Article 55

Reporting obligations

1.
Every two years, Member States shall transmit a report to the
Commission on the application of this Regulation not later than
30 April of the following calendar year.

2. On the basis of the reports submitted by the Member States
and its own observations, the Commission shall draw up a report
every three years to be submitted to the European Parliament and
to the Council.

3. An evaluation of the impact of this Regulation on IUU
fishing shall be undertaken by the Commission by 29 October
2013.

Article 56

Repeals

Articles 28b(2), 28e, 28f, 28g and Article 31(2)(a) of Regulation
(EEC) No 2847/93, Regulation (EC) No 1093/94, Regulation
(EC) No 1447/1999, Articles 8, 19a, 19b, 19c, 21, 21b, 21c of
Regulation (EC) No 1936/2001 and Articles 26a, 28, 29, 30 and
31 of Regulation (EC) No 601/2004 shall be repealed with effect
from 1 January 2010.

The measures necessary for implementing the provisions of this
Regulation shall be adopted in accordance with the procedure
referred to in Article 54(2).

References to the repealed Regulations shall be construed as
references to this Regulation.

Article 53

Financial support

Member States may require
the operators concerned to
contribute to the costs linked to the implementation of this
Regulation.

Article 57

Entry into force

This Regulation shall enter
publication in the Official Journal of the European Union.

into force on the day of

its

It shall apply from 1 January 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 September 2008.

For the Council

The President

M. BARNIER

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List of products excluded from the definition of ‘fishery products’ set out in point 8 of Article 2

ANNEX I

— Freshwater fishery products

— Aquaculture products obtained from fry or larvae

— Ornamental fish

— Oysters, live

— Scallops including queen scallops, of the genera Pecten, Chlamys or Placopecten, live, fresh or chilled

— Coquilles St Jacques (Pecten maximus), frozen

— Other scallops, fresh or chilled

— Mussels

— Snails, others than those obtained from the sea

— Prepared and preserved molluscs

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European Community Catch Certificate and Re-export Certificate

ANNEX II

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Appendix

Transport details

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ANNEX III

Flag State notifications

1.

Content of flag State notifications pursuant to Article 20

The Commission shall request flag States to notify the names, addresses and official seal prints of the public
authorities situated in their territory which are empowered to:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

register fishing vessels under their flag;

grant, suspend and withdraw fishing licences to their fishing vessels;

attest the veracity of information provided in the catch certificates referred to in Article 13 and validate such
certificates;

implement, control and enforce laws, regulations and conservation and management measures which must be
complied with by their fishing vessels;

carry out verifications of such catch certificates to assist the competent authorities of the Member States through
the administrative cooperation referred to in Article 20(4);

communicate sample forms of their catch certificate in accordance with the specimen in Annex II; and

update such notifications.

2.

Catch documentation schemes adopted by regional fishery management organisations referred to in Article 13:

Where a catch documentation scheme adopted by a regional fishery management organisation has been recognised as
a catch certification scheme for the purposes of this Regulation, the flag State notifications made under such catch
documentation schemes are deemed to be done in accordance with the provisions laid down in paragraph 1 of this
Annex and the provisions of this Annex are deemed to apply mutatis mutandis.

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Statement under Article 14(2) of Council Regulation (EC) No …/2008 of 29 September 2008 establishing a
Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing

ANNEX IV

I confirm that the processed fishery products: … (product description and Combined Nomenclature code) have been
obtained from catches imported under the following catch certificate(s):

Name and address of the processing plant:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name and address of the exporter (if different from the processing plant):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval number of the processing plant:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health certificate number and date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Endorsement by the competent authority:

. . . . . . . . . .

. . .

. . . . . . . . . .

. . .

. . . . . . . . . .

. . .

. . . . . . ..