13.2.2014 EN Official Journal of the European Union L 43/47
COMMISSION IMPLEMENTING REGULATION (EU) No 137/2014
of 12 February 2014
amending Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (1), in particular Article 30 thereof,
Whereas:
(1) Chapter V of Regulation (EC) No 1005/2008 lays down procedures for the identification of fishing vessels engaged in illegal, unreported and unregulated fishing (IUU fishing vessels) as well as procedures for establishing a Union list of such vessels. Article 37 of that Regulation provides for actions to be taken against fishing vessels included in that list.
(2) The Union list of IUU fishing vessels was established by Commission Regulation (EU) No 468/2010 (2) and subsequently amended by Implementing Regulations (EU) No 724/2011 (3), (EU) No 1234/2012 (4) and (EU) No 672/2013 (5).
(3) According to Article 30(1) of Regulation (EC) No 1005/2008, the Union list should comprise fishing vessels included in the IUU vessel lists adopted by regional fisheries management organisations.
(4) All regional fishery management organisations provide for the establishment and regular up-date of IUU vessel lists in accordance with their respective rules (6).
(5) According to Article 30 of Regulation (EC) No 1005/2008, upon the receipt from regional fisheries management organisations of the lists of fishing vessels presumed or confirmed to be involved in the IUU fishing, the Commission shall update the Union list.
(6) The Commission has received the updated lists from the regional fisheries management organisations.
(7) The vessel the ‘Marta Lucia R’, which was on the lists established or amended by Regulation (EU) No 468/2010 and Implementing Regulations (EU) No 724/2011, (EU) No 1234/2012 and (EU) No 672/2013, has been removed from their list by the Inter-American Tropical Tuna Commission (IATTC) at its meeting of 10 to 14 June 2013 and by the International Commission for the Conservation of Atlantic Tunas (ICCAT) by its circular letter of 20 August 2013. This vessel should be considered as removed from the Union list as of 20 August 2013.
(8) The vessel the ‘RED’, which was on the lists established or amended by Regulation (EU) No 468/2010 and Implementing Regulations (EU) No 724/2011, (EU) No 1234/2012 and (EU) No 672/2013, has been removed from their list by the North East Atlantic Fisheries Commission (NEAFC) on 14 November 2012, by the Northwest Atlantic Fisheries Organization (NAFO) on 21 December 2012 and by the South East Atlantic Fisheries Organisation (SEAFO) at its Compliance Committee Meeting of 11 December 2013. This vessel should be considered as removed from the Union list as of 11 December 2013.
(9) Considering that the same vessel might be listed under different names and/or flags depending on the time of its inclusion on the regional fisheries management organisations lists, the updated Union list should include the different names and/or flags as established by the respective regional fisheries management organisations.
(10) Regulation (EU) No 468/2010 should therefore be amended accordingly.
(11) The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,
Part B of the Annex to Regulation (EU) No 468/2010 is replaced by the text in the Annex to this Regulation.
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.