02008R1005 — EN — 09.01.2024 — 004.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
COUNCIL REGULATION (EC) No 1005/2008 of 29 September 2008 (OJ L 286 29.10.2008, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 280 |
5 |
27.10.2009 |
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L 26 |
1 |
30.1.2010 |
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L 57 |
10 |
2.3.2011 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2022/1479 of 7 September 2022 |
L 233 |
36 |
8.9.2022 |
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REGULATION (EU) 2023/2842 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 November 2023 |
L |
1 |
20.12.2023 |
Corrected by:
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
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter and scope
Article 2
Definitions
For the purposes of this Regulation:
‘illegal, unreported and unregulated fishing’ or ‘IUU fishing’ means fishing activities which are illegal, unreported or unregulated;
‘illegal fishing’ means fishing activities:
conducted by national or foreign fishing vessels in maritime waters under the jurisdiction of a State, without the permission of that State, or in contravention of its laws and regulations;
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 management measures adopted by that organisation and by which those States are bound, or of relevant provisions of the applicable international law; or
conducted by fishing vessels in violation of national laws or international obligations, including those undertaken by cooperating States to a relevant regional fisheries management organisation;
‘unreported fishing’ means fishing activities:
which have not been reported, or have been misreported, to the relevant national authority, in contravention of national laws and regulations; or
which have been undertaken in the area of competence of a relevant regional fisheries management organisation and have not been reported, or have been misreported, in contravention of the reporting procedures of that organisation;
‘unregulated fishing’ means fishing activities:
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 any other fishing entity, in a manner that is not 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 conservation of living marine resources under international law;
‘fishing vessel’ means any vessel of any size used or intended for use for the purposes of commercial exploitation of fishery resources, including support ships, fish processing vessels, vessels engaged in transhipment and carrier vessels equipped for the transportation of fishery products, except container vessels;
‘Community fishing vessel’ means a fishing vessel flying the flag of a Member State and registered in the Community;
‘fishing authorisation’ means entitlement to engage in fishing activities during a specified period, in a given area or for a given fishery;
‘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;
‘transhipment’ means the unloading of all or any fishery products on board a fishing vessel to another fishing vessel;
‘importation’ means the introduction of fishery products into the territory of the Community, including for transhipment purposes at ports in its territory;
‘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;
‘exportation’ means any movement to a third country of fishery products harvested by fishing vessels flying the flag of a Member State, including from the territory of the Community, from third countries or from fishing grounds;
‘re-exportation’ means any movement from the territory of the Community of fishery products which had been previously imported into the territory of the Community;
‘regional fisheries management organisation’ means a subregional, regional or a similar organisation with competence, as recognised under international law, 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;
‘contracting party’ means a contracting party to the international convention or agreement establishing a regional fisheries management organisation, as well as 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;
‘sighting’ means any observation by a Member State's competent authority responsible for inspection at sea, or by 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);
‘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;
‘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;
‘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;
‘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);
‘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.
Article 3
Fishing vessels engaged in IUU fishing
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:
fished without a valid licence, authorisation or permit issued by the flag State or the relevant coastal State; or
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
fished in a closed area, during a closed season, without or after attainment of a quota or beyond a closed depth; or
engaged in directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited; or
used prohibited or non-compliant fishing gear; or
falsified or concealed its markings, identity or registration; or
concealed, tampered with or disposed of evidence relating to an investigation; or
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
carried out fishing activities in the area of a regional fisheries management organisation in a manner inconsistent 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
no nationality and is therefore a stateless vessel, in accordance with international law.
CHAPTER II
INSPECTIONS OF THIRD COUNTRY FISHING VESSELS IN MEMBER STATES PORTS
SECTION 1
Conditions for access to port by third country fishing vessels
Article 4
Inspection in port schemes
Article 5
Designated ports
Article 6
Prior notice
Masters of third country fishing vessels or their representatives 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:
vessel identification;
name of the designated port of destination and the purposes of the call, landing, transhipment or access to services;
fishing authorisation or, where appropriate, authorisation to support fishing operations or to tranship fishery products;
dates of the fishing trip;
estimated date and time of arrival at port;
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;
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.
Article 7
Authorisation
Article 8
Recording of landing or transhipment operations
SECTION 2
Port inspections
Article 9
General principles
The following fishing vessels shall be inspected in all cases:
fishing vessels sighted in accordance with Article 48;
fishing vessels reported in the framework of a notification made under the Community alert system in accordance with Chapter IV;
fishing vessels identified by the Commission as presumed to have engaged in IUU fishing in accordance with Article 25;
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
Article 11
Procedure in the event of infringements
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:
record the suspected infringement in the inspection report;
take all necessary action to ensure safekeeping of the evidence pertaining to such suspected infringement;
immediately forward the inspection report to the competent authority.
CHAPTER III
CATCH CERTIFICATION SCHEME FOR IMPORTATION AND EXPORTATION OF FISHERY PRODUCTS
Article 12
Catch certificates
Article 13
Catch documentation schemes agreed and in force in the framework of a regional fisheries management organisation
Article 14
Indirect importation of fishery products
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:
the catch certificate(s) validated by the flag State; and
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 condition, and remained under the surveillance of the competent authorities in that third country.
Documented evidence shall be provided by means of:
where appropriate, the single transport document issued to cover the passage from the territory of the flag State through that third country; or
a document issued by the competent authorities of that third country:
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.
In order to import fishery products constituting one single 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:
giving an exact description of the unprocessed and processed products and their respective quantities;
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
accompanied by:
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
a copy of the original catch certificate(s), where part of the catches concerned has been used for 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.
Article 15
Exportation of catches made by fishing vessels flying the flag of a Member State
Article 16
Submission and checks of catch certificates
The criteria for granting the status of approved economic operator to an importer by the competent authorities of a Member State shall include:
the establishment of the importer on the territory of that Member State;
a sufficient number and volume of import operations to justify the implementation of the procedure referred to in paragraph 2;
an appropriate record of compliance with the requirements of conservation and management measures;
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;
the existence of facilities with regard to the conduct of those checks and verifications;
where appropriate, practical standards of competence or professional qualifications directly related to the activities carried out; and
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.
The rules relating to the status of approved economic operator may be determined in accordance with the procedure referred to in Article 54(2).
Article 17
Verifications
Verifications shall be carried out, in any case, where:
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 requirements 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
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
an alert notice has been published pursuant to Article 23(1).
For the purpose of a verification, the competent authorities 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:
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 suggesting that the 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;
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.
Article 18
Refusal of importation
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:
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);
the products intended for importation are not the same as those mentioned in the catch certificate;
the catch certificate is not validated by the public authority of the flag State referred to in Article 12(3);
the catch certificate does not indicate all the required information;
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.
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:
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
they have not received a reply within the stipulated deadline; or
they have received a reply which does not provide pertinent answers to the questions raised in the request.
Article 19
Transit and transhipment
Article 20
Flag State notifications and cooperation with third countries
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:
it has in place national arrangements for the implementation, 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.
The Commission shall, where appropriate, cooperate administratively with third countries in areas pertaining to the implementation of the catch certification provisions 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).
Such cooperation shall aim to:
ensure that fishery products imported into the Community originate from catches made in compliance with applicable laws, regulations or conservation and management measures;
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 Commission or a body designated by it to verify the 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.
Article 21
Re-exportation
Article 22
Record keeping and dissemination
The Commission shall keep a record of States and their competent authorities notified in accordance with this Chapter which shall include:
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;
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).
CHAPTER IV
COMMUNITY ALERT SYSTEM
Article 23
Issuance of alerts
Article 24
Action following issuance of alerts
Upon receipt of the information communicated pursuant to Article 23(2), Member States shall, where appropriate, and in accordance with risk management:
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, where appropriate, of the documents referred to in Article 14, in accordance with the provisions laid down in Article 17;
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.
Where the Commission decides that in light of 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:
publish a notice to that effect on its website and in the Official Journal of the European Union annulling the earlier alert notice;
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
advise Member States through appropriate channels.
Where the Commission decides that in light of the conclusions of verifications carried out pursuant to paragraph 1, the well-founded doubt which motivated the alert notice remains, it shall, without delay:
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;
advise Member States through appropriate channels; and
where appropriate, refer the matter to the regional fisheries management organisation whose conservation and management measures might have been violated.
Where the Commission decides that in light of 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, regulations or international conservation and management measures, it shall, without delay:
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;
where appropriate, advise the third country other than the flag State as referred to in Article 14;
advise Member States through appropriate channels; and
where appropriate, refer the matter to the regional fisheries management organisation whose conservation and management measures might have been violated.
CHAPTER V
IDENTIFICATION OF FISHING VESSELS ENGAGED IN IUU FISHING
Article 25
Alleged IUU fishing
The Commission, or a body designated by it, shall compile and analyse:
all information on IUU fishing obtained in accordance with Chapters II, III, IV, VIII, X and XI; and/or
any other relevant information, as appropriate, such as:
the catch data;
trade information obtained from national statistics and other reliable sources;
vessel registers and databases;
regional fisheries management organisation catch documents or statistical document programmes;
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 organisations;
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;
any other relevant information obtained, inter alia, in the ports and on the fishing grounds.
Article 26
Presumed IUU fishing
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:
provide all information gathered by the Commission on alleged IUU fishing;
issue an official request to the flag State that it takes all the necessary measures to investigate the alleged IUU fishing and share the results of this investigation with the Commission on a timely basis;
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;
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 the fishing vessel's owners and, where appropriate, operators so as to ensure that such persons can be heard, in accordance with Article 27(2);
advise the flag State on the provisions in Chapters VI and VII.
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:
provide all information gathered by the Commission on alleged IUU fishing;
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 against the fishing vessel concerned be proven to be 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 fishing vessel's owners and, where appropriate, operators so as to ensure that such persons can be heard, in accordance with Article 27(2).
Article 27
Establishment of the Community IUU vessel list
The Commission shall request flag States with fishing vessels on the Community IUU vessel list to:
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.
Article 28
Removal of fishing vessels from the Community IUU vessel list
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:
the vessel did not engage in any of the IUU fishing activities for which it was placed on the list; or
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.
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.
The Commission shall only consider removing the fishing vessel from the list if:
the owner or the operator provides evidence as to the fact that the fishing vessel is no longer engaged in IUU fishing; or
the listed fishing vessel has sunk or has been scrapped.
In all other cases, the Commission shall only consider removing the fishing vessel from the list if the following conditions are fulfilled:
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
the fishing vessel concerned, its owner or operator, 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.
Article 29
Content, publicity and maintenance of the Community IUU vessel list
The Community IUU vessel list shall contain the following details for each fishing vessel:
name and previous names, if any;
flag and previous flags, if any;
owner and where relevant previous owners, including beneficial owners, if any;
operator and where relevant previous operators, if any;
call sign and previous call signs, if any;
Lloyds/IMO number, where available;
photographs, where available;
date of first inclusion on it;
summary of activities which justify inclusion of the vessel on it, together with references to all relevant documents informing of and evidencing those activities.
Article 30
IUU vessel lists adopted by regional fisheries management organisations
CHAPTER VI
NON-COOPERATING THIRD COUNTRIES
Article 31
Identification of non-cooperating third countries
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:
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
access of fisheries products stemming from IUU fishing to its market.
For the purposes of paragraph 3, the Commission shall take into account:
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;
whether the third country concerned has taken effective enforcement measures in respect of the operators responsible 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;
the history, nature, circumstances, extent and gravity of the manifestations of IUU fishing considered;
for developing countries, the existing capacity of their competent authorities.
For the purposes of paragraph 3, the Commission shall also consider the following elements:
the ratification of, or accession of the third countries 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;
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.
Article 32
Démarches in respect of countries identified as non-cooperating third countries
The Commission shall, without delay, notify countries concerned of the possibility of being identified as non-cooperating third countries in accordance with the criteria laid down in Article 31. It shall include in the notification the following information:
the reason or reasons for the identification with all available supporting evidence;
the opportunity to respond to the Commission in writing with regard to the identification decision and other relevant information, for example, evidence refuting the identification or, where appropriate, a plan of action to improve and the measures taken to rectify the situation;
the right to ask for, or to provide, additional information;
the consequences of its identification as non-cooperating third country, as provided in Article 38.
Article 33
Establishment of a list of non-cooperating third countries
Article 34
Removal from the list of non-cooperating third countries
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 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 of non-cooperating third countries to the FAO and to regional fisheries management organisations for the purposes of enhancing cooperation between the Community and those organisations aimed at preventing, deterring and eliminating IUU fishing.
Article 36
Emergency measures
The emergency measures referred to in paragraph 1 may include, inter alia, that:
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;
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;
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.
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):
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;
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 measures adopted by regional fisheries management 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;
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;
Member States shall refuse the granting of their flag to IUU fishing vessels;
the importation of fishery products caught by IUU fishing vessels shall be prohibited, and accordingly catch certificates accompanying such products shall not be accepted or validated;
the exportation and re-exportation of fishery products from IUU fishing vessels for processing shall be prohibited;
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 against that vessel and any legal or natural person concerned.
Article 38
Action in respect of non-cooperating third countries
The following measures shall apply to non-cooperating third countries:
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 relation to IUU fishing affecting a given stock or species, the prohibition of importation may only apply in respect of this stock or species;
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;
Member States shall not authorise the conclusion of chartering agreements with such countries for fishing vessels flying their flag;
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 partnership 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 into negotiations to conclude a bilateral fisheries agreement or fisheries partnership agreements with such countries;
the ownership, including as a beneficial owner as defined in Article 3, point (6), of Directive (EU) 2015/849 of the European Parliament and of the Council ( 2 ), operation or management by Union operators of fishing vessels flying the flag of such countries shall be prohibited. Union owners, including beneficial owners, of fishing vessels flying the flag of such countries shall request that those vessels be removed from the registry of such countries within two months of the publication of the list of non-cooperating third countries in accordance with Article 33 of this Regulation. Where the request cannot be made directly by the owners, including beneficial owners, they shall mandate a relevant natural or legal person empowered to act on their behalf to request such removal within the timeframe provided;
access to port services and the conduct of landing or transhipment operations in Union ports by fishing vessels flying the flag of such countries shall be prohibited.
CHAPTER VIII
NATIONALS
Article 39
Nationals supporting or engaged in IUU fishing
Article 40
Prevention and sanction
CHAPTER IX
IMMEDIATE ENFORCEMENT MEASURES, SANCTIONS AND ACCOMPANYING SANCTIONS
Article 41
Scope
This Chapter shall apply in relation to:
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;
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 means:
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, including the trade in/or the importation of fishery products;
the falsification of documents referred to in this Regulation or the use of such false or invalid documents.
Article 43
Immediate enforcement measures
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, in conformity with their national law and depending on the gravity of the infringement, take immediate enforcement measures such as in particular:
the immediate cessation of fishing activities;
the rerouting to port of the fishing vessel;
the rerouting of the transport vehicle to another location for inspection;
the ordering of a bond;
the seizure of fishing gear, catches or fisheries products;
the temporary immobilisation of the fishing vessel or transport vehicle concerned;
the suspension of the authorisation to fish.
Article 44
Sanctions for serious infringements
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.
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.
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.
Article 45
Accompanying sanctions
The sanctions provided for in this Chapter may be accompanied by other sanctions or measures, in particular:
the sequestration of the fishing vessel involved in the infringement;
the temporary immobilisation of the fishing vessel;
the confiscation of prohibited fishing gear, catches or fishery products;
the suspension or withdrawal of authorisation to fish;
the reduction or withdrawal of fishing rights;
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 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
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:
a power of representation of the legal person; or
an authority to take decisions on behalf of the legal person; or
an authority to exercise control within the legal person.
CHAPTER X
IMPLEMENTATION OF PROVISIONS ADOPTED WITHIN CERTAIN REGIONAL FISHERIES MANAGEMENT ORGANISATIONS PERTAINING TO FISHING VESSEL SIGHTINGS
Article 48
Sightings at sea
In the event that the master of a Community or a third 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:
the name and description of the fishing vessel;
the fishing vessel's call sign;
the registration number and, if appropriate, the Lloyds IMO number of the fishing vessel;
the flag State of the fishing vessel;
the position (latitude, longitude) at the time when first identified;
the date/time UTC when first identified;
a photograph or photographs of the fishing vessel to support the sighting;
any other relevant information regarding the observed activities of the fishing vessel concerned.
Article 49
Submission of information regarding sighted fishing vessels
Article 50
Investigation of sighted fishing vessels
CHAPTER XI
MUTUAL ASSISTANCE
Article 51
Mutual assistance
CHAPTER XII
FINAL PROVISIONS
Article 52
Implementation
The measures necessary for implementing the provisions of this Regulation shall be adopted in accordance with the procedure referred to in Article 54(2).
Article 53
Financial support
Member States may require the operators concerned to contribute to the costs linked to the implementation of this Regulation.
Article 54
Committee procedure
Article 54a
Annexes and documents
The Commission is empowered to adopt delegated acts in accordance with Article 54b amending Annex I, Annex II, including the Appendix thereto, and Annex IV, as well as supplementing this Regulation by adopting and keeping up to date a template for the document referred to in Article 14(1), point (b)(ii), in order to take into account international developments in catch documentation schemes, scientific developments and technical progress, including adaptations for the purpose of the implementation of CATCH. The Commission is also empowered to adopt delegated acts in accordance with Article 54b amending Annex I each year on the basis of the information collected under Chapters II, III, IV, V, VIII, X and XII.
Article 54b
Exercise of the delegation
Article 55
Reporting obligations
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.
References to the repealed Regulations shall be construed as references to this Regulation.
Article 57
Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
List of products excluded from the definition of ‘fishery products’ set out in point 8 of Article 2
ex Chapter 3 ex 16 04 ex 16 05 |
Aquaculture products obtained from fry or larvae |
0302 91 00 ex 0302 99 00 0303 91 10 0303 91 90 ex 0303 99 00 0305 20 00 0305 72 00 ex 0305 79 00 ex 16 04 |
Livers, roes, milt, fish fins (with exception to fins of fish of the class Chondrichthyes), heads, tails, maws and other edible fish offal |
0301 11 00 0301 19 00 |
Ornamental fish, live |
ex 0301 91 |
Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), live, caught in freshwater |
ex 0301 92 |
Eels (Anguilla spp.), live, caught in freshwater |
0301 93 00 |
Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), live |
ex 0301 99 11 |
Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), live, caught in freshwater |
0301 99 17 |
Other freshwater fish, live |
ex 0302 11 |
Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
ex 0302 13 00 |
Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
ex 0302 14 00 |
Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
ex 0302 19 00 |
Other Salmonidae, fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
0302 71 00 |
Tilapias (Oreochromis spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |
0302 72 00 |
Catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |
0302 73 00 |
Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |
ex 0302 74 00 |
Eels (Anguilla spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
0302 79 00 |
Nile perch (Lates niloticus) and snakeheads (Channa spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |
0302 89 10 |
Other freshwater fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |
ex 0303 11 00 |
Sockeye salmon (red salmon) (Oncorhynchus nerka), frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
ex 0303 12 00 |
Other Pacific salmon (Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
ex 0303 13 00 |
Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
ex 0303 14 |
Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
ex 0303 19 00 |
Other salmonidae, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
0303 23 00 |
Tilapias (Oreochromis spp.), frozen, excluding fish fillets and other fish meat of heading 0304 |
0303 24 00 |
Catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), frozen, excluding fish fillets and other fish meat of heading 0304 |
0303 25 00 |
Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), frozen, excluding fish fillets and other fish meat of heading 0304 |
ex 0303 26 00 |
Eels (Anguilla spp.), frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
0303 29 00 |
Nile perch (Lates niloticus) and snakeheads (Channa spp.), frozen, excluding fish fillets and other fish meat of heading 0304 |
0303 89 10 |
Other freshwater fish, frozen, excluding fish fillets and other fish meat of heading 0304 |
0304 31 00 |
Fresh or chilled fillets of tilapias (Oreochromis spp.) |
0304 32 00 |
Fresh or chilled fillets of catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.) |
0304 33 00 |
Fresh or chilled fillets of Nile perch (Lates niloticus) |
ex 0304 39 00 |
Fresh or chilled fillets of carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), caught in freshwater, and snakeheads (Channa spp.) |
ex 0304 41 00 |
Fresh or chilled fillets of Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), caught in freshwater |
ex 0304 42 |
Fresh or chilled fillets of trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), caught in freshwater |
0304 49 10 |
Fresh or chilled fillets of other freshwater fish |
ex 0304 51 00 |
Fish meat (whether or not minced) other than fish fillets, fresh or chilled, of tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), caught in freshwater, Nile perch (Lates niloticus) and snakeheads (Channa spp.) |
ex 0304 52 00 |
Fish meat (whether or not minced) other than fish fillets, fresh or chilled, of salmonidae, caught in freshwater |
0304 59 10 |
Fish meat (whether or not minced) other than fish fillets, fresh or chilled, of other freshwater fish |
0304 61 00 |
Frozen fillets of tilapias (Oreochromis spp.) |
0304 62 00 |
Frozen fillets of catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.) |
0304 63 00 |
Frozen fillets of Nile perch (Lates niloticus) |
ex 0304 69 00 |
Frozen fillets of carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), caught in freshwater, and snakeheads (Channa spp.) |
ex 0304 81 00 |
Frozen fillets of Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), caught in freshwater |
ex 0304 82 |
Frozen fillets of trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), caught in freshwater |
0304 89 10 |
Frozen fillets of other freshwater fish |
ex 0304 93 |
Fish meat (whether or not minced) other than fish fillets, frozen, of tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), caught in freshwater, Nile perch (Lates niloticus) and snakeheads (Channa spp.) |
0304 99 21 |
Fish meat (whether or not minced) other than fish fillets, frozen, of other freshwater fish |
ex 0305 31 00 |
Fish fillets, dried, salted or in brine, but not smoked, of tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), caught in freshwater, Nile perch (Lates niloticus) and snakeheads (Channa spp.) |
ex 0305 39 10 |
Fish fillets, salted or in brine, but not smoked, of Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), caught in freshwater |
ex 0305 39 90 |
Fish fillets, dried, salted or in brine, but not smoked, of other freshwater fish |
ex 0305 41 00 |
Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), smoked, including fillets, caught in freshwater |
ex 0305 43 00 |
Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), smoked, including fillets, caught in freshwater |
ex 0305 44 10 |
Eels (Anguilla spp.), smoked, including fillets, caught in freshwater |
0305 44 90 |
Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.), smoked, including fillets |
ex 0305 49 80 |
Other freshwater fish, smoked, including fillets |
ex 0305 52 00 |
Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), caught in freshwater, Nile perch (Lates niloticus) and snakeheads (Channa spp.), dried, whether or not salted but not smoked |
ex 0305 59 85 |
Other freshwater dried fish, whether or not salted but not smoked |
ex 0305 64 00 |
Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), caught in freshwater, Nile perch (Lates niloticus) and snakeheads (Channa spp.), in brine or salted but not dried or smoked |
ex 0305 69 50 |
Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), in brine or salted but not dried or smoked, caught in freshwater |
ex 0305 69 80 |
Other freshwater fish, in brine or salted but not dried or smoked |
0306 19 10 |
Freshwater crayfish, frozen |
ex 0306 31 00 |
Rock lobster and other sea crawfish (Palinurus spp., Panulirus spp., Jasus spp.), ornamental live |
ex 0306 32 10 |
Lobsters (Homarus spp.), ornamental live |
ex 0306 33 10 ex 0306 33 90 |
Crabs, ornamental live |
ex 0306 34 00 |
Norway lobsters (Nephrops norvegicus), ornamental live |
ex 0306 35 50 ex 0306 35 90 |
Cold-water shrimps and prawns (Pandalus spp., Crangon crangon), ornamental live |
ex 0306 36 10 |
Shrimps of the family Pandalidae, other than of the genus Pandalus, ornamental live |
ex 0306 36 50 |
Shrimps of the genus Crangon, other than of the species Crangon crangon, ornamental, live |
ex 0306 36 90 |
Other shrimps and prawns, ornamental live |
0306 39 10 |
Freshwater crayfish, live, fresh or chilled |
ex 0306 39 90 |
Other crustaceans, ornamental live; crustaceans caught in freshwater |
0306 99 10 |
Freshwater crayfish, dried, salted or in brine; smoked, whether in shell or not, whether or not cooked before or during the smoking process |
0307 11 10 0307 11 90 0307 12 00 0307 19 00 |
Oysters, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked oysters, whether in shell or not, whether or not cooked before or during the smoking process |
0307 21 10 |
Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, whether in shell or not, live, fresh or chilled |
0307 21 90 |
Other scallops and other molluscs of the family Pectinidae, whether in shell or not, live, fresh or chilled |
0307 22 10 0307 22 90 |
Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, whether in shell or not, frozen |
0307 22 95 |
Other scallops and other molluscs of the family Pectinidae, whether in shell or not, frozen |
0307 29 10 |
Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, whether in shell or not, dried, salted or in brine; smoked, whether in shell or not, whether or not cooked before or during the smoking process |
0307 29 90 |
Other scallops and other molluscs of the family Pectinidae, whether in shell or not, dried, salted or in brine; smoked, whether in shell or not, whether or not cooked before or during the smoking process |
0307 31 10 0307 31 90 0307 32 10 0307 32 90 0307 39 20 0307 39 80 |
Mussels (Mytilus spp., Perna spp.), whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked mussels, whether in shell or not, whether or not cooked before or during the smoking process |
ex 0307 42 |
Cuttle fish and squid, ornamental live |
ex 0307 51 00 |
Octopus (Octopus spp.), ornamental live |
0307 60 00 |
Snails, other than sea snails, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked snails, other than sea snails, whether in shell or not, whether or not cooked before or during the smoking process |
0307 71 00 0307 72 10 0307 72 90 0307 79 00 |
Clams, cockles and ark shells (families Arcidae, Arcticidae, Cardiidae, Donacidae, Hiatellidae, Mactridae, Mesodesmatidae, Myidae, Semelidae, Solecurtidae, Solenidae, Tridacnidae and Veneridae), whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked clams, cockles and ark shells, whether in shell or not, whether or not cooked before or during the smoking process |
ex 0307 81 00 ex 0307 82 00 |
Abalone (Haliotis spp.) and stromboid conchs (Strombus spp.), ornamental live |
0307 91 00 0307 92 00 0307 99 00 |
Other molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; other smoked molluscs, whether in shell or not, whether or not cooked before or during the smoking process |
ex 0308 11 00 ex 0308 21 00 ex 0308 30 80 ex 0308 90 10 |
Aquatic invertebrates other than crustaceans and molluscs, ornamental live; freshwater aquatic invertebrates other than crustaceans and molluscs |
0308 30 50 0308 30 80 |
Jellyfish (Rhopilema spp.) |
0308 90 10 0308 90 50 0308 90 90 |
Other aquatic invertebrates other than crustaceans and molluscs |
0309 10 00 0309 90 00 |
Flours, meals and pellets of fish, crustaceans, molluscs and other aquatic invertebrates, fit for human consumption |
ex 1604 11 00 |
Salmon, caught in freshwater, prepared or preserved, whole or in pieces, but not minced |
ex 1604 17 00 |
Eels, caught in freshwater, prepared or preserved, whole or in pieces, but not minced |
ex 1604 19 10 |
Salmonidae, other than salmon, caught in freshwater, prepared or preserved, whole or in pieces, but not minced |
ex 1604 19 91 |
Fillets of freshwater fish, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, frozen |
ex 1604 19 97 |
Other freshwater fish, prepared or preserved, whole or in pieces, but not minced, other than fish fillets, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, frozen |
ex 1604 20 10 |
Salmon, caught in freshwater, otherwise prepared or preserved (other than whole or in pieces, but not minced) |
ex 1604 20 30 |
Salmonidae, other than salmon, caught in freshwater, otherwise prepared or preserved (other than whole or in pieces, but not minced) |
ex 1604 20 90 |
Other freshwater fish, otherwise prepared or preserved (other than whole or in pieces, but not minced) |
1604 32 00 |
Caviar substitutes |
ex 1605 40 00 |
Freshwater crayfish, prepared or preserved |
1605 51 00 |
Oysters, prepared or preserved |
1605 52 00 |
Scallops, including queen scallops, prepared or preserved |
1605 53 10 1605 53 90 |
Mussels, prepared or preserved |
1605 56 00 |
Clams, cockles and ark shells, prepared or preserved |
1605 58 00 |
Snails, other than sea snails, prepared or preserved |
ex 1605 59 00 |
Other molluscs (except stromboid conchs (Strombus spp.)), prepared or preserved |
1605 63 00 |
Jellyfish, prepared or preserved |
1605 69 00 |
Other aquatic invertebrates, prepared or preserved |
ANNEX II
European Community Catch Certificate and Re-export Certificate
Appendix
Transport details
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:
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 ►C1 Article 12 ◄ 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.
ANNEX IV
Statement under Article 14(2) of Council ►C1 Regulation (EC) No 1005/2008 ◄ of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing
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:
…
( 1 ) Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).
( 2 ) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
( 3 ) OJ L 123, 12.5.2016, p. 1.