ISSN 1725-2555

Official Journal

of the European Union

L 286

European flag  

English edition

Legislation

Volume 51
29 October 2008


Contents

 

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

page

 

 

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

1

 

*

Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94

33

 

 

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

 

 

DECISIONS

 

 

Council

 

*

Council Decision of 8 July 2008 on the signing and provisional application of a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

45

Protocol to the stabilisation and association agreement between the European communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

46

 

 

 

*

Note to the reader (see page 3 of the cover)

s3

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


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

REGULATIONS

29.10.2008   

EN

Official Journal of the European Union

L 286/1


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 Community, 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 Food and Agriculture Organization of the United 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.

(2)

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 to ensure exploitation of living aquatic resources that provides sustainable economic, environmental and social conditions.

(3)

Illegal, unreported and unregulated (IUU) fishing constitutes one of the most serious threats 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.

(4)

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.

(6)

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, the sustainability of fish stocks and the socioeconomic situation of fishermen abiding by the rules on conservation and management of fisheries resources.

(7)

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.

(8)

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 (4) provisions to this end should be inserted in this Regulation.

(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 Community 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.

(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 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.

(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.

(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.

(14)

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

(15)

It is appropriate that, under this scheme, a certificate be required as a precondition for the import of fishery 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.

(16)

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 requirements should therefore apply with respect 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.

(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.

(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.

(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.

(20)

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 final destination in order to improve their efficiency.

(21)

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.

(22)

It is essential that 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, the Community Fisheries Control Agency, third 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 information 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 the alleged infringement, those fishing vessels should be subject to specific control and inspection requirements by Member States.

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

(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.

(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 management organisations should automatically be included in the corresponding list drawn up by the Commission.

(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.

(31)

To this end, in addition to its action at international and regional levels, the Community should be entitled to identify those non-cooperating States, on the basis of transparent, clear and objective criteria relying on international 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)

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.

(33)

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 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.

(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 in the non-deterrent level of 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 as to foresee immediate enforcement measures and complementary measures.

(35)

In addition to behaviour constitutive of a serious infringement 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.

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

(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 for the exercise of implementing powers conferred on the Commission (5).

(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 conservation of the marine environment. Given its restricted scope, the implementation of this Regulation must build upon, and be 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 (6), which is fully applicable to the processing of personal data for the purposes of this Regulation, in particular as regards the rights of data 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.

(43)

The entry into force of provisions of this Regulation on matters covered by Council Regulations (EEC) No 2847/93, (EC) No 1093/94 (7), (EC) No 1447/1999 (8), (EC) No 1936/2001 (9) and (EC) No 601/2004 (10) should result in the repeal of parts or the entirety of those Regulations,

HAS ADOPTED THIS REGULATION:

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 contravention of its laws and regulations;

(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 management measures adopted by that organisation and by which those States are bound, or of relevant provisions of the applicable international law; or

(c)

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;

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 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;

4.

‘unregulated fishing’ means fishing activities:

(a)

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

(b)

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;

5.

‘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;

6.

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

7.

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

8.

‘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 (11), with the exception of the products listed in Annex I of this Regulation;

9.

‘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 the Community, including for transhipment purposes at ports in its territory;

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;

13.

‘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;

14.

‘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;

15.

‘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;

16.

‘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;

17.

‘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);

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.

‘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;

21.

‘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;

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);

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.

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

(b)

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

(c)

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

(d)

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

(e)

used prohibited or non-compliant fishing gear; or

(f)

falsified or concealed its markings, identity or registration; or

(g)

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

(h)

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

(i)

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

(j)

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

(k)

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

(l)

no nationality and is therefore a stateless vessel, in accordance with international law.

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.

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

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 subsequent changes to this list shall be notified to the Commission at least 15 days before the change takes effect.

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

Article 6

Prior notice

1.   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:

(a)

vessel identification;

(b)

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

(c)

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

(d)

dates of the fishing trip;

(e)

estimated date and time of arrival at port;

(f)

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

(g)

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

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

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 representative 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).

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.

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 management 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.

2.   Inspections shall involve the monitoring of 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. Officials shall indicate in the logbook that an inspection has been made.

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 the evidence pertaining to such suspected infringement;

(c)

immediately forward the inspection report to the competent authority.

2.   If the results of the inspection provide evidence that a third 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.

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 the Commission or 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 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.

CHAPTER III

CATCH CERTIFICATION SCHEME FOR IMPORTATION AND EXPORTATION OF FISHERY PRODUCTS

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 13

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, 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).

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

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 condition, and remained under the surveillance of the 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

indicating the conditions under which the fishery products remained in 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.

2.   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:

(a)

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

(b)

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)

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

(ii)

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.

3.   The documents and the statement set out in paragraphs (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).

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).

2.   Flag Member States shall notify to the Commission their 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.

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

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.

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

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)

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

(b)

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

(c)

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 to Article 23(1).

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

6.   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:

(a)

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;

(b)

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.

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

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 paragraphs (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);

(d)

the catch certificate does not indicate all the required information;

(e)

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

(f)

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;

(g)

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)

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

(b)

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

(c)

they have not received a reply within the stipulated deadline; or

(d)

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

3.   In the event that the importation of fishery products is 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.

Article 19

Transit and transhipment

1.   Where, at the point of entry into the territory of the 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.

2.   Where, at the point of entry into the territory of the 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.

3.   Where, at the point of entry into the territory of 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 and destination, as soon as possible this information is known and prior to the anticipated date of arrival in the port of destination.

Article 20

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)

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;

(b)

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.

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

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.

4.   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:

(a)

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

(b)

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;

(c)

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;

(d)

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.

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:

(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 flag States authorities in charge of the validation and the verification of catch certificates available by electronic means to the authorities in the Member States responsible for the validation and verification of catch certificates.

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

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

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 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.

2.   The Commission shall communicate the information 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.

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)

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;

(b)

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;

(c)

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;

(d)

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 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:

(a)

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

(b)

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

(c)

advise Member States through appropriate channels.

4.   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:

(a)

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

(b)

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 management measures might have been violated.

5.   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:

(a)

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

(b)

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 management 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:

(a)

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

(b)

any other relevant information, as appropriate, such as:

(i)

the catch data;

(ii)

trade information obtained from national statistics and other reliable sources;

(iii)

vessel registers and databases;

(iv)

regional fisheries management organisation catch documents or statistical document programmes;

(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 organisations;

(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 Commission, 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 and share the results of this investigation with the Commission on a timely basis;

(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;

(d)

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);

(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)

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;

(c)

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;

(d)

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).

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.

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.

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.

4.   The obligations imposed on the Commission by paragraphs 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.

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.

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

(a)

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

(b)

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.

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

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.

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.

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

(b)

the listed fishing vessel has sunk or has been scrapped.

3.   In all other cases, the Commission shall only consider removing the fishing vessel from the list if the following conditions are fulfilled:

(a)

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

(b)

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

(c)

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

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, including beneficial owners, if any;

(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 management organisations for the purposes of enhancing cooperation between the Community and these organisations aimed at preventing, deterring and eliminating IUU fishing.

Article 30

IUU vessel lists adopted by regional fisheries management organisations

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

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, catch documents or 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.

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.

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:

(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

(b)

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

5.   For the purposes of paragraph 3, the Commission shall take into account:

(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)

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;

(c)

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

(d)

for developing countries, the existing capacity of their competent authorities.

6.   For the purposes of paragraph 3, the Commission shall also consider the following elements:

(a)

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;

(b)

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;

(c)

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.

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

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

1.   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:

(a)

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

(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 identification or, where appropriate, a plan of action to improve and the measures taken to rectify the situation;

(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 it has received the notification.

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

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.

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.

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.

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.

2.   Following a decision taken pursuant to paragraph 1 of this 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 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

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 Commission shall be entitled to adopt, in line with its 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)

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;

(d)

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

(e)

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.

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

2.

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

3.

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;

4.

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;

5.

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;

6.

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;

7.

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 certificates 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 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:

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 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.

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

3.

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 chartering agreements with such countries for fishing vessels flying their flag;

5.

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

6.

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;

7.

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;

8.

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;

9.

the Commission shall not enter into negotiations to conclude a bilateral fisheries agreement or fisheries partnership agreements with such countries.

CHAPTER VIII

NATIONALS

Article 39

Nationals supporting or engaged in IUU fishing

1.   Nationals subject to the jurisdiction of Member States (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 accordance with national and Community law, in order to identify nationals supporting or engaged in IUU fishing.

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.

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.

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.

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.

CHAPTER IX

IMMEDIATE ENFORCEMENT MEASURES, SANCTIONS AND ACCOMPANYING SANCTIONS

Article 41

Scope

This Chapter shall apply in relation to:

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;

2.

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

3.

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

1.   For the purpose of this Regulation, serious infringement means:

(a)

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

(b)

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

(c)

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

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

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, in conformity with their national law and depending on the gravity of the infringement, take immediate enforcement measures such as in particular:

(a)

the immediate cessation of fishing activities;

(b)

the rerouting to port of the fishing vessel;

(c)

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

(d)

the ordering of a bond;

(e)

the seizure of fishing gear, catches or fisheries products;

(f)

the temporary immobilisation of the fishing vessel or transport vehicle concerned;

(g)

the suspension of the authorisation to fish.

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.

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.

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

Article 45

Accompanying sanctions

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

1.

the sequestration of the fishing vessel involved in the infringement;

2.

the temporary immobilisation of the fishing vessel;

3.

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

4.

the suspension or withdrawal of authorisation to fish;

5.

the reduction or withdrawal of fishing rights;

6.

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

7.

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

8.

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

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:

(a)

a power of representation of the legal person; or

(b)

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

(c)

an authority to exercise control within the legal person.

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.

3.   Liability of a legal person shall not exclude proceedings against natural persons who are perpetrators, instigators or accessories in the infringements concerned.

CHAPTER X

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

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.

2.   In the event that a Member State's competent authority 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.

3.   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:

(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;

(d)

the flag State of the fishing vessel;

(e)

the position (latitude, longitude) at the time when first identified;

(f)

the date/time UTC when first identified;

(g)

a photograph or photographs of the fishing vessel to support the sighting;

(h)

any other relevant information regarding the observed activities of the fishing vessel concerned.

4.   Sighting reports 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 the fishing vessel 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 the relevant regional fisheries management organisations for further action in accordance with the measures adopted by those organisations.

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 management 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.

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

Article 49

Submission of information regarding sighted fishing vessels

1.   Member States which obtain suitably documented information regarding sighted fishing vessels shall transmit 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).

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.

Article 50

Investigation of sighted fishing vessels

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 Commission 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 the body designated by it shall communicate to all the Member States the information received in accordance with paragraphs 2 and 3.

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 organisations to which the Community is a contracting party.

CHAPTER XI

MUTUAL ASSISTANCE

Article 51

Mutual assistance

1.   The administrative authorities responsible for implementation 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

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

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.

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.

Done at Brussels, 29 September 2008.

For the Council

The President

M. BARNIER


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

(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.

(4)  OJ L 261, 20.10.1993, p. 1.

(5)  OJ L 184, 17.7.1999, p. 23.

(6)  OJ L 8, 12.1.2001, p. 1.

(7)  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).

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

(9)  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).

(10)  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).

(11)  OJ L 256, 7.9.1987, p. 1.


ANNEX I

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

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


ANNEX II

European Community Catch Certificate and Re-export Certificate

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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)

register fishing vessels under their flag;

(b)

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

(c)

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

(d)

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

(e)

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);

(f)

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

(g)

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 Regulation (EC) No …/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):

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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:

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Endorsement by the competent authority:

……………………………………..

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29.10.2008   

EN

Official Journal of the European Union

L 286/33


COUNCIL REGULATION (EC) No 1006/2008

of 29 September 2008

concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1)

Council Regulation (EC) No 3317/94 of 22 December 1994 laying down general provisions concerning the authorisation of fishing in the waters of a third country under a fisheries agreement1 establishes the procedure for the authorisation of fishing activities of Community fishing vessels in the waters under the jurisdiction of third countries, pursuant to fisheries agreements concluded between the Community and third countries. The procedure established in that Regulation is no longer considered to serve the needs with regard to international obligations deriving from bilateral fisheries agreements and multilateral agreements and conventions adopted in the framework of regional fisheries management organisations (RFMO) or similar arrangements. Moreover, the Regulation no longer suffices to serve the objectives of the Common Fisheries Policy (CFP), in particular with regard to sustainable fisheries and control.

(2)

Following the 2006-2008 Action plan for simplifying and improving the Common Fisheries Policy, presented in the Communication from the Commission to the Council and Parliament of 8 December 2005, and the changed circumstances for fisheries outside Community waters since the adoption of Regulation (EC) No 3317/94, and in order to comply with international obligations, it is necessary to introduce a general Community system for the authorisation of all fishing activities of Community fishing vessels outside Community waters. Moreover, the rules for access of fishing vessels flying the flag of a third country to Community waters, as currently laid down in other different legal instruments, should be redefined and, as far as appropriate, aligned with the rules applicable to Community fishing vessels.

(3)

Community fishing vessels should be allowed to engage in fishing activities outside Community waters only after having been authorised by the competent authority responsible for the authorisation of the fishing activities concerned, such as the competent authority of the third country in whose waters the fishing activities take place, the authority competent for authorising fishing activities in international waters covered by provisions adopted in the framework of an RFMO or similar arrangement, or, where it concerns fishing activities on the high seas not regulated by any agreement, the competent authorities of the Member States without prejudice to specific Community legislation concerning fishing activities on the high-seas.

(4)

It is important to clearly spell out the responsibilities of the Commission and Member States regarding the procedure for the authorisation of fishing activities of Community fishing vessels outside Community waters. In this respect the Commission should be in a position to ensure that international obligations and provisions of the CFP are complied with, that the requests for transmission of applications are complete and that they are transmitted in accordance with the deadlines established under the agreements concerned.

(5)

Community fishing vessels should be considered eligible for authorisation for any fishing activity outside Community waters only in so far as a number of criteria related to the international obligations entered into by the Community as well as to the rules and objectives of the CFP are satisfied.

(6)

Where the Council procedure for adopting a decision on the provisional application of a new protocol to a bilateral fisheries agreement with a third country allocating the fishing opportunities between the Member States cannot be finalised before the date of this provisional application the Commission should be allowed, on a temporary basis, in order to avoid any interruption of fishing activities by Community vessels, to transmit to the third country applications for fishing authorisations in the six months following the expiry of the previous protocol.

(7)

In order to ensure that the fishing opportunities available to the Community under the Fisheries Partnership Agreements are used in full, it is necessary that the Commission be empowered to temporarily reallocate fishing opportunities not used by one Member State to another Member State, without affecting the allocation or the exchange of fishing opportunities amongst the Member States under the protocol in question.

(8)

Fisheries Partnership Agreements are those agreements as referred to in the Council conclusions of 15 July 2004 and which, at the time of their conclusion or provisional application, were described as such by the Council.

(9)

Provisions on control of utilisation of fishing opportunities allocated to Community fishing vessels outside Community waters and of fishing opportunities allocated to third country fishing vessels within Community waters should be aligned and should allow for timely action to prevent Member States and third countries from exceeding those opportunities.

(10)

For the consistent and effective prosecution of infringements, the possibility should be provided to make full use of inspection and surveillance reports drawn up by Commission inspectors, Community inspectors, inspectors of Member States and of third countries.

(11)

All data relating to the fishing activities of Community fishing vessels outside Community waters pursuant to fisheries agreements, should be up-to-date and, as far as appropriate, accessible to the Member States and third countries concerned. For this purpose, it is necessary to establish a Community fishing authorisation information system.

(12)

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 for the exercise of implementing powers conferred on the Commission (1). Those rules may also provide for exemptions from the obligations laid down in this Regulation where those obligations would create a disproportionate burden compared to the economic importance of the activity and, for the sake of efficiency, such exemptions should be adopted by the management procedure set out in Article 4 of Decision 1999/468/EC.

(13)

Regulation (EC) No 3317/94 as well as the provisions relating to access of third country fishing vessels to Community waters set out in Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits (2) and Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (3), should be repealed,

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Scope and objectives

This Regulation establishes provisions concerning:

(a)

the authorisation for Community fishing vessels to engage in the following fishing activities:

(i)

in the waters under the sovereignty or jurisdiction of a third country in the framework of a fisheries agreement concluded between the Community and that country; or

(ii)

falling under the scope of conservation and management measures adopted in the framework of a regional fisheries management organisation or similar arrangement to which the Community is a contracting party or non-contracting cooperating Party, hereinafter referred to as ‘RFMO’; or

(iii)

outside Community waters not falling under the scope of a fisheries agreement or a RFMO;

(b)

the authorisation for third country fishing vessels to engage in fishing activities in Community waters;

and the reporting obligations relating to the authorised activities.

Article 2

Definitions

For the purpose of this Regulation:

(a)

‘agreement’ means a fisheries agreement concluded or for which a decision of provisional application has been adopted in accordance with Article 300 of the Treaty;

(b)

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

(c)

‘fishing activities’ means the catching, retaining on board, processing and transferring of fish;

(d)

‘Community fishing vessel’ means a Community fishing vessel as referred to in Article 3(d) of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (4);

(e)

‘Community fleet register’ means the Community fishing fleet register as referred to in Article 15(3) of Regulation (EC) No 2371/2002;

(f)

‘fishing opportunity’ means the fishing opportunity as defined in Article 3(q) of Regulation (EC) No 2371/2002;

(g)

‘authorising authority’ means the authority responsible for the authorisation of fishing activities of Community fishing vessels under an agreement or the authorisation of third country fishing vessels in Community waters;

(h)

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

(i)

‘fishing effort’ means the fishing effort as defined in Article 3(h) of Regulation (EC) No 2371/2002;

(j)

‘electronic transmission’ means the transfer of data in electronic format, with the contents, format and protocol established by the Commission or agreed upon by the parties to an agreement;

(k)

‘fishing category’ means a subdivision of the fleet based on criteria such as, in particular, the type of vessels, the type of fishing activities and the fishing gear deployed;

(l)

‘serious infringement’ means a serious infringement as defined in Council Regulation (EC) No 1447/1999 of 24 June 1999 establishing a list of types of behaviour which seriously infringe the rules of the common fisheries policy (5), or a serious infringement or serious violation under the agreement concerned;

(m)

‘IUU list’ means the list of fishing vessels engaged in illegal, unreported and unregulated fishing and identified in the framework of a RFMO or by the Commission under Council Regulation (EC) No …/… of …2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (6);

(n)

‘Community fishing authorisation information system’ means the information system established by the Commission in accordance with Article 12;

(o)

‘third country fishing vessel’ means a vessel:

which, whatever its dimensions, is used primarily or secondarily to take fishery products,

which, even if not used to make catches by its own means, takes fishery products by transhipment from other vessels, or

on board of which fishery products are subject to one or more of the following operations prior to packaging: filleting or slicing, skinning, mincing, freezing and/or processing;

and which flies the flag of, and/or is registered in, a third country.

CHAPTER II

FISHING ACTIVITIES BY COMMUNITY FISHING VESSELS OUTSIDE COMMUNITY WATERS

SECTION I

General provisions

Article 3

General provision

Only Community fishing vessels for which a fishing authorisation has been issued in accordance with this Regulation shall be entitled to engage in fishing activities outside Community waters.

SECTION II

Authorisations for fishing activities within the framework of agreements

Article 4

Submission of applications

1.   At the latest five working days before the deadline for the transmission of applications laid down in the agreement concerned or, in the absence of a deadline in the agreement, at the latest in accordance with the arrangement set out in the agreement and without prejudice to specific provisions contained in Community legislation, Member States shall submit to the Commission, through electronic transmission, the applications for fishing authorisations for the fishing vessels concerned.

2.   The applications referred to in paragraph 1 shall contain the Community fleet register identification number and international radio call sign of the vessel and any other data required under the agreement concerned, or prescribed in accordance with the procedure referred to in Article 27(2).

Article 5

Eligibility criteria

1.   Member States shall only submit to the Commission applications for a fishing authorisation for fishing vessels flying their flag:

(a)

which are already carrying out fishing activities and which during the previous 12 months of fishing activities under the agreement concerned or, in case of a new agreement, under the agreement that preceded it, have, where appropriate, fulfilled the conditions under the agreement for that period;

(b)

which during the 12 months prior to the application for the fishing authorisation, have been subject to sanction proceedings for serious infringements or have been considered suspected of such breaches according to the national law of the Member State and/or where the owner of the vessel has changed and the new owner provides guarantees that the conditions will be fulfilled;

(c)

which are not included in an IUU list;

(d)

for which the data contained in the Community fleet register and the Community fishing authorisation information system is complete and accurate;

(e)

which have a fishing licence as referred to in Commission Regulation (EC) No 1281/2005 of 3 August 2005 on the management of fishing licences and the minimal information to be contained therein (7);

(f)

for which the data required under the agreement concerned is available and accessible for the authorising authority; and

(g)

for which the applications for a fishing authorisation are in accordance with the agreement concerned and this Regulation.

2.   Each Member State shall ensure that the applications for fishing authorisations for which it requests transmission are commensurate with the fishing opportunities available to that Member State under the agreement concerned.

Article 6

Transmission of applications

1.   The Commission shall transmit the applications to the authorising authority concerned within five working days after receipt of the request from the Member State and in accordance with this Article.

2.   The Commission shall examine the requests for transmission of applications, taking into account:

(a)

the fishing opportunities allocated to each Member State by the Council on the basis of Article 20 of Regulation (EC) No 2371/2002 or Article 37 of the Treaty; and

(b)

the conditions laid down in the agreement concerned and in this Regulation.

3.   The Commission shall verify that:

(a)

the conditions laid down in Article 5 are complied with; and

(b)

the applications for fishing authorisations for which transmission is requested by the Member State concerned are commensurate with the fishing opportunities available under the agreement concerned, taking into account the applications of all Member States.

Article 7

Non-transmission of applications

1.   The Commission shall not transmit to the authorising authority applications, with regard to which:

(a)

the data provided by the Member State in accordance with Article 4(2) is incomplete for the vessel concerned;

(b)

the fishing opportunities of the Member State concerned are insufficient, taking into consideration the technical specifications of the agreement concerned and the applications submitted by the Member State;

(c)

the conditions laid down in the agreement concerned and in this Regulation are not complied with.

2.   In case of non-transmission of one or more applications, the Commission shall without delay inform the Member State concerned thereof, and shall state its reasons.

If the Member State disagrees with the reasons stated by the Commission, it shall transmit to the Commission any information or documents supporting its objection within five working days. The Commission shall review the application in the light of this information.

Article 8

Information

1.   The Commission shall inform the flag Member State without delay, by electronic transmission, of the fishing authorisation granted by the authorising authority, or of the decision by the authorising authority not to issue a fishing authorisation for a particular fishing vessel.

Where required under, or pursuant to, an agreement, the accompanying and original paper documents shall be sent by paper transmission and/or by electronic means.

2.   The flag Member States shall immediately inform the owners of the fishing vessels concerned of the information received in accordance with paragraph 1.

3.   If an authorising authority informs the Commission that it has decided to suspend or withdraw a fishing authorisation issued for a Community fishing vessel under an agreement, the Commission shall immediately inform, by electronic transmission, the flag Member State of that vessel. The flag Member State shall immediately transmit that information to the owner of that vessel.

4.   The Commission shall carry out checks to establish the compatibility of the decision to refuse or suspend a fishing authorisation with the agreement concerned, in consultation with the flag Member State and the relevant authorising authority, and shall inform them both of the outcome.

Article 9

Continuity of fishing activities

1.   Where:

the protocol to a bilateral fisheries agreement with a third country which sets out the fishing opportunities provided for in that agreement has expired, and

a new protocol has been initialled by the Commission but a decision has not yet been adopted on its conclusion or on its provisional application;

the Commission may, during a period of six months from the expiration date of the previous protocol and without prejudice to the competence of the Council to decide on the conclusion or provisional application of the new protocol, transmit applications for fishing authorisations to the third country concerned in accordance with this Regulation.

2.   In accordance with the rules set out under the fisheries agreement concerned, Community vessels authorised to engage in fishing activities under that agreement may, at the expiration date of the fishing authorisations, continue to fish under the agreement for a maximum period of six months after the expiration date, provided that scientific advice allows for this.

3.   In this context, the Commission shall apply the method of allocating fishing opportunities in force in the previous protocol for paragraph 1, and in the existing protocol for paragraph 2.

Article 10

Underutilisation of fishing opportunities in the context of Fisheries Partnership Agreements

1.   In the context of a Fisheries Partnership Agreement if, on the basis of the requests for transmission of applications referred to in Article 4 of this Regulation, it appears that the number of fishing authorisations or the amount of fishing opportunities allocated to the Community under an agreement are not fully utilised, the Commission shall inform the Member States concerned and shall request them to confirm not making use of those fishing opportunities. The absence of a reply within the deadlines, to be set by the Council upon the conclusion of the Fisheries Partnership Agreement, shall be considered as confirmation that the vessels of the Member State concerned are not making full use of their fishing opportunities in the given period.

2.   After confirmation by the Member State concerned, the Commission shall assess the total non-utilised fishing opportunities and shall make that assessment available to the Member States.

3.   Member States wishing to make use of the non-utilised fishing opportunities referred to in paragraph 2, shall submit to the Commission a list of all vessels for which they intend to request a fishing authorisation, as well as the request for the transmission of applications for each of those vessels, in accordance with Article 4.

4.   The Commission shall decide on the reallocation, in close cooperation with the Member States concerned.

If a Member State concerned objects to this reallocation, the Commission shall, in accordance with the procedure laid down in Article 27(2), decide on the reallocation taking into account the criteria laid down in Annex I, and shall notify the Member States concerned thereof.

5.   The transmission of applications in accordance with this Article shall in no way affect the allocation of fishing opportunities or their exchange amongst Member States, in accordance with Article 20 of Regulation (EC) No 2371/2002.

6.   The Commission shall not be prevented from applying the mechanism referred to in paragraphs 1 to 4 until the deadlines mentioned in paragraph 1 are finalised.

SECTION III

Fishing activities not falling within the scope of an agreement

Article 11

General provisions

1.   An operator of a Community fishing vessel, intending to conduct fishing activities on the high seas in waters not falling within the scope of an agreement or a RFMO, shall inform the authorities of the flag Member State about such activities.

Without prejudice to Community legislation concerning fishing activities on the high-seas, Community fishing vessels shall be entitled to engage in fishing activities on the high seas in waters not falling within the scope of an agreement or a RFMO if they have been issued with an authorisation from their flag Member State in accordance with national provisions.

Member States shall inform the Commission ten days before the start of the fishing activities referred to in the first subparagraph of the vessels authorised to fish in accordance with that subparagraph, specifying the species, the fishing gear, the period and area to which the authorisation applies.

2.   Member States shall endeavour to obtain information on any arrangements, between their nationals and a third country, which allow fishing vessels flying their flag to engage in fishing activities in waters under the jurisdiction or sovereignty of a third country, and shall inform the Commission thereof by the electronic transmission of a list of the vessels concerned.

3.   This section shall only apply to vessels exceeding 24 metres in overall length.

SECTION IV

Reporting obligations and closure of fishing activities

Article 12

Community fishing authorisation information system

1.   The Commission shall set up a Community fishing authorisation information system, containing the data relating to the authorisations issued in accordance with this Regulation. The Commission shall establish a secure website for this purpose.

2.   Member States shall ensure that the data required with respect to fishing authorisations in the framework of an agreement or an RFMO are contained in the Community fishing authorisation information system and they shall keep this data up-to-date at all times.

Article 13

Reporting of catches and fishing effort

1.   Community fishing vessels for which a fishing authorisation has been issued under Section II or III shall, on a weekly basis, transmit to their competent national authority data concerning their catches and, where required, their fishing effort. This data shall be accessible to the Commission upon request.

Notwithstanding the first subparagraph, Community fishing vessels exceeding 24 metres in overall length shall, as from 1 January 2010, transmit on a daily basis to their competent national authority the data concerning their catches and, where required, their fishing effort in accordance with Commission Regulation (EC) No 1566/2007 of 21 December 2007 laying down the detailed rules for the implementation of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing (8). As from 1 January 2011, this shall also apply to Community fishing vessels exceeding 15 metres in overall length.

2.   Member States shall collect the data referred to in paragraph 1 of this Article and, before the 15th of each calendar month, shall submit by electronic transmission to the Commission, or to a body designated by the Commission, data for each stock, group of stocks or fishing category, on the quantities caught, and, where required under an agreement or regulation implementing that agreement, on the fishing effort deployed during the previous month by vessels flying their flag in the waters falling under the scope of an agreement and in the previous six months for fishing activities outside Community waters not falling under the scope of an agreement.

3.   The Commission shall, in accordance with the procedure laid down in Article 27(2), decide on the format in which to transmit the data referred to in paragraph 1 of this Article.

Article 14

Control of catches and fishing effort

Without prejudice to the provisions in Chapter V of Regulation (EC) No 2371/2002, Member States shall ensure compliance with the obligations regarding the reporting of catches and, where required, of fishing effort, as laid down in the agreement concerned.

Article 15

Closure of fisheries

1.   Without prejudice to Article 26(4) of Regulation (EC) No 2371/2002 and Article 21(3) of Regulation (EEC) No 2847/93, when a Member State considers that its available fishing opportunities are deemed to have been exhausted, it shall immediately prohibit fishing activities for the respective area, gear, stock or group of stocks. This provision shall apply without prejudice to specific provisions laid down in the agreement concerned.

2.   Where the available fishing opportunities of a Member State are expressed both in terms of catch and effort limits, the Member State shall prohibit fishing activities for the respective area, gear, stock or group of stocks as soon as one of these opportunities is deemed to be exhausted. In order to allow for the continued fishing of non-exhausted fishing opportunities which also targets the exhausted fishing opportunities, Member States shall notify the Commission of technical measures which will have no negative impact on the exhausted fishing opportunities. This provision shall apply without prejudice to specific provisions laid down in the agreement concerned.

3.   Member States shall notify the Commission without delay of any prohibition of fishing activities decided in accordance with this Article.

4.   Where the Commission finds that fishing opportunities available to the Community or to a Member State are deemed to have been exhausted, the Commission shall inform the Member States concerned thereof and shall request that they prohibit fishing activities in accordance with paragraphs 1, 2 and 3.

5.   As soon as the fishing activities are prohibited in accordance with paragraphs 1 or 2, the fishing authorisations specified for the stock or group of stocks concerned shall be suspended.

Article 16

Suspension of fishing authorisations

1.   Where an authorising authority under a fisheries agreement notifies the Commission of its decision to suspend or withdraw a fishing authorisation in respect of a fishing vessel flying the flag of a Member State, the Commission shall forthwith inform the flag Member State thereof. The Commission shall carry out the relevant checks, in accordance with the procedures laid down under the agreement concerned, where appropriate in consultation with the flag Member State and with the authorising authorities of the third country concerned, and shall inform the flag Member State and, where appropriate, the authorising authorities of the third country of the outcome.

2.   Where an authorising authority of a third country suspends a fishing authorisation which it has granted to a Community fishing vessel, the flag Member State shall suspend the fishing permit under the agreement for the entire period of suspension of the fishing authorisation.

Where the fishing authorisation is definitively withdrawn by the authorising authorities of a third country, the flag Member State shall immediately withdraw the fishing permit granted to the vessel concerned under the agreement concerned.

3.   Inspection and surveillance reports drawn up by Commission inspectors, Community inspectors, inspectors of Member States or inspectors of a third country, which is party to the agreement concerned, shall constitute admissible evidence in administrative or judicial proceedings of any Member State. For the purpose of establishing facts, those reports shall be treated equally to inspection and surveillance reports of the Member State concerned.

SECTION V

Access to data

Article 17

Access to data

1.   Without prejudice to the obligations under Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (9), the data submitted to the Commission, or to a body designated by the Commission, by Member States in accordance with this Chapter shall be made available on the secure website linked to the Community fishing authorisation information system for all users concerned which are authorised by:

(a)

the Member States;

(b)

the Commission, or a body designated by the Commission, concerning control and inspection.

The data accessible to these persons shall be limited to the data they need in the framework of the fishing authorisation process and/or their inspection activities and shall be subject to the rules on data confidentiality.

2.   The owners or agents of the vessels registered in the Community fishing authorisation information system may receive an electronic copy of the data contained in the register by transmitting an official request to the Commission via their national administration.

CHAPTER III

FISHING ACTIVITIES OF THIRD COUNTRY FISHING VESSELS IN COMMUNITY WATERS

Article 18

General provisions

1.   Third country fishing vessels are entitled to:

(a)

engage in fishing activities in Community waters provided that they have been issued with a fishing authorisation in accordance with this Chapter;

(b)

land, tranship in ports or process fish provided that they have been issued with a prior authorisation from the Member State in whose waters the operation will take place.

2.   Third country fishing vessels authorised to engage in fishing activities under an agreement on 31 December of any given calendar year may continue to fish under that agreement as from 1 January of the following year until the Commission decides to issue those vessels with fishing authorisations for that year, in accordance with Article 20.

Article 19

Transmission of third country applications

1.   The third country concerned shall, at the date of entry into force of an agreement granting it fishing opportunities in Community waters, submit to the Commission, by electronic transmission, a list of vessels flying its flag and/or registered in it which intend to make use of those fishing opportunities.

2.   Within the deadline established in the agreement concerned or by the Commission, the competent authorities of the third country shall submit to the Commission, by electronic transmission, the applications for fishing authorisations for the fishing vessels flying its flag, containing the international radio call sign of the vessel and any other data required under the agreement or decided in accordance with the procedure referred to in Article 27(2).

Article 20

Issue of fishing authorisations

1.   The Commission shall examine applications for fishing authorisations taking into account the fishing opportunities granted to the third country and shall issue fishing authorisations in accordance with the measures adopted by the Council and the provisions contained in the agreement concerned.

2.   The Commission shall inform the competent authorities of the third country and of the Member States of the fishing authorisations issued.

Article 21

Eligibility criteria

The Commission shall only issue a fishing authorisation for third country fishing vessels:

(a)

which are eligible for a fishing authorisation under the agreement concerned and, where appropriate, are included in the list of vessels notified to carry out fishing activities under that agreement;

(b)

which, during the previous period of 12 months of fishing activities under the agreement concerned or, in case of a new agreement, under the agreement that preceded it, have, where appropriate, fulfilled the conditions under the agreement for that period;

(c)

which during the 12 months prior to the request for the fishing authorisation, have been subject to sanctions proceedings for serious infringements or considered suspected of such breaches according to the national law of the Member State and/or where the owner of the vessel has changed and the new owner provides guarantees that the conditions will be fulfilled;

(d)

which are not included in an IUU list;

(e)

for which the data required under the agreement concerned is available; and

(f)

for which the applications are in accordance with the agreement concerned and this Chapter.

Article 22

General obligations

Third country fishing vessels for which a fishing authorisation has been issued in accordance with this Chapter shall comply with the provisions of the CFP concerning the conservation and control measures and other provisions governing fishing by Community fishing vessels in the fishing zone in which they operate, and the provisions laid down in the agreement concerned.

Article 23

Control of catches and fishing effort

1.   Third country fishing vessels engaging in fishing activities in Community waters shall, on a weekly basis, transmit to their national authorities and to the Commission, or to a body designated by the Commission, the data:

(a)

required under the agreement concerned;

(b)

established by the Commission in accordance with the procedure laid down in the agreement concerned; or

(c)

established in accordance with the procedure referred to in Article 27(2).

Notwithstanding the first subparagraph, third country fishing vessels exceeding 24 metres in overall length shall, as from 1 January 2010, transmit this data electronically on a daily basis. As from 1 January 2011, this shall also apply to third country fishing vessels exceeding 15 metres in overall length.

2.   As far as required under the agreement concerned, third countries shall collect the catch data transmitted by their vessels in accordance with paragraph 1 and, before the 15th of each calendar month, shall submit by electronic transmission to the Commission, or to a body designated by the Commission, the quantities for each stock, group of stocks or fishing category, caught in Community waters in the previous month by all vessels flying their flag.

3.   The catch data referred to in paragraph 2 shall be accessible to a Member State upon request and shall be subject to the rules governing data confidentiality.

Article 24

Closure of fisheries

1.   Where fishing opportunities granted to a third country are deemed to have been exhausted, the Commission shall immediately inform the third country concerned and the competent inspection authorities of the Member States thereof. In order to allow for the continued fishing activities of non-exhausted fishing opportunities, which also targets the exhausted opportunities, the third country shall submit to the Commission technical measures which will have no negative impact on the exhausted fishing opportunities. This provision shall apply without prejudice to specific provisions laid down in the agreement concerned.

2.   From the date of the Commission's notification,, the fishing authorisations issued to vessels flying the flag of that country shall be considered to be suspended for the fishing activities concerned and the vessels shall no longer be authorised to engage in those fishing activities.

3.   Where a suspension of fishing activities applicable in accordance with paragraph 2 concerns all the activities for which the fishing authorisations have been granted, these fishing authorisations shall be considered to be withdrawn.

4.   The third country shall ensure that the fishing vessels concerned shall be immediately informed of the application of this Article and that they cease all fishing activities concerned.

5.   As soon as the fishing activities are prohibited in accordance with paragraphs 1 or 2, the fishing authorisations specified for the stock or group of stocks concerned shall be suspended.

Article 25

Failure to comply with relevant rules

1.   Without prejudice to legal proceedings under national legislation, Member States shall immediately notify the Commission of any recorded infringement concerning a third country fishing vessel with regard to the fishing activities in Community waters under the agreement concerned.

2.   For a period not exceeding 12 months, no licence or special fishing permit shall be issued to any third country fishing vessel in respect of which the obligations laid down under the agreement concerned have not been fulfilled.

The Commission shall submit to the authorities of the third country concerned the names and characteristics of the third country fishing vessels which will not be authorised to fish in the Community fishing zone during the following month or months as a consequence of an infringement of the relevant rules under the agreement concerned.

3.   The Commission shall notify the inspection authorities of the Member States of the measures taken pursuant to paragraph 2.

CHAPTER IV

IMPLEMENTING MEASURES

Article 26

Detailed rules

Detailed rules for the application of this Regulation may be adopted in accordance with the procedure referred to in Article 27(2). Those rules may also provide for exemptions from the obligations laid down in this Regulation, where those obligations would create a disproportionate burden compared to the economic importance of the activity.

Article 27

Committee procedure

1.   The Commission shall be assisted by the Committee for Fisheries and Aquaculture established 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 20 working days.

CHAPTER V

COMMON AND FINAL PROVISIONS

Article 28

International obligations

This Regulation is without prejudice to provisions established in the agreements concerned and Community provisions implementing those provisions.

Article 29

Repeal

1.   Articles 18, 28b, 28c and 28d of Regulation (EEC) No 2847/93 shall be deleted.

2.   Articles 3(2), 4(2), 9, 10 of Regulation (EC) No 1627/94 shall be deleted.

3.   Regulation (EC) No 3317/94 shall be repealed.

4.   References to the deleted provisions shall be construed as references to the provisions of this Regulation and shall be read in accordance with the correlation table in Annex II.

Article 30

Entry into force

1.   This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

2.   Article 18 of Regulation (EEC) 2847/93 shall continue to apply until the regulation establishing the detailed rules in Article 13 of this Regulation has entered into force.

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


(1)  OJ L 184, 17.7.1999, p. 23.

(2)  OJ L 171, 6.7.1994, p. 7.

(3)  OJ L 261, 20.10.1993, p. 1.

(4)  OJ L 358, 31.12.2002, p. 59.

(5)  OJ L 167, 2.7.1999, p. 5.

(6)  See page 1 of this Official Journal.

(7)  OJ L 203, 4.8.2005, p. 3.

(8)  OJ L 340, 22.12.2007, p. 46.

(9)  OJ L 41, 14.2.2003, p. 26.


ANNEX I

Criteria for reallocation referred to in Article 10

For the reallocation of fishing opportunities, the Commission shall take, in particular, the following into account:

the date of each of the requests received,

the fishing opportunities available for reallocation,

the number of requests received,

the number of requesting Member States,

if fishing opportunities are fully or partly based on amounts of fishing effort or catches, the fishing effort expected to be deployed or the catches expected to be made by each of the vessels concerned.


ANNEX II

Regulation (EC) No 1627/94

Corresponding provision in this Regulation

Article 3(2)

Chapter III

Article 4(2)

Chapter III

Article 9

Articles 19to 21

Article 10

Article 25

Regulation (EEC) No 2847/93

Corresponding provision in this Regulation

Article 18

Article 13

Article 28b

Article 18

Article 28c

Article 22

Article 28d

Article 24


II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Council

29.10.2008   

EN

Official Journal of the European Union

L 286/45


COUNCIL DECISION

of 8 July 2008

on the signing and provisional application of a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

(2008/800/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the second sentence of the first subparagraph of Article 300(2), thereof,

Having regard to the Act of Accession of Bulgaria and Romania and in particular Article 6(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

On 23 October 2006 the Council authorised the Commission to open negotiations, on behalf of the Community and its Member States, with the Republic of Croatia in order to conclude a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

(2)

These negotiations have been successfully completed and, subject to its possible conclusion at a later date, the Protocol should be signed on behalf of the Community.

(3)

The Protocol should be applied on a provisional basis with effect from 1 August 2007,

HAS DECIDED AS FOLLOWS:

Article 1

The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the Community, the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, subject to its possible conclusion at a later stage.

Article 2

Pending its entry into force, the Protocol shall be applied on a provisional basis from 1 August 2007.

The text of the Protocol is attached to this Decision.

Done at Brussels, 8 July 2008.

For the Council

The President

C. LAGARDE


PROTOCOL

to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

THE KINGDOM OF BELGIUM,

THE REPUBLIC OF BULGARIA,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

IRELAND,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

THE REPUBLIC OF HUNGARY,

MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

ROMANIA,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

hereinafter referred to as the ‘Member States’ represented by the Council of the European Union, and

THE EUROPEAN COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY,

hereinafter referred to as ‘the Communities’ represented by the Council of the European Union and the European Commission,

of the one part, and

THE REPUBLIC OF CROATIA,

of the other part,

HAVING REGARD to the accession of the Republic of Bulgaria and Romania (hereinafter referred to as the new Member States) to the European Union and thereby to the Community on 1 January 2007,

Whereas:

(1)

The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, (hereinafter referred to as the SAA) was signed in Luxembourg on 29 October 2001 and entered into force on 1 February 2005.

(2)

The Treaty concerning the accession of the Republic of Bulgaria and Romania to the European Union (hereinafter referred to as the Treaty of Accession) was signed in Luxembourg on 25 April 2005.

(3)

The Republic of Bulgaria and Romania acceded to the European Union on 1 January 2007.

(4)

Pursuant to Article 6(2) of the Act of Accession annexed to the Treaty of Accession, the accession of the new Member States to the SAA shall be agreed by the conclusion of a protocol to the SAA.

(5)

Consultations pursuant to Article 36(3) of the SAA have taken place so as to ensure that account is taken of the mutual interests of the Community and Croatia stated in this Agreement,

HAVE AGREED AS FOLLOWS:

SECTION I

CONTRACTING PARTIES

Article 1

The Republic of Bulgaria and Romania shall be Parties to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, signed in Luxembourg on 29 October 2001 and shall respectively adopt and take note, in the same manner as the other Member States of the Community, of the texts of the Agreement, as well as of the Joint Declarations, and the Unilateral Declarations annexed to the Final Act signed on the same date.

ADJUSTMENTS TO THE TEXT OF THE SAA INCLUDING THE ANNEXES AND PROTOCOLS THERETO

SECTION II

AGRICULTURAL PRODUCTS

Article 2

Agricultural products sensu stricto

1.   Annex IV(a) and Annex IV(c) to the SAA shall be replaced by the text of Annex I to this Protocol.

2.   Annex IV(b) and Annex IV(d) to the SAA shall be replaced by the text of Annex II to this Protocol.

3.   Annex IV(e) to the SAA shall be replaced by the text of Annex III to this Protocol.

4.   Annex IV(f) to the SAA shall be replaced by the text of Annex IV to this Protocol.

5.   Annex IV(g) to the SAA shall be replaced by the text of Annex V to this Protocol.

Article 3

Fisheries products

1.   Annex V(a) to the SAA shall be replaced by the text of Annex VI to this Protocol.

2.   Annex V(b) to the SAA shall be replaced by the text of Annex VII to this Protocol.

Article 4

Processed agricultural products

Annex I and Annex II to Protocol 3 to the SAA shall be replaced by the corresponding texts of Annex VIII to this Protocol.

Article 5

Wine Agreement

Annex I (Agreement between the European Community and the Republic of Croatia on reciprocal preferential trade concessions for certain wines, referred to in Article 27(4) of the SAA) to the Additional Protocol adjusting the trade aspects of the SAA to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks, shall be replaced by the text of Annex IX to this Protocol.

SECTION III

RULES OF ORIGIN

Article 6

Protocol 4 to the SAA shall be replaced by the text of Annex X to this Protocol.

TRANSITIONAL PROVISIONS

SECTION IV

Article 7

WTO

The Republic of Croatia undertakes not to make any claim, request or referral nor to modify or withdraw any concession pursuant to GATT 1994 Articles XXIV.6 and XXVIII in relation to the 2007 enlargement of the Community.

Article 8

Proof of origin and administrative cooperation

1.   Proofs of origin properly issued by either the Republic of Croatia or a new Member State in the framework of preferential agreements or autonomous arrangements applied between them shall be accepted in the respective countries, provided that:

(a)

the acquisition of such origin confers preferential tariff treatment on the basis of the preferential tariff measures contained in the SAA;

(b)

the proof of origin and the transport documents were issued no later than the day before the date of accession;

(c)

the proof of origin is submitted to the customs authorities within the period of four months from the date of accession.

Where goods were declared for importation in either the Republic of Croatia or a new Member State, before the date of accession, under preferential agreements or autonomous arrangements applied between the Republic of Croatia and that new Member State at that time, proof of origin issued retrospectively under those agreements or arrangements may also be accepted provided that it is submitted to the customs authorities within the period of four months from the date of accession.

2.   The Republic of Croatia and the new Member States are authorised to retain the authorisations with which the status of ‘approved exporters’ has been granted in the framework of preferential agreements or autonomous arrangements applied between them, provided that:

(a)

such a provision is also provided for in the agreement concluded before the date of accession between the Republic of Croatia and the Community; and

(b)

the approved exporters apply the rules of origin in force under that agreement.

These authorisations shall be replaced, no later than one year after the date of accession, by new authorisations issued under the conditions of the SAA.

3.   Requests for subsequent verification of proof of origin issued under the preferential agreements or autonomous arrangements referred to in paragraphs 1 and 2 shall be accepted by the competent customs authorities of either the Republic of Croatia or the Member States for a period of three years after the issue of the proof of origin concerned and may be made by those authorities for a period of three years after acceptance of the proof of origin submitted to those authorities in support of an import declaration.

Article 9

Goods in transit

1.   The provisions of the SAA may be applied to goods exported from either the Republic of Croatia to one of the new Member States or from one of the new Member States to the Republic of Croatia, which comply with the provisions of Protocol 4 to the SAA and that on the date of accession are either en route or in temporary storage, in a customs warehouse or in a free zone in the Republic of Croatia or in that new Member State.

2.   Preferential treatment may be granted in such cases, subject to the submission to the customs authorities of the importing country, within four months from the date of accession, of a proof of origin issued retrospectively by the customs authorities of the exporting country.

Article 10

Quotas in 2007

For the year 2007, the volumes of the new tariff quotas and the increases of the volumes of existing tariff quotas shall be calculated as a pro rata of the basic volumes, taking into account the part of the period elapsed before 1 August 2007.

GENERAL AND FINAL PROVISIONS

SECTION V

Article 11

This Protocol and the annexes thereto shall form an integral part of the SAA.

Article 12

1.   This Protocol shall be approved by the Community, through the Council of the European Union on behalf of the Member States, and by the Republic of Croatia in accordance with their own procedures.

2.   The Parties shall notify each other of the completion of the corresponding procedures referred to in paragraph 1. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.

Article 13

1.   This Protocol shall enter into force on the first day of the first month following the date of the deposit of the last instrument of approval.

2.   If not all the instruments of approval of this Protocol have been deposited before 1 August 2007, this Protocol shall apply provisionally with effect from 1 August 2007.

Article 14

This Protocol shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Croatian languages, each of these texts being equally authentic.

Article 15

The text of the SAA, including the Annexes and Protocols which form an integral part thereof, and the Final Act together with the declarations annexed thereto shall be drawn up in Bulgarian and Romanian languages, and these texts shall be authentic in the same way as the original texts (1). The Stabilisation and Association Council shall approve these texts.

Съставено в Брюксел на петнадесети юли две хиляди и осма година.

Hecho en Bruselas, el quince de julio de dos mil ocho.

V Bruselu dne patnáctého července dva tisíce osm.

Udfærdiget i Bruxelles den femtende juli to tusind og otte.

Geschehen zu Brüssel am fünfzehnten Juli zweitausendacht.

Kahe tuhande kaheksanda aasta juulikuu viieteistkümnendal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις δέκα πέντε Ιουλίου δύο χιλιάδες οκτώ.

Done at Brussels on the fifteenth day of July in the year two thousand and eight.

Fait à Bruxelles, le quinze juillet deux mille huit.

Fatto a Bruxelles, addì quindici luglio duemilaotto.

Briselē, divtūkstoš astotā gada piecpadsmitajā jūlijā.

Priimta du tūkstančiai aštuntų metų liepos penkioliktą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-nyolcadik év július tizenötödik napján.

Magħmul fi Brussell, fil-ħmistax-il jum ta' Lulju tas-sena elfejn u tmienja.

Gedaan te Brussel, de vijftiende juli tweeduizend acht.

Sporządzono w Brukseli dnia piętnastego lipca roku dwa tysiące ósmego.

Feito em Bruxelas, em quinze de Julho de dois mil e oito.

Întocmit la Bruxelles, la data de cincisprezece iulie 2008.

V Bruseli dňa pätnásteho júla dvetisícosem.

V Bruslju, dne petnajstega julija leta dva tisoč osem.

Tehty Brysselissä viidentenätoista päivänä heinäkuuta vuonna kaksituhattakahdeksan.

Som skedde i Bryssel den femtonde juli tjugohundraåtta.

Sastavljeno u Bruxellesu, dana petnaestog srpnja godine dvije tisuće osme.

За държавите-членки

Por los Estados miembros

Za členské státy

For medlemsstaterne

Für die Mitgliedstaaten

Liikmesriikide nimel

Για τα κράτη μέλη

For the Member States

Pour les États membres

Per gli Stati membri

Dalībvalstu vārdā

Valstybių narių vardu

A tagállamok részéről

Għall-Istati Membri

Voor de lidstaten

W imieniu Państw Członkowskich

Pelos Estados-Membros

Pentru statele membre

Za členské štáty

Za države članice

Jäsenvaltioiden puolesta

På medlemsstaternas vägnar

Za države članice

Image

За Европейската общност

Por las Comunidades Europeas

Za Evropská společenství

For De Europæiske Fællesskaber

Für die Europäischen Gemeinschaften

Euroopa ühenduste nimel

Για τις Ευρωπαϊκές Κοινότητες

For the European Communities

Pour les Communautés européennes

Per le Comunità europee

Eiropas Kopienu vārdā

Europos Bendrijų vardu

Az Európai Közösségek részéről

Għall-Komunitajiet Ewropej

Voor de Europese Gemeenschappen

W imieniu Wspólnot Europejskich

Pelas Comunidades Europeias

Pentru Comunitatea Europeană

Za Európske spoločenstvá

Za Evropski skupnosti

Euroopan yhteisöjen puolesta

På europeiska gemenskapernas vägnar

Za Europske zajednice

Image

За Република Хърватия

Por la República de Croacia

Za Chorvatskou republiku

For Republikken Kroatien

Für die Republik Kroatien

Horvaatia Vabariigi nimel

Για τη Δημοκρατία της Κροατίας

For the the Republic of Croatia

Pour la République de Croatie

Per la Repubblica di Croazia

Horvātijas Republikas vārdā

Kroatijos Respublikos vārdu

a Horvát Köztársaság részéről

r-Repubblika tal-Kroazja

Voor de Republiek Kroatië

W imieniu Republiki Chorwacji

Pela República da Croácia

Pentru Republica Croaţia

Za Chorvátsku republiku

Za Republiko Hrvaško

Kroatian tasavallan puolesta

På Republiken Kroatiens vägnar

Za Republiku Hrvatsku

Image


(1)  The Bulgarian and Romanian language versions of the Agreement shall be published in the special edition of the Official Journal at a later date.

ANNEX I

ANNEX IV(a) AND IV(c)

Croatian tariff concessions for agricultural products (Duty-free for unlimited quantities) referred to in Article 27(3)(a)(i) and 27(3)(b)(i))

Croatian tariff code (1)

0105 19 20

1001 10 00

2005 60 00

2009 80 99 10

0105 19 90

1002 00 00 10

2007 91

2009 80 99 20

0106 90 00 10

1003 00 10

2008 19

2009 90 11

0205 00

1004 00 00 10

2008 20

2009 90 19

0206

1005 10

2008 30

2009 90 21

0208

1006

2008 80

2009 90 29

0407 00 30

1007 00

2008 99 36

2009 90 39 10

0407 00 90

1008

2008 99 38

2009 90 49 10

0410 00 00

1106

2008 99 49 10

2009 90 59 10

0504 00 00

1108

2008 99 67 10

2009 90 79 10

0604

1109 00 00

2008 99 99 10

2009 90 97 10

0714

1209

2009 11

2009 90 98 10

0801

1210

2009 19 11

2301

0802

1211

2009 19 19

2302 10

0803 00

1212 99 30

2009 19 98 10

2302 40

0804 10 00

1212 99 41

2009 29 11

2303 10

0804 30 00

1212 99 49

2009 29 19

2303 20

0805 40 00

1212 99 70

2009 29 99 10

2303 30 00

0805 50

1213 00 00

2009 39 11

2304 00 00

0805 90 00

1214

2009 39 19

2305 00 00

0806 20

1301

2009 39 39 10

2306 41 00

0807 20 00

1302

2009 49 11

2306 49 00

0811

1501 00 11

2009 49 19

2306 90 05

0812

1501 00 19 10

2009 49 99 10

2307 00

0813

1501 00 90

2009 79 11

2308 00

0814 00 00

1502 00

2009 79 19

2309 10

0901 11 00

1503 00

2009 79 99 10

 

0901 12 00

1504

2009 80 11

 

0902

1516 10

2009 80 19

 

0904

1603 00

2009 80 34

 

0905 00 00

1702 11 00

2009 80 35

 

0906

1702 19 00

2009 80 36

 

0907 00 00

1702 60

2009 80 38

 

0908

1703 10 00

2009 80 69 10

 

0909

2003 10

2009 80 96 10

 

0910

2003 20 00

2009 80 97 10

 


(1)  As defined by the Croatian Customs Tariff — published in NN 134/2006, as amended.

ANNEX II

ANNEX IV(b) AND IV(d)

Croatian tariff concessions for agricultural products (duty-free within quota as from 1 August 2007) referred to in Article 27(3)(a)(ii) and 27(3)(c)(i)

Croatian tariff code

Description

Annual tariff quota (tonnes)

Yearly increase (tonnes)

0103 91

0103 92

Live swine, other than pure-bred breeding animals

625

25

0104

Live sheep and goats

1 500

0201

Meat of bovine animals, fresh or chilled

200

0204

Meat of sheep or goats, fresh, chilled or frozen

1 325

5

0207

Meat and edible offal, of the poultry of heading 0105, fresh, chilled or frozen

870

30

0210

Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal

545

15

0401

Milk and cream, not concentrated nor containing added sugar or other sweetening matter

17 250

150

0402

Milk and cream, concentrated or containing added sugar or other sweetening matter

17 750

700

0405 10

Butter

330

10

0406

Cheese and curd

2 500

100

0406 excl 0406 90 78

Cheese and curd, other than Gouda

800

0406 90 78

Gouda

350

0409 00 00

Natural honey

20

0602

Other live plants (including their roots), cuttings and slips; mushroom spawn

12

0602 90 10

Mushroom spawn

9 400

0701 90 10

Potatoes, fresh, or chilled, for the manufacture of starch

1 000

0702 00 00

Tomatoes, fresh or chilled

9 375

375

0703 20 00

Garlic, fresh or chilled

1 250

50

0712

Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared

1 050

0805 10

Oranges, fresh or dried

31 250

1 250

0805 20

Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids, fresh or dried

3 000

120

0806 10

Grapes, fresh

10 000

400

0808 10 (1)

Apples, fresh

5 800

 

0809 10 00

Apricots, fresh

1 250

50

0810 10 00

Strawberries, fresh

250

10

1002 00 00

Rye

1 000

100

1101 00

Wheat or meslin flour

250

1103

Cereal groats, meal and pellets

100

1206 00

Sunflower seeds, whether or not broken

125

5

1507

Soya-bean oil and its fractions, whether or not refined, but not chemically modified

1 230

10

1509

Olive oil and its fractions, whether or not refined, but not chemically modified

450

20

1514 19

1514 99

Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically modified, other than crude oil

100

1602 41

1602 42

1602 49

Other prepared or preserved meat, meat offal or blood, of swine

375

15

1701

Cane or beet sugar and chemically pure sucrose, in solid form

7 125

285

2002

Tomatoes prepared or preserved otherwise than by vinegar or acetic acid

6 150

240

2004 90

Other vegetables and mixtures of vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen

125

5

2005 91 00

2005 99

Other vegetables and mixtures of vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen

200

2007 99

Jams, fruit jellies, marmalades, fruit or nut puree and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter, other than homogenised preparations or of citrus fruit

130

2009 12 00

2009 19 91

2009 19 98

Orange juice, not frozen, of a Brix value not exceeding 67

2 250

90

2009 71

2009 79

2009 80

2009 90

Apple juice, juice of any other single fruit or vegetable, mixtures of juices

200

2009 80 50

2009 80 61

2009 80 63

2009 80 69

2009 80 71

2009 80 73

2009 80 79

 

 

 

 

Juices of any other single fruit or vegetable, of a Brix value not exceeding 67

375

15

2009 80 85

2009 80 86

2009 80 88

2009 80 89

2009 80 95

2009 80 96

2009 80 97

2009 80 99

 

 

 

2106 90 30

2106 90 51

2106 90 55

2106 90 59

Food preparations not elsewhere specified or included: flavoured or coloured sugar syrups

550

2302 30

Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of wheat

6 200

2309 90

Preparations of a kind used in animal feeding, other than dog or cat food put up for retail sale

1 350


(1)  Quota shall be allocated in the period from 21 February to 14 September.

ANNEX III

ANNEX IV(e)

Croatian tariff concessions for agricultural products (50 % of MFN duties for unlimited quantities) referred to in Article 27(3)(c)(ii)

Croatian tariff code

Description

0104

Live sheep and goats

0105

Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls:

 

Weighing not more than 185 g:

0105 12 00

– –

Turkeys

 

Other:

0105 94 00

– –

Fowls of the species Gallus domesticus:

0105 94 00 30

– – –

Light line chicken

0105 94 00 40

– – –

Light line separated hens

0209 00

Pig fat, free of lean meat, and poultry fat, not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked

0404

Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included

0407 00

Birds’ eggs, in shell, fresh, preserved or cooked:

 

Of poultry:

0407 00 30

– –

Other:

0407 00 30 40

– – –

Turkey eggs

0601

Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or in flower; chicory plants and roots other than roots of heading 1212

0602

Other live plants (including their roots), cuttings and slips; mushroom spawn

0603

Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared

0708

Leguminous vegetables, shelled or unshelled, fresh or chilled

0710

Vegetables (uncooked or cooked by steaming or boiling in water), frozen

0711

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption

0712

Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared

0713

Dried leguminous vegetables, shelled, whether or not skinned or split

0901

Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion:

 

Coffee, roasted:

0901 21 00

– –

Not decaffeinated

0901 22 00

– –

Decaffeinated

1003 00

Barley:

1003 00 90

Other:

1003 00 90 10

– –

For brewing

1004 00 00

Oats

1005

Maize (corn):

1005 90 00

Other

1104

Cereal grains otherwise worked (for example, hulled, rolled, flaked, pearled, sliced or kibbled), except rice of heading 1006; germ of cereals, whole, rolled, flaked or ground

1105

Flour, meal, powder, flakes, granules and pellets of potatoes

1702

Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel:

1702 30

Glucose and glucose syrup, not containing fructose or containing in the dry state less than 20 % by weight of fructose

1702 40

Glucose and glucose syrup, containing in the dry state at least 20 % but less than 50 % by weight of fructose, excluding invert sugar:

2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006:

2005 40 00

Peas (Pisum sativum)

 

Beans (Vigna spp., Phaseolus spp.):

2005 51 00

– –

Beans, shelled

2008

Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included:

2008 50

Apricots

2008 70

Peaches, including nectarines

2009

Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter:

 

Pineapple juice:

2009 41

– –

Of a Brix value not exceeding 20:

2009 41 10

– – –

Of a value exceeding EUR 30 per 100 kg net weight, containing added sugar

 

Grape juice (including grape must):

2009 69

– –

Other

2206 00

Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included

2302

Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals or of leguminous plants:

2302 30

Of wheat

2306

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetable fats or oils, other than those of heading 2304 or 2305:

2306 90

Other

2309

Preparations of a kind used in animal feeding:

2309 90

Other

ANNEX IV

ANNEX IV(f)

Croatian tariff concessions for agricultural products (50 % of MFN duties within quota as from 1 August 2007) referred to in Article 27(3)(c)(iii)

Croatian tariff code

Description

Annual tariff quota

(tonnes)

Yearly increase

(tonnes)

0102 90

Live bovine animals, other than pure-bred breeding animals

250

10

0202

Meat of bovine animals, frozen

3 750

150

0203

Meat of swine, fresh, chilled or frozen

9 125

365

0701

Potatoes, fresh or chilled

15 000

600

0703 10

0703 90 00

Onions, shallots, leeks and other alliaceous vegetables, fresh or chilled

12 790

500

0704 90 10

White cabbages and red cabbages, fresh or chilled

160

0706 10 00

Carrots and turnips, fresh or chilled

140

0706 90 30

0706 90 90

Horseradish (Cochlearia armoracia), salad beetroot, salsify, celeriac (other than rooted celery or German celery), radishes and similar edible roots, fresh or chilled

110

0807 11 00

0807 19 00

Melons (including watermelons), fresh

7 035

275

0808 10

Apples, fresh

6 900

300

1101 00

Wheat or meslin flour

1 025

45

1103

Cereal groats, meal and pellets

9 750

390

1107

Malt, whether or not roasted

19 750

750

1517 10 90

Margarine, excluding liquid margarine, other than containing, by weight, more than 10 % but not more than 15 % of milkfats

150

1601 00

Sausages and similar products, of meat, meat offal or blood; food preparations based on these products

2 250

90

1602 10 to

1602 39,

1602 50 to

1602 90

Other prepared or preserved meat, meat offal or blood, other than of swine

650

30

2009 50

2009 90

Tomato juice; mixtures of juices

100

2401

Unmanufactured tobacco; tobacco refuse

250

10

ANNEX V

ANNEX IV(g)

Croatian tariff concessions for agricultural products referred to in Article 27(3)(g)

Customs duties for the commodities listed in this Annex shall be applied as indicated from 1 August 2007

Croatian tariff code

Description

Annual tariff quota (tonnes)

Duty applicable within quota

0102 90 05

0102 90 21

0102 90 29

0102 90 41

0102 90 49

0102 90 71

Live bovine animals of domestic species of a weight not exceeding 300 kg and bulls for slaughter of a weight exceeding 300 kg, other than pure-bred breeding animals

9 000

15 %

0103 91

0103 92

Live swine, other than pure-bred breeding animals

2 550

15 %

ex ex 0105 94 00

Live fowl of the species Gallus domesticus weighing more than 185g but not more than 2 000g

90

10 %

0203

Meat of swine, fresh chilled or frozen

3 570

25 %

0401

Milk and cream, not concentrated nor containing added sugar or other sweetening matter

12 600

EUR 4,2/100 kg

0707 00

Cucumbers or gherkins, fresh or chilled

200

10 %

0709 51 00

0709 59 10

0709 59 30

0709 59 90

Mushrooms, fresh or chilled

400

10 %

0709 60 10

Sweet peppers, fresh or chilled

400

12 %

0710 21 00

0710 22 00

0710 90 00

Peas (Pisum sativum), beans (Vigna spp., Phaseolus spp.) and mixtures of vegetables, uncooked or cooked by steaming or boiling in water, frozen

1 500

7 %

1001 90 99

Spelt, common wheat and meslin, other than for sowing

20 800

15 %

1005 90 00

Maize (corn), other than seeds

20 000

9 %

1206 00 91

1206 00 99

Sunflower seeds, whether or not broken, other than for sowing

2 160

6 %

1517 10 90

Margarine, excluding liquid margarine, other than containing, by weight, more than 10 % but not more than 15 % of milkfats

1 200

20 %

1601 00

Sausages and similar products, of meat, meat offal or blood; food preparations based on these products

1 900

10 %

1602 10 00 to 1602 39

Other prepared or preserved meat, meat offal or blood:

homogenised preparations;

of liver of any animal;

of poultry of heading 0105

240

10 %

1602 41

1602 42

1602 49

Other prepared or preserved meat, meat offal or blood, of swine

180

10 %

1702 40

Glucose and glucose syrup, containing in the dry state at least 20 % but less than 50 % by weight of fructose, excluding invert sugar

1 000

5 %

1703 90 00

Molasses resulting from the extraction or refining of sugar, other than cane molasses

14 500

14 %

2001

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid

1 740

15 %

2008 50

2008 60

2008 70

Apricots, cherries and peaches, including nectarines, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit

22

6 %

ANNEX VI

ANNEX V(a)

Products referred to in Article 28(1)

Imports into the European Community of the following products originating in Croatia shall be subject to the concessions set out below.

CN code

Description

Annual tariff quota

0301 91 10

0301 91 90

0302 11 10

0302 11 20

0302 11 80

0303 21 10

0303 21 20

0303 21 80

0304 19 15

0304 19 17

ex 0304 19 19

ex 0304 19 91

0304 29 15

0304 29 17

ex 0304 29 19

ex 0304 99 21

ex 0305 10 00

ex 0305 30 90

0305 49 45

ex 0305 59 80

ex 0305 69 80

Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

TQ: 30 t at 0 %

Over the TQ: 70 % of MFN duty

0301 93 00

0302 69 11

0303 79 11

ex 0304 19 19

ex 0304 19 91

ex 0304 29 19

ex 0304 99 21

ex 0305 10 00

ex 0305 30 90

ex 0305 49 80

ex 0305 59 80

ex 0305 69 80

Carp: live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

TQ: 210 t at 0 %

Over the TQ: 70 % of MFN duty

ex 0301 99 80

0302 69 61

0303 79 71

ex 0304 19 39

ex 0304 19 99

ex 0304 29 99

ex 0304 99 99

ex 0305 10 00

ex 0305 30 90

ex 0305 49 80

ex 0305 59 80

ex 0305 69 80

Sea bream (Dentex dentex and Pagellus spp.): live; fresh or chilled frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

TQ: 35 t at 0 %

Over the TQ: 30 % of MFN duty

ex 0301 99 80

0302 69 94

ex 0303 77 00

ex 0304 19 39

ex 0304 19 99

ex 0304 29 99

ex 0304 99 99

ex 0305 10 00

ex 0305 30 90

ex 0305 49 80

ex 0305 59 80

ex 0305 69 80

Sea bass (Dicentrarchus labrax): live; fresh or chilled; frozen; dried salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

TQ: 650 t at 0 %

Over the TQ: 30 % of MFN duty

1604

Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs

TQ: 1 585 t at 0 %

Over the TQ: reduced tariff see below

Over the tariff quotas, the duty rate applicable to all products of heading 1604 except prepared or preserved sardines and anchovies will be 50 % of MFN. For prepared or preserved sardines and anchovies over the tariff quota the duty rate will be full MFN duty.

ANNEX VII

ANNEX V(b)

Products referred to in Article 28(2)

Imports into Croatia of the following products originating in the European Community shall be subject to the concessions set out below.

CN code

Description

Annual tariff quota

0301 91 10

0301 91 90

0302 11 10

0302 11 20

0302 11 80

0303 21 10

0303 21 20

0303 21 80

0304 19 15

0304 19 17

ex 0304 19 19

ex 0304 19 91

0304 29 15

0304 29 17

ex 0304 29 19

ex 0304 99 21

ex 0305 10 00

ex 0305 30 90

0305 49 45

ex 0305 59 80

ex 0305 69 80

Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

TQ: 25 t at 0 %

Over the TQ: 70 % of MFN duty

0301 93 00

0302 69 11

0303 79 11

ex 0304 19 19

ex 0304 19 91

ex 0304 29 19

ex 0304 99 21

ex 0305 10 00

ex 0305 30 90

ex 0305 49 80

ex 0305 59 80

ex 0305 69 80

Carp: live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

TQ: 30 t at 0 %

Over the TQ: 70 % of MFN duty

ex 0301 99 80

0302 69 61

0303 79 71

ex 0304 19 39

ex 0304 19 99

ex 0304 29 99

ex 0304 99 99

ex 0305 10 00

ex 0305 30 90

ex 0305 49 80

ex 0305 59 80

ex 0305 69 80

Sea bream (Dentex dentex and Pagellus spp.): live; fresh or chilled frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

TQ: 35 t at 0 %

Over the TQ: 30 % of MFN duty

ex 0301 99 80

0302 69 94

ex 0303 77 00

ex 0304 19 39

ex 0304 19 99

ex 0304 29 99

ex 0304 99 99

ex 0305 10 00

ex 0305 30 90

ex 0305 49 80

ex 0305 59 80

ex 0305 69 80

Sea bass (Dicentrarchus labrax): live; fresh or chilled; frozen; dried salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

TQ: 60 t at 0 %

Over the TQ: 30 % of MFN duty

1604

Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs

TQ: 315 t at 0 %

Over the TQ: reduced tariff see below

Over the tariff quota, the duty rate applicable to all products of heading 1604 except prepared or preserved sardines and anchovies will be 50 % of MFN. For prepared or preserved sardines and anchovies over the tariff quota the duty rate will be full MFN duty.

ANNEX VIII

ANNEX I

Duties applicable upon imports into the Community of goods originating in Croatia

(Products referred to in Article 25 of the SAA)

Duties are set to zero for imports into the Community of processed agricultural products originating in Croatia as listed hereafter.

CN code

Description

0403

Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:

0403 10

Yoghurt:

 

– –

Flavoured or containing added fruit, nuts or cocoa:

 

– – –

In powder, granules or other solid forms, of a milkfat content, by weight:

0403 10 51

– – – –

Not exceeding 1,5 %

0403 10 53

– – – –

Exceeding 1,5 % but not exceeding 27 %

0403 10 59

– – – –

Exceeding 27 %

 

– – –

Other, of a milkfat content, by weight:

0403 10 91

– – – –

Not exceeding 3 %

0403 10 93

– – – –

Exceeding 3 % but not exceeding 6 %

0403 10 99

– – – –

Exceeding 6 %

0403 90

Other:

 

– –

Flavoured or containing added fruit, nuts or cocoa

 

– – –

In powder, granules or other solid forms, of a milkfat content, by weight:

0403 90 71

– – – –

Not exceeding 1,5 %

0403 90 73

– – – –

Exceeding 1,5 % but not exceeding 27 %

0403 90 79

– – – –

Exceeding 27 %

 

– – –

Other, of a milkfat content, by weight:

0403 90 91

– – – –

Not exceeding 3 %

0403 90 93

– – – –

Exceeding 3 % but not exceeding 6 %

0403 90 99

– – – –

Exceeding 6 %

0405

Butter and other fats and oils derived from milk; dairy spreads:

0405 20

Dairy spreads:

0405 20 10

– –

Of a fat content, by weight, of 39 % or more but less than 60 %

0405 20 30

– –

Of a fat content, by weight, of 60 % or more but not exceeding 75 %

0511

Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption:

 

Other:

0511 99

– –

Other:

 

– – –

Natural sponges of animal origin:

0511 99 39

– – – –

Other

0710

Vegetables (uncooked or cooked by steaming or boiling in water), frozen:

0710 40 00

Sweetcorn

0711

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption:

0711 90

Other vegetables; mixtures of vegetables:

 

– –

Vegetables:

0711 90 30

– – –

Sweetcorn

1302

Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:

 

Vegetable saps and extracts:

1302 12 00

– –

Of liquorice

1302 13 00

– –

Of hops

1302 20

Pectic substances, pectinates and pectates:

1302 20 10

– –

Dry

1302 20 90

– –

Other

1505 00

Wool grease and fatty substances derived therefrom (including lanolin):

1505 00 10

Wool grease, crude

1516

Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared:

1516 20

Vegetable fats and oils and their fractions:

1516 20 10

– –

Hydrogenated castor oil, so called “opal-wax”

1517

Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516:

1517 10

Margarine, excluding liquid margarine:

1517 10 10

– –

Containing, by weight, more than 10 % but not more than 15 % of milkfats

1517 90

Other:

1517 90 10

– –

Containing, by weight, more than 10 % but not more than 15 % of milkfats

 

– –

Other:

1517 90 93

– – –

Edible mixtures or preparations of a kind used as mould-release preparations

1518 00

Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516; inedible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, not elsewhere specified or included:

1518 00 10

Lynoxin

 

Other:

1518 00 91

– –

Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516

 

– –

Other:

1518 00 95

– – –

Inedible mixtures or preparations of animal or of animal and vegetable fats and oils and their fractions

1518 00 99

– – –

Other

1521

Vegetable waxes (other than triglycerides), beeswax, other insect waxes and spermaceti, whether or not refined or coloured:

1521 90

Other:

 

– –

Beeswax and other insect waxes, whether or not refined or coloured:

1521 90 99

– – –

Other

1522 00

Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes:

1522 00 10

Degras

1704

Sugar confectionery (including white chocolate), not containing cocoa

1803

Cocoa paste, whether or not defatted

1804 00 00

Cocoa butter, fat and oil

1805 00 00

Cocoa powder, not containing added sugar or other sweetening matter

1806

Chocolate and other food preparations containing cocoa

1901

Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included

1902

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared:

 

Uncooked pasta, not stuffed or otherwise prepared:

1902 11 00

– –

Containing eggs

1902 19

– –

Other

1902 20

Stuffed pasta, whether or not cooked or otherwise prepared:

 

– –

Other:

1902 20 91

– – –

Cooked

1902 20 99

– – –

Other

1902 30

Other pasta

1902 40

Couscous

1903 00 00

Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms

1904

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included

1905

Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

2001

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid:

2001 90

Other:

2001 90 30

– –

Sweetcorn (Zea mays var. saccharata)

2001 90 40

– –

Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch

2001 90 60

– –

Palm hearts

2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006:

2004 10

Potatoes:

 

– –

Other:

2004 10 91

– – –

In the form of flour, meal or flakes

2004 90

Other vegetables and mixtures of vegetables:

2004 90 10

– –

Sweetcorn (Zea mays var. saccharata)

2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006:

2005 20

Potatoes:

2005 20 10

– – –

In the form of flour, meal or flakes

2005 80 00

Sweetcorn (Zea mays var. saccharata)

2008

Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included:

 

Nuts, groundnuts and other seeds, whether or not mixed together:

2008 11

– –

Groundnuts:

2008 11 10

– – –

Peanut butter

 

Other, including mixtures other than those of subheading 2008 19:

2008 91 00

– –

Palm hearts

2008 99

– –

Other:

 

– – –

Not containing added spirit:

 

– – – –

Not containing added sugar:

2008 99 85

– – – – –

Maize (corn), other than sweetcorn (Zea mays var. saccharata)

2008 99 91

– – – – –

Yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch

2101

Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof

2102

Yeast (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading 3002); prepared baking powders:

2102 10

Active yeasts

2102 20

Inactive yeasts; other single-cell micro-organisms, dead:

 

– –

Inactive yeasts:

2102 20 11

– – –

In tablet, cube or similar form, or in immediate packings of a net content not exceeding 1 kg

2102 20 19

– – –

Other

2102 30 00

Prepared baking powders

2103

Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:

2103 10 00

Soya sauce

2103 20 00

Tomato ketchup and other tomato sauces

2103 30

Mustard flour and meal and prepared mustard:

2103 30 90

– –

Prepared mustard

2103 90

Other:

2103 90 90

– –

Other

2104

Soups and broths and preparations therefor; homogenised composite food preparations

2105 00

Ice cream and other edible ice, whether or not containing cocoa

2106

Food preparations not elsewhere specified or included:

2106 10

Protein concentrates and textured protein substances

2106 90

Other

2106 90 20

– –

Compound alcoholic preparations, other than those based on odoriferous substances, of a kind used for the manufacture of beverages

 

– –

Other:

2106 90 92

– – –

Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch

2106 90 98

– – –

Other

2202

Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009

2203 00

Beer made from malt

2205

Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances

2207

Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher; ethyl alcohol and other spirits, denatured, of any strength

2208

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol.; spirits, liqueurs and other spirituous beverages:

2208 40

Rum and other spirits obtained by distilling fermented sugar-cane products

2208 90

Other

 

– –

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol., in containers holding:

2208 90 91

– – –

2 litres or less

2208 90 99

– – –

More than 2 litres

2402

Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes

2403

Other manufactured tobacco and manufactured tobacco substitutes; “homogenised” or “reconstituted” tobacco; tobacco extracts and essences

2905

Acyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives:

 

Other polyhydric alcohols:

2905 43 00

– –

Mannitol

2905 44

– –

D-glucitol (sorbitol)

2905 45 00

– –

Glycerol

3301

Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils:

3301 90

Other:

 

– –

Extracted oleoresins:

3301 90 21

– – –

Of liquorice and hops

3302

Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages:

3302 10

Of a kind used in the food or drink industries:

 

– –

Of a kind used in the drink industries:

 

– – –

Preparations containing all flavouring agents characterising a beverage:

3302 10 10

– – – –

Of an actual alcoholic strength by volume exceeding 0,5 %

 

– – – –

Other:

3302 10 21

– – – – –

Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch

3302 10 29

– – – – –

Other

3501

Casein, caseinates and other casein derivatives; casein glues:

3501 10

Casein:

3501 10 50

– –

For industrial uses other than the manufacture of foodstuffs or fodder

3501 10 90

– –

Other

3501 90

Other:

3501 90 90

– –

Other

3505

Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches:

3505 10

Dextrins and other modified starches:

3505 10 10

– –

Dextrins

 

– –

Other modified starches:

3505 10 90

– – –

Other

3505 20

Glues

3809

Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included:

3809 10

With a basis of amylaceous substances

3823

Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols:

 

Industrial monocarboxylic fatty acids; acid oils from refining:

3823 11 00

– –

Stearic acid

3823 12 00

– –

Oleic acid

3823 13 00

– –

Tall oil fatty acids

3823 19

– –

Other

3823 70 00

Industrial fatty alcohols

3824

Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included:

3824 60

Sorbitol other than that of subheading 2905 44

ANNEX II

List 1: Goods originating in the Community for which Croatia will eliminate duties

CN code

Description

0501 00 00

Human hair, unworked, whether or not washed or scoured; waste of human hair

0502

Pigs', hogs' or boars' bristles and hair; badger hair and other brush making hair; waste of such bristles or hair

0505

Skins and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers

0506

Bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised; powder and waste of these products

0507

Ivory, tortoiseshell, whalebone and whalebone hair, horns, antlers, hooves, nails, claws and beaks, unworked or simply prepared but not cut to shape; powder and waste of these products

0508 00 00

Coral and similar materials, unworked or simply prepared but not otherwise worked; shells of molluscs, crustaceans or echinoderms and cuttle-bone, unworked or simply prepared but not cut to shape, powder and waste thereof

0510 00 00

Ambergris, castoreum, civet and musk; cantharides; bile, whether or not dried; glands and other animal products used in the preparation of pharmaceutical products, fresh, chilled, frozen or otherwise provisionally preserved

0511

Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption:

 

Other:

0511 99

– –

Other:

 

– – –

Natural sponges of animal origin:

0511 99 31

– – – –

Raw

0511 99 39

– – – –

Other

0511 99 85

– – –

Other:

ex 0511 99 85

– – – –

Horsehair and horsehair waste, whether or not put up as a layer with or without supporting material

0710

Vegetables (uncooked or cooked by steaming or boiling in water), frozen:

0710 40 00

Sweetcorn

0711

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption:

0711 90

Other vegetables; mixtures of vegetables:

 

– –

Vegetables:

0711 90 30

– – –

Sweetcorn

0903 00 00

Maté

1212

Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included:

1212 20 00

Seaweeds and other algae

1302

Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:

 

Vegetable saps and extracts:

1302 12 00

– –

Of liquorice

1302 13 00

– –

Of hops

1302 19

– –

Other

1302 20

Pectic substances, pectinates and pectates

 

Mucilages and thickeners, whether or not modified, derived from vegetable products:

1302 31 00

– –

Agar-agar

1302 32

– –

Mucilages and thickeners, whether or not modified, derived from locust beans, locust bean seeds or guar seeds:

1302 32 10

– – –

Of locust beans or locust bean seeds

1401

Vegetable materials of a kind used primarily for plaiting (for example, bamboos, rattans, reeds, rushes, osier, raffia, cleaned, bleached or dyed cereal straw, and lime bark)

1404

Vegetable products not elsewhere specified or included

1505 00

Wool grease and fatty substances derived therefrom (including lanolin)

1506 00 00

Other animal fats and oils and their fractions, whether or not refined, but not chemically modified

1515

Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified:

1515 90

Other:

1515 90 11

– –

Tung oil; jojoba and oiticica oils; myrtle wax and Japan wax; their fractions:

ex 1515 90 11

– – –

Jojoba oil and its fractions

1516

Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared:

1516 20

Vegetable fats and oils and their fractions:

1516 20 10

– –

Hydrogenated castor oil, so called “opal-wax”

1518 00

Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516; inedible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, not elsewhere specified or included:

1518 00 10

Linoxyn

 

Other:

1518 00 91

– –

Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516

 

– –

Other:

1518 00 95

– – –

Inedible mixtures or preparations of animal or of animal and vegetable fats and oils and their fractions

1518 00 99

– – –

Other

1520 00 00

Glycerol, crude; glycerol waters and glycerol lyes

1521

Vegetable waxes (other than triglycerides), beeswax, other insect waxes and spermaceti, whether or not refined or coloured

1522 00

Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes:

1522 00 10

Degras

1702

Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel:

1702 50 00

Chemically pure fructose

1702 90

Other, including invert sugar and other sugar and sugar syrup blends containing in the dry state 50 % by weight of fructose:

1702 90 10

– –

Chemically pure maltose

1704

Sugar confectionery (including white chocolate), not containing cocoa:

1704 10

Chewing gum, whether or not sugar-coated

1803

Cocoa paste, whether or not defatted

1804 00 00

Cocoa butter, fat and oil

1805 00 00

Cocoa powder, not containing added sugar or other sweetening matter

1901

Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included:

1901 10 00

Preparations for infant use, put up for retail sale

1901 20 00

Mixes and doughs for the preparation of bakers' wares of heading 1905

1901 90

Other

1902

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared:

 

Uncooked pasta, not stuffed or otherwise prepared:

1902 11 00

– –

Containing eggs

1902 19

– –

Other

1902 20

Stuffed pasta, whether or not cooked or otherwise prepared:

 

– –

Other:

1902 20 91

– – –

Cooked

1902 20 99

– – –

Other

1902 30

Other pasta

1902 40

Couscous

1903 00 00

Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms

1904

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included

2001

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid:

2001 90

Other:

2001 90 30

– –

Sweetcorn (Zea mays var. saccharata)

2001 90 40

– –

Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch

2001 90 60

– –

Palm hearts

2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006:

2004 10

Potatoes:

 

– –

Other:

2004 10 91

– – –

In the form of flour, meal or flakes

2004 90

Other vegetables and mixtures of vegetables:

2004 90 10

– –

Sweetcorn (Zea mays var. saccharata)

2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006:

2005 20

Potatoes:

2005 20 10

– –

In the form of flour, meal or flakes

2005 80 00

Sweetcorn (Zea mays var. saccharata)

2008

Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included:

 

Nuts, groundnuts and other seeds, whether or not mixed together:

2008 11

– –

Groundnuts:

2008 11 10

– – –

Peanut butter

 

Other, including mixtures other than those of subheading 2008 19:

2008 91 00

– –

Palm hearts

2008 99

– –

Other:

 

– – –

Not containing added spirit

 

– – – –

Not containing added sugar

2008 99 85

– – – – –

Maize (corn), other than sweetcorn (Zea mays var. saccharata)

2008 99 91

– – – – –

Yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch

2101

Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof

2102

Yeast (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading 3002); prepared baking powders

2103

Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard

2104

Soups and broths and preparations therefor; homogenised composite food preparations

2106

Food preparations not elsewhere specified or included:

2106 10

Protein concentrates and textured protein substances

2106 90

Other:

2106 90 20

– –

Compound alcoholic preparations, other than those based on odoriferous substances, of a kind used for the manufacture of beverages

 

– –

Other:

2106 90 92

– – –

Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch

2106 90 98

– – –

Other

2201

Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavoured; ice and snow:

2201 90 00

Other

2203 00

Beer made from malt

2207

Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher; ethyl alcohol and other spirits, denatured, of any strength

2208

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol.; spirits, liqueurs and other spirituous beverages:

2208 20

Spirits obtained by distilling grape wine or grape marc

2208 30

Whiskies

2208 40

Rum and other spirits obtained by distilling fermented sugar-cane products

2208 50

Gin and Geneva

2208 60

Vodka

2208 70

Liqueurs and cordials

2208 90

Other:

 

– –

Arrack, in containers holding:

2208 90 11

– – –

2 litres or less

2208 90 19

– – –

More than 2 litres

 

– –

Plum, pear or cherry spirit (excluding liqueurs), in containers holding:

2208 90 33

– – –

2 litres or less:

ex 2208 90 33

– – – –

Pear or cherry spirit except plum-brandy (Slivovitz)

2208 90 38

– – –

More than 2 litres:

ex 2208 90 38

– – – –

Pear or cherry spirit except plum-brandy (Slivovitz)

 

– –

Other spirits and other spirituous beverages, in containers holding:

 

– – –

2 litres or less:

2208 90 41

– – – –

Ouzo

 

– – – –

Other:

 

– – – – –

Spirits (excluding liqueurs):

 

– – – – – –

Distilled from fruit:

2208 90 45

– – – – – – –

Calvados

2208 90 48

– – – – – – –

Other

 

– – – – – –

Other:

2208 90 52

– – – – – – –

Korn

2208 90 54

– – – – – – –

Tequila

2208 90 56

– – – – – – –

Other

2208 90 69

– – – – –

Other spirituous beverages

 

– – –

More than 2 litres:

 

– – – –

Spirits (excluding liqueurs):

2208 90 71

– – – – –

Distilled from fruit

2208 90 75

– – – – –

Tequila

2208 90 77

– – – – –

Other

2208 90 78

– – – –

Other spirituous beverages

 

– –

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol., in containers holding:

2208 90 91

– – –

2 litres or less

2208 90 99

– – –

More than 2 litres

2402

Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes:

2402 10 00

Cigars, cheroots and cigarillos, containing tobacco

2403

Other manufactured tobacco and manufactured tobacco substitutes; “homogenised” or “reconstituted” tobacco; tobacco extracts and essences:

 

Other:

2403 91 00

– –

“Homogenised” or “reconstituted” tobacco

2403 99

– –

Other

2905

Acyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives:

 

Other polyhydric alcohols:

2905 43 00

– –

Mannitol

2905 44

– –

D-glucitol (sorbitol)

2905 45 00

– –

Glycerol

3301

Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils:

3301 90

Other:

 

– –

Extracted oleoresins:

3301 90 21

– – –

Of liquorice and hops

3301 90 30

– – –

Other

3302

Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages:

3302 10

Of a kind used in the food or drink industries:

 

– –

Of a kind used in the drink industries:

 

– – –

Preparations containing all flavouring agents characterising a beverage:

3302 10 10

– – – –

Of an actual alcoholic strength by volume exceeding 0,5 %

 

– – – –

Other:

3302 10 21

– – – – –

Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch

3302 10 29

– – – – –

Other

3501

Casein, caseinates and other casein derivatives; casein glues:

3501 10

Casein

3501 90

Other:

3501 90 90

– –

Other

3505

Dextrins and other modified starches (for example, pregelatinised or esterifiedstarches); glues based on starches, or on dextrins or other modified starches:

3505 10

Dextrins and other modified starches:

3505 10 10

– –

Dextrins

 

– –

Other modified starches:

3505 10 90

– – –

Other

3505 20

Glues

3809

Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included:

3809 10

With a basis of amylaceous substances

3823

Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols:

 

Industrial monocarboxylic fatty acids; acid oils from refining:

3823 11 00

– –

Stearic acid

3823 12 00

– –

Oleic acid

3823 13 00

– –

Tall oil fatty acids

3823 19

– –

Other

3823 70 00

Industrial fatty alcohols

3824

Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included:

3824 60

Sorbitol other than that of subheading 2905 44

List 2: Quotas and duties applicable upon import into Croatia of goods originating in the Community

Note: The products listed in this Table shall benefit from a zero-duty tariff within the tariff quotas set out below. The applicable duty for quantities exceeding these volumes will be 50 % of the MFN duty rate.

CN code

Description

Annual tariff quota

0403 10 51

0403 10 53

0403 10 59

0403 10 91

0403 10 93

0403 10 99

0403 90 71

0403 90 73

0403 90 79

0403 90 91

0403 90 93

0403 90 99

Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, flavoured or containing added fruit, nuts or cocoa

2 390 tonnes

0405 20 10

0405 20 30

Dairy spreads of a fat content, by weight, of 39 % or more but not exceeding 75 %

68 tonnes

1517 10 10

1517 90 10

1517 90 93

Margarine and edible mixtures or preparations of animal or vegetable fats or oils or of fractions, containing more than 10 % but not more than 15 % by weight of milk fats; edible mixtures or preparations of a kind used as mould release preparations

700 tonnes

2201 10 11

2201 10 19

2201 10 90

Mineral waters and aerated waters

16 907 tonnes

2205 10 10

2205 10 90

2205 90 10

2205 90 90

Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances

420 hl

ex 2208 90 33

ex 2208 90 38

Plum-brandy (Slivovitz) of an alcoholic strength by volume of less than 80 % vol.

170 hl

2402 20 10

2402 20 90

2402 90 00

Cigarettes containing tobacco; cigars, cheroots, cigarillos and cigarettes, of tobacco substitutes

35 tonnes

2403 10 10

2403 10 90

Smoking tobacco, whether or not containing tobacco substitutes in any proportion

42 tonnes

List 3: Quotas and duties applicable upon import into Croatia of goods originating in the Community

Note: The products listed in this Table shall benefit from a zero-duty tariff within the tariff quotas set out below. The applicable duty for quantities exceeding these volumes will be 40 % of the MFN duty rate.

CN code

Description

Annual tariff quota (tonnes)

1704 90 10

1704 90 30

1704 90 51

1704 90 55

1704 90 61

1704 90 65

1704 90 71

1704 90 75

1704 90 81

1704 90 99

Sugar confectionery (including white chocolate) other than chewing gum, not containing cocoa

1 250

1806

Chocolate and other food preparations containing cocoa

2 410

1905

Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

4 390

2105 00

Ice cream and other edible ice, whether or not containing cocoa

1 430

2202

Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009

18 100

List 4: Quotas and duties applicable upon import into Croatia of goods originating in the Community

Note: The products listed in this Table shall benefit from a zero-duty tariff within the annual tariff quotas set out below. For the quantities exceeding the quota, the conditions set out in Annex II, list 1 to Protocol 3 apply.

CN code

Description

Annual tariff quota (tonnes)

2103 90 30

2103 90 90

Aromatic bitters of an alcoholic strength by volume of 44,2 to 49,2 % vol. containing from 1,5 to 6 % by weight of gentian, spices and various ingredients and from 4 to 10 % of sugar, in containers holding 0,5 litre or less; other sauces and preparations thereof and mixed condiments and mixed seasonings, excluding soya sauce, tomato ketchup and other tomato sauces and liquid mango chutney

300

ANNEX IX

ANNEX I

AGREEMENT

BETWEEN THE EUROPEAN COMMUNITY AND THE REPUBLIC OF CROATIA ON RECIPROCAL PREFERENTIAL TRADE CONCESSIONS FOR CERTAIN WINES

1.

Imports into the Community of the following products originating in the Republic of Croatia shall be subject to the concessions set out below from 1 August 2007:

CN code

Description

Applicable duty

Annual Quantity (hl)

Yearly increase (hl)

Specific provisions

ex 2204 10

ex 2204 21

Quality sparkling wine

Wine of fresh grapes

exemption

44 000

10 000

(1)(2)

ex 2204 29

Wine of fresh grapes

exemption

29 000

0

(2)

(1)

Subject to at least 80 % of the eligible quantity having been utilised in the previous year, the yearly increase is applied until the sum of the quota applying to position ex 2204 10 and ex 2204 21 and the quota applying to position ex 2204 29 reaches a maximum of 98 000 hl.

(2)

Consultations at the request of one of the Contracting Parties may be held to adapt the quotas by transfering quantities from the quota applying to position ex 2204 29 to the quota applying to positions ex 2204 10 and ex 2204 21.

2.

The Community shall grant a preferential zero-duty within tariff quotas as mentioned under point 1, subject to the condition that no export subsidies shall be paid for exports of these quantities by the Republic of Croatia.

3.

Imports into the Republic of Croatia of the following products originating in the Community shall be subject to the concessions set out below from 1 August 2007:

Croatian customs tariff code

Description

Applicable duty

Annual Quantities (hl)

Yearly increase (hl)

Specific provisions

ex 2204 10

ex 2204 21

Quality sparkling wine

Wine of fresh grapes

exemption

14 000

800

(1)

ex 2204 29

Wine of fresh grapes

exemption

8 000

0

 

ex 2204

Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009

50 % of MFN

900

0

 

(1)

Subject to at least 80 % of the eligible quantity having been utilised in the previous year, the yearly increase is applied until the quota reaches a maximum of 18 000 hl.

4.

The Republic of Croatia shall grant a preferential zero-duty within tariff quotas as mentioned under point 3, subject to the condition that no export subsidies shall be paid for exports of these quantities by the Community.

5.

This Agreement shall cover wine

(a)

which has been produced from fresh grapes wholly produced and harvested in the territory of the Contracting Party in question, and

(b)

(i)

originating in the EU, which has been produced in accordance with the rules governing the oenological practices and processes referred to in Title V of Council Regulation (EC) No 1493/1999;

(ii)

originating in the Republic of Croatia, which has been produced in accordance with the rules governing the oenological practices and processes in conformity with the Croatian law. These oenological rules referred to shall be in conformity with the Community legislation.

6.