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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

Type Regulation

Publication 2008-10-29

Last updated 2026-01-10

State In force

Department Council of the European Union

Source EUR-Lex

articles 61

Reform history JSON API

CHAPTER I GENERAL PROVISIONS

Article 1

Subject matter and scope

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

For the purposes of paragraph 1, each Member State shall take appropriate measures, in accordance with Union 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.

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 Union 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;

1. ‘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;

1. ‘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;

1. ‘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;

1. ‘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;

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

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

1. ‘fishery products’ mean any products which fall under Chapter 03 and Tariff headings 1604 and 1605 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff ([^E0001]), with the exception of the products listed in Annex I of this Regulation;

1. ‘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 Union law;

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

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

1. ‘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;

1. ‘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 Union, from third countries or from fishing grounds;

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

1. ‘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;

1. ‘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;

1. ‘sighting’ means any observation by a Member State’s competent authority responsible for inspection at sea, or by the master of a Union or third-country fishing vessel of a fishing vessel engaged in activities that may be considered to be IUU fishing in accordance with Article 3;

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

1. ‘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;

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

1. ‘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, Union or national sources or strategies;

1. ‘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);

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

Article 3

Fishing vessels engaged in IUU fishing

A fishing vessel shall be presumed to be engaged in IUU fishing if, contrary to the conservation and management measures applicable in the fishing area concerned, it carried out one or more activities:

(a) listed in Article 90(2), points (a) to (m), of Regulation (EC) No 1224/2009; or

(b) considered to be serious infringements pursuant to Article 90(3), points (a) to (f), (h), (i), (j), (l) and (n), of Regulation (EC) No 1224/2009.

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

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.

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.

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

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

Article 5

Designated ports

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.

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

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.

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

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 Union 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 Union.

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 13 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.

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.

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

Article 7

Authorisation

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).

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.

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

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.

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.

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

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

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.

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 Union 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

For the purpose of verifying compliance with applicable laws, regulations and relevant international conservation and management measures, Member States shall apply the provisions of Chapter I of Title VII of Regulation (EC) No 1224/2009.

Article 11

Procedure in the event of infringements

If the information collected during the inspection or any other relevant data or information provides evidence that leads the official to believe that a fishing vessel has engaged in IUU fishing in accordance with Article 3 of this Regulation, the official shall carry out the duties set out in Article 82 of Regulation (EC) No 1224/2009.

If the results of the inspection provide evidence that a third-country fishing vessel has engaged in IUU fishing in accordance with Article 3, the competent authority of the port Member State shall not authorise such vessel to land or tranship its catch or to have access to port services.

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.

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 FISHERY PRODUCTS

Article 12

Catch certificates

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

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

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.

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.

Article 12a

Integrated computerised information management system for the Catch Certification Scheme

For the purpose of allowing the integrated management, handling, storage and exchange of information, data and documents relevant for checks, verifications, control and other relevant official activities concerning importation, re-exportation and, where relevant, exportation of fishery products, a digital information management system (CATCH) for the Catch Certification Scheme shall be established by the Commission in accordance with Articles 12b, 12c and 12d of this Regulation. CATCH shall be integrated in the Trade Control and Expert System (TRACES) referred to in Article 133(4) of Regulation (EU) 2017/625 of the European Parliament and of the Council ([^E0002]).

Exchange of information, data and documents in relation to the importation, re-exportation and, where relevant, exportation of fishery products and related checks, risk management, verifications and control, as well as in relation to documents referred to in this Chapter, such as importer declarations, catch certificates, re-export certificates, statements, applications or decisions, between the importer, the re-exporter and, where relevant, the exporter and the competent authorities of Member States, between the competent authorities of Member States or between the competent authorities of Member States and the Commission as provided for in this Regulation, shall be made using CATCH.

The Commission is empowered to adopt delegated acts in accordance with Article 54b supplementing this Regulation concerning the cases where, and the conditions under which, temporary exemptions from the application of paragraph 2 of this Article can be established.

The competent authorities of Member States shall use the information submitted by importers via CATCH under Article 16(1), for quantity management as well as, based on risk management, for carrying out their checks and verifications and for taking decisions as provided for under this Chapter and in delegated and implementing acts referred to in this Chapter and in Article 54a.

Article 12b

General functionalities of CATCH

CATCH shall:

(a) allow for the computerised submission, handling, storage, management and exchange of information, data and documents necessary for the performance of checks, risk management, verifications, control, quantity management and decisions as provided for under this Chapter and in the related delegated and implementing acts referred to in this Chapter and in Article 54a, between the competent authorities of Member States, between competent authorities of Member States and the Commission and, where appropriate, between competent authorities of Member States and competent authorities of flag States, countries of processing and other third countries concerned, and importers and exporters;

(b) provide for a quantity management mechanism which ensures that the weight of the raw material for one or more importations under one single catch certificate is not higher than the weight validated in such certificate;

(c) by 10 January 2028 provide for the possibility of exchanging information, data and documents relevant for importation, re-exportation and, where relevant, exportation of fishery products in accordance with the provisions of this Chapter and the delegated and implementing acts adopted pursuant to this Chapter, with other authorities of the Member States and with the customs authorities of Member States through the EU Single Window;

(d) provide for the possibility of electronic risk management and analysis.

CATCH may interoperate with other systems relevant for the fight against IUU fishing, including through an interface with existing and functioning national IT systems.

Article 12c

The functioning of CATCH

In accordance with the rules laid down for TRACES, the Commission may adopt implementing acts for the functioning of CATCH which lay down:

(a) the technical specifications for CATCH as a system component of TRACES, including the electronic data exchange mechanism for exchanges with existing national and other systems, identification of applicable standards, definition of message structures, access conditions, data dictionaries, exchange of protocols and procedures;

(b) the specific rules for the functioning of CATCH and of its system components to ensure protection of personal data and security of exchange of information;

(d) the cases where, and the conditions under which, the third countries and regional fisheries management organisations referred to in Article 13 or other international organisations may be granted partial access to the functionalities of CATCH and the technical specifications for such access;

(e) the rules under which electronic documents are validated in accordance with Regulation (EU) No 910/2014 of the European Parliament and of the Council ([^E0003]);

(f) the templates, forms and rules for the issuance of official documents, including in electronic format, provided for under this Regulation, other than those provided for in this Chapter and related Annexes.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2).

Article 12d

Protection of personal data

Regulation (EU) 2016/679 of the European Parliament and of the Council ([^E0004]) and Regulation (EU) 2018/1725 of the European Parliament and of the Council ([^E0005]) shall apply to the extent that the information processed through CATCH contains personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679.

In relation to their responsibilities to transmit the relevant information to CATCH and the processing of any personal data that might result from that activity, the competent authorities of the Member States shall be regarded as controllers as defined in Article 4, point (7), of Regulation (EU) 2016/679.

The Commission shall be regarded as controller as defined in Article 3, point (8), of Regulation (EU) 2018/1725 in relation to its responsibility to manage CATCH and the processing of any personal data that might result from that activity.

Member States and the Commission shall ensure that CATCH complies with the rules on personal data protection referred to in Articles 134 and 135 of Regulation (EU) 2017/625.

Article 12e

Data security

Member States and the Commission shall ensure that CATCH complies with the rules on data security referred to in Articles 134 and 136 of Regulation (EU) 2017/625.

Article 13

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

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).

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

Article 14

Importation of fishery products

In order to import fishery products transported in the same form to the Union from a third country other than the flag State or the State in which processing takes place as referred to in paragraph 2, the importer shall submit to the competent authorities of the Member States of importation:

(a) the catch certificate(s) validated by the flag State and, if applicable, the endorsed statement referred to in paragraph 2, as follows:
(i) the original catch certificate(s) and, if applicable, the original of the statement referred to in paragraph 2, of the fishery products concerned if the total consignment is exported; or
(ii) a copy of the original catch certificate(s) and, if applicable, a copy of the statement referred to in paragraph 2 where only a part of the fishery products concerned in the consignment is exported; 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. Such documented evidence shall be provided by means of:
(i) if the whole consignment related to a catch certificate and, if relevant, to the statement referred to in paragraph 2 is exported, the single transport document issued to cover the passage from the territory of the flag State or the State in which processing takes place through that third country; or
(ii) if the original consignment related to a catch certificate and, if relevant, to the statement referred to in paragraph 2 of this Article is split, a document validated by the competent authorities of that third country, using the template referred to in Article 54a, which at least:
— gives an exact description of the fishery products and the weight of the consignment exported, the dates of unloading and reloading of the fishery products and, where applicable, the names of the vessels or other means of transport used; and
— indicates the name and approval number of the storage facility and the conditions under which the fishery products remained in that third country.

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

In order to import fishery products constituting one single consignment and which have been processed in a third country, the importer shall submit to the competent 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 set out 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 catch documentation scheme adopted by a regional fisheries management organisation and 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.

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

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

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

Article 16

Submission and checks of catch certificates

The importer of fishery products into the Union shall submit the catch certificate, as established in Article 12(4), together with their transport details as specified in the Appendix to Annex II, the statement of the processing plant as established in Article 14(2) and other information as required in Articles 12, 14 and 17, electronically via CATCH to the competent authorities of the Member State into which the fishery products are intended to be imported. The catch certificate together with all the relevant accompanying documents shall be submitted at least three working days before the estimated time of arrival at the place of entry into the territory of the Union. 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 Union or the means of transport used. Those competent authorities shall, on the basis of risk management, check all submitted documents, in particular 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.

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.

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;

(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

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.

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.

Verifications shall focus on risks identified on the basis of risk-management criteria determined at Union level. In addition, Member States may develop additional national criteria for the same purpose. Member States shall notify to the Commission their national criteria and any updates thereof. The Commission shall, by means of implementing acts, determine the Union criteria. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2).

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).

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

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.

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.

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

The competent authorities of the Member States shall, where appropriate, refuse the importation into the Union 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;

(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 Union 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.

The competent authorities of the Member States shall, where appropriate, refuse the importation of any fishery products into the Union, 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

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

In the event that the importation of fishery products is 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.

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.

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

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

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

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

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

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.

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

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.

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 Union 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.

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

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.

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

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

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).

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.

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.

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.

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 UNION ALERT SYSTEM

Article 23

Issuance of alerts

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.

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

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.

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.

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

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;

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

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

(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;

(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

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.

Member States may, at any time, submit to the Commission any additional information which might be relevant for the establishment of the Union 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.

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

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.

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 Union 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.

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 Union 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).

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 Union IUU vessel list

The Commission shall, in accordance with the procedure referred to in Article 54(2), establish a Union 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.

Before placing any fishing vessel on the Union 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.

When a decision is taken to place a fishing vessel on the Union 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.

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.

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

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

(a) notify the owner of the fishing vessel of its inclusion on the Union 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.

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

Union fishing vessels shall not be included in the Union IUU vessel list if the flag Member State has taken action pursuant to this Regulation and Regulation (EC) No 1224/2009 against breaches constituting serious infringements as referred to in Article 42 of this Regulation, without prejudice to any action taken by regional fisheries management organisations.

Article 28

Removal of fishing vessels from the Union IUU vessel list

The Commission shall remove a fishing vessel from the Union 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.

The owner or, where appropriate, the operator of a fishing vessel placed on the Union 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.

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 Union IUU vessel list

The Union 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;

(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.

The Commission shall publish the Union 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.

The Commission shall update every three months the Union 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 Union and these organisations aimed at preventing, deterring and eliminating IUU fishing.

Article 30

IUU vessel lists adopted by regional fisheries management organisations

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

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.

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

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.

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.

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.

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.

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

(a) whether the third country concerned effectively cooperates with the Union, 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;

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

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.

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

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