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 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.
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).
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.
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
The Council, acting by qualified majority on a proposal from the Commission, shall decide on a list of non-cooperating third countries.
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.
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
The Council, acting by qualified majority on a proposal from the Commission, shall remove a third country from the list of non-cooperating third countries if the third country concerned demonstrates that the situation that warranted its listing has been rectified. A removal decision shall also take into consideration whether the identified third countries concerned have taken concrete measures capable of achieving a lasting improvement of the situation.
Following a decision taken pursuant to paragraph 1 of this 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 Union and those organisations aimed at preventing, deterring and eliminating IUU fishing.
Article 36
Emergency measures
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.
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.
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.
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.
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 Union IUU vessel list
The following measures shall apply to the fishing vessels included in the Union IUU vessel list (IUU fishing vessels):
-
- flag Member States shall not submit to the Commission any requests for fishing authorisations in respect of IUU fishing vessels;
-
- current fishing authorisations or special fishing permits issued by flag Member States in respect of IUU fishing vessels shall be withdrawn;
-
- IUU fishing vessels flying the flag of a third country shall not be authorised to fish in Union waters and shall be prohibited to be chartered;
-
- fishing vessels flying the flag of a Member State shall not in any way assist, engage in fish processing operations or participate in any transhipment or joint fishing operations with IUU fishing vessels;
-
- IUU fishing vessels flying the flag of a Member State shall only be authorised access to their home ports and to no other Union port, except in case of force majeure or distress. IUU fishing vessels flying the flag of a third country shall not be authorised to enter into a port of a Member State, except in case of force majeure or distress. Alternatively, a Member State may authorise the entry into its ports of an IUU fishing vessel on the condition that the catches on board and, where appropriate, fishing gear prohibited pursuant to conservation and management measures adopted by regional fisheries management organisations, are confiscated. Member States shall also confiscate catches and, where appropriate, fishing gear prohibited pursuant to those measures, on board IUU fishing vessels which have been authorised to enter into its ports for reason of force majeure or distress;
-
- IUU fishing vessels flying the flag of a third country shall not be supplied in ports with provisions, fuel or other services, except in case of force majeure or distress;
-
- IUU fishing vessels flying the flag of a third country shall not be authorised to change the crew, except as necessary in case of force majeure or distress;
-
- Member States shall refuse the granting of their flag to IUU fishing vessels;
-
- the importation of fishery products caught by IUU fishing vessels shall be prohibited, and accordingly catch certificates accompanying such products shall not be accepted or validated;
-
- the exportation and re-exportation of fishery products from IUU fishing vessels for processing shall be prohibited;
-
- IUU fishing vessels with no fish and crew on board shall be authorised to enter a port for its scrapping, but without prejudice to any prosecutions and sanctions imposed against that vessel and any legal or natural person concerned.
Article 38
Action in respect of non-cooperating third countries
The following measures shall apply to non-cooperating third countries:
-
- the importation into the Union of fishery products caught by fishing vessels flying the flag of such countries shall be prohibited, and accordingly catch certificates accompanying such products shall not be accepted. In the event that the identification of a non-cooperating third country pursuant to Article 31 is justified by the lack of appropriate measures adopted by this third country in relation to IUU fishing affecting a given stock or species, the prohibition of importation may only apply in respect of this stock or species;
-
- the purchase by Union operators of a fishing vessel flying the flag of such countries shall be prohibited;
-
- the reflagging of a fishing vessel flying the flag of a Member State to such countries shall be prohibited;
-
- Member States shall not authorise the conclusion of chartering agreements with such countries for fishing vessels flying their flag;
-
- the exportation of Union fishing vessels to such countries shall be prohibited;
-
- private trade arrangements between nationals of a Member State and such countries in order for a fishing vessel flying the flag of that Member State to use the fishing possibilities of such countries shall be prohibited;
-
- joint fishing operations involving fishing vessels flying the flag of a Member State with a fishing vessel flying the flag of such countries shall be prohibited;
-
- the Commission shall propose the denunciation of any standing bilateral fisheries agreement or fisheries partnership agreement with such countries which provides for termination of the agreement in case of failure to comply with undertakings made by them with regard to combating IUU fishing;
-
- the Commission shall not enter into negotiations to conclude a bilateral fisheries agreement or fisheries partnership agreements with such countries;
-
- the ownership, including as a beneficial owner as defined in Article 3, point (6), of Directive (EU) 2015/849 of the European Parliament and of the Council ([^E0006]), operation or management by Union operators of fishing vessels flying the flag of such countries shall be prohibited. Union owners, including beneficial owners, of fishing vessels flying the flag of such countries shall request that those vessels be removed from the registry of such countries within two months of the publication of the list of non-cooperating third countries in accordance with Article 33 of this Regulation. Where the request cannot be made directly by the owners, including beneficial owners, they shall mandate a relevant natural or legal person empowered to act on their behalf to request such removal within the timeframe provided;
-
- access to port services and the conduct of landing or transhipment operations in Union ports by fishing vessels flying the flag of such countries shall be prohibited.
CHAPTER VIII NATIONALS
Article 39
Nationals supporting or engaged in IUU fishing
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 Union IUU vessel list.
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 Union law, in order to identify nationals supporting or engaged in IUU fishing.
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.
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
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.
Nationals shall not sell or export any fishing vessel to operators involved in the operation, management or ownership of fishing vessels included in the Union IUU vessel list.
Without prejudice to other provisions laid down in Union law pertaining to public funds, Member States shall not grant any public aid under national aid regimes or under Union funds to operators involved in the operation, management or ownership of fishing vessels included in the Union IUU vessel list.
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 PROCEEDINGS AND ENFORCEMENT
Article 41
Scope
This Chapter shall apply in relation to:
-
- serious infringements committed within the territory of Member States to which the Treaty applies, or within maritime waters under the sovereignty or jurisdiction of the Member States, with the exception of waters adjacent to the territories and countries mentioned in Annex II of the Treaty;
-
- serious infringements committed by Union fishing vessels or nationals of Member States;
-
- serious infringements detected within the territory or within waters as referred to in point 1 of this Article but which have been committed on the high seas or within the jurisdiction of a third country and are being sanctioned pursuant to Article 11(4).
Article 42
Serious infringements
For the purposes of this Regulation, ‘serious infringement’ means any infringement falling within the scope of this Regulation which is listed in Article 90(2) of Regulation (EC) No 1224/2009 or considered to be a serious infringement pursuant to Article 90(3) of that Regulation.
Article 42a
Proceedings in the event of serious infringements
Without prejudice to Article 11(4) and Article 50 of this Regulation, Member States shall apply Article 85 of Regulation (EC) No 1224/2009 where a serious infringement is detected.
Article 43
Measures and sanctions
In the event of serious infringements, Member States shall apply measures and sanctions in accordance with Title VIII of Regulation (EC) No 1224/2009.
CHAPTER X IMPLEMENTATION OF PROVISIONS ADOPTED WITHIN CERTAIN REGIONAL FISHERIES MANAGEMENT ORGANISATIONS PERTAINING TO FISHING VESSEL SIGHTINGS
Article 48
Sightings at sea
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 Union.
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.
In the event that the master of a Union 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.
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.
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.
This Article shall apply without prejudice to stricter provisions adopted by regional fisheries management organisations to which the Union is a contracting party.
Article 49
Submission of information regarding sighted fishing vessels
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).
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
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.
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.
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.
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.
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 Union is a contracting party.
CHAPTER XI MUTUAL ASSISTANCE
Article 51
Mutual assistance
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.
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.
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
The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 47 of Regulation (EU) No 1380/2013. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council ([^E0007]).
Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 54a
Annexes and documents
The Commission is empowered to adopt delegated acts in accordance with Article 54b amending Annex I, Annex II, including the Appendix thereto, and Annex IV, as well as supplementing this Regulation by adopting and keeping up to date a template for the document referred to in Article 14(1), point (b)(ii), in order to take into account international developments in catch documentation schemes, scientific developments and technical progress, including adaptations for the purpose of the implementation of CATCH. The Commission is also empowered to adopt delegated acts in accordance with Article 54b amending Annex I each year on the basis of the information collected under Chapters II, III, IV, V, VIII, X and XII.
Article 54b
Exercise of the delegation
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
The power to adopt delegated acts referred to in Article 12a(3) and Article 54a shall be conferred on the Commission for an indeterminate period of time.
The delegation of power referred to in Article 12a(3) and Article 54a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making ([^E0008]).
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
A delegated act adopted pursuant to Article 12a(3) and Article 54a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Article 55
Reporting obligations
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.
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.
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.
ANNEX I
List of products excluded from the definition of ‘fishery products’ set out in point 8 of Article 2
| ex Chapter 3 ex 1604 ex 1605 | Aquaculture products obtained from fry or larvae |
| 0302 91 00 ex 0302 99 00 0303 91 10 0303 91 90 ex 0303 99 00 0305 20 00 0305 72 00 ex 0305 79 00 ex 1604 | Livers, roes, milt, fish fins (with exception to fins of fish of the class Chondrichthyes), heads, tails, maws and other edible fish offal |
| 0301 11 00 0301 19 00 | Ornamental fish, live |
| ex 0301 91 | Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), live, caught in freshwater |
| ex 0301 92 | Eels (Anguilla spp.), live, caught in freshwater |
| 0301 93 00 | Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), live |
| ex 0301 99 11 | Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), live, caught in freshwater |
| 0301 99 17 | Other freshwater fish, live |
| ex 0302 11 | Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| ex 0302 13 00 | Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| ex 0302 14 00 | Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| ex 0302 19 00 | Other Salmonidae, fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| 0302 71 00 | Tilapias (Oreochromis spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |
| 0302 72 00 | Catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |
| 0302 73 00 | Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |
| ex 0302 74 00 | Eels (Anguilla spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| 0302 79 00 | Nile perch (Lates niloticus) and snakeheads (Channa spp.), fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |
| 0302 89 10 | Other freshwater fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |
| ex 0303 11 00 | Sockeye salmon (red salmon) (Oncorhynchus nerka), frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| ex 0303 12 00 | Other Pacific salmon (Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| ex 0303 13 00 | Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| ex 0303 14 | Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| ex 0303 19 00 | Other salmonidae, frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| 0303 23 00 | Tilapias (Oreochromis spp.), frozen, excluding fish fillets and other fish meat of heading 0304 |
| 0303 24 00 | Catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), frozen, excluding fish fillets and other fish meat of heading 0304 |
| 0303 25 00 | Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), frozen, excluding fish fillets and other fish meat of heading 0304 |
| ex 0303 26 00 | Eels (Anguilla spp.), frozen, excluding fish fillets and other fish meat of heading 0304, caught in freshwater |
| 0303 29 00 | Nile perch (Lates niloticus) and snakeheads (Channa spp.), frozen, excluding fish fillets and other fish meat of heading 0304 |
| 0303 89 10 | Other freshwater fish, frozen, excluding fish fillets and other fish meat of heading 0304 |
| 0304 31 00 | Fresh or chilled fillets of tilapias (Oreochromis spp.) |
| 0304 32 00 | Fresh or chilled fillets of catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.) |
| 0304 33 00 | Fresh or chilled fillets of Nile perch (Lates niloticus) |
| ex 0304 39 00 | Fresh or chilled fillets of carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), caught in freshwater, and snakeheads (Channa spp.) |
| ex 0304 41 00 | Fresh or chilled fillets of Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), caught in freshwater |
| ex 0304 42 | Fresh or chilled fillets of trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), caught in freshwater |
| 0304 49 10 | Fresh or chilled fillets of other freshwater fish |
| ex 0304 51 00 | Fish meat (whether or not minced) other than fish fillets, fresh or chilled, of tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), caught in freshwater, Nile perch (Lates niloticus) and snakeheads (Channa spp.) |
| ex 0304 52 00 | Fish meat (whether or not minced) other than fish fillets, fresh or chilled, of salmonidae, caught in freshwater |
| 0304 59 10 | Fish meat (whether or not minced) other than fish fillets, fresh or chilled, of other freshwater fish |
| 0304 61 00 | Frozen fillets of tilapias (Oreochromis spp.) |
| 0304 62 00 | Frozen fillets of catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.) |
| 0304 63 00 | Frozen fillets of Nile perch (Lates niloticus) |
| ex 0304 69 00 | Frozen fillets of carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), caught in freshwater, and snakeheads (Channa spp.) |
| ex 0304 81 00 | Frozen fillets of Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), caught in freshwater |
| ex 0304 82 | Frozen fillets of trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), caught in freshwater |
| 0304 89 10 | Frozen fillets of other freshwater fish |
| ex 0304 93 | Fish meat (whether or not minced) other than fish fillets, frozen, of tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), caught in freshwater, Nile perch (Lates niloticus) and snakeheads (Channa spp.) |
| 0304 99 21 | Fish meat (whether or not minced) other than fish fillets, frozen, of other freshwater fish |
| ex 0305 31 00 | Fish fillets, dried, salted or in brine, but not smoked, of tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), caught in freshwater, Nile perch (Lates niloticus) and snakeheads (Channa spp.) |
| ex 0305 39 10 | Fish fillets, salted or in brine, but not smoked, of Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), caught in freshwater |
| ex 0305 39 90 | Fish fillets, dried, salted or in brine, but not smoked, of other freshwater fish |
| ex 0305 41 00 | Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), smoked, including fillets, caught in freshwater |
| ex 0305 43 00 | Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster), smoked, including fillets, caught in freshwater |
| ex 0305 44 10 | Eels (Anguilla spp.), smoked, including fillets, caught in freshwater |
| 0305 44 90 | Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), Nile perch (Lates niloticus) and snakeheads (Channa spp.), smoked, including fillets |
| ex 0305 49 80 | Other freshwater fish, smoked, including fillets |
| ex 0305 52 00 | Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), caught in freshwater, Nile perch (Lates niloticus) and snakeheads (Channa spp.), dried, whether or not salted but not smoked |
| ex 0305 59 85 | Other freshwater dried fish, whether or not salted but not smoked |
| ex 0305 64 00 | Tilapias (Oreochromis spp.), catfish (Pangasius spp., Silurus spp., Clarias spp., Ictalurus spp.), carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.), eels (Anguilla spp.), caught in freshwater, Nile perch (Lates niloticus) and snakeheads (Channa spp.), in brine or salted but not dried or smoked |
| ex 0305 69 50 | Pacific salmon (Oncorhynchus nerka, Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus tschawytscha, Oncorhynchus kisutch, Oncorhynchus masou and Oncorhynchus rhodurus), Atlantic salmon (Salmo salar) and Danube salmon (Hucho hucho), in brine or salted but not dried or smoked, caught in freshwater |
| ex 0305 69 80 | Other freshwater fish, in brine or salted but not dried or smoked |
| 0306 19 10 | Freshwater crayfish, frozen |
| ex 0306 31 00 | Rock lobster and other sea crawfish (Palinurus spp., Panulirus spp., Jasus spp.), ornamental live |
| ex 0306 32 10 | Lobsters (Homarus spp.), ornamental live |
| ex 0306 33 10 ex 0306 33 90 | Crabs, ornamental live |
| ex 0306 34 00 | Norway lobsters (Nephrops norvegicus), ornamental live |
| ex 0306 35 50 ex 0306 35 90 | Cold-water shrimps and prawns (Pandalus spp., Crangon crangon), ornamental live |
| ex 0306 36 10 | Shrimps of the family Pandalidae, other than of the genus Pandalus, ornamental live |
| ex 0306 36 50 | Shrimps of the genus Crangon, other than of the species Crangon crangon, ornamental, live |
| ex 0306 36 90 | Other shrimps and prawns, ornamental live |
| 0306 39 10 | Freshwater crayfish, live, fresh or chilled |
| ex 0306 39 90 | Other crustaceans, ornamental live; crustaceans caught in freshwater |
| 0306 99 10 | Freshwater crayfish, dried, salted or in brine; smoked, whether in shell or not, whether or not cooked before or during the smoking process |
| 0307 11 10 0307 11 90 0307 12 00 0307 19 00 | Oysters, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked oysters, whether in shell or not, whether or not cooked before or during the smoking process |
| 0307 21 10 | Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, whether in shell or not, live, fresh or chilled |
| 0307 21 90 | Other scallops and other molluscs of the family Pectinidae, whether in shell or not, live, fresh or chilled |
| 0307 22 10 0307 22 90 | Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, whether in shell or not, frozen |
| 0307 22 95 | Other scallops and other molluscs of the family Pectinidae, whether in shell or not, frozen |
| 0307 29 10 | Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten, whether in shell or not, dried, salted or in brine; smoked, whether in shell or not, whether or not cooked before or during the smoking process |
| 0307 29 90 | Other scallops and other molluscs of the family Pectinidae, whether in shell or not, dried, salted or in brine; smoked, whether in shell or not, whether or not cooked before or during the smoking process |
| 0307 31 10 0307 31 90 0307 32 10 0307 32 90 0307 39 20 0307 39 80 | Mussels (Mytilus spp., Perna spp.), whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked mussels, whether in shell or not, whether or not cooked before or during the smoking process |
| ex 0307 42 | Cuttle fish and squid, ornamental live |
| ex 0307 51 00 | Octopus (Octopus spp.), ornamental live |
| 0307 60 00 | Snails, other than sea snails, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked snails, other than sea snails, whether in shell or not, whether or not cooked before or during the smoking process |
| 0307 71 00 0307 72 10 0307 72 90 0307 79 00 | Clams, cockles and ark shells (families Arcidae, Arcticidae, Cardiidae, Donacidae, Hiatellidae, Mactridae, Mesodesmatidae, Myidae, Semelidae, Solecurtidae, Solenidae, Tridacnidae and Veneridae), whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked clams, cockles and ark shells, whether in shell or not, whether or not cooked before or during the smoking process |
| ex 0307 81 00 ex 0307 82 00 | Abalone (Haliotis spp.) and stromboid conchs (Strombus spp.), ornamental live |
| 0307 91 00 0307 92 00 0307 99 00 | Other molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; other smoked molluscs, whether in shell or not, whether or not cooked before or during the smoking process |
| ex 0308 11 00 ex 0308 21 00 ex 0308 30 80 ex 0308 90 10 | Aquatic invertebrates other than crustaceans and molluscs, ornamental live; freshwater aquatic invertebrates other than crustaceans and molluscs |
| 0308 30 50 0308 30 80 | Jellyfish (Rhopilema spp.) |
| 0308 90 10 0308 90 50 0308 90 90 | Other aquatic invertebrates other than crustaceans and molluscs |
| 0309 10 00 0309 90 00 | Flours, meals and pellets of fish, crustaceans, molluscs and other aquatic invertebrates, fit for human consumption |
| ex 1604 11 00 | Salmon, caught in freshwater, prepared or preserved, whole or in pieces, but not minced |
| ex 1604 17 00 | Eels, caught in freshwater, prepared or preserved, whole or in pieces, but not minced |
| ex 1604 19 10 | Salmonidae, other than salmon, caught in freshwater, prepared or preserved, whole or in pieces, but not minced |
| ex 1604 19 91 | Fillets of freshwater fish, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, frozen |
| ex 1604 19 97 | Other freshwater fish, prepared or preserved, whole or in pieces, but not minced, other than fish fillets, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, frozen |
| ex 1604 20 10 | Salmon, caught in freshwater, otherwise prepared or preserved (other than whole or in pieces, but not minced) |
| ex 1604 20 30 | Salmonidae, other than salmon, caught in freshwater, otherwise prepared or preserved (other than whole or in pieces, but not minced) |
| ex 1604 20 90 | Other freshwater fish, otherwise prepared or preserved (other than whole or in pieces, but not minced) |
| 1604 32 00 | Caviar substitutes |
| ex 1605 40 00 | Freshwater crayfish, prepared or preserved |
| 1605 51 00 | Oysters, prepared or preserved |
| 1605 52 00 | Scallops, including queen scallops, prepared or preserved |
| 1605 53 10 1605 53 90 | Mussels, prepared or preserved |
| 1605 56 00 | Clams, cockles and ark shells, prepared or preserved |
| 1605 58 00 | Snails, other than sea snails, prepared or preserved |
| ex 1605 59 00 | Other molluscs (except stromboid conchs (Strombus spp.)), prepared or preserved |
| 1605 63 00 | Jellyfish, prepared or preserved |
| 1605 69 00 | Other aquatic invertebrates, prepared or preserved |
ANNEX II
European Union Catch Certificate and Re-Export Certificate
Image omitted; see official source
Image omitted; see official source
Image omitted; see official source
Appendix
TRANSPORT DETAILS ([^E0009])
| 1. Country of exportation Port/airport/other point of departure | 2. Exporter signature | 2. Exporter signature | 3. Point of destination | 3. Point of destination |
| Vessel name and flag Flight number/airway bill number Truck nationality and registration number Railway bill number Freight bill number Other transport documents (e.g. bill of lading, CMR [^E0010], air waybill) | Container number(s) list attached | Name | Address | Signature |
Contract for the International Carriage of Goods by Road.
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 12 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 1005/2008 of 29 September 2008 establishing a Union system to prevent, deter and eliminate illegal, unreported and unregulated fishing
DOCUMENT NUMBER ([^E0011]): …
I confirm that the processed fishery products: … (product description and Combined Nomenclature code) have been obtained from catches under the following catch certificate(s):
Image omitted; see official source
Catch certificate number
Vessel name(s) and flag(s)
Validation date(s)
Catch description
Total landed weight (kg)
Catch processed (kg)
Processed fishery product (kg)
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:
…
Image omitted; see official source
Responsible person of the processing plant:
Signature:
Date:
Place:
Endorsement by the competent authority:
…
Image omitted; see official source
Official:
Signature and seal:
Date:
Place:
OJ L 256, 7.9.1987, p. 1.
[^E0002]: Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).
[^E0003]: Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
[^E0004]: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
[^E0005]: Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
[^E0006]: Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).
[^E0007]: Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
[^E0008]: OJ L 123, 12.5.2016, p. 1.
[^E0009]: In the case of use of multiple modes of transport or multiple shipments, the information related to the transport has to be provided for each mode of transport used for each shipment.
[^E0011]: Insert document number.
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