Council Regulation (EC) No 1005/2008Dangos y teitl llawn

Article 18 Refusal of importation

1. The competent authorities of the Member States shall, where appropriate, refuse the importation into the Community of fishery products without having to request any additional evidence or send a request for assistance to the flag State where they become aware that:

(a) the importer has not been able to submit a catch certificate for the products concerned or to fulfil his obligations under Article 16(1) or (2);

(b) the products intended for importation are not the same as those mentioned in the catch certificate;

(c) the catch certificate is not validated by the public authority of the flag State referred to in Article 12(3);

(d) the catch certificate does not indicate all the required information;

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

(f) a fishing vessel figuring on the catch certificate as vessel of origin of the catches is included in the Community IUU vessel list or in the IUU vessel lists referred to in Article 30;

(g) the catch certificate has been validated by the authorities of a flag State identified as a non-cooperating State in accordance with Article 31.

2. The competent authorities of the Member States shall, where appropriate, refuse the importation of any fishery products into the Community, following a request for assistance pursuant to Article 17(6), where:

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

(b) they have received a reply according to which the products do not comply with the conservation and management measures, or other conditions under this Chapter are not met; or

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

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

3. In the event that the importation of fishery products is refused pursuant to paragraphs 1 or 2, Member States may confiscate and destroy, dispose of or sell such fishery products in accordance with national law. The profits from the sale may be used for charitable purposes.

4. Any person shall have the right to appeal against decisions taken by the competent authorities pursuant to paragraphs 1, 2 or 3 which concern him. The right of appeal shall be exercised according to the provisions in force in the Member State concerned.

5. The competent authorities of the Member States shall notify the flag State and, where appropriate, the third country other than the flag State as referred to in Article 14 of refusals of importation. A copy of the notification shall be sent to the Commission.