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

CHAPTER VI U.K. NON-COOPERATING THIRD COUNTRIES

Article 31 U.K. Identification of non-cooperating third countries

[F1 1. A fisheries administration must, jointly with the other fisheries administrations, agree—

(a) whether a particular country should be identified as a non-cooperating third country in fighting IUU fishing and therefore notified by the Secretary of State in accordance with Article 32; and

(b) the reason, or reasons for any identification and the supporting evidence that should be submitted with any notification under Article 32.]

2. The identification set out in paragraph 1 shall be based on the review of all information obtained pursuant to Chapters II, III, IV, V, VIII, X and XI, or, as appropriate, any other relevant information, such as the catch data, trade information obtained from national statistics and other reliable sources, vessel registers and databases, catch documents or statistical document programmes and IUU vessel lists adopted by regional fisheries management organisations, as well as any other information obtained in the ports and on the fishing grounds.

3. A third country may be identified as a non-cooperating third country if it fails to discharge the duties incumbent upon it under international law as flag, port, coastal or market [F2 state], to take action to prevent, deter and eliminate IUU fishing.

4. For the purposes of paragraph 3, [F3 a fisheries administration must] primarily rely on the examination of measures taken by the third country concerned in respect of:

(a) recurrent IUU fishing suitably documented as carried out or supported by fishing vessels flying its flag or by its nationals, or by fishing vessels operating in its maritime waters or using its ports; or

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

5. For the purposes of paragraph 3, [F4 a fisheries administration must] take into account:

[F5 (a) whether the country concerned effectively cooperates with the United Kingdom, by providing a response to requests made by a fisheries administration to investigate, provide feedback or follow-up to IUU fishing and associated activities;]

(b) whether the third country concerned has taken effective enforcement measures in respect of the operators responsible for IUU fishing, and in particular whether sanctions of sufficient severity to deprive the offenders of the benefits accruing from IUU fishing have been applied;

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

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

6. For the purposes of paragraph 3, [F6 a fisheries administration must] also consider the following elements:

(a) the ratification of, or accession of the third countries concerned to, international fisheries instruments, and in particular the Unclos, the UN Fish Stocks Agreement and the FAO Compliance Agreement;

(b) the status of the third country concerned as a contracting party to regional fisheries management organisations, or its agreement to apply the conservation and management measures adopted by them;

(c) any act or omission by the third country concerned that may have diminished the effectiveness of applicable laws, regulations or international conservation and management measures.

7. Where appropriate, specific constraints of developing countries, in particular in respect to monitoring, control and surveillance of fishing activities, shall be duly taken into consideration in the implementation of this Article.

Textual Amendments

F1 Art. 31(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(29)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in Art. 31(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(29)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 31(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(29)(c); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 31(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(29)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 31(5)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(29)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 31(6) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(29)(e); 2020 c. 1, Sch. 5 para. 1(1)

Article 32 U.K. F7 ... Countries identified as non-cooperating third countries

1. [F8 The Secretary of State must, without delay, notify any country identified in accordance with Article 31(1). The Secretary of State must 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 [F9 Secretary of State] in writing with regard to the identification decision and other relevant information, for example, evidence refuting the identification or, where appropriate, a plan of action to improve and the measures taken to rectify the situation;

(c) the right to ask for, or to provide, additional information;

(d) the consequences of its identification as non-cooperating third country, as provided in Article 38.

2. The [F10 Secretary of State must] also include in the notification referred to in paragraph 1 a request that the third country concerned take any necessary measures for the cessation of the IUU fishing activities in question and the prevention of any future such activities, and rectify any act or omission referred to in Article 31(6)(c).

3. The [F11 Secretary of State must], by more than one means of communication, transmit its notification and request to the third country concerned. The [F11 Secretary of State must] seek to obtain confirmation from that country that it has received the notification.

4. The [F12 Secretary of State must] give to the third country concerned adequate time to answer the notification and a reasonable time to remedy the situation.

Textual Amendments

F7 Words in Art. 32 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(30)(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 32(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(30)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 32(1)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(30)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 32(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(30)(c); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 32(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(30)(d); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 32(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(30)(e); 2020 c. 1, Sch. 5 para. 1(1)

[F13 Article 33 U.K. Establishment of a list of non-cooperating countries

1. Subject to paragraph 2, the Secretary of State may, by regulations, amend the United Kingdom list of non-cooperating countries to add any country to the list as a result of the provisions of Articles 31 and 32.

2. The Secretary of State may only make regulations under this Article with the consent of the other fisheries administrations.

3. The Secretary of State must, without delay, notify any country added to the United Kingdom list of non-cooperating countries by regulations made under paragraph 1 of—

(a) its inclusion on the list, and

(b) the measures applied in accordance with Article 38,

and request the country to rectify the current situation and to advise on the measures taken to ensure compliance with conservation and management measures by its fishing vessels.

4. The “United Kingdom list of non-cooperating countries” is the list contained in Council Implementing Decision 2014/170/EU establishing a list of non-cooperating third countries in fighting IUU fishing pursuant to Regulation (EC) No 1005/2008 subject to any amendments made by virtue of this Article or Article 34.]

Textual Amendments

F13 Art. 33 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 28(11); 2020 c. 1, Sch. 5 para. 1(1)

[F14 Article 34 U.K. Removal from the list of non-cooperating countries

1. The Secretary of State may, by regulations, remove a country from the United Kingdom list of non-cooperating countries where the Secretary of State is satisfied that the country has demonstrated that the situation that warranted its inclusion on the list has been rectified.

2. In reaching a decision under paragraph 1, the Secretary of State must take into consideration whether the country concerned has taken concrete measures capable of achieving the lasting improvement of the situation.

3. The Secretary of State may only make regulations under this Article with the consent of the other fisheries administrations.]

Textual Amendments

F14 Art. 34 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 28(11); 2020 c. 1, Sch. 5 para. 1(1)

[F15 Article 35 U.K. Publicity of the list of non-cooperating third countries

The Secretary of State must take such measures as the Secretary of State feels necessary to ensure the publicity of any list of non-cooperating third countries contained in regulations made under Article 33(1). In particular, the Secretary of State must publish the list on a website that is accessible to the public.]

Textual Amendments

F15 Art. 35 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(31) (as amended by S.I. 2019/1312, regs. 1(2), 8(3)); 2020 c. 1, Sch. 5 para. 1(1)

Article 36 U.K. Emergency measures

[F16 1. If there is evidence that the measures adopted by a third country undermine the conservation and management measures adopted by a regional fisheries management organisation, a fisheries administration may adopt, in line with the international obligations of the United Kingdom, emergency measures which must last no more than six months. A fisheries administration may take a new decision to extend the emergency measures for no more than six months.]

2. The emergency measures referred to in paragraph 1 may include, inter alia, that:

(a) fishing vessels authorised to fish and flying the flag of the third country concerned shall not be granted access to the ports of [F17 the United Kingdom], except in case of force majeure or distress as referred to in Article 4(2) for services strictly necessary to remedy those situations;

(b) [F18 United Kingdom fishing vessels] shall not be authorised to engage in joint fishing operations with vessels flying the flag of the third country concerned;

(c) [F19 United Kingdom fishing vessels] 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 [F20 United Kingdom waters].

[F21 3. Emergency measures have immediate effect. A fisheries administration must notify the country concerned and publish the measures on a website that is accessible to the public.]

F22 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Art. 36(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(32)(a); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 36(2)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(32)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 36(2)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(32)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 36(2)(c) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(32)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 36(2)(e) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(32)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F21 Art. 36(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(32)(c); 2020 c. 1, Sch. 5 para. 1(1)

F22 Art. 36(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(32)(d); 2020 c. 1, Sch. 5 para. 1(1)

F23 Art. 36(5) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(32)(d); 2020 c. 1, Sch. 5 para. 1(1)