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1.The Commission shall, without delay, notify countries concerned of the possibility of being identified as non-cooperating third countries in accordance with the criteria laid down in Article 31. It shall include in the notification the following information:
(a)the reason or reasons for the identification with all available supporting evidence;
(b)the opportunity to respond to the Commission in writing with regard to the identification decision and other relevant information, for example, evidence refuting the identification or, where appropriate, a plan of action to improve and the measures taken to rectify the situation;
(c)the right to ask for, or to provide, additional information;
(d)the consequences of its identification as non-cooperating third country, as provided in Article 38.
2.The Commission shall also include in the notification referred to in paragraph 1 a request that the third country concerned take any necessary measures for the cessation of the IUU fishing activities in question and the prevention of any future such activities, and rectify any act or omission referred to in Article 31(6)(c).
3.The Commission shall, by more than one means of communication, transmit its notification and request to the third country concerned. The Commission shall seek to obtain confirmation from that country that it has received the notification.
4.The Commission shall give to the third country concerned adequate time to answer the notification and a reasonable time to remedy the situation.