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Council Regulation (EC) No 1005/2008Show full title
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
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Changes over time for: Article 38
Version Superseded: 31/12/2020
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Article 38U.K.Action in respect of non-cooperating third countries
The following measures shall apply to non-cooperating third countries:
1.
the importation into the Community 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;
2.
the purchase by Community operators of a fishing vessel flying the flag of such countries shall be prohibited;
3.
the reflagging of a fishing vessel flying the flag of a Member State to such countries shall be prohibited;
4.
Member States shall not authorise the conclusion of chartering agreements with such countries for fishing vessels flying their flag;
5.
the exportation of Community fishing vessels to such countries shall be prohibited;
6.
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;
7.
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;
8.
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;
9.
the Commission shall not enter into negotiations to conclude a bilateral fisheries agreement or fisheries partnership agreements with such countries.
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