Council Regulation (EC) No 1005/2008Show full title

CHAPTER IV COMMUNITY ALERT SYSTEM

Article 23 Issuance of alerts

1. Where information obtained in accordance with Chapters II, III, V, VI, VII, VIII, X or XI raises well-founded doubt as to the compliance, by fishing vessels or fishery products from certain third countries, with applicable laws or regulations, including applicable laws or regulations communicated by third countries under the administrative cooperation referred to in Article 20(4), or with international conservation and management measures, the Commission shall publish an alert notice on its website and in the Official Journal of the European Union to warn operators and to ensure that Member States take appropriate measures in respect of the third countries concerned pursuant to this Chapter.

2. The Commission shall communicate the information referred to in paragraph 1 without delay to the Member States' authorities and to the flag State concerned and, where appropriate, to a third country other than the flag State as referred to in Article 14.

Article 24 Action following issuance of alerts

1. Upon receipt of the information communicated pursuant to Article 23(2), Member States shall, where appropriate, and in accordance with risk management:

(a) identify the on-going consignments of fishery products to be imported which fall within the scope of the alert notice and carry out a verification of the catch certificate and, where appropriate, of the documents referred to in Article 14, in accordance with the provisions laid down in Article 17;

(b) take measures to ensure that the future consignments of fishery products intended for importation which fall within the scope of the alert notice be submitted to the verification of the catch certificate, and, where appropriate, of the documents referred to in Article 14, in accordance with the provisions laid down in Article 17;

(c) identify the previous consignments of fishery products which fall under the scope of the alert notice and carry out the appropriate verifications, including the verification of previously submitted catch certificates;

(d) submit the fishing vessels which fall within the scope of the alert notice, in accordance with the rules of international law, to the necessary enquiries, investigations or inspections at sea, in ports or any other landing places.

2. Member States shall communicate to the Commission as soon as possible the conclusions of their verifications and requests for verification and the actions taken where non-compliance with applicable laws, regulations or international conservation and management measures has been established.

3. Where the Commission decides that in light of the conclusions of verifications carried out pursuant to paragraph 1, the well-founded doubt which motivated the alert notice no longer exists, it shall, without delay:

(a) publish a notice to that effect on its website and in the Official Journal of the European Union annulling the earlier alert notice;

(b) advise the flag State and, where appropriate, the third country other than the flag State as referred to in Article 14 of the annulment; and

(c) advise Member States through appropriate channels.

4. Where the Commission decides that in light of the conclusions of verifications carried out pursuant to paragraph 1, the well-founded doubt which motivated the alert notice remains, it shall, without delay:

(a) update the alert notice by a new publication on its website and in the Official Journal of the European Union;

(b) advise the flag State and, where appropriate, the third country other than the flag State as referred to in Article 14;

(c) advise Member States through appropriate channels; and

(d) where appropriate, refer the matter to the regional fisheries management organisation whose conservation and management measures might have been violated.

5. Where the Commission decides that in light of the conclusions of verifications carried out pursuant to paragraph 1, there are sufficient grounds to consider that the facts established might constitute a case of non-compliance with applicable laws, regulations or international conservation and management measures, it shall, without delay:

(a) publish a new alert notice to their effect on its website and in the Official Journal of the European Union;

(b) advise the flag State and undertake the appropriate proceedings and démarches in accordance with Chapters V and VI;

(c) where appropriate, advise the third country other than the flag State as referred to in Article 14;

(d) advise Member States through appropriate channels; and

(e) where appropriate, refer the matter to the regional fisheries management organisation whose conservation and management measures might have been violated.