- Latest available (Revised)
- Point in Time (31/12/2020)
- Original (As adopted by EU)
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
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Revised version PDFs
- Revised 09/03/20110.97 MB
- Revised 01/01/20100.97 MB
- Revised 29/07/20080.44 MB
Legislation originating from the EU
When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.
This item of legislation originated from the EU
Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).
Changes over time for: CHAPTER IX
Alternative versions:
Status:
Point in time view as at 31/12/2020.
Changes to legislation:
There are currently no known outstanding effects for the Council Regulation (EC) No 1005/2008, CHAPTER IX.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
CHAPTER IXU.K.IMMEDIATE ENFORCEMENT MEASURES, SANCTIONS AND ACCOMPANYING SANCTIONS
Article 41U.K.Scope
This Chapter shall apply in relation to:
1.
[F1serious infringements committed in United Kingdom waters;]
2.
[F2serious infringements committed by United Kingdom fishing vessels or nationals of the United Kingdom;]
3.
serious infringements detected within the F3... waters as referred to in point 1 of this Article but which have been committed on the high seas or within the jurisdiction of a third country and are being sanctioned pursuant to Article 11(4).
Textual Amendments
F1Art. 41(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(37)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Art. 41(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(37)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 41(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(37)(c); 2020 c. 1, Sch. 5 para. 1(1)
Article 42U.K.Serious infringements
1.For the purpose of this Regulation, serious infringement means:
(a)the activities considered to constitute IUU fishing in accordance with the criteria set out in Article 3;
(b)the conduct of business directly connected to IUU fishing, including the trade in/or the importation of fishery products;
(c)the falsification of documents referred to in this Regulation or the use of such false or invalid documents.
2.The serious character of the infringement shall be determined by [F4a fisheries administration] taking into account the criteria set out in Article 3(2).
Textual Amendments
F4Words in Art. 42(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(38); 2020 c. 1, Sch. 5 para. 1(1)
Article 43U.K.Immediate enforcement measures
1.Where a natural person is suspected of having committed or is caught in the act while committing a serious infringement or a legal person is suspected of being held liable for such an infringement, [F5a fisheries administration must] start a full investigation of the infringement and, in conformity with [F6applicable law] and depending on the gravity of the infringement, take immediate enforcement measures such as in particular:
(a)the immediate cessation of fishing activities;
(b)the rerouting to port of the fishing vessel;
(c)the rerouting of the transport vehicle to another location for inspection;
(d)the ordering of a bond;
(e)the seizure of fishing gear, catches or fisheries products;
(f)the temporary immobilisation of the fishing vessel or transport vehicle concerned;
(g)the suspension of the authorisation to fish.
2.The enforcement measures shall be of such nature as to prevent the continuation of the serious infringement concerned and to allow the competent authorities to complete its investigation.
Textual Amendments
F5Words in Art. 43(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(39)(a); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 43(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(39)(b); 2020 c. 1, Sch. 5 para. 1(1)
F7Article 44U.K.Sanctions for serious infringements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Arts. 44-53 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(40); 2020 c. 1, Sch. 5 para. 1(1)
F7Article 45U.K.Accompanying sanctions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Arts. 44-53 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(40); 2020 c. 1, Sch. 5 para. 1(1)
F7Article 46U.K.Overall level of sanctions and accompanying sanctions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Arts. 44-53 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(40); 2020 c. 1, Sch. 5 para. 1(1)
F7Article 47U.K.Liability of legal persons
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Arts. 44-53 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(40); 2020 c. 1, Sch. 5 para. 1(1)
Options/Help
Print Options
PrintThe Whole Regulation
PrintThis Chapter only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as adopted version that was used for the EU Official Journal
- lists of changes made by and/or affecting this legislation item
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.
The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.
For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as adopted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.