Commission Regulation (EC) No 1010/2009Show full title

TITLE I U.K. INSPECTIONS OF THIRD COUNTRY FISHING VESSELS IN [F1 UNITED KINGDOM] PORTS

CHAPTER I U.K. Conditions for access to port by third country fishing vessels

Article 1 U.K. Prior notification

By way of derogation from Article 6(1) of Regulation (EC) No 1005/2008, vessels landing the types of fishery products set out in Annex I to this Regulation shall be subject to a prior notification period of 4 hours.

Article 2 U.K. Prior notification form

1. The form for prior notification referred to in Article 6(1) of Regulation (EC) No 1005/2008 is set out in Annex IIA to this Regulation.

2. Where all catches are accompanied by a validated catch certificate, the simplified prior notification form set out in Annex IIB may be used.

Article 3 U.K. Procedures and forms for pre-landing and pre-transhipment declarations

1. The form of the pre-landing declaration referred to in Article 8(1) of Regulation (EC) No 1005/2008 shall be as set out in Annex IIIA to this Regulation.

2. The form of the pre-transhipment declaration referred to in Article 8(1) of Regulation (EC) No 1005/2008 shall be as set out in Annex IIIB to this Regulation.

F2 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. The pre-landing or pre-transhipment declaration shall be submitted at least 4 hours before the intended landing or transhipment.

Textual Amendments

F2 Art. 3(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(3); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 3(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(3); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. Port inspections

Article 4 U.K. Benchmarks for port inspections

The benchmarks for port inspections as referred to in Article 9(1) of Regulation (EC) No 1005/2008 shall consist of the following criteria:

(a)

the species concerned are subject to a management or recovery plan;

(b)

the fishing vessel is suspected of not implementing applicable provisions on VMS according to [F4 Article 9 of Council Regulation (EC) No 1224/2009];

(c)

the fishing vessel has not been controlled at [F5 a port in the United Kingdom] in the last 3 months;

(d)

the fishing vessel has not been controlled by [F6 a fisheries administration] in the last 6 months;

(e)

the fishing vessel is not on the list of establishments from which imports of specified products of animal origin are permitted, as set out in Article 12 of Regulation (EC) No 854/2004 of the European Parliament and of the Council(1);

(f)

importation, exportation or trade in fishery products obtained from species of high commercial value;

(g)

introduction of new kinds of fishery products or discovery of new trade patterns;

(h)

inconsistencies between the trade patterns and the known fishing activities of a flag [F7 state] in particular in respect of species, volumes or characteristics of its fishing fleet;

(i)

inconsistencies between the trade patterns and the known fishing-related activities of a third country in particular in respect of the characteristics of its processing industry or its trade in fishery products;

(j)

trade pattern not justified in terms of economic criteria;

(k)

involvement of a newly established operator;

(l)

significant and sudden increase in trade volume for a certain species;

(m)

submission of copies of catch certificates accompanying processing statements according to Annex IV of Regulation (EC) No 1005/2008, for instance when the catch has been split during production;

(n)

prior notification, required under Article 6 of Regulation (EC) No 1005/2008, not transmitted at the proper time or information incomplete;

(o)

inconsistencies between catch data declared by the operator and other information available to the competent authority;

(p)

vessel or vessel owner suspected of being or having been involved in IUU fishing activities;

(q)

vessel having recently changed name, flag or registration number;

(r)

flag [F7 state] not notified according to Article 20 of Regulation (EC) No 1005/2008 or information available on possible irregularities in the validation of catch certificates by a given flag [F7 state] (e.g. stamps or validation seal from a competent authority lost, stolen or forged);

(s)

presumed deficiencies in the control system of a flag [F7 state];

(t)

operators concerned who have already been involved in illegal activities constituting a potential risk in respect of IUU fishing[F8 ;]

(u)

[F9 the fishing vessel has been denied entry or use of port in accordance with the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, concluded in the framework of the Food and Agriculture Organisation of the United Nations (FAO).]

F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Words in Art. 4(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 4(c) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 4(d) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(4)(d); 2020 c. 1, Sch. 5 para. 1(1)

F7 Word in Art. 4 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Substituted by Commission Regulation (EU) No 202/2011 of 1 March 2011 amending Annex I to Council Regulation (EC) No 1005/2008 as regards the definition of fishery products and amending Regulation (EC) No 1010/2009 as regards prior notification templates, benchmarks for port inspections and recognised catch documentation schemes adopted by regional fisheries management organisations.

F9 Inserted by Commission Regulation (EU) No 202/2011 of 1 March 2011 amending Annex I to Council Regulation (EC) No 1005/2008 as regards the definition of fishery products and amending Regulation (EC) No 1010/2009 as regards prior notification templates, benchmarks for port inspections and recognised catch documentation schemes adopted by regional fisheries management organisations.

F10 Words in Art. 4 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(4)(e); 2020 c. 1, Sch. 5 para. 1(1)

F11 Article 5 U.K. Reporting on the application of benchmarks

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Textual Amendments

F11 Art. 5 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(5); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F1 Words in Title 1 heading substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(2); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Title 1 applied (with modifications) (N.I.) (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(3), 6(2)(a)(3) (with reg. 6(3))

TITLE II U.K. CATCH CERTIFICATION SCHEME FOR IMPORTATION AND EXPORTATION OF FISHERY PRODUCTS

CHAPTER I U.K. Catch certificates

Article 6 U.K. Simplified catch certificate

1. This Article shall apply to third country fishing vessels:

(a) with an overall length of less than 12 metres without towed gear; or

(b) with an overall length of less than 8 metres with towed gear; or

(c) without a superstructure; or

(d) of less than measured 20 GT.

2. Catches from third country fishing vessels referred to in paragraph 1 which are only landed in the flag [F12 state] of those vessels and which together constitute one consignment may be accompanied by a simplified catch certificate instead of the catch certificate referred to in Article 12 of Regulation (EC) No 1005/2008. The simplified catch certificate shall contain all the information specified in the specimen shown in Annex IV to this Regulation and shall be validated by a public authority of the flag [F12 state] with the necessary powers to attest the accuracy of the information.

3. The validation of the simplified catch certificate shall be requested by the exporter of the consignment upon submission to the public authority of all the information specified in the specimen shown in Annex IV.

Textual Amendments

F12 Word in Art. 6(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(6); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Recognised catch documentation schemes in RFMOs

1. The catch documentation schemes adopted by regional fisheries management organisations listed in Annex V, Part I, to this Regulation, shall be recognised for the purposes of Article 13(1) of Regulation (EC) No 1005/2008 as complying with the requirements of that Regulation without additional conditions.

2. The catch documentation schemes adopted by regional fisheries management organisations listed in Annex V, Part II, of this Regulation, shall be recognised, for the purposes of Article 13(1) of Regulation (EC) No 1005/2008, as complying with the requirements of that Regulation subject to additional conditions.

Article 8 U.K. Deadline for the submission of catch certificates

By way of derogation from Article 16(1) of Regulation (EC) No 1005/2008, the submission of catch certificates for imports of fishery products in consignments by means of transportation referred to in Annex VI to this Regulation shall be subject to the shorter deadlines set out in that Annex.

CHAPTER II U.K. Approved economic operators

Section 1 U.K. Conditions for granting the approved economic operator certificate

Article 9 U.K. General provisions

Economic operators may, following an application, be granted a certificate of approved economic operator (hereinafter referred to as APEO certificate) for the purposes of Article 16 of Regulation (EC) No 1005/2008 only if they:

(a)

hold an authorised economic operator certificate (hereinafter referred to as AEO certificate) in accordance with Commission Regulation (EEC) No 2454/93(2) (hereinafter referred to as the Implementing Rules of the Community Customs Code); and

(b)

fulfil the criteria laid down in Article 16(3)(a) to (g) of Regulation (EC) No 1005/2008 and detailed in Articles 10 to 13 of this Regulation.

F13 Article 10 U.K. Sufficient import

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Textual Amendments

F13 Art. 10 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(7); 2020 c. 1, Sch. 5 para. 1(1)

Article 11 U.K. Record of compliance

1. The record of compliance with the requirements of conservation and management measures referred to in Article 16(3)(c) of Regulation (EC) No 1005/2008 shall be considered as appropriate if, over the last three years preceding the submission of the application, the applicant:

(a) has not committed a serious infringement of [F14 Fisheries Rules];

(b) has not committed repeated infringements of [F14 Fisheries Rules];

(c) has not directly or indirectly participated in or supported activities of vessels or operators engaged in IUU fishing or which are currently subject to investigation in that respect; and

(d) has not directly or indirectly participated in or supported activities of vessels included in IUU vessel lists adopted by a RFMO.

2. Notwithstanding paragraph 1, the record of compliance with the requirements of conservation and management measures may be considered as appropriate if [F15 a fisheries administration] considers an infringement committed by the applicant:

(a) not to be serious; and

(b) of negligible quantitative importance in relation to the number or size of the import-related operations carried out by the applicant.

Textual Amendments

F14 Words in Art. 11(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 11(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K. Management of records

The system of managing catch certificates and, where appropriate, processing records, as referred to in Article 16(3)(d) of Regulation (EC) No 1005/2008, shall be considered satisfactory if it ensures:

(a)

the handling of catch certificates connected to the trade in fisheries products;

(b)

the archiving of the applicant’s records and information; and

(c)

the protection against the loss of information.

Article 13 U.K. Facilities

The applicant’s facilities, as referred to in Article 16(3)(e) of Regulation (EC) No 1005/2008, shall be considered appropriate if they:

(a)

prevent unauthorised access to storage areas, shipping areas, loading docks and cargo areas;

(b)

ensure the handling of fishery products including protection against tampering with cargo units;

(c)

ensure the handling of import and/or export licenses connected to prohibitions and restrictions and to distinguish fishery products subject to catch certificates from fishery products not subject to catch certificates.

Section 2 U.K. Application for an APEO certificate

Article 14 U.K. Submission of the application

1. The application for an APEO certificate shall be submitted to [F16 a fisheries administration] in accordance with the specimen set out in Annex VII.

2. The application shall include records and documentation enabling the [F17 fisheries administration] to verify and monitor the compliance with the criteria laid down in Articles 9 to 13 of this Regulation, including a copy of the AEO certificate issued in accordance with the Implementing Rules of the Community Customs Code. Applicants shall submit necessary data to the [F17 fisheries administration].

F18 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. Where the [F19 fisheries administration] establishes that the application does not contain all the information required, it shall, within 30 calendar days of receipt of the application, require the applicant to supply the relevant information.

5. When the [F20 fisheries administration] has received all the information necessary it shall inform the applicant that the application has been deemed complete, specifying the date from which the time limits laid down in Article 18(2) of this Regulation will run.

F21 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Words in Art. 14(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 14(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

F18 Art. 14(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(9)(c); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 14(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(9)(d); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 14(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(9)(e); 2020 c. 1, Sch. 5 para. 1(1)

F21 Art. 14(6) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(9)(f); 2020 c. 1, Sch. 5 para. 1(1)

Article 15 U.K. Inadmissibility of applications

The application referred to in Article 14 shall be inadmissible in the following cases:

(a)

where the application does not comply with Article 14; or

(b)

where the application is submitted within three years after the withdrawal of the APEO certificate referred to in points (a), (b) and (d) of Article 27(1).

Section 3 U.K. Procedure for issuing APEO certificates

Article 16 U.K. Examination of application

1. The issuing [F22 fisheries administration must] examine whether the criteria laid down in Articles 9 to 13 are met. The examination and its results shall be documented by the [F23 fisheries administration].

2. Where the applicant holds an ‘AEO certificate — Security and safety’ or an ‘AEO certificate — Customs simplification/security and safety’, as referred to in Article 14a of the Implementing Rules of the Community Customs Code, the criteria set out in Article 13 need not be examined.

F24 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. The issuing authority may accept conclusions provided by an expert in the relevant fields referred to in Articles 12 and 13 in respect of the criteria referred to in those Articles. The expert shall not in any way be related to the applicant.

Textual Amendments

F22 Words in Art. 16(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(10)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 16(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(10)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F24 Art. 16(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

F25 Article 17 U.K. Consultation of other Member States

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Textual Amendments

F25 Art. 17 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(11); 2020 c. 1, Sch. 5 para. 1(1)

Article 18 U.K. Issuing of an APEO certificate

1. The [F26 fisheries administration must] issue the APEO certificate in accordance with the specimen set out in Annex VIII.

2. The APEO certificate shall be issued within 90 calendar days starting from the date of receipt of all the information necessary in accordance with Article 14.

3. The period of 90 calendar days provided for in paragraph 2 may be extended by one further period of 30 calendar days where the competent authority is unable to meet the deadline. In such cases, the [F27 fisheries administration must], before the expiry of the period referred to in paragraph 2, inform the applicant of the reasons for the extension.

4. The period provided for in paragraph 2 may also be extended if, in the course of the examination of the compliance with the criteria laid down in Articles 9 to 13, the applicant carries out adjustments in order to satisfy those criteria and communicates them to the competent authority.

Textual Amendments

F26 Words in Art. 18(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F27 Words in Art. 18(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 19 U.K. Rejection of an application

1. Where the result of the examination carried out in accordance with [F28 Article 16] is likely to lead to the rejection of the application, the [F29 fisheries administration must] communicate the findings to the applicant and provide him with the opportunity to respond within 30 calendar days, before rejecting the application. The period laid down in paragraph 2 shall be suspended accordingly.

2. If the application is rejected, the competent authority shall inform the applicant of the reasons on which the decision is based. The decision to reject an application shall be notified to the applicant within the time limits laid down in paragraphs 2, 3 and 4 of Article 18 and paragraph 1 of this Article.

F30 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28 Words in Art. 19(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(13)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 19(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(13)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F30 Art. 19(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(13)(b); 2020 c. 1, Sch. 5 para. 1(1)

Section 4 U.K. Status of approved economic operator

Article 20 U.K. Verifications

1. When the holder of an APEO certificate has advised [F31 a fisheries administration] of the arrival of fishery products, [F32 the fisheries administration] may, before the arrival of the consignment into [F33 the United Kingdom], notify the approved economic operator when, as a result of a risk analysis in accordance with Article 17 of Regulation (EC) No 1005/2008, the consignment has been selected for further verification. That notice shall only be provided where it does not jeopardise the verification to be carried out.

2. The holder of an APEO certificate shall be subject to fewer physical and document-based verifications than other importers, unless [F34 a fisheries administration] decides otherwise in order to take into account a specific risk, or control obligations set out in other F35 ... legislation.

3. Where, following a risk analysis, [F36 a fisheries administration] selects for further examination a consignment accompanied by a catch certificate lodged by an approved economic operator, it shall carry out the necessary verifications as a matter of priority. If the approved economic operator so requests, and subject to agreement with the [F37 fisheries administration], those verifications may be carried out at a place which is different from the place of the office of the [F38 fisheries administration].

Textual Amendments

F31 Words in Art. 20(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(14)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 20(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(14)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F33 Words in Art. 20(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(14)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words in Art. 20(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(14)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F35 Word in Art. 20(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(14)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F36 Words in Art. 20(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(14)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F37 Words in Art. 20(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(14)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F38 Words in Art. 20(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(14)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Section 5 U.K. Legal effects of APEO certificates

Article 21 U.K. General provisions

1. The APEO certificate shall take effect on the tenth working day after the date of its issue. Its period of validity shall not be limited.

2. The APEO certificate shall only be valid in the [F39 United Kingdom].

3. [F40 A fisheries administration] shall monitor compliance with the criteria laid down in Articles 9 to 13.

4. In the case of an APEO certificate issued to an applicant established for less than three years, close monitoring shall take place during the first year after issue.

5. A reassessment of the compliance with the criteria referred to in Articles 9 to 13 shall be carried out by the issuing [F41 fisheries administration] in the following cases:

(a) major changes to the relevant F42 ... legislation;

(b) reasonable indication that the relevant criteria are no longer met by the approved economic operator.

6. Article 16(4) shall apply to the reassessment.

F43 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 Words in Art. 21(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(15)(a); 2020 c. 1, Sch. 5 para. 1(1)

F40 Words in Art. 21(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(15)(b); 2020 c. 1, Sch. 5 para. 1(1)

F41 Words in Art. 21(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(15)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F42 Word in Art. 21(5)(a) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(15)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F43 Art. 21(7) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(15)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 22 U.K. Suspension of the status of an approved economic operator

1. The status of approved economic operator shall be suspended by the [F44 fisheries administration] in the following cases:

(a) where non-compliance with the criteria laid down in Articles 9 to 13 has been detected;

(b) where the [F45 fisheries administration has] sufficient reason to believe that an act has been perpetrated by the approved economic operator, which gives rise to legal proceedings and is linked to an infringement of [F46 Fisheries Rules] or of Regulation (EC) No 1005/2008;

(c) where the status of the authorised economic operator has been suspended in accordance with the Implementing Rules of the Community Customs Code;

(d) where the suspension is requested by the approved economic operator which is temporarily unable to meet any of the criteria laid down in Articles 9 to 13.

2. Before taking a decision in accordance with paragraph 1(a), (b) and (c), the [F47 fisheries administration must communicate its] findings to the economic operator concerned. The operators shall be entitled to express its point of view within 30 calendar days starting from the date of receiving the communication.

3. However, where the nature or the level of the threat to the conservation measures for a certain stock or stocks so require, suspension shall take place immediately. F48 ...

4. The suspension referred to in paragraph 1 shall take effect from the day following its notification to the approved economic operator. The suspension shall however not affect any import procedure already started before the date of suspension and not yet completed.

Textual Amendments

F44 Words in Art. 22(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(16)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F45 Words in Art. 22(1)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(16)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F46 Words in Art. 22(1)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(16)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F47 Words in Art. 22(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(16)(b); 2020 c. 1, Sch. 5 para. 1(1)

F48 Words in Art. 22(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(16)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 23 U.K. Suspension in the case of non-compliance with relevant criteria

1. In the case referred to in point (a) of Article 22(1), if the approved economic operator does not regularise the situation within the period referred to in paragraph 2 of that Article, the status of approved economic operator shall be suspended for a period of 30 calendar days. The [F49 fisheries administration must], without delay, notify the economic operator of the suspension F50 ....

2. Where the economic operator concerned has been unable to regularise the situation within the suspension period of 30 calendar days referred to in paragraph 1 but can provide evidence that the conditions can be met if the suspension period is extended, the [F51 fisheries administration must] suspend the status of approved economic operator for a further 30 calendar days. F52 ...

3. When the economic operator concerned has, within the time limit set out in paragraphs 1 or 2, taken the necessary measures to comply with the criteria laid down in Articles 9 to 13, the [F53 fisheries administration must] withdraw the suspension and inform the economic operator concerned F54 .... The suspension may be withdrawn before the expiry of the time limit laid down in paragraphs 1 or 2.

Textual Amendments

F49 Words in Art. 23(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(17)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F50 Words in Art. 23(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(17)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F51 Words in Art. 23(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(17)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F52 Words in Art. 23(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(17)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F53 Words in Art. 23(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(17)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F54 Words in Art. 23(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(17)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 24 U.K. Suspension in case of legal proceedings

1. In the case referred to in point (b) of Article 22(1), the [F55 fisheries administration must] suspend the status of the approved economic operator for the duration of the proceedings. F56 ...

2. The [F57 fisheries administration] may however decide not to suspend the status of approved economic operator if it considers the infringement to be of negligible quantitative importance in relation to the number or volume of the import-related operations carried out by that operator.

Textual Amendments

F55 Words in Art. 24(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(18)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F56 Words in Art. 24(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(18)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F57 Words in Art. 24(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(18)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 25 U.K. Suspension related to the status of authorised economic operator

In the case referred to in point (c) of Article 22(1), the [F58 fisheries administration must] suspend the status of the approved economic operator until the suspension of the status of authorised economic operator has been withdrawn. F59 ...

Textual Amendments

F58 Words in Art. 25 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(19)(a); 2020 c. 1, Sch. 5 para. 1(1)

F59 Words in Art. 25 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(19)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 26 U.K. Suspension upon request

1. In the case referred to in Article 22(1)(d) the approved economic operator shall notify the [F60 fisheries administration] of its temporary inability to meet the criteria laid down in Articles 9 to 13, specifying the date when the criteria will be met again. The approved economic shall also notify the [F60 fisheries administration] of any planned measures and their timescale.

F61 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. If the approved economic operator fails to regularise the situation within the period set out in its notification, the [F62 fisheries administration] may grant a reasonable extension, provided that the approved economic operator has acted in good faith. F63 ...

Textual Amendments

F60 Words in Art. 26(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(20)(a); 2020 c. 1, Sch. 5 para. 1(1)

F61 Art. 26(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(20)(b); 2020 c. 1, Sch. 5 para. 1(1)

F62 Words in Art. 26(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(20)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F63 Words in Art. 26(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(20)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 27 U.K. Withdrawal of the APEO certificate

1. The APEO certificate shall be withdrawn in the following cases:

(a) where the approved economic operator fails to take the necessary measures to comply with the criteria laid down in Articles 9 to 13 in accordance with Article 23(3);

(b) where it has been established that a serious infringement or repeated infringements related to [F64 Fisheries Rules] or of Regulation (EC) No 1005/2008 have been committed by the approved economic operator and there is no further right of appeal;

(c) where the approved economic operator fails to take the necessary measures to comply with the criteria laid down in Articles 9 to 13 in accordance with Article 26;

(d) where the status of authorised economic operator, granted in accordance with the Implementing Rules of the Community Customs Code, has been withdrawn;

(e) upon request of the approved economic operator.

2. In the case referred to in point (b) of paragraph 1, the competent authority may decide not to withdraw the APEO certificate if the infringements are of negligible quantitative importance in relation to the number or size of the import-related operations carried out by that operator.

3. The withdrawal shall take effect from the day following its notification to the approved economic operator.

F65 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64 Words in Art. 27(1)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(21)(a); 2020 c. 1, Sch. 5 para. 1(1)

F65 Art. 27(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(21)(b); 2020 c. 1, Sch. 5 para. 1(1)

Section 6 U.K. Information exchange

Article 28 U.K. Information requests

1. The approved economic operator shall inform the [F66 fisheries administration] of all factors arising after the certificate is granted which may influence its continuation.

F67 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66 Words in Art. 28(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(22)(a); 2020 c. 1, Sch. 5 para. 1(1)

F67 Art. 28(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(22)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 29 U.K. Sharing of information on approved economic operators

[F68 1. A fisheries administration must store any APEO certificates and, where applicable, relevant information relating to their amendment, suspension or withdrawal for a minimum period of three years.]

F69 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F70 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Art. 29(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(23)(a); 2020 c. 1, Sch. 5 para. 1(1)

F69 Art. 29(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(23)(b); 2020 c. 1, Sch. 5 para. 1(1)

F70 Art. 29(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(23)(b); 2020 c. 1, Sch. 5 para. 1(1)

F71 Article 30 U.K. Reporting obligations and evaluation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71 Art. 30 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(24); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. Verifications related to catch certificates

Article 31 U.K. F72 ... criteria for verifications

Verifications intended to ensure that the provisions of Regulation (EC) No 1005/2008 are complied with, as referred to in Article 17 of that Regulation, shall be focused towards risks identified on the basis of the following F73 ... criteria:

(a)

importation, exportation or trade in fishery products obtained from species of high commercial value;

(b)

introduction of new kinds of fishery products or discovery of new trade patterns;

(c)

inconsistencies between the trade patterns and the known fishing activities of a flag State in particular in respect of species, volumes or characteristics of its fishing fleet;

(d)

inconsistencies between the trade patterns and the known fishing-related activities of a third country in particular in respect of the characteristics of its processing industry or its trade in fishery products;

(e)

trade pattern not justified in terms of economic criteria;

(f)

involvement of a newly established operator;

(g)

significant and sudden increase in trade volume for a certain species;

(h)

submission of copies of catch certificates accompanying processing statements according to Annex IV of Regulation (EC) No 1005/2008, for instance when the catch has been split during production;

(i)

prior notification, required under Article 6 of Regulation (EC) No 1005/2008, not transmitted at the proper time or information incomplete;

(j)

inconsistencies between catch data declared by the operator and other information available to the competent authority;

(k)

vessel or vessel owner suspected of being or having been involved in IUU fishing activities;

(l)

vessel having recently changed name, flag or registration number;

(m)

F74 ...

(n)

presumed deficiencies in the control system of a flag State;

(o)

operators concerned who have already been involved in illegal activities constituting a potential risk in respect of IUU fishing.

Textual Amendments

F72 Word in Art. 31 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(25)(a); 2020 c. 1, Sch. 5 para. 1(1)

F73 Word in Art. 31 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(25)(b); 2020 c. 1, Sch. 5 para. 1(1)

F74 Art. 31(m) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(25)(c); 2020 c. 1, Sch. 5 para. 1(1)

F75 Article 32 U.K. Reporting obligations and evaluation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75 Art. 32 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(26); 2020 c. 1, Sch. 5 para. 1(1)

F76 CHAPTER IV U.K. Cooperation with third countries

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 Title 2 Ch. 4 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(27); 2020 c. 1, Sch. 5 para. 1(1)

F77 TITLE III U.K. SIGHTINGS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77 Title 3 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(28); 2020 c. 1, Sch. 5 para. 1(1)

F78 TITLE IV U.K. MUTUAL ASSISTANCE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F78 Title 4 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(28); 2020 c. 1, Sch. 5 para. 1(1)

TITLE V U.K. AMENDMENTS

Article 53 U.K. Amendments to Regulation (EC) No 1005/2008

Annex I of Regulation (EC) No 1005/2008, containing the list of products excluded from the definition of ‘fisheries products’ in Article 2(8) of that Regulation is amended as set out in Annex XIII to this Regulation.

TITLE VI U.K. FINAL PROVISIONS

F79 Article 54 U.K. Entry into force

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Art. 54 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(29); 2020 c. 1, Sch. 5 para. 1(1)

F80 ...

Textual Amendments

F80 Words in signature omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 12(29); 2020 c. 1, Sch. 5 para. 1(1)