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

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

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))

(1)

OJ L 226, 25.6.2004, p. 83.