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

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(1) (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.

Article 10 U.K. Sufficient import

1. The sufficient number and volume of import operations referred to in Article 16(3)(b) of Regulation (EC) No 1005/2008 must be achieved in the Member State of establishment.

2. Each Member State shall determine the minimum threshold for number and volume of import operations and inform the Commission thereof.

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 the rules of the common fisheries policy;

(b) has not committed repeated infringements of the rules of the common fisheries policy;

(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 the competent Member State authority 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.

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.

(1)

OJ L 253, 11.10.1993, p. 1.