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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
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- Revised 09/03/20110.97 MB
- Revised 01/01/20100.97 MB
- Revised 29/07/20080.44 MB
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Changes over time for: Article 17
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There are currently no known outstanding effects for the Council Regulation (EC) No 1005/2008, Article 17.
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Article 17U.K.Verifications
1.The competent authorities of [F1a fisheries administration] may carry out all of the verifications they deem necessary to ensure that the provisions of this Regulation are correctly applied.
2.Verifications may, in particular, consist in examining the products, verifying declaration data and the existence and authenticity of documents, examining the accounts of operators and other records, inspecting means of transport, including containers and storage places of the products and carrying out official enquiries and other similar acts, in addition to the inspection of fishing vessels at port under Chapter II.
3.Verifications shall be focused towards risk identified on the basis of criteria developed at national F2... level under risk management. F3....
4.Verifications shall be carried out, in any case, where:
(a)the verifying authority of [F4a fisheries administration] has grounds to question the authenticity of the catch certificate itself, of the validation seal or of the signature of the relevant authority of the flag [F5state]; or
(b)the verifying authority of [F4a fisheries administration] is in possession of information that questions the compliance by the fishing vessel with applicable laws, regulations or conservation and management measures, or the fulfilment of other requirements of this Regulation; or
(c)fishing vessels, fishing companies or any other operators have been reported in connection with presumed IUU fishing, including those fishing vessels which have been reported to a regional fisheries management organisation under the terms of an instrument adopted by that organisation to establish lists of vessels presumed to have carried out illegal, unreported and unregulated fishing; or
(d)flag [F6states] or re-exporting countries have been reported to a regional fisheries management organisation under the terms of an instrument adopted by that organisation to implement trade measures vis-à-vis flag [F6states]; or
F7(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.[F8A fisheries administration] may decide to carry out verifications at random, in addition to the verifications referred to in paragraphs 3 and 4.
6.For the purpose of a verification, the competent authorities of a [F9fisheries administration] may request the assistance of the competent authorities of the flag [F10state] or of a third country other than the flag [F10state] as referred to in Article 14, in which case:
(a)the request for assistance shall state the reasons why the competent authorities of the [F11fisheries administration] have well-founded doubts as to the validity of the certificate, of the statements contained therein and/or the compliance of the products with conservation and management measures. A copy of the catch certificate and any information or documents suggesting that the information on the certificate is inaccurate shall be forwarded in support of the request for assistance. The request shall be sent without delay to the competent authorities of the flag [F12state] or of a third country other than the flag [F12state] as referred to in Article 14;
F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7.The release of the products onto the market shall be suspended while awaiting the results of the verification procedures referred to in paragraphs (1) to (6). The cost of storage shall be borne by the operator.
F148.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in Art. 17(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(18)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 17(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(18)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 17(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(18)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 17(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(18)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in Art. 17(4)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(18)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F6Word in Art. 17(4)(d) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(18)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F7Art. 17(4)(e) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(18)(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 17(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(18)(d); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 17(6) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(18)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)
F10Word in Art. 17(6) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(18)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 17(6)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(18)(e)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F12Word in Art. 17(6)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(18)(e)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F13Art. 17(6)(b) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(18)(e)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F14Art. 17(8) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(18)(f); 2020 c. 1, Sch. 5 para. 1(1)
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