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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Article 26U.K.Presumed IUU fishing

1.[F1A fisheries administration must] identify fishing vessels for which sufficient information has been obtained in accordance with Article 25 to presume that such fishing vessels may be engaged in IUU fishing, warranting an official enquiry with the flag [F2state] concerned.

[F31A.A fisheries administration must inform the other fisheries administrations on each occasion it identifies a vessel which it believes should be subject to an official enquiry in accordance with this Article.

1B.In order to avoid duplication and any potential differences in information presented as part of an official enquiry, a fisheries administration must, jointly with the other fisheries administrations, agree—

(a)whether an official enquiry should be carried out in respect of a vessel identified under paragraph 1; and

(b)the information which should be presented as part of any official enquiry agreed to be carried out under paragraph (a).]

2.[F4The Secretary of State must] notify flag [F5states] whose fishing vessels are [F6agreed pursuant to paragraph 1B(a)] of an official request for an enquiry into the alleged IUU fishing of their flagged vessels concerned. The notification shall:

(a)provide all information gathered [F7, and agreed pursuant to paragraph 1B(b),] on alleged IUU fishing;

(b)issue an official request to the flag [F8state] that it takes all the necessary measures to investigate the alleged IUU fishing and share the results of this investigation with the [F9Secretary of State] on a timely basis;

(c)issue an official request to the flag [F10state] to take immediate enforcement action should the allegation formulated against the fishing vessel concerned be proven to be founded, and to inform the [F11Secretary of State] of the measures taken;

(d)ask the flag [F12state] to notify the owner and, where appropriate, the operator of the fishing vessel concerned of the detailed statement of reasons for the intended listing and of the consequences which would result should the fishing vessel be included in the [F13United Kingdom] IUU vessel list, as laid down in Article 37. Flag [F14states] shall also be requested to provide information to the [F15Secretary of State] as to the fishing vessel's owners and, where appropriate, operators so as to ensure that such persons can be heard, in accordance with Article 27(2);