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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 36
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There are currently no known outstanding effects for the Council Regulation (EC) No 1005/2008, Article 36.
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Article 36U.K.Emergency measures
[F11.If there is evidence that the measures adopted by a third country undermine the conservation and management measures adopted by a regional fisheries management organisation, a fisheries administration may adopt, in line with the international obligations of the United Kingdom, emergency measures which must last no more than six months. A fisheries administration may take a new decision to extend the emergency measures for no more than six months.]
2.The emergency measures referred to in paragraph 1 may include, inter alia, that:
(a)fishing vessels authorised to fish and flying the flag of the third country concerned shall not be granted access to the ports of [F2the United Kingdom], except in case of force majeure or distress as referred to in Article 4(2) for services strictly necessary to remedy those situations;
(b)[F3United Kingdom fishing vessels] shall not be authorised to engage in joint fishing operations with vessels flying the flag of the third country concerned;
(c)[F4United Kingdom fishing vessels] shall not be authorised to fish in maritime waters under the jurisdiction of the third country concerned, without prejudice to the provisions set out in bilateral fishing agreements;
(d)provision of live fish for fish farming in maritime waters under the jurisdiction of the third country concerned shall not be authorised;
(e)live fish caught by fishing vessels flying the flag of the third country concerned shall not be accepted for the purposes of fish farming in [F5United Kingdom waters].
[F63.Emergency measures have immediate effect. A fisheries administration must notify the country concerned and publish the measures on a website that is accessible to the public.]
F74.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Art. 36(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(32)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 36(2)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(32)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 36(2)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(32)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 36(2)(c) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(32)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 36(2)(e) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(32)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 36(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(32)(c); 2020 c. 1, Sch. 5 para. 1(1)
F7Art. 36(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(32)(d); 2020 c. 1, Sch. 5 para. 1(1)
F8Art. 36(5) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(32)(d); 2020 c. 1, Sch. 5 para. 1(1)
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