Regulation 2008/1005 - Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing - Main contents

Summary of Legislation
Legislative text

1. Summary of Legislation

Eliminating illegal, unreported and unregulated fishing

SUMMARY OF:

Regulation (EC) No 1005/2008 — EU system to prevent, deter and eliminate illegal, unreported and unregulated fishing

WHAT IS THE AIM OF THIS REGULATION?

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It establishes a European Union (EU) system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing in EU and international waters.
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The regulation works alongside the EU fisheries control system for the checking, inspection and enforcement by national authorities of the rules of the common fisheries policy.

KEY POINTS

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A fishing vessel is presumed to be engaged in IUU fishing if it falls into 1 of a number of categories:
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  does not hold a valid fishing licence;
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  does not fulfil its obligations to record or report catch or catch-related data;
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  fishing in a closed area*, during a closed season*, without or having used up a quota, or beyond closed depth*;
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  fishing unauthorised species;
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  using banned or non-compliant fishing gear;
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  falsifies or conceals its identity, markings or registration;
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  falsifies or conceals evidence relating to an investigation;
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  obstructs the work of inspectors;
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  takes on board, transfers to another ship or lands undersized fish;
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  participates in activities with vessels included in the IUU vessel list;
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  carries out fishing activities in an area covered by a Regional Fisheries Management Organisation (RFMO) without complying with the conservation and management measures of that organisation and is registered in a country not party to that organisation, or not cooperating with that organisation;
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  is a stateless vessel.

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The regulation lays down a series of measures so that IUU fishery products do not enter the EU market.

Designated ports

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Only port facilities designated by EU countries are open to vessels from non-EU countries.
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Landings and transshipments* of fishery products between vessels from non-EU countries and EU vessels, which are prohibited at sea, must only take place in designated ports.

Port inspections

The EU country in which the port is located is responsible for monitoring fishery products imported into the EU. It must check that such products are legal and that the vessel complies with the regulations, i.e. it holds the required licences and authorisations, and the quantity declared matches with the quantity landed or transshipped.

Catch certificates

The catch certificate guarantees that products imported into the EU do not originate from IUU fishing. These certificates are issued by the country in which the fishing vessel is registered (flag state). They accompany fishery products throughout the supply chain to allow continual checks.

Presumed IUU fishing

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The European Commission will:
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  identify fishing vessels for which sufficient information has been obtained to presume that they may be engaged in IUU fishing;
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  notify the flag states (i.e. non-EU countries and EU countries) whose fishing vessels have been identified; and
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  circulate the information to all EU countries.

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It will also draw up a list of vessels engaged in IUU fishing. The procedures for establishing this list allow for safeguards and appeal arrangements to guarantee the fair treatment of the vessels and countries concerned.

Non-cooperating non-EU countries

The Commission will also identify non-cooperating non-EU countries in the fight against IUU. A non-EU country may be identified as a non-cooperating country when it does not fulfil its duties as flag, port, coastal or market state to take action to prevent, deter and eliminate IUU fishing.

Sanctions

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EU countries must apply effective, proportionate and dissuasive sanctions against natural or legal persons engaged in IUU activities.
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The maximum sanction is at least 5 times the value of the fishery products obtained.
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In the event of a repeated infringement within a 5-year period, EU countries must impose a maximum sanction of at least 8 times the value of the fishery products obtained.

FROM WHEN DOES THIS REGULATION APPLY?

It has applied since 1 January 2010.

BACKGROUND

For more information, see:

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‘Illegal fishing (IUU)’ on the European Commission's website.

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KEY TERMS

Closed area: an area closed for commercial fishing to allow stocks to recover.

Closed season: a period of the year when fishing is prohibited to allow stocks to recover.

Closed depth: a depth after a given limit which is closed to fishing to allow deep-sea stocks to recover.

Transshipment: the transfer of a catch from a smaller fishing boat to a larger one which then incorporates it into a larger batch for shipment.

MAIN DOCUMENT

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 (OJ L 286, 29.10.2008, pp. 1–32)

Corrigendum to 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 (OJ L 286, 29.10.2008) (OJ L 22, 26.1.2011, pp. 8)

The successive amendments to Regulation (EC) No 1005/2008 have been incorporated into the original text. This consolidated version is of documentary value only.

Contents

1.

Summary of Legislation

2.

Legislative text