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Council Regulation (EC) No. 1005/2008 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.

Country
Type of law
Legislation
Date of original text
Source

Abstract
This Regulation establishes a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing. The system shall apply to all IUU fishing and associated activities carried out within the territory of Member States to which the Treaty applies, within Community waters, within maritime waters under the jurisdiction or sovereignty of third countries and on the high seas. IUU fishing within maritime waters of the overseas territories and countries referred to in Annex II of the Treaty shall be treated as taking place within maritime waters of third countries.
Chapter II regulates inspections of third country fishing vessels in member States ports. These provisions encompass conditions for access to port by third country fishing vessels and port inspections, and they include the procedure to be followed if the information collected during the inspection provides evidence to the official to believe that a fishing vessel has engaged in IUU fishing.
Chapter III regards the catch certification scheme for importation and exportation of fishery products. As a general rule, the importation into the European Union of fishery products obtained from IUU fishing shall be prohibited. To ensure the effectiveness of such prohibition, fishery products shall only be imported into the Community when accompanied by a catch certificate in conformity with this Regulation.
Chapter IV sets up a Community Alert System: where information obtained raises well-founded doubt as to the compliance, by fishing vessels or fishery products from certain third countries, with applicable laws or regulations, or with international conservation and management measures, the Commission shall publish an alert notice on its website and in the Official Journal of the European Union to warn operators and to ensure that Member States take appropriate measures in respect of the third countries concerned. Identification of fishing vessels engaged in IUU fishing is regulated in detail under Chapter V. The Commission shall establish a Community IUU vessel list and shall also identify non-cooperating third countries (Chapter VI). Measures and Action in respect of fishing vessels included in the Community IUU vessel list and in respect of non-cooperating third countries are set out in Chapter VII.
Chapter VIII lays down provisions on the nationals supporting or engaged in IUU fishing. Immediate enforcement measures, sanctions and accompanying sanctions are set out in Chapter IX. The implementation of provisions adopted within certain Regional Fisheries Management Organizations pertaining to fishing vessel sightings are laid down in Chapter X.
Date of consolidation/reprint
Entry into force notes
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union and shall apply from 1 January 2010.
Notes
An unofficial consolidated version of the present Regulation, as last amended by the Regulation (EU) 2023/2842, is attached.
Repealed
No
Serial Imprint
Official Journal of the European Union L 286, 29 October 2008, pp. 1-32.
Source language

English

Legislation Amendment
No
Implemented by