
COMMISSION REGULATION (EC) No 1010/2009 of 22 October 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing 

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard 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, and in particular Articles 6(3), 8(3), 9(1), 12(4), 12(5), 13(1), 16(1), 16(3), 17(3), 20(4), 49(1), 52 thereof,
After consulting the European Data Protection Supervisor,
Whereas:

(1) Regulation (EC) No 1005/2008 provides for the adoption of detailed rules and measures to implement the provisions it sets out.

(2) In accordance with Articles 6(3) and 16(1) of Regulation (EC) No 1005/2008 the period of three working days set out for the prior notification of landings or transhipments in port and for the submission of catch certificates before the estimated time of arrival of fishery products at the place of entry into the territory of the Community may be modified in the light of certain factors. These factors include: the type of fishery product; the distance between the fishing ground, landing places and ports where the vessels in question are registered or listed; the distance to the place of entry into the territory of the Community; the transport means used. Fresh fishery products and consignments arriving by air, road or rail require a shorter period than three working days.

(3) Consistency should be ensured in documents transmitted in relation to prior notification of landings and transhipments, landing and transhipment declarations and sighting reports. For that reason formats for these must be set out in accordance with Articles 6(1), 8(3) and 49(1) of Regulation (EC) No 1005/2008.

(4) Article 9(1) and Article 17(3) of Regulation (EC) No 1005/2008 provide that Member States shall carry out port inspections of at least 5 % of landing and transhipment operations by third country fishing vessels as well as verifications deemed necessary to ensure that the provisions of the Regulation are correctly applied, in accordance with benchmarks determined on the basis of risk management and on the basis of national or Community risk management criteria. It is appropriate to lay down common risk management criteria for checking, inspection and verification activities in order to allow timely risk analyses and global assessments of relevant control information. The common criteria aim at ensuring a harmonised approach to inspection and verification in all Member States and to establish a level playing field for all operators.

(5) Article 52 of Regulation (EC) No 1005/2008 provides that measures necessary for implementing the provisions of that Regulation are to be adopted in accordance with the Committee procedure. Given the fact that the Community should take account of possible capacity constraints for the proper implementation of the certification scheme, it is deemed necessary to adapt the scheme for some fishery products obtained by small fishing vessels, introducing the possibility of a simplified catch certificate. In the absence of a general definition of small scale fisheries certain specific criteria should be laid down under which the validation of a simplified catch certificate may be requested by the exporter. These criteria should take account in the first instance of the limited capacity of the fishing vessels concerned, in relation to which the obligation to apply the standard catch certification scheme would constitute a disproportionate burden.

(6) Article 13(1) of Regulation (EC) No 1005/2008 provides for the recognition of catch documentation schemes agreed and in force in the framework of regional fisheries management organisations (hereinafter referred to as RFMO) in so far as they comply with the requirements of the Regulation. Some of these schemes can be recognised as complying with the requirements of Regulation (EC) No 1005/2008, while others are subject to additional conditions.

(7) Economic operators who fulfil the conditions for obtaining the status of approved economic operator should be able to benefit from a simplified procedure when importing fishery products into the territory of the Community. It is necessary to establish common conditions in all Member States for the granting, amendment or withdrawal of approved economic operators’ certificates, or for suspension or revocation of the status of approved economic operator, and rules on the application for and issuing of approved economic operators’ certificates.

(8) Article 12(4) of Regulation (EC) No 1005/2008 provides for an administrative cooperation between the Commission and third countries in areas pertaining to the implementation of the catch certification provisions. Within the framework of Article 20(4) of Regulation (EC) No 1005/2008, the catch certificate may be established, validated or submitted by electronic means or may be replaced by electronic traceability systems ensuring the same level of control by authorities, in agreement with flag States. These administrative arrangements with flag States shall be regularly updated and Member States and the public shall be informed in due time.

(9) According to Article 51(2) of Regulation (EC) No 1005/2008 a system shall be established for mutual assistance between the Member States, with third countries and the Commission. Such administrative cooperation is essential to ensure that the Community catch certification scheme can be applied properly and that IUU fishing is properly investigated and sanctioned. Rules should therefore be drawn up for a systematic exchange of information either on request or spontaneously, and for the possibility to request enforcement measures and administrative notification by another Member State. Practical procedures should be laid down for exchanging information and requesting assistance. However, these provisions are not such as to affect the application in the Member States of rules on judicial cooperation in criminal cases.

(10) The protection of individuals with regard to the processing of personal data by the Member States is governed by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The protection of individuals with regard to the processing of personal data by the Commission is governed by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, in particular as regards to the requirements of confidentiality and security of processing, the transfer of personal data from the national systems of Member States to the Commission, the lawfulness of processing, and the rights of data subjects to information, access to and rectification of their personal data.

(11) Annex I of Regulation (EC) No 1005/2008, which lists the products excluded from the definition of ‘fishery products’, may be reviewed annually in accordance with Article 12(5), on the basis of information gathered under Chapters II, III, IV, V, VIII, X and XII. Hence, on the basis of the information gathered under the cooperation provided for in Article 20(4), Annex I shall be amended accordingly.

(12) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS REGULATION:

TITLE I
INSPECTIONS OF THIRD COUNTRY FISHING VESSELS IN UNITED KINGDOM PORTS
CHAPTER I
Conditions for access to port by third country fishing vessels
Prior notification
Article 1 
By way of derogation from Article 6(1) of Regulation (EC) No 1005/2008, vessels landing the types of fishery products set out in Annex I to this Regulation shall be subject to a prior notification period of 4 hours.
Prior notification form
Article 2 

1. The form for prior notification referred to in Article 6(1) of Regulation (EC) No 1005/2008 is set out in Annex IIA to this Regulation.
2. Where all catches are accompanied by a validated catch certificate, the simplified prior notification form set out in Annex IIB may be used.
Procedures and forms for pre-landing and pre-transhipment declarations
Article 3 

1. The form of the pre-landing declaration referred to in Article 8(1) of Regulation (EC) No 1005/2008 shall be as set out in Annex IIIA to this Regulation.
2. The form of the pre-transhipment declaration referred to in Article 8(1) of Regulation (EC) No 1005/2008 shall be as set out in Annex IIIB to this Regulation.
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5. The pre-landing or pre-transhipment declaration shall be submitted at least 4 hours before the intended landing or transhipment.
CHAPTER II
Port inspections
Benchmarks for port inspections
Article 4 
The benchmarks for port inspections as referred to in Article 9(1) of Regulation (EC) No 1005/2008 shall consist of the following criteria:

((a)) the species concerned are subject to a management or recovery plan;
((b)) the fishing vessel is suspected of not implementing applicable provisions on VMS according to Article 9 of Council Regulation (EC) No 1224/2009;
((c)) the fishing vessel has not been controlled at a port in the United Kingdom in the last 3 months;
((d)) the fishing vessel has not been controlled by a fisheries administration in the last 6 months;
((e)) the fishing vessel is not on the list of establishments from which imports of specified products of animal origin are permitted, as set out in Article 12 of Regulation (EC) No 854/2004 of the European Parliament and of the Council;
((f)) importation, exportation or trade in fishery products obtained from species of high commercial value;
((g)) introduction of new kinds of fishery products or discovery of new trade patterns;
((h)) inconsistencies between the trade patterns and the known fishing activities of a flag state in particular in respect of species, volumes or characteristics of its fishing fleet;
((i)) inconsistencies between the trade patterns and the known fishing-related activities of a third country in particular in respect of the characteristics of its processing industry or its trade in fishery products;
((j)) trade pattern not justified in terms of economic criteria;
((k)) involvement of a newly established operator;
((l)) significant and sudden increase in trade volume for a certain species;
((m)) submission of copies of catch certificates accompanying processing statements according to Annex IV of Regulation (EC) No 1005/2008, for instance when the catch has been split during production;
((n)) prior notification, required under Article 6 of Regulation (EC) No 1005/2008, not transmitted at the proper time or information incomplete;
((o)) inconsistencies between catch data declared by the operator and other information available to the competent authority;
((p)) vessel or vessel owner suspected of being or having been involved in IUU fishing activities;
((q)) vessel having recently changed name, flag or registration number;
((r)) flag state not notified according to Article 20 of Regulation (EC) No 1005/2008 or information available on possible irregularities in the validation of catch certificates by a given flag state (e.g. stamps or validation seal from a competent authority lost, stolen or forged);
((s)) presumed deficiencies in the control system of a flag state;
((t)) operators concerned who have already been involved in illegal activities constituting a potential risk in respect of IUU fishing;
((u)) the fishing vessel has been denied entry or use of port in accordance with the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, concluded in the framework of the Food and Agriculture Organisation of the United Nations (FAO).
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Reporting on the application of benchmarks
Article 5 
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TITLE II
CATCH CERTIFICATION SCHEME FOR IMPORTATION AND EXPORTATION OF FISHERY PRODUCTS
CHAPTER I
Catch certificates
Simplified catch certificate
Article 6 

1. This Article shall apply to third country fishing vessels:
(a) with an overall length of less than 12 metres without towed gear; or
(b) with an overall length of less than 8 metres with towed gear; or
(c) without a superstructure; or
(d) of less than measured 20 GT.
2. Catches from third country fishing vessels referred to in paragraph 1 which are only landed in the flag state of those vessels and which together constitute one consignment may be accompanied by a simplified catch certificate instead of the catch certificate referred to in Article 12 of Regulation (EC) No 1005/2008. The simplified catch certificate shall contain all the information specified in the specimen shown in Annex IV to this Regulation and shall be validated by a public authority of the flag state with the necessary powers to attest the accuracy of the information.
3. The validation of the simplified catch certificate shall be requested by the exporter of the consignment upon submission to the public authority of all the information specified in the specimen shown in Annex IV.
Recognised catch documentation schemes in RFMOs
Article 7 

1. The catch documentation schemes adopted by regional fisheries management organisations listed in Annex V, Part I, to this Regulation, shall be recognised for the purposes of Article 13(1) of Regulation (EC) No 1005/2008 as complying with the requirements of that Regulation without additional conditions.
2. The catch documentation schemes adopted by regional fisheries management organisations listed in Annex V, Part II, of this Regulation, shall be recognised, for the purposes of Article 13(1) of Regulation (EC) No 1005/2008, as complying with the requirements of that Regulation subject to additional conditions.
Deadline for the submission of catch certificates
Article 8 
By way of derogation from Article 16(1) of Regulation (EC) No 1005/2008, the submission of catch certificates for imports of fishery products in consignments by means of transportation referred to in Annex VI to this Regulation shall be subject to the shorter deadlines set out in that Annex.
CHAPTER II
Approved economic operators
Section 1
Conditions for granting the approved economic operator certificate
General provisions
Article 9 
Economic operators may, following an application, be granted a certificate of approved economic operator (hereinafter referred to as APEO certificate) for the purposes of Article 16 of Regulation (EC) No 1005/2008 only if they:

((a)) hold an authorised economic operator certificate (hereinafter referred to as AEO certificate) in accordance with Commission Regulation (EEC) No 2454/93 (hereinafter referred to as the Implementing Rules of the Community Customs Code); and
((b)) fulfil the criteria laid down in Article 16(3)(a) to (g) of Regulation (EC) No 1005/2008 and detailed in Articles 10 to 13 of this Regulation.
Sufficient import
Article 10 
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Record of compliance
Article 11 

1. The record of compliance with the requirements of conservation and management measures referred to in Article 16(3)(c) of Regulation (EC) No 1005/2008 shall be considered as appropriate if, over the last three years preceding the submission of the application, the applicant:
(a) has not committed a serious infringement of Fisheries Rules;
(b) has not committed repeated infringements of Fisheries Rules;
(c) has not directly or indirectly participated in or supported activities of vessels or operators engaged in IUU fishing or which are currently subject to investigation in that respect; and
(d) has not directly or indirectly participated in or supported activities of vessels included in IUU vessel lists adopted by a RFMO.
2. Notwithstanding paragraph 1, the record of compliance with the requirements of conservation and management measures may be considered as appropriate if a fisheries administration considers an infringement committed by the applicant:
(a) not to be serious; and
(b) of negligible quantitative importance in relation to the number or size of the import-related operations carried out by the applicant.
Management of records
Article 12 
The system of managing catch certificates and, where appropriate, processing records, as referred to in Article 16(3)(d) of Regulation (EC) No 1005/2008, shall be considered satisfactory if it ensures:

((a)) the handling of catch certificates connected to the trade in fisheries products;
((b)) the archiving of the applicant’s records and information; and
((c)) the protection against the loss of information.
Facilities
Article 13 
The applicant’s facilities, as referred to in Article 16(3)(e) of Regulation (EC) No 1005/2008, shall be considered appropriate if they:

((a)) prevent unauthorised access to storage areas, shipping areas, loading docks and cargo areas;
((b)) ensure the handling of fishery products including protection against tampering with cargo units;
((c)) ensure the handling of import and/or export licenses connected to prohibitions and restrictions and to distinguish fishery products subject to catch certificates from fishery products not subject to catch certificates.
Section 2
Application for an APEO certificate
Submission of the application
Article 14 

1. The application for an APEO certificate shall be submitted to a fisheries administration in accordance with the specimen set out in Annex VII.
2. The application shall include records and documentation enabling the fisheries administration to verify and monitor the compliance with the criteria laid down in Articles 9 to 13 of this Regulation, including a copy of the AEO certificate issued in accordance with the Implementing Rules of the Community Customs Code. Applicants shall submit necessary data to the fisheries administration.
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4. Where the fisheries administration establishes that the application does not contain all the information required, it shall, within 30 calendar days of receipt of the application, require the applicant to supply the relevant information.
5. When the fisheries administration has received all the information necessary it shall inform the applicant that the application has been deemed complete, specifying the date from which the time limits laid down in Article 18(2) of this Regulation will run.
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Inadmissibility of applications
Article 15 
The application referred to in Article 14 shall be inadmissible in the following cases:

((a)) where the application does not comply with Article 14; or
((b)) where the application is submitted within three years after the withdrawal of the APEO certificate referred to in points (a), (b) and (d) of Article 27(1).
Section 3
Procedure for issuing APEO certificates
Examination of application
Article 16 

1. The issuing fisheries administration must examine whether the criteria laid down in Articles 9 to 13 are met. The examination and its results shall be documented by the fisheries administration.
2. Where the applicant holds an ‘AEO certificate — Security and safety’ or an ‘AEO certificate — Customs simplification/security and safety’, as referred to in Article 14a of the Implementing Rules of the Community Customs Code, the criteria set out in Article 13 need not be examined.
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4. The issuing authority may accept conclusions provided by an expert in the relevant fields referred to in Articles 12 and 13 in respect of the criteria referred to in those Articles. The expert shall not in any way be related to the applicant.
Consultation of other Member States
Article 17 
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Issuing of an APEO certificate
Article 18 

1. The fisheries administration must issue the APEO certificate in accordance with the specimen set out in Annex VIII.
2. The APEO certificate shall be issued within 90 calendar days starting from the date of receipt of all the information necessary in accordance with Article 14.
3. The period of 90 calendar days provided for in paragraph 2 may be extended by one further period of 30 calendar days where the competent authority is unable to meet the deadline. In such cases, the fisheries administration must, before the expiry of the period referred to in paragraph 2, inform the applicant of the reasons for the extension.
4. The period provided for in paragraph 2 may also be extended if, in the course of the examination of the compliance with the criteria laid down in Articles 9 to 13, the applicant carries out adjustments in order to satisfy those criteria and communicates them to the competent authority.
Rejection of an application
Article 19 

1. Where the result of the examination carried out in accordance with Article 16 is likely to lead to the rejection of the application, the fisheries administration must communicate the findings to the applicant and provide him with the opportunity to respond within 30 calendar days, before rejecting the application. The period laid down in paragraph 2 shall be suspended accordingly.
2. If the application is rejected, the competent authority shall inform the applicant of the reasons on which the decision is based. The decision to reject an application shall be notified to the applicant within the time limits laid down in paragraphs 2, 3 and 4 of Article 18 and paragraph 1 of this Article.
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Section 4
Status of approved economic operator
Verifications
Article 20 

1. When the holder of an APEO certificate has advised a fisheries administration of the arrival of fishery products, the fisheries administration may, before the arrival of the consignment into the United Kingdom, notify the approved economic operator when, as a result of a risk analysis in accordance with Article 17 of Regulation (EC) No 1005/2008, the consignment has been selected for further verification. That notice shall only be provided where it does not jeopardise the verification to be carried out.
2. The holder of an APEO certificate shall be subject to fewer physical and document-based verifications than other importers, unless a fisheries administration decides otherwise in order to take into account a specific risk, or control obligations set out in other ... legislation.
3. Where, following a risk analysis, a fisheries administration selects for further examination a consignment accompanied by a catch certificate lodged by an approved economic operator, it shall carry out the necessary verifications as a matter of priority. If the approved economic operator so requests, and subject to agreement with the fisheries administration, those verifications may be carried out at a place which is different from the place of the office of the fisheries administration.
Section 5
Legal effects of APEO certificates
General provisions
Article 21 

1. The APEO certificate shall take effect on the tenth working day after the date of its issue. Its period of validity shall not be limited.
2. The APEO certificate shall only be valid in the United Kingdom.
3. A fisheries administration shall monitor compliance with the criteria laid down in Articles 9 to 13.
4. In the case of an APEO certificate issued to an applicant established for less than three years, close monitoring shall take place during the first year after issue.
5. A reassessment of the compliance with the criteria referred to in Articles 9 to 13 shall be carried out by the issuing fisheries administration in the following cases:
(a) major changes to the relevant ... legislation;
(b) reasonable indication that the relevant criteria are no longer met by the approved economic operator.
6. Article 16(4) shall apply to the reassessment.
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Suspension of the status of an approved economic operator
Article 22 

1. The status of approved economic operator shall be suspended by the fisheries administration in the following cases:
(a) where non-compliance with the criteria laid down in Articles 9 to 13 has been detected;
(b) where the fisheries administration has sufficient reason to believe that an act has been perpetrated by the approved economic operator, which gives rise to legal proceedings and is linked to an infringement of Fisheries Rules or of Regulation (EC) No 1005/2008;
(c) where the status of the authorised economic operator has been suspended in accordance with the Implementing Rules of the Community Customs Code;
(d) where the suspension is requested by the approved economic operator which is temporarily unable to meet any of the criteria laid down in Articles 9 to 13.
2. Before taking a decision in accordance with paragraph 1(a), (b) and (c), the fisheries administration must communicate its findings to the economic operator concerned. The operators shall be entitled to express its point of view within 30 calendar days starting from the date of receiving the communication.
3. However, where the nature or the level of the threat to the conservation measures for a certain stock or stocks so require, suspension shall take place immediately. ...
4. The suspension referred to in paragraph 1 shall take effect from the day following its notification to the approved economic operator. The suspension shall however not affect any import procedure already started before the date of suspension and not yet completed.
Suspension in the case of non-compliance with relevant criteria
Article 23 

1. In the case referred to in point (a) of Article 22(1), if the approved economic operator does not regularise the situation within the period referred to in paragraph 2 of that Article, the status of approved economic operator shall be suspended for a period of 30 calendar days. The fisheries administration must, without delay, notify the economic operator of the suspension ....
2. Where the economic operator concerned has been unable to regularise the situation within the suspension period of 30 calendar days referred to in paragraph 1 but can provide evidence that the conditions can be met if the suspension period is extended, the fisheries administration must suspend the status of approved economic operator for a further 30 calendar days. ...
3. When the economic operator concerned has, within the time limit set out in paragraphs 1 or 2, taken the necessary measures to comply with the criteria laid down in Articles 9 to 13, the fisheries administration must withdraw the suspension and inform the economic operator concerned .... The suspension may be withdrawn before the expiry of the time limit laid down in paragraphs 1 or 2.
Suspension in case of legal proceedings
Article 24 

1. In the case referred to in point (b) of Article 22(1), the fisheries administration must suspend the status of the approved economic operator for the duration of the proceedings. ...
2. The fisheries administration may however decide not to suspend the status of approved economic operator if it considers the infringement to be of negligible quantitative importance in relation to the number or volume of the import-related operations carried out by that operator.
Suspension related to the status of authorised economic operator
Article 25 
In the case referred to in point (c) of Article 22(1), the fisheries administration must suspend the status of the approved economic operator until the suspension of the status of authorised economic operator has been withdrawn. ...
Suspension upon request
Article 26 

1. In the case referred to in Article 22(1)(d) the approved economic operator shall notify the fisheries administration of its temporary inability to meet the criteria laid down in Articles 9 to 13, specifying the date when the criteria will be met again. The approved economic shall also notify the fisheries administration of any planned measures and their timescale.
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3. If the approved economic operator fails to regularise the situation within the period set out in its notification, the fisheries administration may grant a reasonable extension, provided that the approved economic operator has acted in good faith. ...
Withdrawal of the APEO certificate
Article 27 

1. The APEO certificate shall be withdrawn in the following cases:
(a) where the approved economic operator fails to take the necessary measures to comply with the criteria laid down in Articles 9 to 13 in accordance with Article 23(3);
(b) where it has been established that a serious infringement or repeated infringements related to Fisheries Rules or of Regulation (EC) No 1005/2008 have been committed by the approved economic operator and there is no further right of appeal;
(c) where the approved economic operator fails to take the necessary measures to comply with the criteria laid down in Articles 9 to 13 in accordance with Article 26;
(d) where the status of authorised economic operator, granted in accordance with the Implementing Rules of the Community Customs Code, has been withdrawn;
(e) upon request of the approved economic operator.
2. In the case referred to in point (b) of paragraph 1, the competent authority may decide not to withdraw the APEO certificate if the infringements are of negligible quantitative importance in relation to the number or size of the import-related operations carried out by that operator.
3. The withdrawal shall take effect from the day following its notification to the approved economic operator.
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Section 6
Information exchange
Information requests
Article 28 

1. The approved economic operator shall inform the fisheries administration of all factors arising after the certificate is granted which may influence its continuation.
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Sharing of information on approved economic operators
Article 29 

1. A fisheries administration must store any APEO certificates and, where applicable, relevant information relating to their amendment, suspension or withdrawal for a minimum period of three years.
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Reporting obligations and evaluation
Article 30 
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CHAPTER III
Verifications related to catch certificates
... criteria for verifications
Article 31 
Verifications intended to ensure that the provisions of Regulation (EC) No 1005/2008 are complied with, as referred to in Article 17 of that Regulation, shall be focused towards risks identified on the basis of the following ... criteria:

((a)) importation, exportation or trade in fishery products obtained from species of high commercial value;
((b)) introduction of new kinds of fishery products or discovery of new trade patterns;
((c)) inconsistencies between the trade patterns and the known fishing activities of a flag State in particular in respect of species, volumes or characteristics of its fishing fleet;
((d)) inconsistencies between the trade patterns and the known fishing-related activities of a third country in particular in respect of the characteristics of its processing industry or its trade in fishery products;
((e)) trade pattern not justified in terms of economic criteria;
((f)) involvement of a newly established operator;
((g)) significant and sudden increase in trade volume for a certain species;
((h)) submission of copies of catch certificates accompanying processing statements according to Annex IV of Regulation (EC) No 1005/2008, for instance when the catch has been split during production;
((i)) prior notification, required under Article 6 of Regulation (EC) No 1005/2008, not transmitted at the proper time or information incomplete;
((j)) inconsistencies between catch data declared by the operator and other information available to the competent authority;
((k)) vessel or vessel owner suspected of being or having been involved in IUU fishing activities;
((l)) vessel having recently changed name, flag or registration number;
((m)) ...
((n)) presumed deficiencies in the control system of a flag State;
((o)) operators concerned who have already been involved in illegal activities constituting a potential risk in respect of IUU fishing.
Reporting obligations and evaluation
Article 32 
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CHAPTER IV
Cooperation with third countries
Administrative cooperation with third countries concerning catch certificates
Article 33 
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TITLE III
SIGHTINGS
Form for submission of information regarding sighted fishing vessels
Article 34 
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TITLE IV
MUTUAL ASSISTANCE
CHAPTER I
General provisions
Scope
Article 35 
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Protection of personal data
Article 36 
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Use of information and protection of professional and commercial secrecy
Article 37 
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Costs
Article 38 
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Single authority
Article 39 
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Follow-up measures
Article 40 
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CHAPTER II
Information without prior request
Information without prior request
Article 41 
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CHAPTER III
Requests for assistance
Definitions
Article 42 
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General requirements
Article 43 
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Transmission of requests and replies
Article 44 
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Requests for information
Article 45 
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Requests for enforcement measures
Article 46 
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Deadline for replies to requests for information and enforcement measures
Article 47 
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Requests for administrative notification
Article 48 
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CHAPTER IV
Relations with the Commission
Communication between the Member States and the Commission
Article 49 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Coordination by the Commission
Article 50 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER V
Relations with third countries
Information exchange with third countries
Article 51 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER VI
Transitional provision
Establishment of an IUU Fishing Information System
Article 52 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TITLE V
AMENDMENTS
Amendments to Regulation (EC) No 1005/2008
Article 53 
Annex I of Regulation (EC) No 1005/2008, containing the list of products excluded from the definition of ‘fisheries products’ in Article 2(8) of that Regulation is amended as set out in Annex XIII to this Regulation.
TITLE VI
FINAL PROVISIONS
Entry into force
Article 54 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...
ANNEX I
Prior notification period for certain types of fishery products referred to in Article 1Four-hour prior notification period 

Landings of fresh fishery products by fishing vessels into designated ... ports.

ANNEX IIA

                     Form for prior notification for third country fishing vessels referred to in Article 2(1)
                  



ANNEX IIB

                     Form for prior notification for third country fishing vessels referred to in Article 2(2)

ANNEX IIIA
Form for pre-landing declarations referred to in Article 3(1)



ANNEX IIIB
Form for pre-transhipment declarations referred to in Article 3(2)
(required from both donor and receiving vessel)



ANNEX IV
EUROPEAN COMMUNITY CATCH CERTIFICATE
Simplified form for fishery products fulfilling the requirements in Article 6 of this Regulation

AppendixTransport details 

ANNEX V
Catch documentation schemes adopted by regional fisheries management organisations recognised as complying with the requirements of Regulation (EC) No 1005/2008
Part I Catch documentation schemes recognised as complying with the requirements of Regulation (EC) No 1005/2008: 


— Dissostichus spp. catch documentation scheme as set out in Council Regulation (EC) No 1035/2001 of 22 May 2001 establishing a catch documentation scheme for Dissostichus spp.
— ICCAT Bluefin tuna Catch Documentation Programme as set out in Regulation (EU) No 640/2010 of the European Parliament and of the Council

Part II Catch documentation schemes recognised as complying with the requirements of Regulation (EC) No 1005/2008, subject to additional conditions: 


— CCSBT (Commission for the Conservation of Southern Bluefin Tuna) — Resolution on the implementation of a CCSBT Catch Documentation scheme (adopted at the Fifteenth Annual Meeting — 14-17 October 2008). In addition to the catch documents and any related documents validated in conformity with the CCSBT Catch Documentation scheme, the importer shall submit to the authorities of the Member States of importation the information on transport details, specified in the Appendix on transport details included in Annex II of Regulation (EC) No 1005/2008.

ANNEX VI
Submission periods of catch certificates for consignments referred to in Article 8Four-hour period for submission of catch certificate prior to entry into the United Kingdom 

Consignments of fishery products entering the United Kingdom by airfreight
Two-hour period for submission of catch certificate prior to entry into the United Kingdom 

Consignments of fishery products entering the United Kingdom by road
Four-hour period for submission of catch certificate prior to entry into the United Kingdom 

Consignments of fishery products entering the United Kingdom by railway

ANNEX VII

ANNEX VIII

ANNEX IX

                        Section 1
                      
                        NORWAY
                      

                        CATCH CERTIFICATION SCHEME
                      

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                        MUTUAL ASSISTANCE
                      

Mutual assistance under Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and the assistance between the respective authorities in Norway and in the Member States of the European Union, based on the detailed rules on mutual assistance laid down in Regulation (EC) No 1010/2009.

                           Appendix I
                         


                        Section 2
                      
                        UNITED STATES
                      

                        CATCH CERTIFICATION SCHEME
                      

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                        MUTUAL ASSISTANCE
                      

Mutual assistance under Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and administrative cooperation between respective competent authorities in the United States and Member States of the European Union, based on the detailed rules on mutual assistance laid down in Regulation (EC) No 1010/2009.

                           Appendix 1
                         





                           Appendix 2
                         

The U.S. Catch Documentation Scheme, as revised in 2019, is designed to issue a single form of catch certificate for export consignments from the United States to the European Union (EU) of fishery products, raw and processed.

On the U.S. catch certificate, U.S. exporters will be required to 1) list the single vessel responsible for the harvest of fish or fisheries products comprising the respective consignment with all of the applicable information required on the United States Attestation of Legal Catch; or 2) provide a vessel grouping name responsible for the harvest of fish or fisheries products comprising the respective consignment with all of the applicable information required on the United States Attestation of Legal Catch.

The grouping feature will be used for fisheries subject to significant commingling of catch at-sea or on-shore (for example, fisheries including but not limited to: those where initial catches are divided by size before further dispatch e.g., lobster; or those in which multiple harvest vessels deliver fish to tender vessels at sea).

Groupings will be managed by the U.S. producer or processor requesting the certificate and subject to audit. Reflecting current U.S. practices, the U.S. producer or processor will be responsible for retaining all information corresponding to the vessels or list of vessels which contributed to the consignment and providing that information to the U.S. Government competent authority upon request.

The single vessel or grouping feature will enable the United States to produce a single certificate per shipment while having access to the complete vessel information behind each shipment.

This information will be available to authorities in importing Member States upon request to the U.S. Government competent authority.


                        Section 3
                      
                        NEW ZEALAND
                      

                        CATCH CERTIFICATION SCHEME
                      

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                        MUTUAL ASSISTANCE
                      

Mutual assistance under Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and assistance between respective competent authorities in New Zealand and Member States of the European Community, based on detailed rules on mutual assistance laid down in Commission Regulation (EC) No 1010/2009.

                           Appendix I
                         

                                 Specimen of the New Zealand catch certificate
                               

                           Appendix II
                         

                                 Supporting explanatory notes on the New Zealand catch certificate
                               

The ‘consignor’ is the ‘exporter’

Any information included in an ‘unofficial information’ box and information that follows the New Zealand government signatures is not validated by the New Zealand government.


                        Section 4
                      
                        ICELAND
                      

                        CATCH CERTIFICATION SCHEME
                      

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                        MUTUAL ASSISTANCE
                      

Mutual assistance pursuant to Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and the assistance between the respective authorities in Iceland and in the Member States of the European Union, based on the detailed rules on mutual assistance laid down in Commission Regulation (EC) No 1010/2009.

                           Appendix
                         


                        Section 5
                      
                        CANADA
                      

                        CATCH CERTIFICATION SCHEME
                      

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                        MUTUAL ASSISTANCE
                      

Mutual assistance pursuant to Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and administrative cooperation between respective competent authorities in Canada and Member States of the European Union, based on detailed rules on mutual assistance laid down in Commission Regulation (EC) No 1010/2009.

                           Appendix 1
                         

                           Appendix 2
                         

                           Appendix 3
                         


                        Section 6
                      
                        FAROE ISLANDS
                      

                        CATCH CERTIFICATION SCHEME
                      

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                        MUTUAL ASSISTANCE
                      

Mutual assistance pursuant to Article 51 of Regulation (EC) No 1005/2008 shall be developed to facilitate the exchange of information and assistance between respective competent authorities of the Faroe Islands and Member States of the European Union, based on detailed rules on mutual assistance laid down in Commission Regulation (EC) No 1010/2009.

                           Appendix
                         


                        Section 7
                      
                        SOUTH AFRICA
                      

                        CATCH CERTIFICATION SCHEME
                      

In accordance with Article 12(4) of Regulation (EC) No 1005/2008, the catch certificate provided for in Article 12 and Annex II of that Regulation shall be replaced — for fisheries products obtained from catches made by fishing vessels flying the flag of South Africa — by South African catch certificates, which is an electronic traceability system under the control of the South African authorities ensuring the same level of control by authorities as required under the European Union catch certification scheme.

Specimens of the South African catch certificates which shall replace the European Union Catch Certificate and Re-export Certificate and are given in Appendix I.

Documents referred to in Article 14(1) and (2) of Regulation (EC) No 1005/2008 may be communicated by electronic means.

                           Appendix I
                         

ANNEX XA
Form for submission of information regarding sighted fishing vessels

ANNEX XB
Instructions for filling the format set out in Annex XAFILL IN AS MUCH INFORMATION AS POSSIBLE 
 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX XI
Standard form for the exchange of information on request according to Article 45

ANNEX XII
Standard form for the request for administrative notification according to Article 48

ANNEX XIII
List of products excluded from the definition of 
                     ‘
                     fishery products
                     ’
                      set out in point 8 of Article 2 of Council Regulation (EC) No 1005/2008 of 
                     29 September 2008
                      establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
