The IUU Regulation has been in place since 1 January 2010. However there still some outstanding issues regarding the Regulation. This e-alert covers new information and lists key background sources:
Letter from DG Mare Director General, Lowri Evans, re weights to be entered on catch certificates.
The Director General Lowri of DG MARE, Lowri Evans, has written to all third country authorities clarifying the current procedure for completing catch certificates. There have been some recurring issues in the application of the scheme to date, mainly concerning the weights recorded and the length of CN codes used. To ensure traceability the Commission are reminding third country authorities that the weights recorded in 'Estimated Live Weight' and/or an 'Estimated Weight to be landed' should be for the consignment to be exported and not the total catch landed. If total landed weights are recorded when only part of the landing is coming to the EU it makes it difficult for enforcement staff in Member States to try and verify the legality of the consignment. The letter adds that from 15 August 2010 consignments with catch certificates showing weights that do not match actual consignments will not be allowed into the EU. MemberState authorities will make verifications accordingly. In addition the letter states that some catch certificates only show a 4 digit product code, which does not ensure sufficient traceability. As a minimum 6 digit product codes need to be entered onto the catch certificate.
To help importers understand how this is going to work see details in the new Defra Guidance Note below.
NEW - Defra Guidance Note on weights and product codes
A new Defra Guidance Note has been published which details what information UK Enforcement Authorities will expect to see on catch certificates in respect of weights and product codes from 15 August 2010. With respect to weights the weight entered on the catch certificate should cover the consignment to be exported ie the weight of fish actually imported rather than the total catch landed. Importers or their agents will need to check catch certificates include the correct weights prior to submitting the documents and liaise with their suppliers in third countries re the requirements on weight declarations. With respect to product codes a minimum 6 digit code is required.
The current list is dated 4 June 2010. At this date 88 third countries had notified the Commission of their Competent Authorities. For countries that notified before 1 January 2010, the effective date of their notification is 1 January 2010. For countries that notified their Competent Authorities after 1 January 2010, the date in brackets next to the name of the country refers to the date the notification was accepted by the Commission. Only catches made from that date are authorised to be imported into the EC, when accompanied by a valid catch certificate. Russia was late notifying their Competent Authority, however their date of notification has been amended from 19 February 2010 to 13 February 2010. The most recent notification is Jamaica (11 May 2010). Notifications cannot be applied retrospectively.
Bilateral agreements have been reached with the Faroe Islands, New Zealand, the United States, Canada, Norway and Iceland.
EU Council Regulation legal base: 1005/2008 establishes a Community system to prevent, deter and eliminate IUU fishing. See: EU Regulation 1005
EU Commission implementing Regulation: 1010/2009 which contains detailed rules for the implementation of Council Regulation 1005/2008. See: EU Regulation 1010.
There have been two amendments to IUU Regulations 1005/2008 and 1010/2009.
1. Commission Regulation 86/2010 (29 January 2010) includes an updated list of seafood products that are not covered by the IUU regulations and contains documentation relating to the bilateral agreements between the Commission and Norway, the United States and New Zealand See EU Regulation 86.
2. Commission Regulation 395/2010 of7 May 2010 containsadministrative arrangements between the Commission and Iceland, Canada and the Faroe Islands. See EU Regulation 395.
Commission Regulation 468/2010 of 28 May 2010 establishes the EU list of vessels engaged in illegal, unreported and unregulated fishing. See EU Regulation 468.
Seafish — supporting the seafood industry for a sustainable, profitable future Telephone (Edinburgh): 0131 558 3331 (Humberside): 01472 252 300 On the web: www.seafish.org
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