CHAPTER V IDENTIFICATION OF FISHING VESSELS ENGAGED IN IUU FISHING

Article 27 Establishment of the United Kingdom IUU vessel list
1 The United Kingdom IUU vessel list is, subject to any amendments made by virtue of this Article or Article 28, the list contained in Commission Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing.
Art. 27(1)-(1B) substituted for Art. 27(1) (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 28(8); 2020 c. 1, Sch. 5 para. 1(1)
1A. The Secretary of State may, by regulations, amend the United Kingdom IUU vessel list to include any vessel—
(a) included in an IUU vessel list adopted by a regional fisheries management organisation;
(b) in relation to which, further to measures taken pursuant to Articles 25 and 26, the information obtained in accordance with this Regulation establishes is engaged in IUU fishing; and
(c) whose flag state has not complied with the official request referred to in Article 26(2)(b) and (c) in response to an allegation of IUU fishing.
1B. The remaining paragraphs of this Article apply to the inclusion of a vessel on the United Kingdom IUU vessel list under points (b) and (c) of paragraph 1A.
2 Before placing any fishing vessel on the United Kingdom IUU vessel list, the Secretary of State must provide the owner and, where appropriate, the operator of the fishing vessel concerned with a detailed statement of reasons for the intended listing and with all elements supporting the suspicion that the fishing vessel has carried out IUU fishing. The statement shall mention the right to ask for or to provide additional information, and give the owner, and, where appropriate, the operator the possibility of being heard and to defend their case, leaving them adequate time and facilities.
Words in Art. 27(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(27)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 27(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(27)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
3 When a decision is taken to place a fishing vessel on the United Kingdom IUU vessel list, the Secretary of State must notify that decision, and the reasons for it, to the owner and, where appropriate, the operator of the fishing vessel.
Words in Art. 27(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(27)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 27(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(27)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
4 The obligations imposed on the Secretary of State by paragraphs 2 and 3 shall apply without prejudice to the primary responsibility of the flag state over the fishing vessel, and only in so far as the relevant information on the identification of the fishing vessel owner and operator is at the disposal of the Secretary of State.
Words in Art. 27(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(27)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 27(4) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(27)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
5 The Secretary of State must notify the flag state of the inclusion of the fishing vessel on the United Kingdom IUU vessel list and shall provide the flag state with the detailed reasons for listing.
Words in Art. 27(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(27)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 27(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(27)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 27(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(27)(e)(iii); 2020 c. 1, Sch. 5 para. 1(1)
6 The Secretary of State must request flag states with fishing vessels on the United Kingdom IUU vessel list to:
(a) notify the owner of the fishing vessel of its inclusion on the United Kingdom IUU vessel list, of the reasons justifying this inclusion and of the consequences resulting from it, as laid down in Article 37; and
Words in Art. 27(6)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(27)(f)(iv); 2020 c. 1, Sch. 5 para. 1(1)
(b) take all the necessary measures to eliminate IUU fishing, including, if necessary, the withdrawal of the registration or the fishing licences of the fishing vessels concerned, and to inform the Secretary of State of the measures taken.
Words in Art. 27(6)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(27)(f)(v); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 27(6) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(27)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 27(6) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(27)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 27(6) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(27)(f)(iii); 2020 c. 1, Sch. 5 para. 1(1)
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 27 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(27)(g); 2020 c. 1, Sch. 5 para. 1(1)
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Art. 28 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(27)(g); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 27 heading substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(27)(a); 2020 c. 1, Sch. 5 para. 1(1)
Ch. 5 applied (with modifications) (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(3), 5)