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Council Regulation (EC) No 40/2008Show full title

Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required

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SECTION 1Authorisation of vessels

Article 57Authorisation of vessels

1.Member States shall submit electronically, where possible, to the Commission by 1 June 2008, the list of their vessels that are authorised to operate in the SEAFO Convention Area by issue of a fishing permit.

2.Owners of the vessels included in the list referred to in paragraph 1 shall be citizens or legal entities of the Community.

3.Fishing vessels may be authorised to operate in the SEAFO Convention Area only if they are able to fulfil in respect of those vessels the requirements and responsibilities under the SEAFO Convention and its conservation and management measures.

4.No fishing permit shall be issued to vessels that have a history of IUU fishing activities unless the new owners have provided sufficient evidence demonstrating that the previous owners and operators have no legal, beneficial or financial interest in, or control over those vessels, or that, having taken into account all relevant facts, their vessels are not engaged in or associated with IUU fishing.

5.The list referred to in paragraph 1 shall include the following information:

(a)name of vessel, registration number, previous names (if known), and port of registry;

(b)previous flag (if any);

(c)International Radio Call Sign (if any);

(d)name and address of owner or owners;

(e)type of vessel;

(f)length;

(g)name and address of operator (manager) or operators (managers) (if any);

(h)gross register tonnage; and

(i)power of main engine or engines.

6.Member States shall promptly notify the Commission, after the establishment of the initial list of authorised vessels, of any addition to, deletion from and/or any modification whenever such changes occur.

Article 58Obligations for authorised vessels

1.Vessels shall comply with all the relevant SEAFO conservation and management measures.

2.Authorised vessels shall keep on board valid certificates of vessel registration and valid authorisation to fish and/or tranship.

Article 59Unauthorised vessels

1.Member States shall take measures to prohibit the fishing for, the retaining on board, the transhipment and landing of species covered by the SEAFO Convention by the vessels which are not entered into the SEAFO record of authorised vessels.

2.Member States shall notify the Commission of any factual information showing that there are reasonable grounds for suspecting vessels not on the SEAFO record of authorised vessels to be engaged in fishing for and/or transhipment of species covered by the SEAFO Convention in the SEAFO Convention Area.

3.Member States shall take the necessary measures to ensure that the owners of vessels included in the SEAFO record of authorised vessels are not engaged in or associated with fishing activities conducted by vessels not entered into the record of authorised vessels in the SEAFO Convention Area.

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