Commission Implementing Regulation (EU) No 793/2013 (repealed)Show full title

Article 1 Subject matter

This Regulation identifies the Faeroe Islands as a country allowing non-sustainable fishing of the Atlanto-Scandian herring stock and establishes measures in respect of the Faeroe Islands to ensure the long-term conservation of that stock.

Article 2 Scope and objectives

This Regulation shall apply to the fishery for Atlanto-Scandian herring conducted under the control of the Faeroe Islands. It has the objective of ensuring long-term sustainability of the stock of Atlanto-Scandian herring.

Article 3 Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a)

‘Atlanto-Scandian herring stock’ means the stock of herring (Clupea harengus) in ICES (International Council for the Exploration of the Sea) subareas I, II, V, XII and XIV(1).

(b)

‘Atlanto-Scandian herring’ means fish from the Atlanto-Scandian herring stock.

(c)

Mackerel is fish from the species Scomber scombrus that has been caught in the areas occupied by Atlanto-Scandian herring.

(d)

‘Caught under the control of the Faeroe Islands’ means caught by vessels flying the flag of the Faeroe Islands, or by vessels flying the flag of another State which have been authorised to fish in the Faeroe Islands’ exclusive economic zone or have been chartered by a Faeroese firm or by Faeroese authorities.

Article 4 Identification

The Faeroe Islands shall be identified as a country allowing non-sustainable fishing of the Atlanto-Scandian herring stock.

Article 5 Measures

1. It shall be prohibited to introduce into the territory of the Union, including for transhipment purposes at ports, fish or fishery products set out in Annex which consist of, are made of, or contain Atlanto-Scandian herring or mackerel caught under the control of the Faeroe Islands.

2. The use of Union ports by vessels flying the flag of the Faeroe Islands that fish for Atlanto-Scandian herring or mackerel and by vessels transporting the fish or the fishery products stemming from Atlanto-Scandian herring or mackerel that have been caught either by vessels flying the flag of that country or by vessels authorised by it while flying another flag shall be prohibited. This prohibition shall not apply in cases of force majeure or distress within the meaning of Article 18 of the 1982 United Nations Convention on the Law of the Sea for services strictly necessary to remedy those situations.

Article 6 Implementation

1. The competent authorities of the Member States shall make use of the catch certification scheme laid down in Chapter III of Regulation (EC) No 1005/2008 to identify any product covered by the prohibition set out in Article 5(1) of this Regulation.

2. In order to facilitate the implementation of the prohibition set out in Article 5(2), Member States shall be provided with indicative lists of vessels that, according to reliable sources of data, have fished or are currently fishing for Atlanto-Scandian herring or mackerel under the control of the Faeroe Islands.

Article 7 Entry into force

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 August 2013.

For the Commission

The President

José Manuel Barroso