IUU New developments 29 September 2009 to 28 July Sept 2008 The Council Regulation (EC) No 1005/2008 was adopted by the Council.

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1 IUU New developments 29 September 2009 to 28 July 2010 Current position and timeline 29 Sept 2008 The Council Regulation (EC) No 1005/2008 was adopted by the Council. July 2009 Publication of Defra information note on the implementation of the Regulation with accompanying online material and Q&A. New web links are: August 2009 Seafish guidance note (August 2009) highlights the main provisions of the new IUU regulation and its implementation in the UK, drawing on the Defra guidance note. 28 August 2009 International FAO agreement on Port State control standards 3 October 2009 Norway and the EU signed an agreement to recommend to their respective authorities specific administrative arrangements concerning catch certification and administrative co-operation in the fight against IUU fishing. 5 October 2009 Seafish Importers meeting. Richard Parsons from Defra gave a presentation on some of the key aspects of the regulation. Key Defra priorities are: Developing operational systems Issuing guidance and training for Port Health offices and the MFA Drafting and establishing UK legislation Setting level of charges (Port Health Auth checks) Working with importers on dummy running Liaison with Commission and other Member Stats (including Commission s IUU training) 15/16 Oct th International Forum on IUU fishing, Chatham House. Short summary of the presentations follows full presentations can be downloaded from the Chatham House website.

2 IUU New developments as at 12 March Article Caught with the catch appeared in The World Today October This highlights concerns among developing countries and major processors about their ability to comply with the regulations in time. Those involved in small-scale fishing are likely to face particular challenges because of their large numbers, geographical range and informal operations. There are likely to be some special provisions, such as a simplified catch certificate for small-scale fisheries but it is still unclear what help will be available October 2009 EU published Council Regulation 1010/2009 which contains detailed rules for the implementation of Council Regulation 1005/2008 establishing a Community system to prevent, deter and eliminate IUU fishing. This covers: Landings, transhipments and inspections of third country fishing vessels; Catch certificate for small scale fisheries; Regional Fisheries management Organisation (RFMO) catch certificate schemes; Deadline for submission of catch certificates (for products imported by air, road and rail); Approved Economic Operators; Verifications of catch certificates; Administrative cooperation with third countries; Sightings; Mutual Assistance and Excluded products October 2009 Alongside the implementing guidelines the EU Commission publish a guidance handbook giving practical information on the operation of the new rules for importers, exporters, processors, vessel operators and authorities in third countries and EU Member States. n.pdf W/c 23 Nov 2009 UK seminars at Billingsgate, Grimsby and Aberdeen organised by Seafish and Defra on the implementation of the new rules. Over 170 people attended the seminars. Attendees were given an overview of the new IUU Regulation (1005/2008), which is due to come into force on 1 January Attendees also reviewed presentations about the implementation of this regulation in the UK; the responsibility of UK Fisheries Enforcement agencies in implementing the IUU Regulation; and on the role of the Port Health Authorities. All the presentations can be downloaded at:

3 IUU New developments as at 12 March Nov 2009 FAO's governing Conference approved the international FAO agreement on Port State control standards. The new treaty aims to close fishing ports to ships involved in IUU fishing. Once it enters into force, it will be the first ever legally binding international treaty focused specifically on this problem and the only one to enlist so-called "non-flag states" in the fight against IUU fishing, alongside flag states that are primarily responsible for the conduct of vessels flying their flags on the high seas. The Agreement is set to enter into force once 25 countries have ratified it. The first eleven FAO members - Angola, Brazil, Chile, the European Community, Indonesia, Iceland, Norway, Samoa, Sierra Leone, the United States and Uruguay signed the treaty immediately following its approval by the Conference. ftp://ftp.fao.org/docrep/fao/meeting/018/k6339e.pdf Nov 2009 The European Commission has signed administrative cooperation agreements with New Zealand, the United States, Canada, Norway and Iceland. The agreements recognise that the control systems in place in these countries equals the level of control laid down in the European Regulation. See: End Dec A number of guidance documents and templates published. Defra Information Note 2 - covers the implementation of the IUU Regulation in the UK. Defra has included a template for a pro-forma letter within its Information Note 2 (Annex III). This could be signed by the exporting company, confirming that the fish was caught before 1 January European Community catch certificate and re-export certificate Guidance note for completing a UK catch certificate UK catch certificate - these will have to be issued by the IUU Catch Certificate Centre for all freight exports that will, or could be, re-imported into the EU. Norway, Iceland and

4 IUU New developments as at 12 March Thailand have also notified that they will require certificates on imports from EU countries, although Norway has yet to implement this requirement. Multiple Certificate summary document See also Scottish Government website Fisheries/COMPLIANCE/IUUfishing HM Revenue and Customs Guidance note - fishing regulation customs formalities CE_PROD1_ End Dec Charges for checking catch certificates - APHA has agreed a scale of charges based on a cost-recovery basis. The charges will be reviewed after three months per consignment for imports from EEA/EFTA countries - 15 per CVED for imports from those countries that have signed a bilaterel agreement (this reflects the lower risk status of those imports and the corresponding level of checks that will be required) per CVED for all other imports. 1 Jan 2010 Entry into force of IUU Regulation No 1005/ Jan 2010 Seafish IUU Guidance Note Guide for Importers or 25 Jan 2010 Statutory Instrument 3391 to implement the IUU Regulation came into effect on 25 January 2010 in England and Wales. Scotland and Northern Ireland will follow. See 30 Jan 2010 New Commission Regulation 86/2010 published in the Official Journal. This updates IUU Regulations 1005/2008 and 1010/2009. The amendment includes an updated list of seafood products that are not covered by the IUU regulations and contains documentation relating to the

5 IUU New developments as at 12 March bilateral agreements between the Commission and Norway, the United States and New Zealand. 4 Feb 2010 General news Imports have continued unimpeded. In the first few weeks the majority of imports are of fish caught before 1 January 2010 and statements are being provided by processing plants to confirm this. However the first catch certificate for fresh fish was received at Heathrow on 2 January and imports of 2010 fish are now arriving. There has been a good level of compliance and a strong awareness amongst importers of the requirements of the new Regulation. The guidelines are being followed. Port Health has been working with exporters to ensure the catch certificates are filled in correctly. The predicted 'paper tsunami' has not happened - many catch certificates have been accompanied by a schedule of landings to reduce paperwork. Port Health Authority charges are being reviewed and a fourstep tiered cost-recovery approach may be adopted. The position of importers who may inadvertantly accept fraudulent certificates was raised and it was agreed a protocol for due diligence should be developed. 12 Feb 2010 A full list of notified Member States authorities can be found on the EU website. Italy has notified for two of the three categories, but the missing one is that relating to checking IUU certificates for imports. pdf ies_en.pdf 1 Mar 2010 The Commission has stated at the top of its 1 March list that for countries that notified before 1 January 2010, the effective date of their notification is 1 January For countries having 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 import to the EC, when accompanied by a valid catch certificate.

6 IUU New developments as at 12 March Bilateral agreements have been reached with the Faroe Islands, New Zealand, the United States, Canada, Norway and Iceland. 10 Mar 2010 Update on the Defra IUU page with a link to the Multiple Vessel Schedule. It allows catches from different vessels to be batched together for export outside the EU without having to complete a catch certificates for each vessel that contributed to the consignment Mar 2010 As at 17 March third countries had notified the Commission of their Competent Authorities. The latest country to notify of their Competent Authorities to the European Commission is Belize (17 March). 13 Apr 2010 As at 13 April third countries had notified the Commission of their Competent Authorities. The latest notifications are: Algeria (31 Mar), Myanmar (31 Mar) and Bahamas (13 Apr). 7 May 2010 Commission Regulation 395/2010 amends 1010/2009 re administrative arrangements on catch certificates :0024:EN:PDF 28 May 2010 Commission Regulation 468/2010 establishes the EU list of vessels engaged in IUU :0026:EN:PDF 4 June 2010 As at 4 June third countries had notified the Commission of their Competent Authorities. Latest notification is Jamaica (11 May). Russia notification date has been amended from 19 February 2010 to 13 February July 2010 July 2010 Letter from DG MARE letter about what weight and product codes should be entered on the catch certificate. Addendum to the EU IUU handbook published. _addendum_en.pdf

7 IUU New developments as at 12 March July 2010 Defra publishes new guidance note on what informaiton UK Enforcement Authorities will expect to see on catch certificates in respect of weights and product codes from 15 August es/iuu-guide-weightcodes.pdf 15 August 2010 Consignments with catch certificates showing weights that do not match actual consignments will not be allowed into the EU. For further information see the Seafish IUU web page at: or 28 July 2010