HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 316/34
EN
Official Journal of the European Union
14.11.2012
REGULATION (EU) No 1026/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 October 2012
on certain measures for the purpose of the conservation of fish stocks in relation to countries
allowing non-sustainable fishing
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
sustainable yield or, if these levels cannot be estimated,
EUROPEAN UNION,
when the stocks are not continuously maintained within
safe biological limits.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 43(2) and Article 207 thereof,
(4) It
is
necessary
to
define
the
conditions
upon
which
a
country can be considered to be a country allowing
Having regard to the proposal from the European Commission,
non-sustainable fishing and subject to measures under
this Regulation, including a process granting the
countries concerned the right to be heard and allowing
After transmission of the draft legislative act to the national
them an opportunity to adopt corrective action.
parliaments,
(5) In
addition,
it
is
necessary
to
define
the
type
of
measures
Having regard to the opinion of the European Economic and
that may be taken with regard to countries allowing non-
Social Committee ( 1 ),
sustainable fishing and to establish general conditions for
the adoption of such measures, so that they are based on
Acting in accordance with the ordinary legislative procedure ( 2 ),
objective criteria and are equitable, cost-effective and
compatible with international law, in particular with
the Agreement establishing the World Trade Organi
Whereas:
sation.
(1) As
provided
in
the
United
Nations
Convention
on
the
Law of the Sea of 10 December 1982 (‘UNCLOS’) and in
(6) Such
measures
should
aim
to
remove
the
incentives
for
countries allowing non-sustainable fishing to fish the
the United Nations Agreement for the Implementation of
stock of common interest. This can be achieved inter
the Provisions of the United Nations Convention on the
alia by restricting the importation of fish products
Law of the Sea of 10 December 1982 relating to the
caught by vessels conducting fisheries on a stock of
Conservation and Management of Straddling Fish Stocks
common interest under the control of the country
and Highly Migratory Fish Stocks of 4 August 1995
allowing non-sustainable fishing, by restricting the
(‘UNFSA’), the management of certain shared, straddling
access to ports for those vessels, or by preventing
and highly migratory fish stocks requires the cooperation
Union fishing vessels or Union fishing equipment from
of all the countries in whose waters the stock occurs (the
being used for fishing the stock of common interest
coastal States) and the countries whose fleets exploit that
under the control of the country allowing non-
stock (the fishing States). This cooperation may be estab
sustainable fishing.
lished in the framework of regional fisheries management

organisations (‘RFMOs’) or, where RFMOs have no
competence for the stock in question, by means of ad
(7) In
order
to
ensure
that
Union
action
for
the
conservation
hoc arrangements among the countries having an interest
of fish stocks is effective and coherent, it is important
in the fishery.
that the measures set out in Council Regulation (EC) No
1005/2008 of 29 September 2008 establishing a
(2)
Where a third country with an interest in a fishery
Community system to prevent, deter and eliminate
involving a stock of common interest to that country
illegal, unreported and unregulated fishing ( 3 ) are taken
and to the Union allows, without due regard to
into consideration.
existing fishing patterns or the rights, duties and
interests of other countries and the Union, fisheries
(8) In
order
to
guarantee
that
measures
adopted
against
a
activities that jeopardise the sustainability of that stock,
country under this Regulation are environmentally
and fails to cooperate with other countries and the
sound, effective, proportionate and compatible with
Union in its management, specific measures should be
international rules, it is necessary for their adoption to
adopted in order to encourage that country to contribute
be preceded by an evaluation of their expected environ
to the conservation of that stock.
mental, trade, economic and social effects.
(3)
Fish stocks should be considered to be in an unsus
tainable state when they are not continuously maintained
(9) If
measures
adopted
against
a
country
under
this
Regu
at or above the levels that can produce maximum
lation are ineffective and that country continues to be
considered to be a country allowing non-sustainable
fishing, further measures may be adopted in accordance
( 1 ) OJ C 229, 31.7.2012, p. 112.
with this Regulation.
( 2 ) Position of the European Parliament of 12 September 2012 (not yet
published in the Official Journal) and decision of the Council of
25 September 2012.
( 3 ) OJ L 286, 29.10.2008, p. 1.

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14.11.2012 Official
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(10) The
measures
adopted
against
a
country
under
this
Regu
(c) ‘regional fisheries management organisation’ or ‘RFMO’
lation should cease to apply when the country allowing
means a sub-regional, regional or a similar organisation
non-sustainable fishing has adopted the measures
with competence under international law to establish
necessary for its contribution to the conservation of
conservation and management measures for living marine
the stock of common interest.
resources placed under its responsibility by virtue of the
convention or agreement by which it was established;
(11) In
order
to
ensure
uniform
conditions
for
the
implemen
tation of this Regulation, implementing powers should be
(d) ‘importation’ means the introduction of fish or fishery
conferred on the Commission with regard to identifying
products into the territory of the Union, including for trans
a country allowing non-sustainable fishing, to adopting
hipment purposes at ports in its territory;
measures in respect of such country and to deciding that
such measures should cease to apply. Those powers
should be exercised in accordance with Regulation (EU)
(e) ‘transhipment’ means the unloading of all or any fish or
No 182/2011 of the European Parliament and of the
fishery products on board a fishing vessel to another
Council of 16 February 2011 laying down the rules
fishing vessel;
and general principles concerning mechanisms for
control by Member States of the Commission’s exercise
of implementing powers ( 1 ).
(f) ‘unsustainable state’ means the condition where the stock is
not continuously maintained at or above the levels that can
(12) The
Commission
should
adopt
immediately
applicable
produce maximum sustainable yield or, if these levels
implementing acts where, in duly justified cases relating
cannot be estimated, where the stock is not continuously
to the end of application of measures taken pursuant to
maintained within safe biological limits; the stock levels
this Regulation, imperative grounds of urgency so
determining whether the stock is in an unsustainable state
require,
are to be determined on the basis of best available scientific
advice;
HAVE ADOPTED THIS REGULATION:
(g) ‘safe biological limits’ means the boundaries of the size of a
Article 1
stock within which the stock can replenish itself with high
probability while allowing high yield fisheries on it;
Subject matter and scope
1. This Regulation lays down a framework for the adoption
of certain measures regarding the fisheries-related activities and
(h) ‘country’ means a third country, including territories
policies of third countries in order to ensure the long-term
enjoying self-governing status and endowed with
conservation of stocks of common interest to the Union and
competencies in the area of conservation and management
those third countries.
of living marine resources.
2. The
measures
adopted
pursuant
to
this
Regulation
may
Article 3
apply in all cases where cooperation between third countries
and the Union is required for the joint management of the
Countries allowing non-sustainable fishing
stocks of common interest, including where that cooperation
A country may be identified as a country allowing non-
takes place in the context of an RFMO or a similar body.
sustainable fishing where:
Article 2
(a) it fails to cooperate in the management of a stock of
Definitions
common interest in full compliance with the provisions of
the UNCLOS and the UNFSA, or any other international
For the purposes of this Regulation the following definitions
agreement or norm of international law; and
shall apply:
(a) ‘stock of common interest’ means a fish stock the
(b) either:
geographical distribution of which makes it available to
both the Union and third countries and the management
of which requires the cooperation between such countries
(i) it fails to adopt necessary fishery management measures;
and the Union, in either bilateral or multilateral settings;
or
(b) ‘associated species’ means any fish that belongs to the same
(ii) it adopts fishery management measures without due
ecosystem as the stock of common interest and that preys
regard to the rights, interests and duties of other
upon that stock, is preyed on by it, competes with it for
countries and the Union, and those fishery management
food and living space or co-occurs with it in the same
measures, when considered in conjunction with
fishing area, and that is exploited or accidentally taken in
measures taken by other countries and the Union, lead
the same fishery or fisheries;
to fishing activities which could result in the stock being
in an unsustainable state. This condition is considered to
( 1 ) OJ L 55, 28.2.2011, p. 13.
be complied with also where the fishery management

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L 316/36
EN
Official Journal of the European Union
14.11.2012
measures adopted by that country did not lead to the
(j) prohibiting the conclusion of private trade arrangements
stock being in an unsustainable state solely due to
between Union economic operators and that country that
measures adopted by others.
enable a fishing vessel flying the flag of a Member State to
use fishing opportunities of that country;
Article 4
(k) prohibiting joint fishing operations involving fishing vessels
Measures in respect of countries allowing non-sustainable
flying the flag of a Member State and fishing vessels flying
fishing
the flag of that country.
1. The
Commission
may
adopt,
by
means
of
implementing
acts, the following measures in respect of a country allowing
2. Those
implementing
acts
shall
be
adopted
in
accordance
non-sustainable fishing:
with the examination procedure referred to in Article 8(2).
(a) identifying that country as a country allowing non-
Article 5
sustainable fishing;
General requirements concerning the measures adopted
pursuant to this Regulation
(b) identifying, where necessary, the specific vessels or fleets of
that country to which certain measures are to apply;
1. The
measures
referred
to
in
Article
4
shall
be:
(a) related to the conservation of the stock of common interest;
(c) imposing quantitative restrictions on importations of fish
from the stock of common interest that have been caught
under the control of that country and on importations of
(b) made effective in conjunction with restrictions on fishing by
fishery products made of or containing such fish;
Union vessels, or on production or consumption within the
Union, applicable to fish and fishery products made of or
containing such fish of the species for which the measures
(d) imposing quantitative restrictions on importations of fish of
have been adopted;
any associated species, and fishery products made of or
containing such fish, when caught while conducting
fisheries on the stock of common interest under the
(c) proportionate to the objectives pursued and compatible
control of that country; when adopting the measure, the
with the obligations imposed by international agreements
Commission shall, in accordance with Article 5(4) of this
to which the Union is a party and any other relevant
Regulation, in application of the principle of propor
norms of international law.
tionality, determine which species and their catches fall
within the scope of the measure;
2. The
measures
referred
to
in
Article
4
shall
take
into
account measures already taken pursuant to Regulation (EC)
(e) imposing restrictions on the use of Union ports by vessels
No 1005/2008.
flying the flag of that country that fish the stock of
common interest and/or associated species and by vessels
3. The
measures
referred
to
in
Article
4
shall
not
be
applied
transporting fish and fishery products stemming from the
in a manner which would constitute a means of arbitrary or
stock of common interest and/or associated species that
unjustifiable discrimination between countries where the same
have been caught either by vessels flying the flag of that
conditions prevail or a disguised restriction on international
country or by vessels authorised by it while flying another
trade.
flag; such restrictions shall not apply in cases of force majeure
or distress within the meaning of Article 18 of the UNCLOS
for services strictly necessary to remedy those situations;
4. When
adopting
the
measures
referred
to
in
Article
4,
the
Commission shall, in order to ensure that those measures are
environmentally sound, effective, proportionate and compatible
(f) prohibiting the purchase by Union economic operators of a
with international rules, evaluate the environmental, trade,
fishing vessel flying the flag of that country;
economic and social effects of those measures in the short
and long terms and the administrative burden associated with
their implementation.
(g) prohibiting the reflagging of fishing vessels flying the flag of
a Member State to the flag of that country;
5. The
measures
referred
to
in
Article
4
shall
provide
for
an
appropriate system for their enforcement by competent auth
(h) prohibiting Member States from authorising the conclusion
orities.
of chartering agreements whereby Union economic
operators charter their vessels to economic operators of
that country;
Article 6
Procedures prior to the adoption of measures in respect to
countries allowing non-sustainable fishing
(i) prohibiting the exportation to that country of fishing vessels
flying the flag of a Member State or of fishing equipment
1. Where the Commission considers that it is necessary to
and supplies needed to fish on the stock of common
adopt measures referred to in Article 4, it shall notify the
interest;
country concerned of the intention to identify it as a country

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14.11.2012 Official
Journal
of
the
European
Union L
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allowing non-sustainable fishing. In such cases, the European
shall be adopted in accordance with the examination procedure
Parliament and the Council shall be immediately informed.
referred to in Article 8(2).
2. That
notification
shall
include
information
on
the
reasons
for the identification of that country as a country allowing non-
On duly justified imperative grounds of urgency relating to
sustainable fishing and shall describe the possible measures that
unforeseen economic or social disruption, the Commission
may be taken in relation to it pursuant to this Regulation.
shall adopt immediately applicable implementing acts in
accordance with the procedure referred to in Article 8(3) to
decide that the measures adopted pursuant to Article 4 are to
3. Prior to adopting measures referred to in Article 4, the
cease to apply.
Commission shall provide the country concerned with a
reasonable opportunity to respond to the notification in
writing and to remedy the situation within one month of
Article 8
receiving that notification.
Committee procedure
Article 7
1. The
Commission
shall
be
assisted
by
a
committee.
That
committee shall be a committee within the meaning of Regu
Period of application of the measures in respect to
lation (EU) No 182/2011.
countries allowing non-sustainable fishing
1. The measures referred to in Article 4 shall cease to apply
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
when the country allowing non-sustainable fishing adopts
Regulation (EU) No 182/2011 shall apply.
appropriate corrective measures necessary for the conservation
and management of the stock of common interest and those
corrective measures:
3. Where
reference
is
made
to
this
paragraph,
Article
8
of
Regulation (EU) No 182/2011, in conjunction with Article 5
thereof, shall apply.
(a) have either been adopted autonomously or have been
agreed in the context of consultations with the Union
and, where applicable, other countries concerned; and
4. The
results
of
the
evaluation
referred
to
in
Article
5(4),
shall be made available to the European Parliament and the
(b) do not undermine the effect of measures taken by the
Council, in accordance with the procedure provided for in
Union either autonomously, or in cooperation with other
Article 10(4) of Regulation (EU) No 182/2011, together with
countries, for the purpose of the conservation of the fish
the documents referred to therein.
stocks concerned.
Article 9
2. The
Commission
shall
adopt
implementing
acts
deter
Entry into force
mining whether the conditions laid down in paragraph 1
have been complied with and, where necessary, providing that
This Regulation shall enter into force on the third day following
the measures adopted in respect of the country concerned
that of its publication in the Official Journal of the European
pursuant to Article 4 cease to apply. Those implementing acts
Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 25 October 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
A. D. MAVROYIANNIS

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