- Latest available (Revised)
- Original (As adopted by EU)
Council Regulation (EC) No 1005/2008Show full title
Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Revised version PDFs
- Revised 09/03/20110.97 MB
- Revised 01/01/20100.97 MB
- Revised 29/07/20080.44 MB
This is a Regulation originating from the EU
This is a legislation item that originated from the EU
After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.
The web archive version is the official version of this legislation item as it stood on exit day before being published to legislation.gov.uk and any subsequent UK changes and effects applied. The web archive also captured associated case law and other language formats from EUR-Lex.
Changes over time for: Article 18
Changes to legislation:
There are currently no known outstanding effects for the Council Regulation (EC) No 1005/2008, Article 18.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Article 18U.K.Refusal of importation
1.The competent authorities of [F1a fisheries administration must], where appropriate, refuse the importation into the [F2United Kingdom] of fishery products without having to request any additional evidence or send a request for assistance to the flag [F3state] where they become aware that:
(a)the importer has not been able to submit a catch certificate for the products concerned or to fulfil his obligations under Article 16(1) or (2);
(b)the products intended for importation are not the same as those mentioned in the catch certificate;
(c)the catch certificate is not validated by the public authority of the flag [F3state] referred to in Article 12(3);
(d)the catch certificate does not indicate all the required information;
(e)the importer is not in a position to prove that the fishery products comply with the conditions of Article 14(1) or (2);
(f)a fishing vessel figuring on the catch certificate as vessel of origin of the catches is included in the [F4United Kingdom] IUU vessel list or in the IUU vessel lists [F5adopted by regional fisheries management organisations];
(g)the catch certificate has been validated by the authorities of a flag [F3state] identified as a non-cooperating [F3state] in accordance with Article 31.
2.The competent authorities of [F6a fisheries administration must], where appropriate, refuse the importation of any fishery products into the [F7United Kingdom], following a request for assistance pursuant to Article 17(6), where:
(a)they have received a reply according to which the exporter was not entitled to request the validation of a catch certificate; or
(b)they have received a reply according to which the products do not comply with the conservation and management measures, or other conditions under this Chapter are not met; or
(c)they have not received a reply within the stipulated deadline; or
(d)they have received a reply which does not provide pertinent answers to the questions raised in the request.
3.In the event that the importation of fishery products is refused pursuant to paragraphs 1 or 2, [F8a fisheries administration] may confiscate and destroy, dispose of or sell such fishery products in accordance with national law. The profits from the sale may be used for charitable purposes.
4.Any person shall have the right to appeal against decisions taken by the competent authorities pursuant to paragraphs 1, 2 or 3 which concern him. F9...
[F105.A fisheries administration must notify the flag state and, where appropriate, the third country other than the flag state as referred to in Article 14, of refusals of importation.]
Textual Amendments
F1Words in Art. 18(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(19)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 18(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(19)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in Art. 18(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(19)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 18(1)(f) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(19)(a)(iv)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 18(1)(f) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(19)(a)(iv)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 18(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(19)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 18(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(19)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 18(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(19)(c); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 18(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(19)(d); 2020 c. 1, Sch. 5 para. 1(1)
F10Art. 18(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(19)(e); 2020 c. 1, Sch. 5 para. 1(1)
Options/Help
Print Options
PrintThe Whole Regulation
PrintThe Whole Chapter
PrintThis Article only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as adopted version that was used for the EU Official Journal
- lists of changes made by and/or affecting this legislation item
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.
The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.
For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as adopted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.