Submission of applications by Member States
A Member State (‘the applicant Member State’) may submit an application to the Commission to include a port located in its territory or the territory of a third country in the list of ports approved by the Commission in accordance with Article 14(6) of the Control Regulation.
The submitted application shall include at least the following information:
(a)
the name and location of the port proposed to be listed;
(b)
the contact details of the Member State’s competent authority responsible for the application;
(c)
the contact details of the third country’s authority responsible for fisheries control, where applicable; and
(d)
specific, reliable, and verifiable evidence demonstrating the fulfilment of all the conditions set out in Chapter II for each port proposed to be listed.
The applicant Member State may include any other information that it considers relevant.
Assessment by the Commission
1. By 1 November of each year, the Commission shall assess any application submitted in accordance with Article 6 and received no later than 1 September of the same year to determine whether the conditions set out in Chapter II have been fulfilled.
2. If, during the assessment referred to in paragraph 1, the Commission considers that the information requested under Article 6 is missing, it shall request the applicant Member State to complete its application within a reasonable time and in any case no later than 60 days from the time of the request. If the applicant Member State does not complete the application before this deadline, the Commission shall reject the application and inform the applicant Member State accordingly. A new application may be submitted under the terms and conditions laid down in this Article.
3. If the Commission finds that the conditions set out in Chapter II have been fulfilled, it shall inform the applicant Member State without delay and proceed with the listing of the port in accordance with Article 14(6) of the Control Regulation.
4. If the Commission finds that the conditions set out in Chapter II have not been fulfilled, in full or in part, or that the evidence submitted is insufficient for an assessment of the fulfilment of those conditions, it shall reject the application and inform the applicant Member State accordingly, explaining the reasons for such rejection.
5. The Commission may request third countries or flag Member States concerned by an application submitted under Article 6 to provide additional information or clarification, as appropriate. This information or clarification may be taken into consideration by the Commission for the assessment provided for in this Article.
Revocation of the approval by the Commission of a listed port
1. The Commission shall revoke its approval and amend the list of ports adopted in accordance with Article 14(6) of the Control Regulation if:
(a)
it has evidence that a listed port no longer meets the conditions referred to in Chapter II; or
(b)
it considers that the information submitted in accordance with Article 14 of this Regulation is insufficient for an assessment of the fulfilment of the conditions set out in Chapter II.
2. The Commission shall notify its intention to revoke its approval of a listed port to the applicant Member State and the flag Member States of fishing vessels using that port, which will have 30 days to provide the Commission with the information and evidence that the conditions set out in Chapter II are met. After that period, the Commission shall proceed with the revocation of the approval and inform the Member States concerned at least one month before the revocation if:
(a)
there is insufficient evidence that these conditions are met;
(b)
the information submitted is insufficient for an assessment of the fulfilment of the conditions set out in Chapter II; or
(c)
no information has been provided by the applicant Member State or the relevant flag Member State of fishing vessels using the listed port.
3. The Commission may also revoke its approval and amend the list of ports adopted in accordance with Article 14(6) of the Control Regulation upon reasoned request from the applicant Member State.
