27.3.2014 Official Journal of the European Union L 91/43 COUNCIL IMPLEMENTING DECISION of 24 March 2014 establishing a list of non-cooperating third countries in fighting IUU fishing pursuant to Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (2014/170/EU) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, Having regard to 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 (), and in particular Article 33(1) thereof, Having regard to the proposal from the European Commission, Whereas: 1. INTRODUCTION (1)  Regulation (EC) No 1005/2008 (the TUU Regulation) establishes a Union system to prevent, deter and eliminate illegal, unreported and unregulated (IUV) fishing. (2)  Chapter VI of the IUU Regulation lays down the procedure with respect to the identification of non- cooperating third countries, démarches in respect of countries identified as non-cooperating third countries, the establishment of a list of non-cooperating countries, removal from the list of non-cooperating countries, publicity of the list of non-cooperating countries and any emergency measures. (3)  In accordance with Article 32 of the IUU Regulation, the Commission notified by a Decision of 15 November 2012 (%) (Decision of 15 November 2012’) eight third countries of the possibility of their being identified as third countries that the Commission considers as non- cooperating third countries. (4)  In the Decision of 15 November 2012, the Commission included the information concerning the essential facts and considerations underlying such identification. (5 Also on 15 November 2012, the Commission notified the eight third countries by separate letters of the fact () OJ L 286, 29.10.2008, p. 1. (%) Commission Decision of 15 November 2012 on notifying the third countries that the Commission considers as possible of being identified as non-cooperating third countries pursuant to Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (O] C 354, 17.11.2012, p. 1). that it was considering the possibility of identifying them as non-cooperating third countries. (6) The Commission highlighted, in thoese letters, that in order to avoid being identified and proposed for formal listing as a non-cooperating third country as provided for in Articles 31 and 33 of the IUU Regulation, the third countries concerned were invited to establish, in close cooperation with the Commission, an action plan to rectify the shortcomings identified in the Decision of 15 November 2012. (7)  As a consequence, the Commission invited the eight third countries concerned: (i) to take all necessary measures to implement the actions contained in the action plans suggested by the Commission; (i) to assess the imple- mentation of the actions contained in the action plans suggested by the Commission; and (iii) to send every six months detailed reports to the Commission assessing the implementation of each action as regards, inter alia, their individual and/or overall effectiveness in ensuring a fully compliant fisheries control system. (8)  The eight third countries concerned were given the opportunity to respond in writing on issues explicitly indicated in the Decision of 15 November 2012 as well as on other relevant information, allowing them to submit evidence in order to refute or complete the facts invoked in the Decision of 15 November 2012 or to adopt, as appropriate, a plan of action to improve and measures taken to rectify the situation. The eight countries were assured of their right to ask for, or to provide, additional information. (99  On 15 November 2012, the Commission opened a process of dialogue with the eight third countries and highlighted that it considered a period of six months as being in principle sufficient for reaching an agreement on the matter in question. (100 The Commission continued to seek and verify all information it deemed necessary. The oral and written comments submitted by the eight countries following the Decision of 15 November 2012 were considered and taken into account. The eight countries were kept informed, either orally or in writing, of the Commission’s deliberations. (11) By an Implementing Decision of 26 November 2013 (?) (Implementing Decision of 26 November 2013’), the (}) Commission Implementing Decision of 26 November 2013 iden- tifying the third countries that the Commission considers as non- cooperating third countries pursuant to Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (O] C 346, 27.11.2013, p. 2).