# Official Journal L 24/2021

| | ISSN 1977-0677 |
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| Official Journal
  of the European Union | L 24 |
| | |
| English edition | Legislation | Volume 6426 January 2021 |

ISSN 1977-0677

Official Journal

of the European Union

L 24

English edition

Legislation

Volume 6426 January 2021

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| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU) 2021/56 of the European Parliament and of the Council of 20 January 2021 laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area and amending Council Regulation (EC) No 520/2007 | 1 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU) 2021/56 of the European Parliament and of the Council of 20 January 2021 laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area and amending Council Regulation (EC) No 520/2007

1

| | | II   Non-legislative acts |
| --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) 2021/57 of 25 January 2021 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards lead in gunshot in or around wetlands (
  1
  ) | 19 |

II   Non-legislative acts

REGULATIONS

*

Commission Regulation (EU) 2021/57 of 25 January 2021 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards lead in gunshot in or around wetlands (
  1
  )

1

19

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| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
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EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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I Legislative acts

REGULATIONS

| 26.1.2021 | EN | Official Journal of the European Union | L 24/1 |
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26.1.2021

EN

Official Journal of the European Union

L 24/1

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REGULATION (EU) 2021/56 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 January 2021

laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area and amending Council Regulation (EC) No 520/2007

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | The objective of the Common Fisheries Policy, as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council (3), is to ensure an exploitation of marine biological resources that provides sustainable economic, environmental and social conditions. |
| --- | --- |

(1)

The objective of the Common Fisheries Policy, as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council (3), is to ensure an exploitation of marine biological resources that provides sustainable economic, environmental and social conditions.

| (2) | By means of Council Decision 98/392/EC (4), the Union approved the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement for the Implementation of that Convention relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (5), which contain principles and rules with regard to the conservation and management of the living resources of the sea. In the framework of its wider international obligations, the Union participates in efforts made in international waters to conserve fish stocks. |
| --- | --- |

(2)

By means of Council Decision 98/392/EC (4), the Union approved the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement for the Implementation of that Convention relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (5), which contain principles and rules with regard to the conservation and management of the living resources of the sea. In the framework of its wider international obligations, the Union participates in efforts made in international waters to conserve fish stocks.

| (3) | By means of Council Decision 2006/539/EC (6), the Union approved the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (‘the Convention’). |
| --- | --- |

(3)

By means of Council Decision 2006/539/EC (6), the Union approved the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (‘the Convention’).

| (4) | The Inter-American Tropical Tuna Commission (IATTC) has the authority to adopt decisions (‘Resolutions’) to ensure the long-term conservation and sustainable use of the fishery resources in the Convention area. Resolutions are binding for the Contracting Parties. Resolutions are essentially addressed to the Contracting Parties to the Convention, but also contain obligations for private operators (e.g. masters of vessels). Resolutions enter into force 45 days following their adoption and, in respect of the Union, they must be implemented into Union law as soon as possible. |
| --- | --- |

(4)

The Inter-American Tropical Tuna Commission (IATTC) has the authority to adopt decisions (‘Resolutions’) to ensure the long-term conservation and sustainable use of the fishery resources in the Convention area. Resolutions are binding for the Contracting Parties. Resolutions are essentially addressed to the Contracting Parties to the Convention, but also contain obligations for private operators (e.g. masters of vessels). Resolutions enter into force 45 days following their adoption and, in respect of the Union, they must be implemented into Union law as soon as possible.

| (5) | By means of Council Decision 2005/938/EC (7), the Union approved the Agreement on the International Dolphin Conservation Programme (‘the Agreement’), which established the International Dolphin Conservation Programme (IDCP). |
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(5)

By means of Council Decision 2005/938/EC (7), the Union approved the Agreement on the International Dolphin Conservation Programme (‘the Agreement’), which established the International Dolphin Conservation Programme (IDCP).

| (6) | Under Article XIV of the Agreement, the IATTC is to have an integral role in coordinating the implementation of the Agreement and in implementing the measures that will be adopted within the framework of the IATTC. |
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(6)

Under Article XIV of the Agreement, the IATTC is to have an integral role in coordinating the implementation of the Agreement and in implementing the measures that will be adopted within the framework of the IATTC.

| (7) | Within the IDCP, the Meeting of the Parties is responsible for the adoption of measures designed to progressively reduce incidental dolphin mortality in the tuna purse seine fishery in the Agreement Area to levels approaching zero, through the setting of annual limits. Such measures become binding upon the Union. |
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(7)

Within the IDCP, the Meeting of the Parties is responsible for the adoption of measures designed to progressively reduce incidental dolphin mortality in the tuna purse seine fishery in the Agreement Area to levels approaching zero, through the setting of annual limits. Such measures become binding upon the Union.

| (8) | The most recent implementation of the Resolutions was carried out through Council Regulation (EC) No 520/2007 (8). |
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(8)

The most recent implementation of the Resolutions was carried out through Council Regulation (EC) No 520/2007 (8).

| (9) | Taking into consideration that Resolutions are likely to be amended at the annual meetings of the IATTC, and in order to swiftly incorporate them into Union law, to reinforce the level playing field and further support the long-term sustainable management of the stocks, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the following aspects: the technical specifications for shark lines, closure periods, fish-aggregating devices (FADs) reporting timelines, provisions concerning design and deployment of FADs, data collection deadlines, areas and mitigation measures for the protection of seabirds, scientific observer coverage, information related to the Regional Vessel Register, reference to table for provision of data for the logbooks and unloading records, the bigeye tuna statistical document, several reporting deadlines and the turtle mortality guidelines. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (9). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
| --- | --- |

(9)

Taking into consideration that Resolutions are likely to be amended at the annual meetings of the IATTC, and in order to swiftly incorporate them into Union law, to reinforce the level playing field and further support the long-term sustainable management of the stocks, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the following aspects: the technical specifications for shark lines, closure periods, fish-aggregating devices (FADs) reporting timelines, provisions concerning design and deployment of FADs, data collection deadlines, areas and mitigation measures for the protection of seabirds, scientific observer coverage, information related to the Regional Vessel Register, reference to table for provision of data for the logbooks and unloading records, the bigeye tuna statistical document, several reporting deadlines and the turtle mortality guidelines. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (9). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

| (10) | The delegation of powers provided for in this Regulation should be without prejudice to the implementation of future Resolutions into Union law through the ordinary legislative procedure. |
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(10)

The delegation of powers provided for in this Regulation should be without prejudice to the implementation of future Resolutions into Union law through the ordinary legislative procedure.

| (11) | Since this Regulation implements all IATTC measures, Article 3(3), Article 4(3) and Title IV of Regulation (EC) No 520/2007 should be deleted, |
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(11)

Since this Regulation implements all IATTC measures, Article 3(3), Article 4(3) and Title IV of Regulation (EC) No 520/2007 should be deleted,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

General Provisions

Article 1

Subject matter

This Regulation lays down management, conservation and control measures relating to fishing in the area covered under the Convention and with respect to stocks of tunas and tuna-like species, other species of fish taken by vessels fishing for tunas and tuna-like species and species belonging to the same ecosystem that are affected by fishing for, or dependent on or associated with, the fish stocks covered by the Convention.

Article 2

Scope

1.   This Regulation applies to Union fishing vessels used or intended for use for the purposes of fishing in the area covered under the Convention.

2.   Unless otherwise stated in this Regulation, it applies without prejudice to the existing Regulations in the fisheries sector, in particular Regulation (EU) 2017/2403 of the European Parliament and of the Council (10) and Council Regulations (EC) No 1005/2008 (11), (EC) No 1224/2009 (12) and (EC) No 1185/2003 (13).

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

| (1) | ‘the Convention’ means the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica; |
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(1)

‘the Convention’ means the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica;

| (2) | ‘the Convention area’ means the geographical area to which the Convention applies as described in Article III of the Convention; |
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(2)

‘the Convention area’ means the geographical area to which the Convention applies as described in Article III of the Convention;

| (3) | ‘IATTC species’ means stocks of tunas and tuna-like species and other species of fish taken by vessels fishing for tunas and tuna-like species in the Convention area; |
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(3)

‘IATTC species’ means stocks of tunas and tuna-like species and other species of fish taken by vessels fishing for tunas and tuna-like species in the Convention area;

| (4) | ‘Union fishing vessel’ means any vessel flying the flag of a Member State, used or intended for use for the purposes of commercial exploitation of fishery resources, including support vessels, fish processing vessels, vessels engaged in transhipment and carrier vessels equipped for the transportation of fishery products, except container vessels; |
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(4)

‘Union fishing vessel’ means any vessel flying the flag of a Member State, used or intended for use for the purposes of commercial exploitation of fishery resources, including support vessels, fish processing vessels, vessels engaged in transhipment and carrier vessels equipped for the transportation of fishery products, except container vessels;

| (5) | ‘Contracting Party’ means the contracting parties to the Convention; |
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(5)

‘Contracting Party’ means the contracting parties to the Convention;

| (6) | ‘purse seine’ means any encircling net the bottom of which is drawn together by means of a purse line at the bottom of the net, which passes through a series of rings along the ground rope, enabling the net to be pursed and closed; |
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(6)

‘purse seine’ means any encircling net the bottom of which is drawn together by means of a purse line at the bottom of the net, which passes through a series of rings along the ground rope, enabling the net to be pursed and closed;

| (7) | ‘tropical tunas’ means bigeye tuna, yellowfin tuna and skipjack tuna; |
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(7)

‘tropical tunas’ means bigeye tuna, yellowfin tuna and skipjack tuna;

| (8) | ‘data buoys’ means floating devices, either drifting or anchored, that are deployed by governmental or recognised scientific organisations or entities for the purpose of electronically collecting environmental data, and not in support of fishing activities, and which have been notified to the IATTC Secretariat; |
| --- | --- |

(8)

‘data buoys’ means floating devices, either drifting or anchored, that are deployed by governmental or recognised scientific organisations or entities for the purpose of electronically collecting environmental data, and not in support of fishing activities, and which have been notified to the IATTC Secretariat;

| (9) | ‘fish-aggregating device’ or ‘FAD’ means anchored, drifting, floating or submerged objects deployed or tracked by vessels, including through the use of radio or satellite buoys, for the purpose of aggregating target tuna species for purse seine fishing operations; |
| --- | --- |

(9)

‘fish-aggregating device’ or ‘FAD’ means anchored, drifting, floating or submerged objects deployed or tracked by vessels, including through the use of radio or satellite buoys, for the purpose of aggregating target tuna species for purse seine fishing operations;

| (10) | ‘interaction’ with data buoys includes, but is not limited to, encircling the buoy with fishing gear, tying up or attaching the vessel, fishing gear, or any part or portion of the vessel, to a data buoy, or cutting its anchor line; |
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(10)

‘interaction’ with data buoys includes, but is not limited to, encircling the buoy with fishing gear, tying up or attaching the vessel, fishing gear, or any part or portion of the vessel, to a data buoy, or cutting its anchor line;

| (11) | ‘operator’ means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products; |
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(11)

‘operator’ means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products;

| (12) | ‘SAC’ means the Scientific Advisory Committee established under Article XI of the Convention; |
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(12)

‘SAC’ means the Scientific Advisory Committee established under Article XI of the Convention;

| (13) | ‘transhipment’ means the unloading of all or any fisheries products on board a vessel to another vessel; |
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(13)

‘transhipment’ means the unloading of all or any fisheries products on board a vessel to another vessel;

| (14) | ‘Regional Vessel Register’ means the vessel register of the IATTC; |
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(14)

‘Regional Vessel Register’ means the vessel register of the IATTC;

| (15) | ‘Resolution’ means the binding measures adopted by the IATTC under Article VII of the Convention; |
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(15)

‘Resolution’ means the binding measures adopted by the IATTC under Article VII of the Convention;

| (16) | ‘IATTC transhipment declaration form’ means the document contained in Annex 2 to Resolution C-12-07; |
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(16)

‘IATTC transhipment declaration form’ means the document contained in Annex 2 to Resolution C-12-07;

| (17) | ‘observer’ means a person who is authorised and certified by a Member State or Contracting Party to observe, monitor and collect information on board fishing vessels; |
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(17)

‘observer’ means a person who is authorised and certified by a Member State or Contracting Party to observe, monitor and collect information on board fishing vessels;

| (18) | ‘longline’ means a fishing gear which comprises a main line carrying numerous hooks on branch lines (snoods) of variable length and spacing depending on target species; |
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(18)

‘longline’ means a fishing gear which comprises a main line carrying numerous hooks on branch lines (snoods) of variable length and spacing depending on target species;

| (19) | ‘shark lines’ means individual lines attached to the float line or to the floats directly, and used to target sharks, as depicted in Figure 1 of Resolution C-16-05; |
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(19)

‘shark lines’ means individual lines attached to the float line or to the floats directly, and used to target sharks, as depicted in Figure 1 of Resolution C-16-05;

| (20) | ‘large circle hook’ means a hook with the point turned perpendicularly back to the shank to form a generally circular or oval shape, and the point of the hook not offset more than 10 degrees; |
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(20)

‘large circle hook’ means a hook with the point turned perpendicularly back to the shank to form a generally circular or oval shape, and the point of the hook not offset more than 10 degrees;

| (21) | ‘the Agreement’ means the Agreement on the International Dolphin Conservation Programme (AIDCP); |
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(21)

‘the Agreement’ means the Agreement on the International Dolphin Conservation Programme (AIDCP);

| (22) | ‘sealed wells’ means any space on board a vessel, intended for the freezing, maintenance or storage of fish, access to which has been blocked to prevent its use for those purposes; |
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(22)

‘sealed wells’ means any space on board a vessel, intended for the freezing, maintenance or storage of fish, access to which has been blocked to prevent its use for those purposes;

| (23) | ‘WCPFC’ means the Fisheries Commission for the Western and Central Pacific Ocean established under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (14); |
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(23)

‘WCPFC’ means the Fisheries Commission for the Western and Central Pacific Ocean established under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (14);

| (24) | ‘overlap area’ means the area of overlapping competence between the IATTC and WCPFC geographical areas. That area is the part of the Pacific Ocean bounded by the following lines: the 50°S parallel from its intersection with meridian 150°W until the intersection with meridian 130°W, and the 4°S parallel from its intersection with meridian 150°W until the intersection with meridian 130°W. |
| --- | --- |

(24)

‘overlap area’ means the area of overlapping competence between the IATTC and WCPFC geographical areas. That area is the part of the Pacific Ocean bounded by the following lines: the 50°S parallel from its intersection with meridian 150°W until the intersection with meridian 130°W, and the 4°S parallel from its intersection with meridian 150°W until the intersection with meridian 130°W.

CHAPTER II

CHAPTER II

Conservation and Management Measures

Conservation and Management Measures

Article 4

Closure periods for purse seine vessels for tropical tunas

1.   To implement the fishing closure for purse seine vessels, each Member State shall:

| (a) | inform the Commission by 15 June each year of which of the two closure periods from 29 July to 8 October, or from 9 November to 19 January, shall be applicable to their vessels. The Commission shall notify the IATTC Secretariat of the applicable period of closure by 15 July each year; |
| --- | --- |

(a)

inform the Commission by 15 June each year of which of the two closure periods from 29 July to 8 October, or from 9 November to 19 January, shall be applicable to their vessels. The Commission shall notify the IATTC Secretariat of the applicable period of closure by 15 July each year;

| (b) | inform all interested parties in its tuna industry of the closure; |
| --- | --- |

(b)

inform all interested parties in its tuna industry of the closure;

| (c) | inform the Commission by 15 June each year that these steps have been taken; |
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(c)

inform the Commission by 15 June each year that these steps have been taken;

| (d) | ensure that for the entire duration of the closure all purse seine vessels that fly its flag do not fish in the Convention area. |
| --- | --- |

(d)

ensure that for the entire duration of the closure all purse seine vessels that fly its flag do not fish in the Convention area.

2.   Where a Union fishing vessel is unable to proceed to sea outside the applicable closure period referred to in point (a) of paragraph 1, due to a force majeure event consisting of disabling the fishing vessel in the course of fishing operations by mechanical or structural failure, fire or explosion, during a period of at least 75 consecutive days, the Member State may send to the Commission an exemption request for the closure period, together with the evidence necessary to demonstrate that the vessel did not proceed to sea due to force
  majeure. The request shall be sent to the Commission at the latest two weeks after the cessation of the cause of the force
  majeure. The Commission shall assess and, where applicable, forward the request to the IATTC Secretariat for consideration by the IATTC at the latest one month after the cessation of the cause of the force
  majeure.

3.   Where the Commission notifies the Member State of the approval by the IATTC of the request referred to in paragraph 2:

| (a) | in the event that the vessel has not observed a closure period in the same year where the cause of the force
  majeure occurred, the vessel shall observe a reduced closure period of 40 consecutive days in one of the two closure periods of that year instead of the full closure set out in point (a) of paragraph 1 and the Commission shall immediately notify the IATTC Secretariat of the chosen period of closure; or |
| --- | --- |

(a)

in the event that the vessel has not observed a closure period in the same year where the cause of the force
  majeure occurred, the vessel shall observe a reduced closure period of 40 consecutive days in one of the two closure periods of that year instead of the full closure set out in point (a) of paragraph 1 and the Commission shall immediately notify the IATTC Secretariat of the chosen period of closure; or

| (b) | in the event that the vessel has already observed a closure period in the same year during which the cause of the force
  majeure occurred, it shall observe a reduced closure period of 40 consecutive days the following year in one of the two closure periods for that year, to be notified to the Commission no later than 15 July of that year. |
| --- | --- |

(b)

in the event that the vessel has already observed a closure period in the same year during which the cause of the force
  majeure occurred, it shall observe a reduced closure period of 40 consecutive days the following year in one of the two closure periods for that year, to be notified to the Commission no later than 15 July of that year.

4.   Any vessel that benefits from the exemption provided for in paragraph 3 shall carry an authorised observer on-board.

5.   In addition to the closure referred to in paragraph 1, the fishery for tropical tunas within the area of 96° and 110°W and between 4°N and 3°S shall be closed from 9 October to 8 November of each year.

Article 5

Prohibition of fishing on data buoys

1.   Masters of vessels shall ensure that their vessels do not interact with data buoys in the Convention area.

2.   It shall be prohibited to deploy fishing gear within one nautical mile of an anchored data buoy in the Convention area.

3.   It shall be prohibited to take on board a data buoy, unless a Member State, a Contracting Party or the owner responsible for that buoy specifically authorises or requests to do so.

4.   If fishing gear becomes entangled with a data buoy, the entangled fishing gear shall be removed with as little damage to the data buoy as possible.

5.   Scientific research programmes formally notified to the IATTC may operate Union fishing vessels within one nautical mile of a data buoy, provided that those vessels do not interact with the data buoy or deploy fishing gear, as set out in paragraphs 1 and 2.

Article 6

Fish-aggregating devices (FADs)

1.   FADs shall be activated exclusively on board Union purse seine vessels.

2.   A FAD shall be considered active when it is deployed at sea, starts transmitting its location and is being tracked by the vessel, its owner or its operator.

3.   Union fishing vessels shall report daily information on all active FADs to the Commission at intervals submitted with a time delay of at least 60 days, but with a time interval of not more than 90 days between each report. The Commission shall immediately forward that information to the IATTC Secretariat.

4.   The operators of Union fishing vessels shall collect and report any interaction with FADs to Member States. For each interaction they shall record the following information:

| (a) | position of the FAD; |
| --- | --- |

(a)

position of the FAD;

| (b) | date and hour of deployment of the FAD; |
| --- | --- |

(b)

date and hour of deployment of the FAD;

| (c) | IATTC FAD identification (i.e. FAD marking or beacon identification; type of buoy; or any information allowing identification of the owner); |
| --- | --- |

(c)

IATTC FAD identification (i.e. FAD marking or beacon identification; type of buoy; or any information allowing identification of the owner);

| (d) | FAD type (such as anchored FAD, drifting natural FAD, drifting artificial FAD); |
| --- | --- |

(d)

FAD type (such as anchored FAD, drifting natural FAD, drifting artificial FAD);

| (e) | FAD design characteristics (dimension and material of the floating part and of the underwater hanging structure); |
| --- | --- |

(e)

FAD design characteristics (dimension and material of the floating part and of the underwater hanging structure);

| (f) | type of activity (set, deployment, hauling, retrieving, loss, intervention on electronic equipment, etc.); |
| --- | --- |

(f)

type of activity (set, deployment, hauling, retrieving, loss, intervention on electronic equipment, etc.);

| (g) | if the activity is a set, the results of the set in terms of catch and bycatch; and |
| --- | --- |

(g)

if the activity is a set, the results of the set in terms of catch and bycatch; and

| (h) | characteristics of any attached buoy or positioning equipment (positioning system, whether equipped with sonar, etc.). |
| --- | --- |

(h)

characteristics of any attached buoy or positioning equipment (positioning system, whether equipped with sonar, etc.).

5.   The data collected for the previous calendar year shall be submitted by Member States to the Commission no later than 75 days prior to each regular meeting of the SAC. The Commission shall forward that information to the IATTC Secretariat no later than 60 days before the meeting of the SAC.

6.   The identification and the design and deployment of FADs by Union fishing vessels shall comply, respectively, with Annexes I and II to Resolution C-19-01.

Article 7

Transhipments in port

All transhipments in the Convention area of IATTC species shall take place in port.

CHAPTER III

CHAPTER III

Protection of marine species

Protection of marine species

Section 1

Section 1

Elasmobranch species

Elasmobranch species

Article 8

Oceanic whitetip sharks

1.   It shall be prohibited to retain onboard, tranship, land, store, sell or offer for sale any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus).

2.   Whitetip sharks shall be, to the extent practicable, promptly released unharmed when brought alongside the vessel.

3.   Member States, shall record, inter alia, through the observer programmes, the number of discards and releases of whitetip sharks, indicating the status (dead or alive), including those released under paragraph 2.

Article 9

Mobulid rays

1.   It shall be prohibited to retain onboard, tranship, land, store, sell or offer for sale any part or whole carcass of Mobulid rays (which includes Manta rays and Mobula rays) caught in the Convention area.

2.   If Mobulid rays are unintentionally caught and frozen as part of a purse seine vessel operation, the vessel shall surrender the whole Mobulid ray to the responsible authorities at the point of landing. Mobulid rays surrendered in that manner shall not be sold or bartered but may be donated for purposes of domestic human consumption.

3.   Mobulid rays that are caught unintentionally shall be promptly released unharmed, to the extent practicable, as soon as they are seen in the net, on the hook, or on the deck. Release shall be carried out in a manner that will result in the least possible harm to the Mobulid rays captured without compromising the safety of any persons, following the guidelines detailed in Annex 1 to IATTC Resolution C-15-04.

4.   Member States shall record, inter alia, through the observer programmes, the number of discards and releases of Mobulid rays, indicating the status (dead or alive), including those surrendered under paragraph 2.

Article 10

Silky sharks

1.   It shall be prohibited to retain on board, tranship, land, store, sell or offer for sale any part or whole, carcasses of silky sharks (Carcharhinus falciformis) caught by purse seine vessels in the Convention area.

2.   If silky sharks are unintentionally caught and frozen as part of a purse seine vessel operation, and if the governmental authorities are present at the point of landing, the whole silky shark shall be surrendered to them. If the governmental authorities are unavailable, the whole silky shark surrendered shall not be sold or bartered but may be donated for purposes of domestic human consumption. Silky sharks surrendered in this manner shall be reported to the IATTC Secretariat.

3.   Longline vessels that catch sharks incidentally shall limit bycatch of silky sharks to a maximum of 20 % of the total catch by fishing trip in weight.

4.   Union fishing vessels shall not fish in silky shark pupping areas identified by the IATTC.

Article 11

Whale sharks

1.   Union fishing vessels shall not set a purse seine net on a school of tunas associated with a live whale shark (Rhincodon
  typus), if the animal is sighted prior to the commencement of the set.

2.   In the event that a whale shark is not deliberately encircled in the purse seine net, the master of the vessel shall:

| (a) | ensure that all reasonable steps are taken to ensure its safe release; and |
| --- | --- |

(a)

ensure that all reasonable steps are taken to ensure its safe release; and

| (b) | report the incident to the Member State, including the number of individuals concerned, details of how and why the encirclement happened, where it occurred, steps taken to ensure safe release, and an assessment of the life status of the animal(s) on release (including whether any were released alive but subsequently died). |
| --- | --- |

(b)

report the incident to the Member State, including the number of individuals concerned, details of how and why the encirclement happened, where it occurred, steps taken to ensure safe release, and an assessment of the life status of the animal(s) on release (including whether any were released alive but subsequently died).

3.   Whale sharks shall not be towed out of a purse seine net.

Article 12

Safe release of sharks by purse seine vessels

1.   Union fishing vessels shall promptly release sharks (whether alive or dead) caught that are not retained unharmed, to the extent practicable, as soon as they are seen in the net or on the deck, without compromising the safety of any persons.

2.   If a shark is alive when caught by purse seine vessels and is not retained, the shark shall be released by using the following procedures, or equally effective means:

| (a) | sharks are released out of the net by directly releasing them from the brailer into the ocean; |
| --- | --- |

(a)

sharks are released out of the net by directly releasing them from the brailer into the ocean;

| (b) | sharks that cannot be released without compromising the safety of persons before being landed on deck are returned to the water as soon as possible, either utilising a ramp from the deck connecting to an opening on the side of the vessel, or through escape hatches; and |
| --- | --- |

(b)

sharks that cannot be released without compromising the safety of persons before being landed on deck are returned to the water as soon as possible, either utilising a ramp from the deck connecting to an opening on the side of the vessel, or through escape hatches; and

| (c) | if ramps or escape hatches are not available, the sharks are lowered with a sling or cargo net, using a crane or similar equipment, if available. |
| --- | --- |

(c)

if ramps or escape hatches are not available, the sharks are lowered with a sling or cargo net, using a crane or similar equipment, if available.

The use of gaffs, hooks or similar instruments shall be prohibited for the handling of sharks. No shark may be lifted by the head, tail, gill slits, or spiracles, or by using bind wire against or inserted through the body, and no holes may be punched through the bodies of sharks (e.g. to pass a cable through for lifting the shark).

Article 13

Prohibition of use of shark lines by longline vessels

Union longline fishing vessels shall not use shark lines.

Article 14

Data collection on shark species

1.   Masters of Union fishing vessels shall collect and submit catch data for silky and hammerhead sharks to the Member States, who shall send and submit those data to the Commission by 31 March each year. The Commission shall forward the data to the IATTC Secretariat.

2.   Observers on Union fishing vessels shall record the number and status (dead or alive) of silky sharks and hammerhead sharks caught and released.

Section 2

Section 2

Other species

Other species

Article 15

Seabirds

1.   Longline vessels that use hydraulic, mechanical or electrical systems and that fish for species covered by the Convention in the area north of 23°N and south of 30°S, and the area bounded by the coastline at 2°N, west to 2°N-95°W, south to 15°S-95°W, east to 15°S-85°W, and south to 30°S shall apply at least two of the mitigation measures contained in the table in the Annex to this Regulation including at least one from Column A. Vessels shall not use the same measure from Column A and Column B.

2.   Notwithstanding paragraph 1, side-setting with bird curtains and weighted branch lines shall only be applied in the area north of 23°N until research establishes the utility of this measure in waters south of 30°S. The use of side-setting with a bird curtain and weighted branch lines from column A shall be counted as two mitigation measures.

3.   If the tori line is selected from both Column A and Column B, that shall equate to simultaneously using two (i.e. paired) tori lines.

Article 16

Sea turtles

1.   Union fishing vessels shall promptly release, in a manner that causes the least harm to the extent practicable, all sea turtles, without compromising the safety of any persons. At least one member of a Union fishing vessel’s crew shall be trained in techniques for handling and release of sea turtles to improve survival after release.

2.   Member States shall continue to participate in and promote research to identify techniques to further reduce sea turtle bycatch in all gear types used in the eastern Pacific Ocean.

3.   The master of a purse seine vessel shall:

| (a) | avoid encirclement of sea turtles to the extent practicable and carry on board, and employ when appropriate, safe-handling tools for the release of sea turtles and take all reasonable steps, in the event that a sea turtle is sighted in a purse seine net, to ensure its safe release; |
| --- | --- |

(a)

avoid encirclement of sea turtles to the extent practicable and carry on board, and employ when appropriate, safe-handling tools for the release of sea turtles and take all reasonable steps, in the event that a sea turtle is sighted in a purse seine net, to ensure its safe release;

| (b) | take the actions necessary to monitor FADs for the entanglement of sea turtles, and ensure the release of all sea turtles entangled in FADs; |
| --- | --- |

(b)

take the actions necessary to monitor FADs for the entanglement of sea turtles, and ensure the release of all sea turtles entangled in FADs;

| (c) | record all observed interactions involving sea turtles during purse seine fishing operations and report such information to the national authorities. |
| --- | --- |

(c)

record all observed interactions involving sea turtles during purse seine fishing operations and report such information to the national authorities.

4.   Masters of longline vessels shall:

| (a) | carry on-board and, when sea turtle interactions occur, employ the necessary equipment (e.g. de-hookers, line cutters, and scoop nets) for the prompt release of sea turtles incidentally caught; |
| --- | --- |

(a)

carry on-board and, when sea turtle interactions occur, employ the necessary equipment (e.g. de-hookers, line cutters, and scoop nets) for the prompt release of sea turtles incidentally caught;

| (b) | when the majority of hooks fish at depths shallower than 100 metres, employ one of the following two mitigation measures: large circle hooks or the use only of finfish for bait; |
| --- | --- |

(b)

when the majority of hooks fish at depths shallower than 100 metres, employ one of the following two mitigation measures: large circle hooks or the use only of finfish for bait;

| (c) | report any interactions to the national authorities. |
| --- | --- |

(c)

report any interactions to the national authorities.

5.   Member States shall support research and development of modified FAD designs to reduce sea turtle entanglement as well as take measures to encourage the use of designs found to be successful at such reduction.

Article 17

Protection of dolphins

Only Union fishing vessels operating under the conditions laid down in the Agreement which have been allocated a Dolphin Mortality Limit (DML) shall be authorised to encircle schools or groups of dolphins with purse seines when fishing for yellowfin tunas in Convention area.

CHAPTER IV

Scientific observers

Scientific observers

Article 18

Scientific observers on longline vessels

1.   Member States shall ensure that longline vessels flying their flag carry a scientific observer on board to cover at least 5 % of the fishing effort made by their vessels greater than 20 metres in length overall.

2.   Scientific observers shall record the catches of targeted fish species, species composition and any other available biological information as well as any interactions with non-target species such as sea turtles, seabirds and sharks.

3.   Scientific observers on board Union fishing vessels shall submit to the Member State authorities a report on these observations at the latest 15 days after the end of each fishing trip. That report shall be sent to the Commission in accordance with Article 25(5).

Article 19

Scientific observers’ safety at sea

1.   This Article shall be without prejudice to obligations of observers and responsibilities of the master of the vessel set out in the Annex II to the Agreement.

2.   The master of the vessel shall:

| (a) | take all necessary measures to ensure that observers are able to carry out their duties in a competent and safe manner; |
| --- | --- |

(a)

take all necessary measures to ensure that observers are able to carry out their duties in a competent and safe manner;

| (b) | endeavour to ensure that observers alternate vessels between their assignments; |
| --- | --- |

(b)

endeavour to ensure that observers alternate vessels between their assignments;

| (c) | ensure that the vessel on which an observer is placed provide suitable food and lodging for the observer during the observer’s deployment at the same level as the officers, where possible; |
| --- | --- |

(c)

ensure that the vessel on which an observer is placed provide suitable food and lodging for the observer during the observer’s deployment at the same level as the officers, where possible;

| (d) | ensure that all necessary cooperation is extended to observers in order for them to carry out their duties safely, including providing access, as required, to the retained catch, and catch which is intended to be discarded. |
| --- | --- |

(d)

ensure that all necessary cooperation is extended to observers in order for them to carry out their duties safely, including providing access, as required, to the retained catch, and catch which is intended to be discarded.

3.   Member States shall take measures to ensure the safety of observers and crew members in accordance with IATTC Resolution C-11-08 on improving observer safety at sea, as well as relevant Union and international labour standards, in particular Council Directive 89/391/EEC (15), Council Directive (EU) 2017/159 (16), the Work in Fishing Convention, 2007 of the International Labour Organisation (No 188) and the Violence and Harassment Convention, 2019 of the International Labour Organisation (No 190).

4.   Member States shall ensure that observers fulfil the qualification criteria set out in the Annex II to the Agreement.

5.   In the event that an observer dies, is missing or presumed fallen overboard, the master of the vessel shall:

| (a) | ensure that the Union fishing vessel immediately ceases all fishing operations; |
| --- | --- |

(a)

ensure that the Union fishing vessel immediately ceases all fishing operations;

| (b) | ensure that the Union fishing vessel immediately commences a search and rescue operation if the observer is missing or presumed fallen overboard, and searches for at least 72 hours, unless instructed by the flag Member State to continue searching; |
| --- | --- |

(b)

ensure that the Union fishing vessel immediately commences a search and rescue operation if the observer is missing or presumed fallen overboard, and searches for at least 72 hours, unless instructed by the flag Member State to continue searching;

| (c) | immediately notify the flag Member State and the observer provider; |
| --- | --- |

(c)

immediately notify the flag Member State and the observer provider;

| (d) | immediately alert other vessels in the vicinity by using all available means of communication; |
| --- | --- |

(d)

immediately alert other vessels in the vicinity by using all available means of communication;

| (e) | cooperate fully in any search and rescue operation and, after such search and rescue operation has been terminated, order the vessel to the nearest port for further investigation, as agreed by the flag Member State and the observer provider; |
| --- | --- |

(e)

cooperate fully in any search and rescue operation and, after such search and rescue operation has been terminated, order the vessel to the nearest port for further investigation, as agreed by the flag Member State and the observer provider;

| (f) | provide the report on the incident to the observer provider and the authorities of the flag Member State; and |
| --- | --- |

(f)

provide the report on the incident to the observer provider and the authorities of the flag Member State; and

| (g) | cooperate fully in any official investigations into the incident, and preserve any potential evidence and the personal effects and quarters of the deceased or missing observer. |
| --- | --- |

(g)

cooperate fully in any official investigations into the incident, and preserve any potential evidence and the personal effects and quarters of the deceased or missing observer.

6.   In the event that an observer dies, the master of the vessel shall ensure that, to the extent practicable, the body is well preserved for the purposes of an autopsy and investigation.

7.   In the event that an observer suffers from a serious illness or injury that threatens his or her life or long-term health or safety, the master of the vessel shall:

| (a) | ensure that the Union fishing vessel immediately ceases fishing operations; |
| --- | --- |

(a)

ensure that the Union fishing vessel immediately ceases fishing operations;

| (b) | immediately notify the flag Member State and the observer provider; |
| --- | --- |

(b)

immediately notify the flag Member State and the observer provider;

| (c) | take all reasonable actions to care for the observer and provide any medical treatment available and possible on board the vessel, and where appropriate seek external medical advice; |
| --- | --- |

(c)

take all reasonable actions to care for the observer and provide any medical treatment available and possible on board the vessel, and where appropriate seek external medical advice;

| (d) | where directed by the observer provider, if not already directed by the flag Member State, facilitate the disembarkation and transport of the observer to a medical facility equipped to provide the required care as directed by the flag Member State or the observer provider, as soon as practicable; and |
| --- | --- |

(d)

where directed by the observer provider, if not already directed by the flag Member State, facilitate the disembarkation and transport of the observer to a medical facility equipped to provide the required care as directed by the flag Member State or the observer provider, as soon as practicable; and

| (e) | cooperate fully in any official investigations into the cause of the illness or injury. |
| --- | --- |

(e)

cooperate fully in any official investigations into the cause of the illness or injury.

8.   Without prejudice to the obligations applicable to the master of the vessel, for the purposes of paragraphs 5 to 7, the flag Member State shall ensure that the appropriate Maritime Rescue Coordination Centre, observer provider, and the IATTC Secretariat are immediately notified and provided a report on actions undertaken.

9.   In the event that there are reasonable grounds to believe an observer has been assaulted, intimidated, threatened, or harassed such that their health or safety is endangered and the observer or the observer provider requests that the flag Member State remove the observer from the Union fishing vessel, the master of that vessel shall:

| (a) | immediately take action to preserve the safety of the observer and mitigate and resolve the situation on board; |
| --- | --- |

(a)

immediately take action to preserve the safety of the observer and mitigate and resolve the situation on board;

| (b) | immediately notify the flag Member State and the observer provider of the situation, including the status and location of the observer; |
| --- | --- |

(b)

immediately notify the flag Member State and the observer provider of the situation, including the status and location of the observer;

| (c) | facilitate the safe disembarkation of the observer in a manner and place, as agreed by the flag Member State and the observer provider, that allows access to any needed medical treatment; and |
| --- | --- |

(c)

facilitate the safe disembarkation of the observer in a manner and place, as agreed by the flag Member State and the observer provider, that allows access to any needed medical treatment; and

| (d) | cooperate fully in any official investigations into the incident. |
| --- | --- |

(d)

cooperate fully in any official investigations into the incident.

10.   In the event that there are reasonable grounds to believe that an observer has been assaulted, intimidated, threatened, or harassed such that their health or safety is endangered but neither the observer nor the observer provider requests that the observer be removed from the fishing vessel, the master of that vessel shall:

| (a) | immediately take action to preserve the safety of the observer and mitigate and resolve the situation on board; |
| --- | --- |

(a)

immediately take action to preserve the safety of the observer and mitigate and resolve the situation on board;

| (b) | immediately notify the flag Member State and the observer provider of the situation; and |
| --- | --- |

(b)

immediately notify the flag Member State and the observer provider of the situation; and

| (c) | cooperate fully in any official investigations into the incident. |
| --- | --- |

(c)

cooperate fully in any official investigations into the incident.

11.   Where, after disembarkation from a fishing vessel of an observer, an observer provider identifies, such as during the course of debriefing the observer, a possible incident involving assault or harassment of the observer while on board the fishing vessel, the observer provider shall notify, in writing, the flag Member State and the IATTC Secretariat.

12.   Upon receipt of the notification referred to in point (b) of paragraph 10, the flag Member State shall:

| (a) | investigate the incident based on the information provided by the observer provider, prepare an incident report on this basis and take any appropriate action in response to the results of the investigation; |
| --- | --- |

(a)

investigate the incident based on the information provided by the observer provider, prepare an incident report on this basis and take any appropriate action in response to the results of the investigation;

| (b) | cooperate fully in any official investigation conducted by the observer provider, including providing the incident report of its investigation to the observer provider and appropriate authorities; and |
| --- | --- |

(b)

cooperate fully in any official investigation conducted by the observer provider, including providing the incident report of its investigation to the observer provider and appropriate authorities; and

| (c) | notify the observer provider and the IATTC of the results of its investigation and any actions taken. |
| --- | --- |

(c)

notify the observer provider and the IATTC of the results of its investigation and any actions taken.

13.   National observer providers shall:

| (a) | immediately notify the flag Member State in the event that an observer dies, is missing or presumed fallen overboard in the course of observer duties; |
| --- | --- |

(a)

immediately notify the flag Member State in the event that an observer dies, is missing or presumed fallen overboard in the course of observer duties;

| (b) | cooperate fully in any search and rescue operation; |
| --- | --- |

(b)

cooperate fully in any search and rescue operation;

| (c) | cooperate fully in any official investigations into any incident involving an observer; |
| --- | --- |

(c)

cooperate fully in any official investigations into any incident involving an observer;

| (d) | facilitate the disembarkation and replacement of an observer in a situation involving the serious illness or injury of that observer as soon as possible; |
| --- | --- |

(d)

facilitate the disembarkation and replacement of an observer in a situation involving the serious illness or injury of that observer as soon as possible;

| (e) | facilitate the disembarkation of an observer in any situation involving the assault, intimidation, threats to, or harassment of that observer to such an extent that the observer wishes to be removed from the vessel, as soon as possible; and |
| --- | --- |

(e)

facilitate the disembarkation of an observer in any situation involving the assault, intimidation, threats to, or harassment of that observer to such an extent that the observer wishes to be removed from the vessel, as soon as possible; and

| (f) | provide the flag Member State with a copy of the observer report on alleged incidents involving assault or harassment of the observer upon request. |
| --- | --- |

(f)

provide the flag Member State with a copy of the observer report on alleged incidents involving assault or harassment of the observer upon request.

14.   Relevant observer providers and Member States shall cooperate with each other’s investigations, including providing their incident reports for any incidents referred to in paragraphs 5 to 11 to facilitate any investigations as appropriate.

CHAPTER V

CHAPTER V

Vessel requirements

Vessel requirements

Article 20

Regional Vessel Register

1.   Member States shall provide the Commission with the following information with respect to each vessel under its jurisdiction to be included in the Regional Vessel Register:

| (a) | name of Union fishing vessel, registration number, previous names (if known), and port of registry; |
| --- | --- |

(a)

name of Union fishing vessel, registration number, previous names (if known), and port of registry;

| (b) | a photograph of the vessel showing its registration number; |
| --- | --- |

(b)

a photograph of the vessel showing its registration number;

| (c) | previous flag (if known and if any); |
| --- | --- |

(c)

previous flag (if known and if any);

| (d) | International Radio Call Sign (if any); |
| --- | --- |

(d)

International Radio Call Sign (if any);

| (e) | name and address of owner or owners; |
| --- | --- |

(e)

name and address of owner or owners;

| (f) | date and place of building; |
| --- | --- |

(f)

date and place of building;

| (g) | length, beam, and moulded depth; |
| --- | --- |

(g)

length, beam, and moulded depth;

| (h) | freezer type and freezer capacity, in cubic metres; |
| --- | --- |

(h)

freezer type and freezer capacity, in cubic metres;

| (i) | number and capacity of fish holds, in cubic metres and, in the case of purse seine vessels, capacity breakdown by fish hold if possible; |
| --- | --- |

(i)

number and capacity of fish holds, in cubic metres and, in the case of purse seine vessels, capacity breakdown by fish hold if possible;

| (j) | name and address of operator(s) and manager(s) (if any); |
| --- | --- |

(j)

name and address of operator(s) and manager(s) (if any);

| (k) | type of vessel; |
| --- | --- |

(k)

type of vessel;

| (l) | type of fishing method or methods; |
| --- | --- |

(l)

type of fishing method or methods;

| (m) | gross tonnage; |
| --- | --- |

(m)

gross tonnage;

| (n) | power of main engine or engines; |
| --- | --- |

(n)

power of main engine or engines;

| (o) | the main target species; and |
| --- | --- |

(o)

the main target species; and

| (p) | International Maritime Organization (IMO) number. |
| --- | --- |

(p)

International Maritime Organization (IMO) number.

2.   Each Member State shall promptly notify the Commission of any modifications to the information concerning elements listed in paragraph 1. The Commission shall forward that information to the IATTC Secretariat without delay.

3.   Each Member State shall also promptly notify the Commission of:

| (a) | any additions to the record; |
| --- | --- |

(a)

any additions to the record;

| (b) | any deletions from the record by reason of:






  (i) | the voluntary relinquishment or non-renewal of the fishing authorisation by the owner or operator of the vessel; |
| --- | --- | --- |

(b)

any deletions from the record by reason of:

(i)

the voluntary relinquishment or non-renewal of the fishing authorisation by the owner or operator of the vessel;

| (ii) | the withdrawal of the fishing authorisation issued to the vessel; |
| --- | --- |

(ii)

the withdrawal of the fishing authorisation issued to the vessel;

| (iii) | the fact that the vessel is no longer entitled to fly its flag; |
| --- | --- |

(iii)

the fact that the vessel is no longer entitled to fly its flag;

| (iv) | the scrapping, decommissioning or loss of the vessel; and |
| --- | --- |

(iv)

the scrapping, decommissioning or loss of the vessel; and

| (c) | any other deletion not listed in point (b). |
| --- | --- |

(c)

any other deletion not listed in point (b).

4.   Member States shall notify the Commission by 30 May each year of the Union fishing vessels on the Regional Vessel Register flying their flag that were actively fishing in the Convention area for species covered by the Convention from 1 January to 31 December of the previous year. The Commission shall forward that information to the IATTC Secretariat without delay.

5.   The Commission shall request Member States to provide complete data for the vessels flying their flag in accordance with paragraph 1 if those Member States do not provide all the required information.

Article 21

Sealed wells

1.   A well that is sealed shall be physically sealed in a tamper-proof manner, and in such a way that it does not communicate with any other space on the vessel and that its use for any other storage is prevented.

2.   Member States shall take the necessary measures to inspect and verify the wells sealed for the first time.

3.   Any vessel with one or more of its wells sealed to reduce the well volume recorded on the Regional Vessel Register shall be required to carry an observer from the AIDCP on board.

4.   It shall be possible to open a sealed well only in the event of an emergency. If a sealed well is opened at sea, the observer shall be present both when the well is opened and when it is resealed.

5.   All refrigeration equipment in the sealed well shall be rendered inoperative.

6.   The master of the vessel shall notify observers of any sealed wells on-board. Observers shall report to the IATTC Secretariat any instances of sealed wells being used for storing fish.

CHAPTER VI

CHAPTER VI

Data and statistical document

Data and statistical document

Article 22

Provision of data

1.   Member States shall ensure that all pertinent catch information is provided to the Commission on an annual basis, for all of their vessels fishing for species under the purview of the Convention.

2.   Member States shall provide the data, by species and fishing gear, where practical, via vessel logbooks and unloading records, and otherwise in aggregated form as in the table set out in IATTC Resolution C-03-05, with Level 3 catch and effort data as a minimum requirement, and, whenever possible, Levels 1 and 2 catch and effort data and length-frequency data.

3.   The aggregated data table referred to in paragraph 2 for each year shall be provided to the Commission by 31 May of the following year. The Commission shall forward that information to the IATTC Secretariat by 30 June.

Article 23

Bigeye tuna statistical document

1.   All bigeye tunas imported into the territory of the Union shall be accompanied by the bigeye tuna statistical document or the IATTC bigeye tuna re-export certificate, as appropriate, established by the IATTC (17). Bigeye tuna caught by purse seiners and bait boats and destined principally for further processing by tuna canneries shall not be subject to that statistical document requirement.

2.   The IATTC bigeye tuna statistical document shall be validated by the authorities of the flag Member State of the vessel that harvested the tuna. The IATTC bigeye tuna re-export certificate shall be validated by the authorities of the Member State that re-exported the tuna.

3.   The Member States that import bigeye tuna shall report to the Commission the trade data collected by their authorities each year by 1 April for the period of 1 July to 31 December of the preceding year and by 1 October for the period of 1 January to 30 June of the current year. The Commission shall forward that information to the IATTC Secretariat without delay.

4.   Member States that export bigeye tuna shall examine the trade data upon receiving the import data referred to in paragraph 3 and shall report the results to the Commission. The Commission shall forward that information to the IATTC Secretariat without delay.

5.   Member States shall validate statistical documents involving a transhipment at port undertaken by longline vessels flying their flag where the transhipment was conducted in accordance with this Regulation and on the basis of the information obtained through the IATTC observer programme.

6.   Member States that validate a statistical document involving transhipments undertaken by a longline vessel flying their flag shall ensure that the information is consistent with the catches reported by each longline vessel.

7.   All tunas and tuna-like species and sharks landed in, or imported into, the Union, either unprocessed or after having been processed on board, and which are transhipped, shall be accompanied by the IATTC transhipment declaration form until the first sale has taken place.

CHAPTER VII

CHAPTER VII

Final provisions

Final provisions

Article 24

Overlap area

1.   Union fishing vessels listed exclusively in the IATTC register shall apply the conservation and management measures of the IATTC when fishing in the overlap area.

2.   In the case of vessels listed in the vessel registers of both the WCPFC and the IATTC, prior to fishing in the overlap area, flag Member States shall notify the Commission under which of the two conservation and management measures adopted by those organisations the vessels flying their flag shall operate when fishing in the overlap area. The notification shall be valid for a period of not less than three years.

Article 25

Reporting

1.   Member States shall submit to the Commission, by 15 June of each year for the preceding year, a national report on their compliance scheme and actions taken to implement IATTC measures, including any controls they have imposed on their fleets and any monitoring, control and compliance measures they have established to ensure compliance with such controls.

2.   Member States shall report annually by 15 April for the preceding year data for catches, effort by gear type, landing and trade of sharks by species, data regarding whitetip sharks referred to in Article 8(3), mobulid rays referred to in Article 9(4) and silky sharks referred to in Article 10. The Commission shall forward those data to the IATTC Secretariat by 1 May.

3.   Member States shall report annually by 15 June for the preceding year on the implementation of Article 15 and interactions with seabirds during fishing activities managed under the Convention, including by-catches of seabirds, details of seabird species, and all relevant information available from observers and other monitoring programmes. The Commission shall forward that information to the IATTC Secretariat by 30 June.

4.   Member States shall report annually by 15 June for the preceding year on the implementation of Article 16 and the Guidelines of the Food and Agriculture Organisation of the United Nations to Reduce Sea Turtle Mortality in Fishing Operations (2009) (18) for turtles, including information collected on interaction with turtles during fishing activities managed under the Convention. The Commission shall forward that information to the IATTC Secretariat by 30 June.

5.   Member States shall submit a scientific observer report for longline vessels referred to in Article 18(3) by 15 March for the preceding year. The Commission shall forward that information to the IATTC Secretariat by 30 March.

Article 26

Alleged non-compliance reported by the IATTC

1.   If the Commission receives from the IATTC Secretariat any information indicating a suspected non-compliance with the Convention or Resolutions by a Member State or by Union fishing vessels, the Commission shall transmit that information to the Member State concerned without delay.

2.   The Member State shall launch an investigation in relation to the allegations of non-compliance and shall provide the Commission with the findings of such investigation and any actions taken to address any non-compliance concerns at least 75 days in advance of the annual meeting of the Committee for the Review of Implementation of Measures (‘Compliance Committee’).

3.   The Commission shall forward that information to the IATTC Secretariat at least 60 days in advance of the Compliance Committee meeting.

Article 27

Confidentiality

In addition to the obligations laid down in Articles 112 and 113 of Regulation (EC) No 1224/2009, Member States, masters of vessels and observers shall ensure confidential treatment of electronic reports and messages transmitted to and received from the IATTC Secretariat pursuant to Article 10(2), Article 19(5) and (8) and Article 21(6) of this Regulation.

Article 28

Empowerment for amendments

1.   The Commission is empowered to adopt delegated acts amending this Regulation, in accordance with Article 29, to adapt it to measures adopted by the IATTC that bind the Union and its Member States concerning:

| (a) | the transhipment declaration form referred to in point (16) of Article 3; |
| --- | --- |

(a)

the transhipment declaration form referred to in point (16) of Article 3;

| (b) | the reference to depiction of shark lines in point (19) of Article 3; |
| --- | --- |

(b)

the reference to depiction of shark lines in point (19) of Article 3;

| (c) | closure periods referred to in point (a) of Article 4(1) and in Article 4(5); |
| --- | --- |

(c)

closure periods referred to in point (a) of Article 4(1) and in Article 4(5);

| (d) | FADs reporting timelines provided for in Article 6(3); |
| --- | --- |

(d)

FADs reporting timelines provided for in Article 6(3);

| (e) | information to be collected when fishing with FADs listed by Article 6(4); |
| --- | --- |

(e)

information to be collected when fishing with FADs listed by Article 6(4);

| (f) | provisions concerning design and deployment of FAD provided for in Article 6(6); |
| --- | --- |

(f)

provisions concerning design and deployment of FAD provided for in Article 6(6);

| (g) | the data collection deadline referred to in Article 14(1); |
| --- | --- |

(g)

the data collection deadline referred to in Article 14(1);

| (h) | areas and mitigation measures for the protection of seabirds of Article 15(1) and (2); |
| --- | --- |

(h)

areas and mitigation measures for the protection of seabirds of Article 15(1) and (2);

| (i) | scientific observer coverage of 5 % referred to in Article 18(1); |
| --- | --- |

(i)

scientific observer coverage of 5 % referred to in Article 18(1);

| (j) | information related to the Regional Vessel Register listed in Article 20(1); |
| --- | --- |

(j)

information related to the Regional Vessel Register listed in Article 20(1);

| (k) | the reference to table for provision of data for the logbooks and unloading records provided for in Article 22(2); |
| --- | --- |

(k)

the reference to table for provision of data for the logbooks and unloading records provided for in Article 22(2);

| (l) | the reference to the bigeye tuna statistical document in Article 23(1); |
| --- | --- |

(l)

the reference to the bigeye tuna statistical document in Article 23(1);

| (m) | reporting deadlines provided for in Article 25; |
| --- | --- |

(m)

reporting deadlines provided for in Article 25;

| (n) | the reference to turtle mortality guidelines in Article 25(4); |
| --- | --- |

(n)

the reference to turtle mortality guidelines in Article 25(4);

| (o) | the Annex to this Regulation. |
| --- | --- |

(o)

the Annex to this Regulation.

2.   Amendments in accordance with paragraph 1 shall be strictly limited to the implementation of amendments or new Resolutions into Union law.

Article 29

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 28 shall be conferred on the Commission for a period of five years from 15 February 2021. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.   The delegation of power referred to in Article 28 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated act already in force.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making.

5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.   A delegated act adopted pursuant to Article 28 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 30

Amendments to Regulation (EC) No 520/2007

Article 3(3), Article 4(3) and Title IV of Regulation (EC) No 520/2007 are deleted.

Article 31

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 January 2021.

For the European Parliament

The President

D. M. SASSOLI

For the Council

The President

A. P. ZACARIAS

---

(1)  Opinion of 2 December 2020 (not yet published in the Official Journal).

1

(2)  Position of the European Parliament of 15 December 2020 (not yet published in the Official Journal) and decision of the Council of 13 January 2021.

2

(3)  Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

3

(4)  Council Decision 98/392/EC of 23 March 1998 concerning the conclusion by the European Community of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 1994 relating to the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 1).

4

(5)  Council Decision 98/414/EC of 8 June 1998 on the ratification by the European Community of the Agreement for the implementing of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling stocks and highly migratory fish stocks (OJ L 189, 3.7.1998, p. 14).

5

(6)  Council Decision 2006/539/EC of 22 May 2006 on the conclusion, on behalf of the European Community of the Convention for the strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (OJ L 224, 16.8.2006, p. 22).

6

(7)  Council Decision 2005/938/EC of 8 December 2005 on the approval on behalf of the European Community of the Agreement on the International Dolphin Conservation Programme (OJ L 348, 30.12.2005, p. 26).

7

(8)  Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001 (OJ L 123, 12.5.2007, p. 3).

8

(9)  OJ L 123, 12.5.2016, p. 1.

9

(10)  Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).

10

(11)  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 (OJ L 286, 29.10.2008, p. 1).

11

(12)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

12

(13)  Council Regulation (EC) No 1185/2003 of 26 June 2003 on the removal of fins of sharks on board vessels (OJ L 167, 4.7.2003, p. 1).

13

(14)  Council Decision 2005/75/EC of 26 April 2004 on the accession of the Community to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (OJ L 32, 4.2.2005, p. 1).

14

(15)  Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).

15

(16)  Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche) (OJ L 25, 31.1.2017, p. 12).

16

(17)  Annexes 1 and 2 to Resolution C-03-01 for, respectively, the bigeye tuna statistical document and the bigeye tuna re-export certificate.

17

(18)  http://www.fao.org/docrep/012/i0725e/i0725e.pdf

18

---

ANNEX

Table 1: Mitigation measures

| Column A | Column B |
| --- | --- |
| Side-setting with bird curtains and weighted branch lines | Tori line |
| Night setting with minimum deck lighting | Weighted branch lines |
| Tori line | Blue-dyed bait |
| Weighted branch lines | Deep-setting line shooter |
| | Underwater setting chute |
| Management of offal discharge |

Column A

Column B

Side-setting with bird curtains and weighted branch lines

Tori line

Night setting with minimum deck lighting

Weighted branch lines

Tori line

Blue-dyed bait

Weighted branch lines

Deep-setting line shooter

Underwater setting chute

Management of offal discharge

---

II Non-legislative acts

REGULATIONS

| 26.1.2021 | EN | Official Journal of the European Union | L 24/19 |
| --- | --- | --- | --- |

26.1.2021

EN

Official Journal of the European Union

L 24/19

---

COMMISSION REGULATION (EU) 2021/57

of 25 January 2021

amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards lead in gunshot in or around wetlands

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (1), and in particular Article 68(1) thereof,

Whereas:

| (1) | Annex XVII to Regulation (EC) No 1907/2006 lays down restrictions on the manufacture, placing on the market and use of certain dangerous substances, mixtures and articles. Entry 63 of that Annex contains restrictions with respect to lead (CAS No 7439-92-1, EC No 231-100-4) and lead compounds. |
| --- | --- |

(1)

Annex XVII to Regulation (EC) No 1907/2006 lays down restrictions on the manufacture, placing on the market and use of certain dangerous substances, mixtures and articles. Entry 63 of that Annex contains restrictions with respect to lead (CAS No 7439-92-1, EC No 231-100-4) and lead compounds.

| (2) | The Union and 23 Member States are Contracting Parties to the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (2) (AEWA). Contracting Parties are required under paragraph 4.1.4 of the Action Plan annexed to AEWA to endeavour to phase out the use of lead shot for hunting in wetlands as soon as possible in accordance with self-imposed and published timetables. |
| --- | --- |

(2)

The Union and 23 Member States are Contracting Parties to the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (2) (AEWA). Contracting Parties are required under paragraph 4.1.4 of the Action Plan annexed to AEWA to endeavour to phase out the use of lead shot for hunting in wetlands as soon as possible in accordance with self-imposed and published timetables.

| (3) | Article 4(2) of Directive 2009/147/EC of the European Parliament and of the Council (3) requires Member States to pay particular attention to the protection of wetlands, and particularly to wetlands of international importance, in the taking of conservation measures with regard to regularly occurring migratory species. |
| --- | --- |

(3)

Article 4(2) of Directive 2009/147/EC of the European Parliament and of the Council (3) requires Member States to pay particular attention to the protection of wetlands, and particularly to wetlands of international importance, in the taking of conservation measures with regard to regularly occurring migratory species.

| (4) | On 3 December 2015, the Commission asked the European Chemicals Agency (‘the Agency’) pursuant to Article 69(1) of Regulation (EC) No 1907/2006 to prepare a dossier with a view to extending the restriction on lead and lead compounds in Annex XVII to that Regulation in order to control the risk to the environment and human health posed by the use of lead or lead compounds in gunshot used for shooting in wetlands (‘the Annex XV dossier’). At the same time, the Commission also asked the Agency to start collecting information on other uses of lead ammunition, including hunting in terrains other than wetlands and target shooting, and on the use of lead weights for fishing. |
| --- | --- |

(4)

On 3 December 2015, the Commission asked the European Chemicals Agency (‘the Agency’) pursuant to Article 69(1) of Regulation (EC) No 1907/2006 to prepare a dossier with a view to extending the restriction on lead and lead compounds in Annex XVII to that Regulation in order to control the risk to the environment and human health posed by the use of lead or lead compounds in gunshot used for shooting in wetlands (‘the Annex XV dossier’). At the same time, the Commission also asked the Agency to start collecting information on other uses of lead ammunition, including hunting in terrains other than wetlands and target shooting, and on the use of lead weights for fishing.

| (5) | On 21 June 2017, the Agency published the Annex XV dossier (4) proposing the introduction of a restriction on the use of lead and lead compounds in gunshot for shooting with a shotgun within a wetland or where spent gunshot would land within a wetland. The Agency also proposed introduction of a restriction on the possession of gunshot containing a concentration of lead equal to or greater than 1 % (‘lead gunshot’) in wetlands in order to enhance enforceability of the proposed restriction on the use of lead in gunshot for shooting. The Agency concluded that the use of lead in gunshot in wetlands leads to a risk to waterbirds that ingest spent lead gunshot, leading to toxicological effects, including death. |
| --- | --- |

(5)

On 21 June 2017, the Agency published the Annex XV dossier (4) proposing the introduction of a restriction on the use of lead and lead compounds in gunshot for shooting with a shotgun within a wetland or where spent gunshot would land within a wetland. The Agency also proposed introduction of a restriction on the possession of gunshot containing a concentration of lead equal to or greater than 1 % (‘lead gunshot’) in wetlands in order to enhance enforceability of the proposed restriction on the use of lead in gunshot for shooting. The Agency concluded that the use of lead in gunshot in wetlands leads to a risk to waterbirds that ingest spent lead gunshot, leading to toxicological effects, including death.

| (6) | The number of waterbirds estimated to die in the Union from lead poisoning is in the order of one million every year. The use of lead in gunshot also leads to a risk to species that feed on birds contaminated with lead gunshot, and a risk to humans from consuming waterbirds shot with lead gunshot, although the latter risk was assessed by the Agency only qualitatively. Exposure to lead by humans is associated with neurodevelopmental effects, impaired renal function and fertility, hypertension, adverse pregnancy outcomes and death. |
| --- | --- |

(6)

The number of waterbirds estimated to die in the Union from lead poisoning is in the order of one million every year. The use of lead in gunshot also leads to a risk to species that feed on birds contaminated with lead gunshot, and a risk to humans from consuming waterbirds shot with lead gunshot, although the latter risk was assessed by the Agency only qualitatively. Exposure to lead by humans is associated with neurodevelopmental effects, impaired renal function and fertility, hypertension, adverse pregnancy outcomes and death.

| (7) | The Agency concluded that lead-free gunshot alternatives, such as steel and bismuth gunshot, are widely available, technically feasible and have better human health and environmental hazard and risk profiles than lead gunshot. Moreover, steel gunshot, the most likely alternative to be used, is available at a comparable price to that of lead gunshot. |
| --- | --- |

(7)

The Agency concluded that lead-free gunshot alternatives, such as steel and bismuth gunshot, are widely available, technically feasible and have better human health and environmental hazard and risk profiles than lead gunshot. Moreover, steel gunshot, the most likely alternative to be used, is available at a comparable price to that of lead gunshot.

| (8) | Provisions prohibiting or restricting the use of lead in gunshot in wetlands exist in the majority of Member States, but the disparities between them result in different levels of risk reduction. Furthermore, the migration routes of migratory birds typically cross several Member States and therefore birds could ingest spent lead gunshot in Member States where no or more limited measures are in place. The Annex XV dossier demonstrated that Union-wide action is necessary to address the risks arising from the use of lead in gunshot in wetlands in a harmonised manner. Harmonisation legislation should however be based on a high level of protection. The outcome of harmonisation should therefore not be to oblige the Member States that have stricter national provisions on lead in gunshot to abandon those provisions, as this would imply a reduction in the level of protection of environment and health in those Member States. |
| --- | --- |

(8)

Provisions prohibiting or restricting the use of lead in gunshot in wetlands exist in the majority of Member States, but the disparities between them result in different levels of risk reduction. Furthermore, the migration routes of migratory birds typically cross several Member States and therefore birds could ingest spent lead gunshot in Member States where no or more limited measures are in place. The Annex XV dossier demonstrated that Union-wide action is necessary to address the risks arising from the use of lead in gunshot in wetlands in a harmonised manner. Harmonisation legislation should however be based on a high level of protection. The outcome of harmonisation should therefore not be to oblige the Member States that have stricter national provisions on lead in gunshot to abandon those provisions, as this would imply a reduction in the level of protection of environment and health in those Member States.

| (9) | The Agency suggested a period of three years for introduction of the restriction. |
| --- | --- |

(9)

The Agency suggested a period of three years for introduction of the restriction.

| (10) | On 9 March 2018, the Agency’s Committee for Risk Assessment (RAC) adopted an opinion pursuant to Article 70 of Regulation (EC) No 1907/2006 with respect to the Annex XV dossier. In that opinion, RAC concurred with the Agency’s conclusion that ingestion of spent lead gunshot by waterbirds causes toxicological effects, including death. As to human health, RAC concluded that lead is highly toxic and that no threshold has been established either for neurodevelopmental effects in children or for blood pressure or renal effects in adults, so any exposure to lead therefore constitutes a risk. RAC concluded that the proposed restriction is an appropriate Union-wide measure to address the identified risks. |
| --- | --- |

(10)

On 9 March 2018, the Agency’s Committee for Risk Assessment (RAC) adopted an opinion pursuant to Article 70 of Regulation (EC) No 1907/2006 with respect to the Annex XV dossier. In that opinion, RAC concurred with the Agency’s conclusion that ingestion of spent lead gunshot by waterbirds causes toxicological effects, including death. As to human health, RAC concluded that lead is highly toxic and that no threshold has been established either for neurodevelopmental effects in children or for blood pressure or renal effects in adults, so any exposure to lead therefore constitutes a risk. RAC concluded that the proposed restriction is an appropriate Union-wide measure to address the identified risks.

| (11) | RAC strongly supported a shorter period than the three years proposed by the Agency. The reason given was that each year of delay would result in approximately 4 000 additional tonnes of lead being released into wetland areas, resulting in the death of somewhere in the order of 1 million birds. |
| --- | --- |

(11)

RAC strongly supported a shorter period than the three years proposed by the Agency. The reason given was that each year of delay would result in approximately 4 000 additional tonnes of lead being released into wetland areas, resulting in the death of somewhere in the order of 1 million birds.

| (12) | On 14 June 2018, the Agency’s Committee for Socioeconomic Analysis (SEAC) adopted an opinion pursuant to Article 71(1) of Regulation (EC) No 1907/2006, concluding that the proposed restriction is an appropriate Union-wide measure to address the identified risks, taking into account the fact that the socioeconomic benefits of the measure would be proportionate to the socioeconomic costs. In addition, SEAC concluded that the cost of the proposed restriction would be borne mainly by hunters, and that the cost increase to hunters was reasonable. |
| --- | --- |

(12)

On 14 June 2018, the Agency’s Committee for Socioeconomic Analysis (SEAC) adopted an opinion pursuant to Article 71(1) of Regulation (EC) No 1907/2006, concluding that the proposed restriction is an appropriate Union-wide measure to address the identified risks, taking into account the fact that the socioeconomic benefits of the measure would be proportionate to the socioeconomic costs. In addition, SEAC concluded that the cost of the proposed restriction would be borne mainly by hunters, and that the cost increase to hunters was reasonable.

| (13) | SEAC considered that a shorter period than the three years suggested in the Annex XV dossier could pose a challenge in terms of implementation for those Member States that currently have only a limited or no ban on the use of lead gunshot in wetlands, although SEAC did also acknowledge that a shorter transitional period might be feasible, having regard to the fact that lead-free gunshot is already available on the market and that, in terms of increased costs for early replacement of guns, a shorter period would have only a minor impact. |
| --- | --- |

(13)

SEAC considered that a shorter period than the three years suggested in the Annex XV dossier could pose a challenge in terms of implementation for those Member States that currently have only a limited or no ban on the use of lead gunshot in wetlands, although SEAC did also acknowledge that a shorter transitional period might be feasible, having regard to the fact that lead-free gunshot is already available on the market and that, in terms of increased costs for early replacement of guns, a shorter period would have only a minor impact.

| (14) | The Forum for Exchange of Information on Enforcement was consulted during the restrictions process in accordance with Article 77(4)(h) of Regulation (EC) No 1907/2006 and its recommendations were taken into account. |
| --- | --- |

(14)

The Forum for Exchange of Information on Enforcement was consulted during the restrictions process in accordance with Article 77(4)(h) of Regulation (EC) No 1907/2006 and its recommendations were taken into account.

| (15) | On 17 August 2018, the Agency submitted the opinions of RAC and SEAC (5) to the Commission. |
| --- | --- |

(15)

On 17 August 2018, the Agency submitted the opinions of RAC and SEAC (5) to the Commission.

| (16) | Taking into account the Annex XV dossier, the opinions of RAC and SEAC, the socioeconomic impact and the availability of alternatives, the Commission considers that there is an unacceptable risk to the environment and a potential risk to human health stemming from the discharge of lead gunshot in or around wetlands, which needs to be addressed on a Union-wide basis. It is therefore appropriate to introduce a restriction on the act of discharging lead gunshot in or around wetlands. |
| --- | --- |

(16)

Taking into account the Annex XV dossier, the opinions of RAC and SEAC, the socioeconomic impact and the availability of alternatives, the Commission considers that there is an unacceptable risk to the environment and a potential risk to human health stemming from the discharge of lead gunshot in or around wetlands, which needs to be addressed on a Union-wide basis. It is therefore appropriate to introduce a restriction on the act of discharging lead gunshot in or around wetlands.

| (17) | Given the difficulty for enforcement authorities in catching hunters in the act of actually discharging gunshot, the restriction should also include the carrying of lead gunshot whilst shooting. This will make it possible to enforce the restriction on discharging gunshot far more effectively and will therefore ensure the effectiveness of the restriction in addressing the risks identified to the environment and human health. The restriction should not be linked to ownership rights. The term ‘carrying’ should therefore be used instead of ‘possession’ which was the term suggested by the Agency. |
| --- | --- |

(17)

Given the difficulty for enforcement authorities in catching hunters in the act of actually discharging gunshot, the restriction should also include the carrying of lead gunshot whilst shooting. This will make it possible to enforce the restriction on discharging gunshot far more effectively and will therefore ensure the effectiveness of the restriction in addressing the risks identified to the environment and human health. The restriction should not be linked to ownership rights. The term ‘carrying’ should therefore be used instead of ‘possession’ which was the term suggested by the Agency.

| (18) | A restriction on carrying lead gunshot should, however, apply specifically to carrying whilst shooting, as opposed to carrying in some other context, for example when transporting gunshot across wetlands for delivery elsewhere. The Commission considers, moreover, that the restriction on carrying should be directly linked to the particular type of shooting within the scope of the restriction (shooting in or around wetlands). This is in view of the fact that comments submitted during the public consultation on the Annex XV dossier indicated that, in some Member States, hunters involved in other types of shooting are quite likely to walk through different types of terrain, wetlands as well as other terrains, on a typical day’s shooting. The Commission also considers that, in order to aid enforcement, the restriction on carrying should cover not only carrying while out wetland shooting, but also carrying as part of going wetland shooting, in other words where there is a close connection with the actual shooting. This would cover, for example, carrying while heading out on, or returning home from, a day’s wetland shooting or carrying by someone helping hunters on a shooting expedition. |
| --- | --- |

(18)

A restriction on carrying lead gunshot should, however, apply specifically to carrying whilst shooting, as opposed to carrying in some other context, for example when transporting gunshot across wetlands for delivery elsewhere. The Commission considers, moreover, that the restriction on carrying should be directly linked to the particular type of shooting within the scope of the restriction (shooting in or around wetlands). This is in view of the fact that comments submitted during the public consultation on the Annex XV dossier indicated that, in some Member States, hunters involved in other types of shooting are quite likely to walk through different types of terrain, wetlands as well as other terrains, on a typical day’s shooting. The Commission also considers that, in order to aid enforcement, the restriction on carrying should cover not only carrying while out wetland shooting, but also carrying as part of going wetland shooting, in other words where there is a close connection with the actual shooting. This would cover, for example, carrying while heading out on, or returning home from, a day’s wetland shooting or carrying by someone helping hunters on a shooting expedition.

| (19) | Given the practical difficulties in proving the particular type of shooting that a person found carrying lead gunshot is intending to do, it is appropriate to establish a legal presumption that anyone found in or around wetlands carrying lead gunshot while out shooting, or as part of going shooting, is presumed to be carrying that gunshot while out wetland shooting, or as part of going wetland shooting. In other words, it would be for that person to show that he or she was actually intending to go shooting elsewhere and was merely passing through the wetland area in order to go shooting elsewhere. |
| --- | --- |

(19)

Given the practical difficulties in proving the particular type of shooting that a person found carrying lead gunshot is intending to do, it is appropriate to establish a legal presumption that anyone found in or around wetlands carrying lead gunshot while out shooting, or as part of going shooting, is presumed to be carrying that gunshot while out wetland shooting, or as part of going wetland shooting. In other words, it would be for that person to show that he or she was actually intending to go shooting elsewhere and was merely passing through the wetland area in order to go shooting elsewhere.

| (20) | As regards geographical scope, the Agency proposed that the restriction on discharging lead gunshot should apply not only in wetlands but also in areas where ‘spent gunshot would land within a wetland’. The Commission notes that there was some support in RAC for quantitatively defining a fixed buffer zone around wetlands rather than relying on a test based on where spent gunshot would land. The Commission agrees that a fixed buffer zone is likely to make it easier to comply with the restriction and to enforce it. The restriction should therefore apply to discharging lead gunshot not only in wetlands but also in a fixed buffer zone around wetlands, defined quantitatively. Taking into account the need to ensure proportionality, the size of the fixed buffer zone should be set at 100 metres around wetlands. |
| --- | --- |

(20)

As regards geographical scope, the Agency proposed that the restriction on discharging lead gunshot should apply not only in wetlands but also in areas where ‘spent gunshot would land within a wetland’. The Commission notes that there was some support in RAC for quantitatively defining a fixed buffer zone around wetlands rather than relying on a test based on where spent gunshot would land. The Commission agrees that a fixed buffer zone is likely to make it easier to comply with the restriction and to enforce it. The restriction should therefore apply to discharging lead gunshot not only in wetlands but also in a fixed buffer zone around wetlands, defined quantitatively. Taking into account the need to ensure proportionality, the size of the fixed buffer zone should be set at 100 metres around wetlands.

| (21) | In view of the enforcement advantages and effectiveness of the restriction as a result of not having to catch hunters in the actual act of discharging lead gunshot, the Commission considers it appropriate to apply the restriction on carrying lead gunshot not only to carrying in wetlands but also to carrying in the fixed buffer zone around wetlands. |
| --- | --- |

(21)

In view of the enforcement advantages and effectiveness of the restriction as a result of not having to catch hunters in the actual act of discharging lead gunshot, the Commission considers it appropriate to apply the restriction on carrying lead gunshot not only to carrying in wetlands but also to carrying in the fixed buffer zone around wetlands.

| (22) | As gunshot is generally not designed or placed on the market specifically or exclusively for use in or around wetlands, a restriction on the placing on the market of lead in gunshot would affect shooting in all terrains. Therefore, the restriction should be limited to the discharge of and carrying lead gunshot. |
| --- | --- |

(22)

As gunshot is generally not designed or placed on the market specifically or exclusively for use in or around wetlands, a restriction on the placing on the market of lead in gunshot would affect shooting in all terrains. Therefore, the restriction should be limited to the discharge of and carrying lead gunshot.

| (23) | The restriction should apply to gunshot containing a concentration of lead equal to or greater than 1 %. 1 % is the concentration limit applied for the purposes of the ‘non-toxic’ gunshot approval process in the United States of America in order to avoid a significant toxicity danger to migratory birds and other wildlife, or their habitats. Moreover, a 1 % concentration threshold for the restriction is considered to be sufficient to address the risks posed by lead-containing gunshot material whilst also being readily achievable by producers of alternative gunshot, given that some of those alternatives are likely to contain lead as an impurity. |
| --- | --- |

(23)

The restriction should apply to gunshot containing a concentration of lead equal to or greater than 1 %. 1 % is the concentration limit applied for the purposes of the ‘non-toxic’ gunshot approval process in the United States of America in order to avoid a significant toxicity danger to migratory birds and other wildlife, or their habitats. Moreover, a 1 % concentration threshold for the restriction is considered to be sufficient to address the risks posed by lead-containing gunshot material whilst also being readily achievable by producers of alternative gunshot, given that some of those alternatives are likely to contain lead as an impurity.

| (24) | It is appropriate to mirror the definition of ‘wetlands’ used in the Convention on Wetlands of International Importance (Ramsar Convention) signed in Ramsar on 2 February 1971 for the purposes of the restriction, as was proposed by the Agency and confirmed in the opinions of RAC and SEAC, since that definition is comprehensive, covering all types of wetlands (including peatlands, where many waterbirds are also found), and since the Ramsar Convention has also developed a classification system for wetland types to help in the identification of wetlands. |
| --- | --- |

(24)

It is appropriate to mirror the definition of ‘wetlands’ used in the Convention on Wetlands of International Importance (Ramsar Convention) signed in Ramsar on 2 February 1971 for the purposes of the restriction, as was proposed by the Agency and confirmed in the opinions of RAC and SEAC, since that definition is comprehensive, covering all types of wetlands (including peatlands, where many waterbirds are also found), and since the Ramsar Convention has also developed a classification system for wetland types to help in the identification of wetlands.

| (25) | Stakeholders should be allowed sufficient time to take appropriate measures to comply with the restriction and Member States should be allowed sufficient time to prepare for its enforcement. Taking into account the views expressed by RAC and SEAC regarding the feasibility and appropriateness of a shorter period than the three years proposed by the Agency, and taking account particularly of the estimated impact each year of introducing more lead into wetlands through the use of lead gunshot, application of the restriction should be deferred for 24 months. |
| --- | --- |

(25)

Stakeholders should be allowed sufficient time to take appropriate measures to comply with the restriction and Member States should be allowed sufficient time to prepare for its enforcement. Taking into account the views expressed by RAC and SEAC regarding the feasibility and appropriateness of a shorter period than the three years proposed by the Agency, and taking account particularly of the estimated impact each year of introducing more lead into wetlands through the use of lead gunshot, application of the restriction should be deferred for 24 months.

| (26) | In September 2018, the Agency published the results of an investigation report (6) reviewing the available information on various uses of lead including, among other things, in gunshot used in terrains outside of wetlands, namely terrestrial environments. Since the investigation report found, inter alia, that the available information suggested that the use of lead gunshot in terrestrial environments posed a risk to both human health and the environment, the Commission requested the Agency in 2019 to prepare an Annex XV dossier with a view to a possible restriction on the placing on the market and use of lead in ammunition and in fishing tackle (7). |
| --- | --- |

(26)

In September 2018, the Agency published the results of an investigation report (6) reviewing the available information on various uses of lead including, among other things, in gunshot used in terrains outside of wetlands, namely terrestrial environments. Since the investigation report found, inter alia, that the available information suggested that the use of lead gunshot in terrestrial environments posed a risk to both human health and the environment, the Commission requested the Agency in 2019 to prepare an Annex XV dossier with a view to a possible restriction on the placing on the market and use of lead in ammunition and in fishing tackle (7).

| (27) | Moreover, in their opinions on the Annex XV dossier on the use of lead in gunshot for shooting in wetlands, RAC and SEAC indicated their agreement with the Agency’s view that a ban on the placing on the market and use of lead gunshot in all terrains would result in a higher level of environmental protection and would be more effective from the point of view of practicality and enforceability. |
| --- | --- |

(27)

Moreover, in their opinions on the Annex XV dossier on the use of lead in gunshot for shooting in wetlands, RAC and SEAC indicated their agreement with the Agency’s view that a ban on the placing on the market and use of lead gunshot in all terrains would result in a higher level of environmental protection and would be more effective from the point of view of practicality and enforceability.

| (28) | In some Member States, the restriction introduced by this Regulation may give rise to particular difficulties due to the specific geographical conditions in those Member States. For Member States with a significant proportion of wetlands in their territory, a ban on discharging and carrying of lead gunshot in and around wetlands could in practice have a similar effect to a total ban on all shooting across the whole territory since hunters of all kinds would almost inevitably find themselves frequently in or near wetlands. Moreover, the resources that would have to be devoted to the enforcement of a restriction targeted only at areas in and around wetlands may not be much smaller, and may indeed be greater, than the resources needed to enforce a restriction covering their territory as a whole. |
| --- | --- |

(28)

In some Member States, the restriction introduced by this Regulation may give rise to particular difficulties due to the specific geographical conditions in those Member States. For Member States with a significant proportion of wetlands in their territory, a ban on discharging and carrying of lead gunshot in and around wetlands could in practice have a similar effect to a total ban on all shooting across the whole territory since hunters of all kinds would almost inevitably find themselves frequently in or near wetlands. Moreover, the resources that would have to be devoted to the enforcement of a restriction targeted only at areas in and around wetlands may not be much smaller, and may indeed be greater, than the resources needed to enforce a restriction covering their territory as a whole.

| (29) | Given the difficulties described, the need for the measure to be not only effective, but also simple and fair on the hunting community as a whole, and also the results of the Agency’s investigation report and the views of RAC and SEAC, the Commission considers that those Member States where such difficulties are likely to arise should be given the option to impose a different restriction in their territory which would prohibit both the placing on the market of lead gunshot, and also the discharging of and carrying lead gunshot throughout their territory, whether in wetlands or elsewhere, in connection with any type of shooting. |
| --- | --- |

(29)

Given the difficulties described, the need for the measure to be not only effective, but also simple and fair on the hunting community as a whole, and also the results of the Agency’s investigation report and the views of RAC and SEAC, the Commission considers that those Member States where such difficulties are likely to arise should be given the option to impose a different restriction in their territory which would prohibit both the placing on the market of lead gunshot, and also the discharging of and carrying lead gunshot throughout their territory, whether in wetlands or elsewhere, in connection with any type of shooting.

| (30) | In the interests of legal certainty, it is important to identify clearly the Member States who are to be eligible to make use of that option. The option should be available to those Member States where at least 20 % of their territory is made up of wetland areas. A 20 % threshold should cover those Member States who are likely to experience the difficulties due to the specific geographical conditions. |
| --- | --- |

(30)

In the interests of legal certainty, it is important to identify clearly the Member States who are to be eligible to make use of that option. The option should be available to those Member States where at least 20 % of their territory is made up of wetland areas. A 20 % threshold should cover those Member States who are likely to experience the difficulties due to the specific geographical conditions.

| (31) | Since the restriction that could be imposed by those Member States would be more stringent than the one limited to areas in and around wetlands, it is appropriate to set a longer period for the introduction of that restriction. That period should be set at 36 months, which corresponds to the period originally suggested by the Agency in the Annex XV dossier. |
| --- | --- |

(31)

Since the restriction that could be imposed by those Member States would be more stringent than the one limited to areas in and around wetlands, it is appropriate to set a longer period for the introduction of that restriction. That period should be set at 36 months, which corresponds to the period originally suggested by the Agency in the Annex XV dossier.

| (32) | For reasons of transparency and legal certainty, the Member States making use of the option should be required to notify the Commission of their intention and to communicate the measures adopted by them to give effect to it within certain deadlines, and the Commission should make the notices of intention as well as texts of the adopted national measures publicly available without delay. |
| --- | --- |

(32)

For reasons of transparency and legal certainty, the Member States making use of the option should be required to notify the Commission of their intention and to communicate the measures adopted by them to give effect to it within certain deadlines, and the Commission should make the notices of intention as well as texts of the adopted national measures publicly available without delay.

| (33) | A number of Member States have in place national provisions prohibiting or restricting lead in gunshot for the protection of the environment or human health in a more severe manner than laid down in this Regulation. Forcing those Member States to reduce the existing level of protection in order to comply with this Regulation might lead to the increase of use of lead in gunshot in those Member States. Such a result would not be compatible with the high level of protection required by Article 114(3) of the Treaty. Member States should therefore be allowed to maintain such stricter provisions. |
| --- | --- |

(33)

A number of Member States have in place national provisions prohibiting or restricting lead in gunshot for the protection of the environment or human health in a more severe manner than laid down in this Regulation. Forcing those Member States to reduce the existing level of protection in order to comply with this Regulation might lead to the increase of use of lead in gunshot in those Member States. Such a result would not be compatible with the high level of protection required by Article 114(3) of the Treaty. Member States should therefore be allowed to maintain such stricter provisions.

| (34) | Regulation (EC) No 1907/2006 should therefore be amended accordingly. |
| --- | --- |

(34)

Regulation (EC) No 1907/2006 should therefore be amended accordingly.

| (35) | The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 133 of Regulation (EC) No 1907/2006, |
| --- | --- |

(35)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 133 of Regulation (EC) No 1907/2006,

HAS ADOPTED THIS REGULATION:

Article 1

Annex XVII to Regulation (EC) No 1907/2006 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 25 January 2021.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  OJ L 396, 30.12.2006, p. 1.

1

(2)  https://www.unep-aewa.org/sites/default/files/basic_page_documents/agreement_text_english_final.pdf

2

(3)  Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).

3

(4)  https://echa.europa.eu/documents/10162/6ef877d5-94b7-a8f8-1c49-8c07c894fff7

4

(5)  https://echa.europa.eu/documents/10162/b092e670-3266-fb5d-6296-544eaccb5d4a

5

(6)  https://echa.europa.eu/documents/10162/13641/lead_ammunition_investigation_report_en.pdf/efdc0ae4-c7be-ee71-48a3-bb8abe20374a

6

(7)  https://echa.europa.eu/documents/10162/13641/rest_lead_ammunition_COM_request_en.pdf/f607c957-807a-3b7c-07ae-01151001d939

7

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ANNEX

In Annex XVII to Regulation (EC) No 1907/2006, in entry 63, the following paragraphs are added in the second column:

| | ‘11. | Doing either of the following acts after 15 February 2023 in or within 100 metres of wetlands is prohibited:






  (a) | discharging gunshot containing a concentration of lead (expressed as metal) equal to or greater than 1 % by weight; |
| --- | --- | --- | --- |

‘11.

Doing either of the following acts after 15 February 2023 in or within 100 metres of wetlands is prohibited:

(a)

discharging gunshot containing a concentration of lead (expressed as metal) equal to or greater than 1 % by weight;

| (b) | carrying any such gunshot where this occurs while out wetland shooting or as part of going wetland shooting. |
| --- | --- |

(b)

carrying any such gunshot where this occurs while out wetland shooting or as part of going wetland shooting.

For the purposes of the first subparagraph:

| (a) | “within 100 metres of wetlands” means within 100 metres outward from any outer boundary point of a wetland; |
| --- | --- |

(a)

“within 100 metres of wetlands” means within 100 metres outward from any outer boundary point of a wetland;

| (b) | “wetland shooting” means shooting in or within 100 metres of wetlands; |
| --- | --- |

(b)

“wetland shooting” means shooting in or within 100 metres of wetlands;

| (c) | if a person is found carrying gunshot in or within 100 metres of wetlands while out shooting or as part of going shooting, the shooting concerned shall be presumed to be wetland shooting unless that person can demonstrate that it was some other type of shooting. |
| --- | --- |

(c)

if a person is found carrying gunshot in or within 100 metres of wetlands while out shooting or as part of going shooting, the shooting concerned shall be presumed to be wetland shooting unless that person can demonstrate that it was some other type of shooting.

The restriction laid down in the first subparagraph shall not apply in a Member State if that Member State notifies the Commission in accordance with paragraph 12 that it intends to make use of the option granted by that paragraph.

| 12. | If at least 20 % in total of the territory, excluding the territorial waters, of a Member State are wetlands, that Member State may, in place of the restriction laid down in the first subparagraph of paragraph 11, prohibit the following acts throughout the whole of its territory from 15 February 2024:






  (a) | the placing on the market of gunshot containing a concentration of lead (expressed as metal) equal to or greater than 1 % by weight; |
| --- | --- | --- |

12.

If at least 20 % in total of the territory, excluding the territorial waters, of a Member State are wetlands, that Member State may, in place of the restriction laid down in the first subparagraph of paragraph 11, prohibit the following acts throughout the whole of its territory from 15 February 2024:

(a)

the placing on the market of gunshot containing a concentration of lead (expressed as metal) equal to or greater than 1 % by weight;

| (b) | the discharging of any such gunshot; |
| --- | --- |

(b)

the discharging of any such gunshot;

| (c) | carrying any such gunshot while out shooting or as part of going shooting. |
| --- | --- |

(c)

carrying any such gunshot while out shooting or as part of going shooting.

Any Member State intending to make use of the option granted by the first subparagraph shall notify the Commission of this intention by 15 August 2021. The Member State shall communicate the text of the national measures adopted by it to the Commission without delay and in any event by 15 August 2023. The Commission shall make publicly available without delay any such notices of intention and texts of national measures received by it.

| 13. | For the purposes of paragraphs 11 and 12:






  (a) | “wetlands” means areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed 6 metres; |
| --- | --- | --- |

13.

For the purposes of paragraphs 11 and 12:

(a)

“wetlands” means areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed 6 metres;

| (b) | “gunshot” means pellets used or intended for use in a single charge or cartridge in a shotgun; |
| --- | --- |

(b)

“gunshot” means pellets used or intended for use in a single charge or cartridge in a shotgun;

| (c) | “shotgun” means a smooth-bore gun, excluding airguns; |
| --- | --- |

(c)

“shotgun” means a smooth-bore gun, excluding airguns;

| (d) | “shooting” means any shooting with a shotgun; |
| --- | --- |

(d)

“shooting” means any shooting with a shotgun;

| (e) | “carrying” means any carrying on the person or carrying or transporting by any other means; |
| --- | --- |

(e)

“carrying” means any carrying on the person or carrying or transporting by any other means;

| (f) | in determining whether a person found with gunshot is carrying gunshot “as part of going shooting”:






  (i) | regard shall be had to all the circumstances of the case; |
| --- | --- | --- |

(f)

in determining whether a person found with gunshot is carrying gunshot “as part of going shooting”:

(i)

regard shall be had to all the circumstances of the case;

| (ii) | the person found with the gunshot need not necessarily be the same person as the person shooting. |
| --- | --- |

(ii)

the person found with the gunshot need not necessarily be the same person as the person shooting.

| 14. | Member States may maintain national provisions for protection of the environment or human health in force on 15 February 2021 and restricting lead in gunshot more severely than provided for in paragraph 11.
  The Member State shall communicate the text of those national provisions to the Commission without delay. The Commission shall make publicly available without delay any such texts of national provisions received by it.’ |
| --- | --- |

14.

Member States may maintain national provisions for protection of the environment or human health in force on 15 February 2021 and restricting lead in gunshot more severely than provided for in paragraph 11.

The Member State shall communicate the text of those national provisions to the Commission without delay. The Commission shall make publicly available without delay any such texts of national provisions received by it.’

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