COMMISSION DECISION
of 25 March 2009
establishing a specific control and inspection programme related to the recovery of bluefin tuna in the eastern Atlantic and the Mediterranean
(notified under document number C(2009) 2032)
(2009/296/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), and in particular Article 34c(1) thereof,
Whereas:
(1)
The International Commission for the Conservation of the Atlantic Tunas (ICCAT) has adopted in 2006 a multi-annual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean (Recommendation 06-05), which entered into force on 13 June 2007. That Recovery Plan was transposed into European Community (EC) legislation on a temporary basis by way of Council Regulation (EC) No 643/2007 (2) and on a permanent basis by way of Council Regulation (EC) No 1559/2007 (3).
(2)
The ICCAT Recommendation 08-05 adopted on 24 November 2008 amending Recommendation 06-05 to establish a multi-annual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean contains important modifications. Those modifications have been incorporated in the proposal for transposition into Community law of Recommendation 08-05, which has been transmitted by the Commission to the Council and Parliament.
(3)
To ensure the success of the multi-annual recovery plan, it is necessary to establish a specific control and inspection programme involving Greece, Spain, France, Italy, Cyprus, Malta and Portugal, with the objective guaranteeing an appropriate level of implementation of the conservation and control measures applicable to fishing activities in relation to the recovery of the bluefin tuna stock.
(4)
That specific control and inspection programme should be set up for the period from 15 March 2009 to 15 March 2011. The results obtained by the application of the specific control and inspection programme should be periodically evaluated in cooperation with the Member States concerned.
(5)
In order to harmonise the control and inspection of the bluefin tuna fishery at Community level, it is appropriate to draw up common rules for the control and inspection activities to be carried out by the competent authorities of the Member States concerned, and that Member States adopt national control programmes in order to match such common rules. To that end, benchmarks for the intensity of control and inspection activities should be fixed, as well as control and inspection priorities and procedures.
(6)
To ensure the follow-up of infringements in accordance with Article 25 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (4), a framework should be set up under which all the authorities concerned may request mutual assistance and exchange relevant information in accordance with Articles 34a and 34b of Regulation (EEC) No 2847/93 and Article 28 of Regulation (EC) No 2371/2002.
(7)
Joint inspection and surveillance activities should be carried out in accordance with joint deployment plans established by the Community Fisheries Control Agency (CFCA) set up by Council Regulation (EC) No 768/2005 (5).
(8)
The measures provided for in this Decision have been established in concert with the Member States concerned.
(9)
The measures provided for in this Decision are in accordance with the opinion of the Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS DECISION:
Article 1
Subject-matter
This Decision establishes a specific control and inspection programme in order to ensure the harmonised implementation of the multi-annual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean adopted by ICCAT on 24 November 2008.
Article 2
Scope
1. The specific control and inspection programme related to the bluefin tuna in the eastern Atlantic and Mediterranean Sea shall cover:
(a)
all fishing activities by fishing vessels, traps and farms;
(b)
all catches, landings, transfers, transhipments and caging operations;
(c)
all related activities of farms and enterprises engaged in caging, fattening, farming or processing of bluefin tuna and/or in trade of bluefin tuna products, including importation, exportation and re-exportation, transport and storage;
(d)
the implementation of the annual fishing plans;
(e)
the prohibition to use spotting aircraft and helicopters;
(f)
the sport and recreational fisheries;
(g)
the implementation of the ICCAT Scheme of Joint International Inspection;
(h)
the monitoring and follow-up of joint fishing operations;
(i)
the implementation of the measures on fishing and farming capacities;
(j)
the implementation of the Member States’ observer programme and the ICCAT regional observer programme;
(k)
the implementation of the rules on recording of authorised catching vessels and other fishing vessels.
2. The specific control and inspection programme shall apply from 15 March 2009 to 15 March 2011.
Article 3
National control programmes
1. Greece, Spain, France, Italy, Cyprus, Malta and Portugal shall establish national control programmes, in accordance with the common rules set out in Annex I, as regards the activities listed in Article 2.
2. The Member States referred to in paragraph 1 shall submit to the Commission by 15 March 2009 and 2010 their national control programmes and the annual implementation schedules.
3. National control programmes shall contain all the data listed in Annex II. The annual implementation schedules shall include details as regards the human and material resources allocated and the zones where those resources are to be deployed.
Article 4
Cooperation between Member States
All Member States shall cooperate with the Member States referred to in Article 3(1) for the implementation of the specific control and inspection programme.
Article 5
Commission inspections
1. Inspections may be carried out by Commission inspectors without the assistance of inspectors of the Member States concerned, in accordance with Article 27 of Regulation (EC) No 2371/2002.
2. The competent authority of the Member State concerned shall provide the Commission inspectors with the assistance necessary to conduct the inspections provided for in paragraph 1.
3. The Commission inspectors shall verify their findings with the inspectors of the Member State concerned. To that end, they shall meet after each of their inspection visits with officials of the competent authority of the Member State concerned in order to brief them as to their findings.
Article 6
Joint inspection and surveillance activities
1. The Member States referred to in Article 3(1) shall undertake joint inspection and surveillance activities in accordance with the Joint Deployment Plan established by the Community Fisheries Control Agency on the basis of Article 12 of Regulation (EC) No 768/2005. The conduct of inspection shall be in accordance with the provisions of Recommendation 08-05, the ICCAT Scheme of Joint International Inspection and Annex I to this Decision.
2. For that purpose, the Member States concerned shall:
(a)
ensure that inspectors from other Member States concerned are invited to participate in joint inspection and surveillance activities;
(b)
establish joint operational procedures applicable to their surveillance crafts.
Article 7
Notification of surveillance and inspection activities
A Member State that intends to conduct surveillance and inspect fishing vessels in the waters under the jurisdiction of another Member State, in the framework of a Joint Deployment Plan established in accordance with Article 12 of Regulation (EC) No 768/2005, shall notify its intentions to the contact point of the coastal Member State concerned, referred to in Article 3 of Commission Regulation (EC) No 1042/2006 (6), and to the Community Fisheries Control Agency. The notification shall contain the following information:
(a)
type, name and call sign of the inspection vessels and inspection aircraft on the basis of the list referred to in Article 28(4) of Regulation (EC) No 2371/2002;
(b)
the areas, as referred to in Article 1, where the surveillance and inspection will be carried out;
(c)
the duration of the surveillance and inspection activities.
Article 8
Infringements
1. Member States whose inspectors discover any infringement while carrying out an inspection of the activities listed in Article 2, shall inform the following States of the date of inspection and the details of the infringement:
(a)
the relevant flag Member State and/or ICCAT Contracting Party, and, where appropriate;
(b)
the Member State where the farming installation or the enterprise engaged in the processing and/or trade of bluefin tuna products is established.
2. When the Member State whose inspectors discovered the infringement does not take further action, the Member States informed under paragraph 1 shall take prompt action as appropriate to receive and consider the evidence of the infringement. They shall conduct any further investigation as necessary for the follow-up of the infringement.
3. Member States whose inspectors observe an activity or condition that may constitute a serious infringement, as defined in Recommendation 08-05, shall immediately notify the flag authorities of the fishing vessel, directly as well as through the ICCAT Secretariat and the Commission.
4. In case a serious infringement, as defined in Recommendation 08-05, is discovered onboard a Community fishing vessel, the flag Member State shall ensure that, following the inspection, the fishing vessel flying its flag ceases all fishing activities. The flag Member State shall require the fishing vessel to proceed immediately to a port designated by it and where an investigation shall be initiated. If the fishing vessel is not called to port, the flag Member State shall provide due justification in a timely manner to the Commission. The Commission shall forward that information to the ICCAT Executive Secretariat, who shall make it available to other Contracting Parties.
5. Member States shall cooperate to ensure that, if prosecution of an infringement is transferred to the Member State of registration in accordance with Article 31(4) of Regulation (EEC) No 2847/93, the security and continuity of any evidence of the infringement cited by its inspectors is guaranteed in each case.
Article 9
Information
1. The Member States referred to in Article 3(1) shall communicate to the Commission, by the end of every month, the following information concerning that month:
(a)
the inspection and control activities carried out;
(b)
all infringements, including for each infringement the identification of:
(i)
the fishing vessel (name, flag and external identification code), the trap, the farm or the enterprise engaged in the processing and/or trade of bluefin tuna products concerned;
(ii)
the date, time and location of the inspection; and
(iii)
the nature of the infringement;
(c)
the current state of play concerning the follow-up of infringements detected;
(d)
any relevant coordination and cooperation actions between Member States.
2. An infringement shall continue to be listed on each subsequent report until the action is concluded under the laws of the Member State concerned. Each subsequent report shall:
(a)
indicate the current status of the case (e.g. case pending, under appeal, still under investigation); and
(b)
describe in specific terms any penalties imposed (e.g. level of fines, value of forfeited fish and/or gear, written warning given).
3. If an infringement is detected by a Community inspector onboard a vessel flying the flag of another Member State, the flag Member State authorities shall inform without delay that Community inspector about the follow-up given to the infringement.
4. Reports shall include an explanation if no action has been taken.
Article 10
Evaluation
The Commission shall convene once a year, in early September, a meeting of the Committee for Fisheries and Aquaculture to evaluate the compliance with and the results of the specific control and inspection programme with a view to prepare the report the Community is required to provide to the ICCAT Secretariat on 15 October each year.
Article 11
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 25 March 2009.