COMMISSION DECISION
of 1 April 2008
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(2008) 1202)
(2008/323/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)
Council Regulation (EC) No 1559/2007 (2) establishes a multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and the Mediterranean as recommended by the International Commission for the Conservation of the Atlantic Tunas (ICCAT).
(2)
To ensure the success of the multi-annual recovery plan, it is necessary to establish a specific control and inspection programme involving France, Portugal, Spain, Italy, Malta, Cyprus and Greece, with the objective of guaranteeing an appropriate level of implementation of the conservation and control measures applicable to fishing activities in relation to the recovery of bluefin tuna stocks.
(3)
That specific control and inspection programme should be set up for the period from 1 April to 31 December 2008. The results obtained by the application of the specific control and inspection programme should be periodically evaluated in cooperation with the Member States concerned.
(4)
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.
(5)
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 (3), 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.
(6)
Joint inspection and surveillance activities should be carried out in accordance with joint deployment plans established by the Community Fisheries Control Agency set up by Council Regulation (EC) No 768/2005 (4).
(7)
The measures provided for in this Decision have been established in concert with the Member States concerned.
(8)
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 set up by Regulation (EC) No 1559/2007 for bluefin tuna in the Eastern Atlantic and the Mediterranean.
Article 2
Scope
1. The specific control and inspection programme shall cover:
(a)
all fishing activities by vessels and traps catching bluefin tuna in the Eastern Atlantic and the Mediterranean;
(b)
all landings, transfers and transhipments of bluefin tuna caught in the Eastern Atlantic and the Mediterranean;
(c)
all related activities of farms and enterprises engaged in caging 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 referred to in Article 4 of Regulation (EC) No 1559/2007;
(e)
the prohibition to use spotting aircrafts and helicopters established in Article 6 of Regulation (EC) No 1559/2007;
(f)
the sport and recreational fisheries as referred to in Articles 10 and 11 of Regulation (EC) No 1559/2007;
(g)
the implementation of the ICCAT Scheme of Joint International Inspection as referred to in Article 24 of Regulation (EC) No 1559/2007.
2. The specific control and inspection programme shall apply from 1 April to 31 December 2008.
Article 3
National control programmes
1. France, Portugal, Spain, Italy, Malta, Cyprus, Greece 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 1 April 2008 their national control programme and the annual implementation schedule.
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 Council 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.
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.
3. Commission inspectors may participate in joint inspection and surveillance activities.
Article 7
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 are established.
2. Where 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 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 8
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. Reports shall include an explanation if no action has been taken.
Article 9
Evaluation
The Commission shall convene every two months a meeting of the Committee for Fisheries and Aquaculture to evaluate the compliance with and results of the specific control and inspection programme.
Article 10
Addresses
This Decision is addressed to the Member States.
Done at Brussels, 1 April 2008.