COMMISSION DECISION
of 29 March 2011
establishing a specific control and inspection programme related to the recovery of bluefin tuna in the eastern Atlantic and the Mediterranean
(notified under document C(2011) 1984)
(2011/207/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 95 thereof,
Whereas:
(1)
In 2006 the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean. That plan was transposed into Union law by Council Regulation (EC) No 1559/2007 (2).
(2)
ICCAT amended the recovery plan on 24 November 2008 by Recommendation 08-05. The plan thus amended was transposed into Union law by Council Regulation (EC) No 302/2009 (3).
(3)
To ensure the success full implementation of the amended multiannual recovery plan, Commission Decision 2009/296/EC (4) established a specific control and inspection programme covering a period of two years, from 15 March 2009 to 15 March 2011.
(4)
The specific control and inspection programme related to the recovery of bluefin tuna in the eastern Atlantic and the Mediterranean, as established by Decision 2009/296/EC, is to expire on the 15 March 2011. A new Commission Decision should be adopted with a view of ensuring the continuity of that programme and implementing immediately certain provisions of ICCAT Recommendation 10-04, notably those on the early submission of required fishing and inspection plans.
(5)
The new specific control and inspection programme should be set up for the period from 15 March 2011 to 15 March 2014. The results obtained through its application should be periodically evaluated in cooperation with the Member States concerned.
(6)
In order to harmonise the control and inspection of the bluefin tuna fishery at Union 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 action programmes in order to comply with 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.
(7)
To ensure the follow-up of infringements, this Decision should set up amongst others, the procedures under which the authorities concerned may exchange relevant information in accordance with Article 117 of Regulation (EC) No 1224/2009.
(8)
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).
(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:
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Decision establishes a specific control and inspection programme in order to ensure the harmonised implementation of the multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT) in 2006 as transposed by Regulation (EC) No 302/2009 as last amended by ICCAT Recommendation 10-04 of 27 November 2010.
Article 2
Temporal and territorial scope
The specific control and inspection programme shall apply until 15 March 2014 in the ICCAT Convention area.
Article 3
Material scope
The specific control and inspection programme shall cover the following activities:
1.
all fishing activities, including by-catches, by fishing vessels and traps, including joint fishing operations;
2.
all catches, landings, transfers, transhipments and caging operations;
3.
all related activities of farms and operators engaged in caging, fattening, farming, harvesting or processing of bluefin tuna and/or in trade of bluefin tuna products, including domestic trade, importation, exportation and re-exportation, transport and storage;
4.
sport and recreational fisheries.
CHAPTER II
OBJECTIVES, PRIORITIES, BENCHMARKS AND PROCEDURES
Article 4
Objectives
Control and inspection activities shall aim at ensuring compliance with the following provisions:
1.
annual fishing plans, as provided for by Article 4 of Regulation (EC) No 302/2009;
2.
the prohibition to use spotting aircrafts and helicopters, as provided for by Article 8 of Regulation (EC) No 302/2009;
3.
measures on fishing and farming capacities, as provided for by Articles 5 and 6 of Regulation (EC) No 302/2009;
4.
the implementation of any observer programme in the Union, including the Member States’ observer programme, and the ICCAT Regional Observer Programme, as provided for by points 90, 91, 92 and Annex 7 of ICCAT Recommendation 10-04;
5.
rules on recording of authorised catching vessels and other fishing vessels, as provided for by Articles 14 and 15 of Regulation (EC) No 302/2009;
6.
specific technical measures and conditions for fishing for bluefin tuna as provided in ICCAT Recommendation 10-04, in particular minimum size rules and associated conditions;
7.
quantitative restrictions on catches and any specific conditions associated therewith, including the monitoring of quota uptake, as provided for by ICCAT Recommendation 10-04;
8.
documentation rules applicable to bluefin tuna, as provided for by ICCAT Recommendation 10-04.
Article 5
Priorities
Different gear categories shall be subject to different levels of prioritisation, according to the annual fishing plan. For that reason, each Member State shall set specific priorities.
Article 6
Benchmarks
The inspection benchmarks are set out in Annex I.
Article 7
Procedures
Control and inspection activities shall be carried out in accordance with the following procedural provisions:
1.
the ICCAT Scheme of Joint International Inspection, as provided for by points 99, 100, 101 and Annex 8 of ICCAT Recommendation 10-04;
2.
the methodology of inspection as provided for by ICCAT Recommendation 10-04, and in particular its Annex 8;
3.
the procedures to be followed by officials as laid down the Annex II to this Decision;
4.
the procedures to be followed by Member States as laid down in Articles 8 to 13 of this Decision.
Article 8
Joint procedures
Member States referred to in Article 12 shall ensure that officials from other Member States concerned are invited to participate in joint inspection and surveillance activities and establish joint operational procedures applicable to their surveillance crafts.
Article 9
Notification of surveillance and inspection activities
1. A Member State intending 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 shall notify its intentions to the contact point of the coastal Member State concerned, as referred to in Article 3 of Commission Regulation (EC) No 1042/2006 (6), and to the CFCA.
2. The notification referred to in paragraph 1 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 6 of Regulation (EC) No 1042/2006;
(b)
the areas where the surveillance and inspection operations shall be carried out;
(c)
the duration of the surveillance and inspection activities.
Article 10
Information of infringements
In addition to Articles 82 and 83 of Regulation (EC) No 1224/2009, Member States whose officials detect any infringement while carrying out an inspection of the activities listed in Article 3 shall inform without delay the third country and the Commission of the date of inspection and the details of the infringement.
Article 11
Immediate enforcement measures in case of serious infringements
1. If a serious infringement is discovered onboard a Union fishing vessel, the flag Member State shall ensure that, following the inspection, the fishing vessel flying its flag ceases all fishing activities and shall inform the Commission in a timely manner.
2. If the Union fishing vessel is not called to port, the flag Member State shall provide due justification to the Commission within 72 hours.
CHAPTER III
IMPLEMENTATION
Article 12
National control action programmes
1. The specific control and inspection programme shall be implemented through the national control action programmes, as referred to in Article 46 of Regulation (EC) No1224/2009, adopted by Greece, Spain, France, Italy, Cyprus, Malta and Portugal.
2. National control action programmes shall be set up in accordance with the objectives, the priorities, the benchmarks and procedures laid down in this Decision and shall contain all data listed in Annex III.
3. National control action programmes shall be accompanied by annual implementation schedules which shall include details as regards the human and material resources allocated and the zones where those resources are to be deployed. The annual implementation schedules shall take into account the benchmarks set out in Annex I.
4. For the 2012 and 2013 fishing seasons, Member States shall submit their national control action programmes and annual implementation schedules respectively by 15 September 2011 and 2012. They shall make them available on the secure part of their website by the 1 January 2012 and 2013.
Article 13
Cooperation between Member States
All Member States shall cooperate with the Member States referred to in Article 12(1) in the implementation of the specific control and inspection programme.
Article 14
Joint inspection and surveillance activities
Part or the whole of the national control action programmes referred to in Article 12 may be implemented by way of a joint deployment plan adopted by the Community Fisheries Control Agency (CFCA) in accordance with Regulation (EC) No 768/2005.
Article 15
Report on the implementation of national control action programmes
1. Member States referred to in Article 12(1) shall communicate to the Commission and to the CFCA a report indicating the implementation of their national control action programme referred to in Article 12.
2. Interim reports shall be communicated on 1 July and 15 September every year and a final report on the 15 December of the same year.
3. This report shall contain the following information, in accordance with the table set out in Annex II:
(a)
the inspection and control activities carried out on a monthly basis;
(b)
all infringements detected, 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;
(iii)
the nature of the infringement, including information on serious infringements or violations referred to in Articles 10 and 11;
(iv)
the current state of play concerning the follow-up of infringements detected (e.g. case pending, under appeal, still under investigation);
(v)
the description, in specific terms, of any penalties imposed (e.g. level of fines, value of forfeited fish and/or gear, written warning given), together with the supportive documents;
(vi)
an explanation if no action has been taken;
(c)
any relevant coordination and cooperation actions between Member States.
4. An infringement shall continue to be listed on each subsequent report until the action is concluded under the law of the Member State concerned.
Article 16
Additional information
Member States shall provide the Commission with any additional information that may be requested on the implementation of this Decision.
Article 17
Union inspection plan and report
1. Based on the current Decision and on national control action programmes, and after consultation with the Member States, the Commission shall submit the Union inspection plan to the ICCAT Commission one month before its annual meeting according to point 9 of ICCAT Recommendation 10-04.
2. The Commission shall convene once a year 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 Union is required to provide to the ICCAT Secretariat on 15 October each year.
CHAPTER IV
FINAL PROVISIONS
Article 18
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 29 March 2011.