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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC)No 858/94
of 12 April 1994
introducing a system for the statistical monitoring of trade in bluefin tuna (Thunnus thynnus)
within the Community
(OJ L 99, 19.4.1994, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 1446/1999 of 24 June 1999 L167 1 2.7.1999
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COUNCIL REGULATION (EC)No 858/94
of 12 April 1994
introducing a system for the statistical monitoring of trade in
bluefin tuna (Thunnus thynnus)within the Community
THE COUNCIL OF THE EUROPEAN UNION,
HavingregardtotheTreatyestablishingtheEuropeanCommunity,andin particular Article 43 thereof,
Having regard to the proposal from the Commission(
1),
Having regard to the opinion of the European Parliament(2),
Whereasthereshouldbeanappropriatepolicyforthemanagementand
conservation of tuna in the Atlantic Ocean and adjacent seas; whereasthe International Convention for the conservation of atlantic tunas,hereinafter referred to as the ‘Iccat Convention',which came into forceon 21 March 1969, is the appropriate international forum for develop-ment of that policy;
Whereas, by Council Decision 86/238/EEC of 9 June 1986(
3), the
CommunityapproveditsaccessiontotheIccatConvention,asamendedby the Protocol annexed to the Final Act of the Conference of Plenipo-tentaries of the States Parties to the Convention signed at Paris on 10July1984;whereastheCommunityparticipatesintheworkoftheIccatonly as an observer, pending completion of ratification procedures;
Whereas, in the context of measures to regulate stocks of bluefin tuna,
at its eighth extraordinary meeting, held in Madrid from 8 to 13November 1992, the Iccat adopted a resolution designed to makecompulsorythepresentationofastatisticaldocumentwhenbluefintunaare imported into the territory of a Contracting Party; whereas thatresolution states that the document is to be drawn up by the countrywhose flag the vessel making the catch is flying;
Whereas those Community Member States which are currently parties
to the Iccat Convention are required to respect and apply Iccat resolu-tions; whereas, for the sound operation of the internal market and inorder to ensure the uniform application throughout the Community ofthis resolution, appropriate rules must be adopted at Community level;
Whereas those Community rules should provide for the recording of
certain details on catches and for the issuing of a statistical documentcontaining certain information; whereas that document should becompleted by the appropriate operators and be presented and checkedwhenbluefintunaisenteredforfreecirculationinthecustomsterritoryof the Community;
Whereas Council Regulation (EEC) No 2847/93 of 12 October 1993
establishing a control system applicable to the common fisheriespolicy(
4),and,inparticular,Article31thereof,providesforsanctionsto
be imposed when Community measures adopted under the commonfisheries policy are infringed;
Whereas the statistical information obtained under this system must be
sent to the Commission so that it can forward the information to theIccat Commission,
(1) OJ No C 174, 25. 6. 1993, p. 11.
(2) OJ No C 268, 4. 10. 1993, p. 191.
(3) OJ No L 162, 18. 6. 1986, p. 33.
(4) OJ No L 261, 20. 10. 1993, p. 1.
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HAS ADOPTED THIS REGULATION:
Article 1
The following shall be subject to the rules on statistical recording laid
down in this Regulation:
— catches of bluefin tuna (Thunnus thynnus) by a Community vessel
or Community producer,
— the entry for free circulation (including direct landings) in the
Community of bluefin tuna (Thunnus thynnus) falling within CNcodes 030239 and 030349 coming from third countries.
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— re-exports to third countries of bluefin tuna ( Thunnus thynnus )
falling within CN codes ex 030239, ex 030349, ex 03042045,ex 16041416 and ex 16041418.
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Article 2
1. Any quantity of bluefin tuna caught by a Community vessel or
taken by a Community producer must be recorded for statisticalpurposes.
2. TheMemberStatesconcernedshalllaydownthepracticalproced-
uresfortherecordingreferredtoinparagraph1whichmustincludethefollowing details:
— the name of the vessel or, where the catch has not been made by a
vessel, the name of the producer,
— theplaceofthecatch:EastAtlantic,WestAtlantic(accordingtothe
geographicaldivisionestablishedinpoint1ofAnnexII),Mediterra-nean, other,
— thetypeoffishinggearused,accordingtothegearcodeestablished
in point 3 of Annex II,
— the quantity (live weight in tonnes, including discards),— thesignatureofthemasterortheshipowneror,wherethecatchhas
not been made by a vessel, of the producer.
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Article 2a
1. Allquantitiesofbluefintunacaughtbyavesselflyingtheflagof
a Member State and exported to a third country shall be accompaniedby the statistical document in Annex I.
2. Statistical documents drawn up pursuant to paragraph 1 may be
authenticated by the competent authorities of the Member States whoseflagthevesselsfliesorbythoseofadifferentMemberStatewheretheproductsconcernedarelanded,providedthecorrespondingquantitiesofbluefin tuna are exported outside the Community from the territory ofthe Member State of landing.
3. Without prejudice to Article 5(1), Member States which authenti-
cate statistical documents pursuant to paragraph 1 shall inform theMemberStatewhoseflagthevesselsfliesbyforwardingtothemacopyofthedocumentstheyhaveauthenticatedwithintwomonthsofthedateof authentication.
4. Once this Regulation enters into force, each Member State shall
communicate to the Commission the information on its competentauthoritiesreferredtoinparagraph2;theCommissionshallforwardthisinformation to the other Member States.
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Article 3
1. Anyquantitiesofbluefintunacomingfromthirdcountries,which
are entered for free circulation (including direct landings) on theCommunity market must be accompanied by the statistical documentshown in Annex I.
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2. The statistical document shall be completed and signed, on behalf
ofthepartiesconcerned,bytherelevantoperators,whoshallberespon-sible for the statements made.
Itmustbeauthenticatedbyadulyauthorizedofficialoftheflagcountry
of the vessel which has caught the bluefin tuna or, where the catch hasnot been made by a vessel, of the country in the territorial waters ofwhich the catch was made. However, for the third countries listed inpoint2ofAnnexII,authenticationmaybecarriedoutbyanauthorizedinstitution, for example a Chamber of Commerce.
3. Such statistical documents shall be supplied to the competent
authorities of the Member State where the product is entered for freecirculation.
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4. AllquantitiesofbluefintunaimportedintotheCommunitymarketafter having been re-exported by a third country must be accompaniedby a re-export licence in accordance with Annex III.
The re-export licence must have been completed, signed and authenti-
cated in accordance with the procedures laid down in paragraph 2 forthe statistical document; it shall then be supplied to the competentauthorities of the Member State where the product is imported.
Article 3a
1. All quantities of bluefin tuna re-exported to a third country after
having been imported into the Community must be accompanied by are-export licence in accordance with Annex III.
2. Thesectionsofthere-exportlicencewhichconcernthemshallbe
completed and signed by the relevant traders, who shall be responsiblefor the statements made. Re-export licences must be accompanied by aduly authenticated copy of the original statistical document as referredto in Article 3.
3. Re-exportlicencesshallbeauthenticatedbythecompetentauthor-
ities of the Member State from which the re-export is to take place.
4. Re-exports of bluefin tuna which have already been re-exported
shall require a new re-export licence to be drawn up and authenticated;insuchcases,thedulyauthenticatedcopiesofthestatisticaldocumentsand the original re-export licences accompanying the product must beattached to the new licence.
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Article 4
Article31(1),(2)and(3)ofRegulation(EEC)No2847/93shallapply
where the measures laid down in Articles 2 and 3 have not beencomplied with.
Article 5
1. By the end of August for the first half-year and by the end of
February for the second half-year, Member States shall send theCommission the following information:
— the quantities of bluefin tuna for the half-year caught by a
Community fishing vessel or taken by a Community producer,broken down by place of catch and type of fishing gear used,
— the quantities of each commercial presentation of bluefin tuna
enteredeachhalf-yearforfreecirculation(includingdirectlandings)in its territory, broken down by third country of origin, place ofcatch, and type of fishing gear used.
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— the quantities of each commercial presentation of bluefin tuna
enteredeachhalf-yearforfreecirculationinitsterritoryafterhavingbeen re-exported from a third country, broken down by country oforigin.
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2. The Commission shall forward the information referred to in
paragraph 1 to the Iccat.
Article 6
This Regulation shall enter into force on 1 July 1994.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
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ANNEX I

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ANNEX II
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ANNEX III