2001R1035 — EN — 05.05.2003 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No1035/2001
of22May2001
establishingacatchdocumentationschemefor Dissostichus spp
(OJ L 145, 31.5.2001, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 669/2003 of 8 April 2003 L 97 1 15.4.2003
▼B
COUNCILREGULATION(EC)No1035/2001
of22May2001
establishingacatchdocumentationschemefor Dissostichus spp .
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 37 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas:
(1)The Convention on the Conservation of Antarctic Marine Living
Resources, hereinafter called ‘the Convention’, was approved byDecision 81/691/EEC (
3) and entered into force with regard to
the Community on 21 May 1982.
(2)The Convention provides a framework for regional cooperation
on the conservation and management of Antarctic marine faunaand flora through the establishment of a Commission for the
conservation of Antarctic marine living resources, hereinafter
called ‘CCAMLR’, and the adoption of conservation measureswhich become binding on the Contracting Parties.
(3)At its eighteenth Annual Meeting in November 1999, CCAMLRadopted conservation measure 170/XVIII establishing a catch
documentation scheme for Dissostichus spp .
(4)The introduction of a catch documentation scheme for Dissosti-
chus spp . is intended to improve monitoring of international
trade in the species and to identify the origins of all Dissostichus
spp. imported from or exported to the territories of the
CCAMLR Contracting Parties.
(5)The catch document should also make it possible to determinewhetherDissostichus spp . has been harvested in the Convention
area in a manner consistent with the CCAMLR conservation
measures and to collect catch data in order to facilitate the scien-tific evaluation of stocks.
(6)Conservation measure 170/XVIII became binding on allContracting Parties on 9 May 2000. The Community should
therefore implement it.
(7)In order to enable CCAMLR to achieve its objective of conser-
ving the species, the obligation to present a catch documentshould be applied in respect of all imports of Dissostichus spp .
(8)The measures necessary for the implementation of this Regula-
tion should be adopted in accordance with Council Decision1999/468/EC of 28 June 1999 laying down the procedures forthe exercise of implementing powers conferred on the Commis-sion(
4),2001R1035 — EN — 05.05.2003 — 001.001 — 2
(1) OJ C 337 E, 28.11.2000, p. 103.
(2) Opinion delivered 28 February 2001 (not yet published in the Official
Journal).
(3) OJ L 252, 5.9.1981, p. 26.
(4) OJ L 184, 17.7.1999, p. 23.
▼B
HAS ADOPTED THIS REGULATION:
CHAPTER I
General provisions
Article 1
Purpose
This Regulation lays down the general rules and conditions governing
the implementation by the Community of the Catch DocumentationScheme for Dissostichus spp . adopted by CCAMLR.
Article 2
Scope
1. This Regulation shall apply to all Dissostichus spp. falling within
TARIC codes 0302 69 8800, 0303 7988 10, 0303 79 8890,0304 20 8810 and 0304 20 8800:
(a) landed or transhipped by Community fishing vessels; or
(b) imported into, or exported or re-exported from the Community.
2. This Regulation shall not apply to by-catches of Dissostichus spp.
taken by trawlers fishing on the high seas outside the CCAMLR area.
For the purpose of this paragraph, a by-catch of Dissostichus spp.
means a quantity of Dissostichus spp. representing no more than 5 %
of the total catch of all species and no more than 50 tonnes for anentire fishing tripby a vessel.
3. The second subparagraph of paragraph 2 may be amended to
apply CCAMLR conservation measures which become obligatory for
the Community, in accordance with the procedure laid down in Article
25(3).
Article 3
Definitions
For the purposes of this Regulation:
(a)‘Dissostichus spp’ : means fish of the species Dissostichus elegi-
noidesandDissostichus mawsoni ;
(b) ‘Catch document’: means a document containing the information
specified in Annex I and presented in accordance with thespecimen shown in Annex II;
(c) ‘CCAMLR area’: means the area of application defined in Article I
of the Convention.
CHAPTER II
ObligationsoftheFlagState
Article 4
Member States shall take all necessary measures to ensure that when-
everDissostichus spp . is landed or transhipped, their flag vessels
authorised to engage in harvesting Dissostichus spp . have duly
completed a catch document.
Article 5
Member States shall take all necessary measures to ensure that each
transhipment of Dissostichus spp . to their flag vessels is accompanied
by a duly completed catch document.2001R1035 — EN — 05.05.2003 — 001.001 — 3
▼M1
▼B
▼B
Article 6
Member States shall provide catch document forms to each of their
flag vessels authorised to harvest Dissostichus spp . and only to those
vessels.
Article 7
Member States shall ensure that each catch document form that they
issue includes a specific identification number as indicated in Annex I.
They shall also enter on each catch document form the number of the
fishing licence or permit authorising to fish Dissostichus spp . they have
issued to their flag vessel.
CHAPTER III
Obligationsofthemaster
Article 8
1. The master of a Community fishing vessel shall ensure that each
landing or transhipment of Dissostichus spp . to or from his vessel is
accompanied by a duly completed catch document.
2. The master of a Community fishing vessel that has received one
or more catch document forms shall follow the following procedures
prior to each landing or transhipment of Dissostichus spp .:
(a) he shall ensure that all the mandatory information listed in Annex I
is accurately recorded on the catch document;
(b) if a landing or transhipment includes catch of both Dissostichus
species, the master shall record on the catch document the esti-mated total weight of the catch to be landed or transhipped andindicate the estimated weight of each species;
(c) if a landing or transhipment includes catch of both Dissostichus
species taken from different subareas and/or statistical divisions,the master shall record on the catch document the estimated weightof each species taken from each subarea and/or statistical division;
(d) the master shall convey to the Flag Member State of the vessel, by
the most rapid electronic means available, the catch document
number, the dates within which the catch was taken, the species,the processing type or types, the estimated weight to be landedand the area or areas of the catch, the date of landing or tranship-ment and the port and country of landing or vessel of transhipmentand shall request from the Flag Member State a confirmation
number.
The implementing rules for this point may be adopted by the
Commission in accordance with the procedure laid down in Article25(2).
Article 9
After having verified, by the use of data reports obtained through an
automated tamper-proof satellite linked vessel monitoring system(VMS), that the area fished and the catch to be landed or transhippedas reported by its vessel is accurately recorded and consistent with itsauthorisation to fish, the Flag Member State shall convey a confirma-
tion number to the master by the most rapid electronic means.
The master shall enter the confirmation number on the catch document.
The implementing rules for this Article may be adopted by the
Commission in accordance with the procedure laid down in Article25(2).2001R1035 — EN — 05.05.2003 — 001.001 — 4
▼M1
▼B
▼B
Article 10
1. Immediately after each landing or transhipment of Dissostichus
spp. the master of a Community fishing vessel or his authorised repre-
sentative who has received one or more catch document forms shall:
(a) in the case of a transhipment, obtain the signature on the catch
document of the master of the vessel to which the catch is trans-
hipped;
(b) in the case of a landing, obtain on the catch document
— a signed and stamped validation of an official agent at the port
of landing or free trade zone, and
— the signature of the person who receives the catch at the port of
landing or free trade zone.
2. In the event of the catch being divided upon landing, the said
master or his authorised representative shall present a copy of the catch
document to each person who receives a part of the catch at the port oflanding or free trade zone. The master or his authorised representativeshall record on the copy of the catch document the amount and originof the catch received by that person and obtain their signature.
The information about the catch mentioned in this paragraph may be
amended to apply CCAMLR conservation measures which become
obligatory for the Community, in accordance with the procedure laid
down in Article 25(3).
3. The said master or his authorised representative shall immediately
sign and convey by the most rapid electronic means available a copyor, if the catch landed was divided, copies of the signed catch docu-ments to the Flag Member State of the vessel. He shall also provide acopy of the signed document to each person who receives a part of the
catch.
The implementing rules for this paragraph may be adopted by the
Commission in accordance with the procedure laid down in Article25(2).
Article 11
The master of the Community fishing vessel or his authorised represen-
tative shall retain the original signed catch document or documents andreturn them to the Flag Member State no later than one month after theend of the fishing season.
The implementing rules for this Article may be adopted by the
Commission in accordance with the procedure laid down in Article25(2).
Article 12
1. The master or his authorised representative of a Community
fishing vessel to which catch has been transhipped shall, immediately
after landing Dissostichus spp ., obtain on the catch document received
from the transhipping vessels :
— a signed and stamped validation of an official agent at the port of
landing or free trade zone and
— the signature of the person who receives the catch at the port of
landing or free trade zone.
2. In the event of the catch being divided upon landing, the master
or his authorised representative shall present a copy of the catch docu-ment to each person who receives a part of the catch at the port of
landing or free trade zone. The master or his authorised representative
shall record on the copy of the catch document the amount and originof the catch received by that person and obtain his signature.
The information about the catch mentioned in this paragraph may be
amended to apply CCAMLR conservation measures which becomeobligatory for the Community, in accordance with the procedure laiddown in Article 25(3).2001R1035 — EN — 05.05.2003 — 001.001 — 5
▼B
3. The said master or his authorised representative shall immediately
sign and convey by the most rapid electronic means available a copyor, if the catch landed was divided, copies of the signed and stamped
catch document to the Flag States that issued those catch documents.
He shall provide a signed copy of the relevant document or documentsto each person who receives a part of the catch.
The implementing rules for this paragraph may be adopted by the
Commission in accordance with the procedure laid down in Article25(2).
CHAPTER IV
ObligationsofMemberStatesintheeventofthelanding,importa-
tion,exportationorre-exportation of Dissostichus spp .
Article 13
1. Member States shall take the measures necessary to identify the
origin of all Dissostichus spp. imported into or exported from their
territory and to determine whether the Dissostichus spp. harvested in
the CCAMLR area was caught in a manner consistent with the
CCAMLR conservation measures.
2. If a Member State has reasons to believe that landings or imports
ofDissostichus spp. declared as having been caught on the high seas
outside the CCAMLR area consist in actual fact of Dissostichus spp.
caught in the CCAMLR area, the Member State shall request the FlagState to carry out an additional verification of the catch document bythe use of, inter alia , data reports provided through an automated satel-
lite-linked VMS.
If the Flag State despite this request fails to demonstrate that the catch
document was verified with the use of VMS data, the catch documentshall be considered as void ab initio and the importation and exporta-
tion of the Dissostichus spp. shall be prohibited.
3. Member States shall, without delay, inform the Commission and
the other Member States of any instance where the results of the addi-tional verification referred to in paragraph 2 indicate that the catches
were not caught in a manner consistent with the CCAMLR conserva-
tion measures and of the measures taken by the Member State in thisregard.
Article 14
Member States shall take all necessary measures to ensure that each
landing of Dissostichus spp . at their ports is accompanied by a duly
completed catch document.
Article 15
1. Member States shall take all necessary measures to ensure that
each shipment of Dissostichus spp. imported into or exported from
their territory is accompanied by the export-validated or re-export-vali-dated catch document or documents corresponding to the total quantityofDissostichus spp. contained in the shipment.
2. Member States shall ensure that their customs authorities or other
competent official agents request and examine the documentation ofeach shipment of Dissostichus spp. imported into or exported from
their territory in order to verify that it includes the export-validated or
re-export-validated catch document or the documents corresponding tothe total quantity of Dissostichus spp. contained in the shipment. These
authorities or agents may also examine the content of any shipment inorder to verify the information contained in the catch document ordocuments.2001R1035 — EN — 05.05.2003 — 001.001 — 6
▼M1
▼B
▼M1
▼M1
3. Member States shall inform the Commission of any instance
where the results of the verifications referred to in paragraphs 1 and 2indicate that the documentation requirements set out in this Regulation
have not been met.
4. An export-validated Dissostichus spp. catch document is one that:
(a) includes all the information specified in Annex I and all the neces-
sary signatures; and
(b) includes a certificate signed and stamped by an official agent of the
exporting State, attesting to the accuracy of the informationcontained in the document.
Article 16
Member States shall take all necessary measures to ensure that each
shipment of Dissostichus spp . re-exported from their territory is accom-
panied by the re-export-validated catch document or documentscorresponding to the total amount of Dissostichus spp . contained in
the shipment.
A re-export-validated catch document shall follow the specimen shown
in Annex III and contain the information specified in Article 19.
CHAPTER V
Obligationsofimporters andexporters
Article 17
The importation and exportation of Dissostichus spp. is prohibited if
the batch concerned is not accompanied by a catch document.
Article 18
1. For each shipment of Dissostichus spp . to be exported from the
Member State of landing, the exporter shall enter on each catch docu-ment:
(a) the amount of each species of Dissostichus spp . contained in the
shipment declared on the document;
(b) the name and address of the importer of the shipment and the place
of importation;
(c) his name and address.
After signing each catch document, he shall obtain a signed and
stamped validation of the catch document by the competent authorityof the exporting Member State.
2. The information mentioned in this paragraph may be amended to
apply CCAMLR conservation measures which become obligatory forthe Community, in accordance with the procedure laid down in Article
25(3).
Article 19
1. In the event of re-exportation, the re-exporter shall supply details
of:
(a) the net weight of products of all species to be re-exported, together
with the catch document number to which each species and productrelates;
(b) the name and address of the importer of the shipment, the place of
importation and the name and address of the exporter.
He shall then obtain a signed and stamped validation of all the details
by the competent authority in the re-exporting Member State.2001R1035 — EN — 05.05.2003 — 001.001 — 7
▼B
▼M1
▼B
▼B
2. The information about the catch mentioned in paragraph 1 may
be amended to apply CCAMLR conservation measures which becomeobligatory for the Community, in accordance with the procedure laid
down in Article 25(3).
CHAPTER VI
Transmissionofdata
Article 20
1. The Flag Member State shall convey immediately to the
CCAMLR Secretariat, by the most rapid electronic means available,and with a copy to the Commission, the copies referred to in Articles10 and 12.
2. Member States shall immediately transmit to the Secretariat, by
the most rapid electronic means available, and with a copy to theCommission, a copy of the export validated or re-export-validatedcatch documents as well as the documents referred to in Article 22a.
Article 21
Member States shall notify the Commission, which shall inform the
CCAMLR Secretariat, of the name of the national authority or authori-ties (giving names, addresses, and telephone and fax numbers and e-mail addresses) responsible for issuing and validating catch documents.
Article 22
By 15 March, 15 June, 15 September and 15 December of each year
Member States shall report to the Commission data drawn from the
catch documents on the origin, destination and quantity of Dissostichus
spp. imported into or exported from their territory.
Each year the Commission shall forward the data concerning the origin
and the quantity to the CCAMLR Secretariat.
CHAPTER VIa
Saleofseizedorconfiscatedfish
Article 22a
If a Member State has cause to sell or dispose of seized or confiscated
Dissostichus spp., it shall issue a specially validated catch document.
This catch document shall include a statement specifying the reasonsfor that validation and describe the circumstances under which theseized or confiscated fish are moving into trade. To the extent practic-
able, Member States shall ensure that no financial benefit from the sale
or disposal of this fish accrue to the perpetrators of the illegal fishingactivities.
CHAPTER VII
Finalprovisions
Article 23
Annexes I, II and III may be amended to apply CCAMLR conservation
measures which become obligatory for the Community, in accordancewith the procedure laid down in Article 25(3).
Article 24
The measures necessary for the implementation of Article 8(2)(d),
Article 9, Article 10(3), Article 11, Article 12(3), Article 13(2) and2001R1035 — EN — 05.05.2003 — 001.001 — 8
▼M1
▼B
▼M1
▼B
▼M1
▼M1
Article 15 shall be adopted in accordance with the procedure referred
to in Article 25(2).
The measures to be taken pursuant to Article 10(2), Article 12(2),
Article 18(2), Article 19(2) and Article 23 shall be adopted in accor-dance with the procedure referred to in Article 25(3).
Article 25
1. The Commission shall be assisted by the Committee set upunder
Article 17 of Regulation (EEC) No 3760/92(
1).
2. Where reference is made to this paragraph, Articles 4 and 7 of
Decision 1999/468/EC shall apply.
3. Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply.
4. The period referred to in Article 4(3) and Article 5(6) of Decision
1999/468/EC shall be set at three months.
Article 26
This Regulation shall enter into force on the twentieth day following
that of its publication in the Official Journal of the European Commu-
nities.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2001R1035 — EN — 05.05.2003 — 001.001 — 9
(1) OJ L 389, 31.12.1992, p. 1.▼B
▼B
ANNEX I
DISSOSTICHUS CATCHDOCUMENT
The catch document will include the following information:
1. A specific identification number, consisting of:
(i) a four-digit number consisting of the two-digit International Standards
Organisation (ISO) country code, followed by the last two digits of the
year for which the document is issued;
(ii) three-digit sequence number (beginning with 001) to denote the order in
which the document catch forms are issued.
2. The following information:
(i) the name, address, telephone and fax number of the authority which
issued the document catch form;
(ii) the name, home port, national registry number and call sign of the
vessel and, if applicable, its IMO/Lloyd's registration number;
(iii) the number of the licence or permit issued to the vessel, as applicable;
(iv) the weight of each Dissostichus species landed or transhipped by
product type, and
(a) by CCAMLR statistical subarea or division if caught in the
Convention area; and/or
(b) by the Food and Agriculture Organisation of the United Nations
(FAO) statistical area, subarea or division if caught outside the
Convention area;
(v) the dates within which the catch was taken;
(vi) in the case of landing, the date and the port at which the catch was
landed; or in the case of transhipment, the date and the name of the
vessel, its flag and national registry number (for Community vessels,
the internal registration number in the fleet register allocated to the
vessel in accordance with Article 5 of Commission Regulation (EC)
No 2090/98 of 30 September 1998 concerning the fishing vessel
register of the Community), and
(vii) the name, address, telephone and fax numbers of the receiver or recei-
vers of the catch and the amount of each species and product type
received.2001R1035 — EN — 05.05.2003 — 001.001 — 10
▼M1
ANNEX II
2001R1035 — EN — 05.05.2003 — 001.001 — 11
▼M1
2001R1035 — EN — 05.05.2003 — 001.001 — 12
▼B
ANNEX III
2001R1035 — EN — 05.05.2003 — 001.001 — 13