2001R0973 — EN — 06.05.2004 — 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)No973/2001
of14May2001
layingdowncertain technicalmeasuresfortheconservationofcertainstocksofhighlymigratory
species
(OJ L 137, 19.5.2001, p. 1)
Amended by:
Official Journal
No page date
►M1 Council Regulation (EC) No 831/2004 of 26 April 2004 L 127 33 29.4.2004
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COUNCILREGULATION(EC)No973/2001
of14May2001
laying down certain technical measures for the conservation of
certain stocksofhighlymigratoryspecies
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin 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 Community has by Decision 98/392/EC (3) approved the
United Nations Convention on the Law of the Sea, which
contains principles and rules relating to the conservation and
management of the living resources of the sea. In the frameworkof its wider international obligations, the Community participatesin efforts arising in international waters to conserve fish stocks.
(2) Pursuantt o Decision 86/237/EEC (4), the Community has been a
Contracting Party to the International Commission for theConservation of Atlantic Tunas, hereinafter called ‘the ICCATConvention’, since 14 November 1997.
(3) The ICCAT Convention provides a framework for regional
cooperation on the conservation and management of tunas and
tuna-like species in the Atlantic Ocean and adjoining seas bysetting up an International Commission for the Conservation ofAtlantic Tunas, hereinafter called the ‘ICCAT’, and adoptingrecommendations on conservation and management in the
Convention area which become binding on the Contracting
Parties.
(4) The ICCAT has recommended a number of technical measuresfor certain stocks of highly migratory species in the Atlanticand the Mediterranean, specifying inter alia authorised sizes
and weights of fish, and restrictions on fishing within certain
areas and time-periods, with certain gears, and on capacity.These recommendations are binding on the Community andshould therefore be implemented.
(5) Certain technical measures adopted by the ICCAT were incorpo-rated into Council Regulation (EC) No 1626/94 of 27 June 1994laying down certain technical measures for the conservation offishery resources in the Mediterranean (
5) and Council Regula-
tion (EC) No 850/98 of 30 March 1998 for the conservation offishery resources through technical measures for the protection
of juveniles of marine organisms (
6). In the interests of clarity,
these measures should be brought together in this Regulationand the relevant Articles of the above Regulations should berepealed.
(6) To take into account traditional fishing practice in certain areas,specific provisions on the capture and retention on board ofcertain tuna species should be adopted.
(7) The Community has by Decision 95/399/EC (7) approved the
Agreement for the establishment of the Indian Ocean Tuna2001R0973 — EN — 06.05.2004 — 001.001 — 2
(1) OJ C 337 E, 28.11.2000, p. 78.
(2) Opinion delivered on 28 February 2001 (notyetpublished in t he Official
Journal).
(3) OJ L 179, 23.6.1998, p. 1.
(4) OJ L 162, 18.6.1986, p. 33.
(5) OJ L 171, 6.7.1994, p. 1.
(6) OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regulation (EC)
No 812/2000 (OJ L 100, 20.4.2000, p. 3).
(7) OJ L 236, 5.10.1995, p. 24.
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Commission. This agreementprovides a useful framework for
closer international cooperation and rational use of tunas andrelated species in the Indian Ocean by setting up the Indian
Ocean Tuna Commission, hereinafter called the ‘IOTC’, and
adopting recommendations on conservation and management inthe IOTC area which become binding on the Contracting Parties.
(8) The IOTC has adopted a recommendation laying down technicalmeasures for certain stocks of highly migratory species in theIndian Ocean. This recommendation is binding on the Commu-nity and should therefore be implemented.
(9) The European Community has by Decision 1999/337/EC (1)
signed the Agreement on the International Dolphin Conservation
Program and by Decision 1999/386/EC (2) decided to apply it on
a provisional basis pending its approval. The Community shouldtherefore apply the provisions laid down in this Agreement.
(10) The objectives of the Agreement include the progressive reduc-tion of incidental dolphin mortalities in the tuna purse-seinefishery in the Eastern Pacific Ocean to levels approaching zero,
by setting annual limits, and the long term sustainability of the
tuna stocks in the Agreement Area.
(11) Some provisions of this Agreement were incorporated into Regu-lation (EC) No 850/98. These provisions should be incorporatedinto this Regulation.
(12) The Community has fishing interests in the Eastern PacificOcean and has applied to accede to the Inter-American TropicalTuna Commission, hereinafter ‘IATTC’. Pending accession, andin accordance with its obligation to cooperate with the other
Parties involved in the management and conservation of
resources in this region under the United Nations Conventionon the Law of the Sea, the technical measures adopted by theIATTC should be applied by the Community. These measuresshould therefore be incorporated into Community law.
(13) The measures necessary for the implementation of this Regula-tion should be adopted in accordance with Council Decision
1999/468/EC of 28 June 1999 laying down the procedures for
the exercise of implementing powers conferred on the Commis-sion (
3),
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down technical conservation measures applicable
to vessels flying the flag of Member States and registered in theCommunity, hereinafter referred to as ‘Community fishing vessels’,with regard to the capture and landing of certain stocks of highly
migratory species referred to in Annex I.
TITLE I
DEFINITIONS
Article 2
For the purposes of this Regulation, the following definitions of mari-
time waters shall apply:
(a) Area 1:
all waters of the Atlantic Ocean and adjacent seas covered by the
ICCAT Convention as defined in Article 1 thereof;2001R0973 — EN — 06.05.2004 — 001.001 — 3
(1) OJ L 132, 27.5.1999, p. 1.
(2) OJ L 147, 12.6.1999, p. 23.
(3) OJ L 184, 17.7.1999, p. 23.
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(b) Area 2:
all waters of the Indian Ocean covered by the Agreement for the
establishment of the IOTC as defined in Article 2 thereof;
(c) Area 3:
all waters of the Eastern Pacific Ocean as defined in Article 3 of
the Agreement on the International Dolphin Conservation Program.
TITLE II
TECHNICALMEASURESAPPLICABLEINAREA1
Chapter 1
Restrictionsontheuseofcertain typesofvesselsandgears
Article 3
1. During the period 1 November to 31 January in the area specified
in paragraph 2, it shall be prohibited for Community fishing vessels to:
— anchor floating objects,
— fish under artificial objects,— fish under natural objects,— fish using ancillary vessels,
— throw into the sea artificial floating objects with or without buoys,
— install buoys on floating objects found at sea,— remove floating objects and wait for the fish attracted by these
objects to gather underneath the vessel,
— tow floating objects outside the area.
2. The area referred to in paragraph 1 shall be bounded as follows:
— southern boundary at latitude 4º S,
— northern boundary at latitude 5º N,— western boundary at longitude 20º W,— eastern boundary at the coast of Africa.
3. Vessels shall be prohibited from commencing or continuing
fishing in the area and during the period specified in paragraphs 1 and2 without an observer on board.
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M1 ◄Member States shall take the necessary
steps to appoint observers and ensure that they are placed on board allvessels flying their flag or registered in their territory which are aboutto undertake fishing activities in the area referred to in paragraph 2.
5. Without prejudice to paragraph 4, Member States shall take the
necessary steps to ensure that properly appointed observers remain onboard the fishing vessels to which they have been assigned until theyare replaced by other observers.
6. The master of a Community vessel operating in the area and
during the period specified in paragraphs 1 and 2 shall receive theobserver and cooperate with him in the performance of his dutiesduring his stay on board.
The master of a vessel designated to receive an observer on board shall
make every reasonable effort to facilitate his arrival and departure.During the observer's stay on board he shall be provided with appro-priate accommodation and working facilities.
7. The practical arrangements for paragraphs 4, 5 and 6 shall be as
defined in Annex II.
8. Member States shall send the Commission by 1 May each year at
the latest a comprehensive report assessing the content and conclusions
of the reports of the observers assigned to vessels flying their flag.
9. The period referred to in paragraph 1, the area referred to in para-
graph 2 and the arrangements for the assignment of observers set out inAnnex II may be amended by the Commission pursuant to ICCAT2001R0973 — EN — 06.05.2004 — 001.001 — 4
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recommendations which are binding upon the Community and in
accordance with the procedure laid down in Article 19(2).
Article 4
1. It shall be prohibited to retain on board any quantity of skipjack,
bigeye or yellowfin tuna which are caught using purse seines in watersunder the sovereignty or jurisdiction of Portugal in ICES subarea Xnorth of 36º30 ′N or in CECAF areas north of 31º N and east of
17º30′W, or to fish for the said species in the said areas with the
said gears.
2. It shall be prohibited to retain on board tuna caught using drift-
nets in waters under the sovereignty or jurisdiction of Spain or Portugalin ICES subareas VIII, IX and X, or in CECAF areas around theCanary Islands and Madeira, or to fish for the said species in the saidareas with the said gears.
Article 5
1. Fishing for bluefin tuna with encircling nets in the Mediterranean
Sea is prohibited from 16 July to 15 August each year.
2. The use of aeroplanes or helicopters in support of fishing opera-
tions for bluefin tuna in the Mediterranean shall be prohibited duringthe period from 1 to 30 June.
3. Fishing for bluefin tuna in the Mediterranean using surface-set
longlines from vessels greater than 24 metres in length shall be prohib-
ited during the period from 1 June to 31 July each year. The applicable
length shall be that defined by the ICCAT and given in Annex III.
4. The definition of the periods and areas referred to in this Article
and the length of vessels given in Annex III may be modified by theCommission pursuant to ICCAT recommendations which are bindingupon the Community and in accordance with the procedure laid downin Article 19(2).
Article 5a
1. Member States shall each year draw up a sampling programme
for the estimation of the numbers-at-size of the bluefin tuna caught,inter alia , through scientific observers on board the vessels or at the
farming sites.
2. Member States shall transmit their programme to the Standing
Committee on Research and Statistics for validation, and a copy to
the Commission.
3. Before 1 July each year, Member States shall send to the
Commission a report on the findings of the programmes, as indicatedin paragraph 1, executed in the previous year.
Article 5b
1. Member States shall execute in 2003 and 2004 a plan to reduce
the catches of juvenile bluefin tuna in the Mediterranean and ensure
respect for the minimum bluefin tuna size indicated in Article 6.
2. Member States shall execute in 2003 and 2004 a scientific
programme to identify the various fisheries taking bluefin tuna andthe size composition of their respective catches. Their estimates shallembrace the past data available.
3. Before 15 September each year Member States shall notify to the
Commission the action they have taken under paragraphs 1 and 2 andthe outcome of execution of the plan.2001R0973 — EN — 06.05.2004 — 001.001 — 5
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Chapter 2
Minimumsize
Article 6
1. A highly migratory species shall be undersized if its dimensions
are smaller than the minimum dimensions specified in Annex IV for
the relevant species.
2. The dimensions setoutin Annex IV may be modified by t he
Commission pursuant to ICCAT recommendations which are bindingupon the Community and in accordance with the procedure laid down
in Article 19(2).
Article 7
1. Undersized fish of highly migratory species shall not be retained
on board or be transshipped, landed, transported, stored, displayed or
offered for sale, sold or marketed. These species shall be returnedimmediately to the sea.
The previous subparagraph shall not apply to accidentally taken fish of
the species listed in Annex IV up to a limit of 15 % of the number ofindividuals in the quantities landed. For bluefin tuna this tolerance limitis set at 10 % of the number of fish per landing of the total bluefin tuna
catches or their equivalent in percentage in weight.
2. The release for free circulation or marketing in the Community of
undersized fish of highly migratory species originating in third coun-tries shall be prohibited.
Article 8
The measurement of the size of fish of highly migratory species shall
be carried out in accordance with Article 18 of Regulation (EC) No850/98.
Chapter 3
Restrictionsonthenumberofvessels
Article 9
1. The Council, acting in accordance with the procedure laid down
in Article 8(4)(i) of Regulation (EEC) No 3760/92 (
1), shall determine
the number and total capacity in gross registered tonnage (GRT) ofCommunity fishing vessels greater than 24 metres in length fishingfor bigeye tuna as a target species. These shall be fixed as the averagenumber and the capacity in GRT of Community fishing vessels fishing
for bigeye tuna as a target species in Area 1 during the period 1991 to
1992.
2. By 31 January each year at the latest Member States shall
forward to the Commission a list of all vessels flying their flag and
registered in their territory which intend to fish for bigeye tuna in
Area 1 during that year.
3. The lists shall give the internal number allocated to each vessel in
the fishing vessel register in accordance with Article 5 of Commission
Regulation (EC) No 2090/98 (
2).
4. On the basis of the information provided by the Member States in
accordance with paragraphs 2 and 3 the Council acting in accordancewith the procedure laid down in Article 8(4)(ii) of Regulation (EEC)2001R0973 — EN — 06.05.2004 — 001.001 — 6
(1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC)
No 1181/91 (OJ L 164, 9.6.1998, p. 1).
(2) OJ L 266, 1.10.1998, p. 27.▼M1
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No 3760/92, may distribute among the Member States the number and
capacity in GRT determined in accordance with paragraph 1.
Article 10
1. The Council, acting in accordance with the procedure laid down
in Article 8(4)(i) of Regulation (EEC) No 3760/92, shall determine the
number of Community fishing vessels fishing for North Atlantic alba-core tuna as a target species. The number of vessels shall be fixed asthe average number of Community fishing vessels fishing for NorthAtlantic albacore tuna as a target species during the period 1993 to1995.
2. By 31 January each year at the latest Member States shall
forward to the Commission a list of all vessels flying their flag and
registered in their territory which intend to fish for North Atlantic alba-core tuna as a target species in Area 1 during that year.
3. The lists shall give the internal number allocated to each vessel in
the fishing vessel register in accordance with Article 5 of Regulation(EC) No 2090/98.
4. On the basis of the information sent by the Member States in
accordance with paragraphs 2 and 3 the Council, acting in accordancewith the procedure laid down in Article 8(4)(ii) of Regulation (EEC)
No 3760/92, may distribute among the Member States the number of
vessels determined in accordance with paragraph 1.
5. Before 15 May each year, each Member States shall transmit to
the Commission a list of the vessels flying their flag and fishing foralbacore in the North Atlantic. The Commission shall forward thisinformation to the Secretariat of ICCAT before 31 May each year.
Chapter 4
Othermeasures
Article 11
Member States may encourage the use of monofilament streamer lines
on swivels so that live blue marlins and white marlins may be easilyreleased.
Article 12
Notwithstanding Article 31 of Regulation (EC) No 850/98, electric
current or harpoon guns may be used to catch tuna and basking shark(Cetorhinus maximus) in the Skagerrak and Kattegat.
Article 12a
1. Member States shall do their utmost to encourage the release of
live sharks caught accidentally, in particular juveniles.
2. Member States shall encourage the reduction of discards of
sharks.
TITLE III
TECHNICALMEASURESAPPLICABLEINAREA2
Article 13
1. Before 15 June each year Member States shall send the Commis-
sion the list of vessels greater than 24 metres in length flying their flag2001R0973 — EN — 06.05.2004 — 001.001 — 7
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which fished for bigeye tuna, yellowfin tuna and skipjack tuna during
the previous year in Area 2. The Commission shall send this informa-tion to the IOTC Secretariat before 30 June each year.
2. The list referred to in paragraph 1 shall contain the following
information:
— vessel name, registration number,
— previous flag, where applicable,
— international call sign, where applicable,
— vessel type, length and GRT,
— name and address of the vessel owner, operator or charterer.
TITLE IV
TECHNICALMEASURESAPPLICABLEINAREA3
Article 14
1. Only Community fishing vessels operating under the conditions
laid down in the Agreement on the International Dolphin ConservationProgram which have been allocated a DML shall be authorised toencircle schools or groups of dolphins with purse seines when fishing
for yellowfin tuna in Area 3.
2. ‘DML’ shall mean the dolphin mortality limit laid down in
Article 5 of the Agreement on the International Dolphin Conservation
Program.
Article 15
1. Before 15 September each year Member States shall send the
Commission:
— a list of vessels flying their flag with a load capacity greater than
363 metric tonnes (400 net tonnes) which have applied for a DML
for the whole of the following year;
— a list of vessels flying their flag which are likely to operate in the
area in the course of the following year;
— a list of vessels flying their flag which have requested a DML for
the first or second half of the following year;
— for each vessel requesting a DML, a certificate stating that the
vessel had all the proper gears and equipment to protect dolphins
and that its captain had completed an approved training course on
rescuing and releasing dolphins.
2. Member States shall ensure that the applications for DMLs
comply with the conditions laid down in the Agreement on the Interna-
tional Dolphin Conservation Program and the conservation measuresadopted by the IATTC.
3. The Commission shall examine the lists and ensure that they
comply with the provisions of the Agreement on the InternationalDolphin Conservation Program and the conservation measures adoptedby the IATTC and shall send them to the Director of the IATTC.
Where this examination reveals that the application does not meet the
conditions referred to in this paragraph, the Commission shall immedi-ately inform the Member State concerned that it cannot send all or partof an application to the Director of the IATTC, stating its reasons.
4. The Commission shall send each Member State the overall DML
to be distributed among the vessels flying their flag.
5. Each Member State shall send the Commission the breakdown of
the DMLs among the vessels flying the flag of that Member State by15 January each year.
6. The Commission shall send the Director of the IATTC the list
and breakdown of the DMLs between Community fishing vessels by 1February each year.2001R0973 — EN — 06.05.2004 — 001.001 — 8
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Article 16
1. The use of ancillary vessels to support vessels fishing with the aid
of fish aggregating devices shall be prohibited.
2. Transshipments at sea shall be prohibited.
TITLE V
GENERALLYAPPLICABLEPROVISION
Article 17
1. The encircling of schools or groups of marine mammals with
purse seines shall be prohibited, except in the case of the vessels
referred to in Article 14.
2. Paragraph 1 shall apply to every vessel flying the flag of a
Member State or registered in a Member State, in whatever waters.
TITLE VI
FINALPROVISIONS
Article 18
The measures necessary for the implementation of Article 3(9), Article
5(4) and Article 6(2), shall be adopted in accordance with the regula-tory procedure referred to in Article 19(2).
Article 19
1. The Commission shall be assisted by the Committee established
by Article 17 of Regulation (EEC) No 3760/92.
2. Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply.
The period provided for in Article 5(6) of Decision 1999/468/EC shall
be set at three months.
3. The Committee shall adopt its rules of procedure.
Article 20
1. Articles 24, 33 and 41 of Regulation (EC) No 850/98 and the
entries in Annex XII thereto relating to bluefin tuna and swordfish shallbe repealed.
2. Articles 3a and 5a of Regulation (EC) No 1626/94, the entries in
Annex IV thereto relating to bluefin tuna and swordfish and Annex Vthereto shall be repealed.
3. References to the above Regulations, Articles and Annexes shall
be construed as references to this Regulation and shall be read in
accordance with the table of equivalence in Annex V.
Article 21
This Regulation shall enter into force on the seventh day following that
of its publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2001R0973 — EN — 06.05.2004 — 001.001 — 9
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ANNEX I
Listofspeciesreferred tointhisRegulation
— Albacore: Thunnus alalunga
— Bluefina tuna: Thunnus thynnus
— Bigeye tuna: Thunnus obesus
— Skipjack: Katsuwonus pelamis
— Atlantic bonito: Sarda sarda
— Yellowfin tuna: Thunnus albacares
— Blackfin tuna: Thunnus atlanticus
— Little tuna: Euthynnus spp.
— Southern bluefin tuna: Thunnus maccoyii
— Frigate tuna: Auxis spp.
— Oceanic sea breams: Bramidae
— Marlins: Tetrapturus spp.;Makaira spp.
— Sailfish: Istiophorus spp.
— Swordfish: Xiphias gladius
— Sauries: Scomberesox spp.;Cololabis spp.
— Dolphinfish; common dolphinfish: Coryphaena hippurus ;Coryphaena equi-
selis
— Sharks: Hexanchus griseus ;Cetorhinus maximus ;Alopiidae Rhincodon
typus; Carcharhinidae ;Sphyrnidae ;Isuridae ;Lamnidae
— Cetaceans (whales and porpoises): Physeteridae ;Belaenopteridae ;Bale-
nidae ;Eschrichtiidae ;Monodontidae ;Ziphiidae ;Delphinidae .2001R0973 — EN — 06.05.2004 — 001.001 — 10
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ANNEX II
Practical arrangementsreferred toinArticle 3(7)
1. ASSIGNMENT OF OBSERVERS
(a) In order to discharge their obligation to provide observers, Member
States shall, without prejudice to Article 3(4), appoint properly qualified
and experienced personnel. In order to carry out their tasks the personnel
selected must have the following qualifications:
— sufficient experience to identify fish species and fishing gear;
— maritime navigation skills;— a satisfactory knowledge of ICCAT conservation measures;— the capacity to accomplish elementary scientific tasks, for example
taking of samples where necessary and making accurate observations
and records in that connection;
— a satisfactory knowledge of the language of the flag Member State of
the vessel being observed.
(b) Member States must take appropriate measures to ensure that observers
are received on board fishing vessels at the agreed time and place and
to facilitate their departure on completion of the observation period.
2. TASKS OF OBSERVERS
The main task of observers is to monitor compliance with the ban referred to
in Article 1. In particular, designated observers will:
(a) monitor the fishing operations of the vessels concerned and record them
in a report;
(b) send a report containing a summary of the observer's main findings,
including the biological data collected, to the competent authorities in
the Member States concerned within 20 days following the observation
period.
3. RELATIONS WITH THE MASTERS OF FISHING VESSELS
(a) The master must be given sufficient notice of the date and place at which
the observer is to be received and of the likely duration of the observa-
tion period.
(b) The master of the vessel may request a copy of the observer's report.2001R0973 — EN — 06.05.2004 — 001.001 — 11
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ANNEX III
Lengthofvessels(Article5(4))
ICCAT definition of length of vessels:
— for any fishing vessel built after 18 July 1982, 96 % of the total length on a
waterline at 85 % of the least moulded depth measured from the top of the
keel, or the length from the foreside of the stem to the axis of the rudder
stock on that waterline, if that be greater. In ships designed with a rake of
keel, the waterline on which this length is measured shall be parallel to the
designed waterline;
— for any fishing vessel built before 18 July 1982, registered length as entered
on the national registers or other record of vessels.2001R0973 — EN — 06.05.2004 — 001.001 — 12
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ANNEX IV
MINIMUM SIZES
(Article 6(1))
Species Minimum size
Swordfish (Xiphias gladius) (1) 25 kg or 125 cm (lower mandible)
Bluefin tuna (Thunnus thynnus) 6,4 kg or 70 cm
Yellow tuna (Thunnus albacares) 3,2 kg
Bigeye tuna (Thunnus obesus) 3,2 kg
(1) This minimum size applies only to the Atlantic Ocean.2001R0973 — EN — 06.05.2004 — 001.001 — 13
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ANNEX V
TABLE OF EQUIVALENCE
(Article 20(3))
Regulation (EC) No 850/98 This Regulation
Article 24 Article 4
Article 33(1) Article 17
Article 33(2) Article 2
Article 33(3) Article 14(1)
Article 41 Article 12
Annex XII relating to bluefin tuna
and swordfishAnnex IV
Regulation (EC) No 1626/94 This Regulation
Article 3a Article 5
Article 5a Article 5
Annex IV relating to bluefin tuna Annex IV
Annex V Annex III2001R0973 — EN — 06.05.2004 — 001.001 — 14