Amended proposal for a COUNCIL REGULATION amending Regulation (EC) No 973/2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

EXPLANATORY MEMORANDUM

The Community participates in regional fisheries organisations (RFOs) that provide a framework for cooperation on conservation and management of fish resources.

Since 14 November 1997 it has been a contracting party to the International Convention for the Conservation of Atlantic Tunas (hereinafter called the ICCAT Convention).

It also approved the Agreement establishing the Indian Ocean Tuna Commission (IOTC).

The technical measures adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT) and by IOTC were transposed in Council Regulation (EC) No 973/2001 of 14 May 2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species.

In 2001 ICCAT adopted further technical measures for certain highly migratory stocks in the Atlantic and Mediterranean but the Council has not yet adopted the proposal [1] for a Regulation amending Council Regulation (EC) No 973/2001 in order to transpose these into Community law.

[1] COM(2002) 420 final.

At its 13th special meeting at Bilbao from 28 October to 4 November 2002 ICCAT adopted further technical measures for certain highly migratory Atlantic and Mediterranean stocks that also need to be transposed into Community law.

The attached amended proposal submitted by the Commission under Treaty Article 250(2) therefore amends Regulation (EC) No 973/2001 in order to transpose the 2001 and 2002 recommendations into Community law.

The Commission proposes that the Council adopt it.

2002/0189 (CNS)

Amended proposal for a COUNCIL REGULATION amending Regulation (EC) No 973/2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species

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 [2],

[2] OJ C ..., ..., p. ...

Having regard to the opinion of the European Parliament [3],

[3] OJ C ..., ..., p. ...

Whereas:

(1) The International Commission for the Conservation of Atlantic Tunas (ICCAT below) and the Indian Ocean Tuna Commission ("IOTC" below) adopted a number of recommendations on technical measures, which were transposed into Community law by Regulation (EC) No 973/2001 [4].

[4] OJ L 137, 19.5.2001, p. 1.

(2) ICCAT in 2001At its 17th ordinary meeting and in 2002 at its 13th special meeting recommended certain new technical measures for certain highly migratory Atlantic and Mediterranean stocks. Since these recommendations are binding on the Community, they should be implemented.

(3) Regulation (EC) No 973/2001 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 973/2001 is amended as follows:

1. In Article 3(4) the words "until 31 December 2002" are deleted.

2. Article 5(1) is replaced by:

"1. Fishing for bluefin tuna with encircling nets in the Mediterranean Sea is prohibited from 16 July to 15 August each year."

3. The following Articles 5a and 5b are added:

"Article 5a

1. Member States shall each year draw up a national scientific observer programme covering at least 10 % of the vessels flying their flag that during that year transfer bluefin tuna for fattening.

2. Member States shall design the programme to identify:

- total quantities sent for fattening;

- the sizes of the fish that are caged;

- date, time and catch zone for bluefin tuna that are caged and fishing method used.

3. Member States shall draw up a sampling plan for the purposes of application of paragraphs 1 and 2 that states the number of vessels involved and the number of observers and send it to the Commission before 1 April each year.

4. Member States shall appoint scientific observers and place them on board the fishing vessels assigned to the programmes so that they can implement the sampling plan indicated in paragraph 3.

5. Masters of Community vessels selected to receive observers shall extend courteous treatment to them and cooperate in their tasks on board.

6. Before 1 July each year Member States shall send the Commission a report on the findings of the programme as indicated in paragraph 2 that was 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 and the size composition of their respective catches. Their estimates shall embrace 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 and the outcome of execution of the plan."

4. In Article 7(1) the second subparagraph in replaced by the following:

"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 of individuals in the quantities landed. For bluefin tuna this tolerance limit is set at 10 % of the number of fish in or 10 % of the weight of each landing of total bluefin tuna catches and does not apply to fish caught in the Mediterranean Sea weighing less than 4.8 kg or in the Atlantic weighing less than 3.2 kg."

5. Article 9 are deleted.

6. Article 10(5) is replaced by:

"Before 15 May each year, each Member States shall transmit to the Commission a list of the vessels flying their flag and fishing for albacore in the North Atlantic. The Commission shall forward this information to the Secretariat of ICCAT before 31 May each year."

7. The following Article 12a is added:

"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."

Article 2

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President