[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 3.8.2009

COM(2009) 406 final

2009/0116 (CNS)

Proposal for a

COUNCIL REGULATION

establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Regulation (EC) No 1984/2003

EXPLANATORY MEMORANDUM

As part of the measures to regulate fisheries of bluefin tuna, improve the quality and reliability of statistical data and prevent, deter and eliminate illegal fishing, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted at its annual meeting in Marrakesh (Morocco), on 24 November 2008, Recommendation No 08-12 amending Recommendation No 07-10 on a bluefin tuna catch documentation programme. This Recommendation entered into force on 17 June 2009.

The Bluefin tuna catch documentation programme adopted by ICCAT is mainly concerned with the impact of illegal, unreported and unregulated fishing in the area. Consequently, it reflects the need for improved and stricter control on all the stages involved in the bluefin tuna fisheries and for the adoption of measures intended to support the implementation of conservation and management rules as well as scientific research on bluefin tuna. The documentation programme recognises the state of bluefin tuna stocks, the impact that market factors have on the fisheries and takes into account the recovery plan for eastern Atlantic and Mediterranean bluefin tuna (Recommendation 08-05) that ICCAT adopted in 2008, including the need for complementary market related measures.

However, the scope of the ICCAT Recommendation 08-12 is very wide and, in order to have effective control of the movement of bluefin tuna, strict tracking of the product from the point of capture through the whole operational chain to its final point of marketing is vital. In this regard, verification and cooperation between Member States and Contracting Parties to ICCAT involved in the trade of bluefin tuna constitute very important provisions of the ICCAT Bluefin tuna catch documentation programme.

The current ICCAT bluefin tuna statistical programme, which only covers import and export, was not designed to provide a mechanism to offer direct control on bluefin tuna fisheries. In order to ensure that the provisions in the ICCAT bluefin tuna catch documentation programme are more easily interpreted and applied uniformly, the relevant provisions of Regulation (EC) No 1984/2003 introducing a system for the statistical monitoring of trade in bluefin tuna, swordfish and bigeye tuna within the Community should be repealed and replaced by this Regulation.

2009/0116 (CNS)

Proposal for a

COUNCIL REGULATION

of

establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Regulation (EC) No 1984/2003

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 Community is a contracting party to the United Nations Convention of 10 December 1982 on the Law of the Sea approved by Decision 98/392/EC[3], the Agreement on the implementation of the provisions of that Convention relating to the conservation and management of straddling stocks and highly migratory fish stocks ratified by Decision 98/414/EC[4] and the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas accepted by Decision 96/428/EC[5]. In that framework of international obligations, the Community participates in efforts made to ensure sustainable management of highly migratory fish stocks.

2. The Community has been a contracting party to the International Convention for the Conservation of Atlantic Tunas pursuant to Decision 86/238/EEC[6]. This Convention provides for a framework for regional cooperation on the conservation and management of tuna and tuna-like species in the Atlantic Ocean and adjacent seas through an International Commission for the Conservation of Atlantic Tunas (ICCAT), and for the adoption of recommendations in the Convention area which become binding on the contracting parties and non-contracting cooperating parties (CPCs).

3. The ICCAT Recommendations 1992-01, 1993-03, 1996-10, 1997-04, 1998-12, 03-19 and 06-15 and the resolutions 1993-02, 1994-04 and 1994-05 on a statistical document programme for bluefin tuna have been implemented by Council Regulation (EC) No 1984/2003 of 8 April 2003 introducing a system for the statistical monitoring of trade in bluefin tuna, swordfish and bigeye tuna within the Community[7].

4. As part of the measures to regulate stocks of bluefin tuna, improve the quality and reliability of statistical data and in order to prevent, deter and eliminate illegal fishing, the ICCAT has adopted at its annual meeting in Marrakesh (Morocco), on 24 November 2008, the Recommendation 08-12 amending Recommendation 07-10 on an ICCAT bluefin tuna catch documentation programme. Since this Recommendation will enter into force on 17 June 2009, it needs to be implemented by the Community.

5. In order to ensure that the provisions on an ICCAT bluefin tuna catch documentation programme are easily readable and applied uniformly, the relevant provisions of Regulation (EC) No 1984/2003 related to ICCAT bluefin tuna statistical document and re-export certificate should be deleted.

6. Regulation (EC) No 1984/2003 should, therefore, be amended accordingly,

HAS ADOPTED THIS REGULATION:

CHAPTER I GENERAL PROVISIONS

Article 1 Subject matter and scope

This Regulation establishes a Community bluefin tuna catch documentation programme in order to support the implementation of conservation and management measures adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT).

Article 2 Definitions

For the purpose of this Regulation, the following definitions shall apply:

(a) "Bluefin tuna": means fish of the species Thunnus thynnus falling within the codes listed in Annex I;

(b) "Domestic trade" means

(i) trade of bluefin tuna caught in the ICCAT Convention area by a Community catching vessel or trap, which is landed in the territory of the Member State where the catching vessel is flagged or where the trap is established, and

(ii) trade of farmed bluefin tuna originating from bluefin tuna caught in the ICCAT Convention area by a Community catching vessel which is flagged to the same Member State where the farm is established, where the bluefin tuna is then supplied to any entity in that Member State, and

(iii) trade between Member States of bluefin tuna caught in the ICCAT Convention area by Community catching vessels flagged in one Member State or by a trap established in one Member State.

(c) "Export": means any movement to a third country of bluefin tuna caught in the ICCAT Convention area by a Community catching vessel or trap, including from the territory of the Community, from third countries or from fishing grounds;

(d) "Import": means the introduction into the territory of the Community, including for caging, fattening, farming or transhipment purposes, of bluefin tuna caught in the ICCAT Convention area by a third country catching vessel or trap;

(e) "Re-export": means any movement from the territory of the Community of bluefin tuna which had been previously imported into the territory of the Community;

(f) "Convention area": means the area determined by International Convention for the Conservation of Atlantic Tunas approved by Decision 86/238/EEC;

(g) "Flag Member State" means the Member State where the catching vessel is flagged;

(h) "Trap Member State" means the Member State where the trap is established;

(i) "Farm Member State" means the Member State where the farm is established;

(j) "CPCs" means contracting parties, cooperating non-contracting Parties, entities and fishing entities.

CHAPTER II BLUEFIN TUNA CATCH DOCUMENT

Article 3 General provisions

1. Member States shall require a completed bluefin tuna catch document (hereinafter referred to as "catch document") for each bluefin tuna landed at its ports, delivered to, and harvested from its farms.

2. Each consignment of bluefin tuna domestically traded, imported into or exported or re-exported from the territory of the Community shall be accompanied by a validated catch document, except in cases where Article 4 paragraph 3 applies and, as applicable, an ICCAT transfer declaration or a validated bluefin tuna re-export certificate (referred to as "re-export certificate").

Any such landing, transfer, delivery, harvest, domestic trade, import, export or re-export of bluefin tuna without a completed and validated catch document or a re-export certificate shall be prohibited.

3. Member States shall not place bluefin tuna:

(a) into a farm not authorised by the Member State or contracting parties, cooperating non-contracting Parties, entities and fishing entities (CPCs) or not listed in the ICCAT record of farming facilities authorised to operate for farming of bluefin tuna caught in the ICCAT Convention area,

(b) from different years or Member States or CPCs in the same cages unless effective measures are in place to determine the Member State or CPC of origin and catch year.

4. Member States shall provide catch document forms only to their catching vessels and traps authorised to fish bluefin tuna in the Convention area, including as by-catch. Such forms shall not be transferable.

5. Each catch document form shall have a unique document identification number. Document numbers shall be specific to the flag or trap Member State and assigned to each catching vessel or trap.

6. Copies of catch documents shall follow each part of split shipments or processed product, using the unique document number of the original catch document in order to track them.

7. Domestic trade, export, import and re-export of fish parts other than the meat (i.e. heads, eyes, roes, guts and tails) shall be exempted from the requirements of this Regulation.

Article 4 Validation

1. Catching vessel masters, trap operators, farm operators, sellers, exporters, or their authorised representatives, shall complete a catch document by providing the required information in appropriate sections and request its validation in accordance with paragraph 2 on each occasion that they land, transfer, harvest, tranship, domestically trade or export bluefin tuna.

2. The catch document shall be validated by a competent authority of the flag, trap or farm Member State or the Member State where the seller or exporter is established. Member States shall validate the catch document for all bluefin tuna only where:

(a) a catching vessel flies the flag of the Member State or a trap or farm is established in the Member State that harvested the bluefin tuna, or when the catching vessel is operating under a charter arrangement, by a competent authority or institution of the chartering Member State or CPC,

(b) all the information contained in the catch document has been established to be accurate as a result of the verification of the consignment,

(c) the accumulated amounts to be validated are within their quotas or catch limits of each management year, including, where appropriate, individual quotas allocated to catching vessels or traps, and

(d) the bluefin tuna complies with the relevant provisions of the ICCAT conservation and management measures.

3. Validation under paragraph 2(a) shall not be required in the event that all bluefin tuna available for sale are tagged, as referred to in Article 5, by the flag or trap Member State that fished the bluefin tuna.

4. Where the bluefin tuna quantities caught and landed are less than 1 ton or three fish, the logbook or the sales note may be used as a temporary catch document, pending the validation of the catch document within seven days and prior to domestic trade or export.

5. A validated catch document shall include, as appropriate, the information set out in Annex II.

6. A catch document model is set out in Annex III. In cases where a section of the catch document model does not provide enough room to completely track movement of bluefin tuna from catch to trade, the needed information section may be expanded as necessary and attached as annex. The competent authority of the Member State shall validate the annex as soon as possible, but not later than the next movement of bluefin tuna.

Article 5 Tagging

1. Member States may require their catching vessels or traps to affix a tag to each bluefin tuna, preferably at the time of kill, but not later than at the time of landing. Tags shall have unique Member State specific numbers and be tamper-proof. The tag numbers shall be linked to the catch document.

2. A summary of implementation of the tagging programme shall be submitted to the Commission by the concerned Member States.

3. The use of tags shall only be authorised when the accumulated catch amounts are within their quotas or catch limits of each management year, including, where appropriate, individual quotas allocated to vessels or traps.

CHAPTER III BLUEFIN TUNA RE-EXPORT CERTIFICATE

Article 6 General provisions

1. Member States shall ensure that each bluefin tuna consignment which is re-exported from their territory be accompanied by a validated re-export certificate.

In cases where farmed bluefin tuna is imported live, the re-export certificate shall not apply.

2. The operator who is responsible for the re-export shall complete the re-export certificate by providing the required information in its appropriate sections and request its validation for the bluefin tuna consignment to be re-exported. The completed re-export certificate shall be accompanied by a copy of the validated catch document(s) relating to the bluefin tuna previously imported.

Article 7 Re-export validation

1. The re-export certificate shall be validated by the competent authority of the Member State.

2. The competent authority shall validate the re-export certificate for all bluefin tuna product only when:

(a) all the information contained in the re-export certificate has been established to be accurate,

(b) the validated catch document(s) submitted in support to the re-export certificate had been accepted for the importation of the products declared on the re-export certificate,

(c) the products to be re-exported are wholly or partly the same products appearing on the validated catch document(s), and

(d) a copy of the catch document(s) is attached to the validated re-export certificate.

3. The validated re-export certificate shall include the information set out in Annex III.

CHAPTER IV COMMUNICATION AND VERIFICATION

Article 8 Communication and conservation of validated documents

1. Member States shall communicate a copy of all validated catch documents or re-export certificates, except in cases where Article 4(3) applies, as soon as possible and in any case within five working days following the date of validation, or without delay where the expected duration of the transportation should not take more than five working days, to the following:

(a) the Commission,

(b) the competent authorities of the Member State or CPC where the bluefin tuna will be domestically traded, or farmed or imported, and

(c) the ICCAT Secretariat.

2. Copies of validated catch documents or re-export certificates referred to in paragraph 1, shall be sent by electronic means, as soon as possible.

3. Member States shall keep copies of the validated catch documents and re-export certificates issued or received for at least two years.

Article 9 Verification

1. Member States shall ensure that their competent authorities identify each consignment of bluefin tuna landed in, domestically traded in, imported into or exported or re-exported from its territory. The competent authorities shall request and examine the validated catch document(s) and related documentation of each consignment of bluefin tuna. The examination shall include the consultation of the database on validation held by the ICCAT Secretariat.

2. The competent authorities may also examine the content of the consignment to verify the information contained in the catch document and in related documents and, where necessary, shall carry out verifications with the operators concerned.

3. If, as a result of examinations or verifications carried out pursuant to paragraphs 1 and 2, a doubt arises regarding the information contained in a catch document, Member States shall cooperate with the competent authorities who validated the catch document(s) or re-export certificate(s) to resolve such doubts.

4. If a Member State identifies a consignment with no catch document, it shall notify the findings to the delivering Member State, or the exporting CPC and, where known, the flag Member State or the flag CPC.

5. Pending the examinations or verifications under paragraphs 1 and 2, Member States shall not grant its release for domestic trade, import or export, nor, in the case of live bluefin tuna destined to farms, accept the transfer declaration.

6. Where a Member State, as a result of examination or verifications pursuant to paragraph 1 and in cooperation with the validating authorities concerned, determines that a catch document or re-export certificate is invalid, the domestic trade, import, export or re-export of the bluefin tuna concerned shall be prohibited.

CHAPTER VTRANSMISSION OF DATA

Article 10 Information concerning validation and points of contact

1. Member States shall notify to the Commission their authorities responsible for validating and verifying catch documents or re-export certificates, in particular name and full address and, where appropriate, name and title of the validating officials who are individually empowered, sample form of document, sample impression of stamp or seal, and, as appropriate, tag samples.

2. The notification shall indicate the date at which this entitlement comes into force. Updated details on validating authorities shall be communicated to the Commission in a timely fashion.

3. Member States shall notify to the Commission the points of contact that should be notified when there are questions related to catch documents or re-export certificates, and in particular, their name.

4. The Commission shall forward promptly this information to the ICCAT Secretariat.

Article 11 Programme annual report

1. Member States shall provide to the Commission by electronic means a programme report, each year by 15 September, covering the period from July 1 of the preceding year to June 30 of the current year including the information set out in Annex V.

2. The Commission shall establish the Community annual programme report and communicate it to the ICCAT Secretariat each year by 1 October.

CHAPTER VII FINAL PROVISIONS

Article 12 Amendment of Annexes

The Annexes may be amended by the Commission in accordance with the procedure laid down in Article 13.

The amendments shall concern the conservation measures adopted by ICCAT in which the Community is a contracting party.

Article 13 Committee procedure

1. The Commission shall be assisted by the Committee set up under Article 30 of Regulation (EC) No 2371/2002.

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

3. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.

Article 14 Amendments to Regulation (EC) No 1984/2003

1. Regulation (EC) No 1984/2003 is amended as follows:

(a) in the title, the words "bluefin tuna" are deleted;

(b) in Article 1(a), the words "bluefin tuna ( Thunnus thynnus )" are deleted;

(c) in Article 2, the words "bluefin tuna" are deleted;

(d) in Article 3, point (a) is deleted;

(e) in Article 4(1), the first indent is deleted;

(f) in Article 4(2)(b)(iii), the words "bluefin tuna" are deleted;

(g) in Article 5(1), the first indent is deleted;

(h) in Article 6(1) second paragraph, point (a) is deleted;

(i) in Article 8(a), the words "bluefin tuna" are deleted;

(j) in Article 9(2), point (a) is deleted;

(k) Annexes I, IVa, IX and XV are deleted.

2. References to the deleted provisions of Regulation (EC) No 1984/2003 shall be construed as references to this Regulation.

Article 15 Entry into force and application

This Regulation shall enter into force on the twentieth day following that of 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

ANNEX I

PRODUCTS REFERRED TO IN ARTICLE 2(a)Goods Description | Code of the Combined Nomenclature[8] |

Live Bluefin tunas (Thunnus thynnus) | 0301 94 00 |

Bluefin Tunas (Thunnus thynnus), fresh or chilled excluding fillets and other meat | 0302 35 10 |

Bluefin Tunas (Thunnus thynnus), fresh or chilled excluding fillets and other meat other than for the industrial manufacture of prepared or preserved fish | 0302 35 90 |

Whole Bluefin tunas (Thunnus thynnus), frozen, excluding fillets and other meat for the industrial manufacture of prepared or preserved fish | 0303 45 11 |

Bluefin tunas (Thunnus thynnus), frozen, gilled and gutted excluding fillets and other meat for the industrial manufacture of prepared or preserved fish | 0303 45 13 |

Bluefin tunas (Thunnus thynnus), frozen, other than whole or gilled and gutted excluding fillets and other meat for the industrial manufacture of prepared or preserved fish | 0303 45 19 |

Bluefin tunas (Thunnus thynnus), frozen, excluding fillets and other meat other than for the industrial manufacture of prepared or preserved fish | 0303 45 90 |

Fillets of Bluefin tunas (Thunnus thynnus) fresh or chilled | ex 0304 19 39 |

Meat other than fillets of Bluefin tunas (Thunnus thynnus) fresh or chilled | ex 0304 19 39 |

Fillets and other meat of Bluefin tunas (Thunnus thynnus) frozen | ex 0304 29 45 |

Other meat of Bluefin tunas (Thunnus thynnus) | ex 0304 99 99 |

Flours, meals and pellets of Bluefin tunas (Thunnus thynnus) | ex 0305 10 00 |

Livers and roes of Bluefin tunas (Thunnus thynnus), dried, smoked, salted or in brine | ex 0305 20 00 |

Fillets of Bluefin tunas (Thunnus thynnus), dried, salted or in brine but not smoked | ex 0305 30 90 |

Smoked Bluefin tunas (Thunnus thynnus) including fillets | ex 0305 49 80 |

Dried Bluefin tunas (Thunnus thynnus) whether or not salted but not smoked | ex 0305 59 80 |

Bluefin tunas (Thunnus thynnus) salted but not dried or smoked and in brine | ex 0305 69 80 |

Bluefin tunas (Thunnus thynnus) whole or in pieces but not minced, prepared or preserved in vegetable oil | ex 1604 14 11 |

Bluefin tunas (Thunnus thynnus) whole or in pieces but not minced, prepared or preserved other than in vegetable oil fillets known as loins | ex 1604 14 16 |

Bluefin tunas (Thunnus thynnus) whole or in pieces but not minced, prepared or preserved other than in vegetable oil and other than fillets known as loins | ex 1604 14 18 |

Bluefin tunas (Thunnus thynnus) other than whole or in pieces but not minced, prepared or preserved | ex 1604 20 70 |

ANNEX II

DATA TO BE INCLUDED IN BLUEFIN TUNA CATCH DOCUMENT

1. ICCAT Bluefin tuna catch document number

2. Catch Information

Vessel or trap description

Catching vessel or trap name

Flag or trap State

ICCAT Record No of vessels or traps (if applicable)

Catch description

Date, area of catch and gear used

Number of fish, total round weight, and average weight

Tag No. (if applicable)

ICCAT Record No of joint fishing operations (if applicable)

Government validation

Name of authority and signatory, title, address, signature, seal and date

3. Trade Information for live fish

Product description

Total live weight, number of fish, area of catch

Exporter/ seller information

Point of export or departure (if offshore, specify the fishery zone where bluefin tuna were caught )

Export company name, address, signature and date

Farm (name and ICCAT No) and State of destination

Description of transportation (relevant documentation to be attached)

Importer/buyer information

Point of import or destination

Import company name, address, signature and date of signature

Government validation

Name of authority and signatory, title, address, signature, seal and date

4. Transfer information

Towing vessel description

ICCAT transfer declaration No

Vessel name, flag

ICCAT Record No. and towing cage number (if applicable)

Number of fishes dead during transfer, total weight

5. Transhipment information

Carrier vessel description

Name

Flag State

ICCAT Record No.

Date

Port (name and country or position)

Product description

(F/FR; RD/GG/DR/FL/OT)

Total weight (NET)

Government validation

Name of authority and signatory, title, address, signature, seal and date

6. Farming information

Farming facility description

Name, Farm Member State

ICCAT FFB No. and location of farm

Participation in national sampling program (yes or no)

Cage description

Date of caging, cage number

Fish description

Estimates of number of fish, total weight, and average weight

Observer information

Name, title, signature

Government validation

Name of authority and signatory, title, address, signature, seal and date

7. Harvest from farms information

Harvesting description

Date of harvest

Number of fish, total (round) weight, and average weight

Tag numbers (if applicable)

Estimated size composition (<8 kg, 8-30 kg, >30 kg)

Government validation

Name of authority and signatory, title, address, signature, seal and date

8. Trade information

Product description

F/FR; RD/GG/DR/FL/OT (when different type of products are recorded in this section, the weight shall be recorded by each product type)

Total weight (NET)

Exporter/Seller information

Point of export or departure

Export company name, address, signature and date

State of destination

Description of transportation (relevant documentation to be attached)

Government validation

Name of authority and signatory, title, address, signature, seal and date

Importer/buyer information

Point of import or destination

Import company name, address, signature and date of signature

ANNEX III

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ANNEX IV

DATA TO BE INCLUDED IN THE ICCAT BLUEFIN TUNA RE-EXPORT CERTIFICATE

1. Document number of the re-export certificate

2. Re-export section

Re-exporting Member State

Point of re-export*

3. Description of imported bluefin tuna

Product type F/FR RD/GG/DR/FL/OT

Net weight (kg)

Catch document number(s) and date(s) of importation

Flag(s) of fishing vessel(s) or state of establishment of the trap, where appropriate

4. Description of bluefin tuna to be re-exported

Product type F/FR RD/GG/DR/FL/OT

Net weight (kg)

Corresponding catch document number(s) from section 3

5. Statement of re-exporter

Name

Address

Signature

Date

6. Validation by authorities

Name and address of the authority

Name and position of the official

Signature

Date

Government seal

7. Import section

Statement by the importer in the Member State or CPC of import of the bluefin tuna consignment

Name and address of the importer

Name and signature of the importer’s representative and date

Point of import: City and CPC

Note – Copies of the catch document(s) and Transport document(s) shall be attached

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ANNEX V

REPORT ON THE IMPLEMENTATION OF THE ICCAT BLUEFIN TUNA CATCH DOCUMENTATION PROGRAMME

Reporting Member State:

Period of reference: July 1 [2XXX] to June 30 [2XXX]

1. Information extracted from catch documents

– number of catch documents validated,

– number of validated catch documents received,

– total amount of bluefin tuna traded domestically, with breakdown by fishing areas and fishing gears,

– total amount of bluefin tuna imported, exported, transferred to farms, re-exported with breakdown by CPC of origin, re-export or destination, fishing areas and fishing gears,

– number of verifications of catch documents requested to other Member States or CPCs and summary results,

– number of requests for verifications of catch documents received from other Member States or CPCs and summary results,

– total amount of bluefin tuna consignments subject to a prohibition decision with breakdown by products, nature of operation (domestic trade, import, export, re-export, transfer to farms), reasons for prohibition and Member States, CPCs and/or non-Contracting Parties of origin or destination.

2. Information on consignments under Article 9(1)

– number of consignments,

– total amount of bluefin tuna with breakdown by products, nature of operation (domestic trade, import, export, re-export, transfer to farms), Member States, CPCs or other countries referred to in Article 9(1).

[1] OJ C […], […], p. […].

[2] OJ C […], […], p. […].

[3] OJ L 179, 23.6.1998, p. 1.

[4] OJ L 189, 3.7.1998, p. 14.

[5] OJ L 177, 16.7.1996, p. 24.

[6] OJ L 162, 18.6.1986, p. 33.

[7] OJ L 295, 13.11.2003, p. 1.

[8] Annex 1 to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1–675) as last amended by Commission Regulation (EC) No 332/2009 of 23 April 2009 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Customs Tariff (OJ L 104, 24.4.2009, p. 3)