Proposal for a COUNCIL REGULATION prohibiting imports of Atlantic swordfish (Xiphias gladius) originating in Sierra Leone and repealing Regulation (EC) No 2093/2000

(presented by the Commission)

EXPLANATORY MEMORANDUM

The International Commission for the Conservation of Atlantic Tunas (ICCAT) is responsible for the conservation and management of tuna stocks in the Atlantic Ocean and its adjacent seas. It enforces the proper management of tuna stocks by imposing trade sanctions on any party that proves to be in breach of its measures. As a contracting party to ICCAT, the Community has to ensure that the organisation's recommendations concerning trade sanctions are transposed into Community law.

On 28 September 2000 the Council adopted Regulation (EC) No 2093/2000 transposing into Community law the ICCAT recommendation on the prohibition of imports of Atlantic swordfish originating in Belize and Honduras. ICCAT has since adopted further recommendations concerning the importation of Atlantic swordfish from both these and other countries. Community law should therefore be adapted to take account of the latest recommendations, which are set out below.

At its November 2001 general meeting ICCAT adopted a recommendation lifting, as of 21 September 2002, the prohibition on imports by contracting parties of Atlantic swordfish in any form from Honduras following the country's decision to cooperate with ICCAT and join the organisation.

At its extraordinary meeting in November 2002 ICCAT adopted a recommendation prohibiting, as of 3 June 2003, the import by its contracting parties of Atlantic swordfish in any form from Sierra Leone. This recommendation is based on the 1998 resolution concerning unregulated and unreported tuna catches by large-scale longline vessels in the ICCAT Convention area.

At its November 2003 meeting ICCAT recommended the lifting, as of 1 January 2004, of the prohibition on the import by its contracting parties of Atlantic swordfish in any form from Belize.

The European Community has been a Contracting Party to ICCAT since 14 November 1997, and, under the common commercial policy, these import prohibitions have to be implemented at Community level. As with the adoption of Council Regulation (EC) No 2093/2000, the Community considers these measures to be fully compatible both with its WTO obligations under Article XX(g) of GATT-1994, which allows for trade measures to protect exhaustible resources, and, as regards Sierra Leone, with Article 2(2) of Annex V to the ACP-EC Partnership Agreement signed in Cotonou.

In view of the various ICCAT recommendations, it is proposed that Council Regulation (EC) No 2093/2000 be repealed and replaced by the proposed Regulation.

2004/0044 (ACC)

Proposal for a COUNCIL REGULATION prohibiting imports of Atlantic swordfish (Xiphias gladius) originating in Sierra Leone and repealing Regulation (EC) No 2093/2000

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Fishery resources, which are an exhaustible natural resource, must be protected in the interests of biological balances and global food security.

(2) In 1995 the International Commission for the Conservation of Atlantic Tunas (ICCAT), to which the European Community is a contracting party, adopted, to ensure the effective conservation of the species, an action plan to ensure the effectiveness of the conservation programme for Atlantic swordfish.

(3) The stocks concerned cannot be managed effectively by the ICCAT contracting parties, whose fishermen are obliged to reduce their catches of Atlantic swordfish, unless all non-contracting parties fishing Atlantic swordfish cooperate with ICCAT and comply with its conservation and management measures.

(4) In 1998 ICCAT identified Belize and Honduras, and in 2002 Sierra Leone, as countries whose vessels fish Atlantic swordfish in a manner which diminishes the effectiveness of the organisation's swordfish conservation measures, substantiating its findings with data concerning catches, trade and the activities of vessels.

(5) Imports of Atlantic swordfish originating in Belize and Honduras are currently prohibited by Regulation (EC) No 2093/2000. [1]

[1] OJ L 249, 4.10.2000, p. 3.

(6) ICCAT has taken note of the strengthening of cooperation with Honduras for the conservation of Atlantic swordfish. At its 2001 annual meeting it recommended the lifting of the prohibition of imports of Atlantic swordfish in any form imposed by the contracting parties on Honduras.

(7) ICCAT has taken note of the strengthening of cooperation with Belize for the conservation of Atlantic swordfish. At its 2003 annual meeting it lifted, as of 1 January 2004, the prohibition of imports of Atlantic swordfish in any form imposed by the contracting parties on Belize.

(8) ICCAT's attempts to encourage Sierra Leone to comply with measures for the conservation and management of Atlantic swordfish have been to no avail.

(9) ICCAT has recommended its contracting parties to take appropriate steps to ban imports of these products in any form from Sierra Leone. These measures will be lifted as soon as it is established that the country in question has brought its fishing practices into line with ICCAT's measures. These measures should therefore be implemented by the Community, which has sole competence in the matter.

(10) For the sake of transparency, Regulation (EC) No 2093/2000 should be repealed and replaced by this Regulation.

(11) These measures are compatible with the Community's obligations under other international agreements,

HAS ADOPTED THIS REGULATION:

Article 1

For the purposes of this Regulation, "importation" means the customs procedures referred to in Article 4(15)(a), (15)(b) and (16)(a) to (16)(f) of Council Regulation (EEC) No 2913/92. [2]

[2] OJ L 302, 19.10.1992, p. 1.

Article 2

1. The importation into the Community of Atlantic swordfish (Xiphias gladius) originating in Sierra Leone and falling within CN codes ex 0301 99 90, 0302 69 87, 0303 79 87, ex 0304 10 38, ex 0304 10 98, 0304 20 87, 0304 90 65, ex 0305 20 00, ex 0305 30 90, ex 0305 49 80, ex 0305 59 80 and ex 0305 69 80 is prohibited.

2. The importation of any processed product derived from the Atlantic swordfish referred to in paragraph 1 and falling within codes ex 1604 19 91, ex 1604 19 98 and ex 1604 20 90 is prohibited.

Article 3

This Regulation shall not apply to quantities of the products referred to in Article 2 and originating in Sierra Leone which can be shown to the satisfaction of the competent national authorities to have been under way to Community territory on the date of its entry into force and which are released for free circulation no later than 14 days after that date.

Article 4

Regulation (EC) No 2093/2000 is repealed.

Article 5

This Regulation shall enter into force on the seventh 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