Proposal for a COUNCIL REGULATION laying down control measures applicable to fishing for certain stocks of highly migratory fish

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Community has an involvement with certain regional fishery organisations that provide a framework for cooperation on conservation and management of stocks of highly migratory fish.

These fish are listed in Annex I to this Regulation. The main species fished are tuna and certain associated species such as swordfish.

The regional organisations in question are:

- the International Commission for the Conservation of Atlantic Tunas (ICCAT), the Community being a member since 14 November 1997,

- the Indian Ocean Tuna Commission (IOTC), the Community being a member since 18 September 1995,

- the Inter-American Tropical Tuna Commission (IATTC), to which the Community has initiated an accession procedure.

Recent trends in international law have meant rapid expansion of the activities of regional fishery organisations. Formerly these were limited essentially to information exchange but the organisations are now adopting recommendations in numerous areas, notably on control and surveillance measures covering in particular collection and transmission of statistics, vessel inspection, vessel surveillance by satellite, transhipments and landings, and checks on non-contracting parties' and stateless vessels.

These recommendations become compulsory for contracting parties that have not objected to them. As a contracting party to ICCAT and IOTC it falls to the Community to apply the recommendations adopted to which it has not raised objections.

In view of its fishing interests in the Eastern Pacific Ocean the Community has initiated the procedure for its accession to IATTC. Pending this and in line with its obligation under the United Nations Convention on the Law of the Sea to cooperate with the contracting parties involved in conservation and management of this zone's fish resources the Community has decided to apply already the measures adopted by IATTC. These should therefore be transposed into Community law.

Implementing provisions should also be laid down for the Agreement on the International Dolphin Conservation Programme adopted in the IATTC framework. The Community wishes to ratify this Agreement and has decided to apply it provisionally before its formal accession.

Some of the recommendations adopted by these organisations have already been transposed by Council Regulation (EC) No 1351/1999 of 21 June 1999 laying down certain control measures to ensure compliance with the measures adopted by ICCAT and by Council Regulation (EC) No 2742/1999 of 17 December 1999 fixing for 2000 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and, for Community vessels, in waters where limitations in catch are required and amending Regulation (EC) No 66/98.

For clarity and readability a single Council Regulation should group the control measures covering stocks of highly migratory fish.

There are Community fisheries for highly migratory stocks in several oceans and numerous seas. These lie within Community waters, in international waters and under bilateral agreements in the waters of certain third countries. They display very similar features and hence need a coherent general approach.

The attached proposal transposes and groups together all the control measures applicable to certain stocks of highly migratory fish. The provisions from Regulations already adopted have been taken over without substantial change. Articles drawn up for new transposition of recommendations are underlined.

The Commission proposes that the Council adopt the attached Regulation after consultation of the European Parliament.

2000/0253 (CNS)

Proposal for a

COUNCIL REGULATION

laying down control measures applicable to fishing for certain stocks of highly migratory fish

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],

[1] OJ C..., ..., p. ...

Having regard to the opinion of the European Parliament [2],

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

Whereas:

(1) The Community has since 14 November 1997 been a contracting party to the International Convention for the Conservation of Atlantic Tunas [3], termed "ICCAT Convention" below.

[3] OJ L 162, 18.6.1986, p. 34.

(2) The ICCAT Convention provides a framework for regional cooperation on the conservation and management of resources of tuna and tuna-like fish in the Atlantic ocean and adjacent seas through an International Commission for the Conservation of Atlantic Tunas, termed "ICCAT" below, and the adoption of recommendations on conservation and management in the Convention area that become obligatory for contracting parties.

(3) ICCAT has adopted a number of recommendations creating control and surveillance obligations, notably on the establishment and transmission of statistics, inspection in port, vessel surveillance by satellite, vessel observations and transhipments, and checks on non-contracting parties' and on stateless vessels. These recommendations have become obligatory for the Community and should therefore be implemented.

(4) Certain obligations have been transposed into Council Regulation (EC No 1351/1999 of 21 June 1999 laying down certain control measures to ensure compliance with the measures adopted by ICCAT [4] and into Article 22(1) of Council Regulation (EC) No 2742/1999 of 17 December 1999 fixing for 2000 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and, for Community vessels, in waters where limitations in catch are required and amending Regulation (EC) No 66/98 [5]. For clarity these measures should be incorporated in a single Regulation.

[4] OJ L 162, 26.6.1999, p. 6.

[5] OJ L 341, 31.12.1999, p. 1.

(5) For scientific research purposes masters of Community fishing vessels should be required to comply with the instructions of the Operational manual for statistics and sampling of tuna and tuna-like fish in the Atlantic Ocean published by ICCAT.

(6) The Community has approved the Agreement for the establishment of the Indian Ocean Tuna Commission [6], termed "IOTC" below. The Agreement provides a useful framework for strengthening international cooperation for the purpose of conserving and rationally utilising Indian Ocean tuna and related species, through creation of the IOTC and the adoption of recommendations on conservation and management in its area of competence that become binding on contracting parties.

[6] OJ L 236, 5.10.1995, p. 24.

(7) The IOTC has adopted a recommendation on the recording and exchange of information on tropical tuna. This is binding on the Community, which should therefore implement it.

(8) The Community has fishing interests in the Eastern Pacific and has initiated the procedure for accession to the Inter-American Tropical Tuna Commission, termed "IATTC" below. Pending accession and in line with its cooperation requirement arising under the United Nations Convention on the Law of the Sea it has decided to apply the measures adopted by the IATTC, and should therefore apply those adopted on control and surveillance.

(9) The Community has signed the Agreement on the International Dolphin Conservation Programme [7], has decided by Decision 1999/386/EC [8] to apply it provisionally pending its approval, and should therefore apply its provisions.

[7] OJ L 132, 27.5.1999, p. 1.

[8] OJ L 147, 12.6.1999, p. 23.

(10) Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy [9] applies to all fishing activities and all associated activities carried out on the territory and in the maritime waters subject to the sovereignty or jurisdiction of Member States, including those of Community fishing vessels operating in the waters of third countries or on the high seas, without prejudice to fishery agreements concluded between the Community and third countries or international conventions to which the Community is a party.

[9] OJ L 261, 20.10.1993, p. 1.

(11) Since the measures necessary for implementation of this Regulation are management measures within the meaning of Article 2 of Decision 1999/468/EC of 28 June 1999 laying down the procedures for exercise of implementing powers conferred on the Commission [10], they should be adopted using the management procedure specified in Article 4 of that Decision,

[10] OJ L 184, 17.7.1999, p. 23.

HAS ADOPTED THIS REGULATION:

Article 1

Purpose

1. This Regulation lays down control and inspection measures relating to fishing for stocks of the highly migratory fish species listed in Annex I to this Regulation and shall apply to vessels flying the flag of Member States and registered in the Community, termed "Community fishing vessels" below, operating in one of the zones specified in Article 2.

Article 2

Zones

For the purposes of this Regulation the following marine zones are specified:

a) Zone 1:

All waters of the Atlantic Ocean and adjacent seas included in the ICCAT Convention area specified in Article I of the Convention.

b) Zone 2 :

All Indian Ocean waters included in the area of competence specified in Article II of the Agreement for the establishment of the IOTC.

c) Zone 3 :

All Eastern Pacific Ocean waters included in the area specified in Article III of the Agreement on the International Dolphin Conservation Programme.

Article 3

Definitions

For the purposes of this Regulation the following definitions shall apply:

(a) boarding: the boarding of a fishing vessel within an organisation's area of competence by one or more authorised inspectors in order to make an inspection;

(b) transhipment: any transfer from one vessel to another of any quantity of highly migratory fish or products from such fish;

(c) landing: any use of the unloading equipment of a port or any other place to land any quantity of highly migratory fish or products from such fish held on board;

(d) infringement: any act committed or omitted by a fishing vessel that is recorded in an inspection or observation report and gives serious reason for suspecting a breach of the provisions of this Regulation or any other Regulation transposing a recommendation adopted by a regional organisation for one of the zones indicated in Article 2;

(e) vessel of a non-contracting party: vessel identified and declared as engaged in fishing activities in one of the zones specified in Article 2 that is flying the flag of a country that is not a contracting party to the relevant regional organisation;

(f) stateless vessel: vessel for which all indications are that it has no nationality.

Chapter I - Control and inspection measures applicable in zone 1

Section 1: Control measures

Article 4

Catch sampling

1. Sampling of catches shall be carried out by the masters of Community fishing vessels, at sea and on land, or by default by persons authorised by ICCAT.

2. Detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 24(2).

Article 5

Catch notification

1. Member States shall transmit to the ICCAT Executive Secretariat, with electronic access for the Commission, the biological data compiled and catch and fishing effort data, collecting data on composition and live weight for those species landed that are indicated in Annexes II and III on the date of their transhipment or landing and for the place where they were caught. Data transmission shall be according to the requirements of the Operational manual for statistics and sampling of tuna and tuna-like fish in the Atlantic Ocean (3rd edition, ICCAT, 1990) i.e.:

-15 September: rough estimates of catches of main species in first six months

-1 November: same estimates for second six months

-1 March of following year: same estimates for entire year

-30 April of following year: more precise figures that can be corrected later.

2. Member States shall transmit annually before 15 August to the ICCAT Executive Secretariat, with electronic access for the Commission

(a) catch and fishing effort data for the previous year, giving a detailed spatio-temporal breakdown

(b) any data they have on sport fishing catches of tuna and tuna-like fish.

3. Detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 24(2).

Article 6

Information on shark catches

Masters of Community vessels shall notify any catches of and trade in sharks to their national authority, which shall transmit it to the ICCAT Executive Secretariat with electronic access for the Commission.

Article 7

Undeclared catches

For imports of frozen tuna and tuna-like fish, at the Commission's request Member States shall collect and examine as much import data as possible and all related information such as vessel names, their registration and owner, species fished and weight, fishing zone and place of export.

Article 8

Observation of vessels

1. For the purposes of this Article "observation" means any observation, by a Member State's vessel, aircraft or competent authority responsible for inspection at sea, of:

-a stateless vessel likely to be fishing for species listed in Annex I

-or flying the flag of another contracting party and likely to be fishing in breach of ICCAT conservation measures

-or flying the flag of a non-contracting party, entity or fishing entity and likely to be fishing in breach of ICCAT conservation measures.

2. The observation shall be transcribed onto a standard observation form and shall if possible give all the information for which that form provides. It may be accompanied by photographs of the vessel.

3. Observation forms shall be sent without delay to the competent authority of the observer's Member State, which shall immediately transmit them to the Commission, which shall inform the flag country of the vessel observed. The Commission shall immediately transmit observation forms to the ICCAT Executive Secretariat.

4. A Member State receiving observations on the activity of a vessel flying its flag from the competent authority of a contracting party shall immediately notify these and all relevant information to the Commission, which shall notify this information in due time to the Executive Secretariat for examination by the Compliance Committee.

5. Masters of Community vessels shall transmit to their authority any information on vessels assumed to be fishing for bigeye tuna in the Convention area that are not on the list drawn up by the ICCAT Executive Secretariat. Member States shall notify these observations as soon as possible to the Commission, which shall inform the ICCAT Executive Secretariat.

6. Detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 24(2).

Article 9

Annual report

1. Before 15 October each year Member States shall send the Commission a national report, using the layout adopted by ICCAT and including (a) information on implementation of the satellite surveillance system and (b) an "ICCAT declaration table" for each fishery accompanied by comments inter alia on breaches of the tolerance margins set by ICCAT for the minimum sizes of certain species and the action taken or to be taken. Member States shall also say how sport fishing for tuna and tuna-like fish is regulated and give details of any transhipment operations involving their vessels during the previous year.

2. Detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 24(2).

Section 2: Port Inspection Procedures

Article 10

General

1. Member States shall assign to inspection duties at their ports inspectors responsible for the surveillance and inspection of transhipment and landing of the species listed in Annex I.

2. Member States shall ensure that inspection is non-discriminatory and in line with ICCAT port inspection arrangements.

3. Vessels entering ports solely for reasons of force majeure shall be exempt from inspection.

Article 11

Inspectors

1. Member States shall issue a special identity card to each ICCAT inspector which he must carry and present before making an inspection. The particulars of the card shall be determined in accordance with the procedure referred to in Article 24(2). Member States shall notify a list of their inspectors to the Commission for transmission to the ICCAT Executive Secretariat.

2. Member States shall ensure that ICCAT inspectors discharge their tasks in conformity with the rules laid down in the ICCAT port inspection arrangements. Inspectors shall remain under the operational control of their competent authority and be responsible to it for their acts.

Article 12

Inspection procedures

1. Member States shall ensure that their ICCAT inspectors:

-in making their inspections cause minimum disturbance to the vessel's activities and cause no deterioration in fish quality;

-draw up an inspection report in line with rules laid down in accordance with the procedure referred to in Article 24(2) and transmit it to their authority.

2. Inspectors shall be authorised to examine all zones, decks and chambers of the vessel, catches (processed or not), gear, equipment and any documentation thought to be needed to check compliance with the conservation measures adopted by ICCAT, including the log book and the loading papers in the case of mother ships and carriers.

3. Inspectors shall sign their report in the presence of the master, who shall have the right to add or cause to be added any information that he considers relevant and sign it. The inspector shall indicate in the log book that an inspection has been made.

Article 13

Master's obligations during inspection

Masters of Community vessels shall

(a) raise no objection to inspections in national or foreign ports by authorised inspectors, shall not try to intimidate them or incommode them in the course of their work and shall ensure their safety;

(b) cooperate in inspection of the vessel performed in accordance with the procedures laid down in this Regulation and lend their assistance thereto;

(c) afford inspectors the means of examining the zones, decks and chambers of the vessel, catches (processed or not), gear, equipment and all documents, including fishing logs and loading papers.

Article 14

Procedure in event of infringement

1. If an ICCAT inspector has serious reason to believe that a fishing vessel has engaged in an activity breaching the conservation measures adopted by ICCAT he shall:

(a) note the infringement in the inspection report;

(b) take all necessary action to ensure safekeeping of the evidence for it;

(c) immediately send the inspection report to his authority.

2. The inspecting Member State shall immediately send the original inspection report to the Commission, which shall immediately transmit it, with a copy to the ICCAT Executive Secretariat, to the competent authority of the flag country of the inspected vessel.

Article 15

Follow-up of infringements

1. If a Member State is notified by an ICCAT contracting party or another Member State of an infringement by a vessel flying its flag, it shall take speedy action in line with its national legislation to obtain and examine the evidence, carry out any necessary investigation and if possible inspect the vessel.

2. Each Member State shall name the authority mandated to receive evidence of infringements and notify its name, address and other contact particulars to the Commission.

3. The flag Member State shall notify the Commission, which shall in turn notify the ICCAT Executive Secretariat, of the penalties imposed and measures taken with regard to the vessel concerned.

Article 16

Treatment of inspection reports

1. Each Member State shall attach the same value to reports made by ICCAT inspectors of other Member States and other contracting parties as to those made by its own inspectors.

2. Each Member State shall cooperate with the contracting parties concerned by facilitating, in line with its national legislation, legal or other proceedings arising from a report submitted by an ICCAT inspector under the ICCAT port inspection arrangements.

Section 3: Stateless and non-contracting parties' vessels

Article 17

Transhipment

1. Community fishing vessels may not receive transhipments at sea of fish of the species listed in Annex I from stateless vessels or those flying the flag of a non-contracting party that does not have the status of a cooperating party, entity or fishing entity.

2. The list of cooperating parties, entities and fishing entities adopted by ICCAT is given in Annex IV. The Commission shall amend that Annex in line with ICCAT decisions.

3. Before 15 September each year Member States shall send the Commission particulars of transhipments made during the previous year between vessels flying their flag and stateless vessels or vessels flying the flag of a non-contracting party. The Commission shall forward this information to the ICCAT Executive Secretariat.

Article 18

Control measures for fishing activities

1. The competent authority of a Member State that has boarded and/or inspected a stateless vessel shall immediately inform the Commission of the inspection findings and of any action it has taken under international law. The Commission shall send this information as soon as possible to the ICCAT Executive Secretariat.

2. Member States shall ensure that every stateless or non-contracting party vessel that enters a designated port within the meaning of Article 28e(2) of Regulation (EEC) No 2847/93 is inspected by their competent authority. Until inspection is completed the vessel's catches may not be landed or transhipped.

3. If inspection reveals that the vessel has on board resources covered by an ICCAT recommendation transposed into Community law, the Member State shall prohibit their landing or transhipment.

4. The prohibition referred to in paragraph 3 shall not be issued if the master of the inspected vessel or his representative demonstrates to the competent authority's satisfaction that:

(a) the catches on board were taken outside the zone, or

(b) the catches on board were taken without infringing the Community's conservation measures.

Article 19

Member States' nationals

Each Member State shall try, as its national legislation permits, to deter its nationals from participating in activities of non-contracting parties that conflict with implementation of the ICCAT conservation and management measures.

Chapter II - Control and surveillance measures applicable in zone 2

Article 20

General

Each Member State shall take the action necessary in order that vessels flying its flag respect the measures applicable in the zone.

Article 21

Observations

1. Masters of Community vessels authorised to fish in the zone shall transmit to their national authority their observations of non-contracting parties' vessels presumed or known to be fishing for bigeye, yellowfin or skipjack tuna in the zone.

2. Member States shall send this information as soon as possible to the Commission, which shall forward it to the IOCT.

Chapter III - Control and surveillance measures applicable in zone 3

Article 22

General

Each Member State shall take the action necessary in order that vessels flying its flag respect the IATTC and International Dolphin Conservation Programme Agreement measures applicable.

Article 23

Catch registration, sampling and notification

1. Member States shall set up registration and sampling systems affording monthly estimates of the total quantities of bigeye tuna fished by purse seine, and yellowfin tuna, that were landed or transhipped by vessels flying their flag and registered in the Community, and also of the total quantities landed at their ports by vessels flying the flag of another Member State and registered in the Community.

2. Without prejudice to Article 18 of Regulation (EEC) No 2847/93, Member States shall, for bigeye tuna, notify to the Commission before the 15th of each month the total quantities that were landed or transhipped in the previous month by vessels flying their flag and registered in the Community and the total quantities landed at their ports by vessels flying the flag of another Member State and registered in the Community.

Chapter IV - Final provisions

Article 24

1. The Commission shall be assisted by the Management Committee for Fisheries and Aquaculture.

2. In cases where this paragraph is referred to, the management procedure specified in Article 4 of Decision 1999/468/EC shall apply, as shall Article 7 thereof.

3. The period mentioned in Article 4(3) of Decision 1999/468/EC shall be one month.

Article 25

1. Regulation (EC) No 1351/1999 is repealed.

2. Article 22(1) of Regulation (EC) No 2742/1999 is deleted.

3. References to the said repealed Regulation and deleted paragraph shall be understood as made to this Regulation, the correspondence table in Annex V applying.

Article 26

This Regulation shall enter into force on the 20th day following 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.

Done at Brussels,

For the Council

The President

ANNEX I

HIGHLY MIGRATORY SPECIES

-Albacore: Thunnus alalunga

-Bluefin tuna: Thunnus thynnus

-Bigeye tuna: Thunnus obesus

-Skipjack tuna: Katsuwonus pelamis

-Atlantic bonito: Sarda sarda

-Yellowfin tuna: Thunnus albacares

-Blackfin tuna: Thunnus atlanticus

-Euthynnus spp.

-Southern bluefin tuna: Thunnus maccoyii

-Auxis spp.

-Ray's bream: Brama rayi

-Marlins: Tetrapturus spp.; Makaira spp.

-Sailfish: Istiophorus spp.

-Swordfish: Xiphias gladius

-Sauries: Scomberesox spp.; Cololabis spp.

-Sharks: Hexanchus griseus; Cetorhinus maximus; Alopiidae; Carcharhinidae; Sphymidae; Isuridae; Lamnidae

-Cephalopods (all species)

-Cetaceans (whales and porpoises) : Physeteridae ; Belaenopteridae ; Balenidae ; Eschrichtiidae ; Monodontidae ; Ziphiidae ; Delphinidae.

ANNEX II

HIGHLY MIGRATORY SPECIES SUBJECT TO TOTAL

ALLOWABLE CATCHES

>TABLE POSITION>

ANNEX III

HIGHLY MIGRATORY SPECIES SUBJECT TO

QUARTERLY NOTIFICATION

Latin name // Ordinary name

Thunnus alalunga // Albacore

Thunnus albacares // Yellowfin tuna

Katsuwonus pelamis // Skipjack tuna

Sarda sarda // Atlantic bonito

and any other species taken by Member States' vessels that is on the ICCAT species list

ANNEX IV

LIST OF COOPERATING PARTIES,

ENTITIES AND FISHING ENTITIES

Mexico (United Mexican States)

Taiwan

ANNEX V

CORRESPONDENCE TABLE

Regulation (EC) No 1351/1999 // This Regulation

Articles 1, 2, 3

Article 4

Article 5 // Article 8

Article 18

Article 17

Regulation (EC) No 2742/1999 // This Regulation

Article 22(1) // Article 23