COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 10.02.1998 
COM(1998) 48 final 
98/0033 (ACC) 
Proposal for a 
COUNCIL REGULATION (EC) 
prohibiting imports of Atlantic blue-fin tuna (Thunnus thynnus) originating in Belize and 
Honduras 
(presented by the Commission) 

Explanatory Memorandum 
At its last meeting in November 1996, the International Commission for 
the Conservation of Atlantic Tuna (ICCAT) adopted two 
recommendations to prohibit the import of Atlantic Blue-Fin Tuna by its 
Contracting Parties, in any form, from Belize and Honduras, with effect 
from 4 August 1997. Following several attempts to invite these countries 
to cooperate with ICCAT and to ensure that the agreed conservation and 
management regimes are respected, these two countries have been cited 
by ICCAT for the non-respect of and non-compliance with internationally 
agreed conservation measures and for non-cooperation with that 
organisation. 
The Community has become a Contracting Party to ICCAT as from 
14.11.1997. As a consequence, the Community is obliged to respect the 
ICCAT recommendations and must implement these at the Community 
level as a part of the common commercial policy. The objective of this 
proposal is, therefore, to prohibit imports of Atlantic bluefin tuna from 
Belize and Honduras. 
The Commission has sent to the Council the necessary proposals for the 
implementation of various technical ICCAT recommendations on the 
Community level. These measures concern a partial prohibition of purse 
seine fishing for bluefin tuna in the Mediterranean, the prohibition of 
certain fisheries supportive activities, minimum size for bluefin tuna and 
the fixation of total allowable catches for bluefin tuna as well as their 
distribution in quotas to Member States (1998). The Council adopted the 
total allowable catches and their distribution in quotas in December 1997. 
The other technical measures are still under discussion. Therefore, the 
measures foreseen in this proposal should only be adopted in parallel with 
the other technical measures applicable to the fishing of Blue-Fin Tuna in 
the Mediterranean Sea. 
The Community considers the commercial measures to be fully 
compatible with our obligations under WTO, GATT Article XX(g), 
which provides a legal basis for the conservation of exhaustible natural 
resources. The ICCAT recommendations on conservation measures for 
bluefin tuna, when fully implemented on the Community level, will 
secure effective restrictions on the domestic production of the 
Community. 
-I 
As regards Belize, the Commission considers these measures to be 
compatible with the LOME Convention, especially Articles 169 and 170 
thereof. These articles shall be interpreted in such a way that it is allowed 
to restrict imports to the extent necessary for protecting the conservation 
of living marine resources, when such measures are similar to measures 
the Community has taken for the same purpose. 
The ICCAT management measures for bluefin tuna are directed at a 
reduction in the fishing mortality for that species in order to assure its 
future conservation. 
The proposals the Commission has submitted to the Council pursue the 
same purpose in reducing catches of bluefin tuna and in adopting 
technical measures to protect, inter alia, juvenile fish. 
3 
Proposal for a 
Council Regulation (EC) No.... 
prohibiting imports of Atlantic blue-fin tuna (Thunnus thynnus) originating in Belize and 
-» Honduras 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas fishery resources, which are an exhaustible natural resource, must be protected 
in the interests of biological balances and global food security; 
Whereas the European Community recognises the authority and the responsibility of the 
competent international organisations for stocks fished in international waters, and 
actively encourages their action; whereas the Community therefore subscribes to the 
objectives fixed by the International Commission for the Conservation of Atlantic Tuna 
(ICCAT) and endorses the measures in its 1994 and 1996 recommendations aimed at 
ensuring the effectiveness of the blue-fin tuna conservation programme; 
Whereas the European Community has become a Contracting Party to ICCAT, from 
14.11.1997, and is bound to implement the measures in question; whereas 
implementation must be handled by the Community, which has sole competence in the 
matter; whereas overfishing of Atlantic blue-fin tuna caused ICCAT to adopt an action 
plan in 1994 to ensure the effectiveness of measures to conserve the species; whereas the 
stocks concerned cannot be managed effectively by the ICCAT contracting parties, 
whose fishermen are obliged to reduce their catches of Atlantic blue-fin tuna, unless all 
non-contracting parties cooperate with ICCAT and comply with its management and 
conservation measures; 
Whereas in 1995 ICCAT identified Belize and Honduras as countries whose vessels fish 
Atlantic blue-fin tuna in a manner prejudicial to the organisation's measures to conserve 
the species, substantiating its findings with data concerning catches, trade and ihe 
observation of vessels; 
Whereas ICCAT's attempts to encourage the two countries to comply with measures for 
the conservation and management of Atlantic blue-fin tuna have been to no avail; 
Whereas ICCAT has instructed the contracting parties to take appropriate measures to 
prohibit imports from Belize and Honduras of Atlantic blue-fin tuna products in any 
form; whereas this measure will be lifted as soon as it is established that the countries in 
question have brought their fishing practices into line with ICCAT's measures; whereas 
this measure must therefore be implemented by the Community; 
<f 
Whereas this measure is compatible with the Community's obligations under other 
international agreements, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. The release for free circulation in the Community of Atlantic blue-fin tuna 
(Thunnus thynnus) of CN codes 0302 39 11, 0302 39 91, 0303 49 21, 0303 49 23, 
0303 49 29, ex 0303 49 90, ex 0304 10 98, ex 0304 20 45, ex 0305 20 00, ex 
0305 30 90, ex 0305 49 80, ex 0305 59 90, ex 0305 69 90, ex 1604 14 11, ex 
1604 14 16, ex 1604 14 18 and ex 1604 20 70 originating in Belize and Honduras 
is hereby prohibited. 
2. The landing of products mentioned in paragraph 1 for the purposes of Community 
transit is hereby prohibited. 
Article 2 
This Regulation shall not apply to quantities of the products referred to in Article 1(1) 
which can be shown to the satisfaction of the competent national authorities to have been 
under way for the Community on the date of its entry into force and which are released 
for free circulation no later than fourteen days after that date. 
Article 3 
This Regulation shall enter into force on the seventh 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, on ... 
For the Council 
r 

ISSN 0254-1475 
COM(98) 48 final 
DOCUMENTS 
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