Proposal for a COUNCIL REGULATION (EEC) introducing a system for the statistical monitoring of trade in bluefin tuna (Thuunus Thynnus) within the Community
Date: 1993-06-01
Institutions: European Commission
Subjects: Community fisheries, conservation of fish stocks, fishery management, form, sea fish, statistics

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(93) 242 final 

Brussels,  1 June  1993 

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

introducing a system for the statistical monitoring of trade 

in bluefin tuna  (Thuunus Thynnus) within the Community 

(presented  by the Commission) 

I 

EXPLANATORY  MEMORANDUM 

The  International  Convention  for  the  Conservation  of  Atlantic  Tunas, 
hereinafter referred  to as the  'ICCAT Convention', is the  international 
forum for development of a policy on the management  and conservation of 
tuna  in  the  Atlantic  Ocean  and  adjacent  seas.  At  its  eighth 
extraordinary  meeting,  held  in  Madrid  from  8  to  13  November  1992,  it 
adopted  a Resolution  designed  to make compulsory  from  1 September  1993 
the presentation  of  a statistical  document, hereinafter  referred  to  as 
the  'Document', when bluefin tuna are  imported  into the territory  of a 
Contracting Party. 

By  Council  Decision  86/238/EEC  of  9  June  1986, the  Community  approved 
its  accession  to  the  ICCAT  Convention,  as  amended  by  the  Protocol 
annexed  to the Final Act of the Conference of Plenipotentiaries  of the 
States  Parties  to  the  Convention  signed  at  Paris  on  10  July  1984. 
Currently,  it  participates  in  the  work  of  the  ICCAT  only  as  an 
observer,  pending  completion  of  that  body's  ratification  procedures. 
However,  those  Community  Member  States  which  are  currently  members  of 
the  Convention  are  required  to  respect  and  apply  ICCAT  Resolutions. 
For the  sound  operation  of  the  internal  market  and  in order  to  ensure 
the  uniform  application  throughout  the  Community  of  this  resolution, 
implementing rules must be adopted at Community level. 

The  Resolution  covers  both  the  information  to  be  provided  in  the 
Document, the  use to  be made  of  it  in world  trade  in bluefin tuna  and 
the collection of the statistical  information obtained. 

Implementation at Community  level should provide for: 

- in  the  case  of  catches  by  vessels  flying  the  flag  of  a  Member 

State and registered there: 

• the  issue of  a Document  in conformity  with the model, completed 
and  signed  by  the  master  of  the  fishing  vessel  under  his 
respons ib i1ity; 

• checking  of  the  document  when  the  product  is  landed  for 
marketing on Community territory by the competent authorities of 
the Member States; 

-  in the case of catches by vessels  from non-member countries: 

• the  requirement  to  produce  a  similar  document  and  its  checking 
by the customs  authorities when  the product  is entered  for  free 
circulation on Community  territory; 

- the collection of this  information  for transmission  to the ICCAT. 

The  Commission  is  therefore  proposing  adoption  of  the  proposal  for  a 
Council  Regulation  introducing  a system  for the  statistical  monitoring 
of trade in bluefin tuna within the Community. 

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

introducing  a system  for the statistical monitoring  of trade 

in bluefin tuna  (Thuunus Thynnus) within the  Community 

3 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Economic 

Community,  and in particular Article 43 thereof, 

Having regard to the proposal  from the Commission, 

Having  regard to the opinion of the European  Parliament1, 

Whereas  there  should  be  an  appropriate  policy  for  the  management  and 

conservation  of  tuna  in the  Atlantic  Ocean  and  adjacent  seas; whereas 

the  International  Convention  for  the  Conservation  of  Atlantic  Tunas, 

hereinafter  referred  to  as  the  'ICCAT  Convention',  which  came  into 

force  on  21  March  1969,  is  the  appropriate  international  forum  for 

development  of that policy; 

I 

Whereas  by  Council  Decision  86/238/EEC  of  9  June  1986  the  Community 

approved  its  accession  to  the  ICCAT  Convention,  as  amended  by  the 

Protocol 

annexed  to  the  Final  Act  of  the  Conference  of 

Plenipotentiaries  of  the  States  Parties  to  the  Convention  signed  at 

Paris on 10 July  1984; whereas  it participates  in the work of the ICCAT 

only as an observer, pending  completion  of ratification  procedures; 

Whereas,  in the context of measures to regulate stocks of bluefin tuna, 

at  its  eighth  extraordinary  meeting,  held  in  Madrid  from  8  to  13 

November  1992,  the  ICCAT  adopted  a  Resolution  designed  to  make 

compulsory  from  1  September  1993  the  presentation  of  a  statistical 

document  when  bluefin  tuna  are  imported  into  the  territory  of  a 

1 
JZ, OJ No L 162, 18.6.1986, p. 33. 

H 

Contracting  Party; whereas that  Resolution  states that  the document  is 

to be drawn up by the country whose flag the vessel making the catch is 

flying; 

Whereas  those  Community  Member  States  which  are  currently  members  of 

the  Convention  are  required  to  respect  and  apply  ICCAT  Resolutions; 

whereas  for the sound operation  of the  internal market  and  in order to 

ensure  the  uniform  application  throughout  the  Community  of  this 

Resolution, rules must be adopted at Community  level; 

Whereas  those  Community  rules  should  provide  for  the  issuing  of  a 

statistical  document  containing  certain  information;  whereas  that 

document  should  be  completed  by  the master  of  the  vessel  catching  the 

bluefin tuna; whereas  it should be presented  and checked when  Community 

vessels  land  their  catch  in  the  Community  and  when  bluefin  tuna  is 

entered  for free circulation on the customs territory of the  Community; 

Whereas  the  Member  States  should  impose  appropriate  penalties  on 

operators who do not respect the provisions  laid down; 

Whereas  the  statistical  information  on  trade  in bluefin  tuna  obtained 

under  this  system  should  be  sent  to  the  Commission  for  forwarding  to 

the ICCAT Commission, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Trade  in  bluefin  tuna  (Thunnus  Thynnus)  under  code  CN  ...  in  the 

Community  shall  be  subject  to  the  statistical  monitoring  rules  laid 

down by this Regulation. 

Article 2 

1. Any quantity of bluefin tuna as referred to in Article  1 caught by a 

vessel  flying  the  flag of a Member  State  and  registered  there which 

is  landed  in  the  Community  and/or  exported  to  a  non-member  country 

shall be accompanied  by a statistical document, hereinafter  referred 

to  as  'the  statistical  document',  drawn  up  in  accordance  with  the 

model  in the Annex. 

2. The statistical document  shall be completed  and signed by the master 

of the vessel which caught the bluefin tuna in question.  The master 

shall be responsible  for the accuracy of the statements made. 

3. The  responsible  authorities  of  the  Member  State  of  landing  shall 

check the accuracy  of the details given  in the  statistical  document 

concerning quantities  landed  for marketing  in the  Community. 

Article 3 

1. Any quantity of bluefin tuna as referred to in Article 1 entered  for 

free  circulation  on  the  Community  market  shall  be  accompanied  by  a 

statistical  document  signed  by  the master  of  the  vessel  making  the 

catch and giving at least the details on the model  in the Annex. 

2. The  customs  authorities  of  the  Member  State  where  the  product  is 

entered  for free circulation  shall check the accuracy of the details 

given on the statistical document referred to in paragraph  1. 

Article 4 

The Member  States shall notify the Commission  of  the measures taken to 

check  the  accuracy  of  the  information  given  on  the  statistical 

document, as referred to in Articles 2(3) and  3(2). 

ç 

Article 5 

1. No later than the first day of the second month  following the end of 

the half-year concerned, the Member States shall sent the Commission 

the following  information, as appropriate: 

-  the  quantities  of  each  commercial  presentation  of  bluefin  tuna  for 

the  half-year  landed on  its territory  by vessels  flying the  flag of 

a Member  State  and  registered  there, broken  down  by  place  of  catch 

and  type  of  fishing  gear  used.  The  flag  state  and  state  of 

registration of vessel making the catch must be  stated; 

the  quantities  of  each  commercial  presentation  of  bluefin  tuna  for 

the  half-year  entered  for  free circulation  on  its territory,  broken 

down  by  non-member  country  of  origin,  place  of  catch  and  type  of 

fishing gear used. 

2. The Commission  shall send the information referred to in paragraph 1 

to  the  Commission  of  the  International  Convention  for  the 

Conservation  of Atlantic Tunas. 

Article 6 

1. The  Member  States  shall  take  the  necessary  measures  to  penalize 

infringements of this Regulation. 

2. The  Member  States  shall  notify  the  Commission  of  the  measures 

adopted pursuant to the first paragraph as soon as they are adopted, 

and  in any case no later than 31 October 1993. 

Article 7 

This Regulation  shall enter into force on 

1993. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly 

applicable in all Member States. 

1 

Done at Brussels, 

1993 

For the Council 

The President 

2 

ANNEX 

"ICCAT" STATISTICAL DOCUMENT 

SPECIES  : Bluefin Tuna  (Thunnus Thynnus) 

FLAG STATE AND MEMBER STATE OF REGISTRATION OF THE VESSEL: 

NAME OF VESSEL MAKING THE CATCH AND NAME OF MASTER: 

PLACE OF CATCH*1): - East Atlantic 

- Mediterranean Sea 

- West 

- Others  ... 

TYPE OF FISHING GEAR USED: 

PORT OF LANDING: 

DATE OF LANDING: 

EXPORTING MEMBER STATE2: 

NAMES OF EXPORTER AND  IMPORTER2: 

COUNTRY OF DESTINATION2: 

DATE OF DISPATCH2: 

COMMERCIAL DESCRIPTION OF THE PRODUCT 

QUANTITY  (whole weight in 

tonnes) 
LANDED OR EXPORTED 

Date: 

(Signature of master)3 

(1) 
2 
3 

Delete where appropriate 
To be completed  in case of export to a non-member country. 
By  his  signature,  the  master  of  the  vessel  certifies  that 
the information on the document  is correct. 

ISSN 0254-1475 

COM(93) 242 flnai 

DOCUMENTS 

EN 

03 17 

Catalogue number : CB-CO-93-272-EN-C 

ISBN 92-77-56215-3 

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