Proposal for a Council Regulation (EC) prohibiting imports of Atlantic blue-fin tuna (Thunnus thynnus) originating in Belize and Honduras
Date: 1998-02-10
Institutions: European Commission
Subjects: Belize, Honduras, conservation of fish stocks, import restriction, sea fish

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 

adopted 

(ICCAT) 

of  Atlantic  Tuna 

At  its  last meeting  in November  1996, the  International  Commission  for 
two 
the  Conservation 
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  commercial  measures 

The  Community  considers 
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 
the 
Community. 

the  domestic  production  of 

restrictions  on 

to  be 

-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; 

to 

is  bound 

implement 

the  measures 

Whereas  the  European  Community  has  become  a  Contracting  Party  to  ICCAT,  from 
in  question;  whereas 
14.11.1997,  and 
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 

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EN 

11  03  02  14 

Catalogue number  :  CB-CO-98-057-EN-C 

ISBN 92-78-30787-4 

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