Proposal for a Council Regulation (EC) laying down certain control measures in respect of vessels flying the flag of Non-Contracting Parties to the Convention for the conservation of Antarctic Marine Living Resources
Date: 1998-06-11
Institutions: European Commission
Subjects: Antarctic Ocean, conservation of fish stocks, environmental protection, fishing controls, international convention

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.06.1998 
COM(1998) 362  final 

98/0204 (CNS) 

Proposal for a 

COUNCIL REGULATION (EC) 

laying down certain control measures in respect of vessels flying the flag of Non-
Contracting Parties to the Convention for the conservation 
of Antarctic Marine Living Resources 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

The  Commission  for  the  Conservation  of  Antarctic  Marine  Living  Resources 
(CCAMLR),  of  which  the  Community  and  certain  Member  States  are  Contracting 
Parties,  is  the  regional  organisation  responsible  for  fisheries  management  in 
Antarctica.  This  organisation  adopted  in  November  1997  at  its  XVIth  Annual 
Meeting  a  conservation  measure  designed  to  discourage  the  development  of 
unregulated  and illegal  fishing  in the CCAMLR  Convention  Area. In effect,  in recent 
years  CCAMLR  has  -witnessed  a  massive  expansion  in  these  fisheries  targeting  the 
toothfish  species (dissostichus eleginoides) with over 80 vessels sighted  either  fishing 
illegally  in  the  GEZ's  of  CCAMLR  Contracting  Parties  or  unregulated  activity  in 
international  waters of the Convention Area. 

For a number of years, CCAMLR  has pursued  a policy of informing  Non-Contracting 
Parties (NCP)  where their  vessels  have  been  sighted  active  in the CCAMLR  area.  It 
has extended  an  invitation  to those NCPs to adhere to the Convention  and/or to abide 
by the conservation measures adopted by that organisation. 

However,  in a situation  where the unregulated  and/or illegal  fishing  has continued  to 
expand, CCAMLR decided that it was necessary to adopt a Scheme to counteract this 
development which risks undermining the effectiveness  of the conservation  measures 
that  CCAMLR  has  adopted.  This  Scheme  foresees  that,  in  the  event  that  an  NCP 
vessel  is sighted  active in the CCAMLR  area, a mandatory  inspection will be carried 
out on that vessel when it is voluntarily in the ports of Contracting Parties.  There is a 
prohibition  of  landings  and  transhipments  from  this  vessel  if,  in  the  course  of  such 
inspection,  it  is  established  that  the  catch  has  been  taken  in  contravention  of 
conservation  and enforcement measures established by CCAMLR. 

This conservation  measure  will  become  obligatory  with effect  from  11 May  1998, in 
the absence of objections  by Contracting Parties. 

The Commission proposes that the Council adopt this regulation. 

z 

PROPOSAL 
FOR A COUNCIL REGULATION (EC) N°.... /98 

of 

1998 

laying down certain control measures in respect of vessels flying the flag of Non-
Contracting Parties to the Convention for the conservation 
of Antarctic Marine Living Resources 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard  to the Treaty  establishing  the European  Community,  and  in  particular 
Article 43 thereof, 

Having regard to the proposal from the Commission  \ 

Having regard to the opinion of the European Parliament  , 

Whereas  the  European  Community  is  a Contracting  Party  to the  Convention  for  the 
conservation  of  Antarctic  Marine  Living  Resources,  hereafter  referred  to  as  the 
"CCAMLR  Convention"3; 

Whereas  the  CCAMLR  Convention  provides  a  suitable  framework  for  regional 
cooperation  in the conservation  and  management  of marine  living  resources  through 
inter alia  the  setting  up  of  a  Commission  of  the  Conservation  of  Antarctic  Marine 
Living Resources, hereafter  referred  to as "CCAMLR" and the adoption  of proposals 
for  conservation  and  enforcement  measures  for  the  marine  living  resources  of  the 
CCAMLR Convention Area, which become binding upon Contracting Parties. 

Whereas  the practice  of  operating  fishing  vessels  under  the  flag  of  Non-Contracting 
Parties  to  CCAMLR  as  a  means  of  avoiding  compliance  with  conservation  and 
enforcement  measures  established  by  CCAMLR  remains  one  of  the  factors  which 
seriously  undermines  the  effectiveness  of  such  measures  and  should,  therefore,  be 
discouraged; 

Whereas CCAMLR has consistently invited the Non-Contracting Parties concerned to 
either  become  a  member  of  CCAMLR  Convention  or  to  agree  to  apply  the 
conservation  and  enforcement  measures  established  by  CCAMLR  with  a  view  to 
fulfilling  their responsibilities with regard to fishing vessels flying their flag; 

OJL 252, 5.9.1981, p. 26 

Whereas  al  its  XVI  Annual  Meeting  held  from  27  October  to  7  November  1997, 
CCAMLR  adopted a conservation  measure on a "Scheme to Promote Compliance by 
Non-Contracting  Party  Vessels  with  CCAMLR  Conservation  Measures",  the 
objective of which is to ensure that the effectiveness  of conservation and enforcement 
measures  established  by  CCAMLR  is  not  undermined  by  Non-Contracting  Party 
vessels, 

Whereas  this  Scheme  provides,  inter  alia,  for  the  mandatory  inspection  of  Non-
Contracting  Party  vessels  when  such  vessels  are  voluntarily  in  the  ports  of 
Contracting  Parties, a prohibition of landings and transshipments  if,  in the course of 
such  inspection,  it  is  established  that the  catch  has  been  taken  in  contravention  of 
conservation  and enforcement  measures established  by CCAMLR  as well  as certain 
other collateral measures to be taken by Contracting Parties; 

Whereas this conservation measure will become obligatory for all Contracting Parties 
with effect  from  11 May 1998 and therefore that it is necessary for the Community to 
implement it; 

Whereas, under the  Treaty, the authority over internal waters and ports is exercised by 
the  Member  States;  whereas,  however,  as  regards  access  to  port  facilities  in  the 
Community  by  non-Contracting  Party  vessels  which  have  been  sighted  engaging  in 
fishing  activities  in the Convention  Area, it is necessary  to enact additional  uniform 
measures  at Community  level  so  that the  operations  of  such  vessels  in  Community 
ports  are  regulated  in  order  to  ensure  the  effectiveness  of  the  conservation  and 
enforcement measures established by CCAMLR; 

HAS ADOPTED THIS REGULATION 

Article  1 

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

i) 

ii) 

iii) 

"fishing activities" : fishing, fish processing  operations,  the transshipment  of 
fish or  fish  products,  and  any  other  activity  in  preparation  for  or  related  to 
fishing  in the Convention Area; 
"Non-Contracting  Party  vessel" : a  vessel  which  flies  the  flag  of  a  Non-
Contracting  Party  to  CCAMLR  and  which  has  been  sighted  engaging  in 
fishing activities in the Convention Area; 
"sighting"  : any  observation  of  a Non-Contracting  Party  vessel  made  by  a 
fishing  vessel  flying  the  flag  of  a  Contracting  Party  to  CCAMLR  and 
operating  in  the  Convention  Area,  or by  an inspector  of  the  fishery  control 
services  of  the  Contracting  Parties  assigned  to  the  CCAMLR  Inspection 
System. 

The report on a sighting shall in particular comprise information regarding the 
identification of the vessel, the type of activity the vessel  is engaged in and its 
geographical position. 

Article 2 

Upon receipt of a report of a sighting by a Community fishing vessel, or a Community 
inspector  assigned  to  the  CCAMLR  Inspection  System,  the  Commission  shall 
transmit this information  without delay to the CCAMLR and, where possible, to the 
sighted Non-Contracting Party vessel and its Flag State. 

Article 3 

The Commission shall communicate to all Member States without delay  each report 
on a sighting, which it has received pursuant to Article 2 or by way of a notification 
from the Secretariat of CCAMLR or another Contracting Party. 

Article 4 

Community  fishing  vessels  shall  not  receive  transshipments  of  fish  from  a  Non-
Contracting Party vessel. 

Article 5 

The master of a Non-Contracting  Party vessel who wishes to enter a port in a 
1. 
Member State shall notify  the competent authorities in that Member State at least 72 
hours  in  advance  of  the  estimated  time  of  arrival  there,  the  origin  of  the  catch  on 
board  and,  where  appropriate,  the  vessel  or vessels from which  catches  have  been 
transshipped.  The vessel  may not enter the port unless the competent  authorities  of 
the  relevant  Member  State  have  acknowledged  receipt  of  the  required  prior 
notification. 

2. 
Except  for cases  of  force  majeure or distress, Non-Contracting  Party  vessels 
may only enter those ports which have been designated by the Member States for the 
purposes of this Regulation. 

3. 
On the date on which this Regulation  enters into force,  Member  States  shall 
send the Commission a list of the ports referred to in paragraph 2.  They shall  notify 
the Commission of any subsequent changes to that list. 

The Commission shall publish the list of ports and changes hereto in the "C" series of 
the "Official Journal of the European Communities". 

Article 6 

1. 
Member  States  shall  ensure  that  each  Non-Contracting  Party  vessel  which 
enters a designated  port is1 inspected by their competent authorities.  The vessel  may 
not land or transship any catch until this inspection has been completed. 

2. 
When, in the course of such an inspection, the competent authorities find that 
the Non-Contracting Party vessel has on board any of the species subject to CCAMLR 
Conservation  Measures, the relevant Member State shall prohibit the landing and/or 
the transshipment of these species. 

3. 
However,  this prohibition  shall  not apply  in the event that the master of the 
inspected  Non-Contracting  Party  vessel  proves  to  the  satisfaction  of  the  competent 
authorities of the relevant Member State that 

species retained on board were caught outside the CCAMLR Convention 
Area; or 
species  retained  on  board  were  caught  in  accordance  with  the  relevant 
CCAMLR  Conservation  Measures  and  requirements  under 
the 
Convention. 

Article 7 

Member  States  shall  communicate  without  delay  to  the  Commission  the  results  of 
each inspection and, where appropriate, any subsequent prohibition of landings and/or 
transshipments that was applied as a result of the inspection. 

The  Commission  shall  transmit  this  information  without  delay  to  the  Secretariat  of 
CCAMLR and as soon as possible to the flag State of the inspected Non-Contracting 
Party vessel. 

Article 8 

This Regulation  shall  enter into force  seven days after  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 

For the Council 
The President 

ISSN 0254-1475 

COM(98) 362 final 

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EN 

03  14  11 

Catalogue number  : CB-CO-98-381-EN-C 

ISBN 92-78-37127-0 

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