Council Regulation (EC) No 1435/98 of 29 June 1998 prohibiting imports of Atlantic blue-fin tuna (Thunnus thynnus) originating in Belize, Honduras, and Panama
Date: 1998-06-29
Institutions: Council of the European Union
Subjects: Belize, Honduras, Panama, free circulation, import restriction, sea fish

7. 7. 98

EN

Official Journal of the European Communities

L 191/13

COUNCIL REGULATION (EC) No 1435/98

of 29 June 1998

prohibiting imports of Atlantic blue-fin tuna (Thunnus thynnus) originating in
Belize, Honduras, and Panama

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,

fishery resources, which are an exhaustible
Whereas
natural resource, must be protected in the interests of
biological balances and global food security;

the European Community recognises

Whereas
the
authority and the responsibility of the competent inter-
national 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
conservation
programme;

blue-fin

tuna

the

of

Whereas
the European Community has become a
Contracting Party to ICCAT, as from 14 November 1997,
and is therefore 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 effect-
ively 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 conservation and manage-
ment measures;

Whereas in 1995 ICCAT identified Belize, Honduras and
Panama as countries whose vessels fish Atlantic blue-fin
tuna in a manner prejudicial to the organisation’s meas-
ures to conserve the species, substantiating its findings
with data concerning catches, trade and the observation of
vessels;

to prohibit

Whereas ICCAT has instructed the contracting parties to
from
take appropriate measures
Belize, Honduras and Panama 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
into line with
ICCAT’s measures; whereas this measure must therefore
be implemented by the Community;

fishing practices

imports

their

Whereas this measure is compatible with the Commun-
ity’s obligations under other international agreements,

HAS ADOPTED THIS REGULATION:

Article 1

0303 49 21,

0302 39 91,

1.
The release for free circulation in the Community of
Atlantic blue-fin tuna (Thunnus thynnus) of CN codes
0303 49 23,
0302 39 11,
ex 0304 10 98,
0303 49 29,
ex 0305 30 90,
ex 0304 20 45,
ex 0305 69 90,
ex 0305 49 80,
and
ex 1604 14 16,
ex 1604 14 11,
ex 1604 20 70 originating in Belize, Honduras
and
Panama is hereby prohibited.

ex 0305 20 00,
ex 0305 59 90,

ex 0303 49 90,

ex 1604 14 18

2.
The landing of products mentioned in paragraph 1
for the purposes of Community transit is hereby prohib-
ited.

Article 2

This Regulation shall not apply to quantities of the prod-
ucts referred to in Article 1(1) which can be shown to the
satisfaction of the competent national authorities to have
been under way to Community territory on the date of its
entry into force and which are released for free circulation
no later than fourteen days after that date.

Whereas ICCAT’s attempts to encourage the three coun-
tries to comply with measures for the conservation and
management of Atlantic blue-fin tuna have been to no
avail;

This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of
the European Communities.

Article 3

L 191/14

EN

Official Journal of the European Communities

7. 7. 98

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Luxembourg, 29 June 1998.

For the Council

The President

R. COOK