Proposal for a Council Regulation (EC) amending Regulation (EC) No 858/94 introducing a system for the statistical monitoring of trade in bluefin tuna (Thunnus thynnus) within the Community
Date: 1998-06-30
Institutions: European Commission
Subjects: catch by species, conservation of fish stocks, fishery management, fishing statistics, sea fish

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  30.06.1998 
COM(1998) 400 final 

98/0221  (CNS) 

Proposal for a 

COUNCIL REGULATION  (EC) 

AMENDING  REGULATION  (EC) No  858/94 

INTRODUCING  A SYSTEM FOR THE STATISTICAL MONITORING  OF 

TRADE IN BLUEFIN TUNA (THUNNUS THYNNUS) WITHIN THE 

COMMUNITY 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

In  the  context  of  measures  to  conserve  and  manage  stocks  of  bluefin  tuna 

(Thunnus thynnus), the International  Convention  for  the Conservation  of Atlantic 

Tunas  (ICCAT) has  introduced  a system  for  the  statistical  monitoring  of catches 

and imports of this species by the Contracting Parties. 

The Community implemented this system by Council Regulation (EC) No 858/94 

of  12 April 1994. 

ICCAT has recently adopted two recommendations, one to facilitate  management 

of this statistical monitoring system by the European Community and its Member 

States, the other to improve its reliability. 

Thus: 

A recommendation  adopted  by  ICCAT  at  its tenth  extraordinary  meeting, 

held  in  San  Sebastian  in  November  1996,  enables  Member  States  of  the 

European  Community  to authenticate  the  statistical  documents  relating to 

catches made by vessels flying the flag of another Member State. 

A  recommendation  adopted  by  ICCAT  at  its  fifteenth  ordinary  meeting, 

held  in  Madrid  in  November  1997,  extends  the  statistical  monitoring 

system to re-exports of bluefin  tuna. 

The  measures  provided  for  by  these  two  ICCAT  recommendations  should 

therefore  be implemented by amending Regulation  (EC) No 858/94 to include the 

new provisions needed for this purpose. 

Such is the purpose of this proposal. 

d:\data\winword\cd\exmot\mod858.94\en.doc 

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EN/14/98/02040100.WOO (EN) 
mzh 

PROPOSAL FOR A COUNCIL REGULATION  (EC) 

of 

AMENDING REGULATION (EC) No 858/94 

INTRODUCING  A SYSTEM FOR THE STATISTICAL MONITORING  OF 

TRADE IN BLUEFIN TUNA (THUNNUS THYNNUS) WITHIN THE 

THE COUNCIL OF THE EUROPEAN UNION, 

COMMUNITY 

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

Article 43 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2 

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

International  Convention  for  the  Conservation  of  Atlantic  Tunas,  hereinafter  called  the 

'ICCAT', to which the Community  is a Party,  a  system  for  the  statistical  monitoring  of 

catches  and  imports  of  bluefin  tuna  has  been  implemented  by  the  Contracting  Parties; 

whereas, to that end, the necessary measures were adopted in Regulation (EC) No 858/94 
ofl2Aprill9943; 

Whereas,  to  facilitate  management  of  this  system  by  the  European  Community  and  its 

Member  States,  at  its  tenth  extraordinary  meeting,  held  in  San  Sebastian  in  November 

1996, the ICC AT adopted a recommendation  enabling Member  States to authenticate the 

statistical documents relating to catches of bluefin  tuna made by vessels flying the flag of 

another Member State; 

l 

2 

3  OJ L 99, 19.4.1994, p. 1. 

d:\mydocuments\winword\cd\reg-cons\rnod858.94\en.doc 

A  °L, 

Whereas,  to  supplement  the  arrangements  for  managing  stocks  of  bluefin  tuna,  at  its 

fifteenth  ordinary  meeting,  held  in  Madrid  from  14 to  21  November  1997,  the  ICC AT 

adopted  a  recommendation  extending  the  statistical  monitoring  system  to  re-exports  of 

bluefin  tuna;  whereas,  to  this end,  the  rules  governing  the  various  types  of  commercial 

operations  including  one  or  more  re-exports  to  or  from  the  customs  territory  of  the 

European Community  must be established, and a model re-export  licence provided to this 

end; 

Whereas  implementation  of these measures by the Community  requires Regulation (EC) 

No  858/94 to be amended; whereas it is convenient  at the same time to update the list of 

third countries in point 2 of Annex II to that Regulation, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 858/94 is amended as follows: 

1. 

The following  indent is added to Article 1 : 

"-  re-exports  to third  countries  of  bluefin  tuna  (Thunnus  thynnus)  falling  within 

CN  codes  ex  030239, ex 030349, ex  03042045, ex  16041411,  ex  16041416  and 

ex 16041418". 

2. 

The following Article is inserted after Article 2: 

"Article 2a 

1. 

All  quantities  of  bluefin  tuna  caught  by  a  vessel  flying  the  flag  of  a 

Member State and exported to a third country shall be accompanied by the 

statistical document in Annex I. 

2. 

Statistical  documents  drawn  up  pursuant  to  paragraph  (1)  may  be 

authenticated by the competent authorities of the Member State whose flag 

the vessel flies or by those of a different  Member  State where the products 

concerned  are  landed,  provided  the  corresponding  quantities  of  bluefm 

tuna are exported outside the Community from the territory of the Member 

State of landing. 

- 2-

3. 

Without  prejudice  to  Article  5(1),  Member  States  which  authenticate 

statistical  documents  pursuant  to  paragraph  1 shall  inform  the  Member 

State  whose  flag  the  vessel  flies  by  forwarding  to  them  a  copy  of  the 

documents they have authenticated. 

4. 

Once  this  Regulation  enters  into  force,  each  Member  State  shall 

communicate  to  the  Commission  the  information  on  its  competent 

authorities referred to in paragraph (2); the Commission shall forward this 

information to the other Member States." 

3. 

The following paragraph is added to Article 3 : 

"4.  All  quantities of bluefin tuna originating  in a third country  released  for free 

circulation on the Community market having previously been re-exported must be 

accompanied by a re-export licence in accordance with Annex III. 

The  re-export  licence  must  have  been  completed,  signed  and  authenticated  in 

accordance  with  the  procedures  laid  down  in  paragraph  2  for  the  statistical 

document;  it  shall  then be supplied  to the  competent  authorities  of  the Member 

State where the product is entered for free circulation." 

4. 

The following Article is inserted after Article 3: 

"Article 3a 

1. 

All  quantities  of  bluefin  tuna re-exported  to  a third  country  after  having 

been  imported  into the Community  must be  accompanied  by a re-export 

licence in accordance with Annex III. 

2. 

The  sections  of  the  re-export  licence  which  concern  them  shall  be 

completed and signed by the relevant traders, who shall be responsible for 

the  statements  made. Re-export  licences  must be accompanied  by a duly 

authenticated  copy  of  the  original  statistical  document  as  referred  to  in 

Article 3. 

3. 

Re-export  licences  shall be authenticated  by the competent  authorities  of 

the Member State from which the re-export is to take place. 

4. 

Re-exports  of  bluefin  tuna  which  have  already  been  re-exported  shall 

require a new re-export  licence to be drawn up and  authenticated.  In such 

cases,  the  duly  authenticated  copies  of  the  statistical  documents  and  the 

original  re-export  licences accompanying  the product  must be attached  to 

the new licence." 

5. 

The following  indent is added to Article 5( 1 ): 

"-  the  quantities  of  each  commercial  presentation  of  bluefin  tuna  entered  each 

half-year  for  free  circulation  in its territory  after  having  been  re-exported  from  a 

third country, broken down by country of origin." 

6. 

7. 

Annex I to this Regulation shall be added as Annex III. 

Point 2 of Annex II is replaced by Annex II to this Regulation. 

Article 2 

This Regulation shall enter into force on 

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

Member States. 

Done at 

For the Council 

-4 

ANNEX I 

"ANNEX  III 
SPECIMEN  RE-EXPORT LICENCE 

1 Document No 
_ - . - . _ .„ 

_ _ _ __ 

_ _ _ _ __ 

^J 

_ __ 

_ __ 

......... 

ICCAT BLUEFIN TUN/ 

, RE-EXPORT LICENCE 

__ _ 

EXPORT SECTION 

S. COUNTRY OF RE-EXPORT 

2. PLACE OF RE-EXPORT (town, state, province 

, country) 

!' 

il 

3. DESCRIPTION  OF THE IMPORTED FISH 

Product 
F/FR 

TYPEA 
RD/GG/DPJFUOT 

Weight 
(kg) 

Flag state 

Date of importation 

(A)  : F = fresh,  FR = frozen,  RD = live weight, GG = gutted and gilled, DR = dressed, FL = fillets, OT = other. 
If OT, describe the type of product: 

3. DESCRIPTION  OF THE RE-EXPORTED FISH 

Product 
F/FR 

TYPEA 
RD/GG/DR/FL/OT 

Weight 
(kg) 

(A)  : F = fresh,  FR = frozen,  RD = live weight, GG = gutted and gilled, DR = dressed, FL = fillets, OT = other. 
If OT, describe the type of product: 

i 5. RE-EXPORTER'S DECLARATION  - / hereby declare thai the above information is, to the best of my knowledge, 

complete, true and correct. 

Licence No 

Name 
1 
! 6. GOVERNMENT AUTHENTICATION  - / hereby certify that the above information is, to the best of my knowledge, 

Signature 

Address 

Date 

(if applicable) 

complete, true and correct. 
Name and function  of official 

Signature 

Date 

Government  stamp 

IMPORT SECTION 
IMPORTER'S DECLARATION  - / hereby declare that the above information is, to the best of my knowledge,  complete, true 
and correct. (Transit country) 
Name 

Signature 

Address 

Date 

Lieenee No (where 
appropriate) 

IMPORTER'S DECLARATION  - / hereby declare that the above information is, to the best of my knowledge, complete, true 
and corre&t.  (Transit country) 
Name 

Signature 

Address 

Date 

Lieenee N>© (wttese 
appropriate) 

IMPORTER'S DECLARATION  - / hereby declare that the above information is, to the best of my knowledge, complete, true 
and correct. (Final destination). 
Name 

Signature 

Address 

Date 

Licence No (where 
appropriate) 

FINAL PLACE OF IMPORT: 
Town: 

State or province 

Country 

NOTE  : IF  THIS  DOCUMENT  IS  FILLED  OUT  IN  A  LANGUAGE  OTHER  THAN  ENGLISH,  PLEASE  ATTACH  A 
TRANSLATION  INTO ENGLISH." 

5-

EN/14/98/02040100.WOO (EN) 
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ANNEX II 

2. 

Third countries recognised by ICCAT for  which the  statistical  document  can be 

authenticated by an institution authorised for this purpose, for example a chamber 

of commerce: 

Angola,  Brazil,  Canada,  Cape  Verde,  China,  Côte  d'Ivoire,  Croatia,  Equatorial 

Guinea, Gabon, Ghana, Guinea Conakry, Japan, Korea, Libya, Morocco, Russia, 

Sao Tome and Principe, South Africa, Tunisia, Uruguay, USA, Venezuela. 

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COM(98) 400 final 

DOCUMENTS 

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03  17  06  02 

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