Proposal for a Council Regulation (EC) laying down certain control measures to ensure compliance with the measures adopted by ICCAT
Date: 1998-10-30
Institutions: European Commission
Subjects: Atlantic Ocean, conservation of fish stocks, fishery management, fishing controls, sea fish

C  371/16

EN

Official  Journal  of  the  European  Communities

1.12.98

II

(Preparatory  Acts)

COMMISSION

Proposal  for  a  Council  Regulation  (EC)  laying  down  certain  control  measures  to  ensure
compliance  with  the  measures  adopted  by  ICCAT

(98/C  371/07)

(Text  with  EEA  relevance)

COM(1998)  620  final  -  98/0305(CNS)

(Submitted  by  the  Commission  on  30  October  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

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

Whereas  it  is  essential  to  strengthen  control  at  sea  by
allowing  Community  fishing  vessels  and  mother  ships  to
receive  transhipments  only  from  vessels  flying  the  flag  of
a  contracting  party  or  cooperating  party,  entity  or
fishing  entity;

Having  regard  to  the  proposal  from  the  Commission,

Having 
Parliament,

regard 

to 

the  opinion  of 

the  European

Whereas 
since  14
the  European  Community  has 
November  1997  been  a  contracting  party  to  the  Inter(cid:220)
national  Convention  for  the  Conservation  of  Atlantic
"ICCAT
Tunas,  hereinafter 
Convention’;

referred 

the 

to 

as 

Whereas  the  ICCAT  Convention  provides  a  regional
framework  for  cooperation  with  a  view  to  the  conser(cid:220)
vation  and  management  of  resources  of 
tuna  and
tuna(cid:220)like  fish  in  the  Atlantic  Ocean  and  adjacent  seas
through  the  agency  of  an  International  Commission  for
the  Conservation  of  Atlantic  Tunas,  hereinafter  referred
to  as  "ICCAT’,  and  the  adoption  of  recommendations  on
conservation  and  management  in  the  Convention  area
that  become  binding  on  contracting  parties;

Whereas,  with  a  view  to  ensuring  compliance  with  the
conservation  measures  in  place,  ICCAT  adopted  at  its
15th  ordinary  meeting  (14(cid:220)21  November  1997)  a  recom(cid:220)
mendation  on  transhipments  and  vessel  observation  that
became  binding  on  contracting  parties  from  13  June
1998;  whereas  the  Community  should  apply  that  recom(cid:220)
mendation;

Whereas  it  is  necessary  to  lay  down  rules  on  the  trans(cid:220)
mission  of  information  on  vessels  suspected  of  fishing
activity  detrimental  to  the  effectiveness  of  the  conser(cid:220)
vation  measures  adopted  by  ICCAT;

Whereas 
ICCAT  has  constantly  encouraged  non(cid:220)
contracting  parties,  entities  and  fishing  entities  fishing  in
the  Convention  area  for  species  falling  within  ICCAT’s
competence  to  become  cooperating  parties,  entities  or
fishing  entities  by  making  a  firm  commitment  to  comply
with  ICCAT’s  conservation  and  management  measures,

HAS  ADOPTED  THIS  REGULATION:

Article  1

For  the  purposes  of  this  Regulation:

1.(cid:217)"Fishing  activities’  means 

fish  processing,
transhipment  of  fish  or  fish  products  or  any  other
related  activity  where  the  species  in  question  falls
within  the  competence  of  ICCAT.

fishing, 

2.(cid:217)"Observation’  means  any  observation  by  a  Member
competent  authority,

State’s 
responsible  for  surveillance  at  sea,  of  a  vessel:

vessel,  aircraft  or 

-(cid:217)the  nationality  of  which  is  not  apparent  (termed
"stateless  vessel’  below)  and  that  appears  to  be
fishing 
ICCAT’s
competence,  or

falling  within 

species 

for 

1.12.98

EN

Official  Journal  of  the  European  Communities

C  371/17

-(cid:217)flying  the  flag  of  another  contracting  party  and
appearing  to  be  fishing  contrary  to  ICCAT’s
conservation  measures,  or

-(cid:217)flying  the  flag  of  a  non(cid:220)contracting  party,  entity
or  fishing  entity  and  appearing  to  be  fishing
contrary  to  ICCAT’s  conservation  measures.

The  observation  shall  be  recorded  on  an  observation
form  as  shown  in  Annex  I.  As  much  as  possible  of  the
specified  information  shall  be  given.  It  may  be  ac(cid:220)
companied  by  photographs  of  the  vessel  observed.

Article  2

1.(cid:218)(cid:217)Observation  forms  shall  be  transmitted  without
delay  to  the  observer’s  Member  State,  which  shall
forward  them  without  delay  to  the  Commission.

transmit
2.(cid:218)(cid:217)The  Commission 
observation  forms  to  the  flag  country  of  the  vessel  in
question  and  to  the  ICCAT  secretariat.

shall  without  delay 

Article  3

1.(cid:218)(cid:217)A  Member  State  receiving  through  the  agency  of  a
contracting  party  an  observation  on  the  activity  of  a
vessel  flying  its  flag  shall  without  delay  notify  the  obser(cid:220)
vation  and  all  relevant  information  to  the  Commission.

2.(cid:218)(cid:217)The  Commission  shall  duly  notify  this  relevant
information  to  the  ICCAT  secretariat  for  examination  by
the  ICCAT  compliance  committee.

Article  4

1.  (cid:218)(cid:217)The  competent  authority  of  a  Member  State  that
has  boarded  and/or  inspected  a  stateless  fishing  vessel  as
referred  to  in  Article  1  shall  without  delay  notify  the
Commission  of  the  inspection  findings  and  of  any  action
taken  under  international  law.

2.(cid:218)(cid:217)The  Commission  shall 
information  to  the  ICCAT  secretariat.

immediately  transmit  the

Article  5

1.(cid:218)(cid:217)Community  fishing  vessels  and  mother  vessels  may
not  receive  transhipments  at  sea  of  species  falling  within
ICCAT’s  competence  from  vessels  flying  the  flag  of  a
non(cid:220)contracting  party  that  does  not  have  the  status  of
cooperating  party,  entity  or  fishing  entity.

2.(cid:218)(cid:217)Before  the  beginning  of  each  year  the  Commission
shall  send  Member  States  a  list  of  cooperating  parties,
entities  and  fishing  entities  as  drawn  up  by  ICCAT.

tran(cid:220)
3.(cid:218)(cid:217)Member  States  shall 
shipment 
from
1  November  of  the  previous  year  to  the  Commission,
which  shall  forward  them  to  ICCAT.

transmit  details  of 
vessels 

by  Community 

activities 

Article  6

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 
directly  applicable  in  all  Member  States.

in 

its  entirety  and

C  371/18

EN

Official  Journal  of  the  European  Communities

1.12.98

ANNEX

VESSEL  OBSERVATION  FORM

1.(cid:217)Date  of  observation:

(month)(cid:217)(cid:217)(cid:217)(cid:217)(day)(cid:217)(cid:217)(cid:217)(cid:217)(year)

2.(cid:217)Position  of  vessel  observed:

At  sea:

Latitude

Longitude

3.(cid:217)Name  of  vessel  observed:

4.(cid:217)Flag  country:

5.(cid:217)Port  (and  country)  of  registration:

6.(cid:217)Vessel  type:

7.(cid:217)International  call  sign:

8.(cid:217)Estimated  length  and  GRT:

metres

MT

9.(cid:217)Type  of  fishing  gear:

10. Situation  of  vessel  when  observed  at  sea  (please  tick):

Fishing 

Sailing 

Drifting 

Transhipping 

Other

11.(cid:217)Activity  of  vessel  when  observed: