Council Regulation (EC) No 1351/1999 of 21 June 1999 laying down certain control measures to ensure compliance with the measures adopted by ICCAT
Date: 1999-06-21
Institutions: Council of the European Union
Subjects: Atlantic Ocean, EU control, conservation of fish stocks, fishing regulations, international convention, sea fish

L 162/6

EN

Official Journal of the European Communities

26. 6. 1999

COUNCIL REGULATION (EC) No 1351/1999

of 21 June 1999

laying down certain control measures to ensure compliance with the measures
adopted by ICCAT

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parlia-
ment (2),

(1) Whereas the European Community has been a
contracting party to the International Convention
for the Conservation of Atlantic Tunas, hereinafter
referred to as ‘the ICCAT Convention', since 14
November 1997;

(2) Whereas

the

ICCAT Convention provides

a
regional framework for cooperation with a view to
the conservation and management of resources of
tuna and tuna-like fish in the Atlantic Ocean and
adjacent seas through the agency of an Inter-
national Commission for
the Conservation of
Atlantic Tunas, hereinafter referred to as ‘ICCAT',
and the adoption of recommendations on conserva-
tion and management in the Convention area that
become binding on contracting parties;

in place,

conservation measures

(3) Whereas, with a view to ensuring compliance with
the
ICCAT
adopted at its fifteenth ordinary meeting from 14 to
21 November 1997 a recommendation on tran-
shipments and vessel observation that became
binding on contracting parties from 13 June 1998;
whereas the Community should apply that recom-
mendation;

(4) Whereas it is necessary to lay down rules on the
transmission of information on vessels suspected of
fishing activity detrimental to the effectiveness of
the conservation measures adopted by ICCAT;

(5) 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;

(6) Whereas ICCAT has constantly encouraged non-
contracting parties, entities and fishing entities
fishing in the Convention area for species falling

(1) OJ C 371, 1.12.1998, p. 16.
(2) Opinion delivered on 13 April 1999 (not yet published in the

Official Journal).

within ICCAT’s competence to become cooper-
ating 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:
‘Observation' shall
mean any observation by a Member State’s vessel, aircraft
or competent authority, responsible for surveillance at sea,
of a vessel:

 the nationality of which is not apparent (hereinafter
referred to as ‘a stateless vessel') and that is suspected
of fishing for species falling within ICCAT’s compet-
ence, or

 flying the flag of another contracting party and
suspected of fishing contrary to ICCAT’s conservation
measures, or

 flying the flag of a non-contracting party, entity or
fishing entity and suspected of fishing contrary to
ICCAT’s conservation measures.

The observation shall be recorded on an observation form
as shown in the Annex. As much as possible of the
information specified in the observation form shall be
given. The observation form may be accompanied by
photographs of the vessel observed.

Article 2

shall be transmitted without
1. Observation forms
delay to the competent authorities of observer’s Member
State. The Member State shall forward them without delay
to the Commission, which shall then inform the flag state
of the observed vessel.

The Commission shall without delay transmit obser-

2.
vation forms to the ICCAT secretariat.

Article 3

1.
A Member State receiving through the competent
authorities of a contracting party an observation on the
activity of a vessel flying its flag shall without delay notify
the observation and all
information to the
Commission.

relevant

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Official Journal of the European Communities

L 162/7

The Commission shall duly notify this relevant
2.
information to the ICCAT secretariat for examination by
the ICCAT compliance committee.

Article 4

1.
The competent authority of a Member State that has
boarded and/or inspected a stateless vessel shall without
delay notify the Commission of the inspection findings
and of any action which it has taken under international
law.

The Commission shall

2.
information to the ICCAT secretariat.

immediately transmit

the

non-contracting party that does not have the status of
cooperating party, entity or fishing entity.

2.
Before 1 January of each year, the Commission shall
send Member States a list of cooperating parties, entities
and fishing entities as drawn up by ICCAT.

3.
Before 1 October of each year, Member States shall
transmit details of transhipment activities by Community
vessels in the previous year to the Commission, which
shall forward them to ICCAT.

Article 5

Article 6

1.
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

This Regulation shall enter into force on the seventh day
following that of 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 Luxembourg, 21 June 1999.

For the Council

The President

L. SCHOMERUS

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Official Journal of the European Communities

26. 6. 1999

ANNEX

VESSEL OBSERVATION FORM

1. Date of observation:

(month)

(day)

(year)

2. Position of vessel observed:

At sea:

Latitude

Longitude

3. Name of vessel observed:

4. Flag country:

5. Port (and country) of registration:

6. Vessel type:

7. International call sign:

8. Estimated length and GRT:

metres

MT

9. Type of fishing gear:

Type

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

Fishing

Sailing

Drifting

Transhipping

Other

11. Activity of vessel when observed: