Council Regulation (EC) No 1446/1999 of 24 June 1999 amending Regulation (EC) No 858/94 introducing a system for the statistical monitoring of trade in bluefin tuna (Thunnus thynnus) within the Community
Date: 1999-06-24
Institutions: Council of the European Union
Subjects: conservation of fish stocks, form, re-export, sea fish, statistics, third country

2. 7. 1999

EN

Official Journal of the European Communities

L 167/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1446/1999

of 24 June 1999

amending Regulation (EC) No 858/94 introducing a system for the statistical
monitoring of trade in bluefin tuna (Thunnus thynnus) within the Community

THE COUNCIL OF THE EUROPEAN UNION,

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

(4)

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

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

one or more re-exports to or from the customs
territory of the Community must be established,
and a model re-export licence provided to this end;

of

these measures

implementation
the
Community requires Regulation (EC) No 858/94 to
be amended; at the same time the list of third
countries in point 2 of Annex II to that Regulation
should be updated,

by

Whereas

(1)

(2)

(3)

in the context of measures to regulate stocks of
bluefin tuna (Thunnus thynnus) 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; to that end, the necessary meas-
ures were adopted in Regulation (EC) No 858/
94 (3);

to facilitate management of
this system by the
Community and its Member States, at its tenth
extraordinary meeting, held in San Sebastian in
November 1996, the ICCAT adopted a recommen-
dation enabling Member States to authenticate the
statistical documents relating to catches of bluefin
tuna made by vessels flying the flag of another
Member State;

to supplement
the arrangements for managing
stocks of bluefin tuna, at its 15th ordinary meeting,
held in Madrid from 14 to 21 November 1997, the
ICCAT adopted a recommendation extending the
statistical monitoring system to re-exports of
bluefin tuna; to this end, the rules governing the
various types of commercial operations including

(1) OJ C 264, 21.8.1998, p. 10.
(2) OJ C 98, 9.4.1999, p. 32.
(3) OJ L 99, 19.4.1994, p. 1.

HAS ADOPTED THIS REGULATION:

Article 1

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

(1) the following indent shall be added to Article 1:

‘ re-exports
(Thunnus
ex 0302 39,
ex 1604 14 16 and ex 1604 14 18.'

to third countries of bluefin tuna
falling within CN codes
thynnus)
ex 0304 20 45,

ex 0303 49,

(2) the following Article shall be inserted after Article 2:

‘Article 2a

All quantities of bluefin tuna caught by a vessel
1.
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 para-
graph 1 may be authenticated by the competent
authorities of the Member States whose flag the vessels
flies or by those of a different Member State where the
products concerned are landed, provided the cor-
responding quantities of bluefin tuna are exported
outside the Community from the territory of
the
Member State of landing.

L 167/2

EN

Official Journal of the European Communities

2. 7. 1999

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 vessels flies by forwarding to them a copy of the
authenticated within two
they have
documents
months of the date of authentication.

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 shall be added to Article 3:

All quantities of bluefin tuna imported into the
‘4.
Community market after having been re-exported by
a third country 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
imported.'

(4) the following Article shall be inserted after Article 3:

‘Article 3a

the re-export

The sections of

licence which
2.
concern them shall be completed and signed by the
relevant traders, who shall be responsible for the state-
ments made. Re-export licences must be accompanied
by a duly authenticated copy of the original statistical
document as referred to in Article 3.

Re-export licences shall be authenticated by the
the Member State from

3.
competent authorities of
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 shall be added to Article 5(1):

‘ the quantities of each commercial presentation of
bluefin tuna entered each half-year for free circula-
tion in its territory after having been re-exported
from a third country, broken down by country of
origin.'

(6) point 2 of Annex II shall be replaced by the text

appearing in Annex I to this Regulation;

(7) Annex III appearing in Annex II to this Regulation

shall be added.

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.

Article 2

This Regulation shall enter into force on the day 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, 24 June 1999.

For the Council

The President

J. TRITTIN

2. 7. 1999

EN

Official Journal of the European Communities

L 167/3

ANNEX I

‘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, São Tomé and Príncipe, South Africa, Tunisia,
Uruguay, USA, Venezuela.'

L 167/4

EN

Official Journal of the European Communities

2. 7. 1999

ANNEX II

‘ANNEX III

SPECIMEN RE-EXPORT LICENCE

Document No

ICCAT BLUEFIN TUNA RE-EXPORT LICENCE

1. COUNTRY OF RE-EXPORT:

‘EXPORT' SECTION

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

3. DESCRIPTION OF THE IMPORTED FISH:

Product
F/FR

Type (a)
RD/GG/DR/FL/OT

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:

4. DESCRIPTION OF THE RE-EXPORTED FISH:

Product
F/FR

Type (a)
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:

5. RE-EXPORTER’S DECLARATION  I hereby declare that the above information is, to the best of my knowledge, complete, true and correct.

. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address

. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date

. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Licence No
(if applicable)

6. GOVERNMENT AUTHENTICATION  I hereby certify that the above information is, to the best of my knowledge, complete, true and correct

. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address

. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date

. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Government stamp

‘IMPORT' SECTION

IMPORTERS DECLARATION  I hereby declare that the above information si, to the best of my knowledge, complete, true and correct.
(Transit country)

. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address

. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date

. . . . . . . . . . . . . . . . . . . . . . . . . . . .
LIcence No
(where appropriate)

IMPORTERS DECLARATION  I hereby declare that the above information is, to the best of my knowlegde, complete, true and correct.
(Transit country)

. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address

. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date

. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Licence No
(where appropriate)

IMPORTERS DECLARATION  I hereby declare that the above information is, to the best of my knowledge, complete, true and correct.
(Final destination)

. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address

. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date

. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Licence No
(where appropriate)

FINAL PLACE OF IMPORT:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Town

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
State of province

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Country

NOTE: If this document is filled out in a language other than English, please attach a translation into English.’