Council Regulation (EC) No 1721/1999 of 29 July 1999 laying down certain control measures in respect of vessels flying the flag of Non-Contracting Parties to the Convention on the Conservation of Antarctic Marine Living Resources
Date: 1999-07-29
Institutions: Council of the European Union
Subjects: European standard, laying poultry, livestock farming, protection of animals

L 203/14

EN

Official Journal of the European Communities

3. 8. 1999

COUNCIL REGULATION (EC) No 1721/1999

of 29 July 1999

laying down certain control measures in respect of vessels flying the flag of Non-Contracting
Parties to the Convention on the Conservation of Antarctic Marine Living Resources

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 Parliament (2),

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The European Community is a Contracting Party to the
Convention on the conservation of Antarctic Marine
Living Resources, hereafter referred to as the ‘CCAMLR
Convention' (3);

regional

The CCAMLR Convention provides a suitable framework
conservation and
for
cooperation in the
management of marine living resources through,
inter
alia, the setting up of a Commission for the Conserva-
tion of Antarctic Marine Living Resources, hereafter
referred to as ‘CCAMLR' and the adoption of proposals
for conservation and enforcement measures for the
marine living resources of
the CCAMLR Convention
Area, which become binding upon Contracting Parties;

The practice of operating fishing vessels under the flag
of Non-Contracting Parties to the CCAMLR Convention
as a means of avoiding compliance with conservation
and enforcement measures established by CCAMLR
remains one of the factors which seriously undermines
the effectiveness of such measures and should, therefore,
be discouraged;

CCAMLR has consistently invited the Non-Contracting
Parties concerned to either become a Party to the
CCAMLR Convention or to agree to apply the conserva-
tion and enforcement measures established by CCAMLR
with a view to fulfilling their responsibilities with regard
to fishing vessels flying their flag;

At its XVI Annual Meeting held from 27 October to 7
November 1997, CCAMLR adopted a conservation
measure on a ‘Scheme to Promote Compliance by Non-
Contracting Party Vessels with CCAMLR Conservation
Measures', the objective of which is to ensure that the
effectiveness of conservation and enforcement measures
established by CCAMLR is not undermined by Non-
Contracting Party vessels;

inter alia,

This Scheme provides,
for the mandatory
inspection of Non-Contracting Party vessels when such
vessels are voluntarily in the ports of Contracting Parties,
a prohibition of landings and transshipments if, in the
course of such inspection, it is established that the catch

(1) OJ C 218, 14.7.1998.
(2) OJ C 98, 9.4.1999.
(3) OJ L 252, 5.9.1981, p. 26.

(7)

(8)

has been taken in contravention of conservation and
enforcement measures established by CCAMLR as well
as certain other collateral measures to be taken by
Contracting Parties;

This conservation measure will become obligatory for all
Contracting Parties with effect from 10 May 1998 and
therefore it is necessary for the Community to imple-
ment it;

Under the Treaty, the authority over internal waters and
ports is exercised by the Member States; however, as
regards access to port facilities in the Community by
non-Contracting Party vessels which have been sighted
engaging in fishing activities in the Convention Area, it
is necessary to enact additional uniform measures at
Community level so that the operations of such vessels
in Community ports are regulated in order to ensure the
effectiveness of the conservation and enforcement meas-
ures established by CCAMLR,

HAS ADOPTED THIS REGULATION:

Article 1

For the purposes of this Regulation, the following definitions
shall apply:

(a) ‘Non-Contracting Party vessel': a vessel which flies the flag
of a Non-Contracting Party to the CCAMLR Convention
and which has been sighted engaging in fishing activities in
the Convention Area;

(b) ‘sighting': any observation of a Non-Contracting Party
vessel made by a vessel flying the flag of a Contracting
Party to the CCAMLR Convention and operating in the
Convention area, or by an aircraft
registered in a
Contracting Party to the CCAMLR Convention, and over-
flying the Convention Area or by an inspector of
the
fishery control services of the Contracting Parties assigned
to the CCAMLR Inspection System;

the report on a sighting shall in particular comprise infor-
mation regarding the identification of the vessel, the type of
activity the vessel is engaged in and its geographical posi-
tion;

(c) ‘Convention Area': the area south of 60 South latitude and
the area between that latitude and the Antarctic Conver-
gence. The Antarctic Convergence shall be deemed to be
the line joining the following points along parallels of
latitude and meridians of
longitude: 50 (cid:176)S, 0 (cid:176); 50 (cid:176)S,
30 (cid:176)E; 45 (cid:176)S, 30 (cid:176)E; 45 (cid:176)S, 80 (cid:176)E; 55 (cid:176)S, 80 (cid:176)E; 55 (cid:176)S,
150 (cid:176)E; 60 (cid:176)S, 150 (cid:176)E; 60 (cid:176)S, 50 (cid:176)W; 50 (cid:176)S, 50 (cid:176)W; 50 (cid:176)S,
0 (cid:176).

3. 8. 1999

EN

Official Journal of the European Communities

L 203/15

Article 2

Upon receipt of a report of a sighting the Commission shall
transmit this information without delay to the CCAMLR Sec-
retariat and, where possible,
to the Non-Contracting Party
vessel, informing it that the information will be transmitted to
its flag State.

Article 3

The Commission shall communicate to all Member States
without delay each report on a sighting, which it has received
pursuant to Article 2 or by way of a notification from the
Secretariat of CCAMLR or another Contracting Party.

Article 4

Community fishing vessels shall not receive transshipments of
fish from a Non-Contracting Party vessel which has been
sighted and reported as having engaged in fishing activities in
the Convention Area and therefore presumed as having under-
mined the effectiveness of CCAMLR Conservation Measures.

Article 5

The master of a Non-Contracting Party vessel who wishes
1.
to enter a port in a Member State shall notify the competent
authorities in that Member State at least 72 hours in advance
of the estimated time of arrival there, the origin of the catch on
board and, where appropriate, the vessel or vessels from which
catches have been transshipped. The vessel may not enter the
port unless the competent authorities of the relevant Member
State have acknowledged receipt of the required prior noti-
fication.

Except

for cases of,

force majeure, or distress, Non-
2.
Contracting Party vessels may only enter those ports which
have been designated by the Member States for the purposes of
this Regulation.

The Commission shall publish the list of ports and changes
hereto in the C series of the Official Journal of the European
Communities.

Article 6

1. Member States shall ensure that each Non-Contracting
Party vessel which enters a designated port is inspected by their
competent authorities. The vessel may not land or transship
any catch until this inspection has been completed.

2. When, in the course of such an inspection, the competent
authorities find that the Non-Contracting Party vessel has on
board any of the species subject to CCAMLR Conservation
Measures, the relevant Member State shall prohibit the landing
and/or the transshipment of these species.

3.
However, this prohibition shall not apply in the event
that the master of the inspected Non-Contracting Party vessel
proves to the satisfaction of the competent authorities of the
relevant Member State that
— species held on board were caught outside the CCAMLR

Convention Area; or

— species held on board were caught in accordance with the
relevant CCAMLR Conservation Measures and requirements
under the Convention.

Article 7

Member States
shall communicate without delay to the
Commission the results of each inspection and, where appro-
priate, any subsequent prohibition of landings and/or trans-
shipments that was applied as a result of the inspection.

The Commission shall transmit this information without delay
to the Secretariat of CCAMLR and as soon as possible to the
flag State of the inspected Non-Contracting Party vessel.

On the date on which this Regulation enters into force,
3.
Member States shall send the Commission a list of the ports
referred to in paragraph 2. They shall notify the Commission of
any subsequent changes to that list.

Article 8

This Regulation shall enter into force seven days after 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 Brussels, 29 July 1999.

For the Council

The President

S. HASSI