Proposal for a Council Regulation establishing a catch documentation scheme for Dissostichus spp.
Date: 2000-07-10
Institutions: European Commission
Subjects: Antarctica, authorised catch, conservation of fish stocks, fishing regulations, form

28.11.2000

EN

Official Journal of the European Communities

C 337 E/103

Proposal for a Council regulation establishing a catch documentation scheme for Dissostichus spp.

(2000/C 337 E/14)

(Text with EEA relevance)

COM(2000) 383 final (cid:15) 2000/0171(CNS)

(Presented by the Commission on 10 July 2000)

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,

Having regard to the opinion of the European Parliament,

Whereas:

(1) The Convention on the Conservation of Antarctic Marine
Living Resources, hereinafter called /the Convention0, was
approved by Council Decision 81/691/EEC (1) and entered
into force with regard to the Community on 21 May 1982.

(2) The Convention provides a framework for regional coop-
eration on the conservation and management of Antarctic
marine fauna and flora through the establishment of a
Commission for
the conservation of Antarctic marine
living resources, hereinafter called /CCAMLR0, and the
become
adoption
binding on the Contracting Parties.

conservation measures which

of

(3) At

its eighteenth Annual Meeting in November 1999,
CCAMLR adopted conservation measure 170/XVIII estab-
lishing a catch documentation scheme for Dissostichus spp.

(4) The introduction of a catch documentation scheme for
Dissostichus spp. is intended to improve monitoring of inter-
national trade in the species and to identify the origins of
all Dissostichus spp. imported from or exported to the terri-
tories of the CCAMLR Contracting Parties.

(5) The catch document should also make it possible to
determine whether Dissostichus spp. has been harvested in
the Convention area in a manner consistent with the
CCAMLR conservation measures and to collect catch data
in order to facilitate the scientific evaluation of stocks.

(7) In order to enable CCAMLR to achieve its objective of
conserving the species, the obligation to present a catch
document should be applied in respect of all imports of
Dissostichus spp.

(8) The measures necessary for the implementation of

this
Regulation should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
implementing powers
the exercise of
procedures
conferred on the Commission (2),

for

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

This Regulation lays down the general rules and conditions
governing the implementation by the Community of
the
Catch Documentation Scheme for Dissostichus spp. adopted by
the Commission for the conservation of Antartic marine living
resources (CCAMLR).

Article 2

This Regulation shall apply to:

(a) all Dissostichus spp.
fishing vessels;

landed or transhipped by Community

(b) all Dissostichus

spp.

imported into or

exported or

re-exported from the Community.

Article 3

For the purposes of this Regulation:

(a)

/Dissostichus spp.0: means fish of the species Dissostichus
eleginoides (Patagonian toothfish) and Dissostichus mawsoni
(Antarctic toothfish);

(b) /Catch document0: means a document containing the
information specified in Annex I and completed in
accordance with the specimen shown in Annex II;

(6) Conservation measure 170/XVIII became binding on all
Contracting Parties on 9 May 2000. The Community
should therefore implement it.

(c)

/CCAMLR-area0: means the area of application defined in
Article I of the Convention establishing CCAMLR.

(1) OJ L 252, 5.9.1981, p. 26.

(2) OJ L 184, 17.7.1999, p. 23.

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Official Journal of the European Communities

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CHAPTER II

OBLIGATIONS OF THE FLAG STATE

Article 4

Member States shall take all necessary measures to ensure that
whenever Dissostichus spp. is landed or transhipped, their flag
vessels authorised to engage in harvesting Dissostichus spp. have
duly completed a catch document.

Article 5

Member States shall take all necessary measures to ensure that
each transhipment of Dissostichus spp. to their flag vessels is
accompanied by a duly completed catch document.

Article 6

Member States shall provide catch documents to each of their
flag vessels authorised to harvest Dissostichus spp. and only to
those vessels.

the weight of each species taken from each sub-area and/or
statistical division.

The master shall convey to the Flag Member State of the
4.
vessel, by the most rapid electronic means available, the catch
document number, the date of departure of the vessel, the
species, the processing type or types, the net landed weight
landing or
and the area or areas of the catch, the date of
transhipment and the port and country of landing or vessel
of transhipment and shall request from the Flag Member State
an individual validation code.

Article 9

Upon confirmation by the Flag Member State that the catch to
be landed or transhipped corresponds to the vessel’s author-
isation to fish, it shall convey a special code number to the
master by the most rapid electronic means. The master shall
enter the code number on the catch document.

Article 7

Article 10

Member States shall ensure that each catch document that they
issue includes a specific identification number consisting of:

Immediately after each landing or

1.
Dissostichus spp.
that has received one or more catch documents shall:

transhipment of
the master of a Community fishing vessel

(a) a four-digit number, consisting of

Inter-
national
code
followed by the last two digits of the year for which the
document is issued; and

Standards Organisation (ISO)

the two-digit
country

(a) in the case of a transhipment, obtain the signature on the
catch document of the master of the vessel to which the
catch is transshipped;

(b) a three-digit sequence number (beginning with 001)

to
denote the order in which the catch documents are issued.

They shall also enter on each catch document the number of
the fishing permit they have issued to their flag vessel.

(b) in the case of a landing, obtain the signature on the catch
document of a responsible official at the port of landing
and of the person who receives the catch at the port of
landing.

CHAPTER III

OBLIGATIONS OF THE MASTER

Article 8

2.
In the event that the catch is divided upon landing, the
master shall present a copy of the catch document to each
person who receives a part of the catch. The master shall
record on the copy of the catch document the amount and
origin of the catch received by that person and obtain their
signature.

Prior to each landing or transhipment of Dissostichus spp.
1.
the master of a Community fishing vessel that has received one
or more catch documents shall ensure that all the mandatory
information listed in Annex I is accurately recorded on the
catch document.

If a landing or transhipment

includes catch of both
2.
Dissostichus species,
record on the catch
the master shall
document the total weight of the catch landed or transhipped
and indicate the weight of each species.

3.
The master of the Community fishing vessel shall sign
and convey by the most rapid electronic means available a
copy or, if the catch landed was divided, copies of the signed
catch documents to the Flag Member State of the vessel. He
shall also provide a copy of the signed document to each
person who receives a part of the catch.

Article 11

If a landing or transhipment

3.
includes catch of both
Dissostichus species taken from different sub-areas and/or stat-
istical divisions, the master shall record on the catch document

The master shall retain the original signed catch document or
documents and return them to the Flag Member State no later
than one month after the end of the fishing season.

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Official Journal of the European Communities

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Article 12

The master of a Community fishing vessel to which catch
1.
has
landing
been transhipped
Dissostichus spp., obtain the signature on the catch document
received from the transhipping vessels of an official agent at
the port of landing and of the person who receives the catch at
the port of landing.

immediately

shall,

after

2.
In the event that the catch is divided upon landing, the
master shall present a copy of the catch document to each
person who receives a part of the catch. The master shall
record on the copy of the catch document the amount and
origin of the catch received by that person and obtain their
signature.

The master shall sign and convey by the most rapid
3.
electronic means available a copy or, if the catch landed was
divided, copies of the signed catch document to the Flag States
that issued those catch documents. He shall provide a copy of
the document to each person who receives a part of the catch.

verify the information contained in the catch document or
documents.

An export-validated Dissostichus catch document is one

3.
that:

(a) includes all the information specified in Annex I and all the

necessary signatures; and

(b) includes a certificate signed and stamped by an official
agent of the exporting State, attesting to the accuracy of
the information contained in the document.

Article 16

Member States shall take all necessary measures to ensure that
each shipment of Dissostichus
szoo. re-exported from their
territory is accompanied by the re-export-validated catch
document or documents corresponding to the total amount
of Dissostichus spp. contained in the shipment.

A re-export-validated Dissostichus catch document shall follow
the specimen shown in Annex III and contain the information
specified in Article 18.

CHAPTER IV

OBLIGATIONS OF MEMBER STATES IN THE EVENT OF THE
IMPORTATION, EXPORTATION OR RE-EXPOR-
LANDING,

CHAPTER V

TATION OF DISSOSTICHUS SPP.

OBLIGATIONS OF EXPORTERS

Article 13

Article 17

Member States shall take the measures necessary to identify the
origin of all Dissostichus spp. imported into or exported from
their territory and to determine whether the Dissostichus spp.
harvested in the Convention area was caught in a manner
consistent with the CCAMLR conservation measures.

Article 14

Member States shall take all necessary measures to ensure that
each landing of Dissostichus spp. at their ports is accompanied
by a duly completed catch document.

Article 15

1. Member States shall take all necessary measures to ensure
imported into or
that each shipment of Dissostichus
exported from their territory is accompanied by the export-
validated or re-export-validated catch document or documents
corresponding to the
spp.
contained in the shipment.

amount of Dissostichus

total

spp.

2. Member States shall ensure that their customs authorities
or other competent official agents request and examine the
import documentation of each shipment of Dissostichus spp.
imported into their
it
includes
re-export-validated catch
the
document or documents corresponding to the total amount
of Dissostichus spp. contained in the shipment. These agents
may also examine the content of any shipment in order to

export-validated or

territory in order

to verify that

For each shipment of Dissostichus spp. to be exported from the
Member State of
landing, the exporter shall enter on each
catch document:

(a) the amount of each species of Dissostichus spp. contained in

the shipment declared on the document;

(b) the name and address of the importer of the shipment and

the place of importation;

(c) his name and address.

After signing each catch document, he shall obtain validation
of
the
the catch document by the competent authority of
exporting Member State.

Article 18

In the event of re-export, the re-exporter shall supply details of:

(a) the net weight of products of all species to be re-exported,
together with the catch document number to which each
species and product relates;

(b) the name and address of the importer of the shipment, the
place of import and the name and address of the exporter.

He shall
then obtain validation of all
competent authority in the exporting Member State.

the details by the

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Official Journal of the European Communities

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CHAPTER VI

CHAPTER VII

TRANSMISSION OF DATA

FINAL PROVISIONS

Article 19

Article 22

The Flag Member State shall convey immediately to the
CCAMLR Secretariat, with a copy to the Commission,
the
copies referred to in Articles 10 and 12.

The Commission, acting in accordance with the procedure
referred to in Article 23(2), may amend the technical aspects
in order to
of Articles 7 to 12 and Annexes I,
transpose conservation measures adopted by CCAMLR.

II and III

Article 20

Article 23

Member States shall notify the Commission, which shall inform
the CCAMLR Secretariat, of the name of the national authority
or authorities (giving names, addresses, and telephone and fax
catch
numbers)
documents.

responsible

validating

issuing

and

for

Article 21

States

shall provide

Member
to the
Commission, which shall forward them to the CCAMLR Secre-
tariat,
catch
documents issued by them and received into their territory.

re-export-validated

export-validated

quarterly

copies

or

of

Member States shall report annually to the Commission, which
shall forward them to the CCAMLR Secretariat, data drawn
from the catch documents on the origin and amount of Dissos-
tichus spp. imported into or exported from their territory.

1.
The Commission shall be assisted by the Management
Committee for Fisheries and Aquaculture instituted by Article
17 of Council Regulation (EEC) No 3760/92 (1).

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period referred to in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

Article 24

This Regulation shall enter into force on the twentieth 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.

(1) OJ L 389, 31.12.1992, p. 1.

ANNEX I

DISSOSTICHUS CATCH DOCUMENT

The Dissostichus catch document will include the following information:

(i) the name, address, telephone and fax number of the issuing authority;

(ii) the name, home port, national registry number and call sign of the vessel and, if applicable, its Lloyd’s registration

number;

(iii) the number of the licence or permit issued to the vessel, as applicable;

(iv) the weight of each Dissostichus species landed or transhipped by product type, and

(a) by CCAMLR statistical subarea or division if caught in the Convention area; and/or

(b) by FAO statistical area, subarea or division if caught outside the Convention area;

(v) the dates within which the catch was taken;

(vi) the date and the port at which the catch was landed or the date and the name of the vessel, its flag and national

registry number, to which the catch was transhipped; and

(vii) the name, address, telephone and fax numbers of the receiver or receivers of the catch and the amount of each

species and product type received.

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Official Journal of the European Communities

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ANNEX II

SPECIMEN DISSOSTICHUS CATCH DOCUMENT

DISSOSTICHUS CATCH DOCUMENT

V1.0

Number

PRODUCTION

1. Issuing authority

Name:

Flag State confirmation number

Address:

2. Name of fishing vessel

Home port and registry number

Tel. No:
Fax No:

Call sign

Lloyd’s number
(if applicable)

3. Permit number (if applicable)

5. Date of landing/transhipment

4. Dates within which catch was taken
From:

To:

6. Description of fish (landing/transhipment)

7. Name, address, tel. and fax number

Name of receiver:

Species

Type

Net weight landed
(kg)

Catch area

Net weight sold
(kg)

Signature:

Address:

Tel. No:

Fax No:

Species: TOP Dissostichus eleginoides, TOA Dissostichus mawsoni
Type: WHO whole; HAG headed and gutted; HAT headed and tailed; FLT fillets;
HGT headed, gutted and tailed; OTH other (give details)

8. Information on landings/transhipments: I hereby certify that the above information is, to my knowledge, complete and accurate, and that all
Dissostichus spp. harvested in the Convention area was caught*/not caught in a manner consistent with CCAMLR conservation measures.

Master of fishing vessel

Signature

Landing/transhipment
Port and country/area

9. Transhipment certificate: I hereby certify that the above information is, to my knowledge, complete and accurate.

Master of receiving vessel

Signature

Name of vessel

Registry No

10. Landing certificate: I hereby certify that the above information is, to my knowledge, complete and accurate.
Name:

Authority:

Signature

Address:

Tel. No:
Fax No:

11. EXPORTATION

12. Declaration by exporter: I hereby certify that the above

knowledge, complete and accurate.

information is, to my

Description of fish

Species

Type of product

Net weight
(kg)

Name:

Address:

Signature

Export permit
(if applicable)

13. Validation of exportation by national authority: I hereby certify that the above

information is, to my knowledge, complete and accurate.

Name/Status:

Signature:

Date:

Official
stamp:

14. IMPORTATION
Name of importer:
Landing place:

Address:
Town

State/Province

Country

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ANNEX III

SPECIMEN DISSOSTICHUS RE-EXPORT DOCUMENT

DISSOSTICHUS RE-EXPORT DOCUMENT

Re-export country

RE-EXPORT
1. Description of fish

Species

Product type

Net weight exported
(kg)

Number of attached
Dissostichus catch certificate

Species: TOP Dissostichus eleginoides, TOA Dissostichus mawsoni
Type: WHO whole; HAG headed and gutted; HAT headed and tailed; FLT fillet; HGT headed, gutted and tailed; OTH other (give details)

2. Attestation by re-exporter: I hereby certify that the above information is, to my knowledge, complete and accurate, and that the product

referred to above is covered by the attached Dissostichus catch certificate(s).

Name:

Address:

Signature

Date:

Export permit

(if applicable)

3. Validation of re-export by the national authority: I hereby certify that the above information is, to my knowledge, complete and accurate.
Name/Status

Official stamp

Signature

Date

4. IMPORTATION
Name of importer:

Address:

Place of landing: Town

State/Province

Country