Proposal for a Council Regulation laying down control measures applicable to fishing for certain stocks of highly migratory fish
Date: 2000-10-06
Institutions: European Commission
Subjects: fish, fisheries policy, fishery management, fishing controls, fishing regulations

27.2.2001

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Official Journal of the European Communities

C 62 E/79

Proposal for a Council Regulation laying down control measures applicable to fishing for certain
stocks of highly migratory fish

(2001/C 62 E/02)

(Text with EEA relevance)

COM(2000) 619 final (cid:16) 2000/0253(CNS)

(Submitted by the Commission on 6 October 2000)

THE COUNCIL OF THE EUROPEAN UNION,

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

Community vessels, in waters where limitations in catch
are required and amending Regulation (EC) No 66/98 (3).
For clarity these measures should be incorporated in a
single Regulation.

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

(5) For scientific research purposes masters of Community
fishing vessels should be required to comply with the
instructions of the Operational manual for statistics and
sampling of tuna and tuna-like fish in the Atlantic Ocean
published by ICCAT.

Whereas:

(1) The Community has since 14 November 1997 been a
contracting party to the International Convention for
the Conservation of Atlantic Tunas (1),
termed 0ICCAT
Convention1 below.

(2) The ICCAT Convention provides a framework for regional
cooperation on the conservation and management of
tuna and tuna-like fish in the Atlantic
resources of
Ocean and adjacent
through an International
the Conservation of Atlantic Tunas,
Commission for
termed 0ICCAT1 below, and the adoption of recommen-
dations on conservation and management
in the
Convention area that become obligatory for contracting
parties.

seas

(6) The Community has approved the Agreement

for the
establishment of the Indian Ocean Tuna Commission (4),
termed 0IOTC1 below. The Agreement provides a useful
framework for strengthening international cooperation
for the purpose of conserving and rationally utilising
Indian Ocean tuna and related species, through creation
of the IOTC and the adoption of recommendations on
conservation and management in its area of competence
that become binding on contracting parties.

(7) The

IOTC has adopted a recommendation on the
recording and exchange of information on tropical tuna.
This
is binding on the Community, which should
therefore implement it.

(3) ICCAT has adopted a number of

recommendations
creating control and surveillance obligations, notably on
the establishment and transmission of statistics, inspection
in port, vessel surveillance by satellite, vessel observations
and transhipments, and checks on non-contracting parties’
and on stateless vessels. These recommendations have
become obligatory for
the Community and should
therefore be implemented.

(8) The Community has fishing interests in the Eastern Pacific
and has initiated the procedure for accession to the Inter-
termed 0IATTC1
American Tropical Tuna Commission,
below. Pending accession and in line with its cooperation
requirement arising under the United Nations Convention
on the Law of
the Sea it has decided to apply the
measures adopted by the IATTC, and should therefore
apply those adopted on control and surveillance.

(4) Certain obligations have been transposed into Council
Regulation (EC) No 1351/1999 of 21 June 1999 laying
down certain control measures to ensure compliance with
the measures adopted by ICCAT (2) and into Article 22(1)
of Council Regulation (EC) No 2742/1999 of 17 December
1999 fixing for 2000 the fishing opportunities and
associated conditions for certain fish stocks and groups
of fish stocks applicable in Community waters and, for

(1) OJ L 162, 18.6.1986, p. 34.
(2) OJ L 162, 26.6.1999, p. 6.

(9) The Community has signed the Agreement on the Inter-
has
national Dolphin Conservation
it
decided
provisionally pending its approval, and should therefore
apply its provisions.

by Decision 1999/386/EC (6)

Programme (5),

to apply

(3) OJ L 341, 31.12.1999, p. 1.
(4) OJ L 236, 5.10.1995, p. 24.
(5) OJ L 132, 27.5.1999, p. 1.
(6) OJ L 147, 12.6.1999, p. 23.

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(10) Council Regulation (EEC) No 2847/93 of 12 October
1993 establishing a control system applicable to the
common fisheries policy (1) applies to all fishing activities
and all associated activities carried out on the territory
and in the maritime waters subject to the sovereignty or
jurisdiction of Member
those of
Community fishing vessels operating in the waters of
third countries or on the high seas, without prejudice to
fishery agreements concluded between the Community
to
and third countries or
which the Community is a party.

international conventions

including

States,

(11) Since the measures necessary for implementation of this
Regulation are management measures within the meaning
of Article 2 of Decision 1999/468/EC of 28 June 1999
laying down the procedures for exercise of implementing
powers conferred on the Commission (2), they should be
adopted using the management procedure specified in
Article 4 of that Decision,

HAS ADOPTED THIS REGULATION:

Article 1

Purpose

This Regulation lays down control and inspection measures
relating to fishing for stocks of
the highly migratory fish
species listed in Annex I to this Regulation and shall apply
to vessels flying the flag of Member States and registered in
the Community,
termed 0Community fishing vessels1 below,
operating in one of the zones specified in Article 2.

Article 2

Zones

(c) Zone 3:

All Eastern Pacific Ocean waters included in the area
specified in Article III of
the Agreement on the Inter-
national Dolphin Conservation Programme.

Article 3

Definitions

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

(a) boarding: the boarding of a fishing vessel within an organi-
sation’s area of competence by one or more authorised
inspectors in order to make an inspection;

(b) transhipment: any transfer from one vessel to another of
any quantity of highly migratory fish or products from
such fish;

(c) landing: any use of the unloading equipment of a port or
any other place to land any quantity of highly migratory
fish or products from such fish held on board;

that

(d) infringement: any act committed or omitted by a fishing
vessel
is recorded in an inspection or observation
report and gives serious reason for suspecting a breach of
the provisions of this Regulation or any other Regulation
transposing a recommendation adopted by a regional
organisation for one of the zones indicated in Article 2;

(e) vessel of a non-contracting party: vessel

identified and
the
declared as engaged in fishing activities in one of
zones specified in Article 2 that is flying the flag of a
country that
is not a contracting party to the relevant
regional organisation;

For the purposes of this Regulation the following marine zones
are specified:

(f) stateless vessel: vessel for which all indications are that it

has no nationality.

(a) Zone 1:

CHAPTER I

CONTROL AND INSPECTION MEASURES APPLICABLE IN
ZONE 1

All waters of the Atlantic Ocean and adjacent seas included
in the ICCAT Convention area specified in Article I of the
Convention.

(b) Zone 2:

Sectio n 1

Control measures

Article 4

Catch sampling

All Indian Ocean waters included in the area of competence
for the estab-
specified in Article II of
lishment of the IOTC.

the Agreement

(1) OJ L 261, 20.10.1993, p. 1.
(2) OJ L 184, 17.7.1999, p. 23.

1.
Sampling of catches shall be carried out by the masters of
Community fishing vessels, at sea and on land, or by default by
persons authorised by ICCAT.

2.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in Article
24(2).

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Article 5

Catch notification

registration and
information such as vessel names,
owner, species fished and weight, fishing zone and place of
export.

their

transmit

1. Member States shall
to the ICCAT Executive
the
Secretariat, with electronic access for the Commission,
biological data compiled and catch and fishing effort data,
collecting data on composition and live weight
for those
species landed that are indicated in Annexes II and III on the
date of their transhipment or landing and for the place where
they were caught. Data transmission shall be according to the
requirements of
for statistics and
the Operational manual
sampling of
tuna and tuna-like fish in the Atlantic Ocean
(3rd edition, ICCAT, 1990) i.e.:

Article 8

Observation of vessels

For the purposes of this Article 0observation1 means any
1.
observation, by a Member State’s vessel, aircraft or competent
authority responsible for inspection at sea, of:

D 15 September: rough estimates of catches of main species

Annex I

in first six months

D a stateless vessel

likely to be fishing for species listed in

D 1 November: same estimates for second six months

D or flying the flag of another contracting party and likely to
be fishing in breach of ICCAT conservation measures

D 1 March of following year: same estimates for entire year

D 30 April of following year: more precise figures that can be

corrected later.

D or flying the flag of a non-contracting party, entity or
fishing entity and likely to be fishing in breach of ICCAT
conservation measures.

2. Member States shall transmit annually before 15 August
to the ICCAT Executive Secretariat, with electronic access for
the Commission

2.
The observation shall be transcribed onto a standard
observation form and shall if possible give all the information
for which that
It may be accompanied by
photographs of the vessel.

form provides.

(a) catch and fishing effort data for the previous year, giving a

detailed spatio-temporal breakdown

(b) any data they have on sport fishing catches of tuna and

tuna-like fish.

3.
Observation forms shall be sent without delay to the
competent authority of the observer’s Member State, which
immediately transmit them to the Commission, which
shall
shall
the vessel observed. The
inform the flag country of
Commission shall immediately transmit observation forms to
the ICCAT Executive Secretariat.

3.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in Article
24(2).

Article 6

Information on shark catches

Masters of Community vessels shall notify any catches of and
trade in sharks to their national authority, which shall transmit
it to the ICCAT Executive Secretariat with electronic access for
the Commission.

Article 7

Undeclared catches

imports of

the
For
Commission’s
and
examine as much import data as possible and all related

frozen tuna and tuna-like fish, at
collect
States

request Member

shall

A Member State receiving observations on the activity of
4.
flying its flag from the competent authority of a
a vessel
contracting party shall
immediately notify these and all
relevant information to the Commission, which shall notify
this information in due time to the Executive Secretariat for
examination by the Compliance Committee.

transmit

5. Masters of Community vessels shall
to their
authority any information on vessels assumed to be fishing
for bigeye tuna in the Convention area that are not on the
list drawn up by the ICCAT Executive Secretariat. Member
States shall notify these observations as soon as possible to
the Commission, which shall
inform the ICCAT Executive
Secretariat.

6.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in Article
24(2).

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Article 9

Annual report

Article 12

Inspection procedures

1.
Before 15 October each year Member States shall send the
Commission a national report, using the layout adopted by
ICCAT and including (a)
information on implementation of
the satellite surveillance system and (b) an 0ICCAT declaration
table1 for each fishery accompanied by comments inter alia on
the
breaches of
minimum sizes of certain species and the action taken or to
be taken. Member States shall also say how sport fishing for
tuna and tuna-like fish is regulated and give details of any
transhipment operations involving their vessels during the
previous year.

the tolerance margins set by ICCAT for

1. Member States shall ensure that their ICCAT inspectors:

D in making their inspections cause minimum disturbance to
the vessel’s activities and cause no deterioration in fish
quality;

D draw up an inspection report in line with rules laid down
in accordance with the procedure referred to in Article
24(2) and transmit it to their authority.

2.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in Article
24(2).

Sectio n 2

Port Inspection Procedures

Article 10

General

2.
Inspectors shall be authorised to examine all zones, decks
and chambers of the vessel, catches (processed or not), gear,
equipment and any documentation thought to be needed to
check compliance with the conservation measures adopted by
ICCAT, including the log book and the loading papers in the
case of mother ships and carriers.

3.
Inspectors shall sign their report in the presence of the
master, who shall have the right to add or cause to be added
any information that he considers relevant and sign it. The
inspector shall
indicate in the log book that an inspection
has been made.

1. Member States shall assign to inspection duties at their
ports inspectors responsible for the surveillance and inspection
of transhipment and landing of the species listed in Annex I.

Article 13

Master’s obligations during inspection

Masters of Community vessels shall

is
2. Member
non-discriminatory and in line with ICCAT port inspection
arrangements.

inspection

ensure

States

shall

that

Vessels entering ports solely for reasons of force majeure

3.
shall be exempt from inspection.

Article 11

Inspectors

1. Member States shall issue a special identity card to each
ICCAT inspector which he must carry and present before
making an inspection. The particulars of the card shall be
determined in accordance with the procedure referred to in
Article 24(2). Member States
their
inspectors to the Commission for transmission to the ICCAT
Executive Secretariat.

shall notify a list of

shall

ensure

2. Member States
ICCAT inspectors
discharge their tasks in conformity with the rules laid down
in the ICCAT port inspection arrangements. Inspectors shall
remain under
their competent
the operational control of
authority and be responsible to it for their acts.

that

(a) raise no objection to inspections in national or foreign
ports by authorised inspectors, shall not try to intimidate
them or incommode them in the course of their work and
shall ensure their safety;

(b) cooperate

in inspection of

the vessel performed in
accordance with the procedures laid down in this Regu-
lation and lend their assistance thereto;

(c) afford inspectors the means of examining the zones, decks
and chambers of the vessel, catches (processed or not), gear,
equipment and all documents,
including fishing logs and
loading papers.

Article 14

Procedure in event of infringement

1.
If an ICCAT inspector has serious reason to believe that a
fishing vessel has engaged in an activity breaching the conser-
vation measures adopted by ICCAT he shall:

(a) note the infringement in the inspection report;

(b) take all necessary action to ensure safekeeping of

the

evidence for it;

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(c) immediately send the inspection report to his authority.

The list of cooperating parties, entities and fishing entities
2.
adopted by ICCAT is given in Annex IV. The Commission shall
amend that Annex in line with ICCAT decisions.

inspection report

2.
The inspecting Member State shall immediately send the
to the Commission, which shall
original
immediately transmit it, with a copy to the ICCAT Executive
Secretariat, to the competent authority of the flag country of
the inspected vessel.

Article 15

Follow-up of infringements

1.
If a Member State is notified by an ICCAT contracting
party or another Member State of an infringement by a vessel
flying its flag,
take speedy action in line with its
national legislation to obtain and examine the evidence, carry
out any necessary investigation and if possible inspect
the
vessel.

it shall

2.
Each Member State shall name the authority mandated to
receive evidence of infringements and notify its name, address
and other contact particulars to the Commission.

3.
The flag Member State shall notify the Commission,
which shall in turn notify the ICCAT Executive Secretariat, of
the penalties imposed and measures taken with regard to the
vessel concerned.

Article 16

Treatment of inspection reports

1.
Each Member State shall attach the same value to reports
made by ICCAT inspectors of other Member States and other
contracting parties as to those made by its own inspectors.

Each Member State shall cooperate with the contracting
2.
parties concerned by facilitating, in line with its national legis-
legal or other proceedings arising from a report
lation,
submitted by an ICCAT inspector under
the ICCAT port
inspection arrangements.

3.
Before 15 September each year Member States shall send
the Commission particulars of transhipments made during the
previous year between vessels flying their flag and stateless
vessels or vessels flying the flag of a non-contracting party.
The Commission shall forward this information to the ICCAT
Executive Secretariat.

Article 18

Control measures for fishing activities

The competent authority of a Member State that has
1.
boarded and/or inspected a stateless vessel shall
immediately
inform the Commission of the inspection findings and of any
action it has taken under international law. The Commission
shall send this information as soon as possible to the ICCAT
Executive Secretariat.

shall ensure that every stateless or
2. Member States
non-contracting party vessel
that enters a designated port
within the meaning of Article 28e(2) of Regulation (EEC)
No 2847/93 is inspected by their competent authority. Until
inspection is completed the vessel’s catches may not be landed
or transhipped.

If

inspection reveals

the vessel has on board
that
3.
resources covered by an ICCAT recommendation transposed
into Community law, the Member State shall prohibit their
landing or transhipment.

4.
The prohibition referred to in paragraph 3 shall not be
issued if the master of the inspected vessel or his representative
demonstrates to the competent authority’s satisfaction that:

(a) the catches on board were taken outside the zone, or

Sectio n 3

(b) the catches on board were taken without infringing the

Community’s conservation measures.

Stateless and non-contracting parties’ vessels

Article 17

Transhipment

1.
Community fishing vessels may not receive transhipments
at sea of fish of the species listed in Annex I from stateless
vessels or those flying the flag of a non-contracting party that
does not have the status of a cooperating party, entity or
fishing entity.

Article 19

Member States’ nationals

Each Member State shall try, as its national legislation permits,
to deter
from participating in activities of
non-contracting parties that conflict with implementation of
the ICCAT conservation and management measures.

its nationals

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CHAPTER II

CONTROL AND SURVEILLANCE MEASURES APPLICABLE IN
ZONE 2

Article 20

General

Each Member State shall take the action necessary in order that
vessels flying its flag respect the measures applicable in the
zone.

Article 21

Observations

transmit

1. Masters of Community vessels authorised to fish in the
zone shall
to their national authority their obser-
vations of non-contracting parties’ vessels presumed or
known to be fishing for bigeye, yellowfin or skipjack tuna in
the zone.

2. Member States shall send this information as soon as
possible to the Commission, which shall
forward it to the
IOCT.

CHAPTER III

CONTROL AND SURVEILLANCE MEASURES APPLICABLE IN
ZONE 3

Article 22

General

Each Member State shall take the action necessary in order that
vessels flying its flag respect
the IATTC and International
Dolphin Conservation
Programme Agreement measures
applicable.

Article 23

landed or transhipped by vessels flying their flag and registered
in the Community, and also of the total quantities landed at
their ports by vessels flying the flag of another Member State
and registered in the Community.

2. Without prejudice to Article 18 of Regulation (EEC)
No 2847/93, Member States shall, for bigeye tuna, notify to
the Commission before the 15th of each month the total
quantities that were landed or transhipped in the previous
flag and registered in the
month by vessels
Community and the total quantities landed at their ports by
vessels flying the flag of another Member State and registered
in the Community.

flying their

CHAPTER IV

FINAL PROVISIONS

Article 24

The Commission shall be assisted by the Management

1.
Committee for Fisheries and Aquaculture.

In cases where this paragraph is

2.
the
management procedure specified in Article 4 of Decision
1999/468/EC shall apply, as shall Article 7 thereof.

referred to,

The period mentioned in Article 4(3) of Decision

3.
1999/468/EC shall be one month.

Article 25

1.

2.

Regulation (EC) No 1351/1999 is repealed.

Article 22(1) of Regulation (EC) No 2742/1999 is deleted.

References to the said repealed Regulation and deleted
3.
paragraph shall be understood as made to this Regulation,
the correspondence table in Annex V applying.

Article 26

Catch registration, sampling and notification

1. Member States shall set up registration and sampling
systems affording monthly estimates of the total quantities of
bigeye tuna fished by purse seine, and yellowfin tuna, that were

This Regulation shall enter
into force on the 20th day
following 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.

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ANNEX I

HIGHLY MIGRATORY SPECIES

D Albacore: Thunnus alalunga

D Bluefin tuna: Thunnus thynnus

D Bigeye tuna: Thunnus obesus

D Skipjack tuna: Katsuwonus pelamis

D Atlantic bonito: Sarda sarda

D Yellowfin tuna: Thunnus albacares

D Blackfin tuna: Thunnus atlanticus

D Euthynnus spp.

D Southern bluefin tuna: Thunnus maccoyii

D Auxis spp.

D Ray’s bream: Brama rayi

D Marlins: Tetrapturus spp.; Makaira spp.

D Sailfish: Istiophorus spp.

D Swordfish: Xiphias gladius

D Sauries: Scomberesox spp.; Cololabis spp.

D Sharks: Hexanchus griseus; Cetorhinus maximus; Alopiidae; Carcharhinidae; Sphymidae; Isuridae; Lamnidae

D Cephalopods (all species)

D Cetaceans (whales and porpoises): Physeteridae; Belaenopteridae; Balenidae; Eschrichtiidae; Monodontidae; Ziphiidae;

Delphinidae.

HIGHLY MIGRATORY SPECIES SUBJECT TO TOTAL ALLOWABLE CATCHES

ANNEX II

Latin name

Thunnus thynnus

Thunnus obesus

Thunnus albacares

Xiphias gladius

Ordinary name

Bluefin tuna

Bigeye tuna

Yellowfin tuna

Swordfish

ANNEX III

Zone

I

III

III

I
(Atlantic Ocean)

HIGHLY MIGRATORY SPECIES SUBJECT TO QUARTERLY NOTIFICATION

Latin name

Thunnus alalunga

Thunnus albacares

Katsuwonus pelamis

Sarda sarda

Ordinary name

Albacore

Yellowfin tuna

Skipjack tuna

Atlantic bonito

and any other species taken by Member States’ vessels that is on the ICCAT species list.

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LIST OF COOPERATING PARTIES, ENTITIES AND FISHING ENTITIES

ANNEX IV

Mexico (United Mexican States)

Taiwan

ANNEX V

CORRESPONDENCE TABLE

Regulation (EC) No 1351/1999

Articles 1, 2, 3

Article 4

Article 5

Regulation (EC) No 2742/1999

Article 22(1)

This Regulation

Article 8

Article 18

Article 17

This Regulation

Article 23