Council Regulation (EC) No 1036/2001 of 22 May 2001 prohibiting imports of Atlantic bigeye tuna (Thunnus obesus) originating in Belize, Cambodia, Equatorial Guinea, Saint Vincent and the Grenadines and Honduras
Date: 2001-05-22
Institutions: Council of the European Union
Subjects: Atlantic Ocean, import restriction, management of resources, originating product, sea fish, third country

L 145/10

EN

Official Journal of the European Communities

31.5.2001

COUNCIL REGULATION (EC) No 1036/2001

of 22 May 2001

prohibiting imports of Atlantic bigeye tuna (Thunnus obesus) originating in Belize, Cambodia,
Equatorial Guinea, Saint Vincent and the Grenadines and Honduras

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

documentary proof at ICCAT's 2001 meeting that its
fishing activities have been brought
into line with
ICCAT's management and conservation measures.

(8)

These measures are compatible with the Community's
obligations under other international agreements,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Fishery resources, which are an exhaustible natural
resource, must be protected in the interests of biological
balances and global food security.

In 1998 the International Commission for the Conserva-
tion of Atlantic Tuna (ICCAT), to which the European
Community is a Contracting Party, adopted Resolution
98-18 concerning the unreported and unregulated
catches of tuna by large-scale longline vessels in the
Convention area.

The stock concerned cannot be managed effectively by
the ICCAT Contracting Parties, whose fishermen are
obliged to reduce their catches of Atlantic tuna, unless
all non-Contracting Parties cooperate with ICCAT and
comply with its conservation and management meas-
ures.

identified Belize, Cambodia, Equatorial
ICCAT has
Guinea, Saint Vincent and the Grenadines and Honduras
as countries whose vessels fish Atlantic bigeye tuna in a
manner which diminishes the effectiveness of the orga-
nisation's tuna conservation measures, substantiating its
findings with data concerning catches, trade and the
observation of vessels.

ICCAT's attempts to encourage five of the six States
mentioned to comply with measures for the conserva-
tion and management of Atlantic swordfish have been
to no avail. Honduras has been given extra time to prove
that it is complying with conservation and management
measures. In consequence, the result of the country's
measures will be reviewed at the 2001 annual meeting.

ICCAT has recommended the Contracting Parties to take
appropriate measures to prohibit imports of Atlantic
bigeye tuna products originating in Belize, Cambodia,
Equatorial Guinea, Saint Vincent and the Grenadines and
Honduras. These measures will be lifted as soon as it is
established that the countries in question have brought
their fishing practices into line with ICCAT's measures.
the
be
These measures must
Community, which has sole competence in this matter.

implemented

by

HAS ADOPTED THIS REGULATION:

Article 1

tuna

obesus)

The release for free circulation in the Community of
1.
of CN codes
(Thunnus
bigeye
Atlantic
ex 0302 39 99,
ex 0302 39 19,
ex 0301 99 90,
ex 0303 49 49,
ex 0303 49 43,
ex 0303 49 41,
ex 0304 10 98,
ex 0304 10 38,
ex 0303 49 90,
ex 0305 20 00,
ex 0304 90 97,
ex 0304 20 45,
ex 0305 59 90,
ex 0305 49 80,
ex 0305 30 90,
ex 0305 69 90,
ex 1604 14 16,
ex 1604 14 11,
ex 1604 14 18 and ex 1604 20 70 originating in Belize,
Cambodia, Equatorial Guinea and Saint Vincent and the Grena-
dines is hereby prohibited.

2.
The landing of the products referred to in paragraph 1
for the purposes of Community transit is hereby prohibited.

Article 2

This Regulation shall not apply to quantities of the products
referred to in Article 1(1) which can be shown to the satisfac-
tion of the competent national authorities to have been en
route to Community territory on the date of its entry into force
and which are released for free circulation no later than four-
teen days after that date.

Article 3

ex 0301 99 90,

of CN codes

Articles 1 and 2 shall apply to Atlantic bigeye tuna (Thunnus
ex 0302 39 19,
obesus)
ex 0303 49 43
ex 0302 39 99,
ex 0303 49 41,
ex 0304 10 38,
ex 0303 49 49,
ex 0303 49 90,
ex 0304 90 97,
ex 0304 10 98,
ex 0304 20 45,
ex 0305 20 00,
ex 0305 49 80,
ex 0305 30 90,
ex 1604 14 11,
ex 0305 69 90,
ex 0305 59 90,
ex 1604 14 16, ex 1604 14 18 and ex 1604 20 70 origin-
ating in Honduras.

Article 4

(7)

In the case of Atlantic bigeye tuna products originating
in Honduras, ICCAT's prohibition will enter into force
on 1 January 2002, unless the country can provide

This Regulation shall enter into force on 1 July 2001.

Article 3 shall apply from 1 January 2002.

31.5.2001

EN

Official Journal of the European Communities

L 145/11

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 May 2001.

For the Council

The President

M. WINBERG