Council Regulation (EC) No 1035/2001 of 22 May 2001 establishing a catch documentation scheme for Dissostichus spp.
Date: 2001-05-22
Institutions: Council of the European Union
Subjects: Antarctic Ocean, authorised catch, document, fishing regulations, protection of animal life, sea fish

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1035/2001

of 22 May 2001

establishing a catch documentation scheme for Dissostichus spp.

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)

The Convention on the Conservation of Antarctic
Marine Living Resources, hereinafter called ‘the Conven-
tion’, was approved by Decision 81/691/EEC (3) and
entered into force with regard to the Community on 21
May 1982.

The Convention provides a framework for regional
cooperation on the conservation and management of
Antarctic marine fauna and flora through the establish-
ment of a Commission for the conservation of Antarctic
marine living resources, hereinafter called ‘CCAMLR’,
and the adoption of conservation measures which
become binding on the Contracting Parties.

At its eighteenth Annual Meeting in November 1999,
CCAMLR adopted conservation measure 170/XVIII
establishing a catch documentation scheme for Dissosti-
chus spp.

The introduction of a catch documentation scheme for
Dissostichus spp. is intended to improve monitoring of
international trade in the species and to identify the
origins of all Dissostichus spp. imported from or exported
to the territories of the CCAMLR Contracting Parties.

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.

(1) OJ C 337 E, 28.11.2000, p. 103.
(2) Opinion delivered 28 February 2001 (not yet published in the Offi-

cial Journal).

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

(6)

(7)

(8)

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

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.

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 procedures for the exercise of implementing
powers conferred on the Commission (4),

HAS ADOPTED THIS REGULATION:

CHAPTER I

General provisions

Article 1

P u r p o s e

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
CCAMLR.

Article 2

S c o p e

This Regulation shall apply to:

(a) all Dissostichus spp. landed or transhipped by Community

fishing vessels;

(b) all Dissostichus

spp.

imported into or exported or

re-

exported from the Community.

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

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Article 3

D e f i n i t i o n s

For the purposes of this Regulation:

(a) ‘Dissostichus spp’: means fish of the species Dissostichus elegi-

noides and Dissostichus mawsoni;

(b) ‘Catch document’: means a document containing the infor-
mation specified in Annex I and presented in accordance
with the specimen shown in Annex II;

(c) ‘CCAMLR area’: means the area of application defined in

Article I of the Convention.

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 document forms to each of
their flag vessels authorised to harvest Dissostichus spp. and only
to those vessels.

Article 7

Member States shall ensure that each catch document form
that they issue includes a specific identification number as
indicated in Annex I.

They shall also enter on each catch document form the number
of the fishing licence or permit authorising to fish Dissostichus
spp. they have issued to their flag vessel.

CHAPTER III

Obligations of the master

Article 8

1.
The master of a Community fishing vessel shall ensure
that each landing or transhipment of Dissostichus spp. to or
from his vessel
is accompanied by a duly completed catch
document.

following procedures prior to each landing or transhipment of
Dissostichus spp.:

(a) he shall ensure that all the mandatory information listed in
Annex I is accurately recorded on the catch document;

(b) if a landing or transhipment includes catch of both Dissosti-
chus species, the master shall record on the catch document
the estimated total weight of the catch to be landed or
transhipped and indicate the estimated weight of each
species;

(c) if a landing or transhipment includes catch of both Dissosti-
chus species taken from different subareas and/or statistical
divisions, the master shall record on the catch document
the estimated weight of each species taken from each
subarea and/or statistical division;

(d) the master shall convey to the Flag Member State of the
vessel, by the most rapid electronic means available, the
catch document number, the dates within which the catch
was taken, the species, the processing type or types, the
estimated weight to be landed and the area or areas of the
catch, the date of landing or transhipment and the port and
country of landing or vessel of transhipment and shall
request
from the Flag Member State a confirmation
number.

The implementing rules for this point may be adopted by
the Commission in accordance with the procedure laid
down in Article 25(2).

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 confirmation number to the
master by the most rapid electronic means. The master shall
enter the confirmation number on the catch document.

The implementing rules for this Article may be adopted by the
Commission in accordance with the procedure laid down in
Article 25(2).

Article 10

Immediately after each landing or transhipment of Dissos-
1.
tichus spp. the master of a Community fishing vessel or his
authorised representative who has received one or more catch
document forms shall:

(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 transhipped;

(b) in the case of a landing, obtain on the catch document

— a signed and stamped validation of an official agent at

the port of landing or free trade zone, and

The master of a Community fishing vessel

2.
that has
received one or more catch document forms shall follow the

— the signature of the person who receives the catch at

the port of landing or free trade zone.

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In the event of the catch being divided upon landing, the
2.
said master or his authorised representative shall present a
copy of the catch document to each person who receives a part
of the catch at the port of landing or free trade zone. The
master or his authorised representative 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 information about the catch mentioned in this paragraph
may be amended to apply CCAMLR conservation measures
which become obligatory for the Community, in accordance
with the procedure laid down in Article 25(3).

3.
The said master or his authorised representative shall
immediately 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.

The implementing rules for this paragraph may be adopted by
the Commission in accordance with the procedure laid down
in Article 25(2).

Article 11

The master of the Community fishing vessel or his authorised
representative 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.

The implementing rules for this Article may be adopted by the
Commission in accordance with the procedure laid down in
Article 25(2).

Article 12

The master or his

1.
a
Community fishing vessel to which catch has been transhipped
shall, immediately after landing Dissostichus spp., obtain on the
catch document received from the transhipping vessels :

authorised representative of

— a signed and stamped validation of an official agent at the

port of landing or free trade zone and

— the signature of the person who receives the catch at the

port of landing or free trade zone.

2.
In the event of the catch being divided upon landing, the
master or his authorised representative shall present a copy of
the catch document to each person who receives a part of the
catch at the port of landing or free trade zone. The master or
his authorised representative shall record on the copy of the
catch document the amount and origin of the catch received by
that person and obtain his signature.

The information about the catch mentioned in this paragraph
may be amended to apply CCAMLR conservation measures
which become obligatory for the Community, in accordance
with the procedure laid down in Article 25(3).

3.
The said master or his authorised representative shall
immediately sign and convey by the most rapid electronic
means available a copy or,
if the catch landed was divided,
copies of the signed and stamped catch document to the Flag
States that issued those catch documents. He shall provide a

signed copy of the relevant document or documents to each
person who receives a part of the catch.

The implementing rules for this paragraph may be adopted by
the Commission in accordance with the procedure laid down
in Article 25(2).

CHAPTER IV

Obligations of Member States in the event of the landing,
of
importation,

re-exportation

exportation

or

Dissostichus spp.

Article 13

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
that each shipment of Dissostichus spp.
imported into their
territory is accompanied by the export-validated or re-export-
validated catch document or documents corresponding to the
total amount of Dissostichus spp. contained in the shipment.

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 territory in order to verify that it includes
the export-validated or re-export-validated catch 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 verify the information
contained in the catch document or documents.

An export-validated Dissostichus spp. catch document is

3.
one 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 spp. re-exported from their terri-
tory 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 catch document
follow the
specimen shown in Annex III and contain the information
specified in Article 19.

shall

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CHAPTER V

Obligations of importers and exporters

Article 17

Member States shall immediately transmit to the Secretariat by
the most rapid electronic means, and with a copy to the
Commission, a copy of the export validated or re-export-vali-
dated catch documents so that they may be made available
next working day to all Contracting Parties.

The importation of Dissostichus spp. is prohibited if the batch
concerned is not accompanied by a catch document.

Article 21

Article 18

1.
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 a signed
and stamped validation of
the catch document by the
competent authority of the exporting Member State.

The information mentioned in this paragraph may be
2.
amended to apply CCAMLR conservation measures which
become obligatory for the Community, in accordance with the
procedure laid down in Article 25(3).

Article 19

In the event of

1.
supply details of:

re-exportation,

the re-exporter shall

(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 importation and the name and address of the
exporter.

He shall then obtain a signed and stamped validation of all the
details by the competent authority in the re-exporting Member
State.

2.
The information about the catch mentioned in paragraph
1 may be amended to apply CCAMLR conservation measures
which become obligatory for the Community, in accordance
with the procedure laid down in Article 25(3).

CHAPTER VI

Transmission of data

Article 20

The Flag Member State shall convey immediately to the
CCAMLR Secretariat, by the most rapid electronic means avail-
able, and with a copy to the Commission, the copies referred to
in Articles 10 and 12.

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
numbers and e-mail addresses) responsible for issuing and vali-
dating catch documents.

Article 22

to the Commission,

Member States shall report annually by 15 September at the
for forwarding to the CCAMLR
latest
Secretariat, data drawn from the catch documents on the origin
and amount of Dissostichus spp. imported into or exported from
their territory.

CHAPTER VII

Final provisions

Article 23

II and III may be amended to apply CCAMLR
Annexes I,
conservation measures which become obligatory for
the
Community, in accordance with the procedure laid down in
Article 25(3).

Article 24

The measures necessary for the implementation of Article
8(2)(d), Article 9, Article 10(3), Article 11 and Article 12(3)
shall be adopted in accordance with the management proce-
dure referred to in Article 25(2).

The measures to be taken pursuant to Article 10(2), Article
12(2), Article 18(2), Article 19(2) and Article 23 shall be
adopted in accordance with the procedure referred to in Article
25(3).

Article 25

The Commission shall be assisted by the Committee set

1.
up under Article 17 of 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.

3. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply.

The period referred to in Article 4(3) and Article 5(6) of

4.
Decision 1999/468/EC shall be set at three months.

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

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This Regulation shall enter into force on the twentieth day following that of its publication in the Official
Journal of the European Communities.

Article 26

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

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ANNEX I

DISSOSTICHUS CATCH DOCUMENT

The catch document will

include the following information:

1. A specific identification number, consisting of:

(i) a four-digit number consisting of the two-digit International Standards Organisation (ISO) country code, followed

by the last two digits of the year for which the document is issued;

(ii) three-digit sequence number (beginning with 001) to denote the order in which the document catch forms are

issued.

2. The following information:

(i) the name, address, telephone and fax number of the authority which issued the document catch form;
(ii) the name, home port, national registry number and call sign of the vessel and, if applicable, its IMO/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 the Food and Agriculture Organisation of the United Nations (FAO) statistical area, subarea or division if

caught outside the Convention area;
(v) the dates within which the catch was taken;
(vi) in the case of landing, the date and the port at which the catch was landed; or in the case of transhipment, the
date and the name of the vessel, its flag and national registry number (for Community vessels, the internal
registration number in the fleet register allocated to the vessel in accordance with Article 5 of Commission
Regulation (EC) No 2090/98 of 30 September 1998 concerning the fishing vessel register of the Community),
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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ANNEX II

SPECIMEN DISSOSTICHUS-CATCH DOCUMENT

DISSOSTICHUS- CATCH CERTIFICATE

V1.2

Document Number

Flag State confirmation number

PRODUCTION SECTION

1. Issuing authority

Name

Address

Tel.No:
Fax No:

2. Name of fishing vessel

Home port and registry number

Call sign IMO/Lloyd’s number

(if applicable)

3. Licence number (if issued)

4. Fishing dates for catch under this amount
To:
From:

5. Date of landing/transhipment

6. Description of fish (landed/transhipped)

Species Type

Estimated
weight to be
landed
(kg)

Area caught

Verified landed
weight
(kg)

Net weight sold
(kg)

7. Name, address, tel. and fax number

Name of receiver:

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 certify that the above information is complete, true and correct to the best of my knowledge,
and that any Dissostichus spp. harvested in the Convention area was caught/not caught * in a manner consistent with CCAMLR
conservation measures.

Master of
Representative

fishing vessel or Authorised

Signature

Landing/transhipment
Port and country/area

9. Certificate of Transhipment: I certify that the above information is complete, true and correct to the best of my knowledge.

Master of receiving vessel

Signature

Name of vessel

Registry No

10. Certificate of Landing and/or Transhipment within a Port Area: I certify that the above landing information is complete, true and

correct to the best of my knowledge.

Name

Authority

Signature

Address

Tel. No:
Fax No:

Seal
(Stamp)

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11. EXPORTATION

12. Declaration by exporter: I certify that the above information is complete, true and correct to the
best of my knowledge.

Description of fish

Species Type of
product

Net weight
(kg)

Name

Address

Signature

Export licence
(if issued)

13. Export Government Authority Validation:
I certify that the above information is complete, true and accurate to the best of my knowledge.

Name/Title

Signature

Date

Seal (Stamp)

14 IMPORTATION

Name of importer

Address

Point of Unloading:

City

State/Province

Country

(*) Delete as appropriate.

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ANNEX III

SPECIMEN DISSOSTICHUS-RE-EXPORTATION DOCUMENT

DISSOSTICHUS-RE-EXPORTATION CERTIFICATE

V1.1

RE-EXPORTATION

Re-exportation country

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. Re-Exporter Certification I certify that the above information is complete, true and accurate to the best of my knowledge, and that the

above product comes from product certified by the attached Dissostichus Catch document(s).

Name

Address

Signature

Date

Export permit
(if issued)

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

accurate.

Name/Title

4. IMPORT SECTION
Name of importer
Place of Unloading:

Signature

Date

Seal (Stamp)

City

State/Province

Country

Address