Proposal for Council Regulation laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources and repealing Regulations (EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999
Date: 2002-07-03
Institutions: European Commission
Subjects: Antarctica, authorised catch, conservation of fish stocks, disclosure of information, fishing area, fishing controls, fishing regulations, marine life, ship's flag, vessel

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Proposal for Council Regulation laying down certain control measures applicable to fishing
activities in the area covered by the Convention on the conservation of Antarctic marine living
Resources and repealing Regulations (EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999

(2002/C 262 E/18)

COM(2002) 356 final — 2002/0137(CNS)

(Submitted by the Commission on 3 July 2002)

EXPLANATORY MEMORANDUM

The Community has been a Contracting Party to the Convention on the conservation of Antarctic marine
living resources since 1981. It is required to transpose the measures for the conservation and management
of fish stocks referred to in the Convention into Community law.

The conservation and management measures adopted by the Commission for the conservation of Antarctic
marine living resources (CCAMLR) include numerous rules on the monitoring of fishing activities. Up to
now most of these have been transposed into Community law by Council Regulation (EC) No 66/98 of 18
December 1997 laying down certain conservation and control measures applicable to fishing activities in
the Antarctic and repealing Regulation (EC) No 2113/96 (OJ L 6, 10.1.1998 p. 1).

The arrangements for the control of fishing activities in the Convention area were transposed by Council
Regulation (EEC) No 3943/90 of 19 December 1990 on the application of the system of observation and
inspection established under Article XXIV of the Convention on the Conservation of Antarctic Marine
Living Resources (OJ L 379, 31.12.1990 p. 45).

The Community rules on controls in the Convention area have been amplified by 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
(OJ L 203, 3.8.1999, p. 14).

These three instruments need to be updated to bring them into line with the amendments to the
corresponding CCAMLR measures, which have been especially important over the last
four years
(CCAMLR meetings XVII — 1998 to XX — 2001). Already in 1998, the limits and prohibitions on
catches of the species covered by the Convention were transposed as part of the annual TACs and quotas
exercise, whereas these limits previously formed part of Regulation (EC) No 66/98, referred to above. With
regard to the other measures in that Regulation, major changes have been made, within the CCAMLR, to
those concerning access to fishing activities in the area and the various catch and effort reporting systems
as regards both the procedures to be followed and the species subject to the individual system for the
different fishing areas. In particular, specific rules have been adopted for the crab and squid fisheries.

On the issue of the control system, the CCAMLR has introduced changes designed mainly to distinguish
between inspection and scientific observation activities focusing on data collection. This requires a
complete recasting of Regulation (EEC) No 3943/90 to take account of the fact that basic responsibility
for implementing the inspection arrangements rests with the Member States and that the Commission's
responsibility must be at the level of ‘monitoring the inspectors’, as it undertook to do to the Council and
the European Parliament in its Communication on European Community participation in regional fisheries
organisations or RFOs, COM(1999) 613 final of 8 December 1999.

Lastly, on the matter of the checks on vessels flying the flag of non-Contracting Parties, Regulation (EC) No
1721/1999 transposes a CCAMLR measure dating from 1998 which was significantly modified in 1999
and consequently also needs to be updated.

The Commission proposal brings together in a single instrument, therefore, all the control provisions
applying to fishing by Community vessels in the Convention area. The draft Regulation is made up of
seven Chapters:

— General provisions

— Arrangements concerning access to fishing activities in the Convention area

— Catch and effort reporting system

— Control and inspection at sea by vessels flying the flag of a Contracting Party to the Convention

— Control and inspection in port

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— Control measures applicable to vessels flying the flag of a Non-Contracting Party to the Convention

— Final provisions.

This proposal
applicable to fishing activities in the Convention area,
and the scientific observer scheme.

is being presented at the same time as a draft Regulation on the technical measures
including requirements concerning fishing gear

The two proposals have recourse to ‘the Committee procedures’
1999/468/EC of 28 June 1999. The management procedure under Article 4 of
included for the adoption of measures needed for implementing certain parts of the arrangements.

introduced by Council Decision
that Decision is

The Commission proposes therefore that the Council adopt the attached Regulation.

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 Convention’, was
approved by
the Community by Council Decision
81/691/EEC (1) and entered into force in the Community
on 21 May 1982.

(2) The Convention provides a framework for regional coop-
eration in the conservation and management of Antarctic
marine fauna and flora through the establishment of a
Commission for the Conservation and Management of
Antarctic Marine Living Resources, hereinafter called the
‘CCAMLR’, and the adoption by the latter of conservation
measures which become binding on the Contracting
Parties.

required to ensure that

(3) The Community, as a Contracting Party to the Convention,
the conservation measures
is
adopted by the CCAMLR are applied to Community
fishing vessels.

fishing activities

(4) The measures concerned include numerous

the control of
area which must

rules and
in the
provisions for
Convention
in
Community law as special provisions within the meaning
of Article 1(3) of Council Regulation (EEC) No 2847/93 of
12 October 1993 establishing a control system applicable
to the common fisheries policy (2), and supplementing the
provisions thereof.

incorporated

be

(5) Some of those special provisions have been transposed into
Community law by Council Regulation (EEC) No 3943/90
of 19 December 1990 on the application of the system of
observation and inspection established under Article XXIV
of the Convention on the Conservation of Antarctic Marine
Living Resources (3), by Council Regulation (EC) No 66/98

Antarctic
2113/96 (4),

of 18 December 1997 laying down certain conservation
and control measures applicable to fishing activities in
(EC)
the
No
(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 Conser-
vation of Antarctic Marine Living Resources (5).

repealing
by Council Regulation

Regulation

and
and

(6) With a view to implementing the new conservation
measures adopted by the CCAMLR, the above Regulations
should be amended. In order to ensure that Community
rules are clearer, they should be repealed and replaced by a
single Regulation bringing together the special provisions
for
fishing activities arising from the
Community's obligations as a Contracting Party to the
Convention.

the control of

(7) Since the measures needed to implement this Regulation
are management measures within the meaning of Article 2
of Council Decision 1999/468/EC of 28 June 1999 laying
implementing
down the procedures for the exercise of
powers conferred on the Commission (6), they should be
adopted in accordance with the management procedure
provided for in Article 4 of that Decision,

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Object and scope

This Regulation lays down general rules and conditions

1.
for the application by the Community of:

(a) control measures applicable to fishing vessels flying the flag
of a Contracting Party to the Convention for the Conser-
vation of Antarctic Marine Living Resources, hereinafter
called ‘the Convention’, operating in the Convention area
in waters located beyond the limits of national jurisdictions;

(1) OJ L 252, 5.9.1981, p. 26.
(2) OJ L 261, 20.10.1993, p. 1, as last amended by Council Regulation

(EC) No 2846/98 (OJ L 358, 31.12.1998, p. 5).

(3) OJ L 379, 31.12.1990, p. 45.

(4) OJ L 6, 10.1.1998, p. 1, as amended by Council Regulation (EC)

No 2479/98 (OJ L 309, 19.11.1998, p. 1).

(5) OJ L 203, 3.8.1999, p. 14.
(6) OJ L 184, 17.7.1999, p. 23.

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(b) a system to promote compliance by vessels flying the flag
of a non-Contracting Party with conservation measures laid
down by the Commission for the Conservation of Antarctic
Marine Living Resources, hereinafter called the ‘CCAMLR’.

(iii) to allow the CCAMLR's Scientific Committee to
formulate and provide advice on appropriate harvest
catch levels, as well as on effort levels and fishing gear
where appropriate;

2.
This Regulation shall apply without prejudice to the
provisions of the Convention and shall operate in furtherance
of its objectives and principles and the provisions of the final
act of the conference at which it was adopted.

(g)

‘CCAMLR inspector’:
a
Contracting Party to the Convention to implementing the
control system referred to in Article 1(1);

inspector

assigned

by

an

Article 2

Definitions

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

(a)

‘Convention area’: the area of application of the Convention
as defined in Article I thereof;

(b) ‘Antarctic convergence’: a line joining the following points
along parallels of latitude and meridians of longitude: 50° S,
80° E–55° S,
0°–50° S,
80° E–55° S, 150° E–60° S, 150° E–60° S, 50° O–50° S,
50° O–50° S, 0°;

30° E–45° S,

30° E–45° S,

(c)

‘Community fishing vessel’: a fishing vessel flying the flag
of a Community Member State and registered in the
Community which takes and keeps on board marine
organisms
in the
Convention area;

taken from marine living resources

(d) ‘VMS system’: a satellite-based vessel monitoring system
installed on board Community fishing vessels in accordance
with Article 3 of Regulation (EEC) No 2847/93;

(e)

‘new fishery’: a fishery for a species using a particular
fishing method in a FAO Antarctic sub-area, for which:

(i) information on distribution, abundance, population,
potential yield and stock identity from comprehensive
research/surveys or exploratory fishing have never
been submitted to the CCAMLR; or

(ii) catch and effort data have never been submitted to the

CCAMLR; or

(iii) catch and effort data from the two most recent seasons
in which fishing took place have never been submitted
to the CCAMLR;

(h) ‘CCAMLR control

system’:

the document bearing that
name, adopted by the CCAMLR, concerning the control
and inspection at sea of vessels flying the flag of a
Contracting Party to the Convention;

(i)

(j)

‘non-Contracting Party vessel’: a fishing vessel which flies
the flag of a non-Contracting Party to the Convention and
which has been sighted engaging in fishing activities in the
Convention area;

‘sighting’: any sighting of a vessel
flying the flag of a
non-Contracting Party to the Convention by a vessel
flying the flag of a Contracting Party to the Convention
and operating in the Convention area, or by an aircraft
registered in a Contracting Party to the Convention, and
overflying the Convention area or by a CCAMLR inspector.

CHAPTER II

ARRANGEMENTS CONCERNING ACCESS TO FISHING
ACTIVITIES IN THE CONVENTION AREA

Article 3

Community participation

Only Community fishing vessels holding a special fishing
1.
permit
issued in accordance with Council Regulation (EC)
No 1627/94 by their flag Member State shall be authorised,
in accordance with the conditions laid down in the permit, to
fish, retain on board, transship and land fishery resources from
the Convention area.

The Member States

send the Commission, by
shall
2.
computer transmission, within three days following the issue
of
the following
referred to in paragraph 1,
information concerning the vessel covered by the permit:

the permit

(a) the name of the vessel concerned;

(f)

‘exploratory fishery’: a fishery that was previously classified
as a ‘new fishery’ as defined in point (e). An exploratory
fishery shall continue to be classified as such until sufficient
information is available:

(b) the period for which it

is authorised to fish in the
Convention area, with the dates on which fishing activities
start and end;

(i) to evaluate the distribution, abundance and population
leading to an estimate of the

of the target species,
fishery's potential yield;

(c)

the fishing area or areas;

(d) the target species;

(ii) to review the fishery's potential impacts on dependent

and related species, and

(e)

the gear used.

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The Commission shall
CCAMLR secretariat without delay.

forward this

information to the

3.
The information transmitted to the Commission by the
Member States shall include the internal fleet register number
as provided for in Article 1 of Commission Regulation (EC)
No 2090/98 (1), together with the home port and the names of
the owner or charterer of the vessel, and shall be accompanied
by the notification that the master of the vessel has been
informed of
the measures in force for the area or areas
where the vessel will be fishing in the Convention area.

The Commission shall examine the notification, check
2.
that
it complies with the applicable rules and inform the
Member State of its findings. The Member State may issue
the special fishing permit upon receipt of the findings of the
Commission or within ten working days following notification.
The Commission shall notify the CCAMLR accordingly, at the
latest three months in advance of the date set for the start of
the fishery.

Detailed rules for the application of this Article shall be
3.
adopted in accordance with the procedure laid down in Article
31(2).

Paragraphs 1, 2 and 3 shall apply subject to the special

4.
provisions laid down in Articles 5, 6, 7 and 8 below.

Article 6

5.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

Article 4

General rules of conduct

1.
The special fishing permit referred to in Article 3, or an
authenticated copy thereof, shall be carried on board fishing
vessels and shall be available at all times for inspection by a
CCAMLR inspector.

Special provisions concerning access to new fisheries

1.
Fishing in a new fishery in the Convention area shall be
prohibited unless it has been authorised in accordance with
paragraph 5.

2.
The Member State concerned shall notify the Commission
not later than four months in advance of the annual meeting of
the CCAMLR of the intention of a Community fishing vessel to
develop a new fishery in the Convention area.

the
The notification shall be accompanied by as much of
following information as the Member State is able to provide:

2.
Each Member State shall ensure that all Community
fishing vessels flying its flag notify it of their entry to and
exit from all ports, their entry to and exit from the Convention
area and their movements between FAO Antarctic sub-areas
and divisions.

(a) the nature of the proposed fishery, including target species,
methods of fishing, proposed region and any minimum
level of catches that would be required to develop a
viable fishery;

3. Member States shall verify this information against data
received through the VMS systems operating on board fishing
vessels. They shall forward it to the Commission by computer
transmission within two days of receipt. The Commission shall
information without delay to the CCAMLR
transmit
executive secretariat.

this

4.
In the event of a technical breakdown of the VMS system
on board a Community fishing vessel, the flag Member State
shall notify the CCAMLR as early as possible, with a copy to
the Commission, of the name of the vessel, and the date and
position of the vessel when the VMS system ceased to function.
As soon as the VMS system is again operational
the flag
Member State shall inform the CCAMLR thereof without delay.

Article 5

Special provisions concerning access to crab fisheries

shall notify the Commission of

1. Member States
the
intention of a Community fishing vessel to fish for crab in
FAO Antarctic sub-area 48.3. Notification shall be made four
months in advance of the date set for the start of the fishery
and shall
include the internal fleet register number and the
research and fishing operations plan of the vessel concerned.

(1) OJ L 266, 1.10.1998, p. 27.

(b) biological information from comprehensive research/survey
cruises, such as distribution, abundance, demographic data
and information on stock identity;

(c) details of dependent and associated species and the like-
lihood of them being affected in any way at all by the
proposed fishery;

(d) information from other fisheries in the region or similar
fisheries elsewhere that may assist in the evaluation of
potential yield.

The Commission shall

3.
forward to the CCAMLR for
consideration the information provided in accordance with
paragraph 2, together with any other relevant information at
its disposal.

Once the CCAMLR has taken a decision, the new fishery
4.
shall be authorised by the Commission in cases where the
CCAMLR has not adopted any conservation measure with
regard to the new fishery, or by the Council, acting by a
qualified majority on a proposal from the Commission, in all
other cases.

5.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

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Article 7

Special provisions concerning access to exploratory
fisheries

Exploratory fishing in the Convention area shall be
1.
prohibited unless it has been authorised in accordance with
paragraphs 2 to 6.

Each Member State participating in an exploratory fishery
2.
or intending to authorise a vessel to participate in one shall
prepare a research and fishery operations plan which it shall
forward directly to the CCAMLR before a date set by the latter,
with a copy to the Commission.

The plan shall contain as much of the following information as
the Member State is able to provide:

(a) a description of how the Member State's activities will
comply with the data collection plan developed by the
CCAMLR Scientific Committee;

(b) the nature of

the exploratory fishery,
fishing,

species, methods of
maximum catch levels proposed for
season;

proposed

including target
and
region
the forthcoming

(c) biological

information from study and research voyages,
such as distribution, abundance, demographic data, and
information on stock identity;

Fishing capacity and effort

to a
6.
precautionary limit set at a level not exceeding that necessary
to obtain the information specified in the data collection plan
and required to make the evaluations referred to in Article 2(f).

shall be

subject

7.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

Article 8

Special provisions concerning access to scientific research
activities

1. Member States whose vessels intend to conduct scientific
research when the estimated catch is expected to be less than
50 tonnes, including not more than 10 tonnes of Dissostichus
spp, shall submit directly to the CCAMLR, with a copy to the
Commission, the following data:

(a) the name of the vessel concerned;

(b) its external identification mark;

(c)

the division and sub-area in which the research is to be
carried out;

(d) the estimated dates of entering and leaving the CCAMLR

Convention area;

(d) details of dependent and related species and the likelihood
of them being adversely affected by the proposed fishery;

(e)

the purpose of the research;

(e)

information from other fisheries in the region or similar
fisheries elsewhere that may assist in the evaluation of
potential yield.

3.
Each Member State participating in an exploratory fishery
shall submit annually to the CCAMLR, with a copy to the
Commission, before the expiry of the deadline agreed within
the CCAMLR the data specified in the data collection plan
developed by the Scientific Committee
fishery
concerned.

the

for

Where the data specified in the data collection plan have not
been forwarded to the CCAMLR for the most recent season in
which fishing took place, continued exploratory fishing by the
Member State which failed to forward its data shall be
prohibited until the relevant data have been presented to the
CCAMLR, with a copy to the Commission, and the Scientific
Committee has been given an opportunity to review the data.

Before a Member State authorises its vessels to participate
4.
in an exploratory fishery that
that
Member shall notify the CCAMLR not less than four months
in advance of the next regular meeting of the CCAMLR. The
notifying Member State shall not authorise its vessels to enter
the exploratory fishery until the conclusion of that meeting.

is already in progress,

5.
The name, type, size, registration number and radio call
sign of each vessel participating in the exploratory fishery shall
be notified directly by Member States to the CCAMLR, with a
copy to the Commission, at least three months in advance of
the start of each fishing voyage.

(f)

the fishing equipment likely to be used.

2.
The Community vessels referred to in paragraph 1 shall
be exempt from conservation measures relating to mesh size
regulations, prohibition of types of gear, closed areas, fishing
seasons and size limits, and reporting system requirements
other than those specified in Articles 9(6), and 16(1).

3. Member States whose vessels intend to conduct scientific
research where the estimated total catch is expected to be more
than 50 tonnes, or more than 10 tonnes of Dissostichus spp.,
shall submit to the CCAMLR for review, with a copy to the
Commission, a research programme at least six months in
advance of the planned starting date for the research. Until
the review process is completed by the CCAMLR and its
decision notified, the planned fishing for research purposes
shall not proceed.

4. Member States shall report to the CCAMLR, with a copy
to the Commission, catch and effort data for each haul
resulting from any scientific research subject to the provisions
in paragraphs 1, 2 and 3. A summary of the results shall be
provided by the Member State to the CCAMLR, with a copy to
the Commission, within 180 days of the completion of the
research. A full report of the results of the research shall be
provided to the CCAMLR, with a copy to the Commission,
within twelve months.

5.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

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CHAPTER III

CATCH AND EFFORT REPORTING SYSTEM

S e c t i o n 1

Catch and effort report

Article 9

Catch and effort report

1.
Community fishing vessels shall be subject to three catch
and effort reporting systems according to period as referred to
in Articles 10, 11 and 12 for the different species and the FAO
areas, sub-areas and divisions concerned.

The catch and effort report shall contain the following

2.
information for the period in question:

(a) the name of the vessel,

(b) its external identification mark,

(c) the total catch of the relevant species,

(d) the total number of days and hours fished,

The monthly catch and effort reporting system shall

2.
apply to:

(a) the fishery for Electrona carlsbergi in FAO Antarctic sub-area

48.3;

(b) the fishery for Euphausia superba in FAO Antarctic area 48

and in FAO Antarctic divisions 58.4.2 and 58.4.1.

3.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

Article 11

Ten-day catch and effort reporting system

For the purposes of the ten-day catch and effort reporting
1.
system, each calendar month shall be divided into three
reporting periods, designated by the letters A, B and C and
running from day 1 to day 10, day 11 to day 20 and day
21 to the last day of the month respectively.

The ten-day catch and effort reporting system shall apply

2.
to:

(e) the catches of all species and by-catch species kept on

board during the reporting period,

(a) the fisheries for Champsocephalus gunnari and Dissostichus
eleginoides and other deep-water species in FAO Antarctic
division 58.5.2;

(f)

in the case of longline fisheries, the number of hooks.

3.
The masters of Community fishing vessels shall submit a
catch and effort report to the competent authorities of the flag
Member State at the latest one day after the end of the relevant
reporting period.

transmission,

The Member States shall notify the Commission, by
4.
latest within three days
computer
following each reporting period, of
the catch and effort
report transmitted by each fishing vessel flying their flag and
registered in the Community. Each catch and effort report shall
specify the reporting period of the catch concerned.

the

at

The Commission shall forward to the CCAMLR, at the
5.
latest within five days following the end of each reporting
period, the catch and effort reports received in accordance
with paragraph 3.

The catch and effort reporting systems shall apply to
6.
species taken for scientific research purposes, whenever the
catch within a given period exceeds five tonnes.

Detailed rules for the application of this Article shall be
7.
adopted in accordance with the procedure laid down in Article
31(2).

Article 10

(b) the exploratory fishery for the squid Martialia hyadesi

in

FAO Antarctic sub-area 48.3;

(c)

(order Decapoda,
the fishery for the crab Paralomis spp.
in FAO Antarctic sub-area 48.3,
sub-order Reptantia)
other than that operated during the first phase of
the
CCAMLR exploratory fishery scheme for that species and
sub-area.

Detailed rules for the application of this Article shall be
3.
adopted in accordance with the procedure laid down in Article
31(2).

Article 12

Five-day catch and effort reporting system

For

the purposes of

1.
the five-day catch and effort
reporting system, each calendar month shall be divided into
six reporting periods, designated by the letters A, B, C, D, E
and F and running from day 1 to day 5, day 6 to day 10, day
11 to day 15, day 16 to day 20, day 21 to day 25 and day 26
to the last day of the month respectively.

The five-day catch and effort reporting system shall apply

2.
for each fishing season to:

Monthly catch and effort reporting system

(a) the fishery for Champsocephalus gunnari

in FAO Antarctic

sub-area 48.3;

For

1.
reporting system,
month.

the purposes of

the monthly catch and effort
the reporting period shall be a calendar

(b) the fishery for Dissostichus eleginoides in FAO Antarctic

sub-areas FAO 48.3 and 48.4.

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Following notification by the CCAMLR of the closure of a
3.
fishery in the event of failure to transmit the catch and effort
report referred to in this Article, the vessel or vessels concerned
shall cease operating immediately in the fishery in question and
shall be authorised to resume fishing only where the report or,
as appropriate, an explanation of
the technical difficulties
justifying the failure to present a report has been sent to the
CCAMLR.

4.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

S e c t i o n 2

Monthly fine-scale data reporting systems for trawl, longline
and pot fisheries

Article 13

Monthly fine-scale catch and effort data reporting system

shall

fishing

forward

Community

the
vessels
1.
competent authorities of the Member State whose flag they
fly,
the
for each fishing season, by the fifteenth day of
month following that in which fishing takes place, fine-scale
catch and effort data for the month concerned, concerning, as
appropriate, trawling, longlining or pot fishing, for the species
and in the areas below:

to

(a) Champsocephalus gunnari in FAO Antarctic division 58.5.2

and in FAO Antarctic sub-area FAO 48.3;

(b) Dissostichus

eleginoides

in FAO Antarctic sub-areas FAO

48.3 and 48.4;

Detailed rules for the application of this Article shall be
5.
adopted in accordance with the procedure laid down in Article
31(2).

Article 14

Monthly fine-scale biological data reporting system

shall

fishing

Community

1.
the
vessels
competent authorities of the Member State whose flag they
fly, under the same conditions and for the same fisheries as
those referred to in Article 13, representative samples of length
composition measurements of the target species and by-catch
species taken in the fishery.

forward

to

fish shall be of

Length measurements of

2.
length
rounded down to the nearest centimetre and representative
samples of length composition shall be taken from a single
fine-scale grid rectangle (0.5° latitude by 1° longitude). In the
event that a vessel moves from one fine-scale rectangle to
another during the course of a month, then separate length
compositions should be submitted for each rectangle.

total

3.
In the case of data concerning the fishery referred to in
Article 13(1)(d), a representative sample shall comprise not less
than 500 fish.

4.
At the end of each month Member States shall transmit
the notifications received to the Commission, which shall
forward them to the CCAMLR without delay.

5.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

(c) Dissostichus eleginoides in FAO Antarctic division 58.5.2

Article 15

(d) Electrona carlsbergi in FAO Antarctic sub-area 48.3;

(e) Martialia hyadesi in FAO Antarctic sub-area 48.3;

(f) Paralomis spp. (order Decapoda, sub-order Reptantia) in FAO
Antarctic sub-area 48.3, other than that fished during the
first phase of the CCAMLR exploratory fishery scheme for
that species and sub-area.

2.
In the case of the fisheries referred to in paragraphs 1(a),
and (e), the data shall be reported for each laying of pots, and
in other cases for each haul.

All catches of

target and by-catch species

shall be
3.
reported for individual species. The data shall
include the
numbers of seabirds and marine mammals of each species
caught and released or killed.

4. Member States shall
Commission at
shall transmit these data to the CCAMLR without delay.

this information to the
the end of each month. The Commission

transmit

Closure of a fishery on grounds of failure to submit a
report

Where the CCAMLR notifies a Member State that a fishery has
been closed on account of failure to submit a report as referred
to in Articles 13 and 14, the Member State concerned shall
ensure that its vessels operating in that fishery cease fishing
immediately.

S e c t i o n 3

Annual reporting of catches

Article 16

Total catch data

1. Without prejudice to Article 15 of Regulation (EEC)
No 2847/93, Member States shall notify the Commission, by
31 July each year, of the total catches for the preceding year
taken by Community fishing vessels flying their flag, broken
down by vessel.

2.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

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Article 17

Data for catches of crab in FAO Antarctic sub-area 48.3

1.
Community vessels fishing for crab in FAO Antarctic
by
sub-area 48.3 shall
25 September each year, data concerning fishing activities
and the catches of crab taken before 31 August of that year.

to the Commission,

forward

The data concerning catches taken from 31 August each
2.
year shall be forwarded to the Commission within two months
following the closure of the fishery.

3.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

Article 18

Fine-scale catch and effort data for the exploratory squid
fishery in FAO Antarctic sub-area 48.3

1.
Community vessels fishing for squid (Martialia hyadesi)
using a jig in FAO Antarctic sub-area 48.3 shall forward to
the Commission, by 25 September each year, the fine-scale
catch and effort data for that fishery. The data shall include
the numbers of seabirds and marine mammals of each species
caught and released or killed.

2.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

CHAPTER IV

CONTROL AND INSPECTION AT SEA

Article 19

Scope

This Chapter shall apply to Community fishing vessels and
fishing vessels flying the flag of another Contracting Party to
the Convention.

Article 20

CCAMLR inspectors shall be familiar with the scientific
3.
research activities
the
Convention and the conservation measures adopted under it.
The Member States shall certify the qualifications of each
inspector they appoint.

the provisions of

to be inspected,

4.
Inspectors shall be nationals of the Member State which
designates them and, while carrying out inspection activities,
shall be subject solely to the jurisdiction of that Member State.
They shall be accorded the status of ship's officer while on
board and shall be able to communicate in the language of
the Flag State of the vessels on which they carry out their
activities.

5.
Each CCAMLR inspector shall carry an identity document
approved or provided by the CCAMLR and issued by the
Member State which makes the appointment. This document
shall indicate that the inspector has been designated to carry
out inspections in accordance with the CCAMLR observation
and inspection system.

6. Member States shall forward the names of the inspectors
they appoint, with a copy to the Commission, to the CCAMLR
secretariat within 14 days of their appointment.

7. Member States shall cooperate with each other and with
the Commission in the application of the system.

8.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

Article 21

Determining the activities that may be subject to
inspection

and the harvesting of marine

Research activities
living
resources in the Convention area may be subject to inspection.
These activities shall be presumed where a CCAMLR inspector
finds that the activities of a fishing vessel meet one or more of
the following four criteria and there is no information to the
contrary:

(a)

fishing gear is in use, has recently been in use or is ready to
be used, e.g.:

CCAMLR inspectors appointed by the Member States to
carry out inspections at sea

— trawl nets and boards are rigged;

1.
The Member States shall appoint CCAMLR inspectors
who may be placed on board any Community fishing vessel
or, by arrangement with another Contracting Party, on board a
vessel of the latter, engaged in or about to be engaged in the
harvesting of marine living resources or in scientific research
activities related to fisheries resources in the Convention area.

— baited hooks, baited pots or traps or thawed bait are

ready for use;

— the log indicates recent fishing or fishing in progress;

(b) fish which occur

in the Convention area are being

processed or have recently been processed, e.g:

2.
CCAMLR inspectors shall inspect Community vessels in
the Convention area for compliance with the applicable conser-
vation measures adopted by the CCAMLR and any other
Community conservation or control measures
relating to
fisheries resources applying to those vessels.

— fresh fish or fish waste are present on board;

— fish are being frozen;

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— notes are present with operational or processing

information;

and/or video footage as necessary to document any alleged
breach of conservation measures in force adopted by the
CCAMLR.

(c)

fishing gear from the vessel is in the water, e.g.:

— fishing gear bears the vessel's markings;

— fishing gear is identical with that on board the vessel;

— the log indicates that gear is in the water;

(d) fish (or their products) which occur in the Convention area

are stowed on board.

Article 22

Marking of vessels carrying inspectors

1.
Vessels carrying CCAMLR inspectors shall fly a special
flag or pennant approved by the CCAMLR to indicate that
the inspectors on board are carrying out inspection duties in
accordance with the CCAMLR inspection system.

2.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

Article 23

Inspection procedures at sea

1.
Any Community vessel present in the Convention area
for the purpose of harvesting or conducting scientific research
on marine living resources shall, when given the appropriate
signal in the International Code of Signals in accordance with
Article 22 above by a vessel carrying a CCAMLR inspector,
stop or take other such actions as necessary to facilitate the
safe and prompt transfer of the inspector to the vessel, unless
the vessel is actively engaged in harvesting operations, in which
case it shall do so as soon as practicable.

The master of the vessel shall permit the inspector, who
2.
may be accompanied by assistants, to board the vessel. On
boarding a vessel, an inspector shall present the document
described in Article 20(5). Inspectors shall be provided appro-
priate assistance by the master of the vessel in carrying out
their duties, including access as necessary to communications
equipment.

The inspection shall be carried out so that the vessel is
3.
to the minimum interference and inconvenience.
subject
Inquiries shall be limited to the ascertainment of
facts in
relation to compliance with the CCAMLR measures in effect
for the flag State concerned.

4.
Inspectors shall have the authority to inspect catches, nets
and other fishing gear as well as harvesting and scientific
research activities, and shall have access
to records and
reports of catch and location data insofar as necessary to
Inspectors may take photographs
carry out their functions.

CCAMLR inspectors shall affix an identification mark
5.
approved by the CCAMLR to any net or other fishing gear
which appears to have been used in breach of the conservation
measures in force. They shall record this fact in the report
referred to in Article 24.

Before leaving the vessel that has been inspected, the
that vessel a
referred to in

6.
CCAMLR inspector shall give the master of
copy of
Article 24.

the completed inspection report

7.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

Article 24

Inspection report

1.
Inspections at sea carried out in accordance with Article
23 shall be the subject of an inspection report drawn up as
follows:

(a) CCAMLR inspectors shall report on any alleged breach of
the conservation measures in force. Inspectors shall allow
the master of the vessel being inspected to comment, on
the inspection report
the
inspection;

form, about any aspect of

(b) inspectors shall sign the inspection report form. The master
shall be invited to sign the
the

form to acknowledge receipt of

the inspected vessel

of
inspection report
report.

2.
the
The CCAMLR inspector shall provide a copy of
inspection form along with photographs and video footage
to the designating Member State not
than 15 days
following his/her return to port.

later

The Member State which appointed the CCAMLR
3.
inspector shall forward a copy of the inspection form not
later than 15 days from its reception along with two copies
of photographs and video footage to the CCAMLR. It shall also
forward one copy of this material to the Commission not later
than seven days from receipt together with any supplementary
report or
transmitted
subsequently to the CCAMLR regarding the inspection report.

information that

it would have

Any Member State which receives an inspection report
4.
concerning a vessel flying its flag shall notify the Commission
thereof without delay, enclosing a copy of any comments
and/or observations it may have forwarded to the CCAMLR
following receipt of the inspection report and, where appro-
priate, any supplementary report or information received later.

5.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

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Article 25

Infringement procedure

If, as a result of

inspection activities carried out

1.
accordance with the CCAMLR inspection system,
evidence of breach of
Convention,
flag Member State shall
prosecute and, if necessary, impose penalties.

the measures adopted under
steps

in
there is
the
to

take

the

2.
The flag Member State shall, within fourteen days of the
laying of charges or the initiation of proceedings, inform the
CCAMLR and the Commission, and keep them informed of the
progress of the proceedings and their outcome.

3.
The flag Member State shall at least once a year report to
the CCAMLR, in writing, about the outcome of the proceedings
and the penalties imposed. If the proceedings have not been
completed, a progress report shall be made. When proceedings
have not been launched, or have been unsuccessful, the report
shall contain an explanation. The flag Member State shall send
a copy of the report to the Commission.

4.
Penalties provided for by flag Member States in respect of
infringements of CCAMLR conservation measures shall be
sufficiently severe as to effectively ensure compliance with
those measures and shall seek to deprive offenders of any
economic benefit accruing from their illegal activities.

5.
The flag Member State shall ensure that any of its vessels
which have been found to have contravened a CCAMLR
fishing operations
conservation measure do not carry out
within the Convention area until they have complied with
the penalties imposed.

6.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

CHAPTER V

CONTROL AND INSPECTION IN PORT

Article 26

Control and inspection in port

1. Member States shall carry out checks on Community
fishing vessels and on those flying the flag of another
Contracting Party to the Convention which are intending to
land or transship Dissostichus spp. at their ports.

The checks shall seek to establish that the catch to be landed or
transshipped is accompanied by the catch document for Dissos-
tichus required under Council Regulation (EC) No 1035/2001 (1),
that
to the information contained in the
document and, where the vessel has engaged in harvesting
activities in the Convention area, that they are in compliance
with the CCAMLR conservation measures.

it corresponds

2.
To facilitate checks, the Member States shall require the
vessels concerned to provide advance notice of their entry into

(1) OJ L 145, 31.5.2001, p. 1.

port and to declare in writing that they have not engaged in
unlawful, unregulated and unreported fishing activities in the
Convention area or have not provided support for activities of
this type. Entry into port shall be refused, save in emergencies,
to vessels which fail to declare that they have not taken part in
unlawful, unregulated and unreported fishing activities or
which fail to forward their declaration.

In the case of vessels authorised to enter port, the competent
authorities in the port Member State shall carry out
their
checks as rapidly as possible and at
the latest within 48
hours following entry into port.

Checks shall not unduly inconvenience vessels or crew, and
shall comply with the relevant provisions of the CCAMLR
inspection system.

3. Where there is evidence that the vessel has fished in
breach
the
competent authorities in the port Member State shall not
authorise the landing or transshipment of the catch.

the CCAMLR conservation measures,

of

The port Member State shall notify the flag Member State of
the findings of the checks and cooperate with it in carrying out
an investigation into the alleged breach and, where appropriate,
applying the penalties provided for under national law.

4. Member States shall notify the CCAMLR at the earliest
opportunity of any vessel covered by this Article to which
access to port or authorisation to land or transship Dissostichus
spp. has been refused. They shall transmit a copy of that
information to the Commission at the same time.

5.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

CHAPTER VI

CONTROL MEASURES APPLICABLE TO VESSELS OF A
NON-CONTRACTING PARTY TO THE CONVENTION

Article 27

Sighting at sea

Any vessel of a Non-Contracting Party to the Convention
1.
sighted while engaging in fishing in the Convention area shall
be presumed to have undermined the effectiveness of CCAMLR
conservation measures. In the case of transshipment activities
involving the participation of a vessel of a Non-Contracting
Party sighted inside or outside the Convention area,
the
presumption that the effectiveness of the CCAMLR conser-
vation measures has been undermined shall apply to any
other vessel of Non-Contracting parties which was engaged
in those activities with that vessel.

2. Member States shall transmit to the CCAMLR without
delay reports of any such sightings, with a copy to the
Commission.

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the vessel of a
A Member State which observes
3.
Non-Contracting Party shall seek to inform it
it has
that
been observed engaging in fishing activities in the Convention
area and, consequently, that it is presumed to have undermined
the objective of the Convention, and also that this information
will be notified to all Contracting Parties to the Convention and
to the vessel's flag State.

4.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

Article 28

Prohibition of transshipment

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.

Article 29

Inspection in port

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 notifi-
cation.

for

cases

Except

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

force majeure

of

shall be
the landing and transshipment of
prohibited, unless the master of the vessel can show that the
species were caught outside the Convention area, or
in
accordance with all the relevant conservation measures and
the principles of the Convention.

those species

of

The

results

of
5.
the Member States'
non-Contracting Parties carried out at
ports and of any action that
follows shall be transmitted
without delay to the CCAMLR, with a copy to the Commission.

inspections

vessels

all

of

6.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
31(2).

CHAPTER VII

FINAL PROVISIONS

Article 30

Implementation

The measures necessary for implementing Articles 3, 5, 6, 7, 8,
9, 10, 11, 12, 13, 14, 16, 17, 18, 20, 22, 23, 24, 25, 26, 27
and 29 shall be adopted in accordance with the management
procedure referred to in Article 31(2).

Article 31

Committee

The Commission shall be assisted by the Committee set
(EEC)
under Article

of Council Regulation

17

1.
up
No 3760/92 (1).

reference

2. Where
the
management procedure provided for in Article 4 of Decision
1999/468/EC shall apply, subject to the provisions of Article 7
thereof.

to this paragraph,

is made

On the date on which this Regulation enters into force,
Member States shall send the Commission a list of the ports
designated for that purpose. They shall notify the Commission
of any subsequent changes to that list. The Commission shall
publish the list of ports and changes hereto in the C series of
the Official Journal of the European Communities.

3. Member States shall ensure that each non-Contracting
Party vessel as referred to in Article 27(1) which enters a
is inspected by their competent authorities
designated port
and is prevented from landing or transshipping any catch
Inspections shall
until
cover,
fishing
gear, species held on board and any other information, such
as data from a VMS system, concerning the activities of the
vessel in the Convention area.

this inspection has been completed.

the vessel documents,

fishing log,

inter alia,

in the course of an inspection pursuant

4. When,
to
paragraph 3, a non-Contracting Party vessel is found to have
species on board subject to CCAMLR conservation measures,

The period referred to in Article 4(3) of Decision

3.
1999/468/EEC shall be [one] month.

Article 32

Repeal

Regulations (EEC) No 3943/1990,
No 1721/1999 are hereby repealed.

(EC) No 66/98, and (EC)

Article 33

Entry into force

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Community.

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

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