Proposal for a Council Regulation amending Regulation (EC) No 1035/2001 establishing a catch documentation scheme for Dissostichus spp.
Date: 2002-07-24
Institutions: European Commission
Subjects: EU control, catch of fish, data transmission, document, export monitoring, fishing controls, fishing regulations, sale

26.11.2002

EN

Official Journal of the European Communities

C 291 E/217

Proposal for a Council Regulation amending Regulation (EC) No 1035/2001 establishing a catch
documentation scheme for Dissostichus spp.

(2002/C 291 E/13)

COM(2002) 424 final — 2002/0184(CNS)

(Submitted by the Commission on 24 July 2002)

EXPLANATORY MEMORANDUM

The Commission for the Conservation of the Antarctic Marine Living Resources (CCAMLR) adopted a
Catch Documentation Scheme for Dissostichus spp. at its twentieth Annual Meeting in November 1999.
The intention with the scheme is to improve monitoring of international trade of Dissostichus spp. and to
identify the origins of all species imported into or exported from the territories of CCAMLR Contracting
Parties. The scheme also makes it possible to determine if Dissostichus spp. have 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. The scheme applies on all catches of
Dissostichus spp., regardless if they are taken inside our outside the Convention Area of CCAMLR.

The scheme was implemented into Community law by Council Regulation (EC) No 1035/2001 of 22 May
2001 establishing a Catch Documentation Scheme for Dissostichus spp.

At its twentieth Annual Meeting held in November 2001, CCAMLR adopted a number of amendments to
improve the functioning of the scheme, in particular to combat misreporting of catches. Catch figures
from the entry into force of the scheme had showed a drastic increase of catches taken outside the
Convention Area (some 30 000 tonnes compared to some 11 000 tonnes in previous years), especially
from FAO Statistical Area 51 in the South West Indian Ocean. The Scientific Committee of CCAMLR
found it highly unlikely that Dissostichus spp. could be found in Area 51 and concluded that practically all
catches declared in this Area represented illegal fishing in the Convention Area.

Conscious that the Catch Documentation Scheme were in fact used to launder illegal catches taken in the
Convention Area, CCAMLR decided to strengthen the verification requirements by the use of data reports
derived from an automated satellite-linked Vessel Monitoring System (VMS). CCAMLR also introduced a
possibility for all States participating in the scheme to request an additional verification by the flag state
when Dissostichus spp. had been declared as having been caught on the high seas outside the Convention
Area. Coupled with this last measure is a resolution urging all States to prohibit such landings and imports
if the flag state fails to demonstrate that it verified such a catch document with the use of VMS data. This
resolution was proposed by France (on behalf of its overseas territories) and supported by the Community
and should, therefore, despite not being a binding legal instrument, also be implemented into Community
law.

Other important amendments include the introduction of a procedure to deal with the sale or disposal of
seized and confiscated catches and improved export control. Certain technical amendments were also made
in the catch document to clarify flag and port state responsibilities and certification declarations. Finally,
some minor amendments have been introduced to improve the functioning of the system at Community
level.

The Commission proposes that the Council adopt this Regulation.

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Official Journal of the European Communities

26.11.2002

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,

senting no more than 5 % of
species and no more than 50 tonnes
fishing trip by a vessel.

the total catch of all
for an entire

3.
Subparagraph 2 of paragraph 2 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).’

Whereas:

2. In Article 9, paragraph 1 is replaced by the following:

(1) Council Regulation (EC) No 1035/2001 of 22 May estab-
lishing a catch documentation scheme for Dissostichus spp.
implements the catch documentation scheme adopted by
the Commission for the conservation of antarctic marine
living resources, hereinafter referred to as ‘CCAMLR’, at its
eighteenth Annual Meeting in November 1999.

(2) At its twentieth Annual Meeting in November 2001, the
CCAMLR adopted a number of amendments to the scheme
in order to,
inter alia, combat misreporting and improve
export control and introduced a procedure to deal with the
sale or disposal of seized and confiscated catches.

‘After having verified, by the use of data reports obtained
through an automated satellite-linked Vessel Monitoring
System (VMS), that the area fished and the catch to be
landed or
is
accurately recorded and consistent with its authorisation
to fish, the Flag Member State shall convey a confirmation
number to the master by the most rapid electronic means.

reported by its vessel

transhipped as

The master shall enter the confirmation number on the
catch document’.

3. Article 13 is replaced by the following:

(3) Regulation (EC) No 1035/2001 should therefore be

amended accordingly,

‘Article 13

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1035/2001 is amended as follows:

1. Article 2 is replaced by the following:

‘Scope

within

This Regulation shall apply to all Dissostichus spp.
0302 69 88 10,
0302 69 88 40,
0303 79 88 20,
and

TARIC
codes
0302 69 88 30,
0303 79 88 10,

0303 79 88 40,

0303 79 88 90

1.
falling
0302 69 88 20,
0302 69 88 90,
0303 79 88 30,
0304 20 88 00:

1. 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
spp. harvested in the CCAMLR area was
Dissostichus
caught in a manner consistent with the CCAMLR conser-
vation measures.

reasons

If a Member State has

to believe that
2.
spp. declared as
imports of Dissostichus
landings or
having been caught on the high seas outside
the
CCAMLR area consist in actual fact of Dissostichus spp.
caught
the Member State shall
request the Flag State to carry out an additional verifi-
cation of the catch document by the use of,
inter alia,
data reports provided through an automated satellite-
linked VMS.

in the CCAMLR area,

(a)

landed or transhipped by Community fishing vessels;
or

(b) imported into, or exported or re-exported from the

Community;

If the Flag State despite this request fails to demonstrate
that the catch document was verified with the use of VMS
data, the catch document shall be considered as void ab
initio and the importation and exportation of the Dissos-
tichus spp. shall be prohibited.

2.
This Regulation shall not apply to by-catches of
Dissostichus spp. taken by trawlers fishing on the high
seas outside the CCAMLR area.

For the purpose of this paragraph a by-catch of Disso-
stichus spp. means a quantity of Dissostichus spp. repre-

shall, without delay,

3. Member States
inform the
Commission and other Member States of any instance
where the results of the additional verification referred to
in paragraph 2 indicate that the catches were not caught
in a manner consistent with the CCAMLR conservation
measures and of
the measures taken by the Member
State in this regard.’

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4. Article 15 is replaced by the following:

‘Article 15

immediately transmit

to the
2. Member States shall
Secretariat, by the most rapid electronic means available,
and with a copy to the Commission, a copy of the export
validated or re-export-validated catch documents as well as
the documents referred to in Article 22a.’

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

7. Article 22 is replaced by the following:

‘Article 22

spp.

imported into or

2. Member States shall ensure that their customs auth-
orities or other competent official agents request and
examine the documentation of each shipment of Disso-
exported from their
stichus
territory in order to verify that it includes the export-
validated or re-export-validated catch document or the
documents corresponding to the total quantity of Dissos-
tichus spp. contained in the shipment. These authorities or
agents may also examine the content of any shipment in
order to verify the information contained in the catch
document or documents.

By 15 March, 15 June, 15 September and 15 December of
each year at the latest Member States shall report to the
Commission data drawn from the catch documents on the
origin, destination and quantity of Dissostichus
spp.
imported into or exported from their territory.

the Commission shall

forward the data
Each year
concerning the origin and the quantity to the CCALMR
Secretariat.’

8. The following Chapter VIa is inserted:

3. Member States shall inform the Commission of any
instance where the results of the verifications referred to in
the documentation
paragraphs 1 and 2 indicate that
requirements set out in this Regulation have not been met.

‘CHAPTER VIa

SALE OF SEIZED OR CONFISCATED FISH

Article 22a

An export-validated Dissostichus spp. catch document

4.
is 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.’

5. Article 17 is replaced by the following:

‘Article 17

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

6. Article 20 is replaced by the following:

‘Article 20

1.
The Flag Member State shall convey immediately to
the CCAMLR Secretariat, by the most rapid electronic
means available, and with a copy to the Commission,
the copies referred to in Articles 10 and 12.

spp.,

it shall

If a Member State has cause to sell or dispose of seized or
confiscated Dissostichus
issue a specially
validated catch document. This catch document shall
include a statement specifying the reasons for that vali-
dation and describe the circumstances under which the
seized or confiscated fish are moving into trade. Member
States shall ensure that no financial benefit from the sale
or disposal of this fish accrue to the perpetrators of the
illegal fishing activities.’

9. In Article 24,
following:

the first paragraph is replaced by the

‘The measures necessary for the implementation of Article
8(2)(d), Article 9, Article 10(3), Article 11, Article 12(3),
Article 13(2)
adopted in
and Article 15 shall be
accordance with the procedure referred to in Article 25
(2).’

10. Annex II is replaced by the text in the Annex to this to

this Regulation.

Article 2

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

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

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Official Journal of the European Communities

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ANNEX