Council Regulation (EC) No 1984/2003 of 8 April 2003 introducing a system for the statistical monitoring of trade in bluefin tuna, swordfish and bigeye tuna within the Community
Date: 2003-04-08
Institutions: Council of the European Union
Subjects: catch by species, disclosure of information, export (EU), fishing statistics, import (EU), sea fish

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(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1984/2003

of 8 April 2003

introducing a system for the statistical monitoring of trade in bluefin tuna, swordfish and bigeye
tuna within the Community

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, 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)

Since 14 November 1997, and following the adoption
of Council Decision 86/238/EEC (3), the Community has
been a Contracting Party to the International Convention
for the Conservation of Atlantic Tunas signed in Rio de
Janeiro on 14 May 1966, as amended by the Protocol
annexed to the Final Act of the Conference of Plenipo-
tentiaries of the States Parties to the Convention signed
at Paris on 10 July 1984 (hereinafter called the ‘ICCAT
Convention’).

The ICCAT Convention provides a framework for
regional cooperation in the conservation and manage-
ment of tuna stocks and tuna-like species in the Atlantic
Ocean and adjacent seas through the establishment of an
International Commission for
the Conservation of
Atlantic Tunas, hereinafter called the ‘ICCAT’, and the
adoption by the latter of conservation measures which
become binding on the contracting parties.

As part of the measures to regulate stocks of bigeye tuna
improve the quality and reliability of
and swordfish,
statistical data and control the spread of illegal fishing,
the ICCAT has adopted recommendations on the intro-
duction of statistical document programmes for bigeye
tuna and Atlantic swordfish. Since these recommenda-
tions have become binding on the Community, they
need to be put into effect.

Council Decision 95/399/EC (4) approved the accession
of the Community to the Agreement for the establish-
ment of
the Indian Ocean Tuna Commission. This
Agreement constitutes a framework for strengthening
international cooperation for the purpose of conserving
and making rational use of
Indian Ocean tuna and
related species through the establishment of the Indian

(1) OJ C 331 E, 31.12.2002, p. 128.
(2) Opinion of 12 February 2003 (not yet published in the Official

Journal).

(3) OJ L 162, 18.6.1986, p. 33.
(4) OJ L 236, 5.10.1995, p. 24.

Ocean Tuna Commission, hereinafter called the ‘IOTC’
and the adoption by the latter of resolutions on conser-
vation and management in the area of competence of
the IOTC which become binding on the contracting
parties.

The IOTC has adopted a resolution establishing a statis-
tical document programme for bigeye tuna. As this reso-
lution has become binding on the Community, it needs
to be put into effect.

tuna

bluefin

programme

The recommendations and resolution on a statistical
adopted
for
document
previously by the ICCAT have been incorporated in
Community law by Council Regulation (EC) No 858/94
of 12 April 1994 introducing a system for the statistical
monitoring of trade in bluefin tuna (Thunnus thynnus)
within the Community (5). In order to ensure that the
provisions on statistical documents are more easily read-
able and applied uniformly, Regulation (EC) No 858/94
should be repealed and all
the relevant provisions
brought together in this Regulation.

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 (6),

(5)

(6)

(7)

HAS ADOPTED THIS REGULATION:

CHAPTER 1

GENERAL PROVISIONS

Article 1

Object

This Regulation lays down general rules and conditions for the
application by the Community of:

(a) the statistical document programmes

for bluefin tuna
(Thunnus thynnus), swordfish (Xiphias gladius) and bigeye
tuna (Thunnus obesus) adopted by the ‘ICCAT’;

(5) OJ L 99, 19.4.1994, p. 1. Regulation as amended by Regulation

(EC) No 1446/1999 (OJ L 167, 2.7.1999, p. 1).

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

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(b) the

statistical document programme
(Thunnus obesus) adopted by the ‘IOTC’.

for bigeye

tuna

Article 2

Scope

This Regulation shall apply to bluefin tuna, swordfish and
bigeye tuna as referred to in Article 1:

(a) caught by a Community vessel or producer, or

(b) imported into the Community, or

(c) exported or re-exported from the Community to a third

country.

This Regulation shall not apply to bigeye tuna taken by seiners
or baitboats and intended mainly for the canning industry in
the areas of application of the Agreement for the establishment
of the Indian Ocean Tuna Commission (hereinafter called ‘the
IOTC Agreement’) and the ICCAT Convention.

Article 3

Definitions

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

(a) bluefin tuna:

fish of the species Thunnus thynnus falling

within the TARIC codes listed in Annex I;

(b) swordfish: fish of the species Xiphias gladius falling within

the TARIC codes listed in Annex II;

(c) bigeye tuna: fish of the species Thunnus obesus falling within

the TARIC codes listed in Annex III;

(d) fishing: capture by a vessel with a view to landing, tranship-
ment or placing in a cage or by a producer using a tuna
trap net, of any fish belonging to one of the species listed
in Article 1;

(e) Community producer: natural persons or

legal entities
using the means of production for obtaining fishery
products with a view to first-stage marketing;

(f) importation: the customs procedures referred to in Article
4, points 16(a) to 16(f), of Council Regulation (EEC) No
2913/92 of 12 October 1992 establishing the Community
Customs Code (1).

(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regula-

tion (EC) No 2700/2000 (OJ L 311, 12.12.2000, p. 17).

CHAPTER 2

STATISTICAL MONITORING

Se c ti on 1

Requirements on Member States in respect of imports

Article 4

Statistical document for importation

1.
All quantities of fish belonging to one of the species
referred to in Article 1 imported from a third country into the
territory of the Community shall be accompanied by a statis-
tical document drawn up in accordance with the specimen
shown at:

— Annex IVa in the case of bluefin tuna,

— Annex V in the case of swordfish,

— Annex VI or Annex VII in the case of bigeye tuna.

2.

A statistical document shall:

(a) contain all

the information specified in the relevant
Annexes referred to in paragraph 1 and all the signatures
required by the appropriate operators, who shall be answer-
able for the declarations made therein;

(b) be validated:

(i) where the fishing has been carried out by a vessel: by a
civil servant duly approved by the flag State of the
vessel which carries out the fishing or by any other
person or institution duly approved by that State. In
the case of the third countries listed in Annex IVb, vali-
dation may be undertaken by an institution recognised
for that purpose by that country;

(ii) where the fishing has been carried out using a trap net:
by a civil servant duly approved by the State in whose
territorial waters the catch has been taken;

(iii) in the case of swordfish, bluefin tuna and bigeye tuna
caught by a vessel operating under a charter agree-
ment: by a civil servant or any other person or institu-
tion duly approved by the exporting State;

(iv) in the case of bigeye tuna caught by one of the vessels
listed in Annexes VIIIa and VIIIb: by a Japanese or
Taiwanese government official or by any other person
duly approved for that purpose by the Governments of
those countries.

3.
The statistical document shall be delivered to the compe-
tent authorities of the Member State in which the product is
imported.

4.
The Member States shall ensure that their customs autho-
rities or other competent official agents request and examine all
documents, including the statistical document, for imports of
fish belonging to one of the species referred to in Article 1.

Those authorities may also examine the content of any cargo
in order to verify the accuracy of the information contained in
those documents.

5.
The importation of fish belonging to one of the species
referred to in Article 1 shall be prohibited where the cargo
concerned is not accompanied by the statistical document for
the relevant importation, validated and completed in accor-
dance with paragraphs 1 and 2.

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S e c ti on 2

Se c ti on 3

Requirements on Member States in respect of exports

Requirements on Member States in respect of re-exports

Article 5

Statistical document for exportation

1.
All quantities of fish belonging to one of the species
referred to in Article 1 caught by a Community vessel or taken
by a Community producer and exported to a third country
shall be accompanied by a statistical document drawn up in
accordance with the specimen shown at:

— Annex IVa in the case of bluefin tuna;

— Annex V in the case of swordfish;

— Annex VI or Annex VII in the case of bigeye tuna.

2.

A statistical document shall:

(a) contain all

the information specified in the relevant
Annexes referred to in paragraph 1 and all the signatures
required by the appropriate operators, who shall be answer-
able for the declarations made therein;

(b) be validated by:

(i) the competent authorities of the flag Member State, or

(ii) the competent authorities of another Member State in
which the products are landed, provided the corre-
sponding quantities are exported outside the Commu-
nity from the territory of that Member State. The latter
shall transmit a copy of the validated statistical docu-
ment to the flag Member State within two months.

3.
The Member States shall ensure that their customs autho-
rities or other competent official agents request and examine all
documents, including the statistical document, for exports of all
fish belonging to one of the species referred to in Article 1.

These authorities may also examine the content of any cargo in
order to verify the accuracy of the information contained in
those documents.

Each Member State shall send the Commission the infor-
4.
mation concerning its competent authorities referred to in
paragraph 2(b). The Commission shall forward this information
to the other Member States.

5.
The export of fish belonging to one of the species referred
to in Article 1 shall be prohibited where the load concerned is
not accompanied by the statistical document for the relevant
export, validated and completed in accordance with paragraphs
1 and 2.

Article 6

Re-export certificates

1.
A re-export certificate shall accompany all quantities of
fish belonging to one of the species referred to in Article 1
which are:

(a) re-exported from the Community to a third country

following importation into the Community; or

(b) imported into the territory of the Community from a third
third

country after having been re-exported by that
country.

Re-export certificates shall be drawn up in accordance with the
specimen shown at:

(a) Annex IX in the case of bluefin tuna;

(b) Annex X in the case of swordfish;

(c) Annex XI or Annex XII in the case of bigeye tuna.

2.

Re-export certificates shall:

(a) contain all

the information specified in the relevant
Annexes referred to in the second subparagraph of para-
graph 1 and all the signatures required by the appropriate
operators, who shall be answerable for the declarations
made therein;

(b) be validated by the competent authorities of the Member
State from which the re-export is to take place or the
competent authorities of the third country from which the
re-export has taken place;

(c) be accompanied by a duly validated copy of the statistical

document for importation referred to in Article 4.

3. Member States which authenticate re-export certificates in
accordance with paragraph 2(b) shall require re-exporters to
provide the necessary documents certifying that the cargo of
fish re-exported corresponds to the cargo of fish originally
imported. The Member States shall provide the flag State or the
exporting State, upon request, with a copy of the certificate.

4.
The re-export certificate shall be delivered to the compe-
tent authorities of the Member State of importation or re-
exportation.

5.
The Member States shall ensure that their customs autho-
rities or other competent official agents request and examine all
documents, including the re-export certificate, for the re-export
of fish belonging to one of the species referred to in Article 1.

These authorities may also examine the content of any cargo in
order to verify the accuracy of the information contained in
those documents.

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The re-export and import following the re-export of fish
6.
belonging to one of the species referred to in Article 1 shall be
prohibited where the cargo concerned is not accompanied by
the corresponding certificate, validated and completed in accor-
dance with paragraphs 1 and 2.

(b) the quantities of each commercial presentation of

fish
belonging to one of the species referred to in Article 1
imported into their territory after having been re-exported
by a third country, broken down by third country of origin,
place of capture and type of fishing gear used.

Article 7

Repeated re-exports

1.
All quantities of fish belonging to one of the species
referred to in Article 1, re-exported after having already been
re-exported, shall be accompanied by a new re-export certifi-
cate, validated and completed in accordance with Article 6(1)
and (2).

Article 6(3), (4), (5) and (6) shall apply.

2.
The new certificate referred to in paragraph 1 shall be
accompanied by a certified copy of the preceding, duly vali-
dated, re-export certificates which accompanied the cargo.

CHAPTER 3

TRANSMISSION OF DATA

Article 8

Information concerning validation

Each Member State shall forward to the Commission not later
than 30 days following the entry into force of this Regulation a
specimen of its statistical documents and re-export certificates.
It shall also forward to the Commission all necessary informa-
tion concerning validation and, in good time, any changes to
those documents and certificates, in accordance with:

(a) the ICCAT specimen shown at Annex XIII for bluefin tuna,

swordfish and bigeye tuna;

(b) the IOTC specimen shown at Annex XIV for bigeye tuna.

Article 9

Transmission of data

1. Member States which import, export or re-export fish
belonging to one of the species referred to in Article 1 shall
forward to the Commission by computer transmission before
15 March for the period from 1 July to 31 December of the
preceding year and before 15 September for the period from 1
January to 30 June of the current year, a report on:

(a) the quantities of each commercial presentation of

fish
belonging to one of the species referred to in Article 1
imported into their territory, broken down by third country
of origin, place of catch and type of fishing gear used;

The report referred to in paragraph 1 shall contain the

2.
information specified in:

(a) Annex XV for bluefin tuna;

(b) Annex XVI for swordfish;

(c) Annex XVII or Annex XVIII for bigeye tuna.

Article 10

National report

Member States which export
fish belonging to one of the
species referred to in Article 1 shall check that the information
on imports transmitted by the Commission corresponds to
their own information. They shall inform the Commission of
the outcome of such cross-checks in the national
report
referred to in Article 9 of Council Regulation (EC) No 1936/
2001 of 27 September 2001 laying down control measures
applicable to fishing for certain stocks of highly migratory
fish (1).

CHAPTER 4

FINAL PROVISIONS

Article 11

Amendment of Annexes

The Annexes hereto may be amended in accordance with the
ICCAT and the IOTC conservation measures which become
binding on the Community and in accordance with the proce-
dure laid down in Article 12(2).

Article 12

Committee procedure

1.
The Commission shall be assisted by the Management
Committee for Fisheries and Aquaculture established by Article
30 of Council Regulation (EC) No 2371/2002 of 20 December
2002 on the conservation and sustainable exploitation of fish-
eries resources under the Common Fisheries Policy (2).

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

3.

The Committee shall adopt its rules of procedure.

(1) OJ L 263, 3.10.2001, p. 1.
(2) OJ L 358, 31.12.2002, p. 59.

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Article 13

Repeal

1.

Regulation (EC) No 858/94 is hereby repealed.

References to the repealed Regulation shall be understood
2.
as references to this Regulation and are to be read in accor-
dance with the table of equivalence shown in Annex XIX.

Article 14

Entry into force

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

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

Done at Luxembourg, 8 April 2003.

For the Council

The President

G. DRYS

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ANNEX I

PRODUCTS REFERRED TO IN ARTICLE 3(a)

Without prejudice to the rules for the interpretation of the Combined Nomenclature, the wording of the description of
the goods is regarded as being for information purposes only. In the context of this Annex, the TARIC codes will apply,
as they exist when this Regulation is adopted.

TARIC code

0301 99 90 60
0302 35 10 00
0302 35 90 00
0303 45 11 00
0303 45 13 00
0303 45 19 00
0303 45 90 00
0304 10 38 60
0304 10 98 50
0304 20 45 10
0304 90 97 70
0305 20 00 18
0305 20 00 74
0305 20 00 75
0305 30 90 30
0305 49 80 10
0305 59 90 40
0305 69 90 30
1604 14 11 20
1604 14 11 25
1604 14 16 20
1604 14 16 25
1604 14 18 20
1604 14 18 25
1604 20 70 30
1604 20 70 35

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ANNEX II

PRODUCTS REFERRED TO IN ARTICLE 3(b)

Without prejudice to the rules for the interpretation of the Combined Nomenclature, the wording of the description of
the goods is regarded as being for information purposes only. In the context of this Annex, the TARIC codes will apply,
as they exist when this Regulation is adopted.

TARIC code

0301 99 90 70
0302 69 87 00
0303 79 87 00
0304 10 38 70
0304 10 98 55
0304 20 87 00
0304 90 65 00
0305 20 00 19
0305 20 00 76
0305 20 00 77
0305 30 90 40
0305 49 80 20
0305 59 90 50
0305 69 90 50
1604 19 91 30
1604 19 98 20
1604 20 90 60

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ANNEX III

PRODUCTS REFERRED TO IN ARTICLE 3(c)

Without prejudice to the rules for the interpretation of the Combined Nomenclature, the wording of the description of
the goods is regarded as being for information purposes only. In the context of this Annex, the TARIC codes will apply,
as they exist when this Regulation is adopted.

TARIC code

0301 99 90 75
0302 34 10 00
0302 34 90 00
0303 44 11 00
0303 44 13 00
0303 44 19 00
0303 44 90 00
0304 10 38 75
0304 10 98 65
0304 20 45 20
0304 90 97 75
0305 20 00 21
0305 20 00 78
0305 20 00 79
0305 30 90 75
0305 49 80 60
0305 59 90 45
0305 69 90 40
1604 14 11 30
1604 14 11 35
1604 14 16 30
1604 14 16 35
1604 14 18 30
1604 14 18 35
1604 20 70 40
1604 20 70 45

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ANNEX IVa

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ANNEX IVb

Third countries recognised by ICCAT for which the statistical document can be validated by an institution authorised for
this purpose, for example a chamber of commerce: Angola, Brazil, Canada, Cape Verde, China, Côte d'Ivoire, Croatia,
Equatorial Guinea, Gabon, Ghana, Guinea-Bissau, Guinea-Conakry, Japan, Korea, Libya, Morocco, Russia, São Tomé and
Príncipe, South Africa, Tunisia, Uruguay, USA, Venezuela.

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ANNEX V

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ANNEX VI

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ANNEX VII

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ANNEX VIIIa

List of vessels participating in the Japanese breaking-up programme

No

Year of
breaking
up

Flag State

Name of vessel

Tonnage

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

2002

BOLIVIA

YING CHIN HSIANG 66

2002

CAMBODIA

HUA CHENG 707

2002

CAMBODIA

HUA CHUNG 808

2002

PHILIPPINES

CHEN FA 736

2002

BOLIVIA

2002

BELIZE

2003

BELIZE

ZHONG I 85

LIEN TAI

JEFFREY 131

2003

EQUATORIAL GUINEA

WIN FAR 236

2003

EQUATORIAL GUINEA

WIN FAR 266

2003

BOLIVIA

CHIN I MING

2003

BOLIVIA

CHIN CHANG MING

2003

BOLIVIA

GOLDEN RICH
(previously: ZHONG XIN
26)

2003

BOLIVIA

CHI MAN

2003

BOLIVIA

HUNG YU 112

2003

EQUATORIAL GUINEA

CHEN CHIANG 1

379

606

549

636

437

491

597

672

535

663

578

520

556

690

578

(At 1 November 2001)

Year of
construc-
tion

Fishing area

1979

INDIAN OCEAN

1980

INDIAN OCEAN

1980

INDIAN OCEAN

1979

ATLANTIC

1976

PACIFIC

1979

ATLANTIC

1980

PACIFIC

1978

INDIAN OCEAN

1979

INDIAN OCEAN

1979

ATLANTIC

1980

ATLANTIC

1974

ATLANTIC

1982

INDIAN OCEAN

1981

INDIAN OCEAN

1988

INDIAN OCEAN

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List of vessels flying the Taiwanese flag participating in the re-registration programme

ANNEX VIIIb

No

Flag State

Name of vessel

Tonnage

Fishing area

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

EQUATORIAL GUINEA

YIH SHUEN NO 212

SEYCHELLES

SEYCHELLES

VANUATU

BELIZE

SEYGEM

SEYSTAR

NINE LUCKY No 1

WIN FAR No 868

EQUATORIAL GUINEA

WEI CHING

BELIZE

BELIZE

JUI YING No 666

CHEN FA No 1

SEYCHELLES

SEYPERAL

BELIZE

BELIZE

BELIZE

BELIZE

BELIZE

BELIZE

BELIZE

BELIZE

BELIZE

BELIZE

BELIZE

PING YUAN No 201

LIAN HORNG No 777

FONG KU No 36

SHYE SIN No 1

HUNG YU No 212

HWA CHIN No 202

SUNG HUI

HSIEN HUA 106

HSIEN HUA 107

FU YUAN No 66

LONG CHANG No 3

470

573

573

508

498

498

498

550

680

706

499

521

598

470

470

573

625

625

683

589

INDIAN OCEAN

PACIFIC

PACIFIC

PACIFIC

PACIFIC

ATLANTIC

PACIFIC

INDIAN OCEAN

PACIFIC

INDIAN OCEAN

PACIFIC

PACIFIC

O. INDIAN OCEAN

ATLANTIC

ATLANTIC

ATLANTIC

PACIFIC

PACIFIC

PACIFIC

ATLANTIC

Year of
construc-
tion

1999

1997

1998

1998

1999

1997

1997

1997

1998

1996

1998

1997

1997

1997

1997

1998

2000

2000

1998

1997

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ANNEX IX

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ANNEX X

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ANNEX XI

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ANNEX XII

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ANNEX XIII

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ANNEX XIV

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ANNEX XV

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ANNEX XVI

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ANNEX XVII

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ANNEX XVIII

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ANNEX XIX

Regulation (EC) No 858/94

This Regulation

— Article 1

— Article 2

— Article 2a

— Article 3(1), (2) and (3)

— Article 3(4)

— Article 3a

— Article 4

— Article 5

— Annex I

— Annex II

— Annex III

— Article 2

— Article 4

— Article 5

— Article 4

— Article 6

— Article 6

—

— Article 9

— Annex IVa

— Annex IVb

— Annex IX