Council Regulation (EC) No 1185/2003 of 26 June 2003 on the removal of fins of sharks on board vessels
Date: 2003-06-26
Institutions: Council of the European Union
Subjects: common fisheries policy, conservation of fish stocks, fish product, fishing permit, fishing regulations, fishing rights, sea fish

4.7.2003

EN

Official Journal of the European Union

L 167/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1185/2003

of 26 June 2003

on the removal of fins of sharks on board vessels

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)

According to Council Regulation (EC) No 2371/2002 of
20 December 2002 on the conservation and sustainable
exploitation of fisheries resources under the Common
Fisheries Policy (3), the Common Fisheries Policy shall
that
ensure exploitation of
provides sustainable economic, environmental and social
conditions, and the Council is to establish Community
measures governing access to waters and resources and
the sustainable pursuit of fishing activities.

living aquatic resources

Fish belonging to the taxon Elasmobranchii, which
includes sharks, skates, rays and similar species are
generally very vulnerable to exploitation due to their
life-cycle characteristics. Most of these species are often
caught as by-catch in Community fishing activities
directed to other more valuable species.

Current scientific knowledge, generally based on the
examination of catch rates, indicates that many stocks of
sharks are seriously under threat.

Until more is known about the population dynamics of
sharks and their response to exploitation, which would
allow the drafting of well-tailored and comprehensive
management plans, any measure preventing the develop-
ment of unsustainable practices or leading to decreased
exploitation of sharks will have positive effects on their
conservation.

(5)

The practice of
‘shark finning’, whereby the fins are
removed from sharks, with the remainder of the shark
being discarded at sea, may contribute to the excessive

(6)

(7)

(8)

(9)

mortality of sharks to such an extent that many stocks
of sharks are depleted, and their future sustainability
may be endangered.

Measures to restrict or prevent the further development
of the practice of shark finning are urgently required,
and the removal of shark fins on board vessels should
therefore be prohibited. In view of the practical difficul-
ties involved in the identification of species based on
removed fins, this prohibition should apply to all Elas-
mobranchii, except for the removal of ray wings.

However, the removal of fins from dead sharks on board
may be allowed if the removal aims at a more efficient
use of all shark parts by the separate processing on
board of fins and of the remaining parts of the sharks.
In this case, the flag Member State should issue and
manage, with associated conditions, a special
fishing
permit in accordance with Council Regulation (EC) No
1627/94 of 27 June 1994 laying down general provi-
sions concerning special fishing permits (4).

In order to ensure that all the remaining parts of sharks
are kept on board, after the removal of fins, masters of
vessels which hold a valid special fishing permit should
keep records of the amounts of shark fins and of the
remaining parts of
evisceration and
beheading. Such records should be kept in the logbook
as provided for by Council Regulation (EEC) No 2847/
93 of 12 October 1993 establishing a control system
applicable to the common fisheries policy (5), or in a
special register as appropriate.

sharks

after

The problems resulting from the practice of shark
finning extend well beyond Community waters.
It is
appropriate that the Community shows equal commit-
ment towards stock conservation in all maritime waters.
This Regulation should therefore be applicable to all
Community vessels.

(1) OJ C 331 E, 31.12.2002, p. 121.
(2) Opinion delivered on 27 March 2003 (not yet published in the Offi-

cial Journal).

(3) OJ L 358, 31.12.2002, p. 59.

(4) OJ L 171, 6.7.1994, p. 7.
(5) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regula-

tion (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

L 167/2

EN

Official Journal of the European Union

4.7.2003

(10)

In accordance with the principle of proportionality, it is
necessary and appropriate for the achievement of the
basic objective of conservation of shark stocks to lay
down rules on the removal of shark fins on board
vessels. This Regulation does not go beyond what is
necessary in order to achieve the objectives pursued in
accordance with the third paragraph of Article 5 of the
Treaty,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

This Regulation shall apply to the removal of shark fins, reten-
tion on board, transhipment and landing of sharks or shark
fins:

1. by vessels in maritime waters under the sovereignty or the

jurisdiction of Member States;

2. by vessels flying the flag or registered in Member States in

other maritime waters.

Article 2

Definitions

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

1.

‘shark fins’ means any fins of sharks including caudal fins,
but excluding the pectoral fins of rays, which are a consti-
tuent part of raywings;

2.

‘shark’ means any fish of the taxon Elasmobranchii;

3.

‘special fishing permit’ means a prior fishing authorisation
issued and managed in accordance with Regulation (EC) No
1627/94.

Article 3

Prohibitions

It shall be prohibited to remove shark fins on board

1.
vessels, and to retain on board, tranship or land shark fins.

Article 4

Derogation and associated conditions

1.
By way of derogation from Article 3(1), and subject to
paragraphs 2, 3, 4 and 5 of this Article, it may be allowed to
remove shark fins from dead sharks on board and to retain on
board, tranship or land shark fins with regard to vessels which
hold a special fishing permit.

Such a special

2.
fishing permit shall only be issued to
fishing vessels where a capacity to use all parts of sharks has
been demonstrated and where the need for the separate proces-
sing on board of shark fins and the remaining parts of sharks
has been justified.

It shall be prohibited to discard at sea the remaining parts
3.
of sharks after removal of the shark fins, except those parts
resulting from basic processing operations, such as beheading,
gutting and skinning.

4.
The weight of the fins kept from the catch shall never
exceed the theoretical weight of the fins that would correspond
to the remaining parts of sharks retained on board, transhipped
or landed.

5.
For the purpose of controlling the application of para-
graph 4, the theoretical correspondence between weights of
fins and bodies shall be established by Member States, taking
into account the type of fishery, the species composition and
the type of processing and storage. In no case shall the theore-
tical weight of the fins exceed 5 % of the live weight of the
shark catch.

Article 5

Records

1. Masters of vessels which hold a valid special
fishing
permit shall keep records of the weight of shark fins and the
remaining parts of sharks retained on board, transhipped or
landed.

in the logbook established by
These records shall be kept
Article 6(1) of Regulation (EEC) No 2847/93, where applicable.
For those vessels not subject to Article 6(1) of that Regulation,
these records shall be kept in a special register to be provided
by the competent authority issuing the special fishing permit.

When the shark catch is not landed as a whole, masters of
vessels shall complete the logbook records with valid documen-
tation on landings, transhipments and sales of shark fins or
remaining parts of sharks.

2.
It shall be prohibited to purchase, offer for sale or sell
shark fins which have been removed on board, retained on
board, transhipped or landed in contravention of this Regula-
tion.

The Member States shall define the type of documentation
which is deemed valid for this purpose and check systemati-
cally the logbook records.

4.7.2003

EN

Official Journal of the European Union

L 167/3

In order to facilitate the control of landings by the port
2.
authorities and the documentation referred to in paragraph 1,
masters of vessels, or their representatives, who hold a valid
special fishing permit and who intend to land shark fins or
remaining parts of sharks outside Community ports, shall
the flag State and the competent
notify the authorities of
authorities of the State whose ports or landing facilities they
want to use, at least 72 hours before the estimated time of
arrival at the port of landing, of the catches retained on board,
the catches intended for landing and their estimated time of
arrival at the port.

Article 6

Reports and Review

1. Member States shall send the Commission, by 1 May at
the latest, a comprehensive annual report on the implementa-
tion of this Regulation during the previous year. The report
shall describe the monitoring of compliance of vessels with the
requirements of Articles 3, 4 and 5 and shall detail in particular
the number of special permits issued, the technical basis for

setting the theoretical correspondence between weights of fins
and bodies and the documentation considered valid for the
purposes of monitoring separate landings of fins and bodies.

2.
After the submission by Member States of their second
annual report, the Commission shall no later than 1 January
2006 report to the European Parliament and the Council on
the operation of this Regulation and the international develop-
ments in this field, and submit, if appropriate, any amendment
to this Regulation. Where the proposed amendments would
affect the theoretical correspondence between weights of fins
and bodies, these amendments shall be made in the light of the
advice of the Scientific, Technical and Economic Committee for
Fisheries.

Article 7

Entry into force

This Regulation shall enter
into force on the 60th day
following that of 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, 26 June 2003.

For the Council

The President

G. DRYS