Amended proposal for a Council Regulation amending Regulation (EC) No 973/2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2003-07-22
Institutions: European Commission
Subjects: by-catch, conservation of fish stocks, fishing area, fishing controls, fishing regulations

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22.7.2003
COM(2003) 421 final

2002/0189 (CNS)

Amended proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 973/2001 laying down certain technical measures for the
conservation of certain stocks of highly migratory species

(presented by the Commission pursuant to Article 250 (2)
of the EC Treaty)

EXPLANATORY MEMORANDUM

The European Community participates in a number ofregional fisheries organisations (RFOs)
whichthat provide a framework for regionalcooperation on theconservation and management
of fish resources.

Since 14 November 1997 the Communityit has been a contracting party to the  International
Convention  for  the  Conservation  of  Atlantic  Tunas  (hereinafter  called  the  ICCAT
Convention).

It  also  approved  the  Agreement  establishing  the  Indian  Ocean  Tuna  Commission
(IOTC).

The  technical  measures  adopted  by  the  International  Commission  for  the  Conservation  of
Atlantic  Tunas  (ICCAT)  and  by  IOTC  were  beentransposed  in  Council  Regulation  (EC)
No 973/2001 of 14 May 2001 laying down certain technical measures for the conservation of
certain stocks of highly migratory species.

At its 17th ordinary meeting, the ICCAT adopted new technical measures for certain stocks of
highly migratory species in the Atlantic and the Mediterranean.

The purpose of this proposal is thus to transpose these recommendations into Community law
by amending Regulation (EC) No 973/2001.

In 2001 ICCAT adopted further technical measures for certain highly migratory stocks
in the Atlantic and Mediterranean but the Council has not yet adopted the proposal1 for
a Regulation amending Council Regulation (EC) No 973/2001 in order to transpose these
into Community law.

At  its  13th  special  meeting  at  Bilbao  from  28  October  to  4  November  2002  ICCAT
adopted  further  technical  measures  for  certain  highly  migratory  Atlantic  and
Mediterranean stocks that also need to be transposed into Community law.

The  attached  amended  proposal  submitted  by  the  Commission  under  Treaty
Article 250(2) therefore amends Regulation (EC) No 973/2001 in order to transpose the
2001 and 2002 recommendations into Community law.

The Commission proposes that the Council adopt this proposalit.

1

COM(2002) 420 final.

2

                                                
2002/0189 (CNS)

Amended proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 973/2001 laying down certain technical measures for the
conservation of certain stocks of highly migratory species

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 Commission2,

Having regard to the opinion of the European Parliament3,

Whereas:

(1)

(2)

The  International  Commission  for  the  Conservation  of  Atlantic  Tunas  (hereinafter
called theICCAT below) and the Indian Ocean Tuna Commission ("IOTC" below)
adopted  has  adopteda  number  of  recommendations  on  technical  measures,  which
were have beentransposed into Community law by Regulation (EC) No 973/20014.

ICCAT in 2001 aAt its 17th ordinary meeting in 2001, the ICCATand in 2002 at its
13th special meeting recommended certain new technical measures for certain stocks
ofhighly  migratoryspecies  in  the  Atlantic  and  Mediterranean  stocks.  Since  these
recommendations are binding on the Community, they should be implemented.

(3)

Regulation (EC) No 973/2001 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 973/2001 is amended as follows:

1.

In Article 3(4) the words "until 31 December 2002" are deleted.

2

3

4

OJ C …, …, p. …
OJ C …, …, p. …
OJ L 137, 19.5.2001, p. 1.

3

                                                
2.            Article 5(1) is replaced by:

"1.     Fishing  for bluefin tuna with encircling  nets  in the  Mediterranean  Sea  is

prohibited from 16 July to 15 August each year."

3.            The following Articles 5a and 5b are added:

"Article 5a

1.       Member  States  shall  each  year  draw  up  a  national  scientific  observer
programme  covering  at  least  10 %  of  the  vessels  flying  their  flag  that
during that year transfer bluefin tuna for fattening.

2.       Member States shall design the programme to identify:

– 

– 

– 

total quantities sent for fattening;

the sizes of the fish that are caged;

date, time and catch zone for bluefin tuna that are caged and fishing
method used.

3.       Member  States  shall  draw  up  a  sampling  plan  for  the  purposes  of
application  of  paragraphs  1  and  2  that  states  the  number  of  vessels
involved  and  the  number  of  observers  and  send  it  to  the  Commission
before 1 April each year.

4.       Member States shall appoint scientific observers and place them on board
the fishing vessels assigned to the programmes so that they can implement
the sampling plan indicated in paragraph 3.

5.       Masters  of  Community  vessels  selected  to  receive  observers  shall  extend
courteous treatment to them and cooperate in their tasks on board.

6.       Before  1  July  each  year  Member  States  shall  send  the  Commission  a
report on the findings of the programme as indicated in paragraph 2 that
was executed in the previous year.

Article 5b

1.       Member States shall execute in 2003 and 2004 a plan to reduce the catches
of  juvenile  bluefin  tuna  in  the  Mediterranean  and  ensure  respect  for  the
minimum bluefin tuna size indicated in Article 6.

2.       Member States shall execute in 2003 and 2004  a  scientific  programme  to
identify the various fisheries taking bluefin tuna and the size composition
of  their  respective  catches.  Their  estimates  shall  embrace  the  past  data
available.

3.       Before  15  September  each  year  Member  States  shall  notify  to  the
Commission the action they have taken under paragraphs 1 and 2 and the
outcome of execution of the plan."

4

4.            In Article 7(1) the second subparagraph in replaced by the following:

"The  previous  subparagraph  shall  not  apply  to  accidentally  taken  fish  of  the
species listed in Annex IV up to a limit of 15 % of the number of individuals in
the quantities landed. For bluefin tuna this tolerance limit is set at 10 % of the
number  of  fish  in  or  10 %  of  the  weight  of  each  landing  of  total  bluefin  tuna
catches  and  does  not  apply  to  fish  caught  in  the  Mediterranean  Sea  weighing
less than 4.8 kg or in the Atlantic weighing less than 3.2 kg."

2.5.

3.6.

Paragraphs 5 and 6 of Article 9 are deleted.

Article 10(5) is replaced by the following:

"Before 15 May each year, each Member States shall transmit to the Commission a
list of the vessels flying their flag and fishing for albacore in the North Atlantic. The
Commission  shall  forward  this  information  to  the  Secretariat  of  ICCAT  before
31 May each year."

4.            The following Article is inserted after Article 10:

“Article 10a

1.       Before 15 July each year, the Member States shall transmit to the Commission,
in  electronic  form,  a  list  of  all  the  vessels  flying  their  flag  and  registered  on
their territory with a length overall of more than 24metres which hold licences
to fish tuna and tuna like fish in the Convention area for the current year. The
Commission  shall  forward  this  information  to  the  Secretariat  of  the  ICCAT
before 31 August each year.”

2.       The list referred to in paragraph 1 shall contain the following information:

(a)      the internal number of the vessel, as defined in Annex I to Commission

Regulation (EC) No 2090/985;

(b)     name and registration number of the vessel;

(c)      previous flag(s), if any;

(d)     international call sign, where applicable;

(e)      vessel type, length and GRT;

(f)      name and address of the owner(s), operator(s) and/or charterer(s).”

5             OJ L 266, 1.10.1998, p. 27

5

                                                
5.7.

The following Article 12a is insertedaddedafter Article 12:

"Article 12a

1. Member  States  shall  do  their  utmost  to  encourage  the  release  of  live  sharks

caught accidentally, in particular juveniles.

2. Member States shall encourage the reduction of discards of sharks."

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

Article 2

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

Done at Brussels,

For the Council
The President

6