Proposal for a Council Regulation prohibiting imports of Atlantic blue-fin tuna (Thunnus thynnus) originating in Equatorial Guinea and Sierra Leone and repealing Regulation (EC) No 2092/2000
Date: 2004-02-20
Institutions: European Commission
Subjects: Atlantic Ocean, Equatorial Guinea, Sierra Leone, import restriction, originating product, sea fish

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.2.2004 
COM(2004) 121 final 

2004/0042 (ACC) 

Proposal for a 

COUNCIL REGULATION  

prohibiting imports of Atlantic blue-fin tuna (Thunnus thynnus) originating in 
Equatorial Guinea and Sierra Leone and repealing Regulation (EC) No 2092/2000 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
  
EXPLANATORY MEMORANDUM 

The International Commission for the Conservation of Atlantic Tunas (ICCAT) is responsible 
for the conservation and management of tunas and tuna-like species in the Atlantic Ocean and 
adjacent seas. It enforces the proper management of tuna stocks by imposing trade sanctions 
on any party that proves to be in breach of its measures. As a contracting party to ICCAT, the 
Community has to ensure that the organisation's recommendations concerning trade sanctions 
are transposed into Community law. 

On 28 September 2000 the Council adopted Regulation (EC) No 2092/2000 transposing into 
Community  law  the  ICCAT  recommendation  on  the  prohibition  of  imports  of  Atlantic 
blue-fin  tuna  originating  in  Belize,  Equatorial  Guinea  and  Honduras.  ICCAT  has  since 
adopted  further  recommendations  concerning  the  importation  of  Atlantic  blue-fin  tuna  from 
these three countries and others. Community law should therefore be adapted to take account 
of the latest recommendations, which are set out below. 

At  its  November  2001  general  meeting  ICCAT  adopted  a  recommendation  lifting,  as  of 
21 September 2002, the prohibition on imports by contracting parties of Atlantic blue-fin tuna 
in  any  form  from  Honduras  following  the  country's  decision  to  cooperate  with  ICCAT  and 
join the organisation. 

At its November 2002 extraordinary meeting ICCAT adopted a recommendation prohibiting, 
as of 3 June 2003, the import by its contracting parties of Atlantic blue-fin tuna in any form 
from Sierra Leone. This recommendation was upheld when ICCAT met in November 2003 

At  its  November  2003  meeting  ICCAT  adopted  a  recommendation  lifting,  as  of  1 January 
2004, the prohibition on imports by contracting parties of Atlantic blue-fin tuna in any form 
from  Belize  following  the  country's  initiation  of  a  reform  programme  aimed  at  strict 
compliance with ICCAT’s conservation and management measures.  

The import ban on Equatorial Guinea was upheld at all three meetings. 

The European Community has been a contracting party to ICCAT since 14 November 1997, 
and, under the common commercial policy, these import prohibitions have to be implemented 
at  Community  level.  As  with  the  adoption  of  Council  Regulation  (EC)  No  2092/2000,  the 
Community considers these measures to be fully compatible both with its WTO obligations 
under Article XX(g) of GATT-1994, which allows for trade measures to protect exhaustible 
resources, and, as regards Equatorial Guinea and Sierra Leone, with Article 2(2) of Annex V 
to the ACP-EC Partnership Agreement signed in Cotonou. 

In view of the various ICCAT recommendations, it is proposed that Council Regulation (EC) 
No 2092/2000 be repealed and replaced by the proposed Regulation. 

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2004/0042 (ACC) 

Proposal for a 

COUNCIL REGULATION  

prohibiting imports of Atlantic blue-fin tuna (Thunnus thynnus) originating in 
Equatorial Guinea and Sierra Leone and repealing Regulation (EC) No 2092/2000 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
133 thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Fishery resources, which are an exhaustible natural resource, must be protected in the 
interests of biological balances and global food security. 

In  1994  the  International  Commission  for  the  Conservation  of  Atlantic  Tunas 
(ICCAT), to which the European Community is a contracting party, adopted an action 
plan  to  ensure  the  effectiveness  of  its  conservation  programme  for  Atlantic  blue-fin 
tuna. 

The  stocks  concerned  cannot  be  managed  effectively  by  the  ICCAT  contracting 
parties, whose fishermen are obliged to reduce their catches of Atlantic blue-fin tuna, 
unless all non-contracting parties fishing Atlantic blue-fin tuna cooperate with ICCAT 
and comply with its conservation and management measures. 

ICCAT has identified Equatorial Guinea and Sierra Leone as countries whose vessels 
fish  Atlantic  blue-fin  tuna  in  a  manner  which  diminishes  the  effectiveness  of  the 
organisation's  tuna  conservation  measures,  substantiating  its  findings  with  data 
concerning catches, trade and the observation of vessels. 

Imports  of  Atlantic  blue-fin  tuna  originating  in  Belize,  Equatorial  Guinea  and 
Honduras are currently prohibited by Regulation (EC) No 2092/2000.1  

ICCAT  has  taken  note  of  the  strengthening  of  cooperation  with  Honduras  for  the 
conservation of Atlantic blue-fin tuna. At its 2001 annual meeting it recommended the 
lifting of the prohibition of imports of Atlantic blue-fin tuna in any form imposed by 
the contracting parties on Honduras. 

(7) 

ICCAT has taken note of the progress of cooperation with Belize for the conservation 
of Atlantic blue-fin tuna. At its 2003 annual meeting it recommended the lifting, as of 

1  

OJ L 249, 4.10.2000, p. 1. 

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1 January 2004,  of  the  prohibition  of  imports  of  Atlantic  blue-fin  tuna  in  any  form 
imposed by the contracting parties on Belize. 

(8) 

(9) 

ICCAT's  attempts  to  encourage  Equatorial  Guinea  and  Sierra  Leone  to  comply  with 
measures for the conservation and management of Atlantic blue-fin tuna have been to 
no avail. 

ICCAT has recommended its contracting parties to take appropriate steps to prohibit 
imports  of  Atlantic  blue-fin  tuna  products  in  any  form  from  Sierra  Leone  and  to 
continue  prohibiting  such  imports  from  Equatorial  Guinea.  These  measures  will  be 
lifted  as  soon  as  it  is  established  that  the  countries  in  question  have  brought  their 
fishing practices into line with ICCAT's measures. These measures should therefore be 
implemented by the Community, which has sole competence in this matter. 

(10)  For the sake of transparency, Regulation (EC) No 2092/2000 should be repealed and 

replaced by this Regulation. 

(11)  These  measures  are  compatible  with  the  Community's  obligations  under  other 

international agreements, 

HAS ADOPTED THIS REGULATION: 

For the purposes of this Regulation, “importation” means the customs procedures referred to 
in Article 4(15)(a), (15)(b) and (16)(a) to (16)(f) of Council Regulation (EEC) No 2913/92.2 

Article 1 

Article 2 

1. 

2. 

The  importation  into  the  Community  of  Atlantic  blue-fin  tuna  (Thunnus  thynnus) 
originating  in  Equatorial  Guinea  and  Sierra  Leone  and  falling  within  CN  codes  ex 
0301 99 90, 0302 35 00, 0303 45 00, ex 0304 10 38, ex 0304 10 98, ex 0304 20 45, 
ex 0304 90 97, ex 0305 20 00, ex 0305 30 90, ex 0305 49 80, ex 0305 59 80 and ex 
0305 69 80 is prohibited. 

The  importation  of  any  processed  product  derived  from  the  Atlantic  blue-fin  tuna 
referred to in paragraph 1 and falling within codes ex 1604 14 11, ex 1604 14 16 and 
ex 1604 14 18 and ex 1604 20 70 is prohibited. 

Article 3 

This  Regulation  shall  not  apply  to  quantities  of  the  products  referred  to  in  Article  2  and 
originating in Sierra Leone which can be shown to the satisfaction of the competent national 
authorities to have been under way to Community territory on the date of its entry into force 
and which are released for free circulation no later than 14 days after that date. 

2 

OJ L 302, 19.10.1992, p. 1. 

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Regulation (EC) No 2092/2000 is repealed. 

Article 4 

Article 5 

This Regulation shall enter into force on the seventh 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 Brussels,  

For the Council 
The President 

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