Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources and repealing Regulations (EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999
Date: 2004-03-22
Institutions: Council of the European Union
Subjects: Antarctica, conservation of fish stocks, fishing area, fishing controls, international convention

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Official Journal of the European Union

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COUNCIL REGULATION (EC) No 601/2004

of 22 March 2004

laying down certain control measures applicable to fishing activities in the area covered by the
Convention on the conservation of Antarctic marine living resources and repealing Regulations
(EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999

THE COUNCIL OF THE EUROPEAN UNION,

(5)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

(4)

The Convention on the conservation of Antarctic marine
(Convention), was approved by the
living resources,
Community by Council Decision 81/691/EEC (2), and
entered into force in the Community on 21 May 1982.

The Convention provides a framework for
regional
cooperation in the conservation and management of
Antarctic marine living resources through the establish-
ment of a Commission for the conservation and manage-
ment of Antarctic marine living resources, hereinafter
(CCAMLR), and the adoption by the CCAMLR of conser-
vation measures which become binding on the
Contracting Parties.

The Community, as a Contracting Party to the Conven-
tion, should ensure that
the conservation measures
adopted by the CCAMLR are applied to Community
fishing vessels.

The measures concerned include numerous rules and
provisions for the control of fishing activities in the
Convention area which must be incorporated in Com-
munity law as special provisions within the meaning of
Article 1(3) of Council Regulation (EEC) No 2847/93 of
12 October 1993 establishing a control system applic-
able to the common fisheries policy (3), and supple-
menting the provisions thereof.

Some of those special provisions have been transposed
into Community law by Council Regulation (EEC) No
3943/90 of 19 December 1990 on the application of
the system of observation and inspection established
under Article XXIV of the Convention on the conserva-
tion of Antarctic marine living resources (4), by Council
Regulation (EC) No 66/98 of 18 December 1997 laying
down certain conservation and control measures applic-
able to fishing activities in the Antarctic (5), and by
Council Regulation (EC) No 1721/1999 of 29 July 1999
laying down certain control measures in respect of
vessels flying the flag of non-Contracting Parties to the
Convention on the conservation of Antarctic marine
living resources (6).

(6) With a view to implementing the new conservation
measures adopted by the CCAMLR, those Regulations
should be repealed and replaced by a single Regulation
bringing together the special provisions for the control
of fishing activities arising from the Community's obliga-
tions as a Contracting Party to the Convention.

(7)

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 (7),

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER AND DEFINITIONS

Article 1

Subject matter

1.

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

(1) Opinion delivered on 16.12.2003 (not yet published in the Official

Journal).

(2) OJ L 252, 5.9.1981, p. 26.
(3) OJ L 261, 20.10.1993, p.1. Regulation as last amended by Regu-

lation (EC) No 1954/2003 (OJ L 289, 7.11.2003, p. 1).

(4) OJ L 379, 31.12.1990, p. 45.
(5) OJ L 6, 10.1.1998, p.1. Regulation as last amended by Regulation

(EC) No 2742/1999 (OJ L 341, 31.12.1999, p. 1).

(6) OJ L 203, 3.8.1999, p. 14.
(7) OJ L 184, 17.7.1999, p. 23.

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(a) control measures applicable to fishing vessels flying the flag
of a Contracting Party to the Convention for the conserva-
tion of Antarctic marine living resources,
(Convention),
operating in the Convention area in waters located beyond
the limits of national jurisdictions;

(b) a system to promote compliance by vessels flying the flag
of a non-Contracting Party to the Convention with conser-
vation measures laid down by the Commission for the
resources,
conservation
(CCAMLR).

of Antarctic marine

living

This Regulation shall apply without prejudice to the
2.
provisions of the Convention and shall operate in furtherance
of its objectives and principles and the provisions of the final
act of the conference at which it was adopted.

Article 2

Definitions

(iii) catch and effort data from the two most recent
seasons in which fishing took place have never been
submitted to the CCAMLR;

(f) ‘exploratory fishery’: means a fishery that was previously
classified as a ‘new fishery’ as defined in paragraph (e). An
exploratory fishery shall continue to be classified as such
until sufficient information is available:

(i) to evaluate the distribution, abundance and population
of the target species, leading to an estimate of the fish-
ery's potential yield;

(ii) to review the fishery's potential impacts on dependent

and related species, and

(iii) to allow the CCAMLR's Scientific Committee to
formulate and provide advice on appropriate harvest
catch levels, as well as on effort levels and fishing gear
where appropriate;

(g) ‘CCAMLR inspector’:

a
Contracting Party to the Convention to implementing the
control system referred to in Article 1(1);

an inspector designated by

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

(a) ‘Convention area’: means the area of application of the

Convention as defined in Article 1 thereof;

(b) ‘Antarctic convergence’: means a line joining the following
points along parallels of latitude and meridians of longi-
tude: 50 °S, 0° — 50 °S, 30 °E — 45 °S, 30 °E — 45 °S,
80 °E — 55 °S, 80 °E — 55 °S, 150 °E — 60 °S, 150 °E —
60 °S, 50 °W — 50 °S, 50 °W — 50 °S, 0°;

(c) ‘Community fishing vessel’: means a fishing vessel flying
the flag of a Community Member State and registered in
the Community which takes and keeps on board marine
organisms taken from marine living resources in the
Convention area.

(d) ‘VMS system’: means a satellite-based vessel monitoring
system installed on board Community fishing vessels in
accordance with Article 3 of Regulation (EEC) No 2847/
93;

(e) ‘new fishery’: means a fishery for a species using a particu-
lar fishing method in a FAO Antarctic statistical subarea,
for which:

(i) information on distribution, abundance, population,
potential yield and stock identity from comprehensive
research/surveys or exploratory fishing have never
been submitted to the CCAMLR; or

(ii) catch and effort data have never been submitted to

the CCAMLR; or

(h) ‘CCAMLR system of

inspection’: means the document
bearing that name, adopted by the CCAMLR, concerning
the control and inspection at sea of vessels flying the flag
of a Contracting Party to the Convention;

(i) ‘non-Contracting Party vessel’: means a fishing vessel
which flies the flag of a non-Contracting Party to the
Convention and which has been sighted engaging in
fishing activities in the Convention area;

(j) ‘Contracting Party’: means a contracting party to the

Convention;

(k) ‘Contracting Party vessel’: means a fishing vessel which
flies the flag of a Contracting Party to the Convention;

(l) ‘sighting’: means any sighting of a vessel flying the flag of
a non-Contracting Party to the Convention by a vessel
flying the flag of a Contracting Party to the Convention
and operating in the Convention area, or by an aircraft
registered in a Contracting Party to the Convention, and
overflying the Convention area, or by a CCAMLR
inspector;

(m) ‘IUU activities’ means illegal, unregulated and unreported

fishing activities in the Convention area;

(n) ‘IUU vessel’: means any vessel engaged in illegal, unregu-
lated and unreported fishing activities in the Convention
area.

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ACCESS TO FISHING ACTIVITIES IN THE CONVENTION AREA

CHAPTER II

Article 3

Special fishing permit

Article 4

General rules of conduct

1.
Only Community fishing vessels holding a special fishing
permit issued by their flag Member State in accordance with
Regulation (EC) No 1627/94 (1) shall be authorised, in accord-
ance with the conditions laid down in the permit, to fish, retain
on board, tranship and land fishery resources from the Conven-
tion area.

2.
The Member States shall transmit to the Commission, by
computer transmission, within three days from the date of
issue of the permit referred to in paragraph 1, the following
information concerning the vessel covered by the permit:

(a) the name of the vessel concerned;

(b) the period for which it is authorised to fish in the Conven-
tion area, with the dates on which fishing activities start
and end;

(c) the fishing area or areas;

(d) the target species;

(e) the gear used.

transmit
The Commission shall
CCAMLR Secretariat without delay.

such information to the

3.
The information transmitted to the Commission by the
Member States shall include the internal fleet register number
as provided for in Article 1 of Commission Regulation (EC) No
2090/98 of 30 September 1998 concerning the fishing vessel
register of
the
home port and the names of the owner or charterer of the
vessel, and shall be accompanied by the notification that the
master of the vessel has been informed of the measures in force
for the area or areas where the vessel will be fishing in the
Convention area.

together with details of

the Community (2),

Paragraphs 1, 2 and 3 shall apply subject to the special

4.
provisions provided for in Articles 5, 6, 7 and 8.

5. Member States shall not issue a special fishing permit to
vessels intending to engage in longline fisheries in the Conven-
tion area that do not comply with the provisions of Article
8(3), second subparagraph, of Council Regulation (EC) No 600/
2004 of 22 March 2004 laying down certain technical
measures applicable to fishing activities in the area covered by
the Convention on the conservation of Antarctic marine living
resources (3).

6.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
37(2).

The special fishing permit referred to in Article 3, or an
1.
authenticated copy thereof, shall be carried on board fishing
vessels and shall be available at all times for inspection by a
CCAMLR inspector.

2.
Each Member State shall ensure that all Community
fishing vessels flying its flag notify it of their entry to and exit
from all ports, their entry to and exit from the Convention area
and their movements between FAO statistical subareas and
divisions.

3. Member States shall verify the information referred to in
paragraph 2 against data received through the VMS systems
operating on board Community fishing vessels. They shall
transmit such information to the Commission by computer
transmission within two days from the date of its receipt. The
Commission shall transmit the information without delay to
the CCAMLR Secretariat.

4.
In the event of a technical breakdown of the VMS system
on board a Community fishing vessel, the flag Member State
shall notify the CCAMLR as soon as possible, with a copy to
the Commission, of the name of the vessel, and the time, date
and position of the vessel when the VMS system ceased to
function. As soon as the VMS system is again operational the
flag Member State shall inform the CCAMLR thereof without
delay.

Article 5

Access to crab fisheries

The flag Member States shall notify the Commission of
1.
the intention of a Community fishing vessel to fish for crab in
FAO statistical subarea 48.3. Notification shall be made four
months in advance of the date set for the start of the fishery
include the internal fleet register number and the
and shall
research and fishing operations plan of the vessel concerned.

fishing permit upon receipt of

The Commission shall examine the notification, check
2.
it complies with the applicable rules and inform the
that
Member State of its findings. The Member State may issue the
special
the
Commission or within 10 working days from the date of notifi-
cation of
the findings. The Commission shall notify the
CCAMLR accordingly, at the latest three months in advance of
the date set for the start of the fishery.

the findings of

(1) OJ L 171, 6.7.1994, p. 7.
(2) OJ L 266, 1.10.1998, p. 27. Regulation repealed by Regulation (EC)

No 26/2004 (OJ L 5, 9.1.2004, p. 25).

(3) See page 1 of this Official Journal.

3.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
37(2).

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Article 6

Article 7

Access to new fisheries

Access to exploratory fisheries

1.
Fishing in a new fishery in the Convention area shall be
prohibited except where it has been authorised in accordance
with paragraphs 2 to 5.

1.
Exploratory fishery in the Convention area shall be
prohibited except where it has been authorised in accordance
with paragraphs 2 to 7.

2.
Only those vessels that are equipped and configured so
that they can comply with all relevant conservation measures
adopted by the CCAMLR shall be eligible to participate in a
new fishery. Vessels which appear on the CCAMLR IUU vessel
list referred to in Article 29 shall not be eligible to participate
in a new fishery.

The flag Member State shall notify the Commission not
3.
later than four months in advance of the annual meeting of the
CCAMLR of the intention of a Community fishing vessel to
develop a new fishery in the Convention area.

The notification shall be accompanied by as much of
following information as the Member State is able to provide:

the

(a) the nature of the proposed fishery, including target species,
methods of fishing, the proposed region and any minimum
level of catches required to develop a viable fishery;

(b) biological information from comprehensive research/survey
cruises, such as distribution, abundance, population data
and information on stock identity;

(c) details of dependent and associated species and the likeli-
hood of such species being affected in any way at all by the
proposed fishery;

(d) information from other fisheries in the region or similar
fisheries elsewhere that may assist in the evaluation of
potential yield.

The Commission shall

to the CCAMLR for
4.
consideration the information provided in accordance with
paragraph 3, together with any other relevant information at
its disposal.

transmit

5. Where the CCAMLR approves a new fishery, that fishery
shall be authorised:

(a) by the Commission in cases where the CCAMLR has not
adopted any conservation measure with regard to the new
fishery, or

(b) by the Council, acting by a qualified majority on a proposal

from the Commission, in all other cases.

6.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
37(2).

Only vessels that are equipped and configured so that
2.
they can comply with all
relevant conservation measures
adopted by the CCAMLR shall be eligible for participation in
an exploratory fishery.

Vessels which appear on the CCAMLR IUU vessel list referred
to in Article 29 shall not be eligible to participate in an
exploratory fishery.

3.
Each Member State participating in an exploratory fishery
or intending to authorise a vessel to participate in one shall
prepare a research and fishery operations plan which it shall
transmit directly to the CCAMLR before a date set by the
CCAMLR, with a copy to the Commission.

The plan shall contain as much of the following information as
the Member State is able to provide:

(a) a description of how the Member State's activities are to
comply with the data collection plan developed by the
CCAMLR Scientific Committee;

(b) the nature of

including target
the exploratory fishery,
species, methods of fishing, proposed region and maximum
catch levels proposed for the forthcoming season;

(c) biological

information from comprehensive research or
survey cruises, such as distribution, abundance, population
data, and information on stock identity;

(d) details of dependent and related species and the likelihood
of such species being adversely affected in any way at all by
the proposed fishery;

(e) information from other fisheries in the region or similar
fisheries elsewhere that may assist in the evaluation of
potential yield.

Each Member State participating in an exploratory fishery
4.
shall submit annually to the CCAMLR, with a copy to the
Commission, before the expiry of the deadline agreed within
the CCAMLR the data specified in the data collection plan
fishery
developed by the Scientific Committee
concerned.

the

for

Where the data specified in the data collection plan have not
been submitted to the CCAMLR for the most recent season in
which fishing took place, continued exploratory fishing by the
Member State which failed to submit its data shall be prohib-
ited until
the relevant data have been submitted to the
CCAMLR, with a copy to the Commission, and the CCAMLR
Scientific Committee has been given an opportunity to review
the data.

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Before a Member State authorises its vessels to participate
5.
in an exploratory fishery that
that
Member shall notify the CCAMLR not less than three months
in advance of the annual meeting of the CCAMLR. The noti-
fying Member State shall not authorise its vessels to participate
in the exploratory fishery until the conclusion of that meeting.

is already in progress,

6.
The name, type, size, registration number and radio call
sign of each vessel participating in the exploratory fishery shall
be notified directly by Member States to the CCAMLR Secre-
tariat, with a copy to the Commission, at least three months in
advance of the date of the beginning of each fishing voyage.

7.
Fishing capacity and effort shall be subject to a precau-
tionary limit set at a level not exceeding that necessary to
obtain the information specified in the data collection plan and
required to make the evaluations referred to in Article 2(f).

8.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
37(2).

Article 8

Access to scientific research

1. Member States whose vessels intend to conduct scientific
research where the estimated catch is expected to be less than
50 tonnes of finfish, including not more than 10 tonnes of
Dissostichus spp., and less than 0,1 % of a given catch limit for
krill, squid and crab, shall submit directly to the CCAMLR, with
a copy to the Commission, the following data:

(a) the name of the vessel concerned;

(b) its external identification mark;

(c) the division and subarea in which the research is to be

conducted;

(d) the estimated dates of entering and leaving the Convention

area;

(e) the purpose of the research;

(f) the fishing equipment likely to be used.

2.
The Community vessels referred to in paragraph 1 shall
be exempt from conservation measures relating to mesh size
regulations, prohibition of types of gear, closed areas, fishing
seasons and size limits, and reporting system requirements
other than those provided for in Article 9(6), and Article 16(1).

3. Member States whose vessels intend to conduct scientific
research where the estimated total catch is expected to be more
than 50 tonnes, or more than 10 tonnes of Dissostichus spp. or
more than 0,1 % of a given catch limit for krill, squid and crab,
shall submit to the CCAMLR for review, with a copy to the
Commission, a research programme in accordance with stan-
dardised guidelines and formats adopted by the CCAMLR's
Scientific Committee, at least six months in advance of the
planned starting date for the research. The planned fishing for
research purposes shall not proceed until the review process is
completed by the CCAMLR and its decision notified.

4. Member States shall report to the CCAMLR, with a copy
to the Commission, catch and effort data for each haul
resulting from any scientific research subject to paragraphs 1, 2
and 3. A summary of the results shall be provided by the
Member State to the CCAMLR, with a copy to the Commission,
within 180 days of the date of completion of the research. A
full report of the results of the research shall be provided to the
CCAMLR by the Member State, with a copy to the Commis-
sion, within 12 months of
the
research.

the date of completion of

Detailed rules for the application of this Article shall be
5.
adopted in accordance with the procedure laid down in Article
37(2).

CHAPTER III

DATA REPORTING SYSTEM

SECTION 1

(b) its external identification mark;

CATCH AND EFFORT REPORT

(c) the total catch of the relevant species;

Article 9

Catch and effort report

Community fishing vessels shall be subject to three catch
1.
and effort reporting systems corresponding to the reporting
periods as referred to in Articles 10, 11 and 12 for the different
species and the FAO statistical areas, subareas and divisions
concerned.

(d) the total number of days and hours fished;

(e) the catches of all species and by-catch species kept on

board during the reporting period;

(f) in the case of longline fisheries, the number of hooks.

The catch and effort report shall contain the following

2.
information for the period in question:

(a) the name of the vessel concerned;

3.
The masters of Community fishing vessels shall submit a
catch and effort report to the competent authorities of the flag
Member State at the latest within one day from the date of the
end of the relevant reporting period referred to in Articles 10,
11 and 12.

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The Member States shall notify the Commission, by
4.
computer transmission, at the latest within three days from the
date of the end of each reporting period, of the catch and effort
report transmitted by each fishing vessel flying their flag and
registered in the Community. Each catch and effort report shall
specify the reporting period of the catch concerned.

The Commission shall transmit to the CCAMLR, at the
the end of each
the catch and effort reports received in

5.
latest within five days from the date of
reporting period,
accordance with paragraph 3.

The catch and effort reporting systems shall apply to
6.
species taken for scientific research purposes, whenever the
catch within a given period exceeds five tonnes, except where
more specific regulations apply to the particular species.

7.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
37(2).

2.

This system shall apply to:

(a) the fisheries for Champsocephalus gunnari and Dissostichus
eleginoides and other deep-water species in FAO statistical
division 58.5.2;

(b) the exploratory fishery for the squid Martialia hyadesi

in

FAO statistical subarea 48.3;

(c) the fishery for the crab Paralomis spp.

(order Decapoda,
suborder Reptantia) in FAO statistical sub-area 48.3, other
than that operated during the first phase of the CCAMLR
exploratory fishery scheme for that species and subarea.

3.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
37(2).

Article 10

Five-day catch and effort reporting system

Article 12

Monthly catch and effort reporting system

For

1.
reporting system,
month.

the purposes of

the monthly catch and effort
the reporting period shall be a calendar

1.
For the purposes of the five-day catch and effort reporting
system, each calendar month shall be divided into six reporting
periods, designated by the letters A, B, C, D, E and F and
running from day one to day five, day six to day 10, day 11 to
day 15, day 16 to day 20, day 21 to day 25 and day 26 to the
last day of the month.

2.

This system shall apply to:

2.

This system shall apply for each fishing season to:

(a) the fishery for Electrona carlsbergi in FAO statistical subarea

48.3;

(a) the fishery for Champsocephalus gunnari

in FAO statistical

sub-area 48.3;

(b) the fishery for Euphausia superba in FAO statistical area 48

and in FAO statistical divisions 58.4.2 and 58.4.1.

(b) the fishery for Dissostichus eleginoides in FAO statistical sub-

areas 48.3 and 48.4;

3.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
37(2).

(c) the exploratory fisheries for Dissostichus eleginoides in all the
Convention Area, by fine-scale rectangles as defined in
Article 2(d) of Regulation (EC) No 600/2004.

Article 11

The 10-day catch and effort reporting system

1.
For the purposes of the 10-day catch and effort reporting
system, each calendar month shall be divided into three
reporting periods, designated by the letters A, B and C and
running from day one to day 10, day 11 to day 20 and day 21
to the last day of the month.

3.
Following notification by the CCAMLR of the closure of a
fishery in the event of failure to transmit the catch and effort
report referred to in this Article, the vessel or vessels concerned
shall cease operating immediately in the fishery in question and
shall be authorised to resume fishing only where the report or,
as appropriate, an explanation of the technical difficulties justi-
fying the failure to present a report has been sent to the
CCAMLR.

4.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
37(2).

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SECTION 2

MONTHLY FINE-SCALE DATA REPORTING SYSTEMS FOR
TRAWL, LONGLINE AND POT FISHERIES

to in Article 13, representative samples of length composition
measurements of the target species and by-catch species taken
in the fishery.

Article 13

Monthly fine-scale catch and effort data reporting system

1.
Community fishing vessels shall transmit to the compe-
tent authorities of the Member State whose flag they fly, for
each fishing season, by the 15th day of the month following
that in which fishing takes place, fine-scale catch and effort
data for the month concerned, concerning, as appropriate,
trawling,
longlining or pot fishing, for the following species
and areas:

(a) Champsocephalus gunnari in FAO statistical division 58.5.2

and subarea 48.3;

(b) Dissostichus eleginoides in FAO statistical subareas 48.3 and

48.4;

(c) Dissostichus eleginoides in FAO statistical division 58.5.2;

(d) Electrona carlsbergi in FAO statistical subarea 48.3;

(e) Martialia hyadesi in FAO statistical subarea 48.3;

(f) Paralomis spp. (order Decapoda, sub-order Reptantia) in FAO
statistical subarea 48.3, other than that fished during the
first phase of the CCAMLR exploratory fishery scheme for
that species and subarea.

In the case of the fisheries referred to in paragraph 1,
2.
points (b) and (f), the data shall be reported for each laying of
pots, and in other cases for each haul.

All catches of

target and by-catch species

shall be
3.
reported for individual species. The data shall
include the
numbers of seabirds and marine mammals of each species
caught and released or killed.

4. Member States shall transmit the data referred to in para-
graphs 1, 2 and 3 to the Commission at the end of each
calendar month. The Commission shall transmit that data to
the CCAMLR without delay.

5.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
37(2).

fish shall be of

Length measurements of

length
2.
rounded down to the nearest centimetre and representative
samples of length composition shall be taken from a single
fine-scale grid rectangle (0,5° latitude by 1° longitude). Where a
vessel moves from one fine-scale rectangle to another during
the course of a month, separate length compositions shall be
submitted for each rectangle.

total

3.
In the case of data concerning the fishery referred to in
Article 13(1)(d), a representative sample shall comprise not less
than 500 fish.

4.
At the end of each month Member States shall transmit
the notifications received to the Commission, which shall
transmit them to the CCAMLR without delay.

Detailed rules for the application of this Article shall be
5.
adopted in accordance with the procedure laid down in Article
37(2).

Article 15

Closure of a fishery on grounds of failure to submit a
report

Where the CCAMLR notifies a Member State that a fishery has
failure to submit a report as
been closed on account of
provided for
the Member State
concerned shall ensure that its vessels participating in that
fishery cease fishing immediately.

in Articles 13 and 14,

SECTION 3

ANNUAL REPORTING OF CATCHES

Article 16

Total catch data

Article 14

Monthly fine-scale biological data reporting system

1. Without prejudice to Article 15 of Regulation (EEC) No
2847/93, Member States shall notify the Commission, by 31
July each year, of the total catches for the preceding year taken
by Community fishing vessels flying their flag, broken down by
vessel.

1.
Community fishing vessels shall transmit to the compe-
tent authorities of the Member State whose flag they fly, under
the same conditions and for the same fisheries as those referred

2.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
37(2).

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Article 17

Aggregated data for krill fisheries

1.
Community fishing vessels that have participated in krill
fisheries in the Convention area shall transmit, by 1 January
each year to the competent authorities of the Member State
whose flag they fly, the fine-scale catch and effort data for the
previous fishing season.

2. Member States shall aggregate the fine-scale catch and
effort data by 10 × 10 nautical mile rectangle and 10-day
period, and transmit these data to the Commission by latest 1
March each year.

3.
For the purposes of the fine-scale catch and effort data,
the calendar month shall be divided into three 10-day reporting
periods: day one to day 10, day 11 to day 20 and day 21 to
the last day of the month. These 10-day reporting periods shall
be referred to as periods A, B and C.

Detailed rules for the application of this Article shall be
4.
adopted in accordance with the procedure laid down in Article
37(2).

Article 18

Data for catches of crab in FAO statistical subarea 48.3

catches of crab taken before 31 August of that year. The
Commission shall transmit these data to the CCAMLR by 30
September each year.

2.
The data concerning catches taken from 31 August each
year shall be transmitted to the Commission within two
months from the date of
the fishery. The
Commission shall transmit these data to the CCAMLR no later
than three months following the closure of the fishery.

the closure of

Detailed rules for the application of this Article shall be
3.
adopted in accordance with the procedure laid down in Article
37(2).

Article 19

Fine-scale catch and effort data for the exploratory squid
fishery in FAO statistical subarea 48.3

Community fishing vessels fishing for squid (Martialia
1.
hyadesi) in FAO statistical subarea 48.3 shall transmit to the
Commission, by 25 September each year, the fine-scale catch
and effort data for that fishery. The data shall
include the
numbers of seabirds and marine mammals of each species
caught and released or killed. The Commission shall transmit
these data to the CCAMLR by 30 September each year.

1.
Community fishing vessels fishing for crab in FAO statis-
tical subarea 48.3 shall transmit to the Commission, by 25
September each year, data concerning fishing activities and the

2.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
37(2).

CHAPTER IV

CONTROL AND INSPECTION

SECTION 1

CONTROL AND INSPECTION AT SEA

able conservation measures adopted by the CCAMLR and, in
the case of Community fishing vessels, for compliance with any
Community conservation or control measures relating to fish-
eries resources applying to those vessels.

Article 20

Scope

This Chapter shall apply to Community fishing vessels and
fishing vessels flying the flag of another Contracting Party to
the Convention.

Article 21

CCAMLR inspectors designated by the Member States to
carry out inspections at sea

1.
The Member States may designate CCAMLR inspectors
who may be placed on board any Community fishing vessel or,
by arrangement with another Contracting Party, on board a
vessel of the latter, engaged in or about to be engaged in the
harvesting of marine living resources or in scientific research
activities related to fisheries resources in the Convention area.

2.
CCAMLR inspectors shall inspect vessels flying the flag of
a Contracting Party other than the Community and its Member
States in the Convention area for compliance with the applic-

CCAMLR inspectors shall be familiar with the fishing and
3.
scientific research activities to be inspected, the provisions of
the Convention and the conservation measures adopted under
it. The Member States shall certify the qualifications of each
inspector they designate.

Inspectors shall be nationals of the Member State which
4.
designates them and, while carrying out inspection activities,
shall be subject solely to the jurisdiction of that Member State.
They shall be accorded the status of ship's officer while on
board and shall be able to communicate in the language of the
flag State of the vessels on which they carry out their activities.

5.
Each CCAMLR inspector shall carry an identity document
approved or provided by the CCAMLR and issued by the desig-
indicate that the
nating Member State. That document shall
inspector has been designated to carry out
inspections in
accordance with the CCAMLR observation and inspection
system.

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6. Member States shall transmit the names of the inspectors
they designate, with a copy to the Commission,
to the
CCAMLR Secretariat within 14 days of their designation.

Article 23

Marking of vessels carrying inspectors

7. Member States shall cooperate with each other and with
the Commission in the application of the system.

8.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
37(2).

1.
Vessels carrying CCAMLR inspectors shall fly a special
flag or pennant approved by the CCAMLR to indicate that the
inspectors on board are carrying out
inspection duties in
accordance with the CCAMLR inspection system.

2.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
37(2).

Article 22

Determining the activities

that may be subject

to

inspection

and the harvesting of marine

Research activities
living
resources in the Convention area may be subject to inspection.
Those activities shall be presumed where a CCAMLR inspector
finds that the activities of a fishing vessel meet one or more of
the following four criteria and there is no information to the
contrary:

(a) fishing gear is in use, has recently been in use or is ready to

be used, including:

(i) nets, lines or pots are in the water;

(ii) trawl nets and doors are rigged;

(iii) baited hooks, baited pots or traps or thawed bait are

ready for use;

(iv) logbook indicates recent fishing or fishing commen-

cing;

(b) fish which occur

in the Convention area are being

processed or have recently been processed, including:

(i) fresh fish or fish waste are stowed on board;

(ii) fish are being frozen;

(iii) operational or product information is available in this

respect;

(c) fishing gear from the vessel is in the water, including:

(i) fishing gear bears the vessel's markings;

(ii) fishing gear matching that on board the vessel;

(iii) the logbook indicates that gear is in the water;

(d) fish (or their products) which occur in the Convention area

are stowed on board.

Article 24

Inspection procedures at sea

1.
Any Community vessel present in the Convention area
for the purpose of harvesting or conducting scientific research
on marine living resources shall, when given the appropriate
signal in the International Code of Signals by a vessel carrying
a CCAMLR inspector, in accordance with Article 23, stop or
take other such actions as necessary to facilitate the safe and
prompt transfer of the inspector to the vessel, except where the
in which
vessel is actively engaged in harvesting operations,
case it shall do so as soon as practicable.

The master of the vessel shall permit the inspector, who
2.
may be accompanied by assistants, to board the vessel. On
boarding a vessel, an inspector shall present the document
referred to in Article 21(5). Inspectors shall be provided appro-
priate assistance by the master of the vessel in carrying out
their duties, including access as necessary to communications
equipment.

3.
The inspection shall be carried out so that the vessel is
subject to the minimum interference and inconvenience. Inqui-
ries shall be limited to the ascertainment of facts in relation to
compliance with the CCAMLR conservation measures applic-
able to the flag State concerned.

4.
Inspectors shall have the authority to inspect catches, nets
and other fishing gear as well as harvesting and scientific
research activities, and shall have access to records and reports
of catch and location data insofar as necessary to carry out
their functions. Inspectors may take photographs and/or video
footage as necessary to document any alleged breach of
CCAMLR conservation measures in force.

5.
CCAMLR inspectors shall affix an identification mark
approved by the CCAMLR to any net or other fishing gear
which appears to have been used in breach of the CCAMLR
conservation measures in force. They shall record this fact in
the report referred to in Article 25(3) and (4).

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If a vessel refuses to stop or otherwise facilitate transfer
6.
of an inspector, or if the master or crew of a vessel interferes
with the authorised activities of an inspector, the inspector
involved shall prepare a detailed report, including a full descrip-
tion of all the circumstances, and provide the report to the
designating State to be transmitted in accordance with the rele-
vant provisions of Article 25.

Any Member State which receives an inspection report or
4.
any supplementary reports or information,
including reports
under Article 24(6), concerning a vessel flying its flag shall
transmit a copy to the CCAMLR and shall also transmit a copy
to the Commission without delay, enclosing a copy of any
comments and/or observations it may have transmitted to the
CCAMLR following receipt of such reports or information.

Interference with an inspector or failure to comply with reason-
able requests made by an inspector in the performance of his
duties shall be treated by the flag Member State as if the
inspector were an inspector of that Member State.

Detailed rules for the application of this Article shall be
5.
adopted in accordance with the procedure laid down in Article
37(2).

The flag Member State shall report on actions taken under this
paragraph in accordance with Article 26.

7.
Before leaving the vessel that has been inspected, the
CCAMLR inspector shall give the master of that vessel a copy
of the completed inspection report referred to in Article 25.

8.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
37(2).

Article 25

Inspection report

Article 26

Infringement procedure

1. Where, as a result of inspection activities carried out in
there is
accordance with the CCAMLR inspection system,
evidence of breach of the measures adopted under the Conven-
tion,
the flag Member State shall ensure that appropriate
measures are taken against the natural or legal persons respon-
sible for the breach of the measures adopted under the Conven-
tion in accordance with Article 25 of Council Regulation (EC)
No 2371/2002 of 20 December 2002 on the conservation and
sustainable
the
exploitation of
Common Fisheries Policy (1).

resources under

fisheries

1.
Inspections at sea carried out in accordance with Article
24 shall be the subject of an inspection report in the form
approved by the CCAMLR drawn up as follows:

(a) CCAMLR inspectors shall report on any alleged breach of
the conservation measures in force. Inspectors shall allow
the master of the vessel being inspected to comment, on
the inspection report form, about any aspect of the inspec-
tion;

(b) inspectors shall sign the inspection report form. The master
of the inspected vessel shall be invited to sign the inspec-
tion report form to acknowledge receipt of the report.

2.
the
The CCAMLR inspector shall provide a copy of
inspection form together with photographs and video footage
to the designating Member State not later than 15 days from
the date of his return to port.

The designating Member State shall transmit a copy of
3.
the inspection form not later than 15 days from the date of its
receipt, together with two copies of photographs and video
footage to the CCAMLR.

The Member State shall also transmit one copy of the report
together with copies of photographs and video footage to the
Commission no later than seven days from the date of its
receipt together with any supplementary report or information
transmitted subsequently to the CCAMLR regarding the inspec-
tion report.

2.
The flag Member State shall, within 14 days from the
date of the laying of charges or the initiation of proceedings
relating to a prosecution,
inform the CCAMLR and the
Commission, and keep them informed of the progress of the
proceedings and their outcome.

The flag Member State shall at least once a year report in
3.
writing to the CCAMLR, on the outcome of the proceedings as
referred to in paragraph 1 and the penalties imposed. If the
proceedings have not been completed, a progress report shall
be made. When proceedings have not been launched, or have
been unsuccessful, the report shall contain an explanation. The
flag Member State shall transmit a copy of the report to the
Commission.

4.
Penalties provided for by flag Member States in respect of
infringements of CCAMLR conservation measures shall be suffi-
ciently severe as to effectively ensure compliance with those
measures and to discourage infringements, and shall seek to
deprive offenders of any economic benefit accruing from their
illegal activities.

5.
The flag Member State shall ensure that any of its vessels
which have been found to have contravened a CCAMLR
conservation measure do not carry out
fishing operations
within the Convention area until they have complied with the
penalties imposed.

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

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Detailed rules for the application of this Article shall be
6.
adopted in accordance with the procedure laid down in Article
37(2).

be refused, save in emergencies, to vessels which fail to declare
that they have not taken part in illegal, unregulated and unre-
ported fishing activities or which fail to make a declaration.

SECTION 2

CONTROL AND INSPECTION IN PORT

Article 27

Control and inspection in port

1. Member States shall undertake inspection of all fishing
vessels carrying Dissostichus spp. which enter their ports.

The inspections shall seek to establish that:

(a) the catch to be landed or transshipped:

(i) is accompanied by the catch document for Dissostichus
required under Council Regulation (EC) No 1035/2001
of 22 May 2001 establishing a catch documentation
scheme for Dissostichus spp. (1); and

(ii) it corresponds to the information contained in the

document;

(b) where the vessel has engaged in harvesting activities in the
they are in compliance with the

that

Convention area,
CCAMLR conservation measures.

To facilitate the inspections,

2.
the Member States shall
require the vessels concerned to provide advance notice of their
entry into port and to declare in writing that they have not
engaged in or supported illegal, unregulated and unreported
fishing activities in the Convention area. Entry into port shall

In the case of vessels authorised to enter port, the competent
their
authorities in the port Member State shall carry out
inspections as rapidly as possible and at the latest within 48
hours following entry into port.

Inspections shall impose no undue burdens on the vessel or its
crew, and shall be guided by the relevant provisions of the
CCAMLR system of inspection.

3. Where there is evidence that the vessel has fished in
breach of the CCAMLR conservation measures, the competent
authorities in the port Member State shall not authorise the
landing or transhipment of the catch.

The port Member State shall notify the flag State of its findings
and cooperate with it in carrying out an investigation into the
alleged breach and, where appropriate, applying the penalties
provided for under national law.

4. Member States shall notify the CCAMLR at the earliest
opportunity of any vessel referred to in paragraph 1 to which
access to port or authorisation to land or tranship Dissostichus
spp. has been refused. The Member States shall simultaneously
transmit a copy of that information to the Commission.

Detailed rules for the application of this Article shall be
5.
adopted in accordance with the procedure laid down in Article
37(2).

VESSELS ENGAGED IN ILLEGAL, UNREGULATED AND UNREPORTED (IUU) FISHING IN THE
CONVENTION AREA

CHAPTER V

SECTION 1

CONTRACTING PARTY VESSELS

(c) fished during closed fishing periods or in closed areas in

contravention of CCAMLR conservation measures;

Article 28

(d) used prohibited gear

in contravention of

applicable

CCAMLR conservation measures;

IUU activities carried out by Contracting Party vessels

For the purposes of

1.
this section, a Contracting Party
vessel may be presumed to have carried out IUU activities that
have undermined the effectiveness of the CCAMLR conserva-
tion measures where it has:

(a) engaged in fishing activities in the Convention area without
the special fishing permit referred to in Article 3 or, in the
case of a vessel which is not a Community fishing vessel, a
licence issued in accordance with the relevant CCAMLR
conservation measures, or in violation of the conditions of
such permit or licence;

(b) failed to record or to declare its catches made in the
Convention area in accordance with the reporting system
applicable to the fisheries they engaged in, or made false
declarations;

(1) OJ L 145, 31.05.2001, p. 1. Regulation as amended by Regulation

(EC) No 669/2003 (OJ L 97, 15.4.2003, p. 1).

(e) transhipped or participated in joint fishing operations with

vessels appearing on the CCAMLR IUU vessel list;

(f) engaged in fishing activities contrary to any other CCAMLR
conservation measures in a manner that undermines the
attainment of the objectives of the Convention as set out in
Article XXII of the Convention; or

(g) engaged in fishing activities in waters adjacent to islands
within the Convention area over which the existence of
State sovereignty is recognised by all Contracting Parties in
a manner that undermines the attainment of the objectives
of the CCAMLR conservation measures.

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In the case of Community fishing vessels, references to
2.
CCAMLR conservation measures in paragraph 1 shall be under-
stood as references to the relevant provisions of Regulation
(EC) No 600/2004, the provisions of Regulation (EC) No 1035/
2001, or the provisions of the Regulation fixing each year the
fishing opportunities and associated conditions for certain fish
stocks and groups of fish stocks, applicable in Community
waters and,
in waters where catch
for Community vessels,
limitations are required, implementing such measures.

CCAMLR Annual Meeting. The Commission shall immediately
transmit such additional comments and information to the
CCAMLR.

The Commission shall notify member States each year the

5.
IUU vessel list adopted by the CCAMLR.

Article 29

Measures in respect of Contracting Party vessels

Article 30

Identification of vessels engaged in IUU activities

1. Member States that obtain suitably documented informa-
tion regarding vessels that fall under one or more of the criteria
set out in Article 28, on the basis, inter alia, of the application
of Articles 19 to 26, shall transmit this information to the
Commission by latest 20 April, of the year following that in
which the documented vessel activities have taken place.

The Commission shall
transmit
Member States.

immediately, and by latest 30 April,
to the CCAMLR the information received from

2.
The Commission shall transmit to the Member States,
immediately upon receipt from the CCAMLR, the draft list of
Contracting Party vessels presumed to have carried out IUU
activities.

The Member State or Member States whose vessels appear on
the draft list shall transmit to the Commission by latest 1 June,
their comments, as appropriate, including verifiable VMS data
and other supporting information showing that
the vessels
listed have not engaged in fishing activities in contravention of
CCAMLR conservation measures nor had the possibility of
being engaged in fishing activities in the Convention area. The
Commission shall transmit such comments and supplementary
information to the CCAMLR by latest 30 June.

1. Member States
take all necessary measures
accordance with national and Community law, in order that:

shall

in

(a) no special fishing permit referred to in Article 3 is issued to
Community fishing vessels appearing in the IUU vessel list
to fish in the Convention Area;

(b) no licence or special fishing permit is issued to vessels
appearing in the IUU vessel list to fish in waters under their
sovereignty or jurisdiction;

(c) their flag is not granted to vessels appearing in the IUU

vessel list;

(d) vessels appearing in the IUU vessel

list that enter their
ports voluntarily are inspected in port in accordance with
Article 27.

2.

The following activities shall be prohibited

(a) by derogation of Article 11 of Regulation (EEC) 2847/93,
for Community fishing vessels, support vessels, mother-
ships and cargo vessels, to participate in any transhipment
or joint fishing operations with vessels appearing on the
IUU vessel list;

(b) for vessels appearing in the IUU vessel list that enter ports

voluntarily, to land or tranship therein;

(c) to charter vessels appearing on the IUU vessel list;

(d) to import Dissostichus spp. from vessels appearing in the

IUU vessel list;

3.
Upon receipt of the draft list referred to in paragraph 2,
Member States shall monitor closely the vessels listed in order
to track their activities and detect any possible change of name,
flag or ownership thereof.

3. Member States shall not validate the export or re-export
documents accompanying a shipment of Dissostichus spp. under
the relevant provisions of Regulation (EC) 1035/2001 when
the shipment concerned is declared to have been caught by any
vessel included in the IUU vessel list.

The Commission shall transmit to the Member States,
4.
the list of
immediately upon receipt
Contracting Party vessels appearing in the provisional
IUU
vessel list. Member States shall submit to the Commission any
information regarding the listed
additional comments or
the following
least
vessels, at

two months in advance of

from the CCAMLR,

4.
The Commission shall collect and exchange with other
Contracting Parties or cooperating non-Contracting Parties,
entities or fishing entities, any appropriate information which
is suitably documented with a view to detect, control and
prevent the use of false import/export certificates regarding fish
from vessels appearing in the IUU vessel list.

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SECTION 2

NON-CONTRACTING PARTY VESSELS

Article 31

Measures in respect of Contracting Party nationals

Member States shall cooperate and take all necessary measures
in accordance with national and Community law, in order to:

(a) ensure that nationals subject to their jurisdiction do not
support or engage in IUU fishing, including engagement on
board vessels appearing in the IUU list referred to in Article
29;

(b) identify those nationals who are the operators or beneficial

owners of vessels involved in IUU fishing.

Member States shall ensure that penalties for IUU fishing
applied to nationals under their jurisdiction are of sufficient
severity to effectively prevent, deter and eliminate IUU fishing
and to deprive offenders of the benefits accruing from such
illegal activity.

Article 32

IUU activities carried out by non-Contracting Party vessels

1.
A non-Contracting Party vessel which has been sighted
engaging in fishing activities in the Convention area or which
has been denied port access, landing or transhipment in accord-
ance with Article 27 shall be presumed to have carried out IUU
activities
the
CCAMLR conservation measures.

that have undermined the effectiveness of

2.
In the case of transhipment activities inside or outside the
Convention area, involving the participation of a sighted non-
Contracting Party vessel, the presumption that the effectiveness
of the CCAMLR conservation measures has been undermined
shall apply to any other non-Contracting Party vessel which
was engaged in those activities with that vessel.

tranship any fish species

Vessels inspected pursuant to paragraph 1 shall not be
2.
allowed to land or
to
CCAMLR conservation measures which it may be holding on
board except where the vessel establishes that the fish were
caught in compliance with such measures and the requirements
under the Convention.

subject

Article 34

Information on non-Contracting Party vessels

1.
A Member State which sights the non-Contracting Party
vessel or denies it port access, landing or transhipment under
Articles 32 and 33 shall attempt to inform the vessel that it is
presumed to be undermining the objective of the Convention
and that this information will be transmitted to all Contracting
Parties, to CCAMLR, and to the flag State of the vessel.

2. Member States shall immediately transmit to the Commis-
sion the information regarding sightings, denial of port access,
landings or transhipments, and the results of all
inspections
conducted in their ports, and any subsequent action they have
taken in respect of the vessel concerned. The Commission shall
transmit this information immediately to the CCAMLR.

3. Member States may at any time submit to the Commis-
sion for immediate transmission to CCAMLR any additional
information, which may be relevant for the identification of
non-Contracting Party vessels that might be carrying out IUU
fishing activities in the Convention Area.

The Commission shall notify to the Member States each
4.
year the non-Contracting Party vessels appearing in the IUU
vessel list adopted by CCAMLR.

Article 33

Article 35

Inspection of non-Contracting Party vessels

Measures in respect of non-Contracting Party vessels

1. Member States shall ensure that each non-Contracting
Party vessel as referred to in Article 32 that enters their ports is
inspected by their competent authorities in accordance with
Article 27.

Article 30(1), (2) and (3) shall apply mutatis mutandis to the
list
non-Contracting Party vessels listed in the IUU vessel
referred to in Article 34(4).

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CHAPTER VI

FINAL PROVISIONS

Article 36

Implementation

The measures necessary for implementing Articles 3, 5, 6, 7, 8,
9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 21, 23, 24, 25, 26, and
27 shall be adopted in accordance with the procedure referred
to in Article 37(2).

Article 37

Committee procedure

The Commission shall be assisted by the Committee set

1.
up under Article 30 of Regulation (EC) No 2371/2002.

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.

Article 38

Repeal

Regulations (EEC) No 3943/1990, (EC) No 66/98, and

1.
(EC) No 1721/1999 are hereby repealed.

References made to the repealed Regulations shall be

2.
construed as being made to this Regulation.

Article 39

Entry into force

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, 22 March 2004.

For the Council

The President

J. WALSH