Council Regulation (EC) No 826/2004 of 26 April 2004 prohibiting imports of Atlantic blue-fin tuna (Thunnus thynnus) originating in Equatorial Guinea and Sierra Leone and repealing Regulation (EC) No 2092/2000
Date: 2004-04-26
Institutions: Council of the European Union
Subjects: Equatorial Guinea, Sierra Leone, import restriction, originating product, sea fish

29.4.2004

EN

Official Journal of the European Union

L 127/19

COUNCIL REGULATION (EC) No 826/2004

of 26 April 2004

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 Com-
munity, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

(5)

Fishery resources, which are an exhaustible natural
resource, should be protected in the interests of biolo-
gical balances and global food security.

In 1994 the International Commission for the Conserva-
tion 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 orga-
nisation'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 Council Regulation (EC) No 2092/2000 of 28
September 2000 prohibiting imports of Atlantic blue-fin
tuna (Thunnus thynnus) originating in Belize, Honduras
and Equatorial Guinea (1).

(6)

ICCAT has taken note of the strengthening of coopera-
tion with Honduras for the conservation of Atlantic
blue-fin tuna. At its 2001 annual meeting it recom-

(1) OJ L 249, 4.10.2000, p. 1.

(7)

(8)

(9)

mended the lifting of
imports of
Atlantic blue-fin tuna in any form imposed by the
contracting parties on Honduras.

the prohibition of

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

ICCAT's attempts to encourage Equatorial Guinea and
Sierra Leone to comply with measures for the conserva-
tion 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)

These measures are compatible with the Community's
obligations under other international agreements.

(11)

For the sake of transparency, Regulation (EC) No 2092/
2000 should be therefore repealed and replaced by this
Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

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 of
12 October 1992 establishing the Community Customs
Code (2).

(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by
Commission Regulation (EC) No 60/2004. (OJ L 9, 15.1.2004, p.
8).

L 127/20

EN

Official Journal of the European Union

29.4.2004

Article 2

1.
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,
ex 0303 80 00,
0302 35 00,
ex 0304 20 45,
ex 0304 10 38,
ex 0305 20 00,
ex 0304 90 97,
ex 0305 30 90,
and
ex 0305 69 80 is prohibited.

ex 0304 10 98,
ex 0305 10 00,

ex 0302 70 00, 0303 45 00,

ex 0305 49 80,

ex 0305 59 80

2.
The importation of any processed product derived from
the Atlantic blue-fin tuna referred to in paragraph 1 and falling
within
and
ex 1604 14 18 and ex 1604 20 70 is prohibited.

ex 1604 14 11,

ex 1604 14 16

codes

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.

Article 4

1.

Regulation (EC) No 2092/2000 is hereby repealed.

References to the repealed Regulation shall be construed

2.
as being made to this Regulation.

Article 3

Article 5

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

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 Luxembourg, 26 April 2004.

For the Council

The President

B. COWEN