Council Regulation (EC) No 831/2004 of 26 April 2004 amending Regulation (EC) No 973/2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species
Date: 2004-04-26
Institutions: Council of the European Union
Subjects: by-catch, conservation of fish stocks, fishing area, fishing controls, fishing regulations

29.4.2004

EN

Official Journal of the European Union

L 127/33

COUNCIL REGULATION (EC) No 831/2004

of 26 April 2004

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

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,

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

Whereas:

(1)

(2)

The International Commission for the Conservation of
Atlantic Tunas (ICCAT) and the Indian Ocean Tuna
Commission (IOTC) adopted a number of recommenda-
tions on technical measures, which were transposed into
Community law by 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 (2).

ICCAT, in 2001, at its 17th ordinary meeting, and in
2002 at its 13th special meeting recommended certain
new technical measures for certain highly migratory
Atlantic and Mediterranean stocks. Since these recom-
mendations 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 hereby amended as follows:

1.

in Article 3(4) ‘until 31 December 2002’ shall be deleted.

2. Article 5(1) shall be replaced by the following:

‘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 shall be added:

‘Article 5a

2. Member States shall transmit their programme to the
Standing Committee on Research and Statistics for valida-
tion, and a copy to the Commission.

Before 1 July each year, Member States shall send to
3.
the
report on the
the Commission a
programmes, as indicated in paragraph 1, executed in the
previous year.

findings of

Article 5b

1. Member States shall execute in 2003 and 2004 a plan
to reduce the catches of juvenile bluefin tuna in the Mediter-
ranean 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 avail-
able.

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.

in Article 7(1) the second subparagraph shall be 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 per landing of the total bluefin tuna catches
or their equivalent in percentage in weight.’

5. paragraphs 5 and 6 of Article 9 shall be deleted;

1. Member States shall each year draw up a sampling
programme for the estimation of the numbers-at-size of the
bluefin tuna caught,
inter alia, through scientific observers
on board the vessels or at the farming sites.

(1) Opinion delivered on 13 January 2004 (not yet published in the

Official Journal).

(2) OJ L 137, 19.5.2001, p. 1.

6. Article 10(5) shall be replaced by the following:

‘5.
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.’

L 127/34

EN

Official Journal of the European Union

29.4.2004

7. the following Article shall be inserted:

‘Article 12a

1. Member States shall do their utmost to encourage the
release of live sharks caught accidentally, in particular juve-
niles.

2. Member States
discards of sharks.’

shall encourage the reduction of

Article 2

This Regulation shall enter into force on the seventh day
following 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

J. WALSH