Council Regulation (EC) No 828/2004 of 26 April 2004 prohibiting imports of Atlantic swordfish (Xiphias gladius) originating in Sierra Leone and repealing Regulation (EC) No 2093/2000
Date: 2004-04-26
Institutions: Council of the European Union
Subjects: Sierra Leone, import restriction, originating product, sea fish

29.4.2004

EN

Official Journal of the European Union

L 127/23

COUNCIL REGULATION (EC) No 828/2004

of 26 April 2004

prohibiting imports of Atlantic swordfish (Xiphias gladius) originating in Sierra Leone and
repealing Regulation (EC) No 2093/2000

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:

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

In 1995 the International Commission for the Conserva-
tion of Atlantic Tunas (ICCAT), to which the European
Community is a contracting party, adopted, to ensure
the effective conservation of the species, an action plan
conservation
to ensure
programme for Atlantic swordfish.

effectiveness

the

the

of

the lifting of
swordfish in any form,
parties on Honduras.

the prohibition of

imports of Atlantic
imposed by the contracting

(7)

(8)

(9)

ICCAT has taken note of the strengthening of coopera-
tion with Belize for the conservation of Atlantic sword-
fish. At its 2003 annual meeting it lifted, as of 1 January
2004, the prohibition of imports of Atlantic swordfish
in any form,
imposed by the contracting parties on
Belize.

ICCAT's attempts to encourage Sierra Leone to comply
with measures for the conservation and management of
Atlantic swordfish have been to no avail.

ICCAT has recommended its contracting parties to take
appropriate steps to ban imports of these products in
any form from Sierra Leone. These measures will be
lifted as soon as it is established that the country in
question has brought its fishing practices into line with
ICCAT's measures. These measures should therefore be
implemented by the Community, which has sole compe-
tence in the matter.

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

(10)

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

(11)

For the sake of transparency, Regulation (EC) No 2093/
2000 should therefore be repealed and replaced by this
Regulation,

In 1998 ICCAT identified Belize and Honduras, and in
2002 Sierra Leone, as countries whose vessels fish
Atlantic swordfish in a manner which diminishes the
effectiveness of the organisation's swordfish conservation
measures,
data
concerning catches, trade and the activities of vessels.

findings with

substantiating

its

Imports of Atlantic swordfish originating in Belize and
Honduras are currently prohibited by Council Regulation
(EC) No 2093/2000 of 28 September 2000 prohibiting
imports of Atlantic swordfish (Xiphias gladius) originating
in Belize and Honduras. (1)

ICCAT has taken note of the strengthening of coopera-
tion with Honduras for the conservation of Atlantic
swordfish. At its 2001 annual meeting it recommended

(1) OJ L 249, 4.10.2000, p. 3.

HAS ADOPTED THIS REGULATION:

Article 1

For the purposes of this Regulation,
‘importation’ means the
customs procedures referred to in Articles 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).

(1)

(2)

(3)

(4)

(5)

(6)

L 127/24

EN

Official Journal of the European Union

29.4.2004

Article 2

1.
The importation into the Community of Atlantic sword-
fish (Xiphias gladius) originating in Sierra Leone and falling
within CN codes ex 0301 99 90, 0302 69 87, ex 0302 70 00,
0303 79 87, ex 0303 80 00, ex 0304 10 38, ex 0304 10 98,
ex 0305 20 00,
0304 20 87, 0304 90 65,
ex 0305 30 90,
and
ex 0305 69 80 is prohibited.

ex 0305 10 00,

ex 0305 49 80,

ex 0305 59 80

The importation of any processed product derived from
2.
the Atlantic swordfish referred to in paragraph 1 and falling
within
and
ex 1604 20 90 is prohibited.

ex 1604 19 91,

ex 1604 19 98

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 2093/2000 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