Council Regulation (EC) No 827/2004 of 26 April 2004 prohibiting imports of Atlantic bigeye tuna (Thunnus obesus) originating in Bolivia, Cambodia, Equatorial Guinea, Georgia and Sierra Leone and repealing Regulation (EC) No 1036/2001
Date: 2004-04-26
Institutions: Council of the European Union
Subjects: Atlantic Ocean, Bolivia, Cambodia, Equatorial Guinea, Georgia, Sierra Leone, import (EU), import restriction, originating product, sea fish

29.4.2004

EN

Official Journal of the European Union

L 127/21

COUNCIL REGULATION (EC) No 827/2004

of 26 April 2004

prohibiting imports of Atlantic bigeye tuna (Thunnus obesus) originating in Bolivia, Cambodia,
Equatorial Guinea, Georgia and Sierra Leone and repealing Regulation (EC) No 1036/2001

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)

(6)

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

In 1998 the International Commission for the Conserva-
tion of Atlantic Tunas (ICCAT), to which the European
Community is a contracting party, adopted resolution
98-18 concerning unreported and unregulated catches
of tuna by large-scale longline vessels in the Convention
area.

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

ICCAT has identified Belize, Bolivia, Cambodia, Equa-
torial Guinea, Georgia, Honduras, Saint Vincent and the
Grenadines and Sierra Leone as countries whose vessels
fish Atlantic bigeye tuna in a manner which diminishes
the effectiveness of the organisation's tuna conservation
data
measures,
concerning catches, trade and the activities of vessels.

findings with

substantiating

its

Imports of Atlantic bigeye tuna originating in Belize,
Cambodia, Equatorial Guinea, Honduras and Saint
Vincent and the Grenadines are currently prohibited by
Regulation (EC) No 1036/2001 of 22 May 2001 prohi-
biting imports of Atlantic bigeye tuna (Thunnnus obesus)
originating in Belize, Cambodia, Equatorial Guinea, Saint
Vincent and the Grenadines and Honduras (1).

ICCAT has taken note of the strengthening of coopera-
tion with Honduras for the conservation of Atlantic
its 2002 annual meeting it recom-
bigeye tuna. At
mended the lifting of
imports of
Atlantic bigeye tuna in any form imposed by the
contracting parties on Honduras.

the prohibition of

(1) OJ L 145, 31.5.2001, p. 10.

(7)

(8)

(9)

ICCAT has taken note of the progress of cooperation
with Belize and Saint Vincent and the Grenadines for the
conservation of Atlantic bigeye tuna. At its 2003 annual
meeting it lifted, as of 1 January 2004, the prohibition
of imports of Atlantic bigeye tuna in any form imposed
by the contracting parties on Belize and Saint Vincent
and the Grenadines.

ICCAT's attempts to encourage Bolivia, Cambodia, Equa-
torial Guinea, Georgia and Sierra Leone to comply with
the conservation and management of
measures
Atlantic bigeye tuna have been to no avail.

for

ICCAT has recommended its contracting parties to take
appropriate steps to prohibit imports of Atlantic bigeye
tuna products in any form from Bolivia, Georgia and
Sierra Leone and to continue prohibiting such imports
from Cambodia and Equatorial Guinea. These measures
will be lifted as soon as it is established that the coun-
tries 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. However, in view of the
the ban on
notification periods required by ICCAT,
imports from Georgia should not enter into force until 1
July 2004.

(10)

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

(11)

For the sake of transparency, Regulation (EC) No 1036/
2001 should therefore be 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 127/22

EN

Official Journal of the European Union

29.4.2004

Article 2

Article 3

1.
The importation into the Community of Atlantic bigeye
tuna (Thunnus obesus) originating in Bolivia, Cambodia, Equa-
torial Guinea and Sierra Leone and falling within CN codes
ex 0302 70 00, 0303 44 00,
ex 0301 99 90, 0302 34 00,
ex 0303 80 00,
ex 0304 10 98,
ex 0304 90 97ex 0305 10 00,
ex 0304 20 45,
ex 0305 20 00,
ex 0305 49 80,
ex 0305 59 80 and ex 0305 69 80 is prohibited.

ex 0304 10 38,

ex 0305 30 90,

2.
The importation of any processed product derived from
the Atlantic bigeye 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

codes

ex 0301 99 90,

3.
The importation into the Community of Atlantic bigeye
tuna (Thunnus obesus) originating in Georgia and falling within
0303 44 00,
CN
ex 0304 20 45,
ex 0304 10 98,
ex 0304 10 38,
ex 0305 30 90,
ex 0305 20 00,
ex 0304 90 97,
ex 0305 49 80, ex 0305 59 80 and ex 0305 69 80 is prohib-
ited.

0302 34 00,

4.
The importation of any processed product derived from
the Atlantic bigeye tuna referred to in paragraph 3 and falling
within
and
ex 1604 14 18 and ex 1604 20 70 is prohibited.

ex 1604 14 11,

ex 1604 14 16

codes

This Regulation shall not apply to quantities of the products
referred to in Article 2 and originating in Bolivia, Georgia and
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.

Article 4

1.

Regulation (EC) No 1036/2001 is hereby repealed.

References to the repealed Regulation shall be construed

2.
as being made to this Regulation.

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.

Article 2(3) and (4) shall apply from 1 July 2004.

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