Proposal for a Council Regulation amending Regulation (EC) No 1035/2001 establishing a catch documentation scheme for Dissostichus spp.
Date: 2004-07-29
Institutions: European Commission
Subjects: authorised catch, fishing controls, fishing regulations, form, protection of animal life, sea fish

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.07.2004 
COM(2004) 528 final 

2004/0179(CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1035/2001 establishing a catch documentation scheme for 
Dissostichus spp. 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

At its eighteenth annual meeting in November 1999, the Commission for the Conservation of 
Antarctic  Marine  Living  Resources  (CCAMLR)  adopted  a  catch  documentation  scheme  for 
Dissostichus spp. The scheme is designed to improve the monitoring of international trade in 
Dissostichus  spp.  and  determine  the  origin  of  all  species  imported  by  the  parties  to  the 
CCAMLR and exported by them. It can also be used to determine whether Dissostichus spp. 
has been caught in the Convention area in a manner consistent with CCAMLR conservation 
measures and to collect catch data in order to facilitate the scientific evaluation of stocks. The 
scheme covers all catches of Dissostichus spp, whether taken inside or outside the Convention 
area. 

This  scheme  was 
into  Community 
No 1035/2001  of  22 May  2001  establishing  a  catch  documentation  scheme 
Dissostichus spp. 

law  by  Council  Regulation  (EC) 
for 

incorporated 

At  its  twenty-second  annual  meeting  in  November  2003,  the  CCAMLR  noted  that 
Dissostichus spp.  covered  by  catch  documents  was  being  landed  in  ports  of  countries  not 
applying the catch documentation scheme. It also noted that landings in the ports of countries 
applying the scheme were in certain cases validated by the authorities of the Flag State rather 
than by the competent authorities of the port. 

Aware of the fact that these differing practices could lead to the fraudulent use of the catch 
documentation  scheme  in  view  of  their  affect  on  the  monitoring  of  its  application,  the 
CCAMLR  decide  to  make  a  number  of  amendments  to  improve  the  documentation  system 
and, in particular, to specify the authorities responsible for validating landings of Dissostichus 
spp. on catch documents. It was also decided to amend the resolution on the use of ports of 
countries not applying the catch documentation scheme for Dissostichus spp, to stipulate that 
vessels  with  a  fishing  licence  for  Dissostichus  spp.  must  land  their  catches  in  countries 
applying  the  scheme  and  to  lay  down  the  list  of  those  countries.  This  amendment  to  the 
resolution  was  supported  by  the  Community  and,  although  it  does  not  constitute  a  binding 
legal document, it should be transposed into Community law. 

Finally,  since  the  catch  documentation  scheme  applies  to  all  trade  in  Dissostichus  spp,  the 
amendment also defines the term “import”. 

The Commission proposes that the Council adopt the amendment to the Regulation. 

EN 

2 

   EN 

 
2004/0179(CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1035/2001 establishing a catch documentation scheme for 
Dissostichus spp. 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 37 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

Council  Regulation  (EC)  No 1035/2001  of  22 May  2001  establishing  a  catch 
documentation  scheme  for  Dissostichus spp3  implements  the  catch  documentation 
scheme adopted by the Commission for the Conservation of Antarctic Marine Living 
Resources,  hereinafter  called  “CCAMLR”  at  its  eighteenth  Annual  Meeting  in 
November 1999. 

At  its  twenty-second  Annual  Meeting  in  November  2003,  the  CCAMLR  made  a 
number of amendments to the scheme and to a related resolution aimed at improving 
the control of landings of Dissostichus spp. and the monitoring of the documentation 
scheme. 

(3) 

Since  the  catch  documentation  scheme  applies  to  all  trade  in  Dissostichus  spp,  the 
term “import” should be defined. 

(4) 

Regulation (EC) No 1035/2001 should consequently be amended, 

HAS ADOPTED THIS REGULATION: 

1 
2 
3 

OJ C […] […], p. […] 
OJ C […] […], p. […] 
OJ  L  145,  31.5.2001,  p.  1.  Regulation  as  amended  by  Regulation  (EC)  No 669/2003  (OJ L 97, 
15.4.2003, p. 1). 

EN 

3 

   EN 

 
                                                 
Article 1 

Regulation (EC) No 1035/2001 is hereby amended as follows: 

1. 

In Article 3, the following point (d) is added: 

“(d)  “import” means the customs-approved treatment or use of goods referred to in 
Article 4(15)(b)  of  Council  Regulation  (EEC)  No 2913/924  and  the  customs 
procedures referred to in Article 4(16)(a) to (f) of that Regulation”. 

2. 

Article 4 is replaced by the following: 

“Article 4 

1.  Member States shall take all necessary measures to ensure that the receipt of a 
licence  or  permit  authorising  a  vessel  to  harvest  Dissostichus  spp.  carries  an 
obligation  to  land  catches  in  countries  applying  the  catch  documentation 
scheme. 

2.  Member  States  shall  attach  to  licences  and  permits  authorising  vessels  to 
harvest Dissostichus spp. the list of countries applying the catch documentation 
scheme. 

3.  Member  States  shall  take  all  necessary  measures  to  ensure  that  whenever 
Dissostichus  spp.  is  landed  or  transhipped,  their  flag  vessels  authorised  to 
engage  in  harvesting  Dissostichus  spp.  have  duly  completed  a  catch 
document.” 

3. 

In Article 10(1)(b), the first indent is replaced by the following: 

“- 

a  signed  and  stamped  validation  by  a  responsible  official  of  the  Port  State  of 
landing  or  free  trade  zone  who  is  acting  under  the  direction  of  either  the 
customs or fisheries authorities of the Port State and is competent with regard 
to the validation of Dissostichus spp catch documents, and”. 

4. 

In Article 12(1), the first indent is replaced by the following: 

“- 

a  signed  and  stamped  validation  by  a  responsible  official  of  the  Port  State  of 
landing  or  free  trade  zone  who  is  acting  under  the  direction  of  either  the 
customs or fisheries authorities of the Port State and is competent with regard 
to the validation of Dissostichus spp catch documents, and”. 

4 

OJ L 302, 19.10.92, p. 1. 

EN 

4 

   EN 

 
                                                 
This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 2 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the Council 
The President 

EN 

5 

   EN