Proposal for a Council Regulation amending Regulation (EC) No 827/2004 as regards the prohibition of imports of Atlantic bigeye tuna from Cambodia, Equatorial Guinea and Sierra Leone, and repealing Regulation (EC) No 826/2004 prohibiting imports of blue-fin tuna from Equatorial Guinea and Sierra Leone and Regulation (EC) No 828/2004 prohibiting imports of swordfish from Sierra Leone
Date: 2005-04-05
Institutions: European Commission
Subjects: import restriction, originating product, sea fish, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 5.4.2005 
COM(2005) 114 final 

2005/0027 (ACC) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 827/2004 as regards the prohibition of imports of Atlantic 
bigeye tuna from Cambodia, Equatorial Guinea and Sierra Leone, and repealing 
Regulation (EC) No 826/2004 prohibiting imports of blue-fin tuna from Equatorial 
Guinea and Sierra Leone and Regulation (EC) No 828/2004 prohibiting imports of 
swordfish from Sierra Leone 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The  Community  has  been  a  Contracting  Party  to  the  International  Convention  for  the 
Conservation of Atlantic Tunas signed in Rio de Janeiro on 14 May 1966, as amended by the 
Protocol annexed to the Final Act of the Conference of Plenipotentiaries of the States Parties 
to  the  Convention  signed  at  Paris  on  10  July  1984  (hereinafter  called  the  "ICCAT 
Convention")  since  14  November  1997,  following  the  adoption  of  Council  Decision 
86/238/EEC1. 

The  ICCAT  Convention  provides  a  framework  for  regional  cooperation  in  the  conservation 
and  management  of  tuna  and  tuna-like  species  in  the  Atlantic  Ocean  and  its  adjacent  seas 
through  the  establishment  of  an  International  Commission  for  the  Conservation  of  Atlantic 
Tunas  (hereinafter  called  "ICCAT")  and  the  adoption  by  this  body  of  conservation  and 
management measures which become binding on the Contracting Parties. 

In 1998, ICCAT adopted resolution 98-18 concerning the unreported and unregulated catches 
of  tuna  by  large-scale  longline  vessels  in  the  Convention  area.  This  resolution  established 
procedures for the identification of countries whose vessels had fished for tuna and tuna-like 
species  in  a  manner  which  diminished  the  effectiveness  of  ICCAT  conservation  and 
management  measures.  The  resolution  also  specified  measures  to  be  taken,  including  if 
necessary non-discriminatory trade restrictive measures in the form of import bans, in order to 
prevent these countries’ vessels from continuing such fishing practices. 

There  are  currently  three  Regulations  in  force  in  the  Community  which  give  effect  to 
recommendations concerning trade measures adopted by ICCAT. These are: 

– 

– 

– 

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 2092/20002, 

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 
1036/20013, 

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 2093/20004. 

At  its  14th  Special  Meeting  held  in  New  Orleans,  15-21  November  2004,  ICCAT 
acknowledged the efforts made by Cambodia, Equatorial Guinea and Sierra Leone to address 
its concerns and adopted recommendations lifting trade restrictive measures against the three 
countries. 

As  a  Contracting  Party 
recommendations in Community legislation. 

to  ICCAT, 

the  Community  should  give  effect 

to 

these 

1 
2 
3 
4 

OJ L 162, 18.6.1986, p. 33. 
OJ L 127, 29.4.2004, p. 19. 
OJ L 127, 29.4.2004, p. 21. 
OJ L 127, 29.4.2004, p. 23. 

EN 

2 

   EN 

 
                                                 
The  Commission  proposes  that  the  Council  adopt  the  attached  proposal  for  a  Regulation 
amending Regulation (EC) No 827/2004 as regards Cambodia, Equatorial Guinea and Sierra 
Leone and repealing Regulations (EC) Nos 826/2004 and 828/2004. 

EN 

3 

   EN 

 
2005/0027 (ACC) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 827/2004 as regards the prohibition of imports of Atlantic 
bigeye tuna from Cambodia, Equatorial Guinea and Sierra Leone, and repealing 
Regulation (EC) No 826/2004 prohibiting imports of blue-fin tuna from Equatorial 
Guinea and Sierra Leone and Regulation (EC) No 828/2004 prohibiting imports of 
swordfish from Sierra Leone 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission5, 

Whereas: 

(1) 

(2) 

(3) 

The Community has been a Contracting Party to the International Convention for the 
Conservation of Atlantic Tunas signed in Rio de Janeiro on 14 May 1966, as amended 
by the Protocol annexed to the Final Act of the Conference of Plenipotentiaries of the 
States  Parties  to  the  Convention  signed  at  Paris  on  10  July  1984  (the  "ICCAT 
Convention")  since  14  November  1997,  following  the  adoption  of  Council  Decision 
86/238/EEC6. 

The  ICCAT  Convention  provides  a  framework  for  regional  cooperation  in  the 
conservation and management of tuna and tuna-like species in the Atlantic Ocean and 
its  adjacent  seas  through  the  establishment  of  an  International  Commission  for  the 
Conservation  of  Atlantic  Tunas  ("ICCAT")  and  the  adoption  by  the  latter  of 
conservation  and  management  measures  which  become  binding  on  the  contracting 
parties. 

In 1998, ICCAT adopted resolution 98-18 concerning the unreported and unregulated 
catches of tuna by large-scale longline vessels in the Convention area. That resolution 
established procedures for the identification of countries whose vessels had fished for 
tuna and tuna-like species in a manner which diminished the effectiveness of ICCAT 
conservation and management measures. The resolution also specified measures to be 
taken, including if necessary non-discriminatory trade restrictive measures, in order to 
prevent those countries’ vessels from continuing such fishing practices. 

5 
6 

OJ C […], […], p. […]. 
OJ L 162, 18.6.1986, p. 33. 

EN 

4 

   EN 

 
                                                 
(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

Since  the  adoption  of  resolution  98-18,  ICCAT  has  identified  Bolivia,  Cambodia, 
Equatorial Guinea, Georgia and Sierra Leone as countries whose vessels fish Atlantic 
bigeye tuna (Thunnus obesus) in a manner which diminishes the effectiveness of the 
organisation's conservation and management measures, substantiating its findings with 
data concerning catches, trade and the activities of vessels. 

ICCAT  has  also  identified  Equatorial  Guinea  and  Sierra  Leone  as  countries  whose 
vessels  fish  Atlantic  blue-fin  tuna  (Thunnus  thynnus)  in  a  manner  which  diminishes 
the effectiveness of the organisation's conservation and management measures. 

ICCAT has furthermore identified Sierra Leone as country whose vessels fish Atlantic 
swordfish  (Xiphias  gladius)  in  manner  which  diminishes  the  effectiveness  of  the 
organisation's conservation and management measures. 

Imports of Atlantic bigeye tuna originating in Bolivia, Cambodia, Equatorial Guinea, 
Georgia and Sierra Leone are currently prohibited by Regulation (EC) No 827/20047. 

Imports of Atlantic blue-fin tuna originating in Equatorial Guinea and Sierra Leone are 
currently prohibited by Regulation (EC) No 826/20048. 

Imports of Atlantic swordfish originating in Sierra Leone are currently prohibited by 
Regulation (EC) No 828/20049. 

(10)  At  its  14th  Special  Meeting  in  2004,  ICCAT  acknowledged  the  efforts  made  by 
Cambodia, Equatorial Guinea and Sierra Leone to address the organisation’s concerns 
and  adopted  recommendations  for  the  lifting  of  trade-  restrictive  measures  against 
those three countries. 

(11)  Regulation (EC) No 827/2004 should therefore be amended accordingly. 

(12)  Regulations (EC) Nos 826 and 828/2004 should accordingly be repealed, 

HAS ADOPTED THIS REGULATION: 

Regulation (EC) No 827/2004 is amended as follows: 

Article 1 

(1) 

(2) 

In Article 2(1) “Cambodia, Equatorial Guinea and Sierra Leone” is deleted; 

In Article 3 “Bolivia, Georgia and Sierra Leone” is replaced by “Bolivia and Georgia”. 

Regulations (EC) Nos 826 and 828/2004 are repealed. 

Article 2 

7 
8 
9 

OJ L 127, 29.4.2004, p. 21. 
OJ L 127, 29.4.2004, p. 19. 
OJ L 127, 29.4.2004, p. 23. 

EN 

5 

   EN 

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

Article 3 

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

Done at Brussels, 

For the Council 
The President 

EN 

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   EN