Council Regulation (EC) No 1368/2006 of 27 June 2006 amending Regulation (EC) No 1035/2001 establishing a catch documentation scheme for Dissostichus spp.
Date: 2006-06-27
Institutions: Council of the European Union
Subjects: authorised catch, catch of fish, document, fishing regulations, sea fish

16.9.2006

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Official Journal of the European Union

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1368/2006

of 27 June 2006

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

THE COUNCIL OF THE EUROPEAN UNION,

or transhipped within the definitions of “landing” or
“transhipment” set out in points (e) and (f);

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

establishing the European

Having regard to the proposal from the Commission,

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

(e) “landing” means

the initial

transfer of catch in its
harvested or processed form from a vessel to dockside
or to another vessel in a port or free trade zone where
the catch is certified by an authority of the Port State as
landed;

Whereas:

(f)

“transhipment” means:

(1)

(2)

Council Regulation (EC) No 1035/2001 of 22 May
2001 establishing a catch documentation scheme for
Dissostichus spp. (2) implements the catch documentation
scheme adopted by the Commission for the Conservation
of Antarctic Marine Living Resources (hereinafter referred
to as ‘CCAMLR’) at its eighteenth Annual Meeting in
November 1999.

The CCAMLR adopted a number of amendments to the
scheme and to a related resolution aiming at improving
the control of landings, imports, exports, re-exports and
transhipments of Dissostichus spp. and at harmonising the
implementation thereof.

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

1. The following points shall be added to Article 3:

‘(d) “import” means the physical entering or bringing of a
catch into any part of the geographical territory under
the control of a State, except where the catch is landed

(1) OJ C 304 E, 1.12.2005, p. 18.
(2) 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).

— the transfer of a catch in its harvested or processed
form from a vessel to another vessel or means of
takes place
transport, and, where such transfer
within the territory under the control of a Port
State, for the purpose of effecting its removal from
that State,

— temporarily placing a catch on land or an artificial
structure to faciliate such transfer where the catch is
not landed within the definition of point (e);

(g) “export” means any movement of a catch in its harvested
or processed form from territory under the control of a
State or free trade zone of landing, or, where that State
or free trade zone forms part of a customs union, any
other Member State of this customs union;

(h) “re-export” means any movement of a catch in its
harvested or processed form from territory under the
control of the State, free trade zone, or Member State
of a customs union of import unless that State, free trade
zone, or any Member State of that customs union of
import is the first place of import,
in which case the
movement is an export within the definition in point (g);

(i)

“Port State” means the State that has control over a
particular port area or free trade zone for the purposes
of landing, transhipment,
importing, exporting and re
exporting and whose authority serves as the authority
for landing or transhipment certification.’.

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2. Article 4 shall be replaced by the following:

4. In Article 12(1), the first indent shall be replaced by the

‘Article 4

1. Member States shall require, as a condition of a licence
or a permit authorising a vessel to harvest Dissostichus spp.,
that
in States which are
Contracting Parties to CCAMLR or which otherwise apply
the catch documentation scheme.

the vessel only land catches

2. Member States shall attach to licences and permits
authorising vessels to harvest Dissostichus spp. the names of
all CCAMLR Contracting Parties and States which have
notified the CCAMLR Secretariat that they apply the catch
documentation scheme.

take all necessary measures to
3. Member States shall
ensure that whenever Dissostichus spp.
is landed or tran-
shipped, 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 shall be 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’.

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’.

5. Article 22 shall be replaced by the following:

‘Article 22

shall

communicate

By 15 March, 15 June, 15 September and 15 December of
each year Member States
to the
Commission a summary list of the catch documents issued
in or received into their territory in respect of
landings,
imports, exports, re-exports and transhipments including
the following data: Document Identification Numbers; date
of
transhipment;
landing,
re-export or
weights landed,
imported, exported, re exported or trans-
hipped; origin and destination.’.

import, export,

6. Annexes I, II and III shall be replaced by the text in the

Annex of this Regulation.

Article 2

This Regulation shall enter into force on the 20th 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, 27 June 2006.

For the Council
The President

J. PRÖLL

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ANNEX

‘ANNEX I

DISSOSTICHUS CATCH DOCUMENT AND DISSOSTICHUS RE-EXPORT DOCUMENT

The catch document and re-export document shall include the following information:

1. A specific identification number, consisting of:

(i) a four-digit number consisting of the two-digit International Standards Organisation (ISO) country code, followed

by the last two digits of the year for which the document is issued:

(ii) three-digit sequence number (beginning with 001) to denote the order in which the catch document forms are

issued.

2. The following information:

(i)

(ii)

the name, address, telephone and fax numbers of the authority which issued the catch document form;

the name, home port, national registration number and call sign of the vessel and, if applicable, its IMO/Lloyd's
registration number;

(iii)

the number of the licence or permit issued to the vessel, as applicable;

(iv)

the weight of each Dissostichus species landed or transhipped by product type, and

(a) by CCAMLR statistical sub-area or division if caught in the Convention area, and/or

(b) by the Food and Agriculture Organisation of the United Nations (FAO) statistical area, sub-area or division if

caught outside the Convention area;

(v)

the dates within which the catch was taken;

(vi)

in the case of landing, the date and the port at which the catch was landed; or in the case of transhipment, the
date and the name of the vessel, its flag and national registration number (for Community vessels, the internal
registration number in the fleet register allocated to the vessel in accordance with Article 5 of Commission
Regulation (EC) No 2090/98 of 30 September 1998 concerning the fishing vessel register of the Community);

(vii)

the name, address, telephone and fax numbers of the receiver or receivers of the catch and the amount of each
species and product type received; and

(viii) the transport details in the export section of the Dissostichus catch document and in the re-export section of the

Dissostichus re-export document as appropriate:

1.

if by sea:

— container(s) number(s) or, if more than one container, a list of container numbers on an attachment
signed and stamped for validation by the authority validating the Dissostichus catch document or the
Dissostichus re-export document; or

— vessel name; and

— bill of lading number, date and place of issue

2.

if by air:

— flight number, airway bill number, place and date of issue

3.

if by other means (ground transportation):

— truck registration number and nationality; or

— railway transport number; and

— date and place of issue.

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ANNEX II

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ANNEX III

’