Proposal for a Council Regulation amending Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources and repealing Regulations (EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999
Date: 2007-01-09
Institutions: European Commission
Subjects: Antarctica, conservation of fish stocks, fishing controls, fishing regulations, international convention, marine life

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 9.1.2007 
COM(2006) 867 final 

2007/0001 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain 
control measures applicable to fishing activities in the area covered by the Convention 
on the conservation of Antarctic marine living resources and repealing Regulations 
(EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  Community  has  been  a  Contracting  Party  to  the  Convention  on  the  conservation  of 
Antarctic  marine  living  resources  since  1981.  Conservation  measures  adopted  under  this 
Convention  are  binding  upon  Contracting  Parties.  It  is  therefore  necessary  to  transpose  the 
measures for  the conservation and  management of fish stocks referred to in the Convention 
into Community law. 

The conservation and management measures adopted by the Commission for the conservation 
of  Antarctic  marine  living  resources  (CCAMLR)  include  a  set  of  rules  regarding  the 
monitoring of fishing activities. The arrangements for the control of fishing activities in the 
Convention  area  have  been  transposed  into  Community  legislation  by  Council  Regulation 
(EC) No 601/2004 of 22 March 2004. 

This instrument needs to be updated to bring it into line with the amended rules adopted at the 
CCMLR  annual  meetings  in  2004  and  2005  and  with  the  Community  system  of  catch  and 
effort  reporting.  Some  of  the  new  measures  have  already  been  included,  on  a  provisional 
basis,  in  the  annual  TAC  and  Quota  Regulation  for  2006.  For  those  measures  it  is  now 
necessary to create a more permanent basis in Community legislation. 

Most  of  rules  introduced  since  2004  are  aiming  at  enhancing  the  monitoring  of  the  vessels, 
which are authorised to conduct fishing activities in CCAMLR waters, and to combat illegal, 
unregulated and unreported (IUU) fishing activities in the regulatory area. CCAMLR adopted 
many of these measures on the basis of proposals prepared by the Community, in cooperation 
with  a  number  of  other  CCAMLR  Parties.  With  the  presentation  of  these  proposals  the 
Community continued its traditionally active role in fighting IUU fishing, which has become 
a serious threat for the vulnerable marine environment around the Antarctic Continent. 

Other measures adopted in 2004 and 2005 include a prohibition of discharging various forms 
of  waste  in  order  to  protect  the  environment  and  avoid  incidental  catches  of  seabirds. 
Furthermore, CCALMR decided to introduce a tagging programme with a view to improving 
the knowledge of the situation and the existing inter-linkages between various toothfish stocks 
in  the  Southern  Ocean,  which  constitute  the  main  species  subject  to  commercial  fishing 
activities. 

The Commission proposes that the Council adopt the attached Regulation. 

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2007/0001 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain 
control measures applicable to fishing activities in the area covered by the Convention 
on the conservation of Antarctic marine living resources and repealing Regulations 
(EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999 

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 601/2004 of 22 March 2004 laying down certain control 
measures applicable to fishing activities in the area covered by the Convention on the 
conservation of Antarctic marine living resources and repealing Regulations (EEC) No 
3943/90,  (EC)  No  66/98  and  (EC)  No  1721/1999  implements  certain  conservation 
measures adopted by the Commission for the conservation of Antarctic marine living 
resources, hereinafter referred to as "CCAMLR”. 

At its twenty third and twenty forth Annual Meeting in November 2004 and 2005, the 
CCAMLR adopted a number of amendments to the conservation measures in order to, 
inter alia, improve licensing requirements, protect the environment, enhance scientific 
research for Dissostichus spp. as well as to combat illegal fishing activities. 

(3) 

Regulation (EC) No 601/2004 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 601/2004 is amended as follows: 

1. 

Article 3, paragraph 2 is replaced by the following: 

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"The  Member  States  shall  transmit  to  the  Commission,  by  computer  transmission, 
within three days from the date of issue of the permit referred to in paragraph 1, the 
following information concerning the vessel covered by the permit: 

(a) 

the name of the vessel concerned; 

(b) 

type of vessel; 

(c) 

length; 

(d)  vessel IMO number (if issued); 

(e)  where and when it was built; 

(f) 

previous flag, if any; 

(g) 

international Radio Call Sign; 

(h)  name and address of vessel's owner(s), and any beneficial owner(s), if known; 

(i) 

colour photographs of the vessel, which shall consist of: 

(i) 

one photograph not smaller than 12 x 7 cm showing the starboard side of 
the  vessel,  displaying  its  full  overall  length  and  complete  structural 
features; 

(ii)  one photograph not smaller than 12 x 7 cm showing the port side of the 
vessel, displaying its full overall length and complete structural features; 

(iii)  one  photograph  not  smaller  than  12  x  7  cm  showing  the  stern,  taken 

directly from astern; 

(j) 

the  period  for  which  it  is  authorised  to  fish  in  the  Convention  area,  with  the 
dates on which fishing activities start and end; 

(k) 

the fishing area or areas; 

(l) 

the target species; 

(m) 

the gear used; 

(n)  measures  taken  to  ensure  tamper-proof  operation  of  the  satellite  monitoring 

device installed on board. 

Member States shall, to the extent practicable, also communicate to the Commission 
the  following  information  relating  to  vessels  authorised  to  fish  in  the  Area  of 
CCAMLR: 

(a) 

name and address of operator, if different from vessel owner(s); 

(b)  names and nationality of master and, where relevant, of fishing master; 

(c) 

type of fishing method or methods; 

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(d)  beam (m); 

(e) 

gross registered tonnage; 

(f) 

vessel communication types and numbers (INMARSAT A, B and C numbers); 

(g)  normal crew complement; 

(h)  power of main engine or engines (kW); 

(i) 

carrying capacity (tonnes), number of fish holds and their capacity (m³); 

(j) 

any other information (e.g. ice classification) considered appropriate. 

The  Commission  shall  transmit  such  information  to  the  CCAMLR  Secretariat 
without delay.” 

2. 

Article 4, paragraph 3 is replaced by the following: 

"Member States shall verify the information referred to in paragraph 2 against data 
received  through  the  VMS  systems  operating  on  board.  They  shall  transmit  this  to 
the CCAMLR Secretariat by computer transmission within two days from the date of 
its receipt." 

3. 

A new Article 7a shall be inserted. It shall read as follows: 

“Article 7a 
Special requirements for exploratory fisheries 

Fishing vessels participating in exploratory fisheries shall be subject to the following 
additional requirements: 

(a) 

vessels shall be prohibited from discharging: 

(i) 

oil  or  fuel  products  or  oily  residues  into  the  sea,  except  as  permitted  in 
Annex I to MARPOL 73/78 (International Convention for the Prevention 
of Pollution from Ships); 

(ii)  garbage; 

(iii)  food  wastes  not  capable  of  passing  through  a  screen  with  openings  no 

greater than 25 mm; 

(iv)  poultry or parts thereof (including egg shells); 

(v) 

sewage within 12 nautical miles of land or ice shelves, or sewage while 
the ship is travelling at a speed of less than 4 knots; or 

(vi) 

incineration ash. 

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(b)  no  live  poultry  or  other  living  birds  shall  be  brought  into  Subareas  88.1  and 
88.2  and  any  dressed  poultry  not  consumed  shall  be  removed  from  Subareas 
88.1 and 88.2; 

(c) 

fishing  for  Dissostichus  spp.  in  Subareas  88.1  and  88.2  shall  be  prohibited 
within 10 nautical miles of the coast of the Balleny Islands.” 

4. 

A new Article 7b shall be inserted. It shall read as follows: 

“Article 7b 
Tagging programme 

Each  fishing  vessel  participating  in  the  exploratory  fisheries  shall  implement  a 
tagging programme as follows: 

(a)  Dissostichus  spp.  individuals  shall  be  tagged  and  released  at  a  rate  of  one 
individual per tonne of green weight catch throughout the season in accordance 
with  the  CCAMLR  Tagging  Protocol.  Vessels  shall  only  discontinue  tagging 
after they have tagged 500 individuals, or leave the fishery having tagged one 
individual per tonne of green weight caught; 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

the programme shall target individuals of all sizes in order to meet the tagging 
requirement of one individual per one tonne of green weight catch. All released 
individuals  shall  be  double-tagged  and  releases  shall  cover  as  broad  a 
geographical area as possible; 

all  tags  shall  be  clearly  imprinted  with  a  unique  serial  number  and  a  return 
address so that the origin of tags can be retraced in the case of recapture of the 
tagged individual; 

all  recaptured  tagged  individuals  (i.e.  fish  caught  that  have  a  previously 
inserted tag) shall not be re-released, even if it was at liberty for only a short 
period; 

all recaptured tagged individuals shall be biologically sampled (length, weight, 
sex,  gonad  stage),  an  electronic  photograph  taken  if  possible,  the  otoliths 
recovered and the tag removed; 

all  relevant  tag  data  and  any  data  recording  tag  recaptures  shall  be  reported 
electronically in the CCAMLR format to CCAMLR within three months of the 
vessel departing these fisheries; 

all  relevant  tag  data,  any  data  recording  tag  recaptures,  and  specimens  from 
recaptures shall also be reported electronically in the CCAMLR format to the 
relevant  regional  tag  data  repository  as  detailed  in  the  CCAMLR  Tagging 
Protocol.” 

5. 

Article 9, paragraph 4 and 5 are replaced by the following: 

"The Member States shall notify the CCAMLR, with a copy to the Commission, by 
computer transmission at the latest within three days from the date of the end of each 

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reporting  period,  of  the  catch  and  effort  report  transmitted  by  each  fishing  vessels 
flying their flag and registered in the Community. Each catch and effort report shall 
specify the reporting period of the catch concerned." 

6. 

Article 13, paragraph 4 is replaced by the following: 

"Member  States  shall  transmit  the  data  referred  to  in  paragraphs  1,  2  and  3  to  the 
CCAMLR at the end of each calendar month, with a copy to the Commission." 

7. 

Article 14, paragraph 4 is replaced by the following: 

"At the end of each month Member States shall transmit the notification received to 
the CCAMLR." 

8. 

Article16, paragraph 1 is replaced by the following: 

"Without  prejudice  to  Article  15  of  Regulation  (EEC)  N°  2847/93,  Member  States 
shall  notify  the  CCAMLR,  by  31  July  each  year,  of  the  total  catches  for  the 
preceding year taken by Community fishing vessels flying their flag, broken down by 
vessel, with a copy to the Commission." 

9. 

Article 17, paragraph 2 is replaced by the following: 

"Member  States  shall  aggregate  the  fine-scale  catch  and  effort  data  by  10  x  10 
nautical mile rectangle and 10-day period, and transmit these data to the CCAMLR 
by latest 1 March each year, with a copy to the Commission." 

10. 

Article 18, paragraph 1 is replaced by the following: 

"Community  fishing  vessels  fishing  for  crab  in  FAO  statistical  subarea  48.3  shall 
transmit  to  the  CCAMLR,  by  25  September  each  year,  data  concerning  fishing 
activities and the catches of crab taken before 31 August of that year, with a copy to 
the Commission." 

11. 

Article 18, paragraph 2 is replaced by the following: 

"The data concerning catches taken from 31 August each year shall be transmitted to 
the CCAMLR within two months from the date of the closure of the fishery, with a 
copy to the Commission." 

12. 

Article 19, paragraph 1 is replaced by the following: 

"Community fishing vessels fishing for squid (Martialia hyadesi) in FAO statistical 
subarea  48.3  shall  transmit  to  the  CCAMLR,  by  25  September  each  year,  the  fine-
scale catch and effort data for that fishery, with a copy to the Commission." 

13. 

Article 28, paragraph 1 is replaced by the following: 

“For  the  purposes  of  this  section,  a  Contracting  Party  vessel  may  be  presumed  to 
have  carried  out  IUU  activities  that  have  undermined  the  effectiveness  of  the 
CCAMLR conservation measures where it has: 

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(a) 

engaged in fishing activities in the Convention area without the special fishing 
permit  referred  to  in  Article  3  or,  in  the  case  of  a  vessel  which  is  not  a 
Community  fishing  vessel,  a  licence  issued  in  accordance  with  the  relevant 
CCAMLR  conservation  measures,  or  in  violation  of  the  conditions  of  such 
permit or licence; 

(b) 

failed  to  record  or  to  declare  its  catches  made  in  the  Convention  area  in 
accordance with the reporting system applicable to the fisheries they engaged 
in, or made false declarations; 

(c) 

fished  during  closed  fishing  periods  or  in  closed  areas  in  contravention  of 
CCAMLR conservation measures; 

(d)  used  prohibited  gear  in  contravention  of  applicable  CCAMLR  conservation 

measures; 

(e) 

(f) 

(g) 

(h) 

transhipped  or  participated  in  joint  fishing  operations  with,  supported  or  re-
supplied vessels appearing on the CCAMLR IUU vessel list; 

failed  to  provide  a  valid  catch  document  for Dissostichus  spp.  when  required 
under the provisions of Regulation (EC) No 1035/2001; 

engaged  in  fishing  activities  contrary  to  any  other  CCAMLR  conservation 
measures in  a manner  that undermines the attainment of the  objectives of the 
Convention as set out in Article XXII of the Convention; or 

engaged  in  fishing  activities  in  waters  adjacent  to  islands  within  the 
Convention area over which the existence of State sovereignty is recognised by 
all  Contracting  Parties  in  a  manner  that  undermines  the  attainment  of  the 
objectives of the CCAMLR conservation measures.” 

14. 

Article 30, paragraph 1 is replaced by the following: 

“Member  States  shall  take  all  necessary  measures  in  accordance  with  national  and 
Community law, in order that: 

(a) 

no  special  fishing  permit  referred  to  in  Article  3  is  issued  to  Community 
fishing vessels appearing in the IUU vessel list to fish in the Convention Area; 

(b)  no  licence or  special fishing  permit is issued to vessels appearing in the IUU 

vessel list to fish in waters under their sovereignty or jurisdiction; 

(c) 

their flag is not granted to vessels appearing in the IUU vessel list; 

(d)  vessels  appearing  in  the  IUU  vessel  list  that  enter  their  ports  voluntarily  are 

inspected in port in accordance with Article 27; 

(e) 

importers,  transporters,  and  other  sectors  concerned  are  encouraged  to  refrain 
from dealing with and from transhipping of fish caught by vessels in the IUU 
vessel list.” 

15. 

Article 30, paragraph 2 is replaced by the following: 

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“The following activities shall be prohibited: 

(a) 

by  derogation  of  Article  11  of  Regulation  (EEC)  2847/93,  for  Community 
fishing vessels, support vessels, mother-ships and cargo vessels, to participate 
in  any  transhipment  or  joint  fishing  operations  with,  support  or  re-supply 
vessels appearing on the IUU vessel list; 

(b) 

for vessels appearing in the IUU vessel list that enter ports voluntarily, to land 
or tranship therein; 

(c) 

to charter vessels appearing on the IUU vessel list; 

(d) 

to import, export, or re-export Dissostichus spp. from vessels appearing in the 
IUU vessel list.” 

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 

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