Council Regulation (EC) No 643/2007 of 11 June 2007 amending Regulation (EC) No 41/2007 as concerns the recovery plan for bluefin tuna recommended by the International Commission for the Conservation of Atlantic Tunas
Date: 2007-06-11
Institutions: Council of the European Union
Subjects: Atlantic Ocean, conservation of fish stocks, fishery management, fishing controls, fishing regulations, sea fish

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 643/2007

of 11 June 2007

amending Regulation (EC) No 41/2007 as concerns the recovery plan for bluefin tuna recommended
by the International Commission for the Conservation of Atlantic Tunas

THE COUNCIL OF THE EUROPEAN UNION,

fixed on a provisional basis, pending an agreement on
the final share of this stock under the ICCAT convention.

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2371/2002 of 20
December 2002 on the conservation and sustainable exploi-
tation of
the Common Fisheries
Policy (1), and in particular Article 20 thereof,

resources under

fisheries

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

fixes
and associated conditions

Regulation (EC) No 41/2007 (2)
for 2007 the
fishing opportunities
for
certain fish stocks and groups of fish stocks, applicable
in community waters and,
in
waters where catch limitations are required.

for Community vessels,

The Community has, since 14 November 1997, been a
party to the International Convention for the Conser-
vation of Atlantic Tunas (3).

At its Annual Meeting in November 2006, the Inter-
national Commission for the Conservation of Atlantic
Tunas (ICCAT) adopted Recommendation 2006[05] to
establish a 15-year recovery plan for bluefin tuna in
the eastern Atlantic and Mediterranean.

(4)

Under Regulation (EC) No 41/2007 the fishing oppor-
tunities and associated conditions for bluefin tuna were

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 15, 20.1.2007, p. 1. Regulation as amended by Commission

Regulation (EC) No 444/2007 (OJ L 106, 24.4.2007, p. 22).

(3) OJ L 162, 18.6.1986, p. 33.

(5)

(6)

(7)

In order to rebuild the stock, the ICCAT recovery plan
provides for a graduated reduction of the Total Allowable
Catch (TAC) level from 2007 to 2010, restrictions on
fishing within certain areas and time period, a new
minimum size for bluefin tuna, measures concerning
sport and recreational
fishing activities as well as
control measures and the implementation of the ICCAT
Scheme of Joint International Inspection to ensure the
effectiveness of the recovery plan.

it

In order to contribute to the conservation of bluefin
tuna,
is necessary to implement special measures
from 2007 pending the adoption of a Council Regulation
implementing multi-annual measures for the recovery of
the bluefin tuna stock.

Since the fishery for bluefin tuna by Community vessels
started in February 2007, it was necessary to apply the
management and control measures for this fishery as
agreed upon by ICCAT as from February 2007 instead
of 13 June 2007 as mentioned in the ICCAT Rec-
the
to ensure
ommendation 2006[05]
compliance with the recovery plan for bluefin tuna.

in order

The measures adopted under this Regulation, for the sole
purpose of
their financing, shall be deemed to be a
recovery plan within the meaning of Article 5 of Regu-
lation (EC) No 2371/2002.

(8)

Regulation (EC) No 41/2007 should therefore be
amended accordingly,

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HAS ADOPTED THIS REGULATION:

Regulation (EC) No 41/2007 is amended as follows:

Article 1

1. the following Chapter shall be inserted:

‘CHAPTER Xa

SPECIAL MEASURES FOR BLUEFIN TUNA IN THE EASTERN
ATLANTIC AND MEDITERRANEAN

SECTION 1

Management measures

Article 80a

Scope

This Chapter lays down the general rules for the application
by the Community of special measures for Bluefin Tuna
International
(thunnus
by
Commission for the Conservation of
the Atlantic Tunas
(ICCAT).
It shall apply to bluefin tuna in the Eastern
Atlantic and the Mediterranean.

recommended

thynnus)

the

Article 80b

Definitions

For the purpose of this Chapter, the following definitions
shall apply:

(a)

(b)

(c)

“CPCs” means Contracting Parties to the International
Convention for the Conservation of the Atlantic Tuna
and cooperating non-contracting parties, entities or
fishing entities;

“Fishing vessel” means any vessel used or intended for
use for the purposes of the commercial exploitation of
tuna resources,
included fish processing vessels and
vessels engaged in transhipment;

“Joint fishing operation” means any operations between
two or more vessels flying the flag of different CPCs or
of different Member States where the catch of one vessel
is attributed in total or in part to one or more other
vessels;

(d)

“Transfer activities” means any transfer of bluefin tuna

(e)

“Tuna trap” means fixed gear anchored to the bottom
usually containing a guide net that leads fish into an
enclosure;

(f)

“Caging” means that bluefin tuna is not taken on board
and includes both, fattening and farming;

(g)

(h)

(i)

(j)

(k)

(l)

“Fattening” means caging of bluefin tuna for a short
period (usually two to six months) aiming mostly at
increasing the fat content of the fish;

“Farming” means caging of bluefin tuna for a period
longer than one year, aiming to increase the total
biomass;

“Transhipment” means the unloading of all or any of the
bluefin tuna on board a fishing vessel to another fishing
vessel at port;

“Processing vessel” means a vessel on board of which
fisheries products are subject to one or more of the
following operations, prior to their packaging: filleting
or slicing, freezing and/or transformation;

“Sport fishery” means a non-commercial fishery whose
participants adhere to a national sport organisation or
are issued with a national sport licence;

“Recreational fishery” means a non-commercial fishery
whose participants do not adhere to a national sport
organisation or are not issued with a national sport
licence;

(m) “Task II” means Task II as defined by the International
Commission for the Conservation of the Atlantic Tunas
(ICCAT) in the “Field manual for statistics and sampling
Atlantic tunas and tuna-like fish” (Third edition, ICCAT,
1990).

Article 80c

Quota

1.
Each Member State may allocate its bluefin tuna quota
to its fishing vessels and traps authorised to fish actively for
bluefin tuna.

(i)

from the fishing vessel to the end fattening bluefin
including for the fish dead or escaped
tuna farm,
during the transport;

(ii) from a bluefin tuna farm or a tuna trap to a

processing vessel, transport vessel or to land;

Private trade arrangements between nationals of a
2.
Member State and a CPC in order to use a fishing vessel
flying the flag of
that Member State for fishing in the
framework of a tuna quota of a CPC, shall be concluded
only under authorisation by the Member State concerned
which shall inform the Commission.

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Article 80d

Joint fishing operations

Article 80f

Use of planes

Any joint fishing operations for bluefin tuna involving
1.
vessels flying the flag of one or more Member State(s) shall
only be authorised with the consent of the flag Member
State or flag Member States concerned

By way of derogation from the provision laid down in
Article 6 of Regulation (EC) No 520/2007 the use of
airplanes or helicopters for searching for bluefin tuna in
the Convention Area shall be prohibited.

At the moment of the application for the authorisation,
2.
each Member State shall
take the necessary measures to
obtain from its fishing vessel participating in the joint
the
fishing operation detailed information concerning
duration of
the
identity of
joint operation,
operators
involved and the allocation key between the
vessels for the catches involved.

the

the

Each Member State shall

3.
the information
referred to in paragraph 2 to the Commission. The
information to
Commission shall promptly forward that
the ICCAT Secretariat.

transmit

SECTION 2

Technical measures

Article 80e

Closed fishing season

By way of derogation from the provision laid down in
Article 6 of Regulation (EC) No 520/2007 (1):

and Mediterranean by

(a) Bluefin tuna fishing shall be prohibited in the east
large-scale pelagic
Atlantic
longline vessels over 24 m during the period from 1
June to 31 December 2007, with the exception of the
area delimited by west of 10° W and north of 42° N;

Article 80g

Minimum size

1.
By way of derogation from Article 8 and Annex IV of
Regulation (EC) No 520/2007, the minimum size for bluefin
tuna in the east Atlantic and in the Mediterranean Sea shall
be 30 kg or 115 cm with effect at the latest from 30 June
2007.

By derogation to paragraph 1 and without prejudice to
2.
Article 80i, a minimum size for bluefin tuna (Thunnus
thynnus) of 8 kg or 75 cm shall apply for the following
bluefin tunas, with effect at the latest from 30 June 2007:

(a) bluefin tuna caught in the eastern Atlantic by bait boats,

trolling boats and pelagic trawlers;

(b) bluefin tuna caught

in the Adriatic Sea for farming

purposes.

3.
The additional specific conditions for bluefin tuna
caught in the eastern Atlantic by bait boats, trolling boats
and pelagic trawlers are set out in Part I of Annex XVIa.

Article 80h

Sampling plan for bluefin tuna

(b) Purse seine fishing for bluefin tuna shall be prohibited in
the east Atlantic and Mediterranean during the period
from 1 July to 31 December 2007;

1.
By way of derogation from the provisions laid down in
Article 11 of Regulation (EC) No 520/2007, each Member
State shall establish a sampling programme for the esti-
mation of the numbers-at-size of the bluefin tuna captured.

(c) Bluefin tuna fishing by bait boats shall be prohibited in
the east Atlantic and Mediterranean during the period
from 15 November 2007 to 15 May 2008;

(d) Bluefin tuna

fishing by pelagic

shall be
prohibited in the east Atlantic during the period from
15 November 2007 to 15 May 2008.

trawlers

2.
Sampling by size in cages shall be carried out on a
sample of 100 specimens per 100 tonnes of live fish or on a
sample of 10 % of the total number of fish placed in a cage.
The size sample, on basis of length or weight, shall be taken
during harvesting at the farm, and on the dead fish during
transport in accordance with the method adopted by the
ICCAT for notifying data in the framework of Task II.

___________
(1) OJ L 123, 12.5.2007, p. 3.

Additional methods and samplings shall be developed

3.
for fish reared for more than one year.

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Sampling shall be carried out during a harvest taken at
4.
random and shall cover all cages. The data shall be notified
to the ICCAT by 31 May 2008 for sampling carried out the
previous year in 2007.

Article 80i

By-catch

1.
A by-catch of maximum 8 % of bluefin tuna weighing
less than 30 kg and no less than 10 kg shall be authorised
for all fishing vessels, fishing actively or not for bluefin tuna.

The percentage mentioned in paragraph 1 shall be
2.
the total by-catch in
calculated either on the basis of
number of
the total bluefin tuna
landing of
fish per
catches of these vessels, or on basis of its weight equivalence
in percentage.

By-catch must be deducted from the quota of the flag
3.
Member State. The discard of dead fish from the by-catch
shall be prohibited and shall be deducted from the quota of
the flag Member State.

Articles 80n and 80p(3) shall apply to landings of by-

4.
catch of bluefin tuna.

Article 80j

Recreational fisheries

The marketing of bluefin tuna caught in sport fishing
charitable

shall be prohibited except

for

2.
competitions
purposes.

Each Member State shall record catch data from sport
3.
this data to the Commission. The
fishing and transmit
Commission
the
Standing Committee on Research and Statistics of ICCAT.

information to

forward

shall

that

4.
Each Member State shall take the necessary measures
to ensure, to the greatest extent possible, the release of the
bluefin tuna
in the
alive,
framework of sport fishing.

especially juveniles,

caught

SECTION 3

Control measures

Article 80l

Register

of

vessels

authorised
for bluefin tuna

to

fish

actively

1.
By 14 June 2007, each Member State shall send the
Commission electronically a list of all fishing vessels flying
its flag authorised to fish actively for bluefin tuna in the
eastern Atlantic and Mediterranean Sea by issue of a
special fishing permit.

1.
In the framework of recreational fisheries it shall be
prohibited to catch, retain on board, tranship and land more
than one individual of bluefin tuna in each sea trip.

The Commission shall send this information to the
2.
ICCAT Executive Secretariat before 15 June 2007 so that
those vessels can be entered on the ICCAT record of
vessels authorised to fish for bluefin tuna.

The marketing of bluefin tuna caught in recreational

2.
fishing shall be prohibited except for charitable purposes.

3.
Each Member State shall record catch data from rec-
reational fishing and transmit this data to the Commission.
The Commission shall
information to the
Standing Committee on Research and Statistics of ICCAT.

forward that

Each Member State shall take the necessary measures
the release of
in the

4.
to ensure,
bluefin tuna
framework of recreational fishing.

to the greatest extent possible,

especially juveniles,

caught

alive,

Article 80k

Sport fisheries

1.
Each Member State shall take the necessary measures
to regulate sport fishing, notably by fishing authorisations.

3.
Those Community fishing vessels concerned by this
Article and not entered into the ICCAT record may not
fish for, retain on board,
transfer or
land bluefin tuna in the eastern Atlantic and Mediterranean
Sea.

transport,

tranship,

Article 8a(2), (4), (6), (7) and (8) of Regulation (EC)

4.
No 1936/2001 shall apply mutatis mutandis.

Article 80m

Register of tuna traps authorised to fish for bluefin tuna

By 14 June 2007, each Member State shall send the
1.
Commission electronically a list of its authorised tuna traps
authorised to fish for bluefin tuna in the eastern Atlantic and
Mediterranean Sea by issue of a special fishing licence. The
list shall
include the name of the traps and the register
number.

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The Commission shall send the list

to the ICCAT
2.
Executive Secretariat before 15 June 2007 so that
these
tuna traps can be entered on the ICCAT record of tuna
traps authorised to fish for bluefin tuna.

State whose port he wants to use at least 48 hours before
the estimated time of arrival with the following:

(a) estimated time of arrival;

3.
Community tuna traps not entered into the ICCAT
record may not fish for, retain, tranship or land bluefin
tuna in the eastern Atlantic and Mediterranean Sea.

(b) estimated quantity of bluefin tuna retained on board;

Article 8a(2), (4), (6), (7) and (8) of Regulation (EC)

4.
No 1936/2001 shall apply mutatis mutandis.

Article 80n

Designated ports

It shall be prohibited to land and or tranship from
1.
vessels referred to in Article 80l any quantity of bluefin
tuna fished in east Atlantic and Mediterranean Sea at any
place other than ports designated by CPCs and by Member
States.

2. Member States shall designate a place to be used for
landing or a place close to the shore (designated ports)
where landing or transhipment operations of bluefin tuna
are permitted.

3. Member States shall transmit to the Commission no
later than 14 June 2007 a list of designated ports. The
Commission shall
information to the ICCAT
Executive Secretariat before 15 June 2007. Any subsequent
changes to the list shall be notified to the Commission for
transmission to the ICCAT Executive Secretariat, at least 15
days before the change shall come into force.

send this

Article 80o

Transhipment

1.
By way of derogation from Article 11 of Regulation
(EEC) No 2847/93 transhipment at sea of bluefin tuna in the
east Atlantic and Mediterranean Sea shall be prohibited,
vessels
tuna
except
operating in accordance with ICCAT Recommendation
2005(06) establishing a programme for transhipment for
large-scale tuna longline fishing vessels, as amended.

large-scale

longline

fishing

for

(c)

information on the geographical areas where the catches
of bluefin tuna to be transhipped were taken;

(d) the name of

the catching vessel which delivers the
bluefin tuna and its number in the ICCAT record of
authorised fishing vessels for bluefin tuna;

(e)

the receiving vessel,

the name of
its number in the
ICCAT record of authorised fishing vessels for bluefin
tuna;

(f)

the tonnage of bluefin tuna to be transhipped.

Catching fishing vessels

shall not be allowed to
they have obtained prior authorisation

3.
tranship, unless
from their flag State.

4.
The master of
transhipment starts,

the catching vessel shall, before the
inform its flag State of the following:

(a)

the quantities of bluefin tuna to be transhipped;

(b) the date and port of the transhipment;

(c)

the name, registration number and flag of the receiving
vessel and its number in the ICCAT record of authorised
fishing vessels for bluefin tuna;

(d) the geographical area of the tuna catches.

The competent authority of the Member State in which
5.
port the transhipment takes place shall inspect the receiving
vessel on arrival and check the cargo and documentation
related to the transhipment operation.

2.
Prior to entry into any port, the master of the receiving
vessel (catching vessel or processing vessel) or his represen-
tative, shall provide the competent authorities of the Member

6.
The competent authority of the Member State of which
port the transhipment takes place shall send a record of the
transhipment
the catching
to the flag State authority of
vessel, within 48 hours after the transhipment has ended.

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The masters of a Community vessel referred to in
7.
Article 80l shall complete and transmit the ICCAT tran-
shipment declaration to the competent authorities of the
Member State whose flag the vessels are flying. The
declaration shall be transmitted no later than 15 days after
the date of transhipment in port in accordance with the
format set out in Part III of Annex XVIa.

Article 80p

Recording requirements

In addition to complying with Articles 6 and 8 of
1.
Regulation (EEC) No 2847/93, the master of a Community
fishing vessels referred to in Article 80l shall enter in the
logbook,
if applicable, the information listed in Part II of
Annex XVIa.

— the name and international radio call sign(s) of the

catching fishing vessel(s).

fishing
3. Where a catching vessel engaged in a joint
operation declares the quantity of bluefin tuna captured by
its fishing gear, the master shall indicate, for each catch, for
which vessel(s) and flag State(s) against whose quota the
catches shall be counted.

the master of

By way of derogation from the provision of Article 7
4.
a
of Regulation (EEC) No 2847/93,
Community vessel referred to in Article 80l of this Regu-
lation or his
representative shall notify the competent
authority of the Member State (including the flag Member
State) or the CPC whose ports or landing facility they wish
to use at least four hours before the estimated time of arrival
at the port, of the following:

The master of a Community vessel referred to in
fishing operation shall

2.
Article 80l engaged in a joint
record the additional information in their logbook:

(a) estimated time of arrival;

(a) where the catch is taken on board or transferred into

cages:

(b) estimate of quantity of bluefin tuna retain on board;

— the date and the time of the catch taken in a joint

fishing operation,

— the location (longitude/latitude) of the catch taken in

a joint fishing operation,

— amount of catches of bluefin tuna taken on board, or

transferred into cages,

— the name and international radio call sign of the

fishing vessel;

(b) for those vessels, engaged in a joint fishing operation but

not involved in the transfer of fish:

(c)

information on the zone where the catches were taken.

landing in a designated port of a
5.
In the case of
Member State other
the
than the flag Member State,
relevant authority of that Member State shall send a record
of the landing to the flag authority of the vessel, within 48
hours after the landing has ended.

Article 80q

Control in port or in farm

1. Member States shall take the necessary measures to
ensure that all vessels referred to in ICCAT Record of
vessel authorised to fish for bluefin tuna entering a
designated port
tranship bluefin tuna
caught in the eastern Atlantic and Mediterranean Sea are
submitted to a control in port.

to land and/or

— the date and the time of the joint fishing operation,

2. Member States shall take the necessary measures to
control each caging operation in the fattening or farming
farms falling under their jurisdiction.

— the location (longitude/latitude) of the joint fishing

operation,

— state that no catches have been taken on board or
have been transferred into cages by that vessel,

3. When the fattening or farming farms are located in the
High Seas, the provisions of paragraph 2 shall apply, mutatis
mutandis,
legal
persons responsible for the fattening or farming farm are
established.

to Member States where the natural or

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Article 80r

Catch reports

Article 80t

Caging operations

The master of a catching fishing vessel referred to in
1.
Article 80l shall send to the competent authorities of his flag
Member State a catch report stating the quantities of bluefin
tuna caught by his vessel, including zero catch returns.

2.
The report shall for the first time be transmitted at the
latest at the end of the 10 days after the entry into Eastern
Atlantic and Mediterranean Sea or after the beginning of the
fishing trip. In the case of joint fishing operations the master
of the catching vessel shall indicate, for each catch, for which
vessel or vessels the catches shall be counted against the
quota of the Flag State(s).

3.
From the date of entry into force of this Regulation,
the master of a fishing vessel shall transmit the report on the
quantity of bluefin tuna, including zero catch returns on a
five days basis.

Each Member State shall, upon receipt, forward catch
4.
reports by electronic means or other means
to the
Commission. The Commission shall promptly forward that
information to the ICCAT Secretariat.

shall

inform the Commission, by
5. Member States
computer-readable form, before the fifteenth day of each
month, of
in the
Eastern Atlantic and Mediterranean Sea which have been
landed, transhipped, trapped or caged by the vessel flying
their flag during the preceding month.

the quantities of bluefin tuna caught

Article 80s

Cross-check

1. Member States shall verify,
(vessel monitoring
logbooks
logbooks of
document and in the catch documents.

relevant
their vessels,

including by using VMS
submission of
in the
in the transfer/transhipment

information recorded

system)

data,

and

the

2.
The Member States shall carry out administrative cross-
checks on all landings, all transhipment or caging between
the quantities by species recorded in the vessels logbook or
quantities
transhipment
recorded
declaration and the quantities
recorded in the landing
declaration or caging declaration, and any other relevant
document, such as invoice and/or sales notes.

in the

species

by

The Member State under whose

jurisdiction the
1.
fattening or farming farm for bluefin tuna is located shall
submit within one week of the completion of the caging
operation a caging report, validated by an observer, to the
Member State or CPC whose flag vessels have fished the tuna
and to the Commission. The Commission shall promptly
forward that
information to the ICCAT Secretariat. This
report shall contain the information included in the caging
declaration as referred to in Article 4 b of Regulation (EC)
No 1936/2001.

2. When the fattening or farming farms are located in the
to
High Seas, paragraph 1 shall apply, mutatis mutandis,
Member States where the natural or legal persons responsible
for fattening or farming farms are established.

3.
Before any transfer activity, the flag Member State or
the flag CPC of the catching vessel shall be informed by the
competent authority of
farming farm
Member State of the transfer into cage of quantities caught
by fishing vessels flying its flag.

the fattening or

The flag Member State of the catching vessel shall request
the competent authority of the fattening or farming farm
Member State to proceed to the seizure of the catches and
the release of the fish into the sea if it considers on receipt of
that information that:

(a)

the fishing vessel declared to have caught the fish had
not sufficient individual quota for bluefin tuna put into
the cage or,

(b) the quantity of fish has not been duly reported and not
taken into account for the calculation of any quota that
may be applicable or,

(c)

the fishing vessel declared to have caught the fish is not
authorised to fish for bluefin tuna.

4.
shall
The master of a Community fishing vessel
complete and transmit to the flag Member State or to the
flag CPC the ICCAT transfer declaration not later than 15
days after the date of transfer to tug vessels or to the cage, in
accordance with the format set out in Part III of Annex XVIa.
The transfer declaration shall accompany the transferred fish
during transport to the cage.

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Article 80u

Trap activities

Each Member State under whose jurisdiction the
2.
fattening or farming farm for bluefin tuna is located shall
ensure an observer presence during all transfer of bluefin
tuna to the cages and all harvest of fish from the farm.

Catches by trap shall be recorded after the end of every
1.
fishing operation in tuna traps and shall be transmitted in a
catch record by electronic means or other means within 48
hours after
the end of every fishing operation to the
competent authority of the Member State where the trap is
located.

Each Member State shall, upon receipt,

2.
forward the
catch record by electronic means to the Commission. The
Commission shall promptly forward the information to the
ICCAT Secretariat.

Article 80v

Observer programme

Each Member State shall ensure observer coverage on

1.
its fishing vessels over 15m in length for at least:

(a) 20 % of its active purse seine vessels. In the case of joint
fishing operations, an observer shall be present during
the fishing operation;

(b) 20 % of its active pelagic trawlers;

(c) 20 % of its active longline vessels;

(d) 20 % of its active bait boats;

(e) 100 % during the harvesting process for tuna traps.

The observer tasks shall be, in particular, to:

(a) monitor a vessel compliance with the present Chapter;

(b) record and report upon the fishing activity;

(c) observe and estimate catches and verify entries made in

the logbook;

(d) sight and record vessels which may be fishing contrary

to ICCAT conservation measures.

In addition, the observer shall carry out scientific work, such
as collecting Task II data as defined by ICCAT, when
required by ICCAT, based on the instructions from the
Standing Committee on Research and Statistics of ICCAT.

The observer tasks shall be, in particular, to:

(a) observe and monitor farming operation compliance in
accordance with Article 4a, 4b and 4c of Regulation (EC)
No 1936/2001;

(b) validate the caging report referred to in Article 80t;

(c) carry out such scientific work, for example collecting
samples, as required by the International Commission
for the Conservation of the Atlantic Tunas based on
the
from the Standing Committee on
Research and Statistics of ICCAT.

instructions

Article 80w

Financing

The special measures for bluefin tuna in the eastern Atlantic
and Mediterranean, for the sole purpose of their financing,
shall be deemed to be a recovery plan within the meaning of
Article 5 of Regulation (EC) No 2371/2002 and shall be
eligible under Article 21(a)(i) of Regulation (EC) No
1198/2006 of 27 July 2006 of
the European Fisheries
Fund (1).

Article 80x

Market measures

1.
Community trade, landing, imports, exports, placing in
cages for fattening or farming, re-exports and transhipments
of eastern Atlantic and Mediterranean bluefin tuna species
that are not accompanied by accurate, complete, and
validated documentation required by this Chapter shall be
prohibited.

2.
Community trade, imports, landings, placing in cages
for fattening or farming, fattening, processing, exports, re-
exports and the transhipment of eastern Atlantic and
thynnus) caught by
Mediterranean bluefin tuna (thunnus
fishing vessels whose flag State either does not have a
quota, catch limit or allocation of fishing effort for eastern
Atlantic and Mediterranean bluefin tuna, under the terms of
ICCAT management and conservation measures, or when the
flag State
shall be
prohibited.

fishing possibilities

exhausted,

are

___________
(1) OJ L 223, 15.8.2006, p. 1.

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trade,

Community

landings, processing,
3.
exports
that do not
comply with ICCAT Recommendation 2006[07] on bluefin
Tuna Farming shall be prohibited.

from fattening or

farming farms

imports,

Article 80y

Conversion factors

joint

inspection programmes

Community. It may draw up, in concert with the Member
States concerned,
that
purpose which will enable the Community to fulfil its obli-
gation under the Scheme. The Member States whose vessels
the
are engaged in fishery on bluefin tuna shall adopt
necessary measures
to facilitate the implementation of
these programmes particularly as regards the human and
material
required and the periods and zones
when these are to be deployed.

resources

for

The conversion factors adopted by the Standing Committee
on Research and Statistics of ICCAT shall apply to calculate
the equivalent round weight of the processed bluefin tuna.

Article 80z

ICCAT Scheme of Joint International Inspection

1.
The ICCAT Scheme of Joint International Inspection
adopted by ICCAT at its Fourth Regular Meeting (Madrid,
November 1975) shall apply in the Community. The text of
the scheme is reproduced in Part IV of Annex XVIa.

5. Member States shall
inform the Commission by 14
June 2007 of the names of the inspectors and the inspection
vessels they are intending to assign to the Scheme during the
following year. Using this information the Commission shall
draw up, in collaboration with the Member States, a forward
plan for Community participation in the Scheme in 2007,
which it shall send to the ICCAT Secretariat and the Member
States.’

2. Annex I D shall be amended in accordance with Annex I to

this Regulation.

2. Member States whose fishing vessels are authorised to
fish bluefin tuna in the eastern Atlantic and Mediterranean
Sea shall assign inspectors to carry out inspections at sea.

3. The text in Annex II to this Regulation shall be inserted as

Annex XVIa.

The Commission or a body designated by it may assign

3.
Community inspectors to the Scheme.

Article 2

Entry into force

4.
dinate the surveillance and inspection activities for

The Commission or a body designated by it shall coor-
the

This Regulation shall enter into force on the day of its publi-
cation 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, 11 June 2007.

For the Council
The President

H. SEEHOFER

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In Annex I D to Regulation (EC) No 41/2007 the entry concerning the bluefin tuna in zone Atlantic Ocean, east of
longitude 45° W, and Mediterranean shall be replaced by the following:

ANNEX I

Species:

Bluefin tuna
Thunnus thynnus

Zone:

Atlantic Ocean, east of longitude 45° W, and
Mediterranean
BFT/AE045W

‘Cyprus
Greece
Spain
France
Italy
Malta
Portugal
All Member States
EC

154,68
287,23
5 568,21
5 493,65
4 336,31
355,59
523,88
60 (1)
16 779,55

TAC
___________
(1) Except Cyprus, Greece, Spain, France, Italy, Malta and Portugal, and only as by-catch.’

29 500

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The following Annex shall be inserted into Regulation (EC) No 41/2007:

ANNEX II

‘ANNEX XVIa

ICCAT Recovery Plan for Bluefin Tuna

Part I

Specific conditions applying to bait boat, trolling boat and pelagic trawler fisheries in the Eastern Atlantic

1. Each Member State shall limit the maximum number of its bait boat and trolling boats authorised to fish bluefin tuna

to the number of the vessels participating in directed fishery for bluefin tuna in 2006.

2. Each Member State shall limit the maximum number of its pelagic trawler vessels authorised to fish bluefin tuna as

by-catch.

3. By 30 June 2007, Member States shall submit to the Commission the number of fishing vessels established pursuant

to paragraphs 1 and 2. The Commission shall promptly forward that information to the ICCAT Secretariat.

4. (a) Each Member State shall ensure that vessels to which a special fishing permit referred to in paragraphs 1 and 2
has been issued are included in a list containing their name and Community fleet register number (CFR) as
defined in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community
fishing fleet register (1).

(b) Each Member State shall send to the Commission the list referred to in paragraph (a) and all subsequent

amendments in a computer readable form.

(c) Amendments to the list referred to in paragraph (4 a) shall be transmitted to the Commission at least five days
prior to the date that the vessel newly inserted in that list enters the Eastern Atlantic. The Commission shall
promptly forward amendments to the ICCAT Secretariat.

5. No more than 10 % of the Community quota for bluefin tuna shall be allocated among the authorised vessels
referred to in paragraphs 1 and 2, with up to a maximum of 200 tonnes of bluefin tuna weighing no less than 6,4
kg or 70 cm caught by bait boat vessels of an overall length of less than 17 m.

6. No more than 2 % of the Community quota for bluefin tuna may be allocated among its coastal artisanal fishery for

fresh fish.

7. (a)

It shall be prohibited to land and/or tranship from vessels referred to in paragraphs 1 and 2 of the present Annex
any quantity of bluefin tuna fished in East Atlantic at any place other than ports designated by Member States or
by CPCs;

(b) Member States shall designate a place used for landing or a place closed to the shore (designated ports) where

landing or transhipment operations of bluefin tuna are permitted;

(c) Member States shall transmit to the Commission no later than 30 June 2007 a list of designated ports. The
Commission shall send this information to the ICCAT Executive Secretariat before 1 July 2007. Any subsequent
changes to the list shall be notified to the Commission for transmission to the ICCAT Executive Secretariat, at
least 15 days before the change shall come into force.

8. By way of derogation from the provision of Article 7 of Regulation (EEC) No 2847/93, the master of a Community
vessel referred to in paragraphs 1 and 2 or his representative must notify the competent authority of the Member
State (including the competent authority of their flag State) or of the CPC in whose ports or landing facility they
whish to use at least 4 hours before the estimated time of arrival at the port, of the following:

(a) estimated time of arrival;

(b) estimate of quantity of bluefin tuna retain on board;

(c)

information on the zone where the catches were taken.

(1) OJ L 5, 9.1.2004, p. 25.

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9. Each Member State shall implement a catch reporting regime that insures effective monitoring of the utilisation of

each vessel's quota.

10. Bluefin tuna catches may not be offered for retail sale to the final consumer, irrespective of the marketing method,

unless appropriate marking or labelling indicates:

(a)

the species, fishing gear used;

(b) the catch area and date.

11. Beginning 1 July 2007, Member States whose bait boats are authorised to fish for bluefin tuna in the East Atlantic

shall institute tail tag requirements as follows:

(a) Tail tags must be affixed on each bluefin tuna immediately upon offloading.

(b) Each tail tag shall have a unique identification number and be included on bluefin tuna statistical documents and

written on the outside of any package containing tuna.

Part II

Specification for logbooks

Minimum specifications for logbooks:

1. The logbook must be numbered by sheets.

2. The logbook must be filled every day (midnight) or before port arrival.

3. The logbook must be completed in case of at sea inspections.

4. One copy of the sheets must remain attached to the logbook.

5. Logbooks must be kept on board to cover a period of one year operation.

Minimum standard information for logbooks:

1. Master name and address.

2. Dates and ports of departure, dates and ports of arrival.

3. Vessel name, register number, ICCAT number and IMO number (if available). In case of joint fishing operations,
vessel names, register numbers, ICCAT numbers and IMO numbers (if available) of all the vessels involved in the
operation.

4. Fishing gear:

(a)

type FAO code

(b) Dimension (length, mesh size, number of hooks …)

5. Operations at sea with one line (minimum) per day of trip, providing:

(a) Activity (fishing, steaming …)

(b) Position: Exact daily positions (in degree and minutes), recorded for each fishing operation or at noon when no

fishing has been conducted during this day.

(c) Record of catches

6. Species identification:

(a) by FAO code

(b) round (RWT) weight in kg per day

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7. Master signature

8. Observer signature (if applicable)

9. Means of weight measure: estimation, weighing on board

10. The logbook is kept in equivalent live weight of fish and mentions the conversion factors used in the evaluation.

Minimum information in case of landing, transhipment/transfer:

1. Dates and port of landing/transhipment/transfer

2. Products

(a) presentation

(b) number of fish or boxes and quantity in kg

3. Signature of the master or vessel agent

Part III

ICCAT transfer/transhipment declaration

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In case of transfer of live fish indicate number of unit and live weight

Obligations in case of transfer/transhipment:

1. The original of the transfer/transhipment declaration must be provided to the recipient vessel tug/processing/transport).

2. The copy of the transfer/transhipment declaration must be kept by the correspondent catching fishing vessel.

3. Further transfers or transhipping operations shall be authorised by the relevant CP which authorised the vessel to

operate.

4. The original of the transfer/transhipment declaration has to be kept by the recipient vessel which holds the fish, up to

the farm or the landing place.

5. The transfer or transhipping operation shall be recorded in the log book of any vessel involved in the operation.

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Part IV

ICCAT scheme of joint international inspection

The ICCAT Commission agreed at its Fourth Regular Meeting (Madrid, November 1975) that:

Pursuant to paragraph 3 of Article IX of the Convention, the ICCAT Commission recommends the establishment of the
following arrangements for international control outside the waters under national
jurisdiction for the purpose of
ensuring the application of the Convention and the measures in force thereunder:

1. Control shall be carried out by inspectors of the fishery control services of Contracting Governments. The names of
the inspectors appointed for that purpose by their respective governments shall be notified to the Commission.

2. Ships carrying inspectors shall fly a special flag or pennant approved by the ICCAT Commission to indicate that the
inspector is carrying out international inspection duties. The names of the ships so used for the time being, which
may be either special inspection vessels or fishing vessels, shall be notified to the ICCAT Commission, as soon as may
be practical.

3. Each inspector shall carry a document of identify supplied by the authorities of the flag State in a form approved by
the ICCAT Commission and given him on appointment stating that he has authority to act under arrangements
approved by the ICCAT Commission.

4. Subject to the arrangements agreed under paragraph 9, a vessel employed for the time being in fishing for tuna or
tuna-like fishes in the Convention Area outside the waters under national jurisdiction shall stop when given the
appropriate signal in the International Code of Signals by a ship carrying an inspector unless actually carrying out
fishing operations, in which case it shall stop immediately once it has finished such operations. The master (1) of the
vessel shall permit the inspector, who may be accompanied by a witness, to board it. The master shall enable the
inspector to make such examination of catch or gear and any relevant documents as the inspector deems necessary
to verify the observance of the ICCAT Commission's recommendations in force in relation to the flag State of the
vessel concerned and the inspector may ask for any explanations that he deems necessary.

5. On boarding the vessel an inspector shall produce the document described in 3. Inspections shall be made so that the
vessel suffers the minimum interference and inconvenience and that degradation of the quality of the fish be avoided.
An inspector shall limit his enquiries to the ascertainment of the facts in relation to the observance of the ICCAT
Commission's recommendations in force in relation to the flag State of the vessel concerned.
In making his
examination an inspector may ask the master for any assistance he may require. He shall draw up a report of his
inspection in a form approved by the ICCAT Commission. He shall sign the report in the presence of the master of
the vessel who shall be entitled to add or have added to the report any observations which he may think suitable and
must sign such observations. Copies of the report shall be given to the master of the vessel and to the inspector's
government who shall transmit copies to the appropriate authorities of the flag State of the vessel and to the ICCAT
Commission. Where any infringement of the recommendations is discovered the inspector should, where possible,
also inform the competent authorities of the flag State, as notified to the ICCAT Commission, and any inspection
ship of the flag State known to be in the vicinity.

6. Resistance to an inspector or failure to comply with his directions shall be treated by the flag State of the vessel in a

manner similar to resistance to any inspector of that State or a failure to comply with his directions.

7. Inspectors shall carry out their duties under these arrangements in accordance with the rules set out in this
recommendation but they shall remain under the operational control of their national authorities and shall be
responsible to them.

8. Contracting Governments shall consider and act on reports of foreign inspectors under these arrangements on a
similar basis in accordance with their national legislation to the reports of national inspectors. The provisions of this
paragraph shall not impose any obligation on a Contracting Government to give the report of a foreign inspector a
higher evidential value than it would possess in the inspector's own country. Contracting Governments shall
collaborate in order to facilitate judicial or other proceedings arising from a report of an inspector under these
arrangements.

9.

(i) Contracting Governments shall inform the ICCAT Commission by the 1st of March each year of their provisional
plans for participation in these arrangements in the following year and the ICCAT Commission may make
suggestions to Contracting Governments for the coordination of national operations in this field including the
number of inspectors and ships carrying inspectors;

(ii) The arrangements set out in this recommendation and the plans for participation shall apply between Contracting
Governments unless otherwise agreed between them; and such agreement shall be notified to the ICCAT
Commission: Provided however, that implementation of the scheme shall be suspended between any two
Contracting Governments if either of
them has notified the ICCAT Commission to that effect, pending
completion of an agreement.

(1) Master refers to the individual in charge of the vessel.

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10.

(i) The fishing gear shall be inspected in accordance with the regulations in force for the subarea in which the

inspection takes place. The inspector will state the nature of this violation in this report.

(ii) Inspectors shall have the authority to inspect all fishing gear in use or that fishing gear on deck ready for use.

11. The inspector shall affix an identification mark approved by the ICCAT Commission to any fishing gear inspected
which appears to be in contravention of the ICCAT Commission's recommendations in force in relation to the flag
State of the vessel concerned and shall record this fact in his report.

12. The inspector may photograph the gear in such a way as to reveal those features which in his opinion are not in
conformity with the regulation in force, in which case the subjects photographed should be listed in the report and
copies of the photographs should be attached to the copy of the report to the flag State.

13. The inspector shall have authority, subject to any limitations imposed by the ICCAT Commission, to examine the
characteristics of catches, to establish whether the ICCAT Commission's recommendations are being complied with.
He shall report his findings to the authorities of the flag State of the inspected vessel as soon as possible. (Biennial
Report 1974-75, Part II).

Remarks

It was agreed to leave in abeyance the date of entry into effect of the International Inspection Scheme until the ICCAT
Commission decides otherwise.

ICCAT Pennant:

’.