Council Regulation (EC) No 1099/2007 of 18 September 2007 amending Regulation (EC) No 601/2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources
Date: 2007-09-18
Institutions: Council of the European Union
Subjects: Antarctica, conservation of fish stocks, fishing area, fishing controls, fishing regulations, international convention

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COUNCIL REGULATION (EC) No 1099/2007

of 18 September 2007

amending Regulation (EC) No 601/2004 laying down certain control measures applicable to fishing
activities in the area covered by the Convention on the conservation of Antarctic marine living
resources

THE COUNCIL OF THE EUROPEAN UNION,

(d) vessel IMO number (if issued);

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

establishing the European

(e) where and when it was built;

Having regard to the proposal from the Commission,

(f) previous flag, if any;

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

(g)

international Radio Call Sign;

Whereas:

(1)

(2)

Council Regulation (EC) No 601/2004 (2)
implements
the
adopted
conservation measures
certain
Commission for the Conservation of Antarctic Marine
Living Resources, hereinafter referred to as ‘CCAMLR’.

by

At its twenty-third, twenty-fourth and twenty-fifth annual
meeting in November 2004, 2005 and 2006,
the
CCAMLR adopted a number of amendments to the
conservation measures in order to,
improve
licensing
environment,
requirements,
enhance scientific research for Dissostichus spp. as well
as combat illegal fishing activities.

inter alia,
the

protect

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

(h) name and address of vessel’s owner(s), and any bene-

ficial owner(s), if known;

(i)

colour photographs of the vessel, which shall consist
of:

(i) one photograph not smaller than 12 × 7 cm
showing the starboard side of the vessel, displaying
its
length and complete structural
features;

full overall

(ii) one photograph not smaller than 12 × 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 × 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;

1. Article 3(2) shall be replaced by the following:

(k)

the fishing area or areas;

‘2.
The Member States shall transmit to the Commission,
by computer transmission, within three days from the date
the
of
following information concerning the vessel covered by
the permit:

the permit referred to in paragraph 1,

issue of

(l)

the target species;

(m) the gear used;

(a)

the name of the vessel concerned;

(n) measures taken to ensure tamper-proof operation of
the satellite monitoring device installed on board.

(b)

type of vessel;

(c)

length;

Member States shall, to the extent practicable, also commu-
nicate to the Commission the following information
relating to vessels authorised to fish in the CCAMLR area:

(1) Opinion delivered on 10 July 2007 (not yet published in the Official

Journal).

(2) OJ L 97, 1.4.2004, p. 16.

(a) name and address of operator, if different from vessel

owner(s);

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

4. Article 6(3) shall be replaced by the following:

fishing master;

(c) type of fishing method or methods;

(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.

‘3.
The flag Member State shall notify the Commission
the annual
later than four months in advance of
not
meeting of
a
the CCAMLR of
Community fishing vessel to develop a new fishery in the
Convention area. The Member State shall not initiate a new
fishery pending completion of the process established by
the CCAMLR for the examination of this fishery.

intention of

the

The notification shall be accompanied by as much of the
following information as the Member State is able to
provide:

(a) the nature of

including target
the proposed fishery,
species, methods of fishing, the proposed region and
any minimum level of catches required to develop a
viable fishery;

(b) biological

information from comprehensive research/-
survey cruises, such as distribution, abundance, popu-
lation data and information on stock identity;

(c) details of dependent and associated species and the like-
lihood of such species being affected in any way at all
by the proposed fishery;

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

(d) information from other fisheries in the region or similar
fisheries elsewhere that may assist in the evaluation of
potential yield;

2. Article 4(3) shall be replaced by the following:

‘3.
Each Member State shall verify the information
referred to in paragraph 2 against data received through
the VMS systems operating on board Community fishing
vessels flying its flag. It shall transmit the VMS data to the
CCAMLR Secretariat by computer transmission within two
days from the date of its receipt, in a confidential manner
in accordance with the confidentiality rules established by
CCAMLR.’

3. The following Article shall be inserted:

(e) if

the proposed fishery is to be undertaken using
information on the known and
bottom trawl gear,
anticipated impacts of this gear on vulnerable marine
ecosystems,
including benthos and benthic commu-
nities.’

5. The following Articles shall be inserted:

‘Article 7a

Special requirements for exploratory fisheries

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

‘Article 5a

Notifications of intent to participate in a krill fishery

(a) vessels shall be prohibited from discharging:

All Contracting Parties intending to fish for krill
Convention Area shall notify the Secretariat of
intent not
than four months
less
regular annual meeting of
prior to the season in which they intend to fish.’

in the
their
the
immediately

in advance of

the CCAMLR,

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

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(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);

individual; from 1 September 2007 all tags for use in
an exploratory fishery shall be sourced from the Secre-
tariat;

(d) all recaptured tagged individuals (i.e. fish caught with a
previously inserted tag) shall not be re-released, even if
they were at liberty for only a short period;

(v) sewage within 12 nautical miles of

land or ice
shelves, or sewage while the ship is travelling at a
speed of less than four knots; or

(e) all recaptured tagged individuals shall be biologically
sampled (length, weight, sex, gonad stage), an electronic
time-stamped photograph taken of the fish, the otoliths
recovered and the tag removed;

(vi) incineration ash;

(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.

Article 7b

Tagging programme

Each fishing vessel participating in the exploratory
1.
fisheries shall implement a tagging programme as follows:

(a) Dissostichus spp. individuals shall be tagged and released
in accordance with the provisions
in the
CCAMLR Tagging Program and Protocol for Dissostichus
spp.
shall only
discontinue tagging after they have tagged 500 indi-
viduals, or leave the fishery having tagged Dissostichus
spp. at the specified rate;

fisheries. Vessels

in exploratory

set out

(b) the programme shall target individuals of all sizes in
order to meet the tagging requirement; only toothfish
that are in good condition shall be tagged. All released
individuals shall be double-tagged and releases shall
in
cover as broad a geographical area as possible;
regions where both Dissostichus
the
tagging rate shall,
in
proportion to the species and size of Dissostichus spp.
present in the catches;

species occur,
to the extent possible, be

(c) 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

(f) all

relevant

tag data and any data recording tag
reported electronically in the
to the CCAMLR within three

recaptures
CCAMLR format
months of the vessel departing these fisheries;

shall be

(g) 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
as detailed in the
repository
tag data
CCAMLR Tagging Protocol.

Toothfish that is tagged and released shall not be

2.
counted against the catch limits.’

6. Article 9(4) shall be replaced by the following:

‘4.
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
reporting period, of the catch and effort report transmitted
by each fishing vessel flying their flag and registered in the
Community. Each catch and effort report shall specify the
reporting period of the catch concerned.’

7. Article 9(5) shall be deleted.

8. Article 13(4) shall be replaced by the following:

‘4. 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.’

9. Article 14(4) shall be replaced by the following:

At

‘4.
transmit the notification received to the CCAMLR.’

the end of each month Member States shall

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10. Article 16(1) shall be replaced by the following:

(a) name and description of the vessel;

‘1. Without prejudice to Article 15 of Regulation (EEC)
No 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.’

(b) vessel call sign;

(c) registration number and the Lloyds/IMO number of the

vessel;

11. Article 17(2) shall be replaced by the following:

(d) flag state of the vessel;

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

(e) photographs of the vessel to support the report;

(f) any other relevant information regarding the observed

activities of the sighted vessel.

12. Article 18(1) and (2) shall be replaced by the following:

‘1.
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.

2.
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.’

13. Article 19(1) shall be replaced by the following:

The master shall

2.
forward a report containing the
information referred to in paragraph 1 to his Flag State
as soon as possible. The Flag State shall submit to the
CCAMLR Secretariat any such reports if the sighted vessel
according to CCAMLR
is
standards.’

engaged in IUU activities

15. Article 28(1) shall be replaced by the following:

‘1.
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:

‘1.
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
fishery, with a copy to the
and effort data for
Commission. The data shall
the number of
seabirds and marine mammals caught and released or
killed.’

include

that

the special

fishing permit

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

licence

issued

a

14. The following Article shall be inserted:

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

‘Article 26a

Report of vessel sighting

1.
In the event that the master of a licensed fishing
vessel sights a fishing vessel within the Convention area,
the master shall, where possible, document as much infor-
mation as possible on each such sighting, including:

(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;

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

danger or distress. Vessels allowed entry to port are
to be inspected in accordance with Article 27;

(f)

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

(e) where port access is granted to such vessels:

(g) engaged in fishing activities contrary to any other
that
the
the

CCAMLR conservation measures
undermines the attainment of
Convention as
Convention; or

in a manner
the objectives of
in Article XXII of

set out

(i) documentation and other

information,

including
Dissostichus Catch Documents where relevant are
examined, with a view to verifying the area in
which the catch was taken; and where the origin
cannot be adequately verified, the catch is detained
or any landing or transhipment of
the catch is
refused; and

(h) 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.’

(ii) where possible,

— in the event that the catch is found to have been
taken in contravention with CCAMLR conser-
vation measures, the catch is confiscated,

16. Article 30(1) and (2) shall be replaced by the following:

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

(a) no special fishing permit, as referred to in Article 3, is
issued to Community fishing vessels appearing on the
IUU vessel list to fish in the Convention area;

(b) no licence or special fishing permit is issued to vessels
appearing on the IUU vessel list to fish in waters under
their sovereignty or jurisdiction;

(c) their flag is not granted to vessels appearing on the IUU

vessel list;

— all

support

to such vessels,

including non-
emergency refuelling, resupplying and repairs is
prohibited;

(f)

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

2.

The following activities shall be prohibited:

(a) by derogation from Article 11 of Regulation (EEC)
No 2847/93, for Community fishing vessels, support
vessels,
and cargo
vessels to participate in any way in transhipment or
joint
re-supply
vessels appearing on the IUU vessel list;

fishing operations with, support or

refuelling vessels, mother-ships

(d) vessels appearing on the IUU list should be denied
access to ports unless for the purpose of enforcement
action or for reasons of force majeure or for rendering
assistance to vessels or persons on those vessels in

(c) to import, export or re-export Dissostichus spp. from

vessels appearing on the IUU vessel list.’

(b) to charter vessels appearing on the IUU vessel list;

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17. Article 31 shall be replaced by the following:

‘Article 31

Scheme to promote compliance by nationals with
CCAMLR conservation measures

1. Without prejudice to the primacy of the responsibility
of the Flag State, Member States shall
take appropriate
measures, subject to and in accordance with their applicable
laws and regulations, to:

(a) verify if any natural or legal persons subject to their
jurisdiction are engaged in IUU activities as described in
Article 28;

(c) cooperate

for

the purpose of

implementing the
measures and actions referred to in point(a). To this
States may
end,
cooperate
conservation
measures and seek cooperation by industries within
their jurisdiction.

of Member
CCAMLR

agencies
implement

relevant
to

2. Member States shall submit reports to the CCAMLR
Secretariat and the Contracting Parties and Non-Contracting
for the purpose of
Parties cooperating with CCAMLR,
implementing the Catch Documentation Scheme for Dissos-
tichus spp., on the actions and measures taken in accordance
with paragraph 1, in a timely fashion, with a copy to the
Commission, in order to assist with the implementation of
this conservation measure.’

Article 2

(b) take appropriate action in response to any verified

activities referred to in point(a); and

This Regulation shall enter into force on the seventh 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 Brussels, 18 September 2007.

For the Council
The President

R. PEREIRA