Council Regulation (EC) No 1559/2007 of 17 December 2007 establishing a multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean and amending Regulation (EC) No 520/2007
Date: 2007-12-17
Institutions: Council of the European Union
Subjects: Atlantic Ocean, Mediterranean Sea, catch quota, conservation of fish stocks, fishing controls, fishing regulations, sea fish

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COUNCIL REGULATION (EC) No 1559/2007

of 17 December 2007

establishing a multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean
and amending Regulation (EC) No 520/2007

THE COUNCIL OF THE EUROPEAN UNION,

(5)

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),

Whereas:

(1)

(2)

(3)

(4)

Since 14 November 1997, the Community has been a
Party to the International Convention for the Conser-
vation of Atlantic Tunas (2).

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.

In order to rebuild the stock, the ICCAT recovery plan
provides for a graduated reduction in the total allowable
catch (TAC) level from 2007 to 2010, restrictions on
fishing within certain areas and time periods, 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
inspection to ensure the
scheme of joint international
effectiveness of the recovery plan.

ICCAT,

In order
to comply with international obligations
the ICCAT
following the recommendation of
recovery plan for bluefin tuna in the Eastern Atlantic
and Mediterranean was implemented on a provisional
basis in Council Regulation (EC) No 643/2007 of 11
June 2007 amending Regulation (EC) No 41/2007 as
concerns
rec-
ommended by the International Commission for the
the
Conservation
adoption of a Regulation implementing multi-annual
measures to recover the bluefin tuna stock in 2007.

recovery plan for bluefin tuna

of Atlantic

Tunas (3)

pending

the

is

therefore necessary to implement

It
the ICCAT
recovery plan on a permanent basis by means of a Regu-
lation establishing a recovery plan as provided for in
Article 5 of Council Regulation (EC) No 2371/2002 of
20 December 2002 on the conservation and sustainable
exploitation of
fisheries resources under the Common
Fisheries Policy (4), which will apply from 1 January
2008.

Some technical measures adopted by ICCAT for bluefin
tuna have now been incorporated in Community law as
Regulation (EC) No 520/2007 of 7 May 2007 laying
down technical measures
conservation of
certain stocks of highly migratory species (5).

the

for

the

their

sole purpose of

For
financing until 31
December 2014, the measures for the implementation
of the ICCAT recovery plan adopted under this Regu-
lation, as well as those provisionally adopted under Regu-
lation (EC) No 643/2007, should be deemed to be a
recovery plan within the meaning of Article 5 of Regu-
lation (EC) No 2371/2002 with effect from the date of
the entry into force of Regulation (EC) No 643/2007.

The adoption of new technical measures adopted by
ICCAT for bluefin tuna and the updating of those in
force since the adoption of the above regulation require
the deletion of some provisions of Regulation (EC) No
520/2007 and their replacement by this Regulation,

(6)

(7)

(8)

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

This Regulation lays down the general rules for the application
by the Community of a multi-annual recovery plan for bluefin
tuna (thunnus
recommended by the International
Commission for
the Atlantic Tunas
(ICCAT). This Regulation shall apply to bluefin tuna in the
Eastern Atlantic and the Mediterranean.

the Conservation of

thynnus)

(1) Opinion of 15 November 2007 (not yet published in the Official

Journal).

(2) OJ L 162, 18.6.1986, p. 33.
(3) OJ L 151, 13.6.2007, p. 1.

(4) OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation

(EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).

(5) OJ L 123, 12.5.2007, p. 3.

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that recovery plan shall be to achieve a
The objective of
biomass corresponding to the maximum sustainable yield
(Bmsy) with greater than 50 % probability.

Article 2

Definitions

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

(i)

(j)

‘trans-shipment’ means the unloading of all or any of the
bluefin tuna on board a fishing vessel onto another fishing
vessel;

‘processing vessel’ means a vessel on board of which
fisheries products are subject
the
following operations, prior to their packaging: filleting or
slicing, freezing and/or transformation;

to one or more of

(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;

(k)

‘sport fishery’ means a non-commercial fishery whose par-
ticipants adhere to a national sport organisation or are
issued with a national sport licence;

‘fishing vessel’ means any vessel used or intended for use
resources,
for
the
vessels,
processing
including
tugboats and vessels engaged in transshipment;

commercial
fish

tuna
transport

exploitation of

vessels,

(l)

fishery’ means

‘recreational
fishery
whose participants do not adhere to a national sport
organisation or are not issued with a national sport licence;

a non-commercial

‘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;

(m) ‘Task II’ means Task II as defined by ICCAT in the ‘Field
manual for statistics and sampling Atlantic tunas and tuna-
like fish’ (Third edition, ICCAT, 1990);

(n)

‘transport vessel’ means a vessel receiving wild individuals
and transporting them to fattening or farming farms.

(d)

‘transfer activities’ means any transfer of bluefin tuna:

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

CHAPTER II

FISHING OPPORTUNITIES

Article 3

Total allowable catches (TACs)

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

vessel, transport vessel or to land;

fixed by ICCAT for Contracting Parties,

The TACs,
for the
bluefin tuna stock in the Eastern Atlantic and Mediterranean
shall be as follows:

(e)

‘tuna trap’ means fixed gear anchored to the bottom usually
containing a guide net that leads fish into an enclosure;

— in 2008: 28 500 tonnes,

(f)

‘caging’ means that live bluefin tuna is not taken on board
and includes both fattening and farming;

— in 2009: 27 500 tonnes,

(g)

‘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;

— in 2010: 25 500 tonnes.

(h)

‘farming’ means caging of bluefin tuna for a period longer
than one year, aiming to increase the total biomass;

However, where in the framework of ICCAT new TAC levels are
agreed, the Council, acting by a qualified majority on a proposal
from the Commission, shall adjust the TACs provided for in the
first paragraph accordingly.

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Article 4

1.
Each Member State shall take the necessary measures to
ensure that the fishing effort of its vessels and its traps are
commensurate with the fishing opportunities on bluefin tuna
available to that Member State in the Eastern Atlantic and
Mediterranean Sea.

2.
Each Member State shall draw up an annual fishing plan
for the vessels and traps fishing bluefin tuna in the Eastern
Atlantic and Mediterranean Sea. Member States whose quota
of bluefin tuna is less than 5 % of the Community quota may
adopt a specific method to manage their quota in their fishing
plan,
in which case the provisions of paragraph 3 shall not
apply.

The flag Member State may require the vessel to proceed im-
mediately to a port designated by it when the individual quota
is deemed to be exhausted.

6.
No later than 31 January, Member States shall report to
the Commission on the implementation of their annual fishing
plans for the preceding year. Those reports shall include:

(a)

the number of vessels actually engaged in fishing activities
involving bluefin tuna
and
Mediterranean;

in the Eastern Atlantic

(b) the catches of each vessel; and

3.

The annual fishing plan shall identify:

(c)

the total number of days each vessel fished in the Eastern
Atlantic and Mediterranean.

(a)

inter alia, the vessels over 24 metres included in the list
referred to in Article 12 and the individual quota allocated
to them;

(b) for the vessels less than 24 metres and traps, at least the
quota allocated to producer organisations or groups of
vessels fishing with similar gear.

4.
No later than 31 January each year, the annual fishing
plan shall be transmitted to the Commission. Any subsequent
modification to the annual
fishing plan or to the specific
method to manage their quota shall be transmitted to the
the
Commission at
activity corresponding to that modification.

least 10 days before the exercise of

The flag Member State shall take the action under this

5.
paragraph where a vessel flying its flag has:

(a)

failed in its reporting requirement referred to in Article
17(3);

7.
Private trade arrangements between nationals of a 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 conducted only under authorisation by the
Member State concerned, which shall inform the Commission,
and by the ICCAT Commission.

8.
By 1 March each year, Member States shall send to the
Commission the information on any private trade arrangements
between its nationals and a CPC.

The information referred to in paragraph 8 shall contain

9.
the following elements:

(a)

the fishing vessels flying the flag of

the list of all
the
Member State authorised to fish actively for bluefin tuna
under private trade arrangements;

(b) internal number of the vessel as defined in Annex I to
Commission Regulation
30
December 2003 on the Community fishing fleet register (1);

(EC) No

26/2004

of

(b) committed an infringement referred to in Article 26.

(d) Member State’s assent to the private arrangement;

(c)

length of the private trade arrangements;

The flag Member State shall ensure that a physical inspection
takes place under its authority in its ports or by another person
designated by the flag Member State when the vessel is not in a
Community port.

(e)

the name of the CPC concerned.

(1) OJ L 5, 9.1.2004, p. 25. Regulation as amended by Regulation

(EC) No 1799/2006 (OJ L 341, 7.12.2006, p. 26).

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The Commission shall send without delay the infor-
10.
mation referred to in paragraph 9 to the ICCAT Executive
Secretariat.

Article 7

Minimum size

11.
The Commission shall ensure that the percentage of a
CPC’s quota for bluefin tuna that may be used for chartering of
Community fishing vessels in accordance with Article 8b of
Council Regulation (EC) No 1936/2001 (1) shall not exceed
60 %, 40 % and 20 % of the total quota in 2007, 2008 and
2009 respectively.

The minimum size for bluefin tuna in the Eastern Atlantic

1.
and in the Mediterranean Sea shall be 30 kg or 115 cm.

2.
By way of derogation from paragraph 1 and without
prejudice to Article 9, a minimum size for bluefin tuna
(Thunnus
the
following bluefin tunas:

thynnus) of 8 kg or 75 cm shall apply for

12.
Chartering of Community fishing vessels for bluefin tuna
in the Eastern Atlantic and Mediterranean shall be prohibited in
2010 and the following years.

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

trolling boats and pelagic trawlers;

13.
Each Member State shall ensure that the number of its
bluefin tuna fishing vessels chartered and the duration of the
charter shall be commensurate with the quota allocated to the
charter nation.

(b) bluefin tuna caught

in the Adriatic Sea for

farming

purposes.

CHAPTER III

TECHNICAL MEASURES

Article 5

Closed fishing season

1.
Bluefin tuna fishing shall be prohibited in the Eastern
Atlantic and Mediterranean by large-scale pelagic longline
vessels over 24 metres during the period from 1 June to 31
December with the exception of the area delimited by west of
10° W and north of 42° N.

3.
For the purpose of paragraph 2(a), the Council, acting by
qualified majority on a proposal from the Commission, shall
determine the maximum number of bait boats, trolling boats
authorised to fish bluefin tuna and pelagic trawlers authorised
to fish bluefin tuna as by-catch. The number of bait boats and
trolling boats is set at the number of Community vessels par-
ticipating in directed fishery for bluefin tuna in 2006. The
number of pelagic trawler vessels is set at
the number of
Community vessels authorised to fish bluefin tuna as by-catch
in 2006.

2.
Purse seine fishing for bluefin tuna shall be prohibited in
the Eastern Atlantic and Mediterranean during the period from
1 July to 31 December.

4.
For the purpose of paragraph 2(a), the Council, acting by
qualified majority on a proposal from the Commission, shall
distribute among the Member States the number of vessels
determined in accordance with paragraph 3.

Bluefin tuna fishing by bait boats shall be prohibited in
3.
the Eastern Atlantic and Mediterranean during the period from
15 November to 15 May.

4.
Bluefin tuna fishing by pelagic trawlers shall be prohibited
in the Eastern Atlantic during the period from 15 November to
15 May.

Article 6

Use of planes

The use of aircraft or helicopters for searching for bluefin tuna
in the Convention Area shall be prohibited.

(1) OJ L 263, 3.10.2001, p. 1. Regulation as amended by Regulation

(EC) No 869/2004 (OJ L 162, 30.4.2004, p. 8).

5.
For the purpose of paragraph 2(a), no more than 10 % of
the Community quota for bluefin tuna between 8 kg or 75 cm
and 30 kg or 115 cm shall be allocated among the authorised
vessels referred to in paragraphs 3 and 4, 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
less than 17 m. The Council, acting by
qualified majority on a proposal from the Commission, shall
decide on the allocation of
the Community quota among
Member States.

length of

No more than 2 % of the Community quota for bluefin
6.
tuna between 8 and 30 kg may be allocated among its coastal
artisanal
fishery for fresh fish in the Eastern Atlantic. The
Council, acting by qualified majority on a proposal from the
Commission, shall decide on the allocation of the Community
quota among Member States.

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The additional specific conditions for bluefin tuna caught
7.
in the Eastern Atlantic by bait boats, trolling boats and pelagic
trawlers are set out in Annex I.

Article 10

Recreational fisheries

Article 8

Sampling plan for bluefin tuna

Each Member State shall establish a sampling programme
1.
for the estimation of the numbers-at-size of the bluefin tuna
captured.

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.

Additional methods and samplings shall be developed for

3.
fish reared for more than one year.

4.
Sampling shall be carried out during a harvest taken at
random and shall cover all cages. The data for sampling carried
out each year shall be notified to the Commission by 31 May of
the following year.

Article 9

By-catch

A by-catch of maximum 8 % of bluefin tuna weighing less
1.
than 30 kg and no less than 10 kg shall be authorised for all
fishing vessels fishing actively or not for bluefin tuna, without
prejudice to Article 7(2).

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

By-catch shall be deducted from the quota of the flag
3.
Member State. The discard of dead fish from the by-catch
referred to in paragraph 1 shall be prohibited while the
bluefin tuna fishery is open and shall be deducted from the
quota of the flag Member State.

Landings of by-catch of bluefin tuna shall be subject to

4.
Articles 14 and 18(1).

In the framework of recreational

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

The marketing of bluefin tuna caught

2.
fishing shall be prohibited except for charitable purposes.

in recreational

Each Member State shall record catch data from recr-
3.
eational fishing and communicate this data to the Commission.
The Commission shall forward that information to the Standing
Committee on Research and Statistics of ICCAT.

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

Article 11

Sport fishing

Each Member State shall take the necessary measures to

1.
regulate sport fishing, notably by fishing authorisations.

2.
The marketing of bluefin tuna caught in sport fishing
competitions shall be prohibited except for charitable purposes.

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

forward that

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

CHAPTER IV

CONTROL MEASURES

Article 12

Register of vessels authorised to fish actively for bluefin
tuna

1.
By 31 January 2008, 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.

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

It shall be prohibited to land and or tranship from vessels
3.
referred to in Article 12 any quantity of bluefin tuna fished in
Eastern Atlantic and Mediterranean Sea at any place other than
ports designated by CPCs and by Member States in accordance
with paragraphs 1 and 2.

3.
Those Community fishing vessels concerned by this
Article and not entered in the ICCAT record shall not fish
for,
land
transship,
bluefin tuna in the Eastern Atlantic and Mediterranean Sea.

retain on board,

transfer or

transport,

4.
This provision shall apply to landings or trans-shipments
by bait boats, trolling boats and pelagic trawlers having caught
bluefin tuna in the Eastern Atlantic in accordance with the
specific conditions set out in Annex I.

4.
The rules on fishing licences in Article 8a(2), (4), (6), (7)
and (8) of Regulation (EC) No 1936/2001 shall apply mutatis
mutandis.

Article 15

Recording requirements

Article 13

Register of tuna traps authorised to fish for bluefin tuna

1.
By 31 January 2008, each Member State shall send the
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
include the name of the traps and the register number.
shall

The Commission shall

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

send the list

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.

1.
In addition to complying with Article 6 and 8 of Council
Regulation (EEC) No 2847/93 of 12 October 1993 establishing
a control system applicable to the Common Fisheries Policy (1),
the master of a Community fishing vessel referred to in Article
12 shall enter in the logbook,
if applicable, the information
listed in Annex II.

2.
The master of a Community vessel referred to in Article
12 engaged in a joint fishing operation shall record the ad-
ditional information in its logbook:

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

— 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,

Article 8a(2), (4), (6), (7) and (8) of Regulation (EC) No

4.
1936/2001 shall apply mutatis mutandis.

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

transferred into cages,

Article 14

Designated ports

— the name and international radio call sign of the fishing

vessel;

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

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

not involved in the transfer of fish:

2. Member States shall transmit to the Commission no later
than 1 April of each year a list of designated ports. The
Commission shall
ICCAT
Executive Secretariat before 15 April of each year. Any
subsequent changes
shall be notified to the
Commission for transmission to the ICCAT Executive Secre-
tariat, at least 15 days before the change comes into force.

information to the

to the list

send this

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

— the location (longitude/latitude) of

the joint

fishing

operation,

(1) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 1098/2007 (OJ L 248, 22.9.2007, p. 1).

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— state that no catches have been taken on board or have

been transferred into cages by that vessel,

Each Member State shall, upon receipt,

forward catch
4.
reports by electronic or other means to the Commission. The
Commission shall promptly forward that information to the
ICCAT Secretariat.

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

the

catching fishing vessel(s).

3. Where a catching vessel engaged in a joint
fishing
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 must
be counted.

Article 16

Joint fishing operations

1.
Any joint fishing operations for bluefin tuna involving
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.

shall

States

inform the Commission,

5. Member
in
computer-readable form, before the 15th day of each month,
of the quantities of bluefin tuna caught in the Eastern Atlantic
and Mediterranean Sea which have been landed, trans-shipped,
trapped or caged by the vessel
flying their flag during the
preceding month. The Commission shall promptly forward
that information to the ICCAT Secretariat.

Article 18

Landings

By way of derogation from Article 7 of Regulation
1.
(EEC) No 2847/93,
the master of a Community vessel
referred to in Article 12 of this Regulation or his representative
the Member State
shall notify the competent authority of
(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:

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

(a) estimated time of arrival;

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

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

(c)

information on the zone where the catches were taken.

Article 17

Catch reports

The master of a catching fishing vessel referred to in
1.
Article 12 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 catch 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 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 1 June of each year, the master of a fishing vessel
shall transmit the catch report on the quantity of bluefin tuna,
including zero catch returns, on a five-day basis.

In the case of a landing in a designated port of a Member
2.
State other than the flag Member State, the relevant authority of
that Member State shall send a record of the landing to the flag
authority of the vessel, within 48 hours of the end of the
landing.

3.
This provision shall not apply to landings by bait boats,
trolling boats and pelagic trawlers having caught bluefin tuna in
the Eastern Atlantic.

Article 19

Trans-shipment

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

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Prior to entry into any port, the master of the receiving
2.
vessel (catching vessel or processing vessel) or his representative,
shall provide the competent authorities of the Member State
whose port he wants to use at
least 48 hours before the
estimated time of arrival with the following:

The master of a Community vessel referred to in Article
6.
12 shall complete and transmit
the ICCAT trans-shipment
declaration to the competent authorities of the Member State
whose flag the vessels are flying. The declaration shall be trans-
mitted no later than 15 days after the date of trans-shipment in
port in accordance with the format set out in Annex III.

(a) estimated time of arrival;

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

(c)

information on the geographical areas where the catches of
bluefin tuna to be transshipped 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 name of the receiving vessel, its number in the ICCAT
record of authorised fishing vessels for bluefin tuna;

(f)

the tonnage of bluefin tuna to be trans-shipped.

3.
Catching fishing vessels shall not be allowed to trans-ship,
unless they have obtained prior authorisation from their flag
State.

4.
The master of
trans-shipment starts,

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

(a)

the quantities of bluefin tuna to be trans-shipped;

(b) the date and port of the trans-shipment;

(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;

Article 20

Caging operations

1.
The Member State under whose jurisdiction the 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 4b of
Regulation (EC) No 1936/2001.

2. When the fattening or farming farms are located on the
high seas, paragraph 1 shall apply, mutatis mutandis, to Member
responsible for
States where the natural or
fattening or farming farms are established.

legal persons

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

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 infor-
mation that:

(d) the geographical area of the tuna catches.

(a)

the fish had
the fishing vessel declared to have caught
insufficient individual quota for bluefin tuna put into the
cage;

The competent authority of the Member State in which

5.
port the trans-shipment takes place shall:

(a)

inspect the receiving vessel on arrival and check the cargo
and documentation related to the trans-shipment operation;

(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

(b) send a record of

to the flag State
the transshipment
authority of the catching vessel, within 48 hours of the
end of the trans-shipment.

(c)

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

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The master of a Community fishing vessel shall complete
4.
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
in Annex III. The transfer declaration shall
format set out
accompany the transferred fish during transport to the cage.

quantities by species recorded in the trans-shipment declaration
and the quantities recorded in the landing declaration or caging
declaration, and any other relevant document, such as invoice
and/or sales notes.

Article 21

Trap activities

1.
Catches by trap shall be recorded after the end of every
fishing operation in tuna traps and shall be transmitted by
electronic means or other means within 48 hours of 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, forward the catch
2.
record
to the Commission. The
Commission shall promptly forward the information to the
ICCAT Secretariat.

electronic means

by

Article 22

Control in port or in farm

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

2. Member States
to
control each caging operation in the fattening or farming
farms falling within their jurisdiction.

take the necessary measures

shall

Article 24

ICCAT scheme of joint international inspection

The ICCAT scheme of

inspection
international
1.
adopted by ICCAT at
its Fourth Regular Meeting (Madrid,
November 1975) and set out in Annex IV to this Regulation
shall apply in the Community.

joint

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

The Commission or a body designated by it may assign

3.
Community inspectors to the Scheme.

for

concerned,

inspection programmes

and inspection activities

surveillance
It may draw up,
joint

The Commission or a body designated by it shall coor-
4.
the
dinate
the
in concert with the Member
Community.
that
for
States
purpose which will enable the Community to fulfil
its obli-
gation under the Scheme. The Member States whose vessels
are engaged in fishery on bluefin tuna shall adopt
the
necessary measures to facilitate the implementation of these
programmes particularly as regards the human and material
resources required and the periods and zones when these are
to be deployed.

3. When the fattening or farming farms are located on the
high seas, paragraph 2 shall apply, mutatis mutandis, to Member
States where the natural or legal persons responsible for the
fattening or farming farm are established.

5. Member States shall inform the Commission by 1 April of
each year 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 each year,
which it shall send to the ICCAT Secretariat and the Member
States.

Article 23

Cross-check

1. Member States shall verify, including by using VMS (vessel
monitoring system) data,
logbooks and
relevant information recorded in the logbooks of their vessels
in the transfer/trans-shipment document and in the catch
documents.

the submission of

Article 25

Observer programme

Each Member State shall ensure observer coverage on its

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

2.
The Member States shall carry out administrative cross-
checks on all landings, all trans-shipments or caging between
the quantities by species recorded in the vessels logbook or

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

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(b) 20 % of its active pelagic trawlers;

(c) 20 % of its active longline vessels;

(d) 20 % of its active bait boats;

Article 26

Enforcement

1. Member States shall
take enforcement measures with
respect to a fishing vessel flying their flag, where it has been
established,
in accordance with their law that the vessel does
not comply with Articles 4, 5, 7, 14, 15, 16, 17 and 19. The
measures may include, in particular, depending on the gravity of
the offence and in accordance with their national law:

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

(a)

fines;

The observer tasks shall be, in particular, to:

(a) monitor a vessel’s compliance with this Regulation;

(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.

(b) seizure of illegal fishing gear and catches;

(c) sequestration of the vessel;

(d) suspension or withdrawal of authorisation to fish;

(e) reduction or withdrawal of the fishing quota, if applicable.

to that

farm, where it has been established,

Each Member State within whose jurisdiction the bluefin
2.
take enforcement measures with
tuna farm is located shall
respect
in
accordance with its law that the farm does not comply with
Articles 20 and 25(2) of this Regulation and Articles 4a, 4b and
4c of Regulation (EC) No 1936/2001. The measures may
include in particular depending on the gravity of the offence
and in accordance with the national law:

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

(a)

fines;

The observer tasks shall be, in particular, to:

(b) suspension or withdrawal from the fattening farms register;

(a) observe and monitor

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

(c) prohibition of caging or marketing quantities of bluefin

tuna.

(b) validate the caging report referred to in Article 20 of this

Regulation;

Article 27

Market measures

(c) carry out

such scientific work,

for example collecting
samples, as required by the CAT based on the instructions
from the Standing Committee on Research and Statistics of
ICCAT.

landing,

Community trade,

imports, exports, placing in
1.
cages for fattening or farming, re-exports and trans-shipments
of Eastern Atlantic and Mediterranean bluefin tuna (thunnus
thynnus) that are not accompanied by accurate, complete and
validated documentation required by this Regulation shall be
prohibited.

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Community trade, imports, landings, placing in cages for
2.
fattening or farming, processing, exports, re-exports and the
trans-shipment of Eastern Atlantic and Mediterranean bluefin
tuna (thunnus thynnus) caught by fishing vessels whose flag
State 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’s fishing possibilities are
shall be prohibited. Based on the information
exhausted,
the Commission shall
received by the ICCAT Secretariat,
inform all
the Member States that a quota of a CPC is
exhausted.

Community trade,

landings, processing, exports
3.
from fattening or farming farms that do not comply with
ICCAT Recommendation 2006[07] on bluefin tuna farming
shall be prohibited.

imports,

Article 28

Conversion factors

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 29

Financing

annual recovery plan for bluefin tuna in the Eastern Atlantic
and Mediterranean shall be deemed to be a recovery plan within
the meaning of Article 5 of Regulation (EC) No 2371/2002.

CHAPTER V

FINAL PROVISIONS

Article 30

Amendments to Regulation (EC) No 520/2007

Regulation (EC) No 520/2007 is amended as follows:

1. Articles 6 and 11 shall be deleted;

2.

in Annex IV, the entry concerning bluefin tuna shall be
deleted.

Article 31

Entry into force and application

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

It shall apply from 1 January 2008.

For
the purpose of Article 21(a)(i) of Council Regulation
(EC) No 1198/2006 of 27 July 2006 on the European
Fisheries Fund (1) and until 31 December 2014 the multi-

However, Article 29 shall apply from 13 June 2007.

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

Done at Brussels, 17 December 2007.

For the Council
The President

J. SILVA

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

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ANNEX I

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

1. (a) Each Member State shall ensure that vessels to which a special fishing permit 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. Member States shall issue the special fishing permit only when a vessel has been
entered into the ICCAT record of vessels authorised to fish for bluefin tuna;

(b) by 1 April 2008, each Member State shall send to the Commission the list referred to in point (a) and all

subsequent amendments in a computer-readable form;

(c) amendments to the list referred to in point (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.

2. (a)

It shall be prohibited to land and/or tranship from vessels referred to in paragraph 1 of this Annex any quantity of
bluefin tuna fished in the Eastern 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 close to the shore (designated ports) where

landing or transshipment operations of bluefin tuna are permitted;

(c) Member States shall transmit to the Commission no later than 1 April of each year a list of designated ports. The
Commission shall send this information to the ICCAT Executive Secretariat before 15 April of each year. 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 comes into force.

3. 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 paragraph 1 and 2 of that Article 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 four 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.

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

vessel’s quota.

5. 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.

6. Member States whose bait boats are authorised to fish for bluefin tuna in the Eastern 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.

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ANNEX 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's 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;

7. master's signature;

8. observer's 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, transshipment/transfer:

1. dates and port of landing/transshipment/transfer;

2. products:

(a) presentation;

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

3. Signature of the master or vessel agent.

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ANNEX 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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ANNEX IV

ICCAT scheme of joint international inspection

The 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 ICCAT
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 an identity document supplied by the authorities of the flag State in a form approved by
the ICCAT Commission and giving him an 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 within its national jurisdiction shall stop when given the
appropriate signal in the International Code of Signals by a ship carrying an inspector unless it is 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 point (3). Inspections shall be made so
that the vessel suffers the minimum interference and inconvenience and the quality of the fish does not deteriorate.
An inspector shall limit his enquiries to the ascertainment of the observance of the ICCAT Commission’s recom-
mendations 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, which 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.

inspector shall carry out their duties under these arrangements in accordance with the rules set out in this recom-
mendation 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;

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

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9. (a) Contracting Governments shall inform the ICCAT Commission by 1 March each year of their provisional plans
for participation in these arrangements in the following year and the 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;

(b) 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;

10. (a)

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;

(b) 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).

ICCAT pennant: