2009/296/EC: Commission Decision of 25 March 2009 establishing a specific control and inspection programme related to the recovery of bluefin tuna in the eastern Atlantic and the Mediterranean (notified under document number C(2009) 2032)
Date: 2009-03-25
Institutions: European Commission
Subjects: Atlantic Ocean, Mediterranean Sea, authorised catch, conservation of fish stocks, fishing controls, fishing fleet, sea fish

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Official Journal of the European Union

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COMMISSION DECISION

of 25 March 2009

establishing a specific control and inspection programme related to the recovery of bluefin tuna in
the eastern Atlantic and the Mediterranean

(notified under document number C(2009) 2032)

(2009/296/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 2847/93 of
12 October 1993 establishing a control system applicable to
the common fisheries policy (1), and in particular Article 34c(1)
thereof,

Whereas:

(1)

(2)

(3)

The International Commission for the Conservation of
the Atlantic Tunas (ICCAT) has adopted in 2006 a
multi-annual
recovery plan for bluefin tuna in the
eastern Atlantic and Mediterranean (Recommendation
06-05), which entered into force on 13 June 2007.
That Recovery Plan was
transposed into European
Community (EC)
legislation on a temporary basis by
way of Council Regulation (EC) No 643/2007 (2) and
on a permanent basis by way of Council Regulation
(EC) No 1559/2007 (3).

The
on
ICCAT Recommendation 08-05 adopted
24 November 2008 amending Recommendation 06-05
to establish a multi-annual recovery plan for bluefin tuna
in the eastern Atlantic and the Mediterranean contains
important modifications. Those modifications have been
incorporated in the proposal
transposition into
Community law of Recommendation 08-05, which has
been transmitted by the Commission to the Council and
Parliament.

for

To ensure the success of the multi-annual recovery plan,
is necessary to establish a specific control and
it
inspection programme involving Greece, Spain, France,
Italy, Cyprus, Malta and Portugal, with the objective guar­
anteeing an appropriate level of implementation of the
conservation and control measures applicable to fishing
activities in relation to the recovery of the bluefin tuna
stock.

That specific control and inspection programme should
be set up for the period from 15 March 2009 to
15 March 2011. The results obtained by the application
of the specific control and inspection programme should
be periodically evaluated in cooperation with the Member
States concerned.

(5)

(6)

(7)

In order to harmonise the control and inspection of the
bluefin tuna fishery at Community level, it is appropriate
to draw up common rules for the control and inspection
activities to be carried out by the competent authorities
of the Member States concerned, and that Member States
adopt national control programmes in order to match
such common rules. To that end, benchmarks for the
intensity of control and inspection activities should be
fixed, as well as control and inspection priorities and
procedures.

To ensure the follow-up of infringements in accordance
with Article 25 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), a framework should be
set up under which all the authorities concerned may
request mutual assistance and exchange relevant infor­
mation in accordance with Articles 34a and 34b of
Regulation (EEC) No 2847/93 and Article 28 of Regu­
lation (EC) No 2371/2002.

inspection and surveillance activities should be
Joint
carried out in accordance with joint deployment plans
established by the Community Fisheries Control Agency
(CFCA)
set up by Council Regulation (EC) No
768/2005 (5).

(8)

The measures provided for in this Decision have been
established in concert with the Member States concerned.

(9)

The measures provided for
accordance with the opinion of
Fisheries and Aquaculture,

in this Decision are in
the Committee for

(1) OJ L 261, 20.10.1993, p. 1.
(2) OJ L 151, 13.6.2007, p. 1.
(3) OJ L 340, 22.12.2007, p. 8.

(4) OJ L 358, 31.12.2002, p. 59.
(5) OJ L 128, 21.5.2005, p. 1.

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HAS ADOPTED THIS DECISION:

Article 1

Subject-matter

This Decision establishes a specific control and inspection
programme in order to ensure the harmonised implementation
of the multi-annual recovery plan for bluefin tuna in the eastern
ICCAT on
Atlantic
24 November 2008.

and the Mediterranean adopted by

Article 2

Scope

1.
The specific control and inspection programme related to
the bluefin tuna in the eastern Atlantic and Mediterranean Sea
shall cover:

(a) all fishing activities by fishing vessels, traps and farms;

(b) all catches,
operations;

landings,

transfers,

transhipments and caging

(c) all related activities of

fattening,

farms and enterprises engaged in
caging,
farming or processing of bluefin tuna
and/or in trade of bluefin tuna products, including impor­
tation,
and
storage;

exportation and re-exportation,

transport

(d) the implementation of the annual fishing plans;

(e)

the prohibition to use spotting aircraft and helicopters;

(f)

the sport and recreational fisheries;

(g) the implementation of the ICCAT Scheme of Joint Inter­

national Inspection;

(h) the monitoring and follow-up of joint fishing operations;

(i)

the implementation of the measures on fishing and farming
capacities;

Article 3

National control programmes

Greece, Spain, France, Italy, Cyprus, Malta and Portugal
1.
in accordance
shall establish national control programmes,
with the common rules set out in Annex I, as regards the
activities listed in Article 2.

2.
The Member States referred to in paragraph 1 shall submit
to the Commission by 15 March 2009 and 2010 their national
control programmes and the annual implementation schedules.

3.
National control programmes shall contain all the data
listed in Annex II. The annual implementation schedules shall
include details as regards the human and material resources
allocated and the zones where those resources are to be
deployed.

Article 4

Cooperation between Member States

All Member States shall cooperate with the Member States
referred to in Article 3(1)
the
for
specific control and inspection programme.

the implementation of

Article 5

Commission inspections

Inspections may be carried out by Commission inspectors
the Member States
inspectors of
in accordance with Article 27 of Regulation (EC)

the assistance of

1.
without
concerned,
No 2371/2002.

2.
The competent authority of the Member State concerned
shall provide the Commission inspectors with the assistance
necessary
in
paragraph 1.

inspections provided

to conduct

the

for

3.
The Commission inspectors shall verify their findings with
the inspectors of the Member State concerned. To that end, they
shall meet after each of their inspection visits with officials of
the competent authority of the Member State concerned in
order to brief them as to their findings.

(j)

implementation of

the Member States’ observer
the
programme and the ICCAT regional observer programme;

Article 6

Joint inspection and surveillance activities

(k) the implementation of the rules on recording of authorised

catching vessels and other fishing vessels.

The specific control and inspection programme shall apply

2.
from 15 March 2009 to 15 March 2011.

joint

The Member States

referred to in Article 3(1)

inspection and surveillance

shall
1.
undertake
in
accordance with the Joint Deployment Plan established by the
Community Fisheries Control Agency on the basis of Article 12
of Regulation (EC) No 768/2005. The conduct of inspection
shall be in accordance with the provisions of Recommendation
08-05, the ICCAT Scheme of Joint International Inspection and
Annex I to this Decision.

activities

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2.

For that purpose, the Member States concerned shall:

(a) ensure that inspectors from other Member States concerned
are invited to participate in joint inspection and surveillance
activities;

(b) establish joint operational procedures applicable to their

surveillance crafts.

Article 7

Notification of surveillance and inspection activities

A Member State that
intends to conduct surveillance and
inspect fishing vessels in the waters under the jurisdiction of
another Member State, in the framework of a Joint Deployment
Plan established in accordance with Article 12 of Regulation
(EC) No 768/2005, shall notify its intentions to the contact
point of the coastal Member State concerned, referred to in
Article 3 of Commission Regulation (EC) No 1042/2006 (1),
and to the Community Fisheries Control Agency. The notifi­
cation shall contain the following information:

(a)

type, name and call sign of
the inspection vessels and
inspection aircraft on the basis of the list referred to in
Article 28(4) of Regulation (EC) No 2371/2002;

(b) the areas, as referred to in Article 1, where the surveillance

and inspection will be carried out;

(c)

the duration of the surveillance and inspection activities.

Article 8

Infringements

1. Member States whose inspectors discover any infrin­
gement while carrying out an inspection of the activities listed
in Article 2, shall
inform the following States of the date of
inspection and the details of the infringement:

(a)

the relevant flag Member State and/or ICCAT Contracting
Party, and, where appropriate;

3. Member States whose inspectors observe an activity or
infringement, as
condition that may constitute a serious
defined in Recommendation 08-05, shall
immediately notify
the flag authorities of the fishing vessel, directly as well as
through the ICCAT Secretariat and the Commission.

In case a serious infringement, as defined in Recommen­
4.
dation 08-05,
is discovered onboard a Community fishing
vessel, the flag Member State shall ensure that, following the
inspection, the fishing vessel flying its flag ceases all fishing
activities. The flag Member State shall
require the fishing
vessel to proceed immediately to a port designated by it and
where an investigation shall be initiated. If the fishing vessel is
not called to port, the flag Member State shall provide due
justification in a timely manner
to the Commission. The
Commission shall
information to the ICCAT
Executive Secretariat, who shall make it available to other
Contracting Parties.

forward that

5. Member States shall cooperate to ensure that,
if prose­
cution of an infringement is transferred to the Member State
of registration in accordance with Article 31(4) of Regulation
(EEC) No 2847/93, the security and continuity of any evidence
of the infringement cited by its inspectors is guaranteed in each
case.

Article 9

Information

The Member States

1.
shall
communicate to the Commission, by the end of every month,
the following information concerning that month:

referred to in Article 3(1)

(a)

the inspection and control activities carried out;

(b) all infringements, including for each infringement the iden­

tification of:

(i) the fishing vessel (name, flag and external identification
code), the trap, the farm or the enterprise engaged in
the processing and/or trade of bluefin tuna products
concerned;

(b) the Member State where the farming installation or the
trade of

enterprise engaged in the processing and/or
bluefin tuna products is established.

(ii) the date, time and location of the inspection; and

(iii) the nature of the infringement;

2. When the Member State whose inspectors discovered the
infringement does not take further action, the Member States
informed under paragraph 1 shall take prompt action as appro­
priate to receive and consider the evidence of the infringement.
They shall conduct any further investigation as necessary for the
follow-up of the infringement.

(c)

the current state of play concerning the follow-up of infrin­
gements detected;

(1) OJ L 187, 8.7.2006, p. 14.

Member States.

(d) any relevant coordination and cooperation actions between

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An infringement shall continue to be listed on each
2.
subsequent report until
the action is concluded under the
laws of the Member State concerned. Each subsequent report
shall:

(a)

indicate the current status of the case (e.g. case pending,
under appeal, still under investigation); and

(b) describe in specific terms any penalties imposed (e.g. level of
fines, value of forfeited fish and/or gear, written warning
given).

3.
If an infringement is detected by a Community inspector
onboard a vessel flying the flag of another Member State, the
flag Member State authorities shall inform without delay that
Community inspector about the follow-up given to the infrin­
gement.

Reports shall include an explanation if no action has been

4.
taken.

Article 10

Evaluation

The Commission shall convene once a year, in early September,
a meeting of the Committee for Fisheries and Aquaculture to
evaluate the compliance with and the results of the specific
control and inspection programme with a view to prepare the
report the Community is required to provide to the ICCAT
Secretariat on 15 October each year.

Article 11

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 25 March 2009.

For the Commission

Joe BORG
Member of the Commission

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ANNEX I

COMMON RULES FOR NATIONAL CONTROL PROGRAMMES, AS REFERRED TO IN ARTICLE 3(1)

Objectives

1. The general objective of the national control programmes shall be the verification of compliance with applicable

legislation concerning:

(a)

full monitoring of caging operations taking place in the Community waters;

(b) full monitoring of transfer operations;

(c)

full monitoring of joint fishing operations;

(d) quantitative restrictions on catches and any specific conditions associated therewith, including the monitoring of

quota uptake;

(e) annual fishing plans;

(f) all documents required by the legislation applicable to bluefin tuna, in particular verifying the reliability of the

information recorded;

(g) specific technical measures and conditions for fishing for bluefin tuna as provided in Recommendation 08-05,

specifically the application of minimum size rules and associated conditions.

2. The specific objective of the national control programmes shall be to achieve the harmonised implementation of the

full provisions of the bluefin tuna recovery plan, established by Recommendation 08-05.

Strategy

The national control programme shall concentrate on control and inspection of fishing and all related activities by any
fishing vessel, trap, farm and enterprise engaged in the processing and/or trade of bluefin tuna products.

Inspections of transport and marketing of bluefin tuna shall be used as a complementary cross-checking mechanism to
test the efficiency of the control and inspection.

1.1. Priorities

Different gear categories shall be subject to different levels of prioritisation, according to the annual fishing plan. For
that reason, each Member State shall set specific priorities.

1.2. Target benchmarks

By 15 March each year, Member States shall set up their inspection schedules taking into account the following
inspection benchmark:

Place of inspection

Benchmark

Caging activities (including harvest)

Any transfer operation into a farm must have been authorised by the flag
Member State of the catching vessel.

Inspection at sea

Each caging operation and harvesting process shall be inspected.

All caging operations must be video recorded.

Flexible benchmark, to be set after a detailed analysis of the fishing activity in
each area. Benchmarks at sea shall refer to the number of patrol days at sea in
the bluefin tuna recovery specific area and shall refer as well to the number of
days of patrol identifying the fishing season and the type of fishing activity
targeted.

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Place of inspection

Benchmark

Transfer operation

All transfer operations must have been authorised previously by the flag States
on the basis of a prior notification.

Transhipments

A transfer declaration must be sent after any transfer operation.

All transfer operations must be video recorded.

All fishing vessels entering a designated port for the purpose of transhipment
operations involving bluefin tuna shall be controlled. Random checks shall be
made in non-designated ports.

All processing vessels shall be inspected on arrival before the transhipment
operations start, as well as before departure after the transhipment operations.

Joint fishing operation

All joint fishing operations must have been authorised previously by the flag
States.

Aerial surveillance

Landings

Marketing

Member States shall then establish and maintain a record of all joint fishing
operations authorised by them.

Flexible benchmark, to be set after a detailed analysis of the fishing activity
conducted in each area and taking into consideration the available resources at
the Member States’ disposal.

All vessels entering a designated port for the purpose of landing bluefin tuna
shall be inspected.

Random checks shall be made in non-designated ports.

Flexible benchmark, to be set after a detailed analysis of the marketing activity
conducted.

Sport and recreational fisheries

Flexible benchmark, to be set after a detailed analysis of the sport and recrea­
tional fisheries activities conducted.

Inspection tasks

1.3. General inspection tasks

An inspection report shall be drawn up for each control and inspection, in the format appended to this Annex.
Inspectors shall in any case verify and note in their report the following information:

(a) the details of the identity of the responsible persons, as well as those of the vessel, farm personnel etc. involved in

the activities inspected;

(b) the authorisations, licences and special fishing permits;

(c) relevant vessel documentation such as the logbooks, transfer and transhipment declarations, T2Ms, ICCAT bluefin
tuna catch documents, re-export certificates and other documentation examined for the purpose of the control
and inspection;

(d) detailed observation of the sizes of bluefin tuna caught, trapped, transferred, transhipped, landed, transported,

farmed, processed or traded in the context of compliance with the provisions of the recovery plan;

(e) the by-catch percentage of bluefin tuna retained on-board vessels not fishing actively for bluefin tuna.

The information referred to all relevant findings from the inspection done at sea, by aerial surveillance, in ports, traps,
farms or in any other enterprise concerned shall be noted in the inspection reports.

Those findings shall be compared with the information made available to the inspectors by other competent
information and lists of authorised vessels, observers’
authorities,
reports and video records.

including Vessel Monitoring System (VMS)

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1.4. Inspection tasks for aerial surveillance

Inspectors shall report on surveillance data for cross-checking purposes, and in particular verify sightings of fishing
vessels against VMS and authorised lists.

Inspectors shall sight and report on IUU fishing activities, and on the use of spotting aircraft or helicopters.

Particular attention shall be devoted to closure areas, fishing season’s periods and to the activities of fleets for which
derogations apply.

1.5. Inspection tasks at sea

Where dead fish are taken on-board the catching vessel or are present aboard a processing or a transport vessel,
inspectors shall always verify the quantities of fish retained on-board and compare them with the quantities recorded
in the relevant documentation on-board.

Where live fish are being transferred from catching vessels to caging vessel/transport tugs or from caging vessel/
transport tugs into farming installations, inspectors should seek to identify the means used by the parties involved to
estimate the quantities of live bluefin tuna transferred. Where video footage is available, inspectors should gain access
to, and verify the quantities transferred, as observed by the video footage.

Inspectors shall systematically verify:

(a) that the fishing vessels are authorised to operate (markings, identity, licence, special permits, authorisation, and

ICCAT list);

(b) that the relevant information is present on-board and duly completed and reported (logbooks, ICCAT bluefin tuna

catch documents, ICCAT transfer declaration and transhipment declaration);

(c) that the fishing vessels are equipped with an operational Vessel Monitoring System (VMS);

(d) that the fishing vessels are not operating inside close areas and are respecting the closure of fishing seasons;

(e) the respect of quotas and by-catch limitations;

(f)

the size composition of catches of bluefin tuna on-board;

(g) the physical quantities of bluefin tuna on-board, and their presentation;

(h) the fishing gear on-board;

(i)

the presence of an observer where it is relevant.

Inspectors shall sight and report on IUU fishing activities, and on the use of spotting aircraft or helicopters.

1.6. Inspection tasks at transfer operations

Inspectors shall systematically verify:

(a) that the master of the catching vessel has sent a prior notification, countersigned by the ICCAT regional observer

on-board, to its flag State authorities;

(b) that the master of the catching vessel has received a prior authorisation from its flag State authorities;

(c) that the masters of catching vessels have completed and transmitted to their flag State authorities the ICCAT

transfer declaration as attached (Annex 3) to Recommendation 08-05;

(d) that the transfer declaration has been verified by the ICCAT regional observer on-board the catching vessel and

transmitted to the master of the tug vessel;

(e) that the master of the tug vessel has ensured a monitoring of all the transfer activities by video camera in the

water.

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1.7. Inspection tasks at joint fishing operations

Inspectors shall systematically verify:

(a) that the relevant information concerning the joint fishing operation is duly reported in the fishing logbook;

(b) that a joint fishing operation authorisation has been delivered to the fishing vessels by their flag States’ authorities

using the model of Annex 6 of Recommendation 08-05;

(c) the presence of an observer during the joint fishing operation.

1.8. Inspection tasks at landing

Inspectors shall systematically verify:

(a) that the fishing vessels are authorised to operate (markings, identity, licence, special permits, authorisation, and

ICCAT list);

(b) that the pre-notification of arrival for landing was sent and contained the correct information concerning the

catch on-board;

(c) that the fishing vessels are equipped with an operational Vessel Monitoring System (VMS);

(d) for fishing vessels, that the relevant information is present on-board and duly completed and reported (logbooks,
bluefin tuna catch document, re-export certificate, ICCAT transfer declaration and transhipment declaration);

(e) the physical quantities of bluefin tuna on-board, and presentation;

(f)

the size composition of catches of bluefin tuna on-board (by-catch and minimum size rules);

(g) the fishing gear on-board;

(h) in the case of landing of processed products, the use of the ICCAT conversion factors to calculate the equivalent

round weight of the processed bluefin tuna;

(i)

that the bluefin tuna offered for retail sale to the final consumer, from fishing vessels in the eastern Atlantic, is
correctly marked or labelled;

(j)

that the bluefin tuna landed by the bait boats in the eastern Atlantic is correctly tail tagged.

1.9. Inspection tasks during transhipment

Inspectors shall systematically verify:

(a) that the fishing vessels are authorised to operate (markings, identity, licence, special permits, authorisation, and

ICCAT list);

(b) that the pre-notification of arrival

in port was sent and contained the correct information concerning the

transhipment;

(c) that catching vessels wishing to tranship have received prior authorisation from their flag State;

(d) that the quantities pre-notified to be transhipped are verified;

(e) that the relevant documentation is present on-board and duly completed, including the transhipment declaration,

the relevant T2Ms and ICCAT bluefin tuna catch document and re-export certificate;

(f)

in the case of processed products, the use of the ICCAT conversion factors to calculate the equivalent round
weight of the processed bluefin tuna.

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1.10. Inspection tasks on farm installations

Inspectors shall systematically verify:

(a) that the relevant documentation is present and duly completed and reported (bluefin tuna catch document and re-

export certificate, transfer declaration, harvesting declaration, transhipment declaration);

(b) that the transfer operation has been previously authorised by the catching vessel flag State authorities;

(c) that an observer was present during all transfer and harvesting of bluefin tuna, and has validated the caging

declarations;

(d) that all the transfer activities from cages to the farm have been monitored by video camera in the water, unless the

cages are directly fixed to the mooring system.

1.11. Inspection tasks concerning transports and marketing

Inspectors shall systematically verify:

(a) as regards transport, in particular the relevant accompanying documents and check them against the physical

quantities transported;

(b) as regards marketing, that the relevant documentation is present and duly completed,

including the relevant

bluefin tuna catch document and re-export certificate.

1.

Inspector

Report of Inspection

1.1. Name ........................................................................................................................................................................................................

1.2. Nationality ..............................................................................................................................................................................................

1.3. Inspector Identity Card number/type (ICCAT) ............................................................................................................................

2.

Inspection type
 Vessel at sea
 Transhipment
 Farm: transfer in/harvest
 Trap

 At landing
 Aerial surveillance
 Transport ashore
 Marketing

3.

Ship carrying the inspector (where appropriate)

3.1. Name and Registration .......................................................................................................................................................................

3.2. Flag ...........................................................................................................................................................................................................

4.

Vessel/Farm/Trap inspected

4.1. Name and Registration .......................................................................................................................................................................

4.2. Flag/Member State ................................................................................................................................................................................

4.3. Captain/Farm Manager (Name)

........................................................................................................................................................

4.4. Owner/Company (Name and address) ...........................................................................................................................................

4.5. ICCAT Record number .......................................................................................................................................................................

5.

Position

5.1. As determined by the inspector: Lat. Long.

5.2. Determined by the captain of the fishing vessel: Lat. Long.

5.3. Time (GMT) when position was recorded:

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6. Date ..........................................................................................................................................................................................................

7.

Time

7.1. On arrival

...............................................................................................................................................................................................

7.2. Of departure ..........................................................................................................................................................................................

8.

Fishing gear on-board


Purse seine
Pole & Line (Bait boat) 

Longline



Other (specify)

Trolling lines

9.

Species observed on-board

10. Statement of photographs taken with description of subjects

11. List of documents inspected and comments

12. Results of the inspection of the fish on-board

Species

Total Catch (kg)

Product Type

Sample Inspected

% Under Min Size

13.

Inspector’s comments

14. Observer’s comments

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ANNEX II

CONTENTS OF NATIONAL CONTROL PROGRAMMES AS REFERRED TO IN ARTICLE 3

National control programmes shall, inter alia, specify:

Means of control
— Human means

The numbers of shore-based and seagoing inspectors and the periods and zones where these are available to be deployed.

— Technical means

The numbers of patrol vessels and aircraft, and the periods and zones where these are available to be deployed.

— Financial means

The budgetary allocation for deployment of human resources, patrol vessels and aircraft.

Designation of ports

The list of the designated ports and designated times required under Recommendation 08-05.

Annual fishing plans

The details of any system in place for allocation of quotas, monitoring and control of the fishing plan.

Inspection protocols

Detailed Protocols for all inspection activities.

Guidelines
Explanatory guidelines for inspectors, producers’ organisations and fishermen.

Communication protocols

Protocols for communication with the competent authorities designated by other Member States as being responsible for
the specific control and inspection programme for bluefin tuna.