Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 302/2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean
Date: 2011-06-08
Institutions: European Commission
Subjects: Atlantic Ocean, Mediterranean Sea, authorised catch, conservation of fish stocks, fishing area, fishing controls, fishing fleet, sea fish

EUROPEAN COMMISSION 

Brussels, 8.6.2011 
COM(2011) 330 final 

2011/0144 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 302/2009 concerning a multiannual recovery plan for 
bluefin tuna in the eastern Atlantic and Mediterranean 

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EXPLANATORY MEMORANDUM 

At its  Annual  Meeting in 2010, ICCAT adopted a Recommendation amending the recovery 
plan for bluefin tuna in the Eastern Atlantic and Mediterranean. 

In order to rebuild the stock, the ICCAT recovery plan was modified to provide for a further 
reduction of the TAC, to strengthen measures to reduce the fishing capacity and to reinforce 
the  control  measures,  particularly  as  regards  the  transfer  and  the  caging  operations.  These 
measures are aimed to ensure the effectiveness of the plan with the goal of achieving Bmsy, 
with at least 60 % probability. 

The  Community  has  been  a  Party  to  ICCAT  since  1997  and  the  Recommendations  become 
binding  on  Contracting  Parties  which  do  not  object  to  them.  As  a  Contracting  Party  to  this 
organisation, the European Union has a responsibility to apply Recommendations adopted to 
which it has raised no objections. 

The  purpose  of  this  proposal  is  to  transpose  into  Union  law  the  ICCAT  recommendation 
modifying the recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean.  

The proposal has no implications for the Union budget. 

The legal basis is Article 43(2) of the Treaty on the Functioning of the European Union. 

The European Parliament and the Council are hereby requested to adopt this proposal as soon 
as possible. 

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2011/0144 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 302/2009 concerning a multiannual recovery plan for 
bluefin tuna in the eastern Atlantic and Mediterranean 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2) thereof, 

Having regard to the proposal from the European Commission1 , 

Having regard to the opinion of the Economic and Social Committee, 

Acting in accordance with the ordinary legislative procedure 

Whereas: 

(1) 

(2) 

(3) 

The  International  Commission  for  the  Conservation  of  Atlantic  Tunas  (ICCAT)  has 
adopted a Recommendation 10-04 amending the multiannual recovery plan for bluefin 
tuna. In order to rebuild the stock, the recommendation provides for a further reduction 
of the total allowable catch, for strengthening measures to reduce the fishing capacity 
and for reinforcing the control measures, in particular as regards the transfer and the 
caging operations. 

That Recommendation is binding on the Union and should therefore be transposed. 

Certain provisions of Regulation (EC) No 302/20092 have become obsolete and should 
be  deleted.  Other  provisions  should  be  updated  with  regard  to  the  changes  in 
legislation. 

(4) 

Regulation (EC) No 302/2009 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 302/2009 is amended as follows: 

(1) 

In Article 1, paragraph 3 is replaced by the following: 

1 
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OJ C , , p. . 
OJ L 96, 15.04.2009, p.1 

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"The  objective  of  that  recovery  plan  shall  be  to  achive  a  biomass  corresponding  to 
the maximum sustainable yield with greater than 60% probability." 

(2) 

Article 2 is amended as follows: 

(a)  Point (d) is replaced by the following: 

“(d)  auxiliary  vessel’  means  any  vessel  used  to  transport  dead  bluefin  tuna  (not 
processed)  from  a  cage  or  a  tuna  trap  to  a  designated  port  and/or  to  a  processing 
vessel;” 

(b)  Point (h) is replaced by the following: 

"(h) Transfer operations" means: 

(i) 

any  transfer  of  live  bluefin  tuna  from  the  catching  vessel  net  to  the 
transport cage; 

(ii) 

any  transfer  of  live  bluefin  tuna  from  the  transport  cage  to  another 
transport cage; 

(iii)  any transfer of the cage with bluefin tuna from a towing vessel to another 

towing vessel; 

(iv)  any transfer of dead bluefin tuna from the transport cage to an auxiliary 

vessel; 

(v) 

any  transfer  from  a  bluefin  tuna  farm  or  a  tuna  trap  to  a  processing 
vessel, transport vessel, or transfer of cage containing bluefin tuna from 
one farm to another; 

(vi)  any transfer of live bluefin tuna from the trap to the transport cage.” 

(c)  Point (l) is replaced by the following: 

(l) "farming" means the caging of bluefin tuna for a period longer than six months, 
aimed at increasing the biomass;”. 

(d)  Point (q) is added: 

"(q)  "responsible Member State" and "Member State responsible for" mean the flag 
Member  State  or  the  Member  State  under  whose  jurisdiction  the  trap  or  farm  is 
located or, if the farm or trap is located on the high seas, the Member State where the 
trap or farm operator is established". 

(3) 

Article 4 is amended as follows: 

(a)  Paragraph 4 is replaced by the following: 

"4.  No  later  than  15  September  each  year,  Member  States  shall  transmit  to  the 
Commission  the  provisional  annual  fishing  plan  related  to  the  following  year.  The 
Commission  shall  transmit  the  Union  fishing  plan  to  the  ICCAT  Secretariat  for 
endorsement by ICCAT. 

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No later than 31 January each year, the final annual fishing plan shall be transmitted 
by  Member  States  to  the  Commission.  The  Commission  shall  transmit  the  Union 
fishing plan to the ICCAT Secretariat by 1 March each year." 

(b)  Paragraphs 12 and 14 are deleted. 

(4) 

Article 5 is amended as follows: 

(a)  Paragraph 7 is replaced by the following: 

"7. Without prejudice to paragraph 6, the fishing capacity referred to in paragraphs 2 
and 4 and Article 9 shall be reduced, so as to eliminate: 

(a) 

by  the  beginning  of  2010  for  each  Member  State  at  least  25  %  of  the 
discrepancy  between  its  fishing  capacity  and  its  fishing  capacity 
commensurate with its quota;  

(b)  by  the  beginning  of  2011  for  each  Member  State  at  least  75  %  of  the 
discrepancy  between  its  fishing  capacity  and  its  fishing  capacity 
commensurate with its quota; 

(c) 

by  the  beginning  of  2012  for  each  Member  State  at  least  95  %  of  the 
discrepancy  between  its  fishing  capacity  and  its  fishing  capacity 
commensurate with its quota; 

(d)  by  the  beginning  of  2013  for  each  Member  State  100  %  of  the 
discrepancy  between  its  fishing  capacity  and  its  fishing  capacity 
commensurate with its quota. 

The calculation of the fishing capacity reduction shall be based on the catch rates for 
categories of vessels estimated by the ICCAT Scientific Committee. 

This  reduction  requirement  shall  not  apply  to  a  Member  State  which  demonstrates 
that its fishing capacity is commensurate with its quota." 

(b)  Paragraph 9 is replaced by the following 

"9.  Each  Member  State  shall  establish  a  management  plan  of  fishing  capacity  over 
2010-2013. That plan shall be submitted to the Commission by 15 August 2009, and 
shall include the information referred to in paragraphs 2, 4, 6 and 7. Furthermore the 
plan shall include detailed information regarding the ways used by the Member State 
to  eliminate  overcapacity  in  addition  to  scrapping.  If  necessary,  the  plan  shall  be 
revised and submitted on an annual basis to the Commission by 15 August each year. 

The  Commission  shall  submit  the  Union  management  plan  of  fishing  capacity  to 
ICCAT for discussion and approval." 

(5) 

Article 7 is amended as follows: 

(a)  Paragraph 2 is replaced by the following: 

"2.  Purse seine fishing for bluefin tuna shall be prohibited in the eastern Atlantic 
and Mediterranean during the period from 15 June to15 May". 

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(b)  Paragraph 6 is deleted. 

(6) 

In Article 14, paragraph 2, the following subparagraph is added: 

“No  retroactive  inclusion  of  a  fishing  vessel  in  the  lists  referred  to  in  paragraph  1 
shall be accepted." 

(7) 

In Article 18, paragraph 1 is replaced by the following: 

"1.In  addition  to  complying  with  Article  14,  15,  23  and  24  of  Council  Regulation 
(EC) No 1224/2009of 20 November 2009 establishing a Community control system 
for ensuring compliance with the rules of the common fisheries policy3 , the master 
of  a  Community  catching  vessel  shall  enter  in  the  logbook,  if  applicable,  the 
information listed in Annex II." 

(8) 

In Article 19, paragraph 1, the following subparagraph is added: 

"Joint fishing operations with other CPCs shall not be permitted." 

(9) 

Article 22 is replaced by the following: 

"Article 22 

Transfer operations 

1. 
Before any transfer operation, the master of a catching or towing vessel or the 
operator of the farm or trap where the transfer in question originates shall send to the 
competent  authorities  of  the  respective  responsible  Member  State  a  prior  transfer 
notification indicating: 

a) 

name of the catching vessel, farm or trap and ICCAT number record; 

b) 

estimated time of transfer; 

c) 

d) 

e) 

estimate of quantity of bluefin tuna to be transferred; 

information  on  the  position  (latitude/longitude)  where  the  transfer  will  take 
place and identifiable cage numbers; 

name  of  the  receiving  towing  vessel,  number  of  cages  towed  and  ICCAT 
number record where appropriate; 

f) 

port, farm or cage of destination of the bluefin tuna. 

2. 
The responsible Member State shall assign and communicate to the master of 
the  fishing  vessel,  the  trap  operator  or  the  farm  operator,  as  appropriate,  an 
authorisation  number  for  each  transfer  operation.  The  transfer  operation  shall  not 
begin without a prior authorisation.  

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OJ L 343, 22.12.2009, p. 1. 

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The  authorisation  shall  be  issued  in  accordance  with  an  unique  numbering  system 
that includes the three letters of the CPCs code, four numbers showing the year and 
three letters indicating the authorisation (AUT) followed by sequential numbers, by 
the authorities of the responsible Member State. If the authorisation is refused, AUT 
shall be replaced by NEG (non-authorisation). 

The  responsible  Member  State  shall  communicate  the  authorisation  or  non 
authorisation  within  48  hours  following  the  submission  of  the  prior  transfer 
notification.  It  shall  not  authorise  the  transfer  if  it  considers  on  receipt  of  the  prior 
transfer notification, that: 

a) 

b) 

c) 

d) 

the catching vessel or the trap declared to have caught the fish does not have 
sufficient quota; 

the quantity of fish has not been duly reported by the catching vessel or trap or 
had  not  been  authorised  to  be  caged  and  not  taken  into  account  for  the 
consumption of the quota that may be applicable; 

the catching vessel declared to have caught the fish is not authorised to fish for 
bluefin tuna, or 

the  tug  vessel  declared  to  receive  the  transfer  of  fish  is  not  registered  in  the 
ICCAT "record of all other fishing vessels" referred to in Article 14 or is not 
equipped with a Vessel Monitoring System. 

In case the transfer is not authorised: 

a) 

b) 

c) 

the Member State responsible for the catching vessel shall issue a release order 
and inform the master of the catching vessel that the transfer is not authorised 
and to proceed to the release of the fish into the sea; 

the  captain  of  the  catching  vessel,  the  farm  operator  or  the  trap  operator,  as 
appropriate, shall release the fish into the sea ; 

the release of bluefin tuna into the sea shall be recorded by video camera and 
observed by an ICCAT regional observer who shall draft and submit a report 
together with the video recording to the ICCAT Secretariat. 

3. 
The  master  of  a  catching  or  towing  vessel,  the  trap  operator  or  the  farm 
operator, shall complete and transmit to the competent authorities of the responsible 
Member State, at the end of the transfer operation, the ICCAT transfer declaration, in 
accordance with the format set out in Annex VIIIa. 

Transfer declaration forms shall be numbered by the authorities of the Member State 
responsible  for  the  vessel,  farm  or  trap  from  where  this  transfer  originates.  The 
numbering  system  shall  include  the  3  letters  CPCs  code,  followed  by  4  numbers 
showing  the  year  and  3  sequential  numbers  followed  by  the  3  letters  ITD  (CPC-
20**/xxx/ITD). 

The original transfer declaration shall accompany the transfer of fish. A copy of the 
declaration shall be kept by the master of the catching vessel, the trap operator, the 
master of the towing vessel or the farm operator. 

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4.  Masters of vessels carrying out transfer operations (including towing vessels), 
shall report on their daily log the weight and number of fish transferred, as well as 
the catching vessel name, flag and ICCAT number, the name of the other vessel(s) 
involved and their ICCAT number, the date and position of transfer and the farm of 
destination. The daily log shall contain the details of all transfers carried out during 
the fishing season. The daily log shall be kept on board and be accessible at any time 
for control purposes. 

The  authorisation  for  transfer  by  the  responsible  Member  State  shall  not 

5. 
prejudge the authorisation of the caging operation. 

6. 
The master of the catching vessel, the farm operator or the trap operator, that 
transfers bluefin tuna shall ensure that the transfer activities be monitored by video 
camera in the water. 

Each video record of the transfers shall be produced in two copies. One copy shall be 
transmitted  to  the  regional  observer  and  one  to  the  CPC  observer,  or  national 
observer  where  applicable,  aboard  the  towing  vessel.  The  copy  transmitted  to  the 
CPC observer(s) shall accompany the transfer declaration and the associated catches 
to  which  it  relates.  At  the  beginning  and/or  end  of  each  video,  the  ICCAT  transfer 
declaration  number  must  be  displayed.  The  time  and  the  date  of  the  video  shall  be 
continuously  displayed  throughout  each  video  record.  The  Member  States  shall 
provide copies of video records to the ICCAT Scientific Committee upon request by 
the Commission. 

7. 
The  ICCAT  regional  observer  on  board  the  catching  vessel,  as  referred  to  in 
the  ICCAT  Regional  Observer  Programme  set  out  in  Annex  VII,  shall  record  and 
report  upon  the  transfer  activities  carried  out,  verify  the  position  of  the  catching 
vessel when engaged in transfer operation, observe and estimate catches transferred 
and verify entries made in the prior transfer authorisation as referred to in paragraph 
2 and in the ICCAT transfer declaration as referred to in paragraph 3. 

In  cases  where  the  estimation  by  the  regional  observer  is  at  least  10%  higher  by 
number and/or average weight than declared by the master of the catching vessel, an 
investigation  shall  be  initiated  by  the  Member  State  responsible  for  the  catching 
vessel and concluded prior to the time of caging at the farm. Pending the results of 
this  investigation,  caging  shall  not  be  authorized  and  the  catching  section  of  the 
Bluefin tuna catch document shall not be validated. 

8. 
The ICCAT regional observer shall sign with clearly written name and ICCAT 
number  the  ICCAT  transfer  declaration  and  shall  verify  that  the  ICCAT  transfer 
declaration is properly filled and transmitted to the master of the tug vessel. 

The  tuna  trap  operator  shall  complete  and  send  to  the  competent  authorities  of  its 
Member State the ICCAT transfer declaration at the end of the transfer operation to 
the fishing vessel, in accordance with the format set out in Annex IV.” 

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(10) 

Article 24 is replaced by the following: 

"Article 24 

Caging operations 

1. 
The Member State responsible for the farm 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  set  out  in  the  ICCAT  Recommendation  [06-07]  on  bluefin  tuna 
farming. 

2. 
Before any caging operation, the responsible Member State or the flag CPC of 
the catching vessel shall be informed by the competent authority of the Member State 
responsible for the farm of the caging of quantities caught by catching vessels flying 
its flag. 

The  Member  State  responsible  for  the  catching  vessel  shall  request  the 
3. 
Member  State,  or  CPC,  responsible  for  the  farm  to  proceed  to  the  seizure  of  the 
catches  and  the  release  of  the  fish  into  the  sea,  in  accordance  with  the  procedure 
described in Article 22 (2), if it considers on receipt of that information that: 

a) 

b) 

c) 

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

the quantity of fish has not been duly reported by the catching vessel and not 
taken into account for the calculation of the quota applicable;  

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

The caging operation shall not begin without the prior authorisation of the flag 

4. 
CPC or Member State responsible for the catching vessel. 

Bluefin  tuna  shall  be  caged  before  31  July  unless  the  Member  State,  or  CPC, 
responsible  for  the  farm  receiving  the  fish  provides  valid  reasons  including  force 
majeure, which shall accompany the caging report when submitted. 

5. 
The Member State responsible for the farm shall take the necessary measures 
to  prohibit  placing  in  cages  for  farming  or  fattening  bluefin  tuna  that  are  not 
accompanied by accurate, complete and validated documentation required by ICCAT 
including those required by this Regulation and Regulation (EU) No 640/2010 of the 
European  Parliament  and  of  the  Council  of  7 July  2010  establishing  a  catch 
documentation programme for bluefin tuna Thunnus thynnus and amending Council 
Regulation (EC) No 1984/20034. 

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OJ L 194, 24.07.2010, p.1 

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6. 
The  caging  authorisation  shall  be  granted  or  refused  by  the  responsible 
Member State, or CPC, as appropriate, within 48 hours following the submission of 
the information referred to in paragraph 3. In case the caging is not authorized, the 
Member State, or CPC, responsible for the catching vessel shall issue a release order 
to the Member State, or CPC, responsible for the towing vessel and/or to the Member 
State, or CPC, responsible for the farm, as appropriate, according to the procedures 
laid down in Article 22 (2). 

The Member State responsible for the farm shall ensure that caging activities 

7. 
shall be monitored by video camera in the water.  

One video record shall be produced for each  caging  operation.  At the beginning or 
end  of  each  video,  the  ICCAT  transfer  declaration  number  shall  be  displayed.  The 
time and the date of the video shall be continuously displayed throughout each video 
record.  

In cases where there is more than a  10% difference either by average weight 
8. 
and/or number between the estimate by the regional observer and the farm operator 
an  investigation  shall  be  initiated  by  the  Member  State  responsible  for  the  farm  in 
cooperation  with  the  flag  State  of  the  catching  vessel.  That  difference  shall  be 
this 
calculated  by  number  and/or  average  weight.  Pending 
investigation,  harvesting shall  not take place and the farming section  of  the bluefin 
tuna catch document shall not be validated. 

the  results  of 

If the investigation is not concluded within 10 working days or if the outcome of the 
investigation  indicates  that  the  number  and  or  average  weight  of  bluefin  tuna  is  in 
excess of 10% of that declared by the farm operator, the flag CPC or Member State 
responsible  for  the  catching  vessel  shall  issue  a  release  order  for  the  quantities  in 
excess. 

The  Member  State  responsible  for  the  farm  shall  ensure  that  the  release  order  is 
carried out by the farm operator within 48 hours following the arrival of a regional 
observer. The release shall be carried out in accordance to the procedures laid down 
in Article 22(2).  

In the event that the final estimation at the time of caging in the farm is greater than 
the final estimation at the time of first transfer from the catching vessel, the Member 
State,  or  CPC,  responsible  for  the  catching  vessel  shall  decide  on  the  final  quota 
uptake that they shall validate in the bluefin tuna catch document(s) concerned. 

9.  Member  States  shall  initiate  pilot  studies  on  how  to  better  estimate  both  the 
number  and  weight  of  bluefin  tuna  at  the  point  of  capture  and  caging  including 
through  the  use  of  stereoscopical  systems  and  report  the  results  to  the  ICCAT 
Scientific Committee. A sampling programme and/or an alternative programme shall 
be established at the time of caging in order to improve the counting and the weight 
estimations of the caged fish.” 

(11) 

In Article 25(1) the following subparagraphs are added: 

“The  transmission  of  VMS  data  by  fishing  vessels  included  in  the  "ICCAT  bluefin 
tuna  record  of  catching  vessels"  to  ICCAT  shall  start  at  least  15  days  before  the 
opening of the fishing seasons and shall continue at least 15 days after the closure of 

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the  fishing  seasons  unless  a  request  is  sent  in  advance  to  the  Commission  for  the 
vessel to be removed from the ICCAT record of vessels.  

For control purposes, the transmission of VMS data from fishing vessels authorised 
to fish bluefin tuna shall not be interrupted when vessels are in port unless there is a 
system of hailing in and out of port. 

Fishing  vessels  included  in  the  "ICCAT  bluefin  tuna  record  of  other  vessels"  shall 
transmit VMS data to ICCAT throughout the whole period of authorization”. 

(12) 

Article 26 is replaced by the following: 

"Article 26 

Recording and reporting of trap activities 

“1.  Catches  by  trap  shall  be  recorded  after  the  end  of  every  fishing  operation  in 
tuna traps and shall be transmitted, together with the estimated quantities remaining 
in the trap, by electronic means or other means within 48 hours of the end of every 
fishing operation to the competent authority of the Member State responsible for the 
trap. 

2. 
Each Member State shall, upon receipt, forward the catch record, together with 
the  estimated  quantities  remaining  in  the  trap,  by  electronic  means  to  the 
Commission. The Commission shall promptly forward the information to the ICCAT 
Secretariat.” 

(13) 

In article 29, paragraph 2, the following subparagraph is added: 

“When at any time, more than 15 fishing vessels of a Member State are engaged in 
bluefin  tuna  fishing  activities  in  the  ICCAT  Convention  area,  that  Member  State 
shall,  during  that  time  have  an  inspection  vessel  in  the  Convention  area,  or  shall 
cooperate  with  another  Member  State  or  CPC  to  jointly  operate  an  inspection 
vessel.”  

(14) 

In Article 30, paragraph 1 is replaced by the following: 

"1. Each Member State shall ensure national observer coverage on vessels active in 
the bluefin tuna fishery for at least: 

a) 

b) 

100  %  of  its  active  purse  seine  catching  vessels  equal  or  less  than  24  m  in 
2011; 

100  %  of  its  active  purse  seine  catching  vessels  equal  or  less  than  20  m  in 
2012; 

c) 

20 % of its active pelagic trawlers (over 15 m); 

d) 

20 % of its active longline catching vessels (over 15 m); 

e) 

20 % of its active baitboats (over 15 m); 

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f) 

100 % of its tuna traps during the harvesting process; 

g) 

100 % of its towing vessels.” 

(15) 

Article 31 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

“1. Each Member State shall ensure an ICCAT Regional observer presence on: 

a) 

all purse seine vessels over 24 m during all the 2011 fishing season; 

b) 

all purse seiner vessels over 20 m during the 2012 fishing season; 

c) 

all purse seine vessels irrespective of their length during all the fishing season 
from 2013 onward. 

Purse seine vessels referred to in (a), (b) and (c) without an ICCAT regional observer 
shall not be authorised to fish or to operate in the bluefin tuna fishery.” 

(b) 

In paragraph 2 the following subparagraph is added: 

“In case that bluefin tuna is harvested from the cage and traded as fresh products the 
regional  observer  that  observes  the  harvest  may  be  a  national  of  the  Member  State 
responsible for the farm.” 

(16) 

Article 32 is replaced by the following: 

"Article 32 

Access to video records 

Each Member State shall ensure that the video records referred in Articles 22 

1. 
(6) and 24 (7), are made available to the ICCAT inspectors and observers. 

Each Member State responsible for a farm shall ensure that the video records 
2. 
referred  in  Articles  22  (6)  and  24  (7),  are  made  available  to  Union  inspectors  and 
observers. 

Each  Member  State  shall  take  the  necessary  measures  to  avoid  any 

3. 
replacement, edition or manipulation of the original video record.” 

(17) 

The following Article 33a is inserted: 

"Article 33a 

Transmission of the Union inspection plan to the ICCAT  

No  later  than  15  September  each  year,  Member  States  shall  transmit  to  the 
Commission  their  inspection  plan  for  the  following  year.  The  Commission  shall 

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transmit the Union inspection plan to the ICCAT Secretariat for endorsement by the 
ICCAT." 

(18) 

In Article 34, paragraph 1 is replaced by the following: 

"1.  Domestic trade, landing, imports, exports, placing in the in cages for fattening 
or  farming,  re-exports  and  transhipments  of  eastern  Atlantic  and  Mediterranean 
bluefin  tuna  that  are  not  accompanied  by  accurate,  complete  and  validated 
documentation required by this Regulation and by Regulation (EU) No 640/2010 of 
the  European  Parliament  and  of  the  Council  of  7 July  2010  establishing  a  catch 
documentation programme for bluefin tuna Thunnus thynnus and amending Council 
Regulation (EC) No 1984/20035 shall be prohibited” 

(19) 

Annex III is replaced by the text in Annex I to this Regulation. 

(20) 

Annex VI is amended as follows: 

(a) 

In paragraph 1, the following point q) is added: 

“q) transhipment at sea”. 

(b)  Paragraph 2 is replaced by the following: 

“2. 
In the case of any boarding and inspection of a fishing vessel during which the 
authorized inspectors observe an activity or condition that would constitute a serious 
violation, as defined in paragraph 1, the authorities of the flag State of the inspection 
vessels shall immediately notify the flag State of the fishing vessel, directly as well 
as  through  the  ICCAT  Secretariat.  In  such  situations  the  inspector  shall,  where 
possible, also inform the competent authorities of the flag State of the fishing vessel, 
as notified to the ICCAT Secretariat, and any inspection ship of the flag State of the 
fishing vessel known to be in the vicinity. 

ICCAT  inspectors  shall  register  the  inspections  undertaken  and  the  infringements 
detected (if any) in the fishing vessel logbook.” 

(c) 

in the first subparagraph of paragraph 3 the word “immediately” is replaced by 
“within 72 hours”; 

(d)  Paragraph 7 is replaced by the following: 

“7.  Subject  to  the  arrangements  agreed  under  paragraph  12  of  this  Annex,  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  of  the  vessel  shall 
permit the inspector, who may be accompanied by a witness, to board it and in this 
respect  must  provide  a  boarding  ladder.  The  master  shall  enable  the  inspector  to 
make such examination of catch or gear and any relevant documents as the inspector 

5 

OJ L 194, 24.07.2010, p.1 

EN 

12 

   EN 

                                                 
deems  necessary 
the  ICCAT  Commission’s 
the  observance  of 
recommendations in force in relation to the flag State of the vessel concerned and the 
inspector may ask for any explanations deemed necessary. 

to  verify 

An  inspector  party  shall  consist  of  a  maximum  of  two  ICCAT  inspectors  unless 
additional  inspectors  are  warranted  by  circumstances.  An  assistant  can  accompany 
the inspector party for trainee purposes only.” 

(21) 

In Annex VII, paragraph 1 is deleted. 

(22) 

The text in Annex II to this Regulation is inserted as Annex VIIIa 

Article 2 

This Regulation shall enter into force on the seventh day following that of 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,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

13 

   EN 

Document No. 
Carrier vessel 
Name of vessel and radio call sign:  
Flag: 
Flag State authorization No. 
National Register No. 
ICCAT Register No. 
IMO No. 

Annex I 
"Annex III 

ICCAT Transhipment Declaration  

Fishing Vessel  
Name of the vessel and radio call sign,  
Flag:  
Flag State authorization No. 
National register No. 
ICCAT Register No. 
External identification: 
Fishing logbook sheet No. 

Final destination: 
Port 
Country 
State: 

Departure  |__|__| 
Return 
|__|__| 
Tranship. |__|__| 
For transhipment, indicate the weight in kilograms or the unit used (e.g. box, basket) and the landed weight in kilograms of this unit: |___| kilograms.  
Port 

Signature:  |__________| 

Signature:| __________| 

Species 

Sea 

Month 
|__|__| from 
to 
|__|__| 
|__________| 
|__|__| 

Hour Year |2_|0_|__|__| 
|__________| 
|__________| 

Day 
|__|__| 
|__|__| 
|__|__| 

Type of 
Product 
Live 

Type of 
Product 
Whole 

Type of 
Product 
Gutted 

Type of 
Product 
Head off 

Type of 
Product 
Filleted 

Type of 
Product 

Lat. Long. 

Number 
of unit 
of 
fishes 

F.V Master’s operator name: |__________| Carrier Master’s name: LOCATION OF TRANSHIPMENT 

Further transhipments 

Date: |__________| Place/Position: |__________| 
Authorization CP No. 
Transfer vessel Master signature: 

Name of receiver vessel: 
Flag 
ICCAT Register No. 
IMO No. 
Master’s signature 

Date: |__________|Place/Position: |__________| 
Authorization CP No. 
Transfer vessel Master’s signature: 

Name of receiver vessel: 
Flag 
ICCAT Register No. 
IMO No. 
Master’s signature 

ICCAT Observer signature (if applicable).  
Obligations in case of transhipment: 

1. 
2. 
3. 
4. 
5. 

The original of the transhipment declaration must be provided to the recipient vessel (processing/transport). 
The copy of the transhipment declaration must be kept by the correspondent catching vessel or trap. 
Further transhipping operations shall be authorized by the relevant CP which authorized the vessel to operate. 
The original of the transhipment declaration has to be kept by the recipient vessel which holds the fish, up to the landing place. 
The transhipping operation shall be recorded in the logbook of any vessel involved in the operation." 

EN 

14 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Document No. 

ICCAT Transfer Declaration 

1 - TRANSFER OF LIVE BFT DESTINATED FOR FARMING 
F i s h i n g   v e s s e l

  n a m e :  

Trap name: 

Call sign: 
Flag: 
Flag State transfer authorisation no. 
ICCAT Register no. 
External identification: 
Fishing logbook no. 
JFO no. 
2 - TRANSFER AFTER HARVESTING 
Farm name: 

ICCAT Register no. 

ICCAT Register no.  

Trap name: 

ICCAT Register no. 

3 - TRANSFER INFORMATION 
Date:_ _ / _ _ / _ _ _ _ 
Number of individuals: 
Type of product: 
Master of fishing vessel / trap operator / farm operator name and signature: 

Live  Whole  Gutted  Other (Specify): 

Place or position: 
Total weight in Kg: 

4 - TRANSFER OF DEAD FISH TO AUXILARY VESSEL 
Auxiliary vessel name: 
Date:_ _ / _ _ / _ _ _ _ 
5 - FURTHER TRANSFERS 
Date:_ _ / _ _ / _ _ _ _ 
T u g   v e s s e l   n a m e : 
Farm State transfer authorisation no: 

Flag: 
Position: 

Place or position: 
Call sign: 
External identification: 

Port: 

Annex II 
"Annex VIIIa 

Tug vessel name:  

Call sign: 
Flag: 
ICCAT Register no: 
External identification: 

Annex 4 

Farm of destination name: 

ICCAT Register no: 

Transport 

vessel 

name:

Processing 

carrier 

vessel 

name: 

Flag: 
ICCAT Register no. 
External identification: 

Call sign: 
Flag: 
ICCAT Register no: 
External identification: 

Port: 

Lat: 

Long: 

Species: 

Master of receiver vessel (tug, processing, carrier) name and signature: 

Lat: 

Quantity in Kg 
Long: 

Port of landing: 

Number of individuals: 

Lat: 

Long: 

Flag: 
Master of receiver vessel name and signature: 

ICCAT Register no. 

Date:_ _ / _ _ / _ _ _ _ 
T u g   v e s s e l   n a m e : 
Farm State transfer authorisation no: 

Date:_ _ / _ _ / _ _ _ _ 
T u g   v e s s e l   n a m e : 
Farm State transfer authorisation no: 

Place or position: 
Call sign: 
External identification: 

Port: 

Place or position: 
Call sign: 
External identification: 

Port: 

Lat: 

Long: 

Flag: 
Master of receiver vessel name and signature: 

ICCAT Register no. 

Lat: 

Long: 

Flag: 
Master of receiver vessel name and signature: 

ICCAT Register no. 

" 

EN 

15 

EN