Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL repealing Council Regulation (EC) No 827/2004 prohibiting imports of Atlantic bigeye tuna (Thunnus obesus) originating in Bolivia, Cambodia, Equatorial Guinea, Georgia and Sierra Leone and repealing Regulation (EC) No 1036/2001
Date: 2013-04-08
Institutions: European Commission
Subjects: Atlantic Ocean, Bolivia, Cambodia, Equatorial Guinea, Georgia, Sierra Leone, import (EU), import restriction, originating product, sea fish

EUROPEAN 
COMMISSION 

Brussels, 8.4.2013  
COM(2013) 185 final 

2013/0097 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

repealing Council Regulation (EC) No 827/2004 prohibiting imports of Atlantic bigeye 
tuna (Thunnus obesus) originating in Bolivia, Cambodia, Equatorial Guinea, Georgia 
and Sierra Leone and repealing Regulation (EC) No 1036/2001 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The Union has been a Contracting Party to the International Convention for the Conservation 
of Atlantic Tunas (the ICCAT Convention) since 14 November 1997, following the adoption 
of Council Decision 86/238/EEC1. 

The  ICCAT  Convention  provides  a  framework  for  regional  cooperation  in  the  conservation 
and  management  of  tuna  and  tuna-like  species  in  the  Atlantic  Ocean  and  its  adjacent  seas 
through  the  establishment  of  an  International  Commission  for  the  Conservation  of  Atlantic 
Tunas  (ICCAT)  and  the  adoption  by  the  latter  of  conservation  and  management  measures 
which become binding on the contracting parties. 

In 1998, ICCAT adopted resolution 98-18 concerning the unreported and unregulated catches 
of  tuna  by  large-scale  longline  vessels  in  the  Convention  area.  That  resolution  established 
procedures for the identification of countries whose vessels had fished for tuna and tuna-like 
species  in  a  manner  which  diminished  the  effectiveness  of  ICCAT  conservation  and 
management  measures.  It  also  specified  measures  to  be  taken,  including  if  necessary  non-
discriminatory  trade  restrictive  measures,  in  order  to  prevent  those  countries’  vessels  from 
continuing such fishing practices. 

Following  the  adoption  of  resolution  98-18,  ICCAT  has  identified  Bolivia,  Cambodia, 
Equatorial Guinea, Georgia and Sierra Leone as countries whose vessels fish Atlantic bigeye 
tuna (Thunnus obesus) in a manner which diminishes the effectiveness of its conservation and 
management measures, substantiating its findings with data concerning catches, trade and the 
activities  of  vessels.  As  a  consequence,  ICCAT  recommended  that  Contracting  Parties  take 
appropriate measures, consistent with provisions of the 1998 Resolution, to the effect that the 
import  of  Atlantic  bigeye  tuna  and  its  products  in  any  form  from  the  above  mentioned 
countries be prohibited. 

As  a  consequence,  imports  of  Atlantic  bigeye  tuna  originating  in  Bolivia,  Cambodia, 
Equatorial Guinea, Georgia and Sierra Leone into the European Union have been prohibited 
by Regulation (EC) No 827/20042 

At  its  14th  Special  Meeting  in  2004,  ICCAT acknowledged  the  efforts  made  by  Cambodia, 
Equatorial Guinea and Sierra Leone to address its concerns and adopted recommendations for 
the lifting of trade-restrictive measures against those three countries. 

As a consequence, Regulation (EC) No 827/2004 has been amended by Regulation (EC) No 
919/20053,  so  that  it  continues  prohibiting  such  imports  only  from  Bolivia  and  Georgia, 
whereas imports from Cambodia, Equatorial Guinea and Sierra Leone are authorized again. 
Furthermore, at its 22nd regular annual meeting, ICCAT acknowledged the efforts made and 
actions taken by  Bolivia and Georgia and adopted  recommendation  11-19 lifting the import 
prohibitions  on  Atlantic  bigeye  tuna  and  its  products  which  had  been  imposed  imposed  on 
those two countries. 

Regulation (EC) No 827/2004 as amended by Regulation (EC) No 919/2005 should therefore 
be repealed. 

1 
2 
3 

OJ L 162, 18.6.1986, p. 33. 
OJ L 127, 29.4.2004, p. 21. 
OJ L 156, 18.6.2005, p. 1. 

EN 

2 

   EN 

                                                 
RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

2. 

N/A 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The  lifting  of  the  import  prohibitions  on  Atlantic  bigeye  tuna  and  its  products  that  were 
imposed on Bolivia and Georgia has been adopted by ICCAT, international body to which the 
European Union is a Contracting Party. In order to uphold its international commitments, the 
European Union should enact such decision into Union law and therefore repeal Regulation 
(EC)  No  827/2004.  As  this  proposal  deals  with  common  commercial  policy,  its  legal  basis 
should be Article 207 of the Treaty on the Functioning of the European Union. 

BUDGETARY IMPLICATION  

OPTIONAL ELEMENTS  

4. 

N/A 

5. 

N/A 

EN 

3 

   EN 

2013/0097 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

repealing Council Regulation (EC) No 827/2004 prohibiting imports of Atlantic bigeye 
tuna (Thunnus obesus) originating in Bolivia, Cambodia, Equatorial Guinea, Georgia 
and Sierra Leone and repealing Regulation (EC) No 1036/2001 

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 207(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  Union  has  been  a  Contracting  Party  to  the  International  Convention  for  the 
Conservation  of  Atlantic  Tunas  (the  ICCAT  Convention)  since  14  November  1997, 
following the adoption of Council Decision 86/238/EEC1. 

The  ICCAT  Convention  provides  a  framework  for  regional  cooperation  in  the 
conservation and management of tuna and tuna-like species in the Atlantic Ocean and 
its  adjacent  seas  through  the  establishment  of  an  International  Commission  for  the 
Conservation  of  Atlantic  Tunas  (ICCAT)  and  the  adoption  by  the  latter  of 
conservation  and  management  measures  which  become  binding  on  the  contracting 
parties. 

In 1998, ICCAT adopted resolution 98-18 concerning the unreported and unregulated 
catches of tuna by large-scale long line vessels in the Convention area. That resolution 
established procedures for the identification of countries whose vessels had fished for 
tuna and tuna-like species in a manner which diminished the effectiveness of ICCAT 
conservation  and  management  measures.  It  also  specified  measures  to  be  taken, 
including  if  necessary  non-discriminatory  trade  restrictive  measures,  in  order  to 
prevent those countries’ vessels from continuing such fishing practices. 

Following the adoption of resolution 98-18, ICCAT has identified Bolivia, Cambodia, 
Equatorial Guinea, Georgia and Sierra Leone as countries whose vessels fish Atlantic 
bigeye  tuna  (Thunnus  obesus)  in  a  manner  which  diminishes  the  effectiveness  of  its 
conservation  and  management  measures,  substantiating  its  findings  with  data 
concerning catches, trade and the activities of vessels. 

As  a  consequence,  ICCAT  recommended  that  Contracting  Parties  take  appropriate 
measures,  consistent  with  provisions  of  the  1998  Resolution,  to  the  effect  that  the 
import of Atlantic bigeye tuna and its products in any form from the above mentioned 
countries be prohibited. 

1 

OJ L 162, 18.6.1986, p. 33. 

EN 

4 

   EN 

                                                 
(6) 

(7) 

(8) 

(9) 

Imports of Atlantic bigeye tuna originating in Bolivia, Cambodia, Equatorial Guinea, 
Georgia and Sierra Leone into the European Union have been prohibited by Council 
Regulation (EC) No 827/20042. 

At  its  14th  Special  Meeting  in  2004,  ICCAT  acknowledged  the  efforts  made  by 
Cambodia,  Equatorial  Guinea  and  Sierra  Leone  to  address  its  concerns  and  adopted 
recommendations  for  the  lifting  of  trade-restrictive  measures  against  those  three 
countries. 

As  a  consequence,  Regulation  (EC)  No  827/2004  has  been  amended  by  Regulation 
(EC)  No  919/20053,  so  that  it  continues  prohibiting  such  imports  only  from  Bolivia 
and  Georgia,  whereas  imports  from  Cambodia,  Equatorial  Guinea  and  Sierra  Leone 
are permitted again. 
At its 22nd regular annual meeting, ICCAT acknowledged the actions taken by Bolivia 
and  Georgia  and  adopted  recommendation  11-19  lifting  the  import  prohibitions  on 
Atlantic bigeye tuna and its products which had been imposed on those two remaining 
countries. 

(10)  Regulation (EC) No 827/2004 should therefore be repealed. 

HAVE ADOPTED THIS REGULATION: 

Regulation (EC) No 827/2004 is repealed. 

Article 1 

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 

2 
3 

OJ L 127, 29.4.2004, p. 21. 
OJ L 156, 18.6.2005, p. 1. 

EN 

5 

   EN