Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 302/2009 concerning a multiannual recovery plan for Bluefin tuna in the eastern Atlantic and Mediterranean
Date: 2013-05-02
Institutions: European Commission
Subjects: Atlantic Ocean, Mediterranean Sea, authorised catch, fishing area, international convention, sea fish

EUROPEAN 
COMMISSION 

Brussels, 2.5.2013  
COM(2013) 250 final 

2013/0133 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

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

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   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  Union  is  a  Contracting  Party  to  the  International  Convention  for  the  Conservation  of 
Atlantic Tunas (hereinafter "the Convention"). Bluefin tuna is the most important species in 
the International Commission for the Conservation of Atlantic Tunas (hereinafter "ICCAT") 
and is currently the only one under a multi-annual recovery plan. This transposition relates to 
critical  provisions  in  the  recovery  plan  that  were  extensively  discussed  and  adopted  at  the 
ICCAT Annual Meeting in November 2012 under Recommendation 12-03.  

At  its  16th  Special  Meeting  in  2008,  ICCAT  established  by  the  Convention,  adopted 
Recommendation  08-05  to  introduce  a  new  recovery  plan  for  Bluefin  tuna  in  the  eastern 
Atlantic and in the Mediterranean, replacing the previous recovery plan adopted in 2006. In 
anticipation  of  Recommendation  08-05  becoming  effective,  Council  Regulation  (EC)  No 
302/20091 was adopted.  

At its 17th Special Meeting in 2010, ICCAT adopted Recommendation 10-04 amending the 
multiannual  recovery  plan  for  Bluefin  tuna.  In  order  to  rebuild  the  stock,  Recommendation 
10-04  provides  for  a  further  reduction  of  the  total  allowable  catch,  for  the  strengthening  of 
measures to reduce the fishing capacity and for the reinforcement of the control measures, in 
particular concerning the transfer and the caging operations, and foresees additional advice by 
the  Standing  Committee  on  Research  and  Statistics  (SCRS)  in  2012  on  the  identification  of 
spawning grounds and on the creation of sanctuaries. 

At  its  Special  Meeting  in  2012,  ICCAT  adopted  Recommendation  12-03  amending  the 
multiannual recovery plan for Bluefin tuna. In order to better adapt the fishing seasons to the 
activity  of  the  fleet,  Recommendation  12-03  provides  for  a  modification  of  "open"  fishing 
seasons  which  differs  from  the  "closed'  fishing  seasons  set  out  in  Article  7  of  Council 
Regulation 302/2009 as amended by Article 1 (6) of Regulation (EU) 500/20122. In addition, 
the actual dates when fishing is permitted by purse seiners, bait boats and trolling boats have 
been modified. Finally, to avoid any uncertainty for those gears which are not subject to any 
specific rules on fishing season, it was necessary to include a provision explicitly allowing all 
other gears the possibility to fish all year round.  

There  were  however  a  number  of  objections  from  ICCAT  Contracting  Parties  to  this 
recommendation, which have delayed its entry into force until, most probably, August 2013. 
However, these objections were related to the allocation of the TACs and did not concern the 
fishing  seasons.  Moreover,  during  a  recent  inter-sessional  meeting  held  in  Seville  (18-20 
February  2013),  ICCAT  Contracting  Parties  indicated  their  intention  to  implement  the 
provisions of Recommendation 12-03, including the new fishing season for purse seiners (26 
May to 24 June), as laid down in paragraph 22 of the Recommendation. 

As regards the 2013 fishing season, the Council has already established in Council Regulation 
(EU) N° 40/20133 fixing for 2013 the fishing opportunities available in EU waters and, to EU 
vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are 
subject to international negotiations and agreements, that the season for purse-seiners will be 
from  26  May  2013  to  24  June  2013,  in  order  to  allow  Member  States  sufficient  time  for 
planning.  Only  purse-seiners'  fishing  season  was  addressed  in  that  Regulation  due  to  its 

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OJ L 96, 15.4.2009 
OJ L 157, 16.6.2012 
OJ L 23, 25.1.2013 

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timing  and  level  of  importance  of  that  gear  given  its  higher  catching  capacity  and  previous 
cases of non-compliance. 

Pending a comprehensive implementation of Recommendation 12-03 and its entry into force, 
in  order  to  ensure  effective  conservation  of  the  bluefin  tuna  stock  by  ensuring  compliance 
with  these  new  fishing  seasons  and  facilitating  enforcement  activities,  and  to  provide  legal 
certainty as to the fishing seasons concerned, it is therefore necessary to modify the provision 
concerning fishing seasons in Council Regulation 302/2009. 

For these reasons, as well as to allow Member States to properly define their fishing, capacity 
and  inspection  plans  which  are  linked  to  the  fishing  seasons  and  fulfil  their  reporting 
obligations,  it  is  necessary  to  modify  that  provision  as  soon  as  possible  and  to  apply  these 
modifications with retroactive effect as from 1 January 2013.  

Regulation (EC) 302/2009 should therefore be amended accordingly. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Member  States  concerned  by  this  fishery  (CY,  ES,  FR,  GR,  IT,  MT  and  PT)  have  been 
consulted during the Steering Group for the Joint deployment Plan for the Bluefin tuna held in 
the  Headquarters of the European Fishery  Control  Agency in Vigo  11th December  2012  on 
the need to clarify the dates of the fishing season. All of them agree to introduce the dates as 
defined  in  paragraphs  21  to  26  of  the  ICCAT  Recommendation  12-03  amending  the 
recommendation by ICCAT to establish a multi-annual recovery plan for Bluefin tuna in the 
eastern Atlantic and the Mediterranean. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The aim of the Proposal is to transpose into EU law a recommendation that has been adopted 
in the framework of the ICCAT by way of an amendment to Council Regulation No 302/2009 
as regards the fishing seasons for gears fishing bluefin tuna. The limited scope of this proposal 
implies  that  it  is  necessary  in  view  of  ensuring  a  rapid  adoption  of  the  Regulation  before  the 
beginning of the 2013 fishing season. 

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2013/0133 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council 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 Commission, 

After transmission of the draft legislative act to the national Parliaments, 
Having regard to the opinion of the European Economic and Social Committee4, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The Union is a Party to the International Convention for the Conservation of Atlantic 
Tunas (hereinafter "the Convention"). 

At  its  16th  Special  Meeting  in  2008,  the  International  Commission  for  the 
Conservation of Atlantic Tunas (hereinafter "ICCAT"), established by the Convention, 
adopted Recommendation 08-05 to establish a new recovery plan for Bluefin tuna in 
the  eastern  Atlantic  and  in  the  Mediterranean,  replacing  the  previous  recovery  plan 
adopted  in  2006.  Regulation  (EC)  No  302/20095  was  adopted  to  implement  those 
international conservation measures at Union level. 

At  its  17th  Special  Meeting  in  2010,  ICCAT  adopted  Recommendation  10-04 
amending  the  multiannual  recovery  plan  for  Bluefin  tuna.  Regulation  (EC)  No 
302/2009  was  then  amended  by  Regulation  (EU)  No  500/20126  to  implement  those 
revised international conservation measures at Union level. 

At its 18th Special Meeting in 2012, ICCAT adopted Recommendation 12-03 further 
amending the multiannual recovery plan for Bluefin tuna. In order to better adapt the 
fishing  seasons  to  the  activity  of  the  fleets,  Recommendation  12-03  provides  for  a 
modification  of  the  fishing  seasons,  which  are  now  defined  as  open  seasons,  as 
opposed  to  closed  seasons  indicated  in  the  previous  ICCAT  Recommendations.  In 
addition,  the  actual  dates  when  fishing  is  permitted  by  purse  seiners,  bait  boats  and 
trolling  boats  have  been  modified.  Finally,  to  avoid  any  uncertainty  for  those  gears 
which  are  not  subject  to  any  specific  rules  on  fishing  seasons,  it  was  necessary  to 
include  a  provision  explicitly  allowing  all  other  gears  the  possibility  to  fish  all  year 
round.  

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OJ C , , p. . 
OJ L 96, 15.4.2009 
OJ L 157, 16.6.2012 

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(5) 

Pending the entry into force of ICCAT Recommendation 12-03 and its comprehensive 
implementation, in order to ensure effective conservation of the bluefin tuna stock, to 
provide  legal  certainty  as  to  the  fishing  seasons  concerned  and,  finally,  to  allow 
Member States to properly define their fishing, capacity and inspection plans and other 
reporting  obligations,  it  is  necessary  to  modify  the  provisions  on  fishing  seasons  in 
Regulation  (EC)  No  302/2009  as  soon  as  possible  and  to  apply  those  modifications 
from the beginning of 2013. 

HAVE ADOPTED THIS REGULATION: 

Article 7 of Regulation (EC) No 302/2009 is replaced by the following: 

Article 1 

"Article 7 

Fishing seasons 

1. 

2. 

3. 

4. 

5. 

6. 

Bluefin tuna fishing shall be permitted in the eastern Atlantic and Mediterranean by 
large-scale  pelagic  long  line  catching  vessels  over  24  m  during  the  period  from  1 
January  to  31  May  with  the  exception  of  the  area  delimited  by  West  of  10◦W  and 
North of 42◦N, where such fishing shall be permitted from 1 August to 31 January. 

Purse  seine  fishing  for  Bluefin  tuna  shall  be  permitted  in  the  eastern  Atlantic  and 
Mediterranean during the period from 26 May to 24 June. 

Bluefin tuna fishing by bait boats and trolling boats shall be permitted in the eastern 
Atlantic and Mediterranean during the period from 1 July to 31 October. 

Bluefin  tuna  fishing  by  pelagic  trawlers  shall  be  permitted  in  the  eastern  Atlantic 
during the period from 16 June to 14 October. 

Bluefin tuna recreational and sport fishing shall be permitted in the eastern Atlantic 
and Mediterranean from 16 June to 14 October. 

Fishing  for  Bluefin  tuna  by  other  gears  than  those  mentioned  in  paragraphs  1  to  5 
shall be permitted throughout the year." 

This Regulation shall enter into force on the third day following that of its publication in the 
Official Journal of the European Union. It shall apply from 1 January 2013. 

Article 2 

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 

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