Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a catch documentation programme for bluefin tuna (Thunnus thynnus) and repealing Regulation (EU) No 640/2010
Date: 2020-10-27
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU programme, catch by species, catch quota, conservation of fish stocks, data collection, fishing area, fishing controls, sea fish, sea fishing

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 27.10.2020  COM(2020) 670 final 2020/0302 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a catch documentation programme for bluefin tuna (Thunnus thynnus) and repealing Regulation (EU) No 640/2010    
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The objective of the Common Fisheries Policy, as set out in Regulation (EU) No 1380/2013 
of  11  December  2013  is  to  ensure  an  exploitation  of  living  biological  resources  that  is 
sustainable economically, environmentally and socially. 

By Council Decision 98/392/EC of 23 March 1998, the Union approved the United Nations 
Convention on the  Law  of the Sea, which includes  principles  and rules on the conservation 
and  management  of  marine  living  biological  resources.  As  part  of  its  wider  international 
obligations, the Union participates in efforts to conserve fish stocks in international waters. 

Pursuant to Council Decision 86/238/EEC of 9 June 1986, the Union has been a Contracting 
Party  to  the  International  Convention  for  the  Conservation  of  Atlantic  Tunas  (‘the 
Convention’) since 14 November 1997. 

This  Convention  provides  a  framework  for  regional  cooperation  on  the  conservation  and 
management  of  tunas  and  tuna-like  species  in  the  Atlantic  Ocean  and  the  adjoining  seas 
through the setting up of an International Commission for the Conservation of Atlantic Tunas 
(the ‘ICCAT’). 

The ICCAT has the authority to adopt decisions (Recommendations) on the conservation and 
management of the fisheries under its purview, which are binding for the Contracting Parties. 
Those  Recommendations  are  essentially  addressed  to  the  Contracting  Parties  to  the  ICCAT 
Convention  but  also  contain  obligations  for  operators  (e.g.  vessel  masters).  ICCAT 
Recommendations enter into force 6 months following their adoption and, with respect to the 
Union, must be implemented in Union law as soon as possible. 

This  proposal  establishes  Union  Bluefin  tuna  Catch  Documentation  Programme  in  order  to 
implement conservation and management measures adopted by the International Commission 
for  the  Conservation  of  Atlantic  Tunas  relating  to  a  Bluefin  Tuna  Catch  Documentation 
Scheme and the mandatory use of the electronic Bluefin tuna catch document system with a 
view to identifying the origin of all bluefin tuna. 

• 

Consistency with existing policy provisions in the policy area 

The bluefin tuna catch documentation programme has been regulated through: 

– 

• 

the catch documentation programme for bluefin tuna in Regulation (EU) 640/2010; 

Consistency with other Union policies 

The plan is consistent with other Union policies.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  proposal  is  based  on  Article  43(2)  TFEU,  as  it  sets  out  provisions  necessary  for  the 
pursuit of the objectives of the common fisheries policy. 

EN 

1 

  EN 

 
• 

Subsidiarity (for non-exclusive competence)  

The proposal falls under the exclusive competence of the Union (Article 3(1)(d) TFEU). The 
subsidiarity principle, therefore, does not apply. 

• 

Proportionality 

The proposal will ensure that Union law, with regard to the application of the eBCD, and in 
particular all the rules and obligations of the eBCD system approved by the ICCAT is in line 
with  the  Union’s  international  obligations  and  that  the  Union  complies  with  the  decisions 
taken under the ICCAT Convention to which the Union is a Contracting Party. This will be 
done without exceeding what is necessary to achieve the objective pursued. 

• 

Choice of the instrument 

The instrument chosen is a Regulation of the European Parliament and of the Council. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not relevant. 

• 

Stakeholder consultations 

The purpose of this proposal is to transpose and implement existing ICCAT measures, which 
are binding upon the contracting parties. National  experts and industry representatives from 
the  EU  countries  were  consulted  both  during  the  run-up  to  the  ICCAT  meetings  at  which 
these eBCD rules were adopted and throughout negotiations at the ICCAT Annual Meeting. 
Consequently,  it  was  not  considered  necessary  to  hold  a  stakeholder  consultation  on  this 
particular regulation.   

• 

Collection and use of expertise 

This is a transposition of a recommendation adopted by one Regional Fisheries Management 
Organisation (ICCAT). 

• 

Impact assessment 

Not  relevant.  This  is  a  transposition  of  a  recommendation  directly  applicable  to  Member 
States and operators. 

• 

Regulatory fitness and simplification 

This proposal is not linked to REFIT. 

• 

Fundamental rights 

This proposal has no consequences on the protection of the fundamental rights of the citizens. 

4. 

BUDGETARY IMPLICATIONS 

This proposal does not have budgetary implications. 

EN 

2 

  EN 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable. 

• 

Explanatory documents (for directives) 

Not applicable. 

• 

(a) 

Detailed explanation of the specific provisions of the proposal 

Bluefin tuna catch document and re-export certificate 

The proposal establishes general provisions on the use of bluefin catch and re-export 
certificates  and  sets  rules  for  the  recording  and  validation  of  catch  and  subsequent 
trade events of bluefin tuna. Particular rules are set for tagged fish.  

Recording  and  validation  of  catch  and  trade  is  performed  through  the  electronic 
Bluefin tuna catch document system already used by Member States and operators. 
This  electronic system is  operated by  ICCAT in  its  official languages (i.e. English, 
French and Spanish). Exceptionally, the electronic system can be replaced by paper 
documents  (the  BCD,  Bluefin  Tuna  Catch  Document),  equivalent  to  the  electronic 
system  requirements.  For  that  reason,  the  proposal  contains  references  to  ICCAT 
documents  such  as  BCD  definition  and  its  content  information,  validation 
documents, and reporting documents. 

(b) 

Verification, transmission of data and reporting 

Additional provisions are established for verification before validation, transmission 
of data of eBCD users, use of paper eBCD in exceptional cases and annual reporting 
to ICCAT. 

(c) 

Delegated powers  

ICCAT  rules  governing  the  fishery  of  live  bluefin  tuna  (operations  related  to 
catching,  transfer,  transport,  caging,  farming,  harvesting  and  carrying-over)  are 
highly dynamic, and the eBCD system needs to be adapted to follow any change in 
those rules. Due to the complexity of the eBCD system, outstanding technical issues 
need  to  be  resolved  on  an  ongoing  basis  and  the  solutions  need  to  be  uniformly 
applied by Member States.  

Article 14 of this Regulation sets out a detailed list of cases where delegated powers 
are  requested  to  address  frequent  changes  to  the  recommendations  adopted  by 
ICCAT.  

EN 

3 

  EN 

 
 
2020/0302 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a catch documentation programme for bluefin tuna (Thunnus thynnus) and 
repealing Regulation (EU) No 640/2010  

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 Committee1,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

1 
2 

3 

4 

5 

The objective of the Common Fisheries Policy (‘CFP’), as set out in Regulation (EU) 
No  1380/2013  of  the  European  Parliament  and  of  the  Council2,  is  to  ensure  an 
exploitation  of 
that  provides  sustainable  economic, 
environmental and social conditions. 

living  aquatic  resources 

The Union is a Contracting Party to the United Nations Convention of 10 December 
1982  on  the  Law  of  the  Sea  approved  by  Council  Decision  98/392/EC3,  to  the 
Agreement on the implementation of the provisions of that Convention relating to the 
conservation  and  management  of  straddling  stocks  and  highly  migratory  fish  stocks 
ratified by Council Decision 98/414/EC4 and to the Agreement to promote compliance 
with  international  conservation  and  management  measures  by  fishing  vessels  on  the 
high  seas  accepted  by  Council  Decision  96/428/EC5.  In  the  framework  of  those 
international obligations, the Union participates in efforts made to ensure sustainable 
management of highly migratory fish stocks. 

OJ C. 
Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on 
the  Common  Fisheries  Policy,  amending  Council  Regulations  (EC)  No  1954/2003  and  (EC)  No 
1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council 
Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22). 
98/392/EC:  Council  Decision  of  23  March  1998  concerning  the  conclusion  by  the  European 
Community  of  the  United  Nations  Convention  of  10  December  1982  on  the  Law  of  the  Sea  and  the 
Agreement of 28 July 1994 relating to the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 
1.). 
98/414/EC:  Council  Decision  of  8  June  1998  on  the  ratification  by  the  European  Community  of  the 
Agreement for the implementing of the provisions of the United Nations Convention on the Law of the 
Sea of 10 December 1982 relating to the conservation and management of straddling stocks and highly 
migratory fish stocks (OJ L 189, 3.7.1998, p. 14.). 
96/428/EC: Council Decision of 25 June 1996 on acceptance by the Community of the Agreement to 
promote  compliance  with  international  conservation  and  management  measures  by  fishing  vessels  on 
the high seas (OJ L 177, 16.7.1996, p. 24.). 

EN 

4 

  EN 

 
                                                 
(3) 

(4) 

(5) 

The Union is a Contracting Party to the International Convention for the Conservation 
of  Atlantic  Tunas  pursuant  to  Council  Decision  86/238/EEC6  (ICCAT  Convention). 
The  ICCAT  Convention  provides  for  a  framework  for  regional  cooperation  on  the 
conservation and management of tuna and tuna-like species in the Atlantic Ocean and 
adjacent  seas  through  an  International  Commission  for  the  Conservation  of  Atlantic 
Tunas (‘ICCAT Commission’), and for the adoption of recommendations applicable in 
the  ICCAT  Convention  area  which  become  binding  on  the  Contracting  Parties, 
cooperating non-contracting Parties, entities and fishing entities (‘CPCs’). 
Regulation  (EU)  No  640/2010  of  the  European  Parliament  and  of  the  Council7 
transposed 
[09-11]  amending 
Recommendation  [08-12]  introducing  catch  documentation  programme  for  Bluefin 
tuna; 

ICCAT  Recommendations 

into  Union 

law 

As part of the measures to regulate stocks of bluefin tuna, to improve the quality and 
reliability of statistical data and in order to prevent, deter and eliminate illegal fishing, 
ICCAT  adopted  Recommendation  [07-10]8,  [08-12]9,  [09-11]10,  [11-20]11,  [18-13]12 
introducing  the  implementation  of  the  Bluefin  tuna  Catch  Documentation  (BCD) 
scheme and Recommendation [10-11]13,[11-21]14, [12-08]15, [13-17]16, [15-10]17, [17-
09]18, [18-12]19 developing and strengthening the implementation of the Bluefin Tuna 
Catch  Documentation  by  introducing  a  mandatory  electronic  document  (eBCD) 
system. CPCs of ICCAT and Member States commenced the partial implementation of 
the  eBCD  system  in  June  2016.  It  is  fully  implemented  since  January  2017  and  is 
being used by Member States. 

(6) 

Certain provisions of the ICCAT Recommendations are being amended frequently by 
ICCAT CPCs and are likely to be amended further in the future. Therefore, in order to 

6 

7 

8 
9 

10 

11 

12 

13 
14 

15 

16 

17 

18 

19 

Council Decision 86/238/EEC of 9 June 1986 on the accession of the Community to the International 
Convention for the Conservation of  Atlantic Tunas, as amended by the Protocol annexed to the Final 
Act of the Conference of Plenipotentiaries of the States Parties to the Convention signed in Paris on 10 
July 1984 (OJ L 162, 18.6.1986, p 33). 

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 1984/2003 (O.J. L 194, 24.7.2010, p.1.) 
Recommendation by ICCAT on an ICCAT Bluefin Tuna Catch Documentation Program. 
Recommendation  by  ICCAT  Amending  Recommendation  07-10  on  an  ICCAT  Bluefin  Tuna  Catch 
Documentation Program. 
Recommendation  by  ICCAT  amending  the  Recommendation  08-12  on  an  ICCAT  bluefin  tuna  catch 
documentation program. 
Recommendation  by  ICCAT  amending  Recommendation  09-11  on  an  ICCAT  bluefin  tuna  catch 
documentation programme. 
Recommendation  by  ICCAT  replacing  Recommendation  11-20  on  an  ICCAT  bluefin  tuna  catch 
documentation programme. 
Recommendation by ICCAT on an electronic bluefin tuna catch document programme (eBCD). 
Recommendation  by  ICCAT  amending  the  Recommendation  10-11  on  an  Electronic  Bluefin  Tuna 
Catch Document (eBCD) programme.  
Recommendation by ICCAT supplementing the Recommendation on an Electronic Bluefin Tuna Catch 
Document (eBCD) programme. 
Recommendation by ICCAT supplementing the Recommendation for an Electronic Bluefin Tuna Catch 
Document (eBCD) System. 
Recommendation  by  ICCAT  to  clarify  and  amend  aspect  of  ICCAT’s  Bluefin  Tuna  Catch 
Documentation Program to facilitate the application of the eBCD System. 
Recommendation  by  ICCAT  amending  the  Recommendation  15-10  on  the  application  of  the  eBCD 
System. 
Recommendation by ICCAT replacing Recommendation 17-09 on the application of the eBCD system.  

EN 

5 

  EN 

                                                 
 
(7) 

(8) 

(9) 

swiftly  incorporate  future  amendments  to  the  ICCAT  Recommendations  into  Union 
law,  the  power  to  adopt  acts  in  accordance  with  Article  290  of  the  Treaty  on  the 
Functioning of the European Union should be delegated to the Commission in respect 
of the following aspects: mandatory use of eBCD and BCD, rules of Grouped BCD, 
validations  of  the  BCD  and  eBCD,  derogation  deadline  for  tagging  information  in 
relation  to  minimum  size  under  the  Regulation  (EU)  20../..    20;  recording  and 
validation of catch and subsequent trades in the eBCD system, information concerning 
validation  and  points  of  contact,  information  concerning  BCD  documents  or  printed 
eBCD,  reporting  dates  provided,  as  well  as  references  to  Annexes  to  ICCAT 
Recommendations. 

Union legislation should merely implement the ICCAT Recommendations in order to 
place  Union  and  third  country  fishermen  on  an  equal  footing  and  to  ensure  that  the 
rules are fully accepted and implemented by all. 

The delegated acts provided for in this Regulation should be without prejudice to the 
implementation of future changes to ICCAT Recommendation and their transposition 
into Union law through the ordinary legislative procedure. 

In  order  to  swiftly  implement  into  Union  law  future  amendments  to  the  ICCAT 
Recommendations,  the  power  to  adopt  acts  in  accordance  with  Article  290  of  the 
Treaty  on  the  Functioning  of  the  European  Union  should  be  delegated  to  the 
Commission in respect of amending this Regulation. It is of particular importance that 
the  Commission  carry  out  appropriate  consultations  during  its  preparatory  work, 
including  at  expert  level,  and  that  those  consultations  are  conducted  in  accordance 
with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on 
Better Law-Making21. In particular, to ensure equal participation in the preparation of 
delegated acts, the European Parliament and the Council receive all documents at the 
same time as Member States’ experts, and their experts systematically have access to 
meetings of Commission expert groups dealing with the preparation of delegated acts. 

(10)  Regulation  (EU)  No  640/2010  should  therefore  be  repealed,  as  this  Regulation 
tuna  catch  documentation 

the  bluefin 

transposes  new  ICCAT  measures  for 
programme, 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I 
GENERAL PROVISIONS 

Article 1 
Subject matter and scope 

1. 

20 

21 

This Regulation establishes a Union Bluefin tuna Catch Documentation Programme 
in  order  to  implement  conservation  and  management  measures  adopted  by  the 
International  Commission  for  the  Conservation  of  Atlantic  Tunas  (ICCAT)  of 
Bluefin Tuna Catch Documentation Scheme and the mandatory use of the electronic 

Regulation  (EU)  20…/….  of  the  European  Parliament  and  of  the  Council  of  …..20..  establishing  a 
multiannual  management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending 
Regulations (EC) No 1936/2001, (EU) 2017/2107, and  (EU) 2019/833 and repealing Regulation (EU) 
2016/1627. 
OJ L 123, 12.5.2016, p. 1. 

EN 

6 

  EN 

 
                                                 
Bluefin  tuna  catch  document  system  with  a  view  to  identifying  the  origin  of  all 
bluefin tuna. 

2. 

This  Regulation  does  not  apply  to  domestic  trade,  export,  import  and  re-export  of 
fish parts other than the meat, inter alia, heads, eyes, roes, guts and tails. 

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

Article 2  
Definitions 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

‘BCD’ means Bluefin tuna catch document as provided for in the format Annex 2 of 
ICCAT Recommendation [18-13];  

‘Bluefin tuna’ means fish of the species Thunnus thynnus falling within the codes of 
the Combined Nomenclature of Annex I to Council Regulation (EEC) No 2658/8722; 

‘the  Convention’  means  the  International  Convention  for  the  Conservation  of 
Atlantic Tunas; 

‘Convention area’ means the geographical area covered by the ICCAT measures as 
set out in Article 1 of the Convention; 

 ‘Domestic trade’ means: 

(a) 

(b) 

trade, in one Member State or between two or more Member States, in bluefin 
tuna  caught  in  the  Convention  area  by  a  Union  catching  vessel  or  trap,  and 
which is landed in the territory of the Union; and 

 trade, in one Member State or between two or more Member States, in farmed 
bluefin  tuna  caught  in  the  Convention  area  by  a  Union  catching  vessel,  and 
which is caged in a farm established in the territory of the Union; 

‘Import’ means the introduction into the territory of the Union, including for caging, 
fattening,  farming  or  transhipment  purposes,  of  bluefin  tuna  caught  in  the  
Convention area by a third country catching vessel or trap;  

‘Export’  means  any  movement  to  a  third  country  of  bluefin  tuna  caught  in  the  
Convention area by a Union catching vessel or trap,  including from the territory of 
the Union, from third countries or from fishing grounds;  

‘Re-export’  means  any  movement  from  the  territory  of  the  Union  of  bluefin  tuna 
which had been previously imported into the territory of the Union;  

‘Trap Member State’ means the Member State where the trap is established; 

‘Farm Member State’ means the Member State where the farm is established; 

‘CPCs’  means  Contracting  Parties  to  Convention  and  cooperating  non-contracting 
parties, entities or fishing entities. 

22 
the Common Customs Tariff,  OJ L 256, 7.9.1987, p. 1. 

Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on 

EN 

7 

  EN 

 
 
                                                 
 
CHAPTER II 
 BLUEFIN TUNA CATCH DOCUMENT 

Article 3 
General provisions 

The electronic Bluefin tuna Catch Document (‘eBCD’) system shall be used for any 
landing,  transfer,  transhipment,  cage,  harvest,  domestic  trade,  import,  export  or  re-
export  of  bluefin  tuna.  Paper  BCDs  can  be  used  exceptionally  as  provided  for  in 
Article 11. 

A BCD shall be completed for each bluefin tuna caught by a fishing vessel or trap, 
transferred,  landed  or  transhipped  at  ports  by  fishing  vessels  or  traps,  or  caged  or 
harvested by farms. 

Each lot of bluefin tuna domestically traded, imported into or exported or re-exported 
from  the  territory  of  the  Union  shall  be  accompanied  by  a  BCD  validated  by  the 
competent  authority,  except  in  cases where Article 4(4)  applies, and, as  applicable, 
an  ICCAT  transfer  declaration  or  a  validated  Bluefin  Tuna  Re-export  Certificate 
(‘BFTRC’),  as  applicable.  Each  lot  of  bluefin  tuna  shall  only  contain  bluefin  tuna 
products of the same presentation and originating in the same relevant geographical 
area and the same fishing vessel, or group of fishing vessels, or the same trap. 

It shall be prohibited to land, transfer, delivery, harvest, trade domestically, import, 
export or re-export bluefin tuna without a completed and validated BCD or BFTRC. 

Each BCD shall have a unique document identification number. Document numbers 
shall be specific to the flag or trap Member State.  

At the time of caging, relevant BCDs may be grouped as a “Grouped BCD” with  a 
new  BCD  number  in  the  following  cases,  provided  that  all  the  fish  is  caged  in  the 
same farming cage and on the same day: 

(a)  Multiple catches made by the same vessel; and 

(b)  Catches made by Joint Fishing Operations (JFO). 

The  Grouped  BCD  shall  replace  all  the  equivalent  original  BCDs  and  be 
accompanied  by  the  list  of  all  the  associated  BCD  numbers.  The  copies  of  such 
associated  BCDs  shall  be  made  available  to  Member  States  or  CPCs  control 
authorities, upon request. 

Bluefin tuna that are caught as by-catch by vessels not authorised to fish actively for 
bluefin  tuna  pursuant  to  Regulation  (EU)  20../..  23  [BFT]  may  be  traded.  Member 
States  authorities,  port  authorities  and  authorised  self-registration  by  the  master  or 
representative of the vessel shall facilitate the master or representative of the vessel 
in  accessing  the  eBCD  system,  including  by  way  of  their  national  registration 
number. Flag Member State of the vessels concerned are not required to submit a list 
of such vessels to the Commission. 

Regulation  (EU)  20…/….  of  the  European  Parliament  and  of  the  Council  of  …..20..  establishing  a 
multiannual  management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending 
Regulations (EC) No 1936/2001, (EU) 2017/2107, and  (EU) 2019/833 and repealing Regulation (EU) 
2016/1627 [proposal adopted with co-legislators]. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

23 

EN 

8 

  EN 

                                                 
9. 

10. 

1. 

2. 

Bluefin tuna that die during the transfer, towing, or caging operations referred to in 
Articles 39 to 54 of Regulation (EU) 20../.. [BFT] prior to harvesting may be traded 
by the purse seine vessel, support vessel, and farm representatives, where applicable. 

Bluefin tuna harvested in sport and recreational fisheries for which sale is prohibited 
are  not  subject  to  this  Regulation  and  do  not  need  to  be  recorded  in  the  eBCD 
system.  

Article 4 
Validation 

Catching  vessel  masters,  trap  operators,  farm  operators,  sellers,  exporters  or  their 
authorised  representative,  shall  complete  the  BCD  by  providing  the  required 
information and shall request its validation in accordance with paragraph 2 in respect 
of  each  bluefin  tuna  caught,  landed,  caged,  harvested,  transhipped,  domestically 
traded or exported. 

The BCD shall be validated by a competent authority of the flag state of the vessel, 
trap or farm state that caught or harvested the bluefin tuna, or of the Member State of 
establishment  of  the  seller  or  exporter  that  domestically  traded  or  exported  the 
bluefin tuna.  

3. 

Member States shall validate the BCD for all bluefin tuna products only when: 

(a) 

(b) 

all the information contained in the BCD has been verified as accurate; 

the  accumulated  validated  amounts  are  within  their  quotas  or  catch  limits  of 
each  management  year,  including,  where  appropriate,  individual  quotas 
allocated to catching vessels or traps; and  

(c) 

the products comply with other relevant ICCAT provisions of the conservation 
and management measures. 

Validation under paragraph 2 shall not  be required where all bluefin  tuna available 
for sale are tagged, in accordance with Article 6(4), by the flag or trap Member State 
that fished them. 

Where  the  bluefin  tuna  quantities  caught  and  landed  are  less  than  1  metric  ton  or 
three fish, the logbook or the sales note may be used as a temporary BCD, pending 
the validation of the BCD within seven days and prior to export. 

A validated BCD shall include, as appropriate, the information set out in Annex 1 of 
ICCAT  Recommendation  [18-13].  Instructions  for 
issuing,  numbering, 
completion and validation of the catch document are set out in Annex 3 of ICCAT 
Recommendation [18-13]. 

the 

The  buyer  information  in  the  trade  section  shall  be  entered  into  the  eBCD  system 
prior  to  the  validation.  The  trade  section  of  an  eBCD  shall  be  validated  prior  to 
export. 

Export from  the Member States shall take place  only if the previous trade between 
Member States has been properly recorded, and such export shall continue to require 
validation in the eBCD system in accordance with paragraphs 1 to 5. 

4. 

5. 

6. 

7. 

8. 

EN 

9 

  EN 

Article 5 
Recording and validation of catch and subsequent trades in the eBCD system 

Following  the  recording  and  validation  of  catch  and  first  trade  in  the  eBCD  in 
accordance  with  Article  4  of  this  Regulation,  information  on  the  internal  sales  of 
bluefin tuna within one Member State shall be recorded in the eBCD. Validation of 
those internal sales is not required.  

Following  the  recording  and  validation  of  catch  and  first  trade  in  the  eBCD,  the 
domestic  trade  between  Member  States  shall  be completed  in  the  eBCD  system  by 
the seller in accordance with Article 4. 

The  competent  authority  shall  validate  domestic  trade  of  “gilled  and  gutted”  (GG), 
“dressed” (DR), and “Round” (RD) product forms. However, by way of derogation 
from Article 4, validation is not required: 

(a)  where  domestic  trade  of  bluefin  tuna  is  in  “fillets”  (FL)  or  “other,  specified” 

(OT) product forms listed on the eBCD; 

(b)  when  the  product  referred  to  under  point  (a)  (FL  and  OT)  is  packaged  for 
transport; in this case the associated eBCD number shall be written legibly and 
indelibly on the outside of any package containing any part of the tuna except 
for exempted products specified in Article 1(2);  

(c) 

for  FL  or  OT  products,  subsequent  domestic  trade  to  another  Member  State 
shall  only  take  place  when  the  trade  information  from  the  previous  Member 
State has been recorded in eBCD system. 

The derogation provided for in the second sentence of paragraph 3 is applicable until 
31  December  2020.  Member  States  shall  report  to  the  Commission  on  the 
implementation  of  this  derogation  by  31  December  2020.  This  report  shall  include 
information on the verification by the Member States provided for in Article 9, the 
outcomes  of  that  verification  and  data  about  the  concerned  trade  events,  including 
relevant statistical information including the amount of Bluefin tuna and number of 
trades covered by this derogation. 

The  trade  of  live  bluefin  tuna  including  all  trade  events  to  and  from  bluefin  farms 
shall  be  recorded  and  validated  in  the  eBCD  system  in  accordance  with  the 
provisions of this Regulation, unless otherwise specified.  

The validation of sections 2 (catch) and 3 (live trade) in the eBCD may be completed 
simultaneously in derogation from Article 3(3) of this Regulation.  

The  amending  and  re-validation  of  sections  2  and  3  in  the  eBCD  as  required  by 
Article xx of Regulation (EU) 20../.. [BFT] related to the use of stereoscopic camera 
systems may be completed following caging operation.  

Article 6 
Tagging 

Member  States  may  require  their  catching  vessels  or  traps  to  affix  a  tag  to  each 
bluefin  tuna  preferably  at  the  time  of  kill,  but  no  later  than  the  time  of  landing 
(‘tagging programme’). Tags shall have unique Member State specific numbers and 
be tamper proof. The tag numbers shall be identical to those of the eBCD. 

Member States concerned shall send a summary of the implementation of the tagging 
programme to the Commission by 30th of April each year in respect of the preceding 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

1. 

2. 

EN 

10 

  EN 

3. 

4. 

5. 

6. 

7. 

8. 

1. 

2. 

3. 

year.  Any  subsequent  changes  to  a  tagging  programme  shall  also  be  sent  to  the 
Commission.  The  Commission  shall  forward  the  summaries  to  the  ICCAT 
Secretariat. 

The use of such tags shall only be authorised when the accumulated catch amounts 
are  within  Member  States’  quotas  or  catch  limits  of  each  management  year, 
including, where appropriate, individual quotas allocated to vessels or traps. 

For  the  purposes  of  Article  4(4),  the  commercial  tagging  programs  of  the  flag 
Member State for the vessel or trap that harvested the bluefin tuna under which the 
fish are tagged shall provide at least for the following: 

(a) 

all bluefin tuna in the eBCD concerned are individually tagged; 

(b) 

 information concerning the tag includes: 

– 

– 

– 

– 

– 

– 

– 

identification of the catching vessel or trap; 

date of capture or landing;  

the area of harvest of the fish in the shipment;  

the gear used to catch the fish;  

the type of product and individual weight of the tagged bluefin tuna;  

information on the exporter and importer (where applicable); 

the point of export (where applicable). 

By way of derogation to point (v) of paragraph 4(b), for those fisheries subject to the 
derogations as to minimum size under Regulation (EU) 20../.. [BFT], Member States 
may instead provide the approximate weight of individual fish within the catch upon 
offloading,  which  shall  be  determined  through  representative  sampling  until  31 
December 2020.  

Where  Member  States  apply  the  derogation  provided  for  in  subparagraph  5,  they 
shall provide a report on the implementation of that derogation to the Commission. 

The information on tagged fish is compiled by the responsible Member State. 

The  Commission  shall  compile  the  information  on  tagged  fish  received  from 
Member  States  and  shall  transmit  it  to  ICCAT  in  the  format  of  the  Union 
implementation report.  

CHAPTER III 
BLUEFIN TUNA RE-EXPORT CERTIFICATE 

Article 7 
General provisions 

Each  Member  State  shall  ensure  that  each  lot  of  bluefin  tuna  which  is  re-exported 
from its territory is accompanied by a validated Bluefin Tuna Re-export Certificate 
(‘BFTRC’).  

Paragraph 1 shall not apply in cases where bluefin tuna is imported live. 

The operator responsible for the re-export shall fill the BFTRC and shall request its 
validation  for  the  lot  of  bluefin  tuna  to  be  re-exported.  The  BFTRC  filled  shall  be 
accompanied by a copy of the validated BCD(s) relating to the bluefin tuna products 
previously imported.  

EN 

11 

  EN 

Article 8 
Re-export validation 

1. 

2. 

The BFTRC shall be validated by the competent authority of the Member State from 
which territory the lot is re-exported. 

The  competent  authority  shall  validate  the  BFTRC  for  all  bluefin  tuna  product, 
provided: 

(a) 

(b) 

(c) 

all the information contained in the BFTRC has been verified as accurate; 

the corresponding validated BCD(s) had been accepted for the importation of 
the products declared on the BFTRC;  

the  products  to  be  re-exported  are  wholly  or  partly  the  same  product  on  the 
validated BCD(s); and 

(d) 

a copy of the BCD(s) is attached to the validated BFTRC. 

3. 

The  validated  BFTRC  shall  include  the  information  set  out  in  Annexes  4  and  5  to 
ICCAT Recommendation [18-13]. 

CHAPTER IV 
VERIFICATION 

Article 9 
Verification 

1. 

2. 

3. 

4. 

5. 

6. 

Member  States  shall  ensure  that  their  competent  authorities  identify  each  lot  of 
bluefin  tuna  landed  in,  domestically  traded  in,  imported  into  or  exported  or  re-
exported  from  their  territory,  and  request  and  examine  the  validated  BCD(s)  and 
related documentation of each lot of bluefin tuna.  

The  competent  authorities  may  also  examine  the  content  of  the  lot  to  verify  the 
information  contained  in  the  BCD  and  in  related  documents  and,  where  necessary, 
shall carry out verifications with the operators concerned.  

If,  as  a  result  of  examinations  or  verifications  carried  out  pursuant  to  paragraphs  1 
and 2, doubts arise regarding the information contained in a BCD, the Member State 
on  whose  territory  the  final  importation  took  place  and  the  Member  state  or  CPC 
whose  competent  authorities  validated  the  BCD(s)  or  BFTRCs  shall  cooperate  to 
resolve such doubts.  

If  a  Member  State  identifies  a  lot  with  no  BCD,  it  shall  notify  the  findings  to  the 
delivering Member State or the exporting CPC and, where known, the flag Member 
State or the flag CPC.  

Member States shall not release the lot for domestic trade, import or export, or, in the 
case  of  live  bluefin  tuna  destined  to  farms,  accept  the  transfer  declaration  until  the 
examinations or verifications referred to in paragraphs 1 and 2 have been carried out 
and confirm compliance of the BFT lot with the requirements of this Regulation and 
any other applicable Union law. 

Domestic  trade,  import,  export  or  re-export  of  the  bluefin  tuna  shall  be  prohibited 
where a Member State, having carried out the examination or verifications referred to 
in paragraphs 1 and 2 and in cooperation with the validating authorities concerned, 
determines that the corresponding BCD or BFTRC is invalid.  

EN 

12 

  EN 

CHAPTER V 
TRANSMISSION OF DATA 

1. 

2. 

3. 

4. 

5. 

6. 

Article 10 
Registration in the eBCD system, notification and verification of information 

Member  States  are  responsible  for  ensuring  that  their  users  are  registered  in  the 
eBCD system. 

Where a Member State validates BCDs in respect of its flag catching vessels, traps or 
farms,  it  shall  notify  to  the  Commission,  the  Government  validation  authorities  or 
other  authorized  individuals  or  institutions  responsible  for  validating  and  verifying 
BCDs or BFRCs every time there is a change in the following information: 

(a) 

the name and full address of the organisation; 

(b) 

the name and title of the validating officials who are individually empowered; 

(c) 

a sample form of document; 

(d) 

a sample impression of stamp or seal; and  

(e) 

as appropriate, tag samples. 

The notification provided for in in paragraph 2 shall indicate the date from which the 
change  is  applicable.  A  copy  of  the  provisions  adopted  in  national  law  for  the 
purpose of implementing the Bluefin tuna Catch Documentation Programme shall be 
communicated  with  the  initial  notification,  including  procedures  to  authorise  non-
governmental  individuals  or  institutions.  Updated  details  on  validating  authorities 
and  national  provisions  shall  be  communicated  to  the  Commission  in  a  timely 
fashion. 

Member  States  shall  notify  the  Commission  by  electronic  means  of  the  points  of 
contact  that  should  be  informed  if  questions  arise  in  relation  to  BCDs  or BFTRCs, 
and in particular, the name and full address of the organisation(s).  

The  Commission  shall  without  delay  notify  the  information  provided  for  in 
paragraphs 2 to 4 to the ICCAT Secretariat. 

Member  States  shall  verify  the  information  concerning  the  validating  authorities 
notified to ICCAT and published on a publicly accessible website held by the ICCAT 
Secretariat to help their authorities to verify the validation of BCDs and BFTRCs. 

Article 11 
Paper BCD documents or printed eBCDs 

1. 

Paper BCD documents or printed eBCDs may be used in the following cases: 

(a) 

 landings  of  quantities  of  bluefin  tuna  less  than  one  metric  ton  or  three  fish. 
Such  paper  BCDs  shall  be  converted  to  eBCDs  within  a  period  of  seven 
working days or prior to export, whichever is first;  

(b)  bluefin tuna caught prior to  1 January 2017; 

(c) 

as a back-up in the limited event that technical difficulties with the system arise 
that  preclude  a  Member  State  from  using  the  eBCD  system,  following  the 
procedures as set forth in Annex 3 of ICCAT Recommendation [18-12]. Delays 
by  Member  States  in  taking  necessary  actions,  such  as  providing  the  data 

EN 

13 

  EN 

necessary  to  ensure  the  registration  of  users  in  the  eBCD  system  or  other 
avoidable situations, do not constitute an acceptable technical difficulty; 

(d) 

trade of Pacific tuna; 

(e) 

trade  between  the  European  Union  and  non-CPCs  where  access  to  the  eBCD 
system through the Secretariat is not possible or is not timely enough to ensure 
the trade is not unduly delayed or disrupted. 

The use of a paper BCD document referred to in paragraph 1 may not be invoked by 
a  Member  State  or  CPCs  as  a  reason  to  delay  or  deny  import  of  a  bluefin  tuna 
shipment, provided it comply with this Regulation. Printed eBCDs that are validated 
in the eBCD system satisfy the validation requirement stipulated in this Regulation.  

Flag  or  trap  Member  State  shall  provide  BCD  forms  only  to  catching  vessels  and 
traps  authorized  to  fish  bluefin  tuna  in  the  Convention  area,  including  as  by-catch. 
Such forms are not transferable.  

Paper copies of eBCDs shall follow each part of split lots or processed product, using 
the unique document number of the eBCD to link them. 

Article 12 
Communication and conservation of paper validated documents 

Except in cases where Article 4(4) applies, Member States shall communicate a copy 
of all validated BCDs or BFTRCs to: 

(a) 

(b) 

the Commission; 

the competent authorities of the Member State or CPC where the bluefin tuna 
will be domestically traded, or transferred into a cage or imported; and 

(c) 

the ICCAT Secretariat. 

Member States shall make the communication provided for in Paragraph 1 as soon as 
possible  and  in  any  event  within  five  working  days  of  the  date  of  validation,  or 
before the end of the transportation where the expected duration of the transportation 
should not take more than five working days. 

Member  States  shall  keep  copies  of  documents  issued  or  received  for  at  least  two 
years.  

Article 13 
Annual report 

By  15  August  of  each  year,  Member  States  shall  provide  the  Commission  with  a 
report comprising the information described in Annex 6 of ICCAT Recommendation 
[18-13], covering the period from 1 January to 31 December of the preceding year.  

Reports generated from the eBCD system shall be used to fulfil the annual reporting 
requirements. Member States shall provide in their annual report elements described 
in  Annex  6  to  ICCAT  Recommendation  [18-13]  that  cannot  be  produced  from  the 
eBCD system.  

The Commission shall draw up the Union’s annual report based on the information 
received  from  Member  States  in  accordance  with  paragraphs  1  and  2  and 
communicate it to the ICCAT Secretariat by 15 September of each year.  

2. 

3. 

4. 

1. 

2. 

3. 

1. 

2. 

3. 

EN 

14 

  EN 

CHAPTER VI 
FINAL PROVISIONS 

Article 14 
Procedure for amendments 

1. 

The Commission  is  empowered to  adopt  delegated acts,  in  accordance with Article 
15, amending this Regulation to adapt it to measures adopted by ICCAT that bind the 
Union and its Member States concerning: 

(a)  mandatory use of eBCD and BCD pursuant to Article 3(1) and (2); 

(b) 

rules of BCD pursuant to Article 3(6); 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

validations of the BCD and eBCD pursuant to Article 4; 

recording  and  validation  of  catch  and  subsequent  trades  in  the  eBCD  system 
pursuant to Article 5; 

the derogation deadline referred to in Article 5(4) and Article 6(5); 

information  concerning  validation  and  points  of  contact  pursuant  to  Article 
10(2); 

information  concerning  BCD documents  or printed eBCD pursuant  to  Article 
11(1); 

reporting dates referred to  in  Article 5(4), Article 6(2) and  Article 13(1) and 
(2); 

references to Annexes of ICCAT Recommendations as provided for in Article 
2(1), Article 4(6); Article 8(3); Article 11(1)(c) and Article 13(1) and (2). 

Amendments  made  pursuant  to  paragraph  1  shall  be  strictly  limited  to  the 
implementation into Union law of amendments to ICCAT Recommendations. 

Article 15 
Exercise of the delegation 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article. 

The power to adopt delegated acts referred to in Article 14 shall be conferred on the 
Commission  for  a  period  of  five  years  from  the  date  of  entry  into  force  of  this 
Regulation.  The  Commission  shall  draw  up  a  report  in  respect  of  the  delegation  of 
power  not  later  than  nine  months  before  the  end  of  the  five-year  period.  The 
delegation  of  power  shall  be  tacitly  extended  for  periods  of  an  identical  duration, 
unless the European Parliament or the Council opposes such extension not later than 
three months before the end of each period. 

The delegation of power referred to in Article  14 may be revoked at any time by the 
European Parliament or by the Council. A decision to revoke shall put an end to the 
delegation  of  the  power  specified  in  that  decision.  It  shall  take  effect  the  day 
following  the  publication  of  the  decision  in  the  Official  Journal  of  the  European 
Union  or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  any 
delegated act already in force. 

2. 

1. 

2. 

3. 

EN 

15 

  EN 

 
4. 

5. 

6. 

Before adopting a delegated act, the Commission shall consult experts designated by 
the 
in  accordance  with 
each  Member  State 
Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 

the  principles 

laid  down 

in 

As soon as it adopts a delegated act, the Commission shall simultaneously notify the 
European Parliament and to the Council. 

A delegated act adopted pursuant to Article 14 shall enter into force only where no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council 
within a period of two months of notification of the act to the European Parliament 
and the Council or if, before the expiry of that period, the European Parliament and 
the  Council  have  both  informed  the  Commission  that  they  will  not  object.  That 
period shall be extended by two months at the initiative of the European Parliament 
or of the Council. 

Regulation (EU) No 640/2010 is repealed. 

Article 16 

Repeal 

Article 17 
Entry into force 

This Regulation shall enter into force on the twentieth 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 

16 

  EN