CELEX: 51993PC0242
Language: en
Date: 1993-06-01
Title: Proposal for a COUNCIL REGULATION (EEC) introducing a system for the statistical monitoring of trade in bluefin tuna (Thuunus Thynnus) within the Community

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM(93) 242 final
                                          Brussels, 1 June 1993
                           Proposal for a
                      COUNCIL REGULATION (EEC)
     introducing a system for the statistical monitoring of trade
        in bluefin tuna (Thuunus Thynnus) within the Community
                   (presented by the Commission)
 ---pagebreak---                                                                          I
                          EXPLANATORY MEMORANDUM
The International Convention for the Conservation of Atlantic Tunas,
hereinafter referred to as the 'ICCAT Convention', is the international
forum for development of a policy on the management and conservation of
tuna in the Atlantic Ocean and adjacent seas. At its eighth
extraordinary meeting, held in Madrid from 8 to 13 November 1992, it
adopted a Resolution designed to make compulsory from 1 September 1993
the presentation of a statistical document, hereinafter referred to as
the 'Document', when bluefin tuna are imported into the territory of a
Contracting Party.
By Council Decision 86/238/EEC of 9 June 1986, the Community approved
its accession to the ICCAT Convention, as amended by the Protocol
annexed to the Final Act of the Conference of Plenipotentiaries of the
States Parties to the Convention signed at Paris on 10 July 1984.
Currently, it participates in the work of the ICCAT only as an
observer, pending completion of that body's ratification procedures.
However, those Community Member States which are currently members of
the Convention are required to respect and apply ICCAT Resolutions.
For the sound operation of the internal market and in order to ensure
the uniform application throughout the Community of this resolution,
implementing rules must be adopted at Community level.
The Resolution covers both the information to be provided in the
Document, the use to be made of it in world trade in bluefin tuna and
the collection of the statistical information obtained.
Implementation at Community level should provide for:
   - in the case of catches by vessels flying the flag of a Member
     State and registered there:
      • the issue of a Document in conformity with the model, completed
        and signed by the master of the fishing vessel under his
        respons ib i1ity;
      • checking of the document when the product is landed for
        marketing on Community territory by the competent authorities of
        the Member States;
   - in the case of catches by vessels from non-member countries:
      • the requirement to produce a similar document and its checking
        by the customs authorities when the product is entered for free
        circulation on Community territory;
   - the collection of this information for transmission to the ICCAT.
The Commission is therefore proposing adoption of the proposal for a
Council Regulation introducing a system for the statistical monitoring
of trade in bluefin tuna within the Community.
 ---pagebreak---                                                                                  3
                                   Proposal for a
                             COUNCIL REGULATION (EEC)
      introducing a system for the statistical monitoring of trade
          in bluefin tuna (Thuunus Thynnus) within the Community
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having   regard     to   the   Treaty   establishing     the   European   Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament1,
Whereas there should be an appropriate policy for the management and
conservation of tuna in the Atlantic Ocean and adjacent seas; whereas
the International Convention for the Conservation of Atlantic Tunas,
hereinafter    referred to as the        'ICCAT Convention', which came into
force on 21 March 1969, is the appropriate international                 forum for
development of that policy;
                                                                  I
Whereas by Council Decision 86/238/EEC of 9 June 1986                the Community
approved   its accession      to the    ICCAT Convention,     as amended    by the
Protocol     annexed     to    the    Final    Act    of    the    Conference    of
Plenipotentiaries of the States Parties to the Convention signed at
Paris on 10 July 1984; whereas it participates in the work of the ICCAT
only as an observer, pending completion of ratification procedures;
Whereas, in the context of measures to regulate stocks of bluefin tuna,
at  its eighth     extraordinary     meeting,   held   in Madrid    from  8 to   13
November    1992,    the   ICCAT   adopted   a   Resolution    designed   to   make
compulsory    from   1 September    1993 the presentation       of a statistical
document   when    bluefin   tuna   are   imported   into   the   territory   of  a
          1
         JZ, OJ No L 162, 18.6.1986, p. 33.
 ---pagebreak---                                                                               H
Contracting Party; whereas that Resolution states that the document is
to be drawn up by the country whose flag the vessel making the catch is
flying;
Whereas those Community Member States which are currently members of
the Convention are required to respect and apply ICCAT Resolutions;
whereas for the sound operation of the internal market and in order to
ensure   the  uniform   application   throughout    the  Community   of  this
Resolution, rules must be adopted at Community level;
Whereas those Community      rules should provide     for the  issuing of a
statistical    document   containing   certain   information;  whereas   that
document should be completed by the master of the vessel catching the
bluefin tuna; whereas it should be presented and checked when Community
vessels land their catch in the Community         and when bluefin tuna is
entered for free circulation on the customs territory of the Community;
Whereas   the   Member  States   should   impose  appropriate   penalties  on
operators who do not respect the provisions laid down;
Whereas the statistical information on trade in bluefin tuna obtained
under this system should be sent to the Commission for forwarding to
the ICCAT Commission,
HAS ADOPTED THIS REGULATION:
                                  Article 1
Trade   in bluefin   tuna   (Thunnus Thynnus) under     code CN   ... in the
Community   shall be subject to the statistical monitoring rules laid
down by this Regulation.
 ---pagebreak---                                Article 2
1. Any quantity of bluefin tuna as referred to in Article 1 caught by a
   vessel flying the flag of a Member State and registered there which
   is landed in the Community and/or exported to a non-member country
   shall be accompanied by a statistical document, hereinafter referred
   to as 'the statistical document', drawn up in accordance with the
   model in the Annex.
2. The statistical document shall be completed and signed by the master
   of the vessel which caught the bluefin tuna in question.  The master
   shall be responsible for the accuracy of the statements made.
3. The responsible authorities of the Member State of landing shall
   check the accuracy of the details given in the statistical document
   concerning quantities landed for marketing in the Community.
                               Article 3
1. Any quantity of bluefin tuna as referred to in Article 1 entered for
   free circulation on the Community market shall be accompanied by a
   statistical document signed by the master of the vessel making the
   catch and giving at least the details on the model in the Annex.
2. The customs authorities of the Member State where the product is
   entered for free circulation shall check the accuracy of the details
   given on the statistical document referred to in paragraph 1.
                               Article 4
The Member States shall notify the Commission of the measures taken to
check  the  accuracy  of  the  information  given  on  the  statistical
document, as referred to in Articles 2(3) and 3(2).
 ---pagebreak---                                                                               ç
                                 Article 5
1. No later than the first day of the second month following the end of
   the half-year concerned, the Member States shall sent the Commission
   the following information, as appropriate:
-  the quantities of each commercial presentation of bluefin tuna for
   the half-year landed on its territory by vessels flying the flag of
   a Member State and registered there, broken down by place of catch
   and  type   of  fishing  gear   used.   The   flag  state  and   state  of
   registration of vessel making the catch must be stated;
   the quantities of each commercial presentation of bluefin tuna for
   the half-year entered for free circulation on its territory, broken
   down by non-member country of origin, place of catch and type of
   fishing gear used.
2. The Commission shall send the information referred to in paragraph 1
   to   the  Commission    of  the    International    Convention    for  the
   Conservation   of Atlantic Tunas.
                                 Article 6
1. The Member   States shall take the necessary measures to penalize
   infringements of this Regulation.
2. The  Member   States  shall  notify   the   Commission  of  the   measures
   adopted pursuant to the first paragraph as soon as they are adopted,
   and in any case no later than 31 October 1993.
                                 Article 7
This Regulation shall enter into force on                     1993.
 ---pagebreak---                                                                       1
This  Regulation  shall  be   binding in its  entirety  and  directly
applicable in all Member States.
Done at Brussels,           1993             For the Council
                  The President
 ---pagebreak---                                                                         2
                                     ANNEX
                          "ICCAT" STATISTICAL DOCUMENT
  SPECIES : Bluefin Tuna (Thunnus Thynnus)
  FLAG STATE AND MEMBER STATE OF REGISTRATION OF THE VESSEL:
  NAME OF VESSEL MAKING THE CATCH AND NAME OF MASTER:
  PLACE OF CATCH* 1 ): - East Atlantic    - Mediterranean Sea
                         - West              - Others ...
  TYPE OF FISHING GEAR USED:
  PORT OF LANDING:
  DATE OF LANDING:
  EXPORTING MEMBER STATE 2 :
  NAMES OF EXPORTER AND IMPORTER2:
  COUNTRY OF DESTINATION2:
  DATE OF DISPATCH2:
 COMMERCIAL DESCRIPTION OF THE PRODUCT        QUANTITY (whole weight in
                                             tonnes)
                                             LANDED OR EXPORTED
Date:
                                            (Signature of master) 3
  (1)        Delete where appropriate
  2          To be completed in case of export to a non-member country.
  3          By his signature, the master of the vessel certifies that
             the information on the document is correct.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93) 242 flnai
                                                      DOCUMENTS
EN                                                                         03 17
                                 Catalogue number : CB-CO-93-272-EN-C
                                                             ISBN 92-77-56215-3
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