CELEX: 52015PC0180
Language: en
Date: 2015-04-24
Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a multiannual recovery plan for Bluefin tuna in the eastern Atlantic and the Mediterranean repealing Regulation (EC) No 302/2009

EUROPEAN
                          COMMISSION
                                                Brussels, 24.4.2015
                                                COM(2015) 180 final
                                                ANNEXES 1 to 13
                                      ANNEXES
                                         to the
   Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE
   COUNCIL on a multiannual recovery plan for Bluefin tuna in the eastern Atlantic and
                the Mediterranean repealing Regulation (EC) No 302/2009
EN                                                                                     EN
 ---pagebreak---                                            ANNEX I
          Specific conditions applying to the fisheries referred to in Article 13(2)
   1. In addition to the provisions set out in Article 8(3), the maximum number of baitboats
      and trolling boats authorised to fish for Bluefin tuna in the Eastern Atlantic under the
      specific conditions applying to the derogation referred to in Article 13(2)(a) is set at
      the number of Union catching vessels participating in the directed fishery for Bluefin
      tuna in 2006.
   2  In addition to the provisions set out in Article 8(3), the maximum number of catching
      vessels authorised to fish for Bluefin tuna in the Adriatic sea for farming purposes
      under the specific conditions applying to the derogation referred to in Article 13(2)(b)
      is set at the number of Union catching vessels participating in the directed fishery for
      Bluefin tuna in 2008.
   3. In addition to the provisions set out in Article 8(3), the maximum number of baitboats,
      longliners and handliners authorised to fish for Bluefin tuna in the Mediterranean
      under the specific conditions applying to the derogation referred to in Article 13(2)(c)
      is set at the number of Union catching vessels participating in the directed fishery for
      Bluefin tuna in 2008.
   4. The maximum number of catching vessels determined in accordance with points 1, 2
      and 3 of this Annex shall be allocated among the Member States in accordance with
      the Treaty and in line with Article 16 of Regulation (EU) No 1380/2013.
   5. No more than 7 % of the Union quota for Bluefin tuna between 8 kg or 75 cm and 30
      kg or 115 cm shall be allocated among the authorised catching vessels referred to in
      Article 13(2)(a) and in point 1 of this Annex. The 7% of the Union quota shall be
      allocated among Member States in accordance with the Treaty and in line with Article
      16 of Regulation (EU) No 1380/2013.
   6. By way of derogation from Article 13(2)(a), within the 7% referred to in point 5 of
      this Annex, up to 100 tonnes may be allocated to the capture of Bluefin tuna of 6,4 kg
      or 70 cm by baitboats of less than 17 m.
   7. The maximum allocation of the Union quota among Member States to fish under the
      specific conditions applying to the derogation referred to in Article 13(2)(b) and point
      2 of this Annex shall be determined in accordance with the Treaty and in line with
      Article 16 of Regulation (EU) No 1380/2013.
   8. No more than 2 % of the Union quota for Bluefin tuna between 8 kg or 75 cm and 30
      kg or 115 cm shall be allocated among the authorised catching vessels referred to in
      Article 13(2)(c) and point 3 of this Annex. This quota shall be allocated among
      Member States in accordance with the Treaty and in line with Article 16 of Regulation
      (EU) No 1380/2013.
   9. Each Member State whose baitboats, longliners, handliners and trolling boats are
      authorised to fish for Bluefin tuna in accordance with Article 13(2) and this Annex
      shall establish the following tail tag requirements:
EN                                              2                                              EN
 ---pagebreak---    (a) tail tags are affixed on each Bluefin tuna immediately upon offloading;
   (b) each tail tag has a unique identification number and be included on Bluefin
       tuna statistical documents and written on the outside of any package containing
       tuna.
EN                                      3                                              EN
 ---pagebreak---                                              ANNEX II
                                     LOGBOOK REQUIREMENTS
   A – CATCHING VESSELS
   Minimum specifications for fishing logbooks:
   1.     the logbook shall be numbered by sheet;
   2.     the logbook shall be completed every day (midnight) or before port arrival;
   3.     the logbook shall be completed in case of at sea inspections;
   4.     one copy of the sheets shall remain attached to the logbook;
   5.     logbooks shall be kept on board to cover a period of one year of operation.
   Minimum standard information for fishing logbooks:
   1.     master’s name and address;
   2.     dates and ports of departure, dates and ports of arrival;
   3.     vessel name, register number, ICCAT number, international radio call sign and IMO
          number (if available).
   4.     fishing gear:
          (a)   type FAO code;
          (b)   dimension (e.g. length, mesh size, number of hooks);
   5.     operations at sea with one line (minimum) per day of trip, providing:
          (a)   activity (e.g. fishing, steaming);
          (b)   position: exact daily positions (in degree and minutes), recorded for each
                fishing operation or at noon when no fishing has been conducted during this
                day;
          (c)   record of catches including:
                (1)   FAO code
                (2)   round (RWT) weight in kg per day;
                (3)   number of pieces per day
         For purse seiners this should be recorded by fishing operation including nil return
   6.     master’s signature;
   7.     means of weight measure: estimation, weighing on board;
   8.     the logbook is kept in equivalent live weight of fish and mentions the conversion
          factors used in the evaluation.
   Minimum information for fishing logbooks in case of landing or transhipment:
   1.     dates and port of landing/transhipment;
   2.     products:
EN                                                4                                          EN
 ---pagebreak---           (a)    species and presentation by FAO code;
          (b)    number of fish or boxes and quantity in kg;
   3.     signature of the master or vessel agent;
   4.     in case of transhipment: receiving vessel name, its flag and ICCAT number.
   Minimum information for fishing logbooks in case of transfer into cages:
   1.     Date, time and position (latitude / longitude) of transfer
   2.     Products:
          (a)    Species identification by FAO code
          (b)    Number of fish and quantity in kg transferred into cages,
   3.     Name of towing vessel, its flag and ICCAT number
   4.     Name of the farm of destination and its ICCAT number
   5.     In case of joint fishing operation, in complement of information laid down in points 1
          to 4, the master shall record in their logbook:
          (a)    as regards the catching vessel transferring the fish into cages:
                 –     amount of catches taken on board
                 –     amount of catches counted against its individual quota,
                 –     the names of the other vessels involved in the JFO;
          (b)    as regards the other catching vessels of the same JFO not involved in the
                 transfer of the fish:
                 –     the name of those vessels, their international radio call signs and ICCAT
                       numbers,
                 –     that no catches have been taken on board or transferred into cages,
                 –     amount of catches counted against their individual quotas,
                 –     the name and the ICCAT number of the catching vessel referred to in (a).
   B –TOWING VESSELS
   1.     The master of a towing vessel shall record on his/her daily logbook, the date, time
          and position of transfer, the quantities transferred (number of fish and quantity in
          kg), the cage number, as well as the catching vessel name, flag and ICCAT number,
          the name of the other vessel(s) involved and their ICCAT number, the farm of
          destination and its ICCAT number, and the ICCAT transfer declaration number.
   2.     Further transfers to auxiliary vessels or to other towing vessel shall be reported
          including the same information as in point 1 as well as the auxiliary or towing vessel
          name, flag and ICCAT number and the ICCAT transfer declaration number.
   3.     The daily logbook shall contain the details of all transfers carried out during the
          fishing season. The daily logbook shall be kept on board and be accessible at any
          time for control purposes.
   C – AUXILIARY VESSELS
EN                                                 5                                             EN
 ---pagebreak---    1.     The master of an auxiliary vessel shall record the activities daily in his/her logbook
          including the date, time and positions, the quantities of Bluefin tuna taken onboard,
          and the fishing vessel, farm or trap name he/she is operating in association with.
   2.     The daily logbook shall contain the details of all activities carried out during the
          fishing season. The daily logbook shall be kept on board and be accessible at any
          time for control purposes.
   D – PROCESSING VESSELS
   1.     The master of a processing vessel shall report on his/her daily logbook, the date, time
          and position of the activities and the quantities transshipped and the number and
          weight of Bluefin tuna received from farms, traps or catching vessel where
          applicable. He/she should also report the names and ICCAT numbers of those farms,
          traps or catching vessel.
   2.     The master of a processing vessel shall maintain a daily processing logbook
          specifying the round weight and number of fish transferred or transshipped, the
          conversion factor used, the weights and quantities by product presentation.
   3.     The master of a processing vessel shall maintain a stowage plan that shows the
          location and the quantities of each species and presentation.
   4.     The daily logbook shall contain the details of all transshipments carried out during
          the fishing season. The daily logbook, processing logbook, stowage plan, original of
          ICCAT transshipment declarations shall be kept on board and be accessible at any
          time for control purposes.
EN                                               6                                                EN
 ---pagebreak---                                                                                                       ANNEX III
  Document No.                                                                                 ICCAT Transhipment Declaration
           Carrier vessel                                            Fishing Vessel                                 Final destination:
  Name of vessel and radio call sign:                       Name of the vessel and radio call sign:                 Port:
  Flag:                                                     Flag:                                                   Country:
  Flag State authorization No.                              Flag State authorization No.                            State:
  National Register No.                                     National register No.
  ICCAT Register No.                                        ICCAT Register No.
  IMO No.                                                   External identification:
                                                            Fishing logbook sheet No.
                         Day       Month      Hour      Year        |2_|0_|__|__|                   F.V Master’s name:                        Carrier vessel Master’s name:
  Departure              |__|__|   |__|__|    |__|__|   From:       |__________|
  Return                 |__|__|   |__|__|    |__|__|    To:        |__________|                         Signature:                                        Signature:
  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.
  LOCATION OF TRANSHIPMENT
  Port            Sea                 Species       Number      Type of         Type of     Type of       Type of          Type of     Type of     Further transhipments
                                                    of unit
                                                                 product         product     product      product           product    product
                                                    of          live            whole       gutted        head off         filleted
               Lat.       Long.                     fishes                                                                                         Date:                 Place/Position:
                                                                                                                                                   Authorization CP No.
                                                                                                                                                   Transfer vessel Master signature:
                                                                                                                                                   Name of receiver vessel:
EN                                                                                                           7                                                                           EN
 ---pagebreak---                                                                                                                                          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
  Obligations in case of transhipment:
  1.  The original of the transhipment declaration shall be provided to the recipient vessel (processing/transport).
  2.  The copy of the transhipment declaration shall be kept by the correspondent catching vessel or trap.
  3.  Further transhipping operations shall be authorized by the relevant CPC which authorized the vessel to operate.
  4.  The original of the transhipment declaration has to be kept by the recipient vessel which holds the fish, up to the landing place.
  5.  The transhipping operation shall be recorded in the logbook of any vessel involved in the operation.
EN                                                                                                                   8                                                        EN
 ---pagebreak---    ANNEX IV
EN    9     EN
 ---pagebreak---  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:                                        Tug                  vessel                name:     Name of destination farm:
 Call sign:                                                                                               Call sign:
                                                        ICCAT Register no.
 Flag:                                                                                                    Flag:
                                                                                                                                                               ICCAT Register no:
 Flag State transfer authorisation no.                                                                    ICCAT Register no:
 ICCAT Register no.                                                                                       External identification:
 External identification:                                                                                                                                      Cage Number:
 Fishing logbook no.
 JFO no.
 2 - TRANSFER INFORMATION
 Date:_ _ / _ _ / _ _ _ _                               Place or position:   Port:                               Lat:                                    Long:
 Number of individuals:                                                                                                               Species:
 Type of product:      Live F     Whole F      Gutted F    Other (Specify):
 Master of fishing vessel / trap operator / farm operator name and signature:      Master of receiver vessel (tug, processing, carrier) name and signature:    Observer Names, ICCAT No. and signature:
 3 - FURTHER TRANSFERS
 Date:_ _ / _ _ / _ _ _ _                               Place or position:   Port:                               Lat:                                    Long:
 Tug vessel name:                                       Call sign:                                        Flag:                                                ICCAT Register no.
 Farm State transfer authorisation no:                  External identification:                          Master of receiver vessel name and signature:
EN                                                                                                     10                                                                                               EN
 ---pagebreak---  Date:_ _ / _ _ / _ _ _ _              Place or position:   Port:               Lat:                                    Long:
 Tug vessel name:                      Call sign:                         Flag:                                               ICCAT Register no.
 Farm State transfer authorisation no: External identification:           Master of receiver vessel name and signature:
 Date:_ _ / _ _ / _ _ _ _              Place or position:   Port:               Lat:                                    Long:
 Tug vessel name:                      Call sign:                         Flag:                                               ICCAT Register no.
 Farm State transfer authorisation no: External identification:           Master of receiver vessel name and signature:
   4 – SPLIT CAGES
   Donor Cage no.                                            Kg:                       Nbr of fish:
   Donor Tug vessel name:                                    Call sign:                Flag:                                      ICCAT Register no.
   Receiving Cage no.                                        Kg:                       Nbr of fish:
   Receiving Tug vessel name:                                Call sign:                Flag:                                      ICCAT Register no.
   Receiving Cage no.                                        Kg:                       Nbr of fish:
   Receiving Tug vessel name:                                Call sign:                Flag:                                      ICCAT Register no.
   Receiving Cage no.                                        Kg:                       Nbr of fish:
   Receiving Tug vessel name:                                Call sign:                Flag:                                      ICCAT Register no.
EN                                                                      11                                                                           EN
 ---pagebreak---                                                             ANNEX V
                                                       Catch report form
  Flag ICC Vesse Repo  Rep  Repo   Catch  Location of                   Caught               Attributed weight in case joint fishing
        AT   l     rt   ort   rt   date    the catch                                                     operation (kg)
        Nu name  start end  durati
       mbe       date  date  on          Latitu   Lon   Weig     Num     Average weight (kg)
         r                   (d)           de     gitu    ht    ber of
                                                   de    (kg)    piece
                                                                   s
EN                                                               12                                                                  EN
 ---pagebreak---                                                                         ANNEX VI
                                       Joint fishing operation
  Flag    Vessel     ICCAT      Duration     Identity    Vessel's Allocation     Fattening and
  State    name        No        of the        of the    individu  key per       farming farm
                                operation    operator    al quota   vessel        destination
                                                  s
                                                                                CPC      ICCAT
                                                                                            No
  Date …
  Validation of the flag State …
EN                                                                           13                EN
 ---pagebreak---                                              ANNEX VII
                             ICCAT REGIONAL OBSERVER PROGRAMME
   ASSIGNMENT OF ICCAT REGIONAL OBSERVERS
   1.    Each ICCAT regional observer shall have the following qualifications to accomplish
         their tasks:
         (a)    sufficient experience to identify species and fishing gear;
         (b)    satisfactory knowledge of the ICCAT conservation and management measures
                assessed by a certificate provided by the Member States and based on ICCAT
                training guidelines;
         (c)    the ability to observe and record accurately;
         (d)    a satisfactory knowledge of the language of the flag of the vessel or farm
                observed.
   OBLIGATIONS OF THE ICCAT REGIONAL OBSERVER
   2.    The ICCAT regional observers shall:
         (a)    have completed the technical training required by the guidelines established by
                ICCAT;
         (b)    be nationals of one of the Member States and, to the extent possible, not of the
                farm or trap state or the flag state of the purse seine vessel. If however Bluefin
                tuna is harvested from the cage and traded as fresh products, the ICCAT
                regional observer that observes the harvest may be a national of the Member
                State responsible for the farm.
         (c)    be capable of performing the tasks set forth in point 3.
         (d)    be included in the list of ICCAT regional observers maintained by ICCAT;
         (e)    not have current financial or beneficial interests in the Bluefin tuna fishery.
   ICCAT REGIONAL OBSERVER TASKS
   3.    The ICCAT regional observer tasks shall be in particular:
         (a)    as regards observers on purse-seine vessels, to monitor the purse-seine vessels’
                compliance with the relevant conservation and management measures adopted
                by ICCAT. In particular the observer shall:
                (1)    In cases where the ICCAT regional observer observes what may
                       constitute non-compliance with ICCAT recommendation he/she shall
                       submit this information without delay to the ICCAT regional observer
                       implementing company who shall forward it without delay to the flag
                       state authorities of the catching vessel.
                (2)    record and report upon the fishing activities carried out;
EN                                                14                                               EN
 ---pagebreak---             (3)    observe and estimate catches and verify entries made in the logbook;
            (4)    issue a daily report of the purse-seine vessels’ transfer activities;
            (5)    sight and record vessels which may be fishing in contravention to ICCAT
                   conservation and management measures;
            (6)    record and report upon the transfer activities carried out;
            (7)    verify the position of the vessel when engaged in transfer;
            (8)    observe and estimate products transferred, including through the review
                   of video recordings;
            (9)    verify and record the name of the fishing vessel concerned and its
                   ICCAT number;
            (10) carry out scientific work such as collecting Task II data when required by
                   the Commission, based on the directives from the SCRS;
            (11) register and verify the presence of any type of tag, including natural
                   marks, and notify any sign of recent tag removals.
      (b)   as regards ICCAT regional observers in farms and traps, to monitor their
            compliance with the relevant conservation and management measures adopted
            by ICCAT. In particular the ICCAT regional observer shall:
            (1)    verify the data contained in the transfer declaration and caging
                   declaration and BCD, including through the review of video records;
            (2)    certify the data contained in the transfer declaration and caging
                   declaration and BCDs;
            (3)    issue a daily report of the farms’ and traps' transfer activities;
            (4)    countersign the transfer declaration and caging declaration and BCDs
                   only when he/she agrees that the information contained within them are
                   consistent with his/her observations including a compliant video record
                   as per that requirements in Articles 33(1) and 42(1);
            (5)    carry out such scientific work, for example collecting samples, as
                   required by the Commission, based on the directives from the SCRS.
      (c)   establish general reports compiling the information collected in accordance
            with this point and provide the master and farm operator the opportunity to
            include therein any relevant information;
      (d)   submit to the Secretariat the aforementioned general report within 20 days
            from the end of the period of observation;
      (e)   exercise any other functions as defined by the ICCAT Commission.
   4. The ICCAT regional observer shall treat as confidential all information with respect
      to the fishing and transfer operations of the purse seiners and of the farms and accept
      this requirement in writing as a condition of appointment as an ICCAT regional
      observer.
   5. The ICCAT regional observer shall comply with requirements established in the laws
      and regulations of the flag or farm State which exercises jurisdiction over the vessel
      or farm to which the ICCAT regional observer is assigned.
EN                                            15                                              EN
 ---pagebreak---    6.    The ICCAT regional observer shall respect the hierarchy and general rules of
         behaviour which apply to all vessel and farm personnel, provided such rules do not
         interfere with the duties of the ICCAT regional observer under this programme, and
         with the obligations of vessel and farm personnel set out in point 7 and Article 49(6).
   OBLIGATIONS OF THE FLAG MEMBER STATES TOWARDS ICCAT REGIONAL
   OBSERVERS
   7.    Member States responsible for the purse seine vessel, the farm or the trap, shall
         ensure that ICCAT regional observers shall be :
         (a)   allowed access to the vessel and farm personnel and to the gear, cages and
               equipment
         (b)   allowed access, upon request, to the following equipment, if present on the
               vessels to which they are assigned, in order to facilitate the carrying out of their
               duties set out in point 3 of Annex VI :
               (1)    satellite navigation equipment;
               (2)    radar display viewing screens when in use;
               (3)    electronic means of communication;
         (c)   provided with accommodation, including lodging, food and adequate sanitary
               facilities, equal to those of officers;
         (d)   provided with adequate space on the bridge or pilot house for clerical work, as
               well as space on deck adequate for carrying out observer duties.
   COSTS ARISING FROM THE ICCAT REGIONAL OBSERVER PROGRAMME
   8.    All costs arising from the operation of ICCAT regional observers shall be borne by
         each farm operator or owner of purse seiners
EN                                               16                                                 EN
 ---pagebreak---                                              ANNEX VIII
                       ICCAT SCHEME OF JOINT INTERNATIONAL INSPECTION
   ICCAT agreed at its Fourth Regular Meeting (Madrid, November 1975) and at its Annual
   Meeting in 2008 in Marrakesh that:
   Pursuant to paragraph 3 of Article IX of the Convention, the ICCAT Commission
   recommends the establishment of the following arrangements for international control outside
   the waters under national jurisdiction for the purpose of ensuring the application of the
   Convention and the measures in force thereunder:
   I. SERIOUS VIOLATIONS
   1.      For the purposes of these procedures, a serious violation means the following
           violations of the provisions of the ICCAT conservation and management measures
           adopted by the ICCAT Commission:
           (a)   fishing without a license, permit or authorisation issued by the flag CPC;
           (b)   failure to maintain sufficient records of catch and catch-related data in
                 accordance with the ICCAT Commission’s reporting requirements or
                 significant misreporting of such catch and/or catch-related data
           (c)   fishing in a closed area;
           (d)   fishing during a closed season;
           (e)   intentional taking or retention of species in contravention of any applicable
                 conservation and management measure adopted by ICCAT;
           (f)   significant violation of catch limits or quotas in force pursuant to ICCAT rules;
           (g)   using prohibited fishing gear;
           (h)   falsifying or intentionally concealing the markings, identity or registration of a
                 fishing vessel;
           (i)   concealing, tampering with or disposing of evidence relating to investigation of
                 a violation;
           (j)   multiple violations which taken together constitute a serious disregard of
                 measures in force pursuant to ICCAT;
           (k)   assault, resist, intimidate, sexually harass, interfere with, or unduly obstruct or
                 delay an authorised inspector or observer;
           (l)   intentionally tampering with or disabling the VMS;
           (m) such other violations as may be determined by the ICCAT, once these are
                 included and circulated in a revised version of these procedures;
           (n)   fishing with assistance of spotter planes;
           (o)   interference with the satellite monitoring system and/or operation of a vessel
                 without a VMS system;
           (p)   transfer activity without transfer declaration;
EN                                                17                                                 EN
 ---pagebreak---           (q)    transhipment at sea.
   2.     In the case of any boarding and inspection of a fishing vessel during which the
          authorised inspector observe an activity or condition that would constitute a serious
          violation, as defined in point 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 also inform
          any inspection ship of the flag State of the fishing vessel known to be in the vicinity.
   3.     The ICCAT inspector shall register the inspections undertaken and any infringements
          detected, in the fishing vessel’s logbook.
   4.     The flag Member State shall ensure that, following the inspection referred to in point
          2 of this Annex, the fishing vessel concerned ceases all fishing activities. The flag
          Member State shall require the fishing vessel to proceed within 72 hours to a port
          designated by it, where an investigation shall be initiated.
   5.     If the vessel is not called to port; the flag Member State shall provide due
          justification in a timely manner to the European Commission which forwards the
          information to the ICCAT Secretariat, who shall make it available on request to other
          Contracting Parties.
   II. CONDUCT OF INSPECTIONS
   6.     Inspections shall be carried out by inspectors designated by the Contracting Parties.
          The names of the authorised government agencies and each inspector designated for
          that purpose by their respective governments shall be notified to the ICCAT
          Commission.
   7.     Ships carrying out international boarding and inspection duties in accordance with
          this Annex shall fly a special flag or pennant approved by the ICCAT Commission
          and issued by the ICCAT Secretariat. The names of the ships so used shall be
          notified to the ICCAT Secretariat as soon as practical in advance of the
          commencement of inspection activities. The ICCAT Secretariat shall make
          information regarding designated inspection vessels available to all CPCs, including
          by posting on its password-protected website;
   8.     Each inspector shall carry appropriate identity document issued by the authorities of
          the flag State, which shall be in the form shown in point 21 of this Annex;
   9.     Subject to the arrangements agreed under point 16 of this Annex, a vessel flagged to
          a Contracting Party and 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 flying the ICCAT
          pennant described in point 7 and carrying an inspector unless the vessel 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 inspection party,
          as specified in point 10 of this Annex, to board it and shall provide a boarding ladder.
          The master shall enable the inspection party to make such examination of equipment,
          catch or gear and any relevant documents as an inspector deems necessary to verify
          the compliance with the ICCAT Commission’s recommendations in force in relation
          to the flag State of the vessel being inspected. Further, an inspector may ask for any
          explanations that are deemed necessary.
EN                                               18                                                EN
 ---pagebreak---    10. The size of the inspection party shall be determined by the commanding officer of
       the inspection vessel taking into account relevant circumstances. The inspection
       party shall be as small as possible to accomplish the duties set out in this Annex
       safely and securely.
   11. Upon boarding the vessel, the inspector shall produce the identity documentation
       described in point 8 of this Annex. The inspector shall observe generally accepted
       international regulations, procedures and practices relating to the safety of the vessel
       being inspected and its crew, and shall minimize interference with fishing activities
       or stowage of product and, to the extent practicable, avoid action which would
       adversely affect the quality of the catch on board;
       Each Inspector shall limit his/her enquiries to the ascertainment of the observance of
       the ICCAT Commission’s recommendations in force in relation to the flag State of
       the vessel concerned. In making the inspection an inspector may ask the master of
       the fishing vessel for any assistance he/she may require. He/She shall draw up a
       report of the inspection in a form approved by the ICCAT Commission. He/She shall
       sign the report in the presence of the master of the vessel who shall be entitled to add
       or have added to the report any observations which he/she may think suitable and
       shall sign such observations.
   12. Copies of the report shall be given to the master of the vessel and to the government
       of the inspection party, which shall transmit copies to the appropriate authorities of
       the flag State of the inspected vessel and to the ICCAT Commission. Where any
       infringement of ICCAT recommendations is discovered the inspector shall, where
       possible, also inform any inspection ship of the flag State of the fishing vessel known
       to be in the vicinity.
   13. Resistance to an inspector or failure to comply with his/her directions shall be treated
       by the flag State of the inspected vessel in a manner similar to such conduct
       committed with respect to a national inspector.
   14. The inspector shall carry out his/her duties under these arrangements in accordance
       with the rules set out in this Regulation, but they shall remain under the operational
       control of their national authorities and shall be responsible to them.
   15. Contracting Parties shall consider and act on inspection reports, sighting information
       sheets as per recommendation 94-09 and statements resulting from documentary
       inspections of foreign inspectors under these arrangements on a similar basis in
       accordance with their national legislation to the reports of national inspectors. The
       provisions of this point shall not impose any obligation on a Contracting Party to
       give the report of a foreign inspector a higher evidential value than it would possess
       in the inspector’s own country. Contracting Parties shall collaborate in order to
       facilitate judicial or other proceedings arising from a report of an inspector under
       these arrangements.
   16. (a) Contracting Parties shall inform the ICCAT Commission by 15 February each
       year of their provisional plans for conducting inspection activities under this
       Regulation in that calendar year and the ICCAT Commission may make suggestions
       to Contracting Parties for the coordination of national operations in this field,
       including the number of inspectors and ships carrying inspectors.
       (b) The arrangements set out in this Regulation and the plans for participation shall
       apply between Contracting Parties unless otherwise agreed between them, and such
       agreement shall be notified to the ICCAT Commission. Provided however, that
EN                                            19                                                EN
 ---pagebreak---        implementation of the scheme shall be suspended between any two Contracting
       Parties if either of them has notified the ICCAT Commission to that effect, pending
       completion of such an agreement.
   17. (a) The fishing gear shall be inspected in accordance with the regulations in force for
       the subarea in which the inspection takes place. The inspector shall state the subarea
       for which the inspection took place, and a description of any violations found in the
       inspection report.
       (b) The inspector shall be entitled to inspect all fishing gear in use or on board.
   18. The inspector shall affix an identification mark approved by the ICCAT Commission
       to any fishing gear inspected which appears to be in contravention of the ICCAT
       Commission recommendations in force in relation to the flag State of the vessel
       concerned and shall record this fact in the inspection report.
   19. The inspector may photograph the gears, equipment, documentation and any other
       element he/she consider necessary in such a way as to reveal those features which in
       his/her opinion are not in conformity with the regulation in force, in which case the
       subjects photographed shall be listed in the report and copies of the photographs shall
       be attached to the copy of the report to the flag State.
   20. The inspector shall, as necessary, inspect all catch on board to determine compliance
       with ICCAT recommendations.
   21. The model Identity Card for inspectors is as follows:
EN                                            20                                               EN
 ---pagebreak--- EN 21 EN ---pagebreak---                                              ANNEX IX
                      Minimum standards for video recording procedures
   Transfer operations
   (1)    The electronic storage device containing the original video record shall be provided
          to the ICCAT regional observer as soon as possible after the end of the transfer
          operation who shall immediately initialize it to avoid any further manipulation.
   (2)    The original recording shall be kept on board the catching vessel or by the farm or
          trap operator where appropriate, during its entire period of authorisation.
   (3)    Two identical copies of the video record shall be produced. One copy shall be
          transmitted to the ICCAT regional observer present and one to the national observer
          on board the towing vessel, the latter of which shall accompany the transfer
          declaration and the associated catches to which it relates. This procedure shall only
          apply to national observers in the case of transfers between towing vessels.
   (4)    At the beginning and/or the end of each video, the ICCAT transfer authorisation
          number shall be displayed.
   (5)    The time and the date of the video shall be continuously displayed throughout each
          video record.
   (6)    Before the start of the transfer, the video shall include the opening and closing of the
          net/door and footage showing whether the receiving and donor cages already contain
          Bluefin tuna.
   (7)    The video recording shall be continuous without any interruptions and cuts and cover
          the entire transfer operation.
   (8)    The video record shall be of sufficient quality to estimate the number of Bluefin tuna
          being transferred.
   (9)    If the video record is of insufficient quality to estimate the number of Bluefin tuna
          being transferred, then a new transfer shall be requested by the control authorities.
          The new transfer shall include all the Bluefin tuna in the receiving cage into another
          cage which must be empty.
   Caging operations
   (1)    The electronic storage device containing the original video record shall be provided
          to the ICCAT regional observer as soon as possible after the end of the caging
          operation who shall immediately initialize it to avoid any further manipulation.
   (2)    The original recording shall be kept by the farm where applicable, during their entire
          period of authorisation.
   (3)    Two identical copies of the video record shall be produced. One copy shall be
          transmitted to the ICCAT regional observer deployed on the farm.
   (4)    At the beginning and/or the end of each video, the ICCAT caging authorisation
          number shall be displayed.
   (5)    The time and the date of the video shall be continuously displayed throughout each
          video record.
EN                                                22                                               EN
 ---pagebreak---    (6) Before the start of the caging, the video shall include the opening and closing of the
       net/door and whether the receiving and donor cages already contain Bluefin tuna.
   (7)  The video recording shall be continuous without any interruptions and cuts and
       cover the entire caging operation.
   (8) The video record shall be of sufficient quality to estimate the number of Bluefin tuna
       being transferred.
   (9) If the video record is of insufficient quality to estimate the number of Bluefin tuna
       being transferred, then a new caging operation shall be requested by the control
       authorities. The new caging operation shall include all the Bluefin tuna in the
       receiving farm cage into another farm cage which shall be empty.
EN                                           23                                               EN
 ---pagebreak---                                               ANNEX X
    Standards and procedures for the programmes and reporting obligations referred to in
                                     Articles 44(2)-(7) and 45(1)
   A. Use of stereoscopical cameras systems
   The use of stereoscopic cameras systems in the context of caging operations, as required by
   Article 44 of this Regulation, shall be conducted in accordance with the following:
   1.      The sampling intensity of live fish shall not be below 20% of the amount of fish being
           caged. When technically possible, the sampling of live fish shall be sequential, one in
           every five specimens being measured; such a sample shall be made up of fish
           measured at a distance between 2 and 8 meters from the camera.
   2.      The dimensions of the transfer gate connecting the donor cage and the receiving cage
           shall be set at maximum width of 10 meters and maximum height of 10 meters.
   3.      When the length measurements of the fish present a multi-modal distribution (two or
           more cohorts of distinct sizes), it shall be possible to use more than one conversion
           algorithm for the same caging operation; the most up to date algorithm(s) established
           by SCRS shall be used to convert fork lengths into total weights, according to the size
           category of the fish measured during the caging operation.
   4.      Validation of the stereoscopical length measurements shall be undertaken prior to each
           caging operation using a scale bar at a distance of between 2 and 8 m.
   5.      When the results of the stereoscopical programme are communicated, the information
           shall indicate the margin of error inherent to the technical specifications of the
           stereoscopic camera system, which shall not exceed a range of +/- 5 percent.
   6.      The report on the results of the stereoscopical programme shall include details on all
           the technical specifications above, including the sampling intensity, the way of
           sampling methodology, the distance from the camera, the dimensions of the transfer
           gate, and the algorithms (length-weight relationship). SCRS shall review these
           specifications, and if necessary provide recommendations to modify them.
   7.      In cases where the stereoscopic camera footage is of insufficient quality to estimate
           the weight of Bluefin tuna being caged, a new caging operation shall be ordered by the
           Member State authorities responsible for the catching vessel, the trap or the farm.
   B. Presentation and use of the results of the programmes
   1.      Decisions regarding differences between the catch report and the results from the
           stereoscopical system programme shall be taken at the level of the Joint Fishing
           Operation (JFO) or total trap catches, for JFOs and trap catches destined to a farm
           facility involving a single CPC and/or Member State. The decision regarding
           differences between the catch report and the results from the stereoscopical system
           programme shall be taken at the level of the caging operations for JFO's involving
           more than one CPC and/or Member State, unless otherwise agreed by all the flag
           CPC/Member State authorities of the catching vessels involved in the JFO.
EN                                                 24                                              EN
 ---pagebreak---    2. The Member State responsible for the farm shall provide a report to the Member State or
      CPC responsible for the catching vessel or the trap and to the Commission, including the
      following documents:
      (a) Technical stereoscopical system report including:
             –     general information: species, site, cage, date, algorithm;
             –     sizing statistical information: average weight and length, minimum weight and
                   length, maximum weight and length, number of fish sampled, weight
                   distribution, size distribution.
      (b) Detailed results of the programme, with the size and weight of every fish that was
           sampled.
      (c) Caging report including:
             –     general information on the operation: number of the caging operation, name of
                   the farm, cage number, BCD number, ITD number, name and flag of the
                   catching vessel or trap, name and flag of the towing vessel, date of the
                   stereoscopical system operation and footage file name;
             –     algorithm used to convert length into weight;
             –     comparison between the amounts declared in the BCD and the amounts found
                   with the stereoscopical system, in number of fish, average weight and total
                   weight (the formula used to calculate the difference shall be: (Stereoscopical
                   System-BCD) / Stereoscopical System * 100);
             –     margin of error of the system;
             –     for those caging reports relating to JFOs/traps, the last caging report shall also
                   include a summary of all information in previous caging reports.
   3. When receiving the caging report, the Member State authorities of the catching vessel or
      trap shall take all the necessary measures according to the following situations.
      (a) The total weight declared by the catching vessel or trap in the BCD is within the range
           of the stereoscopical system results:
             –     no release shall be ordered;
             –     the BCD shall be modified both in number (using the number of fish resulting
                   from the use of the control cameras or alternative techniques) and average
                   weight, while the total weight shall not be modified.
      (b) The total weight declared by the catching vessel or trap in the BCD is below the
           lowest figure of the range of the stereoscopical system results:
             –     a release shall be ordered using the lowest figure in the range of the
                   stereoscopical system results;
             –     the release operations shall be carried out in accordance with the procedure laid
                   down in Article 32(2) and Annex XI;
             –     after the release operations took place, the BCD shall be modified both in
                   number (using the number of fish resulting from the use of the control cameras,
                   minus the number of fish released) and average weight, while the total weight
                   shall not be modified.
EN                                                  25                                                EN
 ---pagebreak---       (c) The total weight declared by the catching vessel or trap in the BCD exceeds the
           highest figure of the range of the stereoscopical system results:
            –     no release shall be ordered;
            –     the BCD shall be modified for the total weight (using the highest figure in the
                  range of the stereoscopical system results), for the number of fish (using the
                  results from the control cameras) and average weight accordingly.
   4. For any relevant modification of the BCD, the values (number and weight) entered in
      Section 2 shall be consistent with those in Section 6 and the values in Sections 3, 4 and 6,
      shall be not higher those in Section 2.
   5. In case of compensation of differences found in individual caging reports across all
      cagings from a JFO/trap, whether or not a release operation is required, all relevant BCDs
      shall be modified on the basis of the lowest range of the stereoscopical system results. The
      BCDs related to the quantities of Bluefin tuna released shall also be modified to reflect the
      weight/number released. The BCDs related to Bluefin tuna not released but for which the
      results from the stereoscopical systems or alternative techniques differ from those reported
      caught and transferred shall also be amended to reflect these differences.
      The BCDs relating to the catches from where the release operation took place shall also be
      modified to reflect the weight/number released.
EN                                                 26                                               EN
 ---pagebreak---                                          ANNEX XI
                                      Release Protocol
   1. The release of Bluefin tuna from transport/farming cages 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 records to the ICCAT Secretariat.
   2. When a release order has been issued, the farm operator shall request the deployment
      of an ICCAT regional observer.
   3. The release of Bluefin tuna from traps into the sea shall be observed by a National
      Observer, who shall draft and submit a report to the responsible Member State control
      authorities.
   4. Before a release operation takes place, Member State control authorities might order a
      control transfer using standard and/or stereoscopic cameras to estimate the number and
      weight of the fish that need to be released.
   5. Member State authorities might implement any additional measures they consider
      necessary to guarantee that the release operations take place at the most appropriate
      time and place in order to increase the probability of the fish going back to the stock.
      The operator shall be responsible for the fish survival until the release operation has
      taken place. These release operations shall take place within 3 weeks of the
      completion of the caging operations.
   6. Following completion of harvesting operations, fish remaining in a farm and not
      covered by an ICCAT Bluefin catch document shall be released in accordance with the
      procedures described in 32(2) and this Annex.
EN                                            27                                               EN
 ---pagebreak---                                              ANNEX XII
                                        Treatment of dead fish
   During fishing operations by purse seiners, the quantities of fish found dead in the seine shall
   be recorded on the fishing vessel logbook and shall be deducted from the Member State quota
   accordingly.
   Recording/treating of dead fish during 1st transfer
   1) The BCD shall be provided to the operator of the towing vessel with Section 2 (Total
      Catch), Section 3 (Live fish trade) and Section 4 (Transfer – including “dead” fish)
      completed.
      The total quantities reported in Sections 3 and 4 shall be equal to the quantities reported in
      Section 2. The BCD shall be accompanied by the original ICCAT Transfer Declaration
      (ITD) in accordance with the provisions of this Regulation. The quantities reported in the
      ITD (transferred live), shall be equal to the quantities reported in Section 3 in the
      associated BCD.
   2) A split of the BCD with Section 8 (Trade information) shall be completed and given to the
      operator of the auxiliary vessel which transports the dead BFT to shore (or retained on the
      catching vessel if landed directly to shore). This dead fish and split BCD shall be
      accompanied with a copy of the ITD.
   3) The quantities of dead fish shall be recorded in the BCD of the catching vessel which made
      the catch or, in the case of JFOs, in the BCD of the catching vessels or of a vessel flying
      another flag participating in the JFO.
EN                                                28                                                 EN
 ---pagebreak---                                         ANNEX XIII
                                      Correlation table
   Regulation (EC) No 302/2009                 This Regulation
   Article 1                                   Articles 1 and 2
   Article 2                                   Article 3
   Article 3                                   Article 4
   Article 4(1)                                Article 5(1)
   Article 4(2)                                Article 6(1)(a)
   Article 4(3) and (5)                        Article 7
   Article 4(4),second subparagraph            Article 6(1)(a) and 6(2)
   Article 4(6)(a) and(b) and second           Article 52
   subparagraph
   Article 4(6), third subparagraph            Article 20(2)
   Article 4(7),(8),(9),(10),(11) and (12)     -
   Article 4(13)                               Article 5(3)
   Article 4(15)                               Article 17
   Article 5(1)                                Article 6(1)(b)
   Article 5(2),(3),(4),(5) and (6)            Article 8(1)(2)(3)(4)(5)(6)
   Article 5(7),(8),(9),first subparagraph     -
   Article 5(9) second subparagraph            Article 6(2)
   Article 6                                   Article 9
   Article 7                                   Article 10 and 11
   Article 8                                   Article 16
   Article 9(1) and (2)                        Article 13(1) and (2)
   Article 9(3),(4),(5),(7),(8),(9) and (10)   Annex I
   Article 9(6)                                -
   Article 9(11)                               Article 13(3)
   Article 9(12),(13),(14)(15)                 Article 14
   Article 10                                  -
   Article 11                                  Article 15(2),(3) and (5)
   Article 12(1),(2),(3) and (4)               Article 18
   Article 12(5)                               -
   Article 13(1),(2) and (3)                   Article 18
   Article 13(4)                               -
   Article 14(1),(2),(3) and (5)               Article 19
   Article 14(4)                               Article 20(1)
   Article 15                                  Article 21
   Article 16                                  Article 27(1),(3),(4)
   Article 17                                  Article 28
   Article 18(1)                               Article 23
   Article 18(2)                               Annex II
   Article 19                                  Article 22(1)(2)(3)
   Article 20(1) and (2)                       Article 24(1)(2)(3)
   Article 20(3) and (4)                       Article 25
   Article 21                                  Article 29(1)(2)(3)(4)(6)(7)
   Article 22(1) and (2), first                Article 31 (1),(3) and (5)
   subparagraph
   Article 22(2) second subparagraph           Article 32(1)
EN                                           29                             EN
 ---pagebreak---    Regulation (EC) No 302/2009                 This Regulation
   Article 22(3)                               Article 32(2)
   Article 22(4)                               Article 36(1),(2),(3)
   Article 22(5)                               Annex II
   Article 22(6)                               Article 31(6)
   Article 22(7)                               Article 33(1) and Annex IX
   Article 22(8) and (9), first subparagraph   Article 34
   Article 22(9), second subparagraph          -
   Article 22(10)                              Article 37
   Article 23                                  Article 30
   Article 24(1)                               Article 45(1)
   Article 24(2),(4) and (6)                   Article 38(2),(3),(4) and (5)
   Article 24(3)                               Article 39(1) and (2)
   Article 24(5)                               Article 40
   Article 24(7)                               Article 42(1) and Annex IX
   Article 24(8), first subparagraph           Article 43(1) and (2)
   Article 24(9)                               -
   Article 24(10)                              Article 46
   Article 24a                                 Annex X
   Article 25                                  Article 47
   Article 26(1)                               Article 24(4)
   Article 26(2)                               Article 25(1)
   Article 26(3)                               Article 24(5)
   Article 27(1)                               Article 29(5)
   Article 27(2)                               Article 41
   Article 27(3)                               Article 3(24)
   Article 28                                  Article 53
   Article 29                                  Article 50
   Article 30                                  Article 48
   Article 31(1) and (2)(a),(b),(c) and (h)    Article 51(2),(3),(4),(5) and (6)
   Article 31(2)(d),(e),(f),(g)                Annex VII
   Article 31(3) and (4)                       Annex VII
   Article 32                                  Article 33(2),(3) and (4)
                                               Article 42(2),(3) and (4)
   Article 33                                  -
   Article 33a                                 Article 51
   Article 34                                  Article 54
   Article 35                                  -
   Article 36                                  -
   Article 37                                  Article 55
   Article 38                                  Article 56
   Article 38a                                 Article 59(1)(2)
   Article 39                                  Article 61
   Article 40                                  -
   Article 41                                  Article 62
EN                                           30                                  EN
 ---documentbreak---                         EUROPEAN
                        COMMISSION
                                                 Brussels, 24.4.2015
                                                 COM(2015) 180 final
                                    Proposal for a
   REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
    on a multiannual recovery plan for Bluefin tuna in the eastern Atlantic and the
                Mediterranean repealing Regulation (EC) No 302/2009
EN                                                                                  EN
 ---pagebreak---                                       EXPLANATORY MEMORANDUM
   1.        CONTEXT OF THE PROPOSAL
   The proposal aims at transposing into Union law measures of the multiannual Bluefin Tuna
   (BFT) recovery plan in the Eastern Atlantic and the Mediterranean adopted by the
   International Commission for the Conservation of Atlantic Tunas (ICCAT)1 at its annual
   meetings between 2012 and 2014. ICCAT is the Regional Fisheries Management
   Organisation (RFMO) responsible for the management of tuna and tuna-like species in the
   Atlantic Ocean and adjoining seas to which the Union is a Contracting Party. The multiannual
   recovery plan for BFT was established in 20062 and entered into force in 2007.
   The ICCAT has the authority to adopt decisions (“recommendations”) for fisheries
   conservation and management in its area of competence; these acts are binding and essentially
   addressed to the ICCAT Contracting Parties but also contain obligations for operators (for
   example the vessel master). The ICCAT recommendations enter into force six months
   following their adoption and, in the case of the European Union, must be enacted into Union
   law to the extent to which they are not already covered by Union legislation.
   Certain ICCAT BFT measures were transposed through Regulation (EU) No 544/2014 of 15
   May 20143 which amended Council Regulation (EC) No 302/2009 of 6 April 20094. The
   purpose of that amendment was to transpose the measures on fishing seasons adopted by
   ICCAT in 2012 and 2013. With a view to ensure uniform and effective application throughout
   the European Union of all measures of the Recovery plan adopted between 2012 and 2014,
   the current proposal will incorporate them into a Regulation concerning a multiannual
   recovery plan for BFT in the eastern Atlantic and the Mediterranean. This Regulation will
   repeal Council Regulation (EC) No 302/2009.
   2.        RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND
             IMPACT ASSESSMENTS
   There was no need for consultation of interested parties or for an impact assessment.
   3.        LEGAL ELEMENTS OF THE PROPOSAL
   Summary of the proposed action
   The legislative initiative addresses the concern to ensure uniform and effective application of
   the most updated measures of the multiannual ICCAT BFT recovery plan throughout the
   European Union. The relevant conservation and management measures established through
   ICCAT Recommendations are not directly applicable to individual vessels or nationals of the
   Union. It is therefore necessary to transpose ICCAT BFT measures adopted in 2012, 2013 and
   2014 into Union law. The proposal contains technical measures such as those on transfer and
   caging operations of live BFT, including also measures on the use of stereoscopic cameras to
   1
           http://www.iccat.int/en/
   2
           Recommendation 06-05 by ICCAT to establish a multi-annual recovery plan for Bluefin tuna in the eastern Atlantic and
           Mediterranean.
   3
           Regulation (EU) No 544/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC)
           No 302/2009 concerning a multiannual recovery plan for Bluefin tuna in the eastern Atlantic and Mediterranean (OJ L 163,
           29.5.2012, p. 1).
   4
           Council Regulation (EC) No 302/2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and
           Mediterranean, amending Regulation (EC) No 43/2009 and repealing Regulation No 1559/2007 (OJ L 96, 15.4.2009, p. 1).
EN                                                               2                                                                   EN
 ---pagebreak---    estimate the quantities of BFT and releases, catch reporting requirements, and the
   implementation of the ICCAT Regional Observer Programme.
   Article 15(1) of Regulation (EU) No 1380/2013 of the European Parliament and of the
   Council5 introduced a landing obligation which will apply as of 1 January 2015 to BFT.
   However, under Article 15(2) of that Regulation, the landing obligation is without prejudice
   to the Union's international obligations, such as those resulting from ICCAT
   recommendations. Under that same provision the Commission is empowered to adopt
   delegated acts for the purpose of implementing such international obligations into Union law,
   including, in particular, derogations from the landing obligation. Accordingly, the discard of
   BFT will be allowed in some situations laid down in Commission Delegated Regulation (EU)
   No 2015/98 of 18 November6 and is not directly covered by this proposal.
   Legal basis
   Article 43(2) of the Treaty on the Functioning of the European Union.
   Subsidiarity principle
   The proposal falls under the exclusive competence of the Union (Article 3 (1)(d) TFEU). The
   subsidiarity principle does therefore not apply.
   Proportionality principle
   The proposal will ensure the transposition of the relevant ICCAT measures into Union law
   without exceeding what is necessary to achieve the objective pursued.
   Choice of instrument
   Proposed instrument: Regulation of the European Parliament and of the Council establishing a
   recovery plan as provided for in Article 9 of Regulation (EU) No 1380/2013.
   In view of the number of new elements and changes, for reasons of clarity, simplification and
   legal certainty, Regulation (EC) No 302/2009 will be repealed by this Regulation.
   4.        BUDGETARY IMPLICATION
   This measure does not involve any additional Union expenditure.
   5
           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 354/22, 28.12.2013, p. 1).
   6
           Commission Delegated Regulation (EU) 2015/98 of 18 November 2014 on the implementation of the Union's international
           obligations, as referred to in Article 15(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council,
           under the International Convention for the Conservation of Atlantic Tunas and the Convention on Future Multilateral Cooperation
           in the Northwest Atlantic Fisheries (OJ L 16/23, 23.01.2015, p. 1).
EN                                                                   3                                                                     EN
 ---pagebreak---                                                            Proposal for a
       REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
        on a multiannual recovery plan for Bluefin tuna in the eastern Atlantic and the
                           Mediterranean repealing Regulation (EC) No 302/2009
   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 Committee7,
   Acting in accordance with the ordinary legislative procedure,
   Whereas:
   (1)     The objective of the Common Fisheries Policy, as set out in Regulation (EU) No
           1380/20138 is to ensure exploitation of living aquatic resources that provides
           sustainable economic, environmental and social conditions.
   (2)     The Union is Party to the International Convention for the Conservation of Atlantic
           Tunas ("the Convention")9.
   (3)     At its 15th Special Meeting in 2006, the International Commission for the
           Conservation of Atlantic Tunas ("ICCAT"), established by the Convention, adopted
           Recommendation 06-0510 to establish a multiannual recovery plan for Bluefin tuna in
           the eastern Atlantic and in the Mediterranean ending in 2022 (the 'Recovery plan').
           This Recommendation entered into force on 13 June 2007.
   (4)     ICCAT Recommendation 06-05 was transposed into Union law by Council Regulation
           (EC) No 1559/200711 establishing a multi-annual recovery plan for Bluefin tuna in the
           Eastern Atlantic and the Mediterranean.
   (5)     At its 16th Special Meeting in 2008, ICCAT adopted Recommendation 08-0512
           amending Recommendation 06-05.
           In order to rebuild the stock, the Recovery plan established in 2006 and amended in
           2008 set up a gradual reduction in the total allowable catch level from 2007 to 2011,
   7
           (reference to be inserted)
   8
           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 354/22, 28.12.2013, p. 1).
   9
           International Convention for the Conservation of Atlantic Tunas ("the Convention") (L 162, 18/06/1986, p. 34).
   10
           Recommendation 06-05 by ICCAT to establish a multiannual recovery plan for Bluefin tuna in the Eastern Atlantic and the
           Mediterranean.
   11
           Council Regulation (EC) No 1559/2007 of 17 December 2007 establishing a multi-annual recovery plan for Bluefin tuna in the
           Eastern Atlantic and the Mediterranean (OJ L 340, 22.12.2007, p. 1).
   12
           Recommendation 08-05 amending the Recommendation by ICCAT to establish a multiannual recovery plan for Bluefin tuna in
           the Eastern Atlantic and the Mediterranean.
EN                                                                   4                                                                EN
 ---pagebreak---         restrictions on fishing within certain areas and time periods, a new minimum size for
        Bluefin tuna, measures concerning sport and recreational fishing activities, farming
        and fishing capacity measures and reinforced the ICCAT Scheme of Joint International
        Inspection.
   (6)  ICCAT Recommendation 08-05 was transposed into Union law by Council Regulation
        (EC) No 302/200913 concerning a multiannual recovery plan for Bluefin tuna in the
        eastern Atlantic and Mediterranean repealing Regulation (EC) No 1559/2007.
   (7)  At its 17th Special Meeting in 2010, ICCAT adopted Recommendation 10-0414,
        amending Recommendation 08-05. In order to rebuild the stock, Recommendation 10-
        04 established a further reduction of the total allowable catch, and the fishing capacity
        and reinforced the control measures, in particular those concerning transfer and caging
        operations. It also provided for 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.
   (8)  In order to transpose the revised international conservation measures of
        Recommendation 10-04 into Union law, Regulation (EC) No 302/2009 was amended
        by Regulation (EU) No 500/2012 of the European Parliament and the Council15.
   (9)  At its 18th Special Meeting in 2012, ICCAT adopted Recommendation 12-0316
        amending Recommendation 10-04. In order to strengthen the effectiveness of the
        Recovery plan it set up technical measures concerning the transfer and caging
        operations of live Bluefin tuna, new catch reporting requirements, the implementation
        of the ICCAT Regional Observer Programme and changes of the fishing seasons.
        Furthermore, it reinforced the role of the SCRS with regard to the Bluefin tuna stock
        assessment.
   (10) At its 23rd Regular Meeting in 2013, ICCAT adopted Recommendation 13-0717
        amending Recommendation 12-03 by introducing small changes on fishing seasons
        which do not affect the Union fleet. Furthermore, Recommendation 13-0818 was
        adopted which complements the Recovery plan. It set up a common procedure for the
        use of stereoscopical camera systems to estimate the quantities of bluefin tuna at the
        point of caging and introduced a flexible starting date for the fishing season of
        baitboats and trolling boats in the Eastern Atlantic.
   (11) In order to transpose essential measures such as those on fishing seasons of
        Recommendations 12-03 and 13-08 into Union law, Regulation (EC) No 302/2009
   13
        Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for Bluefin tuna in the eastern
        Atlantic and Mediterranean, amending Regulation (EC) No 43/2009 and repealing Regulation (EC) No 1559/2007 (OJ L 96,
        15.4.2009, p. 1).
   14
        Recommendation 10-04 amending the Recommendation by ICCAT to establish a multiannual recovery plan for Bluefin tuna in
        the Eastern Atlantic and the Mediterranean.
   15
        Regulation (EU) No 500/2012 of the European Parliament and of the Council of 13 June 2012 amending Council Regulation (EC)
        No 302/2009 concerning a multiannual recovery plan for Bluefin tuna in the eastern Atlantic and the Mediterranean (OJ L 157,
        16.6.2012, p. 1).
   16
        Recommendation 12-03 amending the Recommendation by ICCAT to establish a multiannual recovery plan for Bluefin tuna in
        the Eastern Atlantic and the Mediterranean.
   17
        Recommendation 13-07 amending the Recommendation 12-03 by ICCAT to establish a multiannual recovery plan for Bluefin
        tuna in the Eastern Atlantic and the Mediterranean.
   18
        Recommendation 13-08 by ICCAT Complementing Recommendation 12-03 which Established a Multi- annual Recovery Plan
        for Eastern Atlantic and Mediterranean Bluefin Tuna.
EN                                                             5                                                                     EN
 ---pagebreak---         was further amended by Regulation (EU) No 544/2014 of the European Parliament
        and the Council19.
   (12) At its 19th Special Meeting in 2014, ICCAT adopted Recommendation 14-0420
        amending Recommendation 13-07 and repealing Recommendation 13-08. Whilst
        some of the existing control provisions have been rationalised, the procedures for the
        use of stereoscopic camera at the point of caging were further specified and measures
        specific to release operations and the treatment of dead fish where introduced in the
        Recovery plan.
   (13) Recommendation 14-04 is binding on the Union.
   (14) All the amendments to the Recovery plan adopted by ICCAT in 2012, 2013 and 2014,
        which have not been subject to transposition yet, should be integrated into Union law.
        As this transposition concerns a plan whose objectives and measures were defined by
        ICCAT, this Regulation does not cover all the content of multiannual plans as set out
        under Articles 9 and 10 of Regulation (EU) No 1380/2013 of the European Parliament
        and of the Council21.
   (15) It is necessary to transpose into Union law future binding amendments of the
        Recovery plan. In order to swiftly incorporate into Union law such amendments, 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 European Commission (the
        "Commission"). It is of particular importance that the Commission carries out
        appropriate consultations during its preparatory work, including at expert level. The
        Commission, when preparing and drawing-up delegated acts, should ensure a
        simultaneous, timely and appropriate transmission of relevant documents to the
        European Parliament and Council.
   (16) In order to ensure uniform conditions for the implementation of provisions of this
        Regulation as regards transfer operations, caging operations and recording and
        reporting of trap and vessel activities, implementing powers should be conferred on
        the Commission. Those powers should be exercised in accordance with Regulation
        (EU) No 182/2011 of the European Parliament and of the Council22 laying down the
        rules and general principles concerning mechanisms for control by Member States of
        the Commission’s exercise of implementing powers.
   (17) The Commission should adopt immediately applicable implementing acts where, in
        duly justified cases relating to transfer operations, caging operations and recording and
        reporting of trap and vessel activities, imperative grounds of urgency so require.
   (18) For reasons of clarity, simplification and legal certainty, Regulation (EC) No 302/2009
        should be repealed by this Regulation.
   19
        Regulation (EU) No 544/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC)
        No 302/2009 concerning a multiannual recovery plan for Bluefin tuna in the eastern Atlantic and Mediterranean, (OJ L 163,
        29.5.2012, p. 1).
   20
        Recommendation 14-04 amending the Recommendation 13-07 by ICCAT to establish a multiannual recovery plan for Bluefin
        tuna in the Eastern Atlantic and the Mediterranean.
   21
        Regulation (EU) No 1380/2013 of the European Parliament and 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 354/22, 28.12.2013, p. 1).
   22
        Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and
        general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers
        (OJ L 55, 28.2.2011, p. 1).
EN                                                              6                                                                 EN
 ---pagebreak---    (19) Certain provisions of Regulation (EC) No 302/2009 have become obsolete, in
        particular since they are now covered by other Union acts, and should be deleted.
        Other provisions should be updated in order to reflect changes in legislation, in
        particular those resulting from the adoption of Regulation (EU) No 1380/2013.
   (20) In particular, Council Regulation (EC) No 1224/200923 establishes a Union system for
        control, inspection and enforcement with a global and integrated approach so as to
        ensure compliance with all the rules of the Common Fisheries Policy and Commission
        Implementing Regulation (EU) No 404/201124 lays down detailed rules for the
        implementation of Council Regulation (EC) No 1224/2009. Council Regulation (EC)
        No 1005/200825 establishes a Community system to prevent, deter and eliminate
        illegal, unreported and unregulated fishing. Those acts now cover some matters of
        Regulation (EC) No 302/2009 and in particular Article 33 on enforcement measures
        and Annex VIII on VMS transmission. It is therefore not necessary to include those
        provisions in this Regulation.
   (21) In accordance with Article 49(2) of Commission Implementing Regulation (EU) No
        404/2011, the conversion factors adopted by the SCRS apply to calculate the
        equivalent round weight of the processed Bluefin tuna, including for the purpose of
        this Regulation.
   (22) Moreover, in accordance with Article 95 of Council Regulation (EC) No 1224/2009
        Commission Implementing Decision 2014/156/EU26 has been adopted. Among others,
        that Implementing Decision establishes target benchmarks and objectives for the
        control of the Bluefin tuna fishery in the eastern Atlantic and the Mediterranean.
   (23) Paragraph 2.c of ICCAT Recommendation 06-0727 sets up a sampling program for the
        estimation of the number-at-size in the context of Bluefin tuna farming activities. That
        provision was transposed by Article 10 of Regulation (EC) No 302/2009. It is not
        necessary that this Regulation specifically provides for the sampling programme, as
        the needs of that sampling program are now fully covered by the programmes set up
        by paragraph 83 of Recommendation 14-04, which is to be transposed by this
        Regulation. That paragraph foresees the use of stereoscopic camera systems or
        alternative techniques providing the equivalent precision and covers all caging
        operations in order to refine the number and weight of fish.
   (24) Article 15(1) of Regulation (EU) No 1380/2013 introduced a landing obligation which
        applies as of 1 January 2015 to Bluefin tuna. However, under Article 15(2) of that
        Regulation, the landing obligation is without prejudice to the Union's international
        obligations, such as those resulting from ICCAT Recommendations. Under that same
   23
        Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance
        with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004,
        (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No
        1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC)
        No 1966/2006 (OJ L 343, 22.12.2009, p. 1.).
   24
        Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of
        Council Regulation 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common
        Fisheries Policy, (OJ L 112, 30.4.2011, p. 1.).
   25
        Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate
        illegal, unreported and unregulated fishing, amending Regulation (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004
        and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).
   26
        Commission Implementing Decision 2014/156/EU of 19 March 2014 establishing a specific control and inspection programme
        for fisheries exploiting stocks of bluefin tuna in the Eastern Atlantic and the Mediterranean, swordfish in the Mediterranean and
        for fisheries exploiting stocks of sardine and anchovy in the Northern Adriatic Sea (OJ L 85, 21.3.2014, p. 1).
   27
        Recommendation 06-07 by ICCAT on Bluefin tuna farming.
EN                                                                  7                                                                     EN
 ---pagebreak---           provision the Commission is empowered to adopt delegated acts, for the purpose of
          implementing such international obligations into Union law, including, in particular,
          derogations from the landing obligation. Accordingly, the discard of bluefin tuna will
          be allowed in some situations laid down in Commission Delegated Regulation (EU)
          No 2015/98 of 18 November 201428. This Regulation does therefore not need to cover
          such discard obligations,
   HAVE ADOPTED THIS REGULATION:
                                                         CHAPTER I
                                              GENERAL PROVISIONS
                                                                Article 1
                                                    Subject matter and scope
   1.        This Regulation lays down the general rules for the application by the Union of the
             Recovery plan as defined in Article 3(1).
   2.        This Regulation applies to Bluefin tuna in the eastern Atlantic and the
             Mediterranean.
                                                                Article 2
                                                               Objective
   The objective of this Regulation, in line with the Recovery plan as defined in Article 3(1) is to
   achieve a biomass corresponding to the maximum sustainable yield by 2022 with at least 60
   % probability.
                                                                Article 3
                                                              Definitions
   For the purpose of this Regulation, the following definitions shall apply:
   (1)     "Recovery plan" means the multiannual recovery plan for Bluefin tuna (Thunnus
           thynnus), which applies since 2007 until 2022 and was recommended by the
           International Commission for the Conservation of the Atlantic Tunas ('ICCAT');
   (2)     “fishing vessel” means any powered vessel used or intended for use for the purposes
           of the commercial exploitation of Bluefin tuna resources, including catching vessels,
           fish processing vessels, support vessels, towing vessels, vessels engaged in
           transhipment and transport vessels equipped for the transportation of tuna products
           and auxiliary vessels, except container vessels;
   (3)     “catching vessel” means a vessel used for the purposes of the commercial capture of
           Bluefin tuna resources;
   28
           Commission Delegated Regulation (EU) 2015/98 of 18 November 2014 on the implementation of the Union's international
           obligations, as referred to in Article 15(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council,
           under the International Convention for the Conservation of Atlantic Tunas and the Convention on Future Multilateral Cooperation
           in the Northwest Atlantic Fisheries (OJ L 16/23, 23.01.2015).
EN                                                                   8                                                                     EN
 ---pagebreak---    (4)  “processing vessel” means a vessel on board of which fisheries products are subject to
        one or more of the following operations, prior to their packaging: filleting or slicing,
        freezing and/or processing;
   (5)  “auxiliary vessel” means any vessel used to transport dead Bluefin tuna (not
        processed) from a transport/farming cage, a purse seine net or a trap to a designated
        port and / or to a processing vessel;
   (6)  “towing vessel’ means any vessel used for towing cages;
   (7)  "support vessel” means any other fishing vessel referred to under (2);
   (8)  “fishing actively” means, for any catching vessel and trap, the fact that it targets
        Bluefin tuna during a given fishing season;
   (9)  “joint fishing operation” means any operation between two or more purse seine
        vessels where the catch of one purse seine vessel is attributed to one or more other
        purse seine vessels in accordance with an allocation key;
   10.  “transfer operations” means:
          (i)   any transfer of live Bluefin tuna from the catching vessel's 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 live Bluefin tuna from one farm to another;
          (v)   any transfer of live Bluefin tuna from the trap to the transport cage.
   (11) "control transfer" means any additional transfer being implemented at the request of
        the fishing/farming operators or the control authorities for the purpose of verifying the
        number of fish being transferred.
   (12) “trap” means fixed gear anchored to the bottom usually containing a guide net that
        leads Bluefin tuna into an enclosure or series of enclosures where it is kept prior to
        harvesting.
   (13) “caging” means the transfer of live Bluefin tuna from the transport cage or trap to the
        farming cages;
   (14) “farming” means caging of Bluefin tuna in farms and subsequent feeding aiming to
        fatten and increase their total biomass;
   (15) “farm” means installation used for the farming of Bluefin tuna caught by traps and/or
        purse seiners;
   (16) "farming capacity" means the capacity of a farm to hold fish for fattening and farming
        purposes in tonnes";
   (17) "harvesting'" means the killing of Bluefin tuna in farms or traps;
   (18) “transhipment” means the unloading of all or any of the fish on board a fishing vessel
        to another fishing vessel. Unloading of dead Bluefin tuna from the purse seiner net or
        the towing vessel to an auxiliary vessel shall not be considered as a transhipment.
   (19) “sport fishery” means non-commercial fisheries whose members adhere to a national
        sport organization or are issued with a national sport license;
EN                                               9                                                EN
 ---pagebreak---    (20)    “recreational fishery” means non-commercial fisheries whose members do not adhere
          to a national sport organisation or are not issued with a national sport license;
   (21)    "stereoscopic camera" means a camera with two or more lenses, with a separate image
          sensor or film frame for each lens, enabling to capture three-dimensional images;
   (22)    “control cameras” means stereoscopic cameras and/or conventional video cameras for
          the purpose of the controls foreseen in this Regulation.
   (23)    “BCD" or "electronic BCD” is a Bluefin Catch Document for Bluefin tuna. As
          appropriate, the reference to BCD shall be replaced by eBCD.
   (24)    "responsible Member State" and "Member State responsible" mean the flag Member
          State or the Member State in 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;
   (25)   "Task II" means Task II as defined by ICCAT in the "Field manual for statistics and
          sampling Atlantic tunas and tuna-like fish";29
   (26)   "CPC" means Contracting Parties to the Convention and Cooperating Non-Contracting
          Parties, Entities or Fishing Entities;
   (27)   "SCRS" means the Standing Committee on Research and Statistics of the ICCAT;
   (28)   "Convention Area" means the geographical area covered by ICCAT measures as set
          up in Article 1 of the Convention.
                                                   Article 4
                                               Length of vessels
   All lengths of vessels referred to in this Regulation shall be understood as length overall.
                                             CHAPTER II
                                        MANAGEMENT MEASURES
                                                   Article 5
                                Conditions associated to management measures
   1.       Each Member State shall take the necessary measures to ensure that the fishing
            activities of its catching vessels and its traps are commensurate with the fishing
            opportunities on Bluefin tuna available to that Member State in the eastern Atlantic
            and Mediterranean.
   2.       No carry-over of any under-harvests shall be made under the Recovery plan.
   3.       Chartering of Union fishing vessels for Bluefin tuna fishing in the eastern Atlantic
            and the Mediterranean shall be prohibited.
   29
          Third edition, ICCAT, 1990.
EN                                                    10                                         EN
 ---pagebreak---                                                 Article 6
      Submission of fishing capacity management plans, fishing plans and farming management
                                                  plans
   1.       By 31 January each year, each Member State shall transmit to the Commission:
            (a)    a fishing plan for the catching vessels and traps fishing Bluefin tuna in the
                   eastern Atlantic and Mediterranean Sea;
            (b)    a fishing capacity management plan ensuring that the Member State's fishing
                   capacity is commensurate with its allocated quota;
   2.       The Commission shall compile the plans referred to in paragraph 1 and integrate
            them into the Union fishing and capacity management plan to be transmitted to the
            ICCAT Secretariat by 15 February of each year for discussion and approval by
            ICCAT.
   3.     By 15 April each year, each Member State that intends to modify the ICCAT plan for
          farming capacity in force shall transmit a farming management plan to the
          Commission, which shall transmit it to the ICCAT Secretariat.
                                                Article 7
                                             Fishing plans
   1.       The annual fishing plan submitted by each Member State shall identify the quotas
            allocated to each gear group referred to in Articles 10 and 11 and specify in
            particular:
            (a)     the catching vessels over 24 metres included in the vessel list referred to in
                   Article 19(1)(a), the individual quota allocated to them and the measures in
                   place to ensure the respect of the individual quotas and by-catch allowances;
            (b)    for the catching vessels less than 24 metres and for traps, at least the quota
                   allocated to producer organisations or groups of vessels fishing with similar
                   gear type.
   2.       Any subsequent modification to the annual fishing plan or the individual quotas
            allocated for catching vessels over 24 metres and included in the list referred to in
            Article 19(1)(a) shall be transmitted by the relevant Member State to the
            Commission at least three days before the exercise of the activity corresponding to
            that modification. The Commission shall transmit such modification to the ICCAT
            Secretariat at least 48 hours before the exercise of the activity corresponding to that
            modification.
                                                Article 8
                                  Fishing capacity management plans
   1.       The annual fishing capacity management plan submitted by each Member State shall
            comply with the conditions set out in this Article.
   2.       The maximum number of traps registered in a Member State and of fishing vessels
            flying the flag of a Member State, that may fish for, retain on board, tranship,
            transport, or land Bluefin tuna, shall be determined in accordance with the Treaty and
            in line with Article 16 of Regulation (EU) No 1380/2013.
EN                                                  11                                              EN
 ---pagebreak---    3.   The maximum number of fishing vessels flying the flag of a Member State engaged
        in the eastern Atlantic and Mediterranean Bluefin tuna fishery shall be limited to the
        number, and the total corresponding gross tonnage, of fishing vessels flying the flag
        of that Member State that fished for, retained on board, transhipped, transported or
        landed Bluefin tuna during the period from 1 January 2007 to 1 July 2008. That limit
        shall apply by gear type for catching vessels.
   4.   For vessels authorised to fish for Bluefin tuna under the derogation referred to in
        Article 13(2) additional conditions to determine the maximum number of fishing
        vessels are set out in Annex I.
   5.   The maximum number of traps of a Member State engaged in the eastern Atlantic
        and Mediterranean Bluefin tuna fishery shall be limited to the number of traps
        authorised by that Member State by1 July 2008.
   6.   By derogation to the provisions set up in paragraphs 3 and 5 for the years 2015, 2016
        and 2017, when a Member State can demonstrate that its fishing capacity might not
        allow the use of its full quota, that Member State may decide to include in its annual
        fishing plans referred to in Article 7, a higher number of traps and vessels.
   7    By way of derogation from paragraph 3 and 6, for the years 2015, 2016, and 2017,
        each Member State shall limit the numbers of its purse seiners not authorised to fish
        for Bluefin tuna under the derogation referred to in Article 13(2)b to the numbers of
        purse seiners it authorised in 2013 or 2014.
   8.   When setting up its Fishing capacity management plans, calculation of the fishing
        capacity of each Member State shall be based on the best catch rates per vessel and
        gear estimated in 2009 by the SCRS30 and agreed by ICCAT in the 2010 Inter-
        sessional meeting of the ICCAT Compliance Committee31. Following any revisions
        of those catch rates by the SCRS, Member States shall always apply the most recent
        catch rates agreed by the ICCAT.
                                                       Article 9
                                           Farming management plans
   1.   The farming management plan submitted by each Member State shall comply with
        the conditions set out in this Article.
   2.   The maximum tuna farming and fattening capacity for each Member State and the
        maximum input of wild caught Bluefin tuna that each Member State may allocate
        shall be determined in accordance with the Treaty and in line with Article 16 of
        Regulation (EU) No 1380/2013.
   3.   The maximum tuna farming and fattening capacity of a Member State shall be
        limited to the tuna farming and fattening capacity of the farms of that Member State
        that were registered in the ICCAT record of farming facilities or authorized and
        declared to ICCAT on 1 July 2008.
   4.   The maximum input of wild caught Bluefin tuna into the farms of a Member State
        shall be limited to the level of the input quantities registered with ICCAT by the
        farms of that Member State in the years 2005, 2006, 2007 or 2008.
   30
      2009 SCRS Report, English version, p. 128.
   31
      Report of the Inter-sessional meeting of the Compliance Committee, Madrid, Spain - February 24 to 26, 2010, point 5 and
      Appendix 3 to Annex 4.2.
EN                                                          12                                                                EN
 ---pagebreak---    5.     Within the maximum input quantity of wild caught Bluefin tuna referred to in
          paragraph 4, each Member State shall allocate maximum annual inputs to its farms.
                                        CHAPTER III
                                 TECHNICAL MEASURES
                                            SECTION 1
                                       FISHING SEASONS
                                              Article 10
      Longliners, purse seiners, pelagic trawlers, traps and sport and recreational fisheries
   1.     Bluefin tuna fishing by large-scale pelagic long line catching vessels over 24 metres
          shall be permitted in the eastern Atlantic and Mediterranean 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 as well as of the Norwegian Exclusive Economic Zone, where such
          fishing shall be permitted from 1 August to 31 January.
   2.     Purse seine fishing for Bluefin tuna shall be permitted in the eastern Atlantic and
          Mediterranean during the period from 26 May to 24 June with the exception of the
          Norwegian Exclusive Economic Zone where such fishing shall be permitted from 25
          June to 31 October.
   3.     Bluefin tuna fishing by pelagic trawlers shall be permitted in the eastern Atlantic
          during the period from 16 June to 14 October.
   4.     Bluefin tuna recreational and sport fishing shall be permitted in the eastern Atlantic
          and Mediterranean from 16 June to 14 October.
   5.     Fishing for Bluefin tuna by gears other than those referred to in paragraphs 1 to 4 and
          Article 11, including traps shall be permitted throughout the year.
                                              Article 11
                                    Baitboats and trolling boats
   1.     Bluefin tuna fishing by baitboats and trolling boats shall be permitted in the eastern
          Atlantic and the Mediterranean during the period from 1 July to 31 October.
   2.     Provided that the protection of the spawning grounds is not affected and that the total
          duration of the fishing season for those fisheries does not exceed four months, each
          Member State may decide on a different starting date for baitboats and trolling boats
          flying their flag and operating in the eastern Atlantic.
   3.     Each Member State shall specify in its fishing plan referred to in Article 7 whether
          the starting dates for those fisheries have been modified, as well as the coordinates of
          the areas concerned.
                                            SECTION 2
                   MINIMUM SIZE, INCIDENTAL CATCH, BY-CATCH
EN                                                13                                               EN
 ---pagebreak---                                                Article 12
                                        The landing obligation
   The provisions of this Section shall be without prejudice to Article 15 of Regulation (EU) No
   1380/2013, including any derogation in line with Article 15(2) of that Regulation.
                                               Article 13
                                             Minimum size
   1.      The minimum size for Bluefin tuna caught in the eastern Atlantic and in the
           Mediterranean shall be 30 kg or 115 cm fork length.
   2.      By way of derogation from paragraph 1, a minimum size for Bluefin tuna of 8 kg or
           75cm fork length shall apply to the following fisheries:
           (a)   Bluefin tuna caught in the eastern Atlantic by baitboats and trolling boats;
           (b)   Bluefin tuna caught in the Adriatic Sea for farming purposes;
           (c)   Bluefin tuna caught in the Mediterranean Sea by the coastal and artisanal
                 fishery for fresh fish by baitboats, longliners and handliners.
   3.      The specific conditions applying to the derogation referred to in paragraph 2 are set
           out in Annex I.
   4.      Member States concerned shall issue specific authorisations to the vessels to fish
           under the derogation referred to in paragraph 2. The vessels concerned shall be
           indicated in the list of catching vessels referred to in Article 19(1)a. For this purpose,
           the provisions laid down in Article 19 and 20 shall apply.
                                               Article 14
                                           Incidental catches
   1.      Incidental catches of maximum 5 % of Bluefin tuna weighing between 8 and 30kg or
           with a fork length between 75 and 115 cm shall be allowed for all catching vessels
           and traps fishing actively for Bluefin tuna.
   2.      The percentage of 5% referred to in paragraph 1 shall be calculated on the basis of
           the total catches of Bluefin tuna in number of fish retained on board the vessel or
           inside the trap at any time after each fishing operation.
   3.      Incidental catches shall be deducted from the quota of the Member State responsible
           for the catching vessels or trap.
   4.      Incidental catches of Bluefin tuna shall be subject to Articles 23, 28, 29 and 30.
                                               Article 15
                                                By-catch
   1.      Each Member State shall allocate a specific quota for the purpose of by-catch of
           Bluefin tuna and shall inform the Commission when transmitting its fishing plan.
   2.      Union vessels not fishing actively for Bluefin tuna shall avoid that by-catches of
           Bluefin tuna exceed, at any time following a fishing operation, 5% of the total catch
EN                                                 14                                                 EN
 ---pagebreak---              on board by weight or number of pieces. The calculation of that percentage by
             number of pieces shall only apply to tuna and tuna-like species managed by ICCAT.
   3.        Each Member State shall deduct all dead fish within the by-catches referred to in
             paragraph 2 from its quota. For Member States without a Bluefin tuna quota, the by-
             catches concerned shall be deducted from the specific Union Bluefin tuna by-catch
             quota established in accordance with the Treaty and in line with Article 16 of
             Regulation (EU) No 1380/2013.
   4.        If the quota allocated to the Member State of the fishing vessel or trap concerned has
             already been consumed, the catching of any Bluefin tuna shall be avoided. Dead
             Bluefin tuna must be landed and shall be subject to confiscation and the appropriate
             follow-up action. In accordance with Article 27, each Member State shall report
             information on such quantities on an annual basis to the Commission who shall
             forward it to the ICCAT Secretariat.
   5.        The procedures referred to in Articles 25, 28, 29, 30 and 54 shall apply to by-catch.
                                              SECTION 3
                                         USE OF AIRCRAFTS
                                                Article 16
                                           Use of aerial means
   The use of any aerial means, including aircrafts, helicopters or any types of unmanned aerial
    vehicles for searching for Bluefin tuna shall be prohibited.
                                          CHAPTER IV
                       SPORT AND RECREATIONAL FISHERIES
                                                Article 17
                           Specific quota for recreational and sport fisheries
   Each Member State shall regulate recreational and sport fisheries by allocating a specific
   quota for the purpose of those fisheries and shall inform the Commission thereof when
   transmitting its fishing plan.
                                                Article 18
                                     Recreational and sport fishery
   1.        Each Member State with a Bluefin tuna quota shall regulate recreational and sport
             fisheries by issuing fishing authorisations to vessels for the purpose of recreational
             and sport fishing.
   2.        For recreational and sport fisheries it shall not be allowed to catch more than one
             Bluefin tuna per vessel per day.
   3.        Any Bluefin tuna landed shall be done so whole, or gilled and/or gutted.
EN                                                  15                                              EN
 ---pagebreak---    4.   The marketing of Bluefin tuna caught during recreational and sport fishing shall be
        prohibited.
   5.   Each Member State shall record catch data including weight and length of each
        Bluefin tuna from recreational and sport fishing and communicate the data for the
        preceding year to the Commission by 30 June each year. The Commission shall
        forward that information to the SCRS.
   6.   Each Member State shall count dead catches of recreational and sport fisheries
        against the quota it allocated in accordance with Article 7(1) and Article 17.
                                             CHAPTER V
                                     CONTROL MEASURES
                                                 SECTION 1
                              RECORDS OF VESSELS AND TRAPS
                                                   Article 19
                                              Records of vessels
   1.   Each Member State shall submit electronically each year to the Commission one
        month before the start of the fishing seasons referred to in Articles 10 and 11, when
        applicable and otherwise one month before the start of the period of authorisation.
        (a)    a list of all catching vessels flying its flag authorised to fish actively for Bluefin
               tuna in the eastern Atlantic and Mediterranean by issue of a special fishing
               authorisation;
        (b)    a list of all other fishing vessels, other than catching vessels, flying its flag
               authorised to operate for Bluefin tuna in the eastern Atlantic and
               Mediterranean.
   2.   Both lists shall be set up in accordance with the format set in the Guidelines by
        ICCAT for submitting data and information required.
   3.   During a calendar year, a fishing vessel may be included in both of the lists referred
        to in paragraph 1 as long as it is not included in both lists at the same time.
   4.   The lists set out in paragraph 1 shall contain the vessel's name and Union fleet
        register number (CFR) as defined in Annex I to Commission Regulation (EC) No
        26/200432.
   5.   No retroactive submission shall be accepted. Subsequent changes to the lists referred
        to in paragraph 1 during a calendar year shall only be accepted if the notified fishing
        vessel is prevented from participating due to legitimate operational reasons or force
        majeure. In such circumstances the Member State concerned shall immediately
        inform the Commission of that fact, and shall provide:
        (a)    full details of the fishing vessel(s) intended to replace a vessel included in the
               lists referred to in paragraph 1; and
   32
      Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (OJ L 5, 9.1.2004, p.
      25).
EN                                                     16                                                                     EN
 ---pagebreak---         (b)      a comprehensive account of the reasons justifying the replacement and any
                 relevant supporting evidence or references.
   6. The Commission shall send the information referred to in paragraphs 1 and 2 to the
      ICCAT Secretariat so that the vessels can be entered into the ICCAT record of
      catching vessels authorised to fish actively for Bluefin tuna or in the ICCAT record of
      all other fishing vessels (catching vessels excluded) authorised to operate for Bluefin
      tuna.
   7. Article 8a(2), (6), (7) and (8) of Council Regulation (EC) No 1936/200133 shall apply
      with the necessary modifications.
                                                         Article 20
                                        Fishing authorisations for vessels
   1. Without prejudice to Article 15, Union fishing vessels not entered into the ICCAT
      records referred to in Article 19(1) shall not be authorised to fish for, retain on board,
      tranship, transport, transfer, process or land Bluefin tuna in the eastern Atlantic and
      Mediterranean.
   2. The flag Member State shall withdraw the fishing authorisation for Bluefin tuna and
      shall require the vessel to proceed immediately to a port designated by it when the
      individual quota is deemed to be exhausted.
                                                         Article 21
                           Records of traps authorised to fish for Bluefin tuna
   1. By 15 February each year, each Member State shall send to the Commission
      electronically a list of its traps authorised, by issue of a special fishing authorisation to
      fish for Bluefin tuna in the eastern Atlantic and Mediterranean. The list shall include
      the name of the traps and the register number and shall be set up in accordance with
      the format set in the Guidelines by ICCAT for submitting data and information
      required.
   2. The Commission shall send the list to the ICCAT Secretariat so that those traps can be
      entered into the ICCAT record of traps authorised to fish for Bluefin tuna.
   3. Union traps that are not entered into the ICCAT record shall not be authorised to fish
      for, retain, transfer, cage or land Bluefin tuna in the eastern Atlantic and
      Mediterranean.
   4. Article 8a(2), (4), (6), (7) and (8) of Regulation (EC) No 1936/2001 shall apply with
      the necessary modifications.
                                                         Article 22
                                               Joint fishing operations
   1. Any joint fishing operation for Bluefin tuna shall only be authorised with the consent
      of the flag Member State(s) concerned. To be authorised, each purse seine vessel shall
      be equipped to fish Bluefin tuna and have an individual quota. Joint fishing operations
      with other CPCs shall not be permitted.
   33
      Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain
      stocks of highly migratory fish (OJ L 263, 3.10.2001, p. 1).
EN                                                              17                                                             EN
 ---pagebreak---    2. Each Member State shall take the necessary measures to obtain the following
      information from its fishing vessels applying for an authorisation to take part in a joint
      fishing operation:
        (a)   the duration;
        (b)   the identity of the operators involved;
        (c)   the individual vessels' quotas;
        (d)   the allocation key between the fishing vessels for the catches involved; and
        (e)   the information on the farms of destination.
   3. At least 15 days before the start of the operation, each Member State shall send the
      information referred to in paragraph 2 to the Commission in the format set out in
      Annex VI. The Commission shall forward that information to the ICCAT Secretariat
      and to the flag State of other fishing vessels participating in the joint fishing operation
      at least 10 days before the start of the operation.
   4. In the presence of force majeure, the deadline set out in paragraph 3 shall not apply for
      the information requested under paragraph 2(e). In that case, Member States may
      submit to the Commission an update of that information as soon as possible, together
      with a description of the events constituting the force majeure. The Commission shall
      forward that information to the ICCAT Secretariat.
                                          SECTION 2
                                           CATCHES
                                            Article 23
                                    Recording requirements
   1. In addition to complying with Articles 14, 15, 23 and 24 of Regulation (EC) No
      1224/2009, the master of a Union catching vessel shall, if applicable, enter into the
      logbook the information listed in Part A of Annex II.
   2. Masters of towing vessels, auxiliary vessels and processing vessels shall record their
      activities in accordance with the requirements set out in Parts B, C and D of Annex II.
                                            Article 24
                       Catch reports sent by masters and trap operators
   1. Masters of catching vessels fishing actively for Bluefin tuna shall send to the
      authorities of the flag Member State daily information from logbooks, including the
      ICCAT register number, the vessel name, the beginning and end of the period of
      authorisation, date, time, location (latitude and longitude) and the weight and number
      of Bluefin tuna caught in the Convention area. They shall send that information
      electronically in the format set out in Annex V during the whole period in which the
      vessel is authorised to fish Bluefin tuna.
   2. Masters of purse seiners shall produce daily reports as referred to in paragraph 1 on a
      fishing operation by fishing operation basis, including operations where the catch was
      zero.
EN                                              18                                                EN
 ---pagebreak---    3. The reports referred to in paragraphs 1 and 2 shall be transmitted by the operator to its
      flag Member State authorities on a daily basis for purse seiners and vessels over 24
      metres by the latest at 9.00 GMT for the preceding day and for other catching vessels
      by the latest Monday midnight for the preceding week ending Sunday midnight GMT.
   4. Trap operators fishing actively for Bluefin tuna shall send a daily catch report
      including the ICCAT register number, date, time, catches (weight and number of fish),
      including zero catches. They shall send that information within 48 hours electronically
      in the format set out in Annex V to their Member State authorities during the whole
      period they are authorised to fish Bluefin tuna.
   5. The Commission may adopt implementing acts laying down detailed rules for the
      recording and reporting of vessels and trap activities pursuant to paragraphs 1 to 4.
      Those implementing acts shall be adopted in accordance with the examination
      procedure referred to in Article 59(2).
      On duly justified imperative grounds of urgency, the Commission shall adopt
      immediately applicable implementing acts in accordance with the procedure referred
      to in Article 59 (3).
                                           Article 25
                Weekly and monthly catch reports sent by the Member States
   1. Each Member State shall, upon receipt of the catch reports referred to in Article 24,
      promptly forward them electronically to the Commission and shall provide promptly
      to the Commission weekly catch reports for all catching vessels and traps in
      accordance with the format set out in Annex V. The Commission shall forward that
      information on a weekly basis to the ICCAT Secretariat in accordance with the format
      set in the Guidelines for Submitting Data and Information Required by ICCAT.
   2. Each Member State shall inform the Commission, before the 15th day of each month
      of the quantities of Bluefin tuna caught in the eastern Atlantic and Mediterranean
      which have been landed, transhipped, trapped or caged during the preceding month by
      the fishing vessels or traps flying the flag of or registered in that Member State. The
      information provided shall be structured by gear type including by-catch, catches in
      sport and recreational fisheries and zero catches. The Commission shall promptly
      forward that information to the ICCAT Secretariat.
                                           Article 26
                                Information on quota exhaustion
   1.   In addition to the provisions of Article 34 of Regulation (EC) No 1224/2009, each
        Member State shall inform the Commission when the quota allocated to a gear group
        referred to in Articles 10 and 11 of this Regulation is deemed to have reached 80%.
   2.   In addition to the provisions of Article 35 of Regulation (EC) No 1224/2009, each
        Member State shall inform the Commission when the quota allocated to a gear group
        referred to in Article 10 and 11 of this Regulation or to a joined fishing operation or
        to a purse seine vessel is deemed to be exhausted.
   3.   The information referred to in paragraph 2 shall be accompanied by official
        documentation proving the fishing stop or the call back to port issued by the Member
        State for the fleet, the gear group, the joined fishing operation, or the vessels with an
        individual quota including a clear indication of the date and the time of the closure.
EN                                             19                                                 EN
 ---pagebreak---                                           Article 27
                     Yearly reporting of catches by the Member States
   1. By 15 March each year, each Member State shall notify to the Commission detailed
      information on Bluefin tuna catches in the eastern Atlantic and the Mediterranean in
      the precedent fishing year. This information shall include:
      a)    the name and ICCAT number of each catching vessel;
      b)    the period of authorisation(s) for each catching vessel;
      c)    the total catches of each catching vessel including when the catch was zero
            throughout the period of authorisation(s);
      d)    the total number of days each catching vessel fished in the eastern Atlantic and
            Mediterranean throughout the period of authorisation(s); and
      e)    the total catch outside their period of authorisation (by-catch) including when
            the catch was zero.
   2. For vessels not authorised to fish actively for Bluefin tuna in the eastern Atlantic and
      Mediterranean but which caught Bluefin tuna as by-catch, the information to be
      submitted to the Commission at the same date indicated in paragraph 1 shall include:
      a)    the name and ICCAT number or national registry number of the vessel, if not
            registered with ICCAT; and
      b)    the total catches of Bluefin tuna.
   3. Each Member State shall notify to the Commission any information on vessels not
      covered by paragraphs 1 and 2 but known or presumed to have fished for Bluefin
      tuna in the eastern Atlantic and in the Mediterranean.
   4. The Commission shall transmit to the ICCAT Secretariat the information received
      under paragraphs 1, 2 and 3.
                                        SECTION 3
                           LANDINGS AND TRANSHIPMENTS
                                          Article 28
                                     Designated ports
   1. Each Member State shall designate ports or places close to the shore (designated
      ports) where landing or transhipping operations of Bluefin tuna are permitted.
   2. For a port to be determined as designated port, the port Member State shall specify
      permitted landing and transhipping times and places.
   3. By 15 February of each year, each Member State shall transmit a list of designated
      ports to the Commission which shall transmit this information to the ICCAT
      Secretariat.
   4. It shall be prohibited to land or tranship from fishing vessels any quantity of Bluefin
      tuna fished in the eastern Atlantic and Mediterranean at any place other than ports or
      places close to the shore designated by CPCs and by Member States in accordance
      with paragraphs 1 and 2.
EN                                            20                                               EN
 ---pagebreak---                                             Article 29
                                            Landings
   1.  Article 17 of Regulation (EC) No 1224/2009 shall apply to masters of Union fishing
       vessels over 12 metres' length included in the ICCAT list of vessels referred to in
       Article 19. The prior arrival notification under Article 17 of that Regulation shall be
       sent to the competent authority of the Member State (including the flag Member
       State) or CPC whose ports or landing facility they wish to use.
   2.  In addition, Masters of Union fishing vessels under 12 metres' length overall
       included in the ICCAT list referred to in Article 19 shall, at least four hours before
       the estimated time of arrival at the port, notify the competent authority of the
       Member State (including the flag Member State) or the CPC whose ports or landing
       facility they wish to use, at least of the following:
       (a)    estimated time of arrival;
       (b)    estimated quantity of Bluefin tuna retained on board; and
       (c)    information on the geographical area where the catches were taken.
   3.  Where Member States apply Article 80(3) of Regulation (EU) No 404/2011 to the
       notification under paragraphs 1 and 2, the estimated quantities of Bluefin tuna
       retained on board may be notified at the agreed time of notification prior to arrival.
   4.  Authorities of the port Member State shall keep a record of all prior notifications for
       the current year.
   5.  All landings shall be controlled by the relevant control authorities of the port
       Member State and a percentage shall be inspected based on a risk assessment system
       involving quota, fleet size and fishing effort. Full details of this control system
       adopted by each Member State shall be detailed in the annual inspection plan
       referred to in Article 51. This control system shall also apply to harvest operations.
   6.  The authorities of the port Member State shall send a record of the landing to the
       authorities of the flag State of the fishing vessel, within 48 hours of the end of the
       landing.
   7.  In addition to Article 23(1) of Regulation (EC) No 1224/2009, after each trip,
       masters of a Union catching vessel, independently of the length of that vessel shall
       submit a landing declaration:
      a)      to the competent authorities of the flag Member State
      b)      and, if the landing has taken place in a port of another Member State or CPC,
              to the competent authorities of the port Member State or CPC concerned
   8.  All landed catches shall be weighed.
                                            Article 30
                                         Transhipment
   1.  By way of derogation from Article 20 of Regulation (EC) No 1224/2009,
       transhipment at sea of Bluefin tuna in the eastern Atlantic and Mediterranean shall be
       prohibited in all circumstances.
   2.  Fishing vessels shall only tranship Bluefin tuna catches in designated ports under the
       conditions set out in Article 28.
EN                                              21                                             EN
 ---pagebreak---    3. The port Member State shall ensure full inspection coverage during all transhipping
      times and at all transhipping places.
   4. Prior to entry into any port, the masters or representatives of the receiving fishing
      vessels shall, at least 48 hours before the estimated time of arrival, provide the
      competent authorities of the Member State or CPC whose port they want to use with
      the following:
      (a)    estimated date, time and port of arrival;
      (b)    estimated quantity of Bluefin tuna retained on board, and information on the
             geographic area where it was taken;
      (c)    the name of the transhipping fishing vessel and its number in the ICCAT
             record of catching vessels authorised to fish actively for Bluefin tuna or in the
             ICCAT record of other fishing vessels authorised to operate for Bluefin tuna in
             the eastern Atlantic and Mediterranean;
      (d)    the name of the receiving fishing vessel, its number in the ICCAT record of
             catching vessels authorised to fish actively for Bluefin tuna or in the ICCAT
             record of other fishing vessels authorised to operate for Bluefin tuna in the
             eastern Atlantic and Mediterranean; and
      (e)    the tonnage and the geographic area of the catch of Bluefin tuna to be
             transhipped.
   5. Fishing vessels shall not be allowed to tranship unless they have obtained prior
      authorisation from their flag State.
   6. Masters of transhipping fishing vessels shall, before the transhipment starts, inform
      their flag State of the following:
      (a)    the quantities of Bluefin tuna to be transhipped;
      (b)    the date and port of the transhipment;
      (c)    the name, registration number and flag of the receiving fishing vessel and its
             number in the ICCAT record of catching vessels authorised to fish actively for
             Bluefin tuna or in the ICCAT record of other fishing vessels authorised to
             operate for Bluefin tuna; and
      (d)     the geographical area of the catch of Bluefin tuna.
   7. All transhipments shall be inspected by the Member State authorities at the
      designated port. The competent authority of the Member State shall:
      (a)    inspect the receiving fishing vessel on arrival and check the cargo and
             documentation related to the transhipment operation;
      (b)    send a record of the transhipment to the flag State authority of the transhipping
             fishing vessel, within 5 days after the transhipment has ended.
   8. By derogation from Article 21 and 22 of Regulation (EC) No 1224/2009 Masters of a
      Union fishing vessel shall, independently of its length, complete and send the ICCAT
      transhipment declaration to the competent authorities of the Member State whose
      flag the fishing vessel is flying. The declaration shall be transmitted no later than 48
      hours after the date of transhipment in port in accordance with the format set out in
      Annex III.
EN                                            22                                               EN
 ---pagebreak---                                          SECTION 4
                                TRANSFER OPERATIONS
                                          Article 31
                                   Transfer authorisation
   1. Before any transfer operation, the master of a catching vessel or the operator of the
      farm or trap where the transfer in question originates shall send to the competent
      authorities of their Member State a prior notification of transfer indicating:
      (a)    the name of the catching vessel, towing vessel, farm or trap and the ICCAT
             register number;
      (b)    the estimated time of transfer;
      (c)    the estimate of the quantity of Bluefin tuna to be transferred;
      (d)    information on the position (latitude/longitude) where the transfer will take
             place as well as the identifiable cage numbers;
      (e)    the name of the receiving towing vessel, the number of cages towed and, where
             appropriate, the ICCAT register number;
      (f)    the port, farm or cage of destination of the Bluefin tuna.
   2. For this purpose, a unique cage number shall be assigned to each cage. Numbers
      shall be issued with a unique numbering system that includes at least the 3 alfa-code
      letters corresponding to the flag of the towing vessels followed by three numbers.
   3. Fishing vessels, farms or traps shall not be allowed to transfer unless they have
      obtained prior authorisation from their State. The authorities of the responsible
      Member State shall decide for each transfer operation whether to grant authorisation.
      For that purpose, a unique identification number shall, for each transfer operation, be
      assigned and communicated to the master of the fishing vessel, the trap operator or
      the farm operator, as appropriate. Where authorisation is granted, that number shall
      comprise the three-letter code of the Member State, the four numbers indicating the
      year, and the three letters ‘AUT’, (authorisation), followed by sequential numbers.
      Where authorisation is refused, the number shall comprise the three- letter code of
      the Member State, the four numbers indicating the year, and the three letters ‘NEG’
      (non-authorisation), followed by sequential numbers.
   4. In the event that fish dies during the transfer operation, the responsible Member
      States and operators involved in the transfer shall proceed in accordance with the
      provisions set up in Annex XII.
   5. The transfer authorisation shall be granted or refused by the Member State
      responsible for the catching vessel, towing vessel, farm or trap, as appropriate, within
      48 hours following the submission of the prior notification of transfer.
   6. The authorisation for transfer by the responsible Member State shall not prejudge the
      authorisation of the caging operation.
                                          Article 32
                              Refusal of transfer authorisation
EN                                            23                                               EN
 ---pagebreak---    1.      The Member State responsible for the vessel, trap or farm shall not authorise the
           transfer if, on receipt of the prior notification of transfer, it considers that
           (a)    the catching vessel or the trap that is declared to have caught the fish does not
                  have sufficient quota;
           (b)    the quantity of fish has not been duly reported by the catching vessel or the trap
                  operator or has not been authorised to be caged, or has not been taken into
                  account for the consumption of the quota that may be applicable;
           (c)    the catching vessel or trap that is declared to have caught the fish is not
                  authorised to fish for Bluefin tuna; or
           (d)    the towing vessel declared to be the one to receive the transfer of fish is not
                  registered in the ICCAT record of all other fishing vessels (catching vessels
                  excluded) authorised to operate for Bluefin tuna, referred to in Article 19(1)(b),
                  or is not equipped with a Vessel Monitoring System (VMS).
   2.      If the transfer is not authorised:
           (a)    the Member State responsible for the catching vessel or trap shall issue a
                  release order to the master of the catching vessel or to the operator of the trap
                  or farm as appropriate and inform them that the transfer is not authorised and
                  that the fish have to be released into the sea;
           (b)    the master of the catching vessel, the farm operator or the trap operator, as
                  appropriate, shall release the fish;
           (c)    the release of Bluefin tuna shall be carried out in accordance with the
                  procedures set out in Annex XI.
                                                Article 33
                                      Monitoring by video camera
   1.      For transfer operations, the master of the catching vessel, towing vessel, farm
           operator or trap operator that transfers Bluefin tuna shall ensure that the transfer
           operations are monitored by video camera in the water in order to verify the number
           of fish being transferred. The minimum standards and procedures for video recording
           shall be in accordance with Annex IX.
   2.      Each Member State responsible for the vessel, trap or farm shall ensure that the video
           records referred to in paragraph 1 are made available to the ICCAT inspectors and
           regional observers.
   3.      Each Member State responsible for the vessel, trap or farm shall ensure that the video
           records referred to in paragraph 1 are made available to Union inspectors and
           national observers.
   4.      Each Member State responsible for the vessel, trap or farm shall take the necessary
           measures to avoid any replacement, editing or manipulation of the original video
           record.
                                                Article 34
      Verification by ICCAT regional observers and Launching and conduct of investigation
EN                                                  24                                               EN
 ---pagebreak---    1.     ICCAT regional observers on board the catching vessel or present at a trap, as referred
          to in the ICCAT Regional Observer Programme set out in Art 49 and Annex VII, shall
          record and report on the transfer operations carried out, observe and estimate catches
          transferred and verify entries made in the prior transfer authorisation referred to in
          Article 31 and in the ICCAT transfer declaration referred to in Article 36.
   2.     In cases where there is more than 10% difference by number between the estimates of
          catch made by the ICCAT regional observer, relevant control authorities and/or the
          master of the catching vessel, or representative of the trap, or when the video record is
          of insufficient quality or clarity to make such estimations, the Member State
          responsible for the catching vessel, farm or trap shall launch an investigation which
          shall be concluded prior to the time of caging at the farm or in any case within 96
          hours after being launched. Pending the results of that investigation, caging shall not
          be authorised and the catch section of the Bluefin tuna catch document (BCD) shall
          not be validated.
   3.     However, when the video record is of insufficient quality or clarity to estimate the
          number, the operator may request to the flag state authorities of the vessel, trap or
          farm to conduct a new transfer operation and to provide the corresponding video
          record to the ICCAT regional observer.
   4.     Without prejudice to the verifications conducted by an inspector, ICCAT regional
          observers shall sign the ICCAT transfer declaration only when their observations are
          in accordance with the ICCAT conservation and management measures and when the
          information contained in the transfer declaration is consistent with their observations
          including a compliant video record as required under Article 33(1). They shall sign
          that declaration with clearly written name and ICCAT number.
   5.     ICCAT regional observers shall also verify that the ICCAT transfer declaration is
          transmitted to the master of the towing vessel or to the farm or trap representative.
                                              Article 35
              Measures to estimate the number and weight of Bluefin tuna to be caged
   Member States shall take the necessary measures and actions to further explore
   methodologies to improve the estimate of both the number and weight of Bluefin tuna at the
   point of capture and caging. Each Member State shall report on the measures taken by 22
   August of each year to the Commission who shall submit those reports to the SCRS.
                                              Article 36
                                         Transfer declaration
   1.       Masters of catching or towing vessels, trap operators or farm operators shall, at the
            end of the transfer operation, complete and transmit to the competent authorities of
            their Member State the ICCAT transfer declaration, in accordance with the format set
            out in Annex IV.
   2.       Transfer declaration forms shall be numbered by the competent authorities of the
            Member State responsible for the vessels, farm or traps from which the transfers
            originate. The numbering system shall include the three-letter Member State code,
            followed by the four numbers indicating the year and three sequential numbers
            followed by the three letters ‘ITD’ (MS-20**/xxx/ITD).
EN                                                25                                                EN
 ---pagebreak---    3.       The original transfer declaration shall accompany the transfer of the 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.
   4.       Masters of vessels carrying out transfer operations (including towing vessels) shall
            report their activities in accordance with the requirements set out in Annex II.
                                                Article 37
                                            Implementing acts
   The Commission may adopt implementing acts laying down detailed rules for transfer
   operations under Articles 31 to 36. Those implementing acts shall be adopted in accordance
   with the examination procedure referred to in Article 59(2).
   On duly justified imperative grounds of urgency, the Commission shall adopt immediately
   applicable implementing acts in accordance with the procedure referred to in Article 59(3).
                                              SECTION 5
                                        CAGING OPERATIONS
                                                Article 38
                                          Caging authorisation
   1.       Prior to the start of each caging operation the anchoring of transport cages within 0.5
                         nautical mile of farming facilities shall be prohibited.
   2.       Before any caging operation, the competent authority of the Member State
            responsible for the farm shall inform the Member State or CPC responsible for the
            catching vessel or trap of the quantities caught by that vessel or trap and request a
            caging authorisation.
   3.       The caging operation shall not begin without the prior authorisation by
            (a)   the CPC or Member State responsible for the catching vessel or trap, or
            (b)   the CPC or Member State responsible for the farm if this has been agreed
                  among the Member States(s) or with the flag CPC involved.
   4.       The caging authorisation shall be granted or refused by the Member State or CPC
            responsible for the catching vessel, trap or farm, if applicable within one working
            day following the request and the submission of the information referred to in
            paragraph 2. If no response is received within one working day, the CPC or Member
            State responsible for the farm may authorise the caging.
   5.       Bluefin tuna shall be caged before 15 August unless the Member State or CPC
            responsible for the farm receiving the fish provides duly justified reasons. Such
            reasons shall be submitted with the caging report.
                                                Article 39
                                     Refusal of caging authorisation
EN                                                  26                                              EN
 ---pagebreak---    1.       The Member State responsible for the catching vessel, trap or farm if applicable shall
            refuse the caging authorisation if it considers, on receipt of the information referred
            to in Article 38(2), that:
            (a)     the catching vessel or trap that is declared to have caught the fish did not have
                    sufficient quota for the Bluefin tuna that were put into the cage;
            (b)     the quantity of fish has not been duly reported by the catching vessel or trap or
                    has not been taken into account for the calculation of the quota applicable;
            (c)     the catching vessel or trap that is declared to have caught the fish is not
                    authorised to fish for Bluefin tuna.
   2.       If the caging is not authorised, the Member State or CPC responsible for the catching
            vessel shall request to the Member State or CPC responsible for the farm, to seize the
            catches and to release the fish by issuing a release order.
   3.     Upon receipt of the release order, the farm operator shall proceed with the releases in
          accordance with the provisions set up in Annex XI.
                                                          Article 40
                                         Bluefin tuna catch documentation
   Member States responsible for farms shall prohibit any placing of Bluefin tuna in cages for
   the purpose of farming that is not accompanied by the documentation required by ICCAT in
   accordance with Regulation (EU) No 640/2010 of the European Parliament and of the
   Council34. The documentation must be accurate, complete and confirmed and validated by the
   CPC or Member State authorities of the catching vessels or traps.
                                                          Article 41
                                                         Inspections
    Member States responsible for farms shall take the necessary measures to inspect each caging
            operation in the farms.
                                                          Article 42
                                             Monitoring by video camera
   1.       Each Member State responsible for the farm shall ensure that caging operations are
            monitored by video camera in the water. A video record shall be produced for each
            caging operation in accordance with the provisions of Annex IX.
   2.       Each Member State responsible for the farm shall ensure that the video records
            referred to in paragraph 1 are made available to the ICCAT inspectors and regional
            observers.
   3.       Each Member State responsible for the farm shall ensure that the video records
            referred to in paragraph 1 are made available to Union inspectors and national
            observers.
   4.       Each Member State responsible for the farm shall take the necessary measures to
            avoid any replacement, editing or manipulation of the original video record.
   34
          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 (OJ L 194, 24.7.2010, p. 1).
EN                                                            27                                                                      EN
 ---pagebreak---                                                Article 43
                               Launching and conduct of investigations
   1.      Where there is a difference of more than 10 % in the number of Bluefin tuna between
           the estimates made by the ICCAT regional observer, the relevant Member State
           control authorities or the farm operator, the Member State responsible for the farm
           shall, in cooperation with the Member State responsible for the catching vessel or
           trap, launch an investigation.
   2.      Pending the results of that investigation, harvesting shall not take place and the
           farming section of the BCD shall not be validated.
   3.      The Member States responsible for the farm and for the catching vessel or trap which
           undertake the investigations may use other information at their disposal including the
           results of the programmes referred to under Article 44 to conclude the investigation.
                                               Article 44
      Measures and programmes to estimate the number and weight of Bluefin tuna to be caged
   1.      Member States shall take the necessary measures and actions as referred to in Article
           35.
   2.      A programme using stereoscopic camera systems or alternative techniques that
           provide the equivalent precision shall cover 100% of the caging operations in order
           to refine the number and weight of the fish in each caging operation.
   3.      That programme shall be implemented in accordance with the procedures set out in
           Annex X.
   4.      The results of that programme shall be communicated by the Member State
           responsible for the farm to the Member State responsible for the vessel or trap and to
           the Commission in accordance with Annex X.B. The Commission shall transmit it to
           the ICCAT Secretariat for transmission to the ICCAT regional observer.
   5.      When the results of the programme indicate that the quantities of Bluefin tuna being
           caged differ from the quantities reported caught and transferred, the Member State
           responsible for the farm shall, in cooperation with the Member State responsible of
           the catching vessel or trap, launch an investigation. If the investigation is not
           concluded within 10 working days from the communication of the results referred to
           in paragraph 4 or if the outcome of the investigation indicates that the number or
           average weight of Bluefin tuna is in excess of that reported caught and transferred,
           the flag CPC or Member State authorities of the catching vessel or trap shall issue a
           release order for the excess which must be released in accordance with the
           procedures laid down in Annex XI.
   6.      In accordance with the procedures set out in Annex X.B.3 and following the release,
           if applicable, the quantities derived from the programme shall be used to
           a) determine the final catch figures to be deducted from the national quota
           b) fill those figures in the caging declarations and relevant sections of the BCD.
   7.      Each Member State responsible for the farm shall report on the results of those
           programmes by 30 August of each year to the Commission who shall submit those
           reports to the SCRS.
EN                                                 28                                             EN
 ---pagebreak---    8.       The transfer of live Bluefin tuna from one farming cage to another farming cage shall
            not take place without the authorization and the presence of the farm State control
            authorities.
   9.       A difference superior or equal to 10% between the quantities of Bluefin tuna reported
            caught by the vessel/trap and the quantities established by the control cameras, as
            referred to in paragraph 5 and Article 43 shall constitute a potential non-compliance
            of the vessel/trap concerned and MS shall take the necessary measures to ensure the
            appropriate follow-up.
                                               Article 45
                                             Caging report
   1.     Within one week of the completion of the caging operation, the Member State
          responsible for the farm shall submit a caging report containing the elements set up in
          Annex X.B. to the Member State or CPC whose vessels or traps have caught the
          Bluefin tuna, and to the Commission. The report shall also contain the information
          included in the caging declaration as set out in Article 4b of and Annex Ia to Council
          Regulation (EC) No 1936/2001. The Commission shall forward the report to the
          ICCAT Secretariat.
   2.     For the purposes of paragraph 1, a caging operation shall not be deemed to be
          completed until any investigation launched and, if applicable, any release operation
          ordered, is concluded.
                                               Article 46
                                           Implementing acts
   The Commission may adopt implementing acts laying down detailed rules for caging
   operations pursuant to Article 38 to 45. Those implementing acts shall be adopted in
   accordance with the examination procedure referred to in Article 59(2).
   On duly justified imperative grounds of urgency, the Commission shall adopt immediately
   applicable implementing acts in accordance with the procedure referred to in Article 59(3).
                                              SECTION 6
                               MONITORING AND SURVEILLANCE
                                               Article 47
                                       Vessel monitoring system
   1.       The obligations under Article 9(2) of Regulation (EC) No 1224/2009 concerning the
            vessel monitoring device shall apply to all tug and towing vessels included in the
            ICCAT record of vessels referred to in Article 19(6) irrespective of their length.
   2.       Fishing vessels over 15 m length that are included in the ICCAT record of catching
            vessels referred to in Article 19(1)(a) or the ICCAT record of other vessels referred
            to in Article 19 (1)(b) of this Regulation shall begin to transmit VMS data to ICCAT
            at least 15 days before the opening of the fishing season and shall continue to
            transmit that data for at least 15 days after the closure of the fishing season, unless a
EN                                                 29                                                 EN
 ---pagebreak---        request is sent in advance to the Commission for the vessel to be removed from the
       ICCAT record of vessels.
   3. For control purposes, the transmission of VMS data from catching vessels that are
      authorised to fish actively for Bluefin tuna shall not be interrupted when vessels are in
      port unless a system of hailing in and out of port is in operation.
   4. Member States shall ensure that their Fisheries Monitoring Centres forward to the
      Commission and a body designated by it, in real time and using the format ‘https data
      feed’, the VMS messages received from the fishing vessels flying their flag. The
      Commission shall send electronically those messages to the ICCAT Secretariat.
   5.  Member States shall ensure that:
       (a)    VMS messages from the fishing vessels flying their flag are forwarded to the
              Commission at least every two hours when they operate in the eastern Atlantic
              and Mediterranean;
       (b)    in the event of technical malfunction of the VMS, alternative messages from
              the fishing vessels flying their flag received under Article 24(1) of (EU) No
              404/2011 are forwarded to the Commission within 24 hours of receipt by their
              Fisheries Monitoring Centres;
       (c)    messages forwarded to the Commission are sequentially numbered (with a
              unique identifier) in order to avoid duplication;
       (d)    messages forwarded to the Commission are in accordance with Article 24(3) of
              the Regulation (EU) No 404/2011.
   6.  Each Member State shall take the necessary measures to ensure that all messages
       made available to its inspection vessels are treated in a confidential manner and are
       limited to inspection at sea operations.
                                           Article 48
                                National Observer Programme
   1.  In respect of vessels active in the Bluefin tuna fishery, Member States shall ensure at
       least the following percentage levels of national observer coverage:
       (a)    20% of its pelagic trawlers (over 15m),
       (b)    20% of its long line vessels (over 15m),
       (c)    20% of its bait boats (over 15m),
       (d)    100% of towing vessels,
       (e)    100% of harvesting operations from traps.
   2. Member States shall issue National observers with an official identification document.
   3.  The national observer tasks shall be, in particular, to:
       (a)    monitor compliance by fishing vessels and traps with this Regulation;
       (b)    record, and report upon, the fishing activity which shall include the following:
              (i)   amount of catch (including by-catch), that also includes species
                    disposition, such as retained on board or discarded dead or alive;
              (ii)  area of catch by latitude and longitude;
EN                                             30                                               EN
 ---pagebreak---             (iii) measure of effort (such as the number of sets, number of hooks), as
                   defined in the ICCAT Field Manual for different gears;
            (iv) date of catch.
      (c)   observe and estimate catches and verify entries made in the logbook;
      (d)   sight and record vessels which may be fishing contrary to ICCAT conservation
            measures.
   4. In addition, national observers shall carry out scientific work, such as collecting Task
      II data as defined by ICCAT, when required by ICCAT, based on the instructions
      from the SCRS.
   5. Regarding the implementation of paragraphs 1 to 4, each Member State shall also:
      (a)   ensure representative temporal and spatial presence of national observers on its
            vessels and traps to ensure that the Commission receives adequate and
            appropriate data and information on catch, effort, and other scientific and
            management aspects, taking into account characteristics of the fleets and
            fisheries;
      (b)   ensure robust data collection protocols;
      (c)   ensure that national observers are properly trained and approved before
            deployment;
      (d)   ensure, to the extent practicable, minimal disruption to the operations of fishing
            vessels and traps fishing in the Convention Area.
   6. Data and information collected under each Member State observer programme shall
      be provided to the Commission by 15 July each year. The Commission shall forward
      that data and information to the SCRS and the ICCAT Secretariat, as appropriate.
                                          Article 49
                          ICCAT Regional Observer Programme
   1. The ICCAT Regional Observer Programme as set out in paragraphs 2 to 6 of this
      Article and as further specified in Annex VII shall apply in the Union.
   2. Member States shall ensure that an ICCAT regional observer is present on:
      (a)   all purse seiners authorised to fish Bluefin tuna;
      (b)   during all transfers of Bluefin tuna from purse seiners;
      (c)   during all transfers of Bluefin tuna from traps to transport cages;
      (d)   during all caging operations of Bluefin tuna in farms;
      (e)   during all harvesting of Bluefin tuna from farms.
   3. Purse seine vessels without an ICCAT regional observer shall not be authorised to
      fish or to operate in the Bluefin tuna fishery.
   4. Member States responsible for farms shall ensure an ICCAT regional observer
      presence during all caging operations and all harvesting of fish from those farms.
   5. ICCAT regional observers shall be tasked, in particular, to:
EN                                            31                                               EN
 ---pagebreak---       (a)    observe and monitor compliance of fishing and farming operations with Article
             42 of Regulation (EC) No 1005/2008, Article 90 of Regulation (EC) No
             1224/2009 and with the provisions of this Regulation;
      (b)    sign the ICCAT transfer declarations referred to in Article 36 of this
             Regulation, caging reports referred to in Article 45 of this Regulation and
             BCDs when they agree that the information contained therein is consistent with
             their observations,
      (c)    carry out scientific work, for example collecting samples, as required by
             ICCAT, based on the instructions from the SCRS.
   6. The flag Member State shall ensure that masters, crew, farm, trap and vessel owners
      do not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe ICCAT
      regional observers in the performance of their duties.
                                        SECTION 7
                         INSPECTIONS AND CROSS-CHECKS
                                         Article 50
                      ICCAT Scheme of Joint International Inspection
   1. The ICCAT Scheme of Joint International Inspection set out in Annex VIII shall
      apply in the Union.
   2. Member States whose fishing vessels are authorised to fish Bluefin tuna in the
      eastern Atlantic and Mediterranean shall assign inspectors and carry out inspections
      at sea under the ICCAT scheme.
   3. If, at any time, more than 15 fishing vessels flagged to a Member State are engaged
      in Bluefin tuna fishing activities in the Convention area, that Member State shall
      deploy an inspection vessel for the purpose of inspection and control at sea in the
      Convention area throughout the period that those vessels are there. That obligation
      shall be deemed to have been complied with where Member States cooperate to
      deploy an inspection vessel or where a Union inspection vessel is deployed in the
      Convention area.
   4. The Commission or a body designated by it may assign Union inspectors to the
      ICCAT scheme.
   5. The Commission or a body designated by it shall coordinate the surveillance and
      inspection activities for the Union. It may draw up, in concert with the Member
      States concerned, joint inspection programmes to enable the Union to fulfil its
      obligation under the ICCAT scheme. Member States whose fishing vessels are
      engaged in the fishery of Bluefin tuna shall adopt the necessary measures to facilitate
      the implementation of those programmes particularly as regards the human and
      material resources required and the periods and geographical areas when those
      resources are to be deployed.
   6. Member States shall inform the Commission by 1 April of each year of the names of
      the inspectors and the inspection vessels they intend to assign to the ICCAT scheme
      during the year. Using that information, the Commission shall draw up, in
      collaboration with the Member States, a plan for the Union participation in the
EN                                           32                                               EN
 ---pagebreak---        ICCAT scheme each year, which it shall send to the ICCAT Secretariat and the
       Member States.
                                            Article 51
                                 Transmission of inspection plans
   1.  By 31 January each year, Member States shall transmit their inspection plans to the
       Commission. The inspection plans shall be set up in accordance with:
       a)     the objectives, priorities, and procedures as well as benchmarks for inspection
              activities set up in the Specific Control and Inspection Programme for Eastern
              Atlantic and Mediterranean Bluefin tuna established under Article 95 of
              Regulation (EC) No 1224/2009.
       b)     the National Control action programme for Eastern Atlantic and Mediterranean
              Bluefin tuna established under Article 46 of Regulation (EC) No 1224/2009.
   2.  The Commission shall compile the national inspection plans and integrate them into
       the Union inspection plan. The inspection plan shall be transmitted by the
       Commission to the ICCAT Secretariat, for endorsement by ICCAT, together with the
       plans referred to in Article 6(1).
                                            Article 52
                               Inspections in case of infringements
   1.  The flag Member State shall take the action under paragraph 2 where a vessel flying
       its flag has:
       (a)    failed in its reporting requirement referred to in Article 23 and 24 or
       (b)    committed an infringement of the provisions set up by this Regulation, by
              Articles from 89 to 93 of Council Regulation (EC) No 1224/2009, by Chapter
              IX of Council Regulation (EC) No 1005/2008.
   2.  The flag Member State shall ensure that a physical inspection takes place under its
       authority in its ports or by another person designated by the flag Member State when
       the vessel is not in one of its ports.
                                            Article 53
                                           Cross-check
   1.  Each Member State shall verify, including by using inspection reports, observer
       reports and VMS data, the submission of logbooks and relevant information recorded
       in the logbooks of its fishing vessels in the transfer or transhipment documents and in
       the Bluefin tuna catch documents in accordance with Article 109 of Regulation (EC)
       No 1224/2009.
   2. Each Member State shall carry out cross-checks on all landings, all transhipments or
      cagings between the quantities by species recorded in the fishing vessels logbook or
      quantities by species recorded in the transfer or transhipment declaration and the
      quantities recorded in the landing declaration or caging declaration, and any other
      relevant document, such as an invoice and/or sales notes in line with Article 109 of
      Regulation EC (No) 1224/2009.
EN                                              33                                             EN
 ---pagebreak---                                                              SECTION 8
                                                          MARKETING
                                                              Article 54
                                                        Market measures
   1.        Without prejudice to the Regulation (EC) No 1224/2009, Regulation (EC) No
             1005/2008 and Regulation (EU) No 1379/2013 of the European Parliament and the
             Council35, Union trade, landing, imports, exports, placing 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 set
             up by this Regulation, Regulation (EU) No 640/2010 and Article 4b of Council
             Regulation (EC) No 1936/2001, shall be prohibited.
   2.        Union trade, imports, landings, placing in cages for fattening or farming, processing,
             exports, re-exports and the transhipment of eastern Atlantic and Mediterranean
             Bluefin tuna shall be prohibited if:
           a)         the Bluefin tuna was caught by fishing vessels or traps whose State does not
                      have a quota, catch limit or allocation of fishing effort for eastern Atlantic and
                      Mediterranean Bluefin tuna, under the terms of ICCAT management and
                      conservation measures, or
           b)         the Bluefin tuna was caught by a fishing vessel or a trap whose individual
                      quota or whose State’s fishing opportunities were exhausted at the time of the
                      catch.
   3.        Without prejudice to the Regulation (EC) No 1224/2009, Regulation (EC) No
             1005/2008 and Regulation (EU) No 1379/2013, Union trade, imports, landings,
             processing and exports from fattening or farming farms that do not comply with the
             Regulations referred to in paragraph 1 shall be prohibited.
                                                      CHAPTER VI
                                                 FINAL PROVISIONS
                                                              Article 55
                                                              Evaluation
   Member States shall submit each year by 15 September to the Commission a detailed report
   on their implementation of this Regulation. Based on the information received by Member
   States, the Commission shall submit each year by 15 October to the ICCAT Secretariat a
   detailed report on the implementation of the ICCAT Recommendation 14-04.
                                                              Article 56
                                                              Financing
   35
           Regulation (EU) No 1379/2013 of the European Parliament and the Council of 11 December 2013 on the common organisation of
           the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and
           repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).
EN                                                                 34                                                                EN
 ---pagebreak---    The multiannual recovery plan for Bluefin tuna in the eastern Atlantic and Mediterranean
   shall be deemed to be a multiannual plan within the meaning of Article 9 of Regulation (EU)
   No 1380/2013.
                                               Article 57
                                     Procedure for amendments
   1.      As far as is necessary, in order to incorporate into Union law amendments to the
           existing provisions of the Bluefin tuna recovery plan which become binding to the
           Union, the Commission may amend non-essential provisions of this Regulation by
           means of delegated acts in accordance with Article 58.
                                               Article 58
                              Exercise of the delegation for amendments
   1.       The power to adopt delegated acts is conferred on the Commission subject to the
            conditions laid down in this Article.
   2.       The delegation of power referred to in Article 57 shall be conferred on the
            Commission for an indeterminate period of time.
   3.       The delegation of power referred to in Article 57 may be revoked at any time by the
            European Parliament or by the Council. A decision of revocation 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 acts already in force.
   4.       As soon as it adopts a delegated act, the Commission shall notify it simultaneously to
            the European Parliament and to the Council.
   5.       A delegated act adopted pursuant to Article 57 shall enter into force only if no
            objection has been expressed either by the European Parliament or the Council
            within a period of 2 months of notification of that 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 2 months at the initiative of the European Parliament or the
            Council.
                                               Article 59
                                            Implementation
   1.       The Commission shall be assisted by the Committee for Fisheries and Aquaculture
            established by Article 47 of Regulation (EC) No 1380/2013. That committee shall be
            a committee within the meaning of Regulation (EU) No 182/2011.
   2.       Where reference is made to this paragraph, Article 5 of Regulation (EU) No
            182/2011 shall apply.
   3.       Where reference is made to this paragraph, Article 8 of Regulation (EU) No
            182/2011, in conjunction with Article 5 thereof, shall apply.
EN                                                 35                                              EN
 ---pagebreak---                                                Article 60
                                                Repeal
   1.       Regulation (EC) No 302/2009 is hereby repealed.
   2.       References to the repealed Regulation shall be construed as references to this
            Regulation and shall be read in accordance with the correlation table set out in
            Annex XIII.
                                               Article 61
                                           Entry into force
   This Regulation shall enter into force on the third day following 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                   For the Council
   The President                                 The President
EN                                                 36                                                EN