Council Regulation (EC) No 827/2004 of 26 April 2004 prohibiting imports of Atlantic bigeye tuna (Thunnus obesus) originating in Bolivia, Cambodia, Equatorial Guinea, Georgia and Sierra Leone and repealing Regulation (EC) No 1036/2001

Council Regulation (EC) No 827/2004
of 26 April 2004
prohibiting imports of Atlantic bigeye tuna (Thunnus obesus) originating in Bolivia, Cambodia, Equatorial Guinea, Georgia and Sierra Leone and repealing Regulation (EC) No 1036/2001
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Fishery resources, which are an exhaustible natural resource, should be protected in the interests of biological balances and global food security.
(2) In 1998 the International Commission for the Conservation of Atlantic Tunas (ICCAT), to which the European Community is a contracting party, adopted resolution 98-18 concerning unreported and unregulated catches of tuna by large-scale longline vessels in the Convention area.
(3) The stocks concerned cannot be managed effectively by the ICCAT contracting parties, whose fishermen are obliged to reduce their catches of tuna, unless all non-contracting parties fishing Atlantic bigeye tuna cooperate with ICCAT and comply with its conservation and management measures.
(4) ICCAT has identified Belize, Bolivia, Cambodia, Equatorial Guinea, Georgia, Honduras, Saint Vincent and the Grenadines and Sierra Leone as countries whose vessels fish Atlantic bigeye tuna in a manner which diminishes the effectiveness of the organisation's tuna conservation measures, substantiating its findings with data concerning catches, trade and the activities of vessels.
(5) Imports of Atlantic bigeye tuna originating in Belize, Cambodia, Equatorial Guinea, Honduras and Saint Vincent and the Grenadines are currently prohibited by Regulation (EC) No 1036/2001 of 22 May 2001 prohibiting imports of Atlantic bigeye tuna (Thunnnus obesus) originating in Belize, Cambodia, Equatorial Guinea, Saint Vincent and the Grenadines and Honduras(1).
(6) ICCAT has taken note of the strengthening of cooperation with Honduras for the conservation of Atlantic bigeye tuna. At its 2002 annual meeting it recommended the lifting of the prohibition of imports of Atlantic bigeye tuna in any form imposed by the contracting parties on Honduras.
(7) ICCAT has taken note of the progress of cooperation with Belize and Saint Vincent and the Grenadines for the conservation of Atlantic bigeye tuna. At its 2003 annual meeting it lifted, as of 1 January 2004, the prohibition of imports of Atlantic bigeye tuna in any form imposed by the contracting parties on Belize and Saint Vincent and the Grenadines.
(8) ICCAT's attempts to encourage Bolivia, Cambodia, Equatorial Guinea, Georgia and Sierra Leone to comply with measures for the conservation and management of Atlantic bigeye tuna have been to no avail.
(9) ICCAT has recommended its contracting parties to take appropriate steps to prohibit imports of Atlantic bigeye tuna products in any form from Bolivia, Georgia and Sierra Leone and to continue prohibiting such imports from Cambodia and Equatorial Guinea. These measures will be lifted as soon as it is established that the countries in question have brought their fishing practices into line with ICCAT's measures. These measures should therefore be implemented by the Community, which has sole competence in this matter. However, in view of the notification periods required by ICCAT, the ban on imports from Georgia should not enter into force until 1 July 2004.
(10) These measures are compatible with the Community's obligations under other international agreements.
(11) For the sake of transparency, Regulation (EC) No 1036/2001 should therefore be repealed and replaced by this Regulation,