Article 1 Subject matter
This Regulation lays down general rules for the uniform and effective implementation by the Union of the multiannual management plan for bluefin tuna ( Thunnus thynnus ) in the eastern Atlantic and the Mediterranean, as adopted by the International Commission for the Conservation of Atlantic Tunas (‘ICCAT’).
Article 2 Scope
This Regulation applies to: (b) Union farms; (c) third country fishing vessels and third country vessels engaged in recreational fisheries that operate in Union waters and catch bluefin tuna in the Convention Area; (d) third country vessels which are inspected in Member State ports and which carry on board bluefin tuna caught in the Convention Area or fishery products originating from bluefin tuna caught in Union waters that have not been previously landed or transhipped at ports.
Article 3 Objective
The objective of this Regulation is to implement the multiannual management plan for bluefin tuna, as adopted by ICCAT, which aims to maintain a biomass of bluefin tuna above levels capable of producing MSY.
Article 4 Relationship with other Union acts
Unless otherwise stated in this Regulation, this Regulation applies without prejudice to other Union acts governing the fisheries sector, in particular: (1) Regulation (EC) No 1224/2009; (2) Regulation (EC) No 1005/2008; (3) Regulation (EU) 2017/2403 of the European Parliament and of the Council ( 1 ); (4) Regulation (EU) 2017/2107; (5) Regulation (EU) 2019/1241 of the European Parliament and of the Council ( 2 ).
Article 5 Definitions
For the purpose of this Regulation, the following definitions apply: (1) ‘ICCAT’ means the International Commission for the Conservation of Atlantic Tunas; (2) ‘SCRS’ means the Standing Committee on Research and Statistics of the ICCAT; (3) ‘the Convention’ means the International Convention for the Conservation of Atlantic Tunas; (4) ‘Convention Area’ means the geographical area, as set out in Article I of the Convention; (5) ‘CPC’ means a Contracting Party to the Convention and a cooperating non-contracting party, entity or fishing entity; (6) ‘operator’ means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products; (7) ‘farm Member State’ or ‘Member State responsible for the farm’ means the Member State under whose jurisdiction the farm is located; (8) ‘flag Member State’ means the Member State where the fishing vessel is flagged; (9) ‘trap Member State’ or ‘Member State responsible for the trap’ means the Member States under whose jurisdiction the trap is located; (10) ‘fishing vessel’ means any powered vessel used for the purposes of the commercial exploitation of bluefin tuna resources, including catching vessels, processing vessels, support vessels, towing vessels, vessels engaged in transhipment, transport vessels equipped for the transportation of tuna products and auxiliary vessels, except container vessels; (11) ‘catching vessel’ means a vessel used for the purposes of the commercial capture of bluefin tuna resources; (12) ‘towing vessel’ means any vessel used for towing live bluefin tuna cages; (13) ‘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; (14) ‘support vessel’ means any fishing vessel, other than a catching vessel, processing vessel, towing vessel, vessel engaged in transhipment, transport vessel equipped for the transportation of tuna products or auxiliary vessel, authorised to operate in the bluefin tuna fishery to perform support tasks; (15) ‘auxiliary vessel’ means any vessel used to transport dead bluefin tuna (not processed) from a transport or farming cage, a purse seine vessel or a trap to a designated port or to a processing vessel; (17) ‘large-scale pelagic longline vessel’ means a pelagic longline vessel greater than 24 metres in length overall; (18) ‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources for recreation, tourism or sport; (19) ‘purse seine’ means any encircling net the bottom of which is drawn together by means of a purse line at the bottom of the net, which passes through a series of rings along the ground rope, enabling the net to be pursed and closed; (20) ‘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 purse seine vessels in accordance with a previously agreed allocation key; (21) ‘gear group’ means a group of fishing vessels using the same gear for which a group quota has been allocated; (22) ‘fishing effort’ means the product of the capacity and the activity of a fishing vessel to measure the intensity of the fishing operations; that measurement varies from gear to gear: for longline fisheries it is measured in number of hooks or hooks-hours; for purse seine vessels it is measured in terms of boat days (fishing time and searching time); (23) ‘fishing actively’ means, for any catching vessel, the fact that it targets bluefin tuna during a given fishing season; (24) ‘BCD’ means a bluefin tuna catch document; (25) ‘eBCD’ means an electronic bluefin tuna catch document; (26) ‘transhipment’ means the unloading of all or any of the fisheries products on board a fishing vessel to another fishing vessel; however, unloading of dead bluefin tuna from the purse seine, the trap or the towing vessel to an auxiliary vessel is not considered as transhipment; (27) ‘live bluefin tuna’ means bluefin tuna that is kept alive for a certain period in a trap, or transferred alive to a farming installation, caged, farmed and finally harvested or released; (28) ‘harvesting’ means the killing of bluefin tuna in farms or traps; (29) ‘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 or farming; (30) ‘caging’ means the relocation of live bluefin tuna in farms and their subsequent feeding aiming to fatten and increase their total biomass; (31) ‘control caging’ means a repetition of the caging operation being implemented at the request of the control authorities, for the purpose of verifying the number or the average weight of fish being caged; (32) ‘farming’ or ‘fattening’ means caging of bluefin tuna in farms and subsequently feeding aiming to fatten and increase their total biomass; (33) ‘farm’ means a marine area, in one or more locations all of which are clearly defined by geographical coordinates with a clear definition of longitude and latitude for each one of the points of the polygon, used for the fattening or farming of bluefin tuna caught by traps or purse seine vessels; (34) ‘input farming capacity’ means the maximum amount of wild bluefin tuna in tonnes that a farm is allowed to cage during a fishing season; (36) ‘control transfer’ means the repetition of any transfer being implemented at the request of control authorities; (37) ‘inter-farm transfer’ means the relocation of live bluefin tuna from one farm to another farm composed of two phases, a transfer from the donor farm cage to a transport cage and a caging from the transport cage to the receiving farm cage; (38) ‘first transfer’ means a transfer of live bluefin tuna from a purse seine or a trap to a transport cage; (39) ‘further transfer’ means any transfer that is conducted after the first transfer and before caging at the farm of destination, such as splitting or merging of the contents of two transport cages, with the exception of voluntary or control transfers; (40) ‘voluntary transfer’ means the repetition of any transfer being voluntarily implemented by the donor operator; (41) ‘control camera’ means a stereoscopic camera or conventional video camera for the purpose of the controls pursuant to this Regulation; (42) ‘stereoscopic camera’ means a camera with two or more lenses, with a separate image sensor or film frame for each lens, enabling the taking of three-dimensional images for the purpose of measuring the length of the fish; (43) ‘donor operator’ means the master, or the master’s representative, of the catching or towing vessel, or the operator, or the operator’s representative, of the farm or trap, from which, except in the case of voluntary and control transfers, a transfer operation originates; (44) ‘Member State of the donor operator’ means the Member State that exercises its jurisdiction over the donor operator.
Article 6 Conditions associated with fisheries management measures
1. Each Member State shall take the necessary measures to ensure that the fishing effort of its catching vessels and its traps is commensurate with the bluefin tuna fishing opportunities available to that Member State in the eastern Atlantic and the Mediterranean. Measures adopted by Member States shall include establishing individual quotas for their catching vessels over 24 metres in length overall included in the list of authorised vessels referred to in Article 26. 2. Each Member State shall require catching vessels to proceed immediately to a port designated by it when the individual quota of the vessel is deemed to be exhausted, in accordance with Article 35 of Regulation (EC) No 1224/2009. 3. Chartering operations shall not be permitted in the bluefin tuna fishery.
Article 7 Carry-over of non-harvested live bluefin tuna
1. The carry-over of non-harvested live bluefin tuna from previous years’ catches within a farm may be permitted only if a reinforced system of control is developed and reported by the Member State to the Commission. That system shall be an integral part of the Member State’s annual monitoring, control and inspection plan referred to in Article 14 and shall include at least the measures established pursuant to Articles 56c, 56d and 61. 3. Before a fishing season starts, Member States responsible for farms shall ensure a thorough assessment of any live bluefin tuna carried over after bulk-harvests in farms under their jurisdiction. With that aim, all carried-over live bluefin tuna of the catch year subject to bulk-harvest in farms shall be transferred to other cages using stereoscopic camera systems or alternative methods, provided that they ensure the same level of precision and accuracy, in accordance with Article 51. Fully documented traceability shall be ensured at all times. Carry-over of bluefin tuna from years that were not subject to bulk-harvest shall be controlled annually by applying the same procedure to appropriate samples based on a risk assessment. 4. The Commission may adopt implementing acts laying down detailed rules to develop a reinforced control system for the carry-over of live bluefin tuna. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68.
Article 8 Carry-over of unused quotas
1. Automatic carry-over of unused quota shall not be permitted 2. A Member State may request to transfer a maximum percentage of 5 % of its annual quota from one year to the following year. The Member State concerned shall include that request in its annual fishing and capacity management plans to be included in the Union fishing and capacity management plan for endorsement by ICCAT.
Article 9 Quota transfers
1. Transfers of quotas between the Union and the other CPCs shall only be carried out with the prior authorisation of the Member States and CPCs concerned. The Commission shall notify the ICCAT Secretariat of the quantity of quotas concerned prior to the transfer of quotas. 2. The transfer of quotas within gear groups, by-catch quotas and individual fishing quotas of each Member State shall be allowed, provided that the Member States concerned inform the Commission of such transfers in advance, so that the Commission can inform the ICCAT Secretariat prior to the transfer taking effect.
Article 10 Quota deductions in the event of overfishing
If Member States overfish the quotas allocated to them and the situation cannot be remedied by quota exchanges pursuant to Article 16(8) of Regulation (EU) No 1380/2013, Articles 37 and 105 of Regulation (EC) No 1224/2009 shall apply.
Article 11 Annual fishing plans
2. Member States that have small-scale coastal vessels authorised to fish for bluefin tuna shall allocate a specific sectorial quota for those vessels and shall include such allocation in their fishing plans. They shall also include additional measures to closely monitor the quota consumption by that fleet in their monitoring, control and inspection plans. Member States may authorise a different number of vessels to fully utilise their fishing opportunities, using the parameters referred to in paragraph 1. 3. Portugal and Spain may allocate sectorial quotas for bait-boats operating in the Union waters of the archipelagos of the Azores, Madeira and the Canary Islands. Those sectorial quotas shall be included in their annual fishing plans and additional measures to monitor the consumption of those quotas shall be clearly set out in their annual monitoring, control and inspection plans. 4. When Member States allocate sectorial quotas in accordance with paragraph 2 or 3, the minimum quota requirement of 5 tonnes set in the applicable Union act for the allocation of fishing opportunities shall not apply. 5. Any amendment to the annual fishing plan shall be submitted by the Member State concerned to the Commission at least three working days before the start of the fishing activity to which the amendment relates. The Commission shall forward the amendment to the ICCAT Secretariat at least one working day before the start of the fishing activity to which the amendment relates.
Article 12 Allocation of fishing opportunities
In accordance with Article 17 of Regulation (EU) No 1380/2013, when allocating the fishing opportunities available to them, Member States shall use transparent and objective criteria, including those of an environmental, social and economic nature, and shall also endeavour to distribute national quotas fairly among the various fleet segments, giving special consideration to traditional and artisanal fisheries, and to provide incentives to Union fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact.
Article 13 Annual fishing capacity management plans
Each Member State with a bluefin tuna quota shall establish an annual fishing capacity management plan. In that plan, the Member State shall adjust the number of catching vessels and traps in a way that ensures that the fishing capacity is commensurate with the fishing opportunities allocated to catching vessels and traps for the relevant quota period. The Member State shall adjust the fishing capacity using the parameters defined in the applicable Union act for the allocation of fishing opportunities. The adjustment of Union fishing capacity for purse seine vessels shall be limited to a maximum variation of 20 % compared to the baseline fishing capacity of 2018.
Article 14 Annual monitoring, control and inspection plan
Each Member State with a bluefin tuna quota shall establish an annual monitoring, control and inspection plan with the view to ensuring compliance with this Regulation. Each Member State shall submit its respective plan to the Commission. Each Member State shall establish its plan in accordance with: (a) the objectives, priorities and procedures as well as benchmarks for inspection activities set out in the specific control and inspection programme for bluefin tuna established under Article 95 of Regulation (EC) No 1224/2009; (b) the national control action programme for bluefin tuna established under Article 46 of Regulation (EC) No 1224/2009 until 31 December 2025, and, after that date, in accordance with the national control programme established under Article 93a of that Regulation.
Article 15 Annual farming management plans
1. Each Member State with a bluefin tuna quota shall establish an annual farming management plan. 2. In the annual farming management plan, each Member State shall ensure that the total input capacity and the total farming capacity are commensurate with the estimated amount of bluefin tuna available for farming. 3. Member States shall limit their tuna farming capacity to the total farming capacity registered in the ICCAT record of farms authorised to operate for bluefin tuna (‘ICCAT record of bluefin tuna farming facilities’) or authorised and declared to ICCAT in 2018. 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 in the ‘record of bluefin tuna farming facilities’ by the farms of that Member State in the years 2005, 2006, 2007 or 2008. 5. If a Member State needs to increase the maximum input of wild caught tuna in one or more of its tuna farms, that increase shall be commensurate with the fishing opportunities allocated to that Member State, and with any live bluefin tuna imports from another Member State or Contracting Party. 6. Member States shall report statistics on the annual amount of caging (input of wild caught fish), harvesting and export to the Commission, who shall transmit the data to the ICCAT Secretariat, until such time as the ICCAT Secretariat has developed data extraction functionality in the eBCD system and such a functionality becomes available. 7. Where appropriate, Member States shall submit revised farming management plans to the Commission by 15 May of each year for transmission to the ICCAT Secretariat by 1 June of each year.
Article 16 Transmission of annual plans
2. The Commission shall compile the plans referred to in paragraph 1 and use them for the establishment of a Union annual plan. The Commission shall transmit the Union annual plan to the ICCAT Secretariat by 15 February of each year for discussion and approval by ICCAT. 3. In the event that a Member State fails to submit a plan referred to in paragraph 1 to the Commission within the deadline laid down in that paragraph, the Commission may decide to transmit the Union plan to the ICCAT Secretariat without the plans of the Member State concerned. At the request of the Member State concerned, the Commission shall endeavour to take into account one of the plans referred to in paragraph 1 submitted after the deadline laid down in that paragraph, but before the deadline provided for in paragraph 2. If a plan submitted by a Member State does not comply with the provisions of this Regulation relating to the annual fishing, capacity, inspection and farming plans or contains a serious fault that may lead to the non-endorsement of the Union annual plan by the ICCAT Commission, the Commission may decide to transmit the Union annual plan to the ICCAT Secretariat without the plans of the Member State concerned. The Commission shall inform the Member State concerned as soon as possible and shall endeavour to include any revised plans submitted by that Member State in the Union annual plan or in amendments to the Union annual plan, provided that those revised plans comply with the provisions of this Regulation relating to the annual fishing, capacity, inspection and farming plans.
Article 17 Fishing seasons
1. Purse seine fishing for bluefin tuna shall be permitted in the eastern Atlantic and the Mediterranean from 26 May until 1 July of each year. 2. By way of derogation from paragraph 1 of this Article, Cyprus and Greece may request in their annual fishing plans, as referred to in Article 11, that purse seine vessels flying their flag be allowed to fish for bluefin tuna in the Eastern Mediterranean (FAO fishing areas 37.3.1 and 37.3.2) from 15 May until 1 July of each year. 3. By way of derogation from paragraph 1 of this Article, Croatia may request in its annual fishing plan, as referred to in Article 11, that purse seine vessels flying its flag be allowed to fish for bluefin tuna for farming purposes in the Adriatic Sea (FAO fishing area 37.2.1) from 26 May until 15 July of each year. 4. By way of derogation from paragraphs 1, 2 and 3, if weather conditions prevent fishing operations, Member States may decide that the fishing seasons referred in those paragraphs be expanded by an equivalent number of lost days up to 10 days. 4a. By way of derogation from paragraph 1, Spain may request in its annual fishing plan for 2024, as referred to in Article 11, that purse seine vessels involved in the pilot project for farming bluefin tuna in the Cantabrian Sea be allowed to fish for bluefin tuna in the Cantabrian Sea (ICES fishing area 27.8.b and 27.8.c) from 26 May until 30 September 2024. 5. Bluefin tuna fishing shall be permitted in the eastern Atlantic and the Mediterranean Sea by large-scale pelagic longline catching vessels during the period from 1 January to 31 May of each year with the exception of the area delimited by West of 10°W and North of 42°N. 6. Member States shall establish fishing seasons for their fleets, other than purse seine vessels and large scale pelagic longline vessels, in their annual fishing plans.
Article 18 Landing obligation
This Chapter shall be without prejudice to Article 15 of Regulation (EU) No 1380/2013, including any applicable derogations thereto.
Article 19 Minimum conservation reference size
1. It shall be prohibited to catch, retain on board, tranship, transfer, land, transport, store, sell, display or offer for sale bluefin tuna weighing less than 30 kg or with a fork length of less than 115 cm, including when caught as by-catch or in recreational fisheries. 3. Specific conditions applying to the derogation referred in paragraph 2 are set out in Annex I. 4. Member States shall issue a fishing authorisation to vessels fishing under the derogations referred to in paragraphs 2 and 3 of Annex I. The vessels concerned shall be indicated in the list of catching vessels referred to in Article 26. 5. Fish below the minimum conservation reference sizes set out in this Article that are discarded dead shall be counted against the quota of the Member State concerned.
Article 20 Incidental catches below the minimum conservation reference size
1. By way of derogation from Article 19(1), all catching vessels and traps fishing actively for bluefin tuna shall be allowed a maximum of 5 % by number of incidental catches of bluefin tuna weighing between 8 and 30 kg or, alternatively, with a fork length between 75 and 115 cm. 2. The percentage of 5 % referred to in paragraph 1 shall be calculated on the basis of the total catches of bluefin tuna retained on board a 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 vessel or trap. 4. Incidental catches of bluefin tuna below the minimum conservation reference size shall be subject to Articles 31, 33, 34 and 35.
Article 21 By-catches
1. Each Member State shall make provision for by-catch of bluefin tuna within its quota and shall inform the Commission thereof when submitting its fishing plan. 2. The level of authorised by-catches, which shall not exceed 20 % of the total catches on board at the end of each fishing trip, and the methodology used to calculate those by-catches in relation to the total catch on board, shall be clearly defined in the annual fishing plan as referred to in Article 11. The percentage of by-catches may be calculated in weight or in number of individuals. The calculation in number of individuals shall only apply to tuna and tuna-like species managed by the ICCAT. The level of authorised by-catches for the small-scale coastal vessels fleet may be calculated on an annual basis. 3. All by-catches of dead bluefin tuna that are retained on board or discarded shall be deducted from the quota of the flag Member State and recorded and reported to the Commission in accordance with Articles 31 and 32. 4. 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 Article 43(3) TFEU and Article 16 of Regulation (EU) No 1380/2013. 5. If the total quota allocated to a Member State has been exhausted, the catching of any bluefin tuna shall not be permitted by vessels flying its flag and that Member State shall take the necessary measures to ensure the release of the bluefin tuna caught as by-catch. If the specific Union bluefin tuna by-catch quota established in accordance with Article 43(3) TFEU and Article 16 of Regulation (EU) No 1380/2013 has been exhausted, the catching of any bluefin tuna shall not be permitted by vessels flying the flag of Member States without a bluefin tuna quota, and those Member States shall take the necessary measures to ensure the release of the bluefin tuna caught as by-catch. In those cases, the processing and commercialisation of dead bluefin tuna shall be prohibited and all catches shall be recorded. Member States shall report information on such quantities of dead bluefin tuna by-catch on an annual basis to the Commission, which shall transmit that information to the ICCAT Secretariat. 6. Vessels not fishing actively for bluefin tuna shall clearly separate any quantity of bluefin tuna retained on board from other species, to allow control authorities to monitor compliance with this Article. Those by-catches may be marketed insofar as they are accompanied by the eBCD.
Article 21a Prohibition of retention of bluefin tuna on board support vessels
Support vessels shall not retain on board or transport bluefin tuna.
Article 22 Use of aerial means
It shall be prohibited to use any aerial means, including aircraft, helicopters or any types of unmanned aerial vehicles to search for bluefin tuna.
Article 23 Specific quota for recreational fisheries
1. Member States may allocate, where appropriate, a specific quota to recreational fisheries. Possible dead bluefin tuna shall be taken into account in such allocation, including in the framework of catch and release fishing. Member States shall inform the Commission of the quota allocated to recreational fisheries when submitting their fishing plans. 2. Catches of dead bluefin tuna shall be reported and counted against the quota of the Member State.
Article 24 Specific conditions for recreational fisheries
2. In recreational fisheries, it shall be prohibited to catch, retain on board, tranship or land more than one bluefin tuna per vessel per day. 3. The marketing of bluefin tuna caught in recreational fisheries shall be prohibited. 4. Each Member State shall record catch data, including the weight of each bluefin tuna caught in recreational fisheries, and shall communicate the data for the preceding year to the Commission by 30 June of each year. The Commission shall transmit that information to the ICCAT Secretariat. 5. Each Member State shall take the measures necessary to ensure, to the greatest extent possible, the release of bluefin tuna, especially juveniles, caught alive in recreational fisheries. Any bluefin tuna landed shall be whole, gilled and/or gutted.
Article 25 Catch, tag and release
1. By way of derogation from Article 23(1), Member States authorising ‘catch and release’ fishing in the north-east Atlantic conducted exclusively by sport fisheries vessels may allow a limited number of sport fishery vessels to target bluefin tuna with the purpose of catch, tag and release’ fishing without the need to allocate a specific quota to them. Such vessels shall operate in the context of a scientific project of a research institute integrated in a scientific research programme. The results of the project shall be communicated to the relevant authorities of the flag Member State. 2. Vessels conducting scientific research under the ICCAT Research Programme for bluefin tuna shall not be deemed to conduct ‘catch, tag and release’ activities as referred to in paragraph 1. 4. Any bluefin tuna that dies during ‘catch, tag and release’ activities shall be reported and deducted from the quota of the flag Member State.
Article 26 Lists and records of vessels
2. During a calendar year, a fishing vessel may be included in both of the lists referred to in paragraph 1 provided that it is not included in both lists at the same time. 4. The Commission shall not accept any retroactive submission of the lists referred to in paragraph 1. 5. Subsequent changes to the lists referred to in paragraph 1 and to the information referred to in paragraphs 1 and 3, during a calendar year, shall only be accepted if a notified fishing vessel is prevented from participating in the fishery due to legitimate operational reasons or force majeure . In such circumstances, the Member State concerned shall without delay inform the Commission of that fact, and shall provide: (a) full details of the fishing vessel or vessels intended to replace that vessel; and (b) a comprehensive account of the reason justifying the replacement and any relevant supporting evidence or references. 6. The Commission shall, if necessary, modify during the year the information on the vessels referred to in paragraph 1 of this article, by providing updated information to the ICCAT Secretariat in accordance with Article 7(6) of Regulation (EU) 2017/2403.
Article 27 Fishing authorisations for vessels
1. Member States shall issue fishing authorisations to vessels included in one of the lists referred to in Article 26(1) and (5). Fishing authorisations shall contain as a minimum the information set out in Annex VII and shall be issued in the format laid down in that Annex. Member States shall ensure that the information contained in the fishing authorisation is accurate and consistent with this Regulation. 2. Without prejudice to Article 21(6), Union fishing vessels not entered into the ICCAT records referred to in Article 26(1) shall be deemed not to be authorised to fish for, retain on board, tranship, transport, transfer, process or land bluefin tuna in the eastern Atlantic and the Mediterranean. 3. The flag Member State shall withdraw the fishing authorisation for bluefin tuna issued to a vessel, and may require the vessel to proceed immediately to a port designated by it, when the individual quota assigned to the vessel is exhausted.
Article 28 Lists and records of traps authorised to fish for bluefin tuna
1. As part of its fishing plan, each Member State shall submit to the Commission electronically a list of traps authorised to fish for bluefin tuna in the eastern Atlantic and the Mediterranean. That list shall include the name and register number of the traps and the geographical coordinates of the trap polygon. The Commission shall transmit that information to the ICCAT Secretariat so that those traps can be entered into the ICCAT record of traps authorised to fish for bluefin tuna. 2. Member States shall issue fishing authorisations for traps included in the list referred to in paragraph 1. Fishing authorisations shall contain as a minimum the information and use the format set out in Annex VII. Member States shall ensure that the information contained in the fishing authorisation is accurate and consistent with this Regulation. 3. Union traps not entered into the ICCAT record of traps authorised to fish for bluefin tuna shall not be deemed to be authorised to fish for bluefin tuna in the eastern Atlantic and the Mediterranean. It shall be prohibited to retain on board, transfer, cage or land bluefin tuna caught by those traps. 4. The flag Member State shall withdraw the fishing authorisation for bluefin tuna issued to traps when the quota assigned to them is deemed exhausted. 5. Member States shall immediately notify the Commission of any addition to, any removal from and any modification of their list of traps authorised to fish for bluefin tuna. The Commission shall transmit such changes to the ICCAT Secretariat without delay.
Article 28a Lists and record of farms
2. Farms not entered into the ICCAT record of bluefin tuna farming facilities shall not be deemed to be authorised to operate for bluefin tuna in the eastern Atlantic and the Mediterranean. 3. No farming activities, including feeding for fattening purposes or harvesting, shall be authorised outside of the geographical coordinates approved for farming activities. 4. Member States shall immediately notify the Commission of any addition to, any removal from and any modification of their lists of farms. The Commission shall transmit such changes to the ICCAT Secretariat without delay. 5. Member States shall take the necessary measures to ensure that no bluefin tuna is placed into a farm not listed in the ICCAT record of bluefin tuna farming facilities and that those farms do not receive bluefin tuna from vessels that are not entered into the ICCAT record of vessels. Member States shall take the necessary measures to prohibit any operations in farms not registered in the ICCAT record of bluefin tuna farming facilities.
Article 29 Information on fishing activities
2. Member States shall submit the following information to the Commission for fishing vessels flying their flag which were not authorised to fish actively for bluefin tuna in the eastern Atlantic and the Mediterranean but which caught bluefin tuna as by-catch: (a) the name and ICCAT number or, if not registered with ICCAT, the national registry number of the vessel; and (b) the total catches of bluefin tuna. 3. Member States shall notify the Commission of any information concerning any vessels not included in paragraphs 1 and 2 but known or presumed to have fished for bluefin tuna in the eastern Atlantic and the Mediterranean. The Commission shall transmit that information to the ICCAT Secretariat as soon as the information is available.
Article 30 Joint fishing operations
1. Any joint fishing operation for bluefin tuna shall only be allowed if participating vessels are authorised by the flag Member State(s). To be authorised, each purse seine vessel shall be required to be equipped to fish for bluefin tuna, to have an individual quota, and to comply with the reporting obligations set out in Article 32. 2. The quota allocated to a joint fishing operation shall be equal to the total of the quotas allocated to participating purse seine vessels. 3. Union purse seine vessels shall not engage in joint fishing operations with purse seine vessels from other CPCs. 5. At least 10 days before the start of the joint fishing operation, each Member State shall submit the information referred to in paragraph 4 to the Commission in the format set out in Annex IV. The Commission shall forward that information to the ICCAT Secretariat and to the flag Member State of other fishing vessels participating in the joint fishing operation, at least 5 days before the start of the fishing operation. 6. In the event of force majeure , the deadlines set out in paragraph 5 shall not apply as regards the information on the farms of destination. In such cases, Member States shall submit to the Commission an update of that information as soon as possible, together with a description of the events constituting force majeure . The Commission shall forward that information to the ICCAT Secretariat.
Article 31 Recording requirements
1. Masters of Union catching vessels shall maintain a fishing logbook of their operations in accordance with Articles 14, 15, 23 and 24 of Regulation (EC) No 1224/2009 and Section A of Annex II to this Regulation. 2. Masters of Union towing vessels, auxiliary vessels and processing vessels shall record their activities in accordance with the requirements set out in Sections B, C and D of Annex II.
Article 32 Catch reports sent by masters and trap operators
1. Masters of Union catching vessels fishing actively shall send to their flag Member States daily catch reports during the whole period in which they are authorised to fish for bluefin tuna. Those reports shall not be obligatory for vessels in port, except if they are engaged in a joint fishing operation. The data in the reports shall be taken from logbooks and shall include date, time, location (latitude and longitude) and the weight and number of bluefin tuna caught in the Convention Area, including releases and discards of dead fish. Masters shall send the reports in the format set out in Annex III or in a format required by the Member State. 2. Masters of purse seine vessels shall produce the daily catch reports referred to in paragraph 1 for each fishing operation, including operations where the catch was zero. The reports shall be sent by the master of the vessel or his authorised representatives to his flag Member State by 9:00 GMT for the preceding day. 3. Trap operators or their authorised representatives fishing actively for bluefin tuna shall produce daily reports and shall send them to their flag Member States within every 48 hours during the whole period in which they are authorised to fish bluefin tuna. Those reports shall include the ICCAT register number of the trap, date and time of the catch, weight and number of bluefin tuna caught, including where the catch is zero, releases and discards of dead fish. They shall send that information in the format set out in Annex III. 4. Masters of catching vessels other than purse seine vessels, shall transmit to their flag Member States the reports referred to in paragraph 1 by Tuesday 12:00 GMT for the preceding week ending on Sunday.
Article 33 Designated ports
1. Each Member State that has been allocated a bluefin tuna quota shall designate ports where landing or transhipping operations of bluefin tuna are authorised. The information on designated ports shall be included in the annual fishing plan referred to in Article 11. Member States shall inform the Commission without delay of any amendment to the information on designated ports. The Commission shall communicate that information to the ICCAT Secretariat without delay. 3. It shall be prohibited to land or tranship from catching vessels, as well as processing vessels and auxiliary vessels, any quantity of bluefin tuna fished in the eastern Atlantic and the Mediterranean at any place other than ports designated by CPCs and Member States. Exceptionally, dead bluefin tuna, harvested from a trap or cage, may be transported to a processing vessel using an auxiliary vessel, insofar as such transporting is conducted in the presence of the control authority. 4. This Article shall apply without prejudice to the right of access to port under international law concerning fishing vessels in distress or in the event of force majeure .
Article 34 Prior notification of landings
1. Article 17 of Regulation (EC) No 1224/2009 shall apply to masters of Union fishing vessels of a length overall of 12 metres or more included in the list of vessels referred to in Article 26. The prior notification under Article 17 of Regulation (EC) No 1224/2009 shall be sent to the competent authority of Member State (including the flag Member State) or CPC whose ports or landing facility they wish to use. 3. Where Member States are authorised under applicable Union law to apply a shorter notification period than the period of four hours before the estimated time of arrival, the estimated quantities of bluefin tuna retained on board may be notified at the applicable time of notification prior to arrival. If the fishing grounds are less than four hours from the port, the estimated quantities of bluefin tuna retained on board may be modified at any time prior to arrival. 4. The authorities of the port Member State shall keep a record of all prior notifications for the current year. 5. All landings in the Union 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 quotas, fleet size and fishing effort. Full details of such control system adopted by each Member State shall be set out in the annual monitoring, control and inspection plan referred to in Article 14. 6. Masters of Union catching vessels, whatever the length overall of the vessel, shall submit, within 48 hours after the completion of the landing, a landing declaration to the competent authorities of the Member State or CPC where the landing takes place and to its flag Member State. The master of the Union catching vessel shall be responsible for, and certify, the completeness and accuracy of the declaration. The landing declaration shall indicate, as a minimum requirement, the quantities of bluefin tuna landed and the area where they were caught. All landed catches shall be weighed. The port Member State shall send a record of the landing to the authorities of the flag Member State or CPC, 48 hours after the completion of the landing.
Article 35 Transhipments
1. Transhipment at sea by Union fishing vessels carrying on board bluefin tuna, or by third country vessels in Union waters, shall be prohibited in all circumstances. 2. Without prejudice to Article 52(2) and (3), Article 54 and Article 57 of Regulation (EU) 2017/2107, fishing vessels shall only tranship bluefin tuna catches in designated ports as referred to in Article 33 of this Regulation. 3. The master of the receiving fishing vessel, or the master’s representative, shall provide the relevant authorities of the port State at least 72 hours before the estimated time of arrival at port, with the information listed in the transhipment declaration template set out in Annex V. Any transhipment shall require the prior authorisation from the flag Member State or flag CPC of the transhipping fishing vessel concerned. Furthermore, the master of the transhipping vessel shall, at the time of the transhipment, inform its flag Member State or CPC of the dates required under Annex V. 4. The port Member State shall inspect the receiving vessel on arrival and check the quantities and documentation relating to the transhipment operation. 5. The masters, or their representatives, of Union fishing vessels engaged in transhipment operations shall complete and transmit to the competent authorities of their flag Member States the ICCAT transhipment declaration no later than 5 working days after the date of transhipment in port. The masters, or their representatives, of the transhipping fishing vessels shall complete the ICCAT transhipment declaration in accordance with the format set out in Annex V. The ICCAT transhipment declaration shall be linked with the eBCD to facilitate cross-checking of data contained therein. 6. The port Member State shall send a record of the transhipment to the flag Member State or CPC authority of the transhipping fishing vessel, within 5 days after the completion of the transhipment. 7. All transhipments shall be inspected by the competent authorities of the designated port Member States.
Article 36 Catch reports submitted by Member States
Each Member State shall submit catch reports to the Commission every 2 weeks. Those reports shall include the data required under Article 32 as regards traps and catching vessels. The information shall be structured by gear type. The Commission shall transmit that information to the ICCAT Secretariat without delay.
Article 37 Information on quota exhaustion
1. In addition to complying with Article 34 of Regulation (EC) No 1224/2009, each Member State shall inform the Commission when the quota allocated to a gear group is deemed to have reached 80 %. 2. In addition to complying with Article 35 of Regulation (EC) No 1224/2009, each Member State shall inform the Commission when the quota allocated to a gear group or to a joint fishing operation or to a purse seine vessel is deemed to be exhausted. That information 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 joint fishing operation, or the vessels with an individual quota including a clear indication of the date and the time of the closure. 3. The Commission shall inform the ICCAT Secretariat of the dates when the Union quota of bluefin tuna has been exhausted.
Article 38 National observer programme
2. By way of derogation from paragraph 1, for releases of tuna from farms, only the ICCAT regional observers as referred to in Article 39 shall be present on the towing vessels. 3. The obligations, responsibilities and tasks of the national observers are set out in Annex VIII. 4. Data and information collected under each Member State’s observer programme shall be provided to the Commission. The Commission shall forward those data and that information to the SCRS or the ICCAT Secretariat, as appropriate.
Article 39 ICCAT regional observer programme
1. Member States shall ensure the effective implementation of the ICCAT regional observer programme as set out in this Article and in Annex VIII. 2a By way of derogation from paragraph 1, harvesting from farms up to 1 000 kg per day and up to a maximum of 50 tonnes per farm per year to supply the fresh bluefin tuna market may be authorised by the relevant Member State provided that an authorised national inspector from the farm Member State is on site for 100 % of such harvests and controls the entire operation. That authorised national inspector shall also validate the harvested quantities in the eBCD system. In such cases, the ICCAT regional observer’s signature shall not be required in the harvesting information section of the eBCD. 3. Purse seine vessels without an ICCAT regional observer shall not be authorised to fish for bluefin tuna. 4. Member States shall ensure that one ICCAT regional observer shall be assigned to each farm for the whole period of the caging and harvesting operations. In the event of force majeure , and following confirmation by the farm Member State of those circumstances that constitute force majeure or where neighbouring farms, as authorised and controlled by the same farm Member State, operate jointly as one unit, an ICCAT regional observer may be shared by more than one farm to guarantee the continuity of farming operations, if it is ensured that the tasks of ICCAT regional observer are duly accomplished and following confirmation from the farm Member State. 4a. By way of derogation from paragraph 4, in the case of a transfer between two different farms under the jurisdiction of the same Member State, one ICCAT regional observer can be assigned to cover the entire process including the transfer of fish to a towing transport cage, the towing of the fish from the donor farm to the farm of destination and the caging of fish in the farm of destination. In that case, an ICCAT regional observer shall be deployed by the donor farm and the cost shall be shared by the donor farm and farm of destination, unless otherwise determined by the operators of those farms. 6. Masters, crew members, and operators of farms, traps and vessels shall not obstruct, intimidate, interfere with, or unduly influence by any means ICCAT regional observers in the performance of their duties. 7. The obligations, responsibilities and tasks of the ICCAT regional observers are set out in Annex VIII.
Article 40 Transfer authorisation
3. A unique identifying number as referred to in Article 45c shall be assigned to all cages used in transfer operations and associated transport of live bluefin tuna. 4. The Member State to which a transfer notification has been sent pursuant to paragraph 1 shall assign and communicate to the master of the fishing vessel, or operator of the trap or farm as appropriate, an authorisation number for each transfer operation. The authorisation number shall include the three-letter Member State code, four numbers showing the year and three letters indicating either positive authorisation (AUT) or negative (NEG) followed by sequential numbers. 5. The Member State referred to in paragraph 1 shall, within 48 hours following the submission of the prior transfer notification, authorise or refuse to authorise the transfer. The transfer shall not begin without the prior authorisation number indicating the positive authorisation (AUT) issued. 6. The transfer authorisation shall not prejudge the confirmation of the caging operation. 7. Voluntary and control transfers shall not be subject to a new transfer authorisation.
Article 41 Refusal of the transfer authorisation and consequent release of bluefin tuna
2. If the Member State to which a transfer notification has been sent pursuant to Article 40(1), refuses the transfer, it shall immediately issue a release order to the master of the catching or of the towing vessel or to the operator of the trap or farm as appropriate, to inform them that the transfer is not authorised and require them to release of the fish into the sea in accordance with Annex XII. 3. In the event of a technical failure of its VMS during the transport to the farm, the towing vessel shall be replaced by another towing vessel with a fully-functioning VMS, or a new operative VMS shall be installed or used, as soon as feasible and not later than 72 hours after that technical failure. That period of 72 hours may be exceptionally extended in the event of force majeure or legitimate operational constraints. The technical failure shall be immediately communicated to the Commission, which shall inform the ICCAT Secretariat. The master or the master’s representative shall, from the time the technical failure was detected until it is remedied, communicate every hour to the control authorities of the flag Member State the updated geographical coordinates of the fishing vessel by appropriate telecommunication means.
Article 42 ICCAT transfer declaration
2. The ITD forms shall be numbered by the authorities of the Member State responsible for the fishing vessel, farm or trap from where the transfer originates. The number of the ITD form shall include the three-letter Member State code, followed by four numbers showing the year and three sequential numbers followed by the three letters ITD (MS-20**/xxx/ITD). 3. The original ITD shall accompany the transfer to the farm of destination where bluefin tuna individuals are to be caged. At first transfer, the original ITD shall be duplicated by the donor operator when a single catch is transferred from the purse seine or the trap to more than one transport cage. In the event of a further transfer, the master of the donor towing vessel shall update the ITD by completing section 3 (Further transfers) thereof and provide the updated ITD to the receiving towing vessel. A copy of the ITD shall be kept on board the donor catching or towing vessels, or by the operator of the donor trap or donor farm, and be accessible at any time for control purposes during the duration of the fishing season. 4. Masters of vessels carrying out transfer operations shall report their activities in accordance with Annex II. 5. Information regarding fish that are observed to be dead during a transfer or during the transport of fish to the farm of destination, shall be recorded in accordance with Annex XIII.
Article 43 Monitoring by video camera
1a. The video record concerned shall accompany the fish to the farm of destination. A copy shall be kept at the traps, in the farms or on board the donor vessels, and shall be accessible for control purposes at any time during the fishing season. 2. Where the SCRS requests the Commission to provide copies of the video records, Member States shall provide those copies to the Commission, which shall forward them to the SCRS. 3. The donor operator and the competent authorities of the Member States concerned shall retain the video records related to transfers for at least 3 years and keep them as long as necessary for control and enforcement purposes.
Article 43a Voluntary and control transfers
1. If the video record referred to in Article 43 does not meet the minimum standards for video recording procedures set out in Annex X, and in particular if its quality and clarity are not sufficient to determine the number of bluefin tuna individuals being transferred, the donor operator may conduct voluntary transfers. 2. If no voluntary transfer has been carried out, or if, despite the voluntary transfer, it is still not possible to determine the number of bluefin tuna individuals being transferred, the competent authority of the flag, trap or farm Member State of the donor operator shall order a control transfer, which shall be repeated until the quality of the video record enables the number of bluefin tuna individuals being transferred to be determined. 3. The voluntary and control transfers shall be carried out into an empty cage. The number of bluefin tuna individuals being transferred, as determined during the valid voluntary or control transfer, shall be used to complete the logbook, the ITD and the relevant sections of the eBCD. 4. The separation of the transport cage from the purse seine vessel, trap or farm cage shall not occur until the ICCAT regional observer on board the purse seine vessel, or present in the farm or on the trap, has carried out the relevant tasks. 5. If the video record quality of voluntary transfers still does not enable the determination of the number of individuals being transferred, the competent authority of the Member State of the donor operator may allow the separation of the transport cages from the purse seine vessel, trap or farm. In such a case, the competent authority of the Member State of the donor operator shall order the doors of the transport cages concerned to be sealed in accordance with the procedure set out in Annex XVa, and require control transfers to be carried out at a determined time and place, in the presence of the competent authority of the flag, trap or farm Member State concerned. 6. In the event that the competent authorities of the flag, trap or farm Member State cannot be present at the control transfer, the control transfer shall take place in the presence of an ICCAT regional observer. In that case, the farm operator owning the bluefin tuna individuals being transferred shall be responsible for the deployment of the ICCAT regional observer for the purpose of the verification of the control transfer.
Article 44 Investigation by the competent authority of the Member State of the donor operator
2. For all transfer operations where a video recording is required, a difference greater than 10 % in the number of bluefin tuna individuals being transferred reported by the donor operator in the ITD and the number determined by the competent authority of the Member State or CPC of the donor operator shall constitute potential non-compliance of the fishing vessel, trap or farm concerned.
Article 45 Implementing acts
The Commission may adopt implementing acts laying down operational procedures for the application of this Section. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68.
Article 45a Amendments to ITDs and eBCDs following inspections at sea or investigations
If, following an inspection at sea or an investigation, the difference in the number of bluefin tuna individuals being transferred is found to be greater than 10 % to that declared in the ITD and eBCD, the eBCD shall be amended by the competent authority of the Member State of the donor operator to reflect the result of that inspection or investigation.
Article 45b General provisions
1. Each farm Member State shall nominate a single competent authority responsible for coordinating the collection and verification of information on caging operations conducted within its jurisdiction, for the control of activities in farms under its jurisdiction, and for reporting to and cooperating with the competent authorities of the flag and trap Member States and CPCs of the vessels or traps that caught the caged tuna. 2. All bluefin tuna fishery and farm activities shall be subject to the control set out in the annual monitoring, control and inspection plan submitted under Article 14. 3. Member States involved in caging related activities shall exchange information and cooperate to ensure that the number and weight of bluefin tuna individuals intended for caging are accurate, consistent with the catch amounts reported by the master of the purse seine vessel or the trap operator and declared in the relevant sections of the eBCD. 4. Farm Member States shall ensure that farm operators maintain at all times an accurate schematic plan of their farms, indicating the unique identifying numbers referred to in Article 45c, of all cages and their individual position in the farm. That plan shall be made available at all times to the competent authority of the farm Member State for control purposes and to the ICCAT regional observer deployed in the farm. Any update of the schematic plan shall be subject to prior notification to the competent authority of the farm Member State. The schematic plan shall be updated each time the number or distribution of farm cages is modified. 5. The competent authority of the farm Member State shall retain all the information, documentation and material related to caging operations conducted in farms under its jurisdiction for at least 3 years and keep the information as long as necessary for enforcement purposes. This obligation shall apply mutatis mutandis to farm operators as regards caging operations conducted on their farms.
Article 45c Unique identifying number
1. Before the start of the bluefin tuna fishing campaign, the competent authority of the farm Member State shall assign a unique identifying number (“cage number”) to each cage associated to farms under its jurisdiction, including those cages used to transport the fish to the farm. 2. Cage numbers shall be issued in accordance with a unique numbering system that includes at least the alpha-3 code corresponding to the farm Member State followed by three numbers. Cage numbers shall be permanent and not transferable from one cage to another. 3. The cage numbers shall be stamped or painted on two opposite sides of the ring of the cage and above the water line, in a colour contrasting with the background on which they are painted or stamped and shall be visible and legible at any time for control purposes. The height of the letters and numbers shall be at least 20 cm with a line thickness of at least 4 cm. 4. By way of derogation from paragraph 3, alternative methods to mark the cage number on the cage shall be allowed, provided that they offer the same guarantee of visibility, legibility and inviolability.
Article 45d Caging authorisation
1. Each caging operation shall be subject to the procedure set out in paragraphs 2 to 4. 3. The competent authority of the farm Member State shall notify the information referred to in paragraph 2 to the relevant competent authorities of the catching flag or trap Member States or CPCs and shall ask for confirmation that the caging operation may be authorised. 4. Within 3 working days, the competent authorities of the catching flag or trap Member States shall notify the competent authority of the farm Member State or CPC that the caging operation concerned may be authorised or shall be refused. In the case of refusal, the competent authority of the catching flag or trap Member State shall specify the reasons for that refusal. The refusal shall include the consequent release order. 5. The farm Member State shall issue the caging authorisation immediately after receipt of the confirmation by the competent authority of the catching flag or trap Member State or CPC concerned. In the absence of that confirmation, the competent authority of the farm Member State shall not authorise the caging operation. 6. Caging operations shall not be authorised if the complete set of information required under paragraph 2 does not accompany the fish subject to the caging authorisation. 7. Pending the results of the investigation referred to in Article 44 conducted by the competent authority of the catching flag or trap Member State or CPC, the caging operation shall not be authorised and the relevant sections on catch information and trade information for live fish trade of the eBCD shall not be validated. 8. If the caging authorisation has not been issued by the competent authority of the farm Member State or CPC within 1 month after the request for a caging authorisation from the farm operator, the competent authority of the farm Member State shall order and proceed to release all the fish contained in the transport cage concerned, in accordance with Annex XII. The competent authority of the farm Member State shall, without delay, inform the competent authority of the catching flag or trap Member State or CPC concerned and the ICCAT Secretariat of the release.
Article 46 Refusal of a caging authorisation
2. If the Member State responsible for the catching vessel or trap refuses to approve the caging, it shall: (a) inform the competent authority of the farm Member State or CPC; and (b) request the competent authority of the farm Member State or CPC to proceed with the seizure of the catches and the release of the fish into the sea.
Article 46a Caging
1. On the arrival of the towing vessel in the vicinity of the farm, the competent authority of the farm Member State shall ensure that that towing vessel is maintained at a distance of minimum 1 nautical mile from any facility of the farm until the competent authority of the farm Member State is physically present. The position and activity of that towing vessel shall be monitored at all times. 2. The competent authority of the farm Member State shall not authorise the start of the caging without the presence of that authority and the ICCAT regional observer or before the relevant sections on catch information and trade information for live fish trade of the eBCD have been completed and validated by the competent authorities of the catching flag or trap Member States or CPCs. 3. The anchoring of transport cages in the farm as farm cages, without relocation of the fish to allow stereoscopic camera recording shall be prohibited. 4. After transfer of the bluefin tuna individuals from the towing cage to the farm cage, the control authority of the farm Member State shall ensure that the farm cages containing the bluefin tuna individuals are sealed at all times. Unsealing shall only be possible in the presence of the competent authority of the farm Member State and following its authorisation. The control authority of the farm Member State shall establish protocols for the sealing of farm cages, which shall ensure the use of official seals and that those seals are placed in such a way to prevent the opening of doors without the seals being broken. 5. Farm Member States shall ensure that the bluefin tuna catches are placed in separate cages or series of cages and partitioned on the basis of flag Member State or CPC of origin and catch year. However, if the bluefin tuna has been caught in the context of a joint fishing operation, the catches concerned shall be placed in separate cages or series of cages and partitioned on the basis of the joint fishing operation and catch year. 6. Fish shall be caged before 22 August of each year, unless the competent authorities of the Member State responsible for the farm provide valid reasons, including force majeure , which shall accompany the caging report when submitted. In any case, the fish shall not be caged after 7 September of each year. The above deadlines do not apply in case of inter-farm transfers.
Article 47 Bluefin tuna catch documentation
It shall be prohibited for farm Member States to authorise the cage of bluefin tuna that are not accompanied by the documents required by ICCAT in the framework of the catch documentation programme of Regulation (EU) 2023/2833 ( 4 ). The documentation shall be accurate and complete, and shall be validated by the flag Member State or CPC of the catching vessels or the catching trap Member State or CPC.
Article 49 Recording of caging operations by control cameras and caging declaration
1. Farm Member States shall ensure that caging operations shall be monitored by their control authorities using both conventional and stereoscopic cameras. Video records shall be produced for each caging operation in accordance with the minimum standards for video recording procedures set out in Annex X. 2. If the quality of the control camera video recording used to determine the number and weight of the bluefin tuna individuals caged does not comply with the minimum standards for video recording procedures set out in Annex X, the competent authority of the farm Member State shall order a control caging until the determination of the number and weight of the bluefin tuna individuals is possible. The repetition of the caging operation shall not be subject to a new caging authorisation. 3. In case of a control caging, the competent authority of the farm Member State shall ensure that the donor farm cage is sealed and that the cage cannot be manipulated prior to the new caging operation. The receiving farm cages used in the control caging shall be empty. 4. On completion of the caging operation, the competent authority of the farm Member State shall ensure that the ICCAT regional observer has immediate access to all control camera video records and is allowed to make a copy where needed to complete the task of analysing those video records at another time or place. 5. Farm Member States shall ensure that, for each caging operation, the farm operator submits an ICCAT declaration on caging within 1 week after the actual caging operation has taken place, using the template set out in Annex XIV.
Article 50 Launching and conduct of investigations
1. Where, for a single catching operation, there is a difference greater than 10 % between the number of the bluefin tuna individuals being caged as communicated by the competent authority of the farm Member State in accordance with Article 51(3), from the number reported in the eBCD or ITD as caught and/or transferred, the competent authority of the catching flag or trap Member State shall launch an investigation to determine the accurate catch weight to be deducted from the national bluefin tuna quota. 2. In support of the investigation referred to in the paragraph 1 the competent authority of the catching flag or trap Member State shall request all the complementary information and the results of the relevant video record analysis conducted by the competent authorities of the flag and farm Member State that have been involved in the transport and the caging operation concerned. 3. The competent authorities of the Member States, including the flag Member States of the vessels that have been involved in the transport of the fish, shall cooperate actively, including through the exchange of all information and documentation at their disposal. 4. The competent authority of the catching flag or trap Member State shall conclude the investigation within 1 month from the communication of the caging results by the competent authority of the farm Member State. 5. A difference greater than 10 % between the number of bluefin tuna individuals reported caught by the vessel or trap concerned and the number determined by the competent authority of the catching flag or trap Member State as result of the investigation shall constitute potential non-compliance of the vessel or trap concerned. 6. The margin of error of 10 % referred to in paragraphs 1 and 5 shall be expressed as a percentage of the figures reported by the master of the fishing vessel or the master’s representative, or the trap operator or the trap operator’s representative, and shall be applicable at the level of individual caging operation. 7. The catching flag or trap Member State shall determine the weight of bluefin tuna to be deducted from its national bluefin tuna quota, taking into account the quantities caged, calculated in accordance with Annex XI, which ensures that weight at caging is calculated based on the length-weight relationship for wild fish, and the reported mortalities, in accordance with Annex XIII. 8. However, where the investigation referred to in paragraph 1 of this Article concludes that bluefin tuna individuals are lost fish as defined in Annex XIII, the weight of the lost fish shall be deducted from the quota of the Member State in accordance with Annex XIII, by applying the average individual weight at caging communicated by the competent authority of the farm Member State, to the number of bluefin tuna individuals in the catch as determined by the competent authority of the flag or trap Member State resulting from its analysis of the first transfer video record in the context of the investigation. 9. Notwithstanding paragraph 8, after consulting the competent authority of the flag Member State involved in the transport of fish to the farm of destination, the competent authority of the flag or trap Member State may decide not to deduct from the quota of the Member State the fish determined in the investigation as lost fish, where the losses have been duly documented as force majeure by the operator (i.e. pictures of the damaged cage, meteorological reports), the relevant information has been communicated to competent authority of the Member State of the operator immediately after the event and the losses did not result in known mortalities.
Article 51 Measures and programmes to determine the number and weight of bluefin tuna individuals being caged
1. The competent authority of the farm Member State shall determine the number and weight of bluefin tuna individuals being caged, by analysing the video record of each caging operation provided by the farm operator. To carry out that analysis, the competent authorities of the farm Member State shall follow the procedures set out in Annex XI. 2. When there is a difference greater than 10 % between the number or the weight determined by competent authority of the farm Member State and the corresponding figures reported in the ICCAT declaration on caging, the competent authority of the farm Member State shall launch an investigation to identify the reasons for the discrepancy and, as appropriate, adjust the number and/or weight of bluefin tuna individuals that have been caged. That margin of error of 10 % shall be expressed as a percentage of the figures provided by the farm operator. 3. After the completion of a caging operation or, in case of a joint fishing operation or of traps of the same Member State, of the last caging operation associated with that joint fishing operation or with those traps, the farm Member State shall communicate the results of the stereoscopical programme referred to in Annex XI to the catching flag or trap Member State or CPC in accordance with Section B, point 2, of Annex XI. 4. The farm Member State shall also communicate the results of the stereoscopical programme referred to in paragraph 3 to the entity operating the ICCAT regional observer programme on behalf of ICCAT. 5. The stereoscopical programme referred to in paragraph 3 shall be conducted in accordance with the procedures set out in Annex XI. Alternative methods may only be used if they have been endorsed by ICCAT during its annual meeting. 6. Each farm Member State shall submit the procedures and results related to the stereoscopical programme or alternative methods referred to in paragraph 5 to the Commission by 30 September of each year in order to be transmitted to the SCRS by 31 October of each year. 7. All bluefin tuna that die during a caging operation shall be reported by the farm operator, in accordance with Annex XIII. 9. The results of the stereoscopical programme shall be used to decide if releases are required and the caging declarations and relevant sections of the BCD shall be completed accordingly. When a release order has been issued, the farm operator shall request the presence of a national control authority and an ICCAT regional observer to monitor the release.
Article 52 Releases associated with caging operations
1. The determination of the fish to be released shall be done in accordance with Section B, point 3, of Annex XI. 2. If the weight of bluefin tuna being caged is in excess of that which had been declared as caught and/or transferred, the competent authority of the catching flag or trap Member State shall issue a release order and communicate it without delay to the competent authority of the farm Member State concerned. The release order shall be issued in accordance with Section B, point 3, of Annex XI, taking into account possible compensation at the joint fishing operation or trap level, in accordance with Section B, point 5, of Annex XI. 3. The release operation shall be conducted in accordance with the protocol set out in Annex XII.
Article 56 Implementing acts
The Commission may adopt implementing acts laying down procedures for the application of the provisions laid down in this Section. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68.
Article 56a Harvesting
1. Processing vessels intending to operate in farms or traps shall send a prior notification to the farm or trap Member State at least 48 hours before arrival of the vessel to the farm or trap area. The prior notification shall include at least the date and estimated time of arrival and information as to whether the processing vessel has bluefin tuna on board, and, if so, shall provide details on the cargo, including quantities in processed weight and live weight and details of the origin (farm or trap and Member State or CPC) of the bluefin tuna on board. 2. Any harvesting operation in farms or traps shall be subject to an authorisation by the farm or trap Member State. To that end, the operator of the farm or trap intending to harvest bluefin tuna shall submit to its farm or trap Member State, as applicable, a request for authorisation, which shall include at least the following information: — date or period of harvesting, — estimated quantities to be harvested in number of bluefin tuna individuals and in kg, — eBCD number associated with the bluefin tuna individuals to be harvested, — details of auxiliary vessels involved in the operation, and — destination of harvested bluefin tuna (processing vessel, export, local market, etc.). 3. Except for bluefin tuna individuals which are close to dying, no harvesting operation shall be authorised before the results of the quota uptake in accordance with Article 50(7) to (9) has been determined and the associated releases have been conducted. 4. Harvesting operations shall not take place without the presence of a national observer in the case of traps or an ICCAT regional observer in the case of harvesting in farms. For fish delivered to processing vessels, the national observer or ICCAT regional observer may perform their relevant tasks from the processing vessels. 5. The competent authorities of the farm or trap Member States shall verify and cross-check the results of all harvesting operations taking place in farms and traps under their jurisdiction, using all relevant information in their possession. The competent control authorities of the farm or trap Member States shall inspect all harvesting operations of bluefin tuna destined for processing vessels and a percentage of the rest of harvesting operations based on risk analysis. 6. When the destination of the bluefin tuna is a processing vessel, the master of the processing vessel or its representative, shall complete a processing declaration. When the harvested bluefin tuna is to be landed directly into port, the operator of the farm or trap shall complete a harvesting declaration. The processing and harvesting declarations shall be validated by the national observer or ICCAT regional observer present at the harvesting operation. 7. The processing and harvesting declarations shall be transmitted by e-mail to the competent authorities of the farm Member State within 48 hours of the harvesting operation using the template set out in Annex XVb.
Article 56b Intra-farm transfers
1. Intra-farm transfer shall not take place without the authorisation and the presence of the competent authority of the farm Member State. Each transfer shall be recorded by control cameras to confirm the number of bluefin tuna individuals transferred. The video recording shall comply with the minimum standards for video recording procedures set out in Annex X. The competent authority of the farm Member State shall monitor and control those transfers and shall ensure that each intra-farm transfer is recorded in the eBCD system. 2. Notwithstanding the definition of caging in Article 5, point 30, the relocation of bluefin tuna individuals between two different locations on the same farm (intra-farm transfer) using a transport cage, shall not be considered as caging for the purposes of Section 7. 3. During intra-farm transfers, regrouping fish of the same flag origin and the same joint fishing operation, may be authorised by the competent authority of the farm Member State, providing that traceability and the applicability of the SCRS’s growth rates are maintained. 4. The competent authority of the farm Member State and the farm operator shall retain the video records from intra-farm transfers undertaken in farms under its jurisdiction for a minimum of 3 years and keep the information for as long as necessary for enforcement purposes.
Article 56c Carry-over
1. Prior to the beginning of the next purse seine vessel and trap fishing seasons, the competent authority of the farm Member State shall thoroughly assess the live bluefin tuna carried-over in the farms under its jurisdiction. To that end, the live bluefin tuna concerned shall be transferred to empty cages and monitored using control cameras in order to determine the number and the weight of bluefin tuna individuals transferred. 2. By way of derogation from paragraph 1, the carry-over of bluefin tuna from years and cages where no harvest occurred shall be controlled annually by applying the random control procedure set out in Article 56e. 3. The live bluefin tuna carried over shall be placed in separate cages or series of cages in the farm and partitioned on the basis of the joint fishing operation or same trap Member State or CPC of origin and catch year. 4. The competent authority of the farm Member State shall ensure that the control camera video record from the carry-over assessment transfers complies with the relevant minimum standards for video recording procedures set out in Annex X and that the determination of the number and weight of carried-over bluefin tuna individuals is in accordance with Section A of Annex XI. 5. Until the SCRS develops an algorithm to convert length into weight for fattened or farmed fish or both, the determination of the weight of the carried-over bluefin tuna individuals shall be conducted using the most updated growth rate tables produced by the SCRS. 6. A difference by number of bluefin tuna individuals between the number resulting from the carry-over assessment and the expected number after harvest shall be duly investigated by the competent authority of the farm Member State and recorded in the eBCD system. In the case of an excess number, the competent authority of the farm Member State shall order the release of the corresponding number of bluefin tuna individuals. The release operation shall be conducted in accordance with Annex XII. Compensation for differences between different cages in the farm shall not be allowed. The competent authority of the farm Member State may allow a margin of error of up to 5 % between the number of bluefin tuna individuals resulting from the carry-over assessment and the number of individuals expected to be present in the cage. 7. The competent authority of the farm Member State shall retain the video record and all the relevant documentation from carry-over assessments undertaken in farms under its jurisdiction for a minimum of 3 years and shall keep that information as long as necessary for enforcement purposes.
Article 56d Annual carry-over declaration
2. The stereoscopical system report, where applicable, shall be attached to the annual carry-over declaration.
Article 56e Random controls
1. The competent authority of the farm Member State shall carry out random controls in farms under its jurisdiction. The minimum random controls referred to in paragraph 2 shall take place in farms between the time of completion of the caging operations and the first caging of the following year. Such controls shall involve the compulsory transfer of all bluefin tuna individuals from farm cages to other farm cages in order that the number of bluefin tuna individuals can be counted by way of control video records. 2. Each farm Member State shall set a minimum number of random controls to be performed on each farm under its jurisdiction. The number of random controls shall cover at least 10 % of the number of cages in each farm after completion of the caging operations, involving at least one control per farm and rounded up where needed. The selection of cages to be controlled shall be based on risk analysis. The planning for random controls to be carried out shall be reflected in the Member State’s monitoring, control and inspection plan referred to in Article 14. 3. Although not mandatory, the competent authority of the farm Member State may give the farms concerned a maximum of 2 calendar days prior notice that a random control will take place. In such cases, the competent authority of the farm Member State shall only communicate the selected cages to the farm operator upon arrival at the farm concerned. 4. The farm operators shall take all appropriate steps to facilitate the random controls and, where prior notice is given, they shall ensure that all means are in place in order that random controls can be carried out by the competent authority of the farm Member State at any time, and in any cage in the farm. 5. The competent authority of the farm Member State shall strive to reduce the time between the ordering of the random controls and date when the control operations are carried out. The competent authority of the farm Member State shall ensure that all necessary measures are taken to ensure that the farm operator does not have the possibility to manipulate the cages concerned before the random control takes place. 6. Following the random control, any difference between the number of bluefin tuna individuals determined by the random controls and the number expected to be present in the cage shall be duly investigated and recorded in the eBCD system. In the case of an excess number, the competent authority of the farm Member State shall order the release of the corresponding number of bluefin tuna individuals. The release operation shall be conducted in accordance with Annex XII. Compensation for differences between different cages in the farm shall not be allowed. The competent authority of the farm Member State may allow a margin of error of 5 % between the number of bluefin tuna individuals resulting from the control transfer and the number of individuals expected to be present in the cage. 7. The competent authority of the farm Member State shall retain all video records from random controls undertaken in farms under its jurisdiction for a minimum of 3 years and shall keep that information as long as necessary for enforcement purposes. 8. The results of the random controls shall be communicated by the Commission to the ICCAT Secretariat before the start of the new purse seine vessel fishing season applicable to each Member State in accordance with Article 17, for transmission to the ICCAT Compliance Committee.
Article 56f Inter-farm transfers
1. The transfer of live bluefin tuna individuals between two different farms shall not take place without the prior written authorisation from the competent authorities of the farm Member States concerned. 2. The transfer from the donor farm cage to the transport cage shall comply with the requirements set out in Section 6 including a video record to confirm the number of bluefin tuna individuals transferred, the completion of an ITD and the verification of the operation by an ICCAT regional observer. 3. Notwithstanding paragraph 2, in cases where an entire farm cage is to be moved to the farm of destination, it shall not be necessary to video record the operation and the cage shall be transported sealed to the farm of destination. 4. The caging of the bluefin tuna at the farm of destination shall be subject to the requirements for caging operations set out in Articles 46a and 49 and Article 51(1), (2) and (7), including a video recording to confirm the number and weight of the bluefin tuna individuals caged and the verification of the operation by an ICCAT regional observer. The determination of the weight for bluefin tuna individuals being caged from another farm shall not apply until the SCRS has developed an algorithm to convert length into weight for fattened or farmed fish or both.
Article 57 Vessel Monitoring System
1. By way of derogation from Article 9(5) of Regulation (EC) No 1224/2009, flag Member States shall implement VMS for all their fishing vessels with a length overall equal to or greater than 12 metres and for all their towing vessels, irrespective of their length, and in accordance with Annex XV to this Regulation. All such vessels shall transmit messages at least once every two hours, except for towing vessels and purse seine vessels which shall transmit at least every hour. 2. Fishing vessels required to have VMS in accordance with paragraph 1 shall begin to transmit VMS data to the ICCAT Secretariat at least 5 days before their period of authorisation and shall continue at least 5 days after their period of authorisation, unless a 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 master or the master’s representative shall ensure that the transmission of VMS data from catching vessels that are authorised to fish actively for bluefin tuna is not interrupted when vessels are in port unless there is a system of hailing in and out of port. 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 forward those messages to the ICCAT Secretariat. 6. Each Member State shall 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 58 ICCAT Scheme of Joint International Inspection
1. Joint international inspection activities shall be carried out in accordance with the ICCAT Scheme of Joint International Inspection (‘the ICCAT scheme’) for international control outside the waters under national jurisdiction, as set out in Annex IX to this Regulation. 2. Member States whose fishing vessels are authorised to operate for bluefin tuna shall assign inspectors and carry out inspections at sea under the ICCAT scheme. 3. Where at any time, more than 15 fishing vessels flagged to a Member State are engaged in bluefin tuna activities in the Convention Area, the Member State concerned shall, on the basis of risk assessment, 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. For the purposes of paragraph 3, the Commission or a body designated by it shall coordinate the surveillance and inspection activities for the Union. The Commission may draw up, in coordination 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 when and geographical areas where 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 ICCAT scheme each year, which it shall send to the ICCAT Secretariat and the Member States.
Article 59 Inspections in the event of suspected infringements
The flag Member State shall ensure that a physical inspection of a fishing vessel flying its flag takes place under its authority in its ports, or by an inspector designated by it when the fishing vessel is not in one of its ports, if the fishing vessel: (a) failed to comply with the recording and reporting requirements set out in Articles 31 and 32; or (b) committed a breach of this Regulation or a serious infringement referred to in Article 42 of Regulation (EC) No 1005/2008 or in Article 90 of Regulation (EC) No 1224/2009.
Article 60 Cross-checks
1. Each Member State shall verify information and timely submission of inspection and observer reports, VMS data and, where appropriate, e-BCDs, logbooks of their fishing vessels, transfer and transhipment documents and 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 caging between the quantities by species recorded in the fishing vessel logbook or quantities by species recorded in the transhipment declaration and the quantities recorded in the landing declaration or caging declaration, and any other relevant document, such as invoices or sales notes.
Article 61 Enforcement
Without prejudice to Articles 89 to 91 of Regulation (EC) No 1224/2009 and in particular the duty of the Member States to take appropriate enforcement measures with respect to a fishing vessel, the farm Member State shall take appropriate enforcement measure with respect to a farm, where it has been established, in accordance with applicable national law that that farm does not comply with Articles 45b to 52 of this Regulation. The measures may include, depending on the gravity of the offence and in accordance with applicable national law, suspension of the authorisation or removal of the farm from the national list of farms and/or the imposition of financial penalties.
Article 62 Marketing measures
2. Union trade, import, landing, placing in cages for fattening or farming, processing, export, re-export and transhipment of bluefin tuna shall be prohibited where: (a) the bluefin tuna was caught by fishing vessels or traps the flag State of which does not have a quota or catch limit for bluefin tuna under the terms of ICCAT conservation and management measures; or (b) the bluefin tuna was caught by a catching vessel or trap whose individual quota or whose State’s fishing opportunities were exhausted at the time of the catch. 3. Without prejudice to Regulations (EC) No 1224/2009, (EC) No 1005/2008 and (EU) No 1379/2013, Union trade, imports, landings, processing and exports of bluefin tuna from fattening or farming farms that do not comply with the Regulations referred to in paragraph 1 shall be prohibited.
Article 63 Evaluation
Upon request from the Commission, Member States shall submit without delay a detailed report on their implementation of this Regulation to the Commission. Based on the information received from Member States, the Commission shall submit to the ICCAT Secretariat by the date decided by the ICCAT, a detailed report on the implementation of ICCAT Recommendation 19-04.
Article 64 Financing
For the purposes of Regulation (EU) No 508/2014 of the European Parliament and of the Council ( 6 ), this Regulation shall be deemed to be a multiannual plan within the meaning of Article 9 of Regulation (EU) No 1380/2013.
Article 65 Confidentiality
Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009.
Article 66 Procedure for amendments
2. Any amendments adopted in accordance with paragraph 1 shall be strictly limited to the implementation of amendments and/or supplements to the respective ICCAT recommendations which are binding on the Union.
Article 67 Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 66 shall be conferred on the Commission for a period of five years from 17 October 2023. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 66 may be revoked at any time by the European Parliament or the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated act already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 66 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament or the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 68 Committee procedure
1. The Commission shall be assisted by the Committee for Fisheries and Aquaculture established under Article 47 of Regulation (EU) 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.
Article 72 Repeal
1. Regulation (EU) 2016/1627 is 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 XVI to this Regulation.
Article 73 Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .