Council Regulation (EC) No 973/2001 of 14 May 2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species
Modified by
Council Regulation (EC) No 831/2004of 26 April 2004amending Regulation (EC) No 973/2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species, 32004R0831, April 29, 2004
Council Regulation (EC) No 520/2007of 7 May 2007laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001, 32007R0520, May 12, 2007
Council Regulation (EC) No 973/2001of 14 May 2001laying down certain technical measures for the conservation of certain stocks of highly migratory speciesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,Having regard to the proposal from the CommissionOJ C 337 E, 28.11.2000, p. 78.,Having regard to the opinion of the European ParliamentOpinion delivered on 28 February 2001 (not yet published in the Official Journal).,Whereas:(1)The Community has by Decision 98/392/ECOJ L 179, 23.6.1998, p. 1. approved the United Nations Convention on the Law of the Sea, which contains principles and rules relating to the conservation and management of the living resources of the sea. In the framework of its wider international obligations, the Community participates in efforts arising in international waters to conserve fish stocks.(2)Pursuant to Decision 86/237/EECOJ L 162, 18.6.1986, p. 33., the Community has been a Contracting Party to the International Commission for the Conservation of Atlantic Tunas, hereinafter called "the ICCAT Convention", since 14 November 1997.(3)The ICCAT Convention provides a framework for regional cooperation on the conservation and management of tunas and tuna-like species in the Atlantic Ocean and adjoining seas by setting up an International Commission for the Conservation of Atlantic Tunas, hereinafter called the "ICCAT", and adopting recommendations on conservation and management in the Convention area which become binding on the Contracting Parties.(4)The ICCAT has recommended a number of technical measures for certain stocks of highly migratory species in the Atlantic and the Mediterranean, specifying inter alia authorised sizes and weights of fish, and restrictions on fishing within certain areas and time-periods, with certain gears, and on capacity. These recommendations are binding on the Community and should therefore be implemented.(5)Certain technical measures adopted by the ICCAT were incorporated into Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the MediterraneanOJ L 171, 6.7.1994, p. 1. and Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organismsOJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regulation (EC) No 812/2000 (OJ L 100, 20.4.2000, p. 3).. In the interests of clarity, these measures should be brought together in this Regulation and the relevant Articles of the above Regulations should be repealed.(6)To take into account traditional fishing practice in certain areas, specific provisions on the capture and retention on board of certain tuna species should be adopted.(7)The Community has by Decision 95/399/ECOJ L 236, 5.10.1995, p. 24. approved the Agreement for the establishment of the Indian Ocean Tuna Commission. This agreement provides a useful framework for closer international cooperation and rational use of tunas and related species in the Indian Ocean by setting up the Indian Ocean Tuna Commission, hereinafter called the "IOTC", and adopting recommendations on conservation and management in the IOTC area which become binding on the Contracting Parties.(8)The IOTC has adopted a recommendation laying down technical measures for certain stocks of highly migratory species in the Indian Ocean. This recommendation is binding on the Community and should therefore be implemented.(9)The European Community has by Decision 1999/337/ECOJ L 132, 27.5.1999, p. 1. signed the Agreement on the International Dolphin Conservation Program and by Decision 1999/386/ECOJ L 147, 12.6.1999, p. 23. decided to apply it on a provisional basis pending its approval. The Community should therefore apply the provisions laid down in this Agreement.(10)The objectives of the Agreement include the progressive reduction of incidental dolphin mortalities in the tuna purse-seine fishery in the Eastern Pacific Ocean to levels approaching zero, by setting annual limits, and the long term sustainability of the tuna stocks in the Agreement Area.(11)Some provisions of this Agreement were incorporated into Regulation (EC) No 850/98. These provisions should be incorporated into this Regulation.(12)The Community has fishing interests in the Eastern Pacific Ocean and has applied to accede to the Inter-American Tropical Tuna Commission, hereinafter "IATTC". Pending accession, and in accordance with its obligation to cooperate with the other Parties involved in the management and conservation of resources in this region under the United Nations Convention on the Law of the Sea, the technical measures adopted by the IATTC should be applied by the Community. These measures should therefore be incorporated into Community law.(13)The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the CommissionOJ L 184, 17.7.1999, p. 23.,HAS ADOPTED THIS REGULATION: