Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish
Modified by
Council Regulation (EC) No 869/2004of 26 April 2004amending Regulation (EC) No 1936/2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish, 32004R0869, April 30, 2004
Council Regulation (EC) No 1005/2008of 29 September 2008establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999, 32008R1005, October 29, 2008
Council Regulation (EC) No 302/2009of 6 April 2009concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean, amending Regulation (EC) No 43/2009 and repealing Regulation (EC) No 1559/2007, 32009R0302, April 15, 2009
Regulation (EU) 2017/2107 of the European Parliament and of the Councilof 15 November 2017laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007, 32017R2107, November 30, 2017
Council Regulation (EC) No 1936/2001of 27 September 2001laying down control measures applicable to fishing for certain stocks of highly migratory fishCHAPTER ICONTROL AND INSPECTION MEASURES APPLICABLE IN ZONE 1Section 1Control measuresArticle 4Catch sampling1.Sampling of catches shall be carried out in accordance with the provisions laid down in Council Regulation (EC) No 1543/2000 of 29 June 2000 establishing a Community framework for the collection and management of the data needed to conduct the common fisheries policyOJ L 176, 15.7.2000, p. 1. and the requirements of the "Field manual for statistics and sampling Atlantic tunas and tuna-like fishes" (Third edition, ICCAT, 1990).2.Detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 24(2).Article 4aActivities of vessels participating in operations relating to bluefin tuna fattening1.Each master of a Community vessel that transfers bluefin tuna for fattening to a transport vessel shall enter in his logbook:quantity of bluefin tuna transferred and the number of fish,catch zone,date and position of transfer of bluefin tuna,name of transport vessel, its flag, registration number and international radio call sign,name(s) of fattening farm(s) of destination of the quantity of bluefin tuna transferred.2.Each master of a transport vessel to which bluefin tuna have been transferred shall enter:(a)quantity of bluefin tuna transferred per fishing vessel and the number of fish;(b)the name of the vessel that caught the quantities referred to in a), together with its flag, registration number and international radio call sign;(c)date and position of transfer of bluefin tuna;(d)name(s) of fattening farm(s) of destination of bluefin tuna.3.The master shall be exempt from the obligation laid down in paragraph 2 if the entry is replaced with a copy of the transhipment declaration provided for in Article 11 of Regulation (EEC) No 2847/93 or a copy of document T2M referred to in Article 13 of Regulation (EEC) No 2847/93 indicating the information referred to in paragraph 2(c) of this Article.4.Member States shall ensure that all bluefin tuna put into cages by vessels flying their flag are registered by their competent authority. They shall notify to the Commission, in line with Article 5, the quantities of bluefin tuna caught and caged by vessels flying their flag (task I as defined by ICCAT).For exports and imports of bluefin tuna intended for fattening Member States shall send the Commission the numbers and dates of the statistical documents indicated in Council Regulation (EC) No 1984/2003 of 8 April 2003 introducing a system for the statistical monitoring of trade in bluefin tuna, swordfish and bigeye tuna within the CommunityOJ L 295, 13.11.2003, p. 1. validated by them and state the third country of destination declared.5.Member States shall electronically send the Commission a list of all vessels flying their flag and registered in the Community that catch bluefin tuna for fattening. Notification shall be made by 30 April each year, the following information being given:(a)the vessel's internal number as defined in Annex I to Commission Regulation (EC) No 2090/98OJ L 266, 1.10.1998, p. 27.Regulation as last amended by Regulation (EC) No 26/2004 (OJ L 5, 9.1.2004, p. 25).;(b)the name and address of its owner, operator or charterer.6.Member States shall electronically send the Commission a list of all vessels authorised by them to provide or transfer bluefin tuna for fattening. Notification shall be made by 30 April each year, the following information being given:(a)name of vessel, its flag and its registration number;(b)any previous flags;(c)type (fish tanker, towed etc.) length and GT;(d)international radio call sign;(e)name and address of owner, operator or charterer.Article 4bActivities of bluefin tuna fattening farms1.Member States shall act to ensure that bluefin tuna fattening farms under their jurisdiction submit a caging declaration as referred to in Annex 1a to their competent authority 72 hours after the end of each caging operation by a fishing or transport vessel. Submission of such declarations, containing all the information required under this Article, shall be the responsibility of fattening farms approved by Member States.2.Member States shall act to ensure that fattening farms as indicated in paragraph 1 submit to them by 1 July each year a marketing declaration for the bluefin tuna fattened.3.The marketing declaration for bluefin tuna fattened indicated in paragraph 2 must give the following information:name of farm,address,owner,quantity of bluefin tuna (in tonnes) marketed in previous year,destination of tuna (name of purchaser, country, date of sale),for exports and imports, numbers and dates of validation of statistical documents indicated in Regulation (EC) No 1984/2003,duration of fattening of tuna marketed (in months), where possible,average size of tuna marketed.4.On the basis of the declaration submitted under paragraphs 1 and 3 Member States shall electronically notify to the Commission by 1 August each year:the quantities of bluefin tuna caged during the previous year,the quantities of bluefin tuna marketed during the previous year.Article 4cRegister of bluefin tuna fattening farms1.Before 30 April 2004 each Member State shall send the Commission electronically a list of the fattening farms under its jurisdiction which it authorises to conduct fattening operations on bluefin tuna caught in the Convention area.2.The list referred to in paragraph 1 shall give the following information:name of farm, its national registration number,location of farm,capacity of farm (in tonnes).3.The Commission shall forward this information to the ICCAT Executive Secretariat before 31 August 2004 so that the fattening farms concerned are entered in the ICCAT register of farms authorised to conduct fattening operations on bluefin tuna caught in the ICCAT Convention area.4.Any change to be made to the list indicated in paragraph 1 shall be notified to the Commission for transmission to the ICCAT Executive Secretariat, the same provisions applying, at least 10 working days before the farms begin fattening activities on bluefin tuna in the ICCAT Convention area.5.Fattening farms under the jurisdiction of a Member State that are not entered on the list indicated in paragraph 1 may not conduct fattening activities on bluefin tuna caught in the ICCAT Convention area.Article 5Catch notification1.Member States shall send electronically to the Commission, which shall pass the information to the ICCAT Executive Secretariat, the annual nominal catch data (task I as defined by ICCAT) for the species listed in Annex II. No later than 30 June of the following year the Member States shall transmit to the Commission, for scientific purposes, the definite estimates for the entire year or, where this is not possible, preliminary estimates.2.Not later than 31 July each year, the Member States shall transmit the following data (task II as defined by ICCAT) in electronic form, to the ICCAT Executive Secretariat with electronic access for the Commission:(a)catch and fishing effort data for the previous year, giving a detailed spatio-temporal breakdown;(b)any data they have on sport fishing catches of fish of the species listed in Annex I.3.Detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 24(2).Article 6Information on shark catches1.Member States shall transmit any available data on catches of and trade in sharks to the ICCAT Executive Secretariat with electronic access for the Commission.1a)Member States shall transmit to the ICCAT Executive Secretariat in electronic form, with electronic access for the Commission, for scientific purposes, data on catches and effort as defined by ICCAT, in particular estimates of discards of dead porbeagle, shortfin mako and blue sharks.2.Detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 24(2).Article 6aInformation on catches of white and blue marlin1.Masters of Community vessels shall record each day in their logbook information on the release of white marlin and blue marlin, alive or dead, by sector not exceeding 5° of longitude by 5° of latitude, and shall indicate in their landing statements the number or weight of white marlin and blue marlin landed.2.By 30 June each year Member States shall transmit in electronic form to the Commission, for scientific purposes, final estimates for the entire previous year, or if these cannot be sent, preliminary estimates, of the data on catches, including releases, and landings of white marlin and blue marlin.Article 7Undeclared catchesFor imports of frozen bluefin tuna and bigeye tuna products fished by long liners greater than 24 metres overall in length, at the Commission's request Member States shall collect and examine as much import data as possible and all related information such as vessel names, their registration and owner, species fished and weight, fishing zone and place of export.Article 8Observation of vessels1.For the purposes of this Article "observation" means any observation, by a Member State's vessel, aircraft or competent authority responsible for inspection at sea, of:a stateless vessel likely to be fishing for species listed in Annex I,or avessel flying the flag of another Contracting Party and likely to be fishing in breach of ICCAT conservation measures,or a vessel flying the flag of a non-Contracting Party, entity or fishing entity and likely to be fishing in breach of ICCAT conservation measures.2.The observation shall be transcribed onto a standard observation form and shall if possible give all the information for which that form provides. It may be accompanied by photographs of the vessel.3.Observation forms shall be sent without delay to the competent authority of the observer's Member State, which shall immediately transmit them to the Commission, which shall inform the flag country of the vessel observed. The Commission shall immediately transmit observation forms to the ICCAT Executive Secretariat.4.A Member State receiving observations on the activity of a vessel flying its flag from the competent authority of a Contracting Party shall immediately notify these and all relevant information to the Commission, which shall notify this information in due time to the Executive Secretariat for examination by the Compliance Committee.5.Masters of Community fishing vessels shall transmit to their authority any information on vessels assumed to be fishing for bigeye tuna in the Convention area that are not on the list drawn up by the ICCAT Executive Secretariat. Member States shall notify these observations as soon as possible to the Commission, which shall inform the ICCAT Executive Secretariat.6.Detailed rules for the application of this Article on the layout and the requirements of the observation form referred to in paragraph 2 shall be adopted in accordance with the procedure referred to in Article 24(2).Article 8aRegister of vessels authorised to fish in the Convention area1.Before 1 June 2003 each Member State shall send the Commission electronically a list of the vessels of more than 24 metres overall length flying its flag and registered in its territory that it authorises to fish for tunas and tuna-like fish in the ICCAT Convention area by issue of a special fishing licence.2.The list indicated in paragraph 1 shall give the following information:(a)vessel's internal number as defined in Annex I to Regulation (EC) No 2090/98;(b)any previous flags;(c)any information on removal from other registers;(d)name and address of owner(s) and operator(s);(e)gear used;(f)period authorised for fishing and/or transhipment.3.The Commission shall send this information to the ICCAT Executive Secretariat before 1 July 2003 so that these vessels can be entered on the ICCAT register of vessels more than 24 metres in overall length authorised to fish in the ICCAT Convention area (hereinafter referred to as the ICCAT register).4.Any change to be made to the list indicated in paragraph 1 shall be notified to the Commission for transmission to the ICCAT Executive Secretariat, the same procedure applying, at least 10 working days before the vessel begins fishing activity in the Convention area.5.Community fishing vessels more than 24 metres in overall length that are not entered on the list indicated in paragraph 1 may not fish, retain on board, tranship or land tunas or tuna-like fish within the ICCAT Convention area.6.Member States shall take the necessary measures to ensure that:(a)only vessels flying their flag that are included in the list indicated in paragraph 1 and hold on board a special fishing licence issued by them are authorised, on the terms of the licence, to carry out fishing activities referred to Article 1 in the ICCAT Convention area;(b)no special fishing licence is issued to vessels that have carried out illegal, unregulated and unreported fishing in the ICCAT Convention area (IUU fishing), as indicated in Article 19b, unless the new owners provide adequate documentary evidence that the previous owners and operators neither any longer have any legal, beneficial or financial interest in them nor exercise any control over them, or that their vessels neither take part in nor are associated with IUU fishing;(c)where possible, their national legislation prohibits owners and operators of vessels flying their flag that are included in the list indicated in paragraph 1 from taking part in or being associated with tuna-fishing activities in the ICCAT Convention area by vessels not on the ICCAT register;(d)where possible, their national legislation requires owners of vessels flying their flag that are included in the list indicated in paragraph 1 to be nationals of a Member State.7.Member States shall take the necessary measures to prohibit fishing, retention on board, transhipment and landing of tunas and tuna-like fish caught in the ICCAT Convention area by vessels more than 24 metres in overall length that are not on the ICCAT register.8.Member States shall without delay pass on to the Commission any information showing that there are strong reasons for suspecting that vessels more than 24 metres in overall length that are not on the ICCAT register are fishing for or transhipping tunas or tuna-like fish in the ICCAT Convention area.Article 8bChartering of Community fishing vessels1.Before 30 April each year Member States shall send the Commission a list of the vessels flying their flag chartered by contracting parties to the ICCAT Convention for the current year, together with any changes made at any time to this list.2.Lists as indicated in paragraph 1 shall give the following information:(a)internal number of vessel as defined in Annex I to Regulation (EC) No 2090/98;(b)name and address of vessel owners;(c)species covered by the charter and quota allocated by the charter contract;(d)length of the charter agreement;(e)charterer's name;(f)Member State's assent to the charter agreement;(g)country where the vessel was chartered.3.On the date of conclusion of a charter agreement, the flag Member State shall send the following information to the ICCAT Executive Secretariat and inform the Commission of:(a)its assent to the charter agreement;(b)the action it has taken to ensure that chartered vessels flying its flag comply with ICCAT conservation and management provisions.4.When the charter agreement ends, the flag Member State shall inform the ICCAT Executive Secretariat of the date of termination and inform the Commission.5.The flag Member State shall act to ensure that:(a)the vessel is not authorised to fish during the charter period against the quota or fishing possibilities allocated to itself;(b)it is not authorised to fish under more than one charter agreement during the same period;(c)its catches are separately registered from those of other vessels flying its flag;(d)it complies with the conservation and management measures adopted by ICCAT.Article 8cTranshipmentVessels flying the flag of a Member State that measure more than 24 metres in overall length, fish by longlining and appear on the ICCAT list indicated in Article 8a(1) may not tranship in the ICCAT Convention area except by prior authorisation of the flag Member State's competent authority.Article 9Annual report1.Before 15 August each year Member States shall send the Commission a national report, using the layout adopted by ICCAT and including (a) information on implementation of the satellite surveillance system and (b) an "ICCAT declaration table" for each fishery accompanied by comments, inter alia on breaches of the tolerance margins set by ICCAT for the minimum sizes of certain species and the action taken or to be taken. Member States shall also say how sport fishing for fish of the species listed in Annex I is regulated and give details of any transhipment operations involving their vessels during the previous year.2.Detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 24(2).Article 9aAnnual statement on the application of the ICCAT management standards by large longlinersBefore 1 September each year, Member States with longliners of a length overall of more than 24 metres authorised to fish in the Convention zone shall transmit to the Commission the Annual statement on the application of the ICCAT management standards by large longliners, using the specimen set out as in Annex IV.Section 2Port inspection proceduresArticle 10General1.Member States shall assign to inspection duties at their ports inspectors responsible for the surveillance and inspection of transhipment and landing of the species listed in Annex I.2.Member States shall ensure that inspection is non-discriminatory and in line with ICCAT port inspection arrangements.3.The port State may, inter alia, inspect documents, fishing gear and catch on board fishing vessels, when such vessels are voluntarily in its ports or at its offshore terminals.Article 11Inspectors1.Member States shall issue a special identification document to each ICCAT inspector which he must carry and present before making an inspection. The particulars of the card shall be determined in accordance with the procedure referred to in Article 24(2). Member States shall notify a list of their inspectors to the Commission for transmission to the ICCAT Executive Secretariat.2.Member States shall ensure that ICCAT inspectors discharge their tasks in conformity with the rules laid down in the ICCAT port inspection arrangements. Inspectors shall remain under the operational control of their competent authority and be responsible to it for their acts.Article 12Inspection procedures1.Member States shall ensure that their ICCAT inspectors:in making their inspections cause minimum disturbance to the vessel's activities and cause no deterioration in fish quality,draw up an inspection report in line with rules laid down in accordance with the procedure referred to in Article 24(2) and transmit it to their authority.2.Inspectors have the ability to examine all zones, decks and chambers of the vessel, catches (processed or not), gear, equipment and any documentation thought to be needed to check compliance with the conservation measures adopted by ICCAT, including the log book and the loading papers in the case of mother ships and carriers.3.Inspectors shall sign their report in the presence of the master, who shall have the right to add or cause to be added any information that he considers relevant and sign it. The inspector shall indicate in the log book that an inspection has been made.Article 13Master's obligations during inspectionMasters of Community vessels shall:(a)raise no objection to inspections in national or foreign ports by authorised inspectors, not try to intimidate them or incommode them in the course of their work and ensure their safety;(b)cooperate in inspection of the vessel performed in accordance with the procedures laid down in this Regulation and lend their assistance thereto;(c)afford inspectors the means of examining the zones, decks and chambers of the vessel, catches (processed or not), gear, equipment and all documents, including fishing logs and loading papers.Article 14Procedure in event of infringement1.If an ICCAT inspector has serious reason to believe that a fishing vessel has engaged in an activity breaching the conservation measures adopted by ICCAT, he shall:(a)note the infringement in the inspection report;(b)take all necessary action to ensure safekeeping of the evidence for it;(c)immediately send the inspection report to his authority.2.The inspecting Member State shall immediately send the original inspection report to the Commission, which shall immediately transmit it, with a copy to the ICCAT Executive Secretariat, to the competent authority of the flag country of the inspected vessel.Article 15Follow-up of infringements1.If a Member State is notified by an ICCAT Contracting Party or another Member State of an infringement by a vessel flying its flag, it shall take speedy action in line with its national legislation to obtain and examine the evidence, carry out any necessary investigation and if possible inspect the vessel.2.Each Member State shall name the authority mandated to receive evidence of infringements and notify its name, address and other contact particulars to the Commission.3.The flag Member State shall notify the Commission, which shall in turn notify the ICCAT Executive Secretariat, of the penalties imposed and measures taken with regard to the vessel concerned.Article 16Treatment of inspection reports1.Each Member State shall attach the same value to reports made by ICCAT inspectors of other Member States and other Contracting Parties as to those made by its own inspectors.2.Each Member State shall cooperate with the Contracting Parties concerned by facilitating, in line with its national legislation, legal or other proceedings arising from a report submitted by an ICCAT inspector under the ICCAT port inspection arrangements.Section 3Stateless and non-contracting parties' vesselsArticle 17Transhipment1.Community fishing vessels may not receive transhipments of fish of the species listed in Annex I from stateless vessels or those flying the flag of a non-Contracting Party that does not have the status of a cooperating party, entity or fishing entity.2.The list of cooperating parties, entities and fishing entities adopted by ICCAT is published by the Commission in the Official Journal of the European Communities C series).3.Before 15 September each year Member States shall send the Commission particulars of transhipments of fish of the species listed in Annex I made during the previous year between vessels flying their flag and vessels flying the flag of a non-Contracting Party enjoying the status of cooperating party, entity or fishing entity. The Commission shall forward this information to the ICCAT Executive Secretariat.Article 18Control measures for fishing activities1.The competent authority of a Member State that has boarded and/or inspected a stateless vessel shall immediately inform the Commission of the inspection findings and of any action it has taken under international law. The Commission shall send this information as soon as possible to the ICCAT Executive Secretariat.2.Member States shall ensure that every stateless or non-Contracting Party vessel that enters a designated port within the meaning of Article 28(e)(2) of Regulation (EEC) No 2847/93 is inspected by their competent authority. Until inspection is completed the vessel's catches may not be landed or transhipped.3.If inspection reveals that the vessel has on board resources covered by an ICCAT recommendation in force the Member State shall prohibit their landing or transhipment.4.The prohibition referred to in paragraph 3 shall not be issued if the master of the inspected vessel or his representative demonstrates to the competent authority's satisfaction that:(a)the catches on board were taken outside the zone; or(b)the catches on board were taken without infringing the conservation measures in force.Article 19Member States' nationalsEach Member State shall try, as its national legislation permits, to deter its nationals from participating in activities of non-Contracting Parties that conflict with implementation of the ICCAT conservation and management measures.Article 19aAction to combat IUU fishingEach Member State shall endeavour in line with its national legislation to ensure that its importers, transporters and other operators refrain from dealing in or transhipping tunas and tuna-like fish caught by vessels carrying out IUU fishing, in particular any fishing conflicting with ICCAT conservation and management measures.Article 19bInformation on vessels presumed to have carried out IUU fishing1.For the purposes of this Article a vessel flying the flag of a non-contracting party is presumed to have carried out IUU fishing if it is shown by the competent authority of a Member State that it:(a)catches tunas or tuna-like fish in the ICCAT Convention area but is not on the ICCAT register;(b)catches tunas or tuna-like fish in the ICCAT Convention area for which the flag Member State has no quota, catch limit or effort allocation under the ICCAT conservation and management measures;(c)neither registers nor declares its catches in the ICCAT Convention area or makes false statements;(d)takes or lands undersized fish in contravention of ICCAT conservation and management measures;(e)fishes during close seasons or in closed zones in contravention of ICCAT conservation and management measures;(f)uses prohibited fishing gear in contravention of ICCAT conservation and management measures;(g)tranships with vessels on the list indicated in paragraph 5;(h)makes unauthorised catches of tunas or tuna-like fish in waters under the national jurisdiction of ICCAT Convention area coastal countries or contravenes their laws and regulations;(i)is stateless and catches tunas or tuna-like fish in the ICCAT Convention area;(j)engages in fishing activity conflicting with any other ICCAT conservation and management measure.2.On the basis of information obtained by their competent authorities, Member States shall before 15 June notify to the Commission a list of the vessels flying the flag of a non-contracting party that are presumed to have been carrying out IUU fishing during the current and previous years. It shall be accompanied by the supporting documentation.By 15 July the Commission shall forward the information obtained from the Member States to the ICCAT Executive Secretariat.3.On receiving from the ICCAT Executive Secretariat the draft list of vessels of non-contracting parties presumed to be carrying out IUU fishing that it has drawn up, the Commission shall forward it to the Member States. They shall immediately scrutinise it to ascertain the activities of these vessels and any changes of name, flag or ownership.4.By 30 September, Member States shall send the Commission any further information likely to be relevant to the establishment of the list indicated in paragraph 5.5.The Commission shall each year, on receiving from ICCAT the list of vessels identified as carrying out IUU fishing (hereinafter referred to as the "IUU list"), send it to the Member States.Article 19cAction on vessels presumed to have carried out IUU fishing1.Member States shall take the necessary measures, in line with their national legislation and Community law, to ensure that:(a)vessels entered on the IUU list that voluntarily enter a port are not authorised to land or tranship there;(b)their flag is not granted to vessels on the IUU list unless the vessel has changed ownership and a new owner can convincingly show that the previous owner or operator neither has any continuing legal, financial or other real interest in the vessel nor exercises any control over it, or unless, having taken all relevant facts into account, the flag State considers that granting the flag to a vessel will not lead to IUU fishing;(c)importers, transporters and other operators are encouraged not to deal in or tranship tunas and tuna-like fish taken by vessels on the IUU list;(d)all relevant information is obtained and exchanged with other contracting parties and cooperating non-contracting parties, entities and fishing entities for the purpose of detecting and preventing the use of false import/export licences for tunas and tuna-like fish from vessels on the IUU list.2.The following shall be prohibited:(a)transhipment between fishing vessels, mother vessels or transport vessels flying the flag of a Member State and registered in the Community and vessels on the IUU list;(b)chartering of a vessel on the IUU list;(c)importing, landing or transhipping tunas or tuna-like fish from vessels on the IUU list;