Regulation 2007/643 - Amendment of Regulation (EC) No 41/2007 as concerns the recovery plan for bluefin tuna recommended by the International Commission for the Conservation of Atlantic Tunas - Main contents
13.6.2007 |
EN |
Official Journal of the European Union |
L 151/1 |
COUNCIL REGULATION (EC) No 643/2007
of 11 June 2007
amending Regulation (EC) No 41/2007 as concerns the recovery plan for bluefin tuna recommended by the International Commission for the Conservation of Atlantic Tunas
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 20 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) |
Regulation (EC) No 41/2007 (2) fixes for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in community waters and, for Community vessels, in waters where catch limitations are required. |
(2) |
The Community has, since 14 November 1997, been a party to the International Convention for the Conservation of Atlantic Tunas (3). |
(3) |
At its Annual Meeting in November 2006, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted Recommendation 2006[05] to establish a 15-year recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean. |
(4) |
Under Regulation (EC) No 41/2007 the fishing opportunities and associated conditions for bluefin tuna were fixed on a provisional basis, pending an agreement on the final share of this stock under the ICCAT convention. |
(5) |
In order to rebuild the stock, the ICCAT recovery plan provides for a graduated reduction of the Total Allowable Catch (TAC) level from 2007 to 2010, restrictions on fishing within certain areas and time period, a new minimum size for bluefin tuna, measures concerning sport and recreational fishing activities as well as control measures and the implementation of the ICCAT Scheme of Joint International Inspection to ensure the effectiveness of the recovery plan. In order to contribute to the conservation of bluefin tuna, it is necessary to implement special measures from 2007 pending the adoption of a Council Regulation implementing multi-annual measures for the recovery of the bluefin tuna stock. |
(6) |
Since the fishery for bluefin tuna by Community vessels started in February 2007, it was necessary to apply the management and control measures for this fishery as agreed upon by ICCAT as from February 2007 instead of 13 June 2007 as mentioned in the ICCAT Recommendation 2006[05] in order to ensure the compliance with the recovery plan for bluefin tuna. |
(7) |
The measures adopted under this Regulation, for the sole purpose of their financing, shall be deemed to be a recovery plan within the meaning of Article 5 of Regulation (EC) No 2371/2002. |
(8) |
Regulation (EC) No 41/2007 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 41/2007 is amended as follows:
1. |
the following Chapter shall be inserted: ‘CHAPTER Xa SPECIAL MEASURES FOR BLUEFIN TUNA IN THE EASTERN ATLANTIC AND MEDITERRANEAN SECTION 1 Management measures Article 80a Scope This Chapter lays down the general rules for the application by the Community of special measures for Bluefin Tuna (thunnus thynnus) recommended by the International Commission for the Conservation of the Atlantic Tunas (ICCAT). It shall apply to bluefin tuna in the Eastern Atlantic and the Mediterranean. Article 80b Definitions For the purpose of this Chapter, the following definitions shall apply:
Article 80c Quota
Article 80d Joint fishing operations
SECTION 2 Technical measures Article 80e Closed fishing season By way of derogation from the provision laid down in Article 6 of Regulation (EC) No 520/2007 (4):
Article 80f Use of planes By way of derogation from the provision laid down in Article 6 of Regulation (EC) No 520/2007 the use of airplanes or helicopters for searching for bluefin tuna in the Convention Area shall be prohibited. Article 80g Minimum size
Article 80h Sampling plan for bluefin tuna
Article 80i By-catch
Article 80j Recreational fisheries
Article 80k Sport fisheries
SECTION 3 Control measures Article 80l Register of vessels authorised to fish actively for bluefin tuna
Article 80m Register of tuna traps authorised to fish for bluefin tuna
Article 80n Designated ports
Article 80o Transhipment
Article 80p Recording requirements
Article 80q Control in port or in farm
Article 80r Catch reports
Article 80s Cross-check
Article 80t Caging operations
The flag Member State of the catching vessel shall request the competent authority of the fattening or farming farm Member State to proceed to the seizure of the catches and the release of the fish into the sea if it considers on receipt of that information that:
Article 80u Trap activities
Article 80v Observer programme
The observer tasks shall be, in particular, to:
In addition, the observer shall carry out scientific work, such as collecting Task II data as defined by ICCAT, when required by ICCAT, based on the instructions from the Standing Committee on Research and Statistics of ICCAT.
The observer tasks shall be, in particular, to:
Article 80w Financing The special measures for bluefin tuna in the eastern Atlantic and Mediterranean, for the sole purpose of their financing, shall be deemed to be a recovery plan within the meaning of Article 5 of Regulation (EC) No 2371/2002 and shall be eligible under Article 21(a)(i) of Regulation (EC) No 1198/2006 of 27 July 2006 of the European Fisheries Fund (5). Article 80x Market measures
Article 80y Conversion factors The conversion factors adopted by the Standing Committee on Research and Statistics of ICCAT shall apply to calculate the equivalent round weight of the processed bluefin tuna. Article 80z ICCAT Scheme of Joint International Inspection
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2. |
Annex I D shall be amended in accordance with Annex I to this Regulation. |
3. |
The text in Annex II to this Regulation shall be inserted as Annex XVIa. |
Article 2
Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 11 June 2007.
For the Council
The President
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H.SEEHOFER
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OJ L 15, 20.1.2007, p. 1. Regulation as amended by Commission Regulation (EC) No 444/2007 (OJ L 106, 24.4.2007, p. 22).
ANNEX I
In Annex I D to Regulation (EC) No 41/2007 the entry concerning the bluefin tuna in zone Atlantic Ocean, east of longitude 45° W, and Mediterranean shall be replaced by the following:
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‘Cyprus |
154,68 |
|||||||
Greece |
287,23 |
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Spain |
5 568,21 |
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France |
5 493,65 |
|||||||
Italy |
4 336,31 |
|||||||
Malta |
355,59 |
|||||||
Portugal |
523,88 |
|||||||
All Member States |
60 (1) |
|||||||
EC |
16 779,55 |
|||||||
TAC |
29 500 |
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Except Cyprus, Greece, Spain, France, Italy, Malta and Portugal, and only as by-catch.’
ANNEX II
The following Annex shall be inserted into Regulation (EC) No 41/2007:
‘ANNEX XVIa
ICCAT Recovery Plan for Bluefin Tuna
Part I
Specific conditions applying to bait boat, trolling boat and pelagic trawler fisheries in the Eastern Atlantic
1. |
Each Member State shall limit the maximum number of its bait boat and trolling boats authorised to fish bluefin tuna to the number of the vessels participating in directed fishery for bluefin tuna in 2006. |
2. |
Each Member State shall limit the maximum number of its pelagic trawler vessels authorised to fish bluefin tuna as by-catch. |
3. |
By 30 June 2007, Member States shall submit to the Commission the number of fishing vessels established pursuant to paragraphs 1 and 2. The Commission shall promptly forward that information to the ICCAT Secretariat. |
4. |
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5. |
No more than 10 % of the Community quota for bluefin tuna shall be allocated among the authorised vessels referred to in paragraphs 1 and 2, with up to a maximum of 200 tonnes of bluefin tuna weighing no less than 6,4 kg or 70 cm caught by bait boat vessels of an overall length of less than 17 m. |
6. |
No more than 2 % of the Community quota for bluefin tuna may be allocated among its coastal artisanal fishery for fresh fish. |
7. |
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8. |
By way of derogation from the provision of Article 7 of Regulation (EEC) No 2847/93, the master of a Community vessel referred to in paragraphs 1 and 2 or his representative must notify the competent authority of the Member State (including the competent authority of their flag State) or of the CPC in whose ports or landing facility they whish to use at least 4 hours before the estimated time of arrival at the port, of the following:
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9. |
Each Member State shall implement a catch reporting regime that insures effective monitoring of the utilisation of each vessel's quota. |
10. |
Bluefin tuna catches may not be offered for retail sale to the final consumer, irrespective of the marketing method, unless appropriate marking or labelling indicates:
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11. |
Beginning 1 July 2007, Member States whose bait boats are authorised to fish for bluefin tuna in the East Atlantic shall institute tail tag requirements as follows:
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Part II
Specification for logbooks
Minimum specifications for logbooks:
1. |
The logbook must be numbered by sheets. |
2. |
The logbook must be filled every day (midnight) or before port arrival. |
3. |
The logbook must be completed in case of at sea inspections. |
4. |
One copy of the sheets must remain attached to the logbook. |
5. |
Logbooks must be kept on board to cover a period of one year operation. |
Minimum standard information for logbooks:
1. |
Master name and address. |
2. |
Dates and ports of departure, dates and ports of arrival. |
3. |
Vessel name, register number, ICCAT number and IMO number (if available). In case of joint fishing operations, vessel names, register numbers, ICCAT numbers and IMO numbers (if available) of all the vessels involved in the operation. |
4. |
Fishing gear:
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5. |
Operations at sea with one line (minimum) per day of trip, providing:
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6. |
Species identification:
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7. |
Master signature |
8. |
Observer signature (if applicable) |
9. |
Means of weight measure: estimation, weighing on board |
10. |
The logbook is kept in equivalent live weight of fish and mentions the conversion factors used in the evaluation. |
Minimum information in case of landing, transhipment/transfer:
1. |
Dates and port of landing/transhipment/transfer |
2. |
Products
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3. |
Signature of the master or vessel agent |
Part III
ICCAT transfer/transhipment declaration
In case of transfer of live fish indicate number of unit and live weight
Obligations in case of transfer/transhipment:
1. |
The original of the transfer/transhipment declaration must be provided to the recipient vessel tug/processing/transport). |
2. |
The copy of the transfer/transhipment declaration must be kept by the correspondent catching fishing vessel. |
3. |
Further transfers or transhipping operations shall be authorised by the relevant CP which authorised the vessel to operate. |
4. |
The original of the transfer/transhipment declaration has to be kept by the recipient vessel which holds the fish, up to the farm or the landing place. |
5. |
The transfer or transhipping operation shall be recorded in the log book of any vessel involved in the operation. |
Part IV
ICCAT scheme of joint international inspection
The ICCAT Commission agreed at its Fourth Regular Meeting (Madrid, November 1975) that:
Pursuant to paragraph 3 of Article IX of the Convention, the ICCAT Commission recommends the establishment of the following arrangements for international control outside the waters under national jurisdiction for the purpose of ensuring the application of the Convention and the measures in force thereunder:
1. |
Control shall be carried out by inspectors of the fishery control services of Contracting Governments. The names of the inspectors appointed for that purpose by their respective governments shall be notified to the Commission. |
2. |
Ships carrying inspectors shall fly a special flag or pennant approved by the ICCAT Commission to indicate that the inspector is carrying out international inspection duties. The names of the ships so used for the time being, which may be either special inspection vessels or fishing vessels, shall be notified to the ICCAT Commission, as soon as may be practical. |
3. |
Each inspector shall carry a document of identify supplied by the authorities of the flag State in a form approved by the ICCAT Commission and given him on appointment stating that he has authority to act under arrangements approved by the ICCAT Commission. |
4. |
Subject to the arrangements agreed under paragraph 9, a vessel employed for the time being in fishing for tuna or tuna-like fishes in the Convention Area outside the waters under national jurisdiction shall stop when given the appropriate signal in the International Code of Signals by a ship carrying an inspector unless actually carrying out fishing operations, in which case it shall stop immediately once it has finished such operations. The master (2) of the vessel shall permit the inspector, who may be accompanied by a witness, to board it. The master shall enable the inspector to make such examination of catch or gear and any relevant documents as the inspector deems necessary to verify the observance of the ICCAT Commission's recommendations in force in relation to the flag State of the vessel concerned and the inspector may ask for any explanations that he deems necessary. |
5. |
On boarding the vessel an inspector shall produce the document described in 3. Inspections shall be made so that the vessel suffers the minimum interference and inconvenience and that degradation of the quality of the fish be avoided. An inspector shall limit his enquiries to the ascertainment of the facts in relation to the observance of the ICCAT Commission's recommendations in force in relation to the flag State of the vessel concerned. In making his examination an inspector may ask the master for any assistance he may require. He shall draw up a report of his inspection in a form approved by the ICCAT Commission. He shall sign the report in the presence of the master of the vessel who shall be entitled to add or have added to the report any observations which he may think suitable and must sign such observations. Copies of the report shall be given to the master of the vessel and to the inspector's government who shall transmit copies to the appropriate authorities of the flag State of the vessel and to the ICCAT Commission. Where any infringement of the recommendations is discovered the inspector should, where possible, also inform the competent authorities of the flag State, as notified to the ICCAT Commission, and any inspection ship of the flag State known to be in the vicinity. |
6. |
Resistance to an inspector or failure to comply with his directions shall be treated by the flag State of the vessel in a manner similar to resistance to any inspector of that State or a failure to comply with his directions. |
7. |
Inspectors shall carry out their duties under these arrangements in accordance with the rules set out in this recommendation but they shall remain under the operational control of their national authorities and shall be responsible to them. |
8. |
Contracting Governments shall consider and act on reports of foreign inspectors under these arrangements on a similar basis in accordance with their national legislation to the reports of national inspectors. The provisions of this paragraph shall not impose any obligation on a Contracting Government to give the report of a foreign inspector a higher evidential value than it would possess in the inspector's own country. Contracting Governments shall collaborate in order to facilitate judicial or other proceedings arising from a report of an inspector under these arrangements. |
9. |
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10. |
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11. |
The inspector shall affix an identification mark approved by the ICCAT Commission to any fishing gear inspected which appears to be in contravention of the ICCAT Commission's recommendations in force in relation to the flag State of the vessel concerned and shall record this fact in his report. |
12. |
The inspector may photograph the gear in such a way as to reveal those features which in his opinion are not in conformity with the regulation in force, in which case the subjects photographed should be listed in the report and copies of the photographs should be attached to the copy of the report to the flag State. |
13. |
The inspector shall have authority, subject to any limitations imposed by the ICCAT Commission, to examine the characteristics of catches, to establish whether the ICCAT Commission's recommendations are being complied with. He shall report his findings to the authorities of the flag State of the inspected vessel as soon as possible. (Biennial Report 1974-75, Part II). |
Remarks
It was agreed to leave in abeyance the date of entry into effect of the International Inspection Scheme until the ICCAT Commission decides otherwise.
ICCAT Pennant:
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Master refers to the individual in charge of the vessel.
This summary has been adopted from EUR-Lex.