Legal provisions of COM(2021)424 - Conservation and management measures for the Conservation of the Southern Bluefin Tuna

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dossier COM(2021)424 - Conservation and management measures for the Conservation of the Southern Bluefin Tuna.
document COM(2021)424 EN
date March 15, 2023

Contents

Article 1 - Subject matter

This Regulation lays down provisions concerning management, conservation and control measures relating to by-catch of Southern bluefin tuna (Thunnus maccoyii) under the Convention for the Conservation of the Southern Bluefin Tuna.

Article 2 - Scope

This Regulation shall apply to Union fishing vessels carrying out fishing in the area of distribution of Southern bluefin tuna under the Convention for the Conservation of the Southern Bluefin Tuna and Member States importing, exporting or re-exporting Southern bluefin tuna.

Article 3 - Definitions

For the purposes of this Regulation, the following definitions apply:

(a)‘CCSBT’ means the Commission for the Conservation of Southern bluefin tuna;

(b)‘SBF’ means Southern bluefin tuna or fish products originating from Southern bluefin tuna;

(c)‘Convention’ means the Convention for the Conservation of the Southern Bluefin Tuna;

(d)‘CCSBT Record of Vessels’ means the record of vessels established by the CCSBT authorised to fish for or by-catch SBF;

(e)‘Union fishing vessel’ means any vessel flying the flag of a Member State, used or intended for use for the purposes of commercial exploitation of marine biological resources, including support vessels, fish processing vessels, vessels engaged in transhipment and carrier vessels equipped for the transportation of fishery products, except container vessels;

(f)‘Transhipment’ means the unloading of all or any fishery products on board a fishing vessel to another fishing vessel;

(g)‘SBF tag’ means an external label attached to the whole SBF that contains information on the individual fish;

(h)‘CCSBT CDS’ means the specific catch documentation scheme for SBF established by the CCSBT comprising the catch monitoring form, catch tagging form and export or re-export form;

(i)‘Catch monitoring form’ means the CDS document that records information on the catch, transhipment, export, and import of SBF;

(j)‘Catch tagging form’ means the CDS document that records information on individual fish tagged;

(k)‘Importation’ means the introduction of SBF into the territory of the Union, including for transhipment purposes at ports in its territory;

(l)‘Export or re-export form’ means the CDS document that contains information on SBF already tracked on the catch monitoring form of an import that is, either in full or part, exported or re-exported;

(m)‘Exportation’ means any movement to a third country of SBF harvested by Union fishing vessels;

(n)‘Re-exportation’ means any movement from the territory of the Union of SBF that had been previously imported into the territory of the Union;

(o)‘Whole SBF’ means SBF which has not undergone filleting or loining;

(p)‘Processed SBF’ means SBF which has been undergone cleaning, gilling gutting, freezing removal of fins, operculae (gill plates/covers) and tail and removal of the head or parts of the head ;

(q) ‘SBF parts other than the meat’ means the head, eyes, roe, guts and tails;

(r)‘CCSBT Secretariat’ means the Secretariat established by the CCSBT;

(s)‘CCSBT Transhipment declaration’ means Annex I to the CCSBT Resolution on Establishing a Program for Transhipment by Large-Scale Fishing Vessels 17 ;

(t)‘CCSBT conservation and management measures’ means the resolutions and other binding measures adopted by the CCSBT;

(u)‘Annual VMS summary report’ means the document of Attachment A of CCSBT-CC/0910/06 where the relevant VMS information is provided 18 ;

(v)‘CCSBT Compliance Committee’ means the subsidiary body of the CCSBT that monitors, reviews and assesses compliance with CCSBT conservation and management measures;

(w)‘Draft CCSBT IUU vessel list’ means the initial list drawn up by the CCSBT Secretariat.

Article 4 - General prohibition on the targeting of SBF

The targeting of SBF by Union fishing vessels shall be prohibited. Any SBF retained on board of Union fishing vessels shall account exclusively for by-catch.

Article 5 - CCSBT Record of vessels

1. Member States shall provide the Commission with the following information with respect to each Union fishing vessel authorised by the flag Member States to have SBF by-catch to be included in the CCSBT Record of Vessels:

(a)Lloyds/IMO Number;

(b)name of vessel(s), register number(s);

(c)previous name(s) (if any);

(d)previous flag(s) (if any);

(e)previous details of deletion from other registries (if any);

(f)international radio call sign(s) (if any);

(g)type of vessel(s), length overall and gross registered tonnage (GRT);

(h)name and address of owner(s);

(i)name and address of operator(s);

(j)gear(s) used; and

(k)time period authorised for fishing SBF and /or transhipping.

2. It shall be prohibited to retain on board, tranship or export SBF by Union fishing vessels not included in the CCSBT Record of Vessels.

3. Member States shall indicate, when submitting their list of vessels according to paragraph 1, those vessels which are newly added and those which replace vessels currently on the list.

4. Member States shall promptly notify the Commission of any modifications to the information provided under paragraph 1. The Commission shall forward that information to the CCSBT Secretariat without delay.

5. Where a Union fishing vessel has been involved in IUU fishing activities, a Member State may only send to the Commission the information of paragraph 1 after receiving sufficient commitment from the owner of the vessel concerned that it will no longer conduct such activities.

Article 6 - Tagging of SBF

1. Where SBF by-caught by Union fishing vessels is intended for export or re-export, a SBF tag shall be attached to each whole SBF at the time of harvesting. In exceptional circumstances, where a tag becomes accidentally detached and cannot be reattached, a replacement tag shall be attached as soon as possible and no later than the time of transhipment or export.

2. Non-processed whole SBF may not be imported, exported, or re-exported without a SBF tag except where the tag is no longer required because further processing has occurred.

3. The SBF tag shall be attached to each individual fish while the fish carcass remains whole and shall include month, area, method of capture, and weight and length for each SBF.

4. Each SBF tag shall have a unique pre-recorded tag number in an easily readable form which shall include a unique flag state identifier and a fishing year identifier. SBF tags shall be able to be securely fastened to SBF, be non-reusable, tamper-proof and secure from counterfeiting or replication. SBF tags shall withstand at least minus sixty degrees Celsius temperatures, salt water, rough-handling and be food safe.

5. Flag Member States shall record the distribution of SBF tags to the vessels flying their flag and shall ensure that their vessels and operators, and the relevant authorities have reporting procedures and formats allowing for the collection of the required tagging information.

Article 7 - Catch tagging forms

1. Where SBF by-caught by Union fishing vessels is intended for export or re-export, a catch tagging form shall be filled in as soon as possible after the time of harvesting of individual SBF. Length and weight measurements shall be conducted before the SBF is frozen.

2. Where measurements cannot be accurately done on board the vessel, the measurements and the associated catch tagging form may be made at the time of transhipment, and in any case before any further transfer of the SBF.

3. Masters of Union fishing vessels shall provide the completed catch tagging forms to the authorities of the flag Member States. Member States shall submit the information in the catch tagging forms to the Commission on a quarterly basis. The Commission shall forward that information to the CCSBT Secretariat without delay.

Article 8 - Trade of SBF

1. All imports, exports and re-exports of SBF shall be accompanied by the CCSBT CDS documents and tags, as appropriate, as provided for in this Regulation.

2. The importation, exportation and re-exportation of SBF parts other than the meat is allowed without the export or re-export form, as appropriate.

Article 9 - Imports of SBF into the Union

1. SBF imported into the Union shall be accompanied by the catch certificate set out in Council Regulation (EC) No 1005/2008 and by the export or re-export form, as appropriate.

2. Member States shall not accept any consignment of SBF for import that is not accompanied by the required CCSBT CDS documents and tags, as appropriate.

3. Full or partial consignments of untagged whole unprocessed SBF shall not be accepted for import.

Article 10 - Exports or re-exports of SBF

1. Without prejudice to the validation of exportation of catches made by Union fishing vessels in accordance with Article 15(1) of Council Regulation (EC) No 1005/2008, exports or re-exports of SBF by Member States shall be accompanied by the export or re-export form, as appropriate.

2. Member States shall not validate any consignment of SBF for export or re-export that it is not accompanied by the CCSBT CDS documents and tags, as appropriate.

3. Full or partial consignments of untagged whole unprocessed SBF shall not be validated for export or re-export.

Article 11 - Validation of CCSBT CDS documents issued by flag Member States or Member States

1. The competent authorities of the flag Member State or Member State, as appropriate, shall verify the catch monitoring, catch tagging, export and re-export forms. They shall not validate any forms or CCSBT CDS documents that are incomplete or have incorrect information.

2. Flag Member States shall notify to the Commission their competent authorities for the validation of the catch certificates referred to in paragraph 1 where those authorities are different from the authorities referred to in Article 15(1) of Council Regulation (EC) No 1005/2008. The Commission shall transmit that information to the CCSBT Secretariat without delay.

3. Member States shall undertake an appropriate level of audit, including inspections of vessels, landings, and where possible markets, to the extent necessary to validate the information contained in the CDS documentation and report to the Commission details on the measures undertaken to ensure compliance with this paragraph.

Article 12 - Verification of CCSBT CDS documents received by Member States

1. Member States shall undertake an appropriate level of verifications, including inspections of vessels, landings, and where possible markets, to the extent necessary to validate the information contained in the CCSBT CDS documents. They shall not validate any forms or CCSBT CDS documents that are incomplete or have incorrect information.

2. Without prejudice to the verifications of Article 17 of Council Regulation (EC) No 1005/2008, Member States shall ensure that their competent authorities identify each consignment of SBF imported into, or exported or re-exported from, the Union and examine the CCSBT CDS documents for each consignment of SBF. The competent authorities may also examine the content of the consignment to verify the information contained in the CCSBT CDS document and in related documents and, where necessary, shall carry out verifications with the operators concerned.

3. Member States shall report to the Commission details on the measures undertaken to ensure compliance with this provision.

4. Each Member State shall, as soon as practicable, notify to the Commission of any consignments of SBF where there are doubts about the information contained in any CCSBT CDS documents or related documents, or incomplete, missing or non-validated CCSBT CDS documents. The Commission shall report that information to the CCSBT Secretariat without delay.

Article 13 - Review and investigation of CCSBT CDS reports

1. Where the Commission receives a report from the CCSBT Secretariat on the implementation of the CCSBT CDS provisions containing information to be reviewed by a Member State, it shall forward it without delay to the relevant Member State, which shall review the information and investigate any irregularities identified.

2. Each Member State shall cooperate and take all necessary steps to investigate matters related to the implementation of the CCSBT CDS and notify the Commission of the outcome of any such action.

3. Member States shall cooperate to ensure that CCSBT CDS documents are not forged and/or do not contain misinformation.

Article 14 - Records of CCSBT CDS documents

1. Member States shall retain all original CCSBT CDS documents, or scanned electronic copies of the original documents, received by them for a period of three years or longer in accordance with national rules.

2. Member States shall also retain a copy of any CCSBT CDS document issued by them fora period of three years or longer in accordance with national rules.

3. Copies of the documents referred to in paragraph 1 and 2, except the catch tagging form, shall be forwarded to the Commission without delay at the latest before the end of the subsequent quarter following the date where they were issued or received, for submission to the CCSBT Secretariat.

Article 15 - Transhipment ports

1. All transhipments of SBF shall take place in port.

2. Flag Member States shall designate ports of transhipment of SBF for vessels flying their flag and communicate with the designated port States to share relevant information required for effective monitoring.

Article 16 - Transhipment notification

1. Prior to transhipping, the master of the Union fishing vessel shall notify the following information to the port State authorities, at least 48 hours in advance or as specified by the port State authorities, or immediately after the end of fishing operations if the time to the port is less than 48 hours:

(a)the name of the Union fishing vessel and its number in the CCSBT record of vessels;

(b)the SBF product to be transhipped and its tonnage;

(c)the date and location of transhipment;

(d)the FAO area or subarea of the SBF by-catches.

2. The master of the Union fishing vessel shall, at the time of the transhipment, inform its flag Member State of the following:

(a)the SBF products and quantities involved;

(b)the date and place of the transhipment;

(c)the name, registration number and flag of the receiving carrier vessel, and its number in the CCSBT record of vessels authorised to receive transhipments;

(d)the FAO alpha-3 code, area or sub-area of the SBF catches.

Article 17 - CCSBT Transhipment declaration

1. The master of the Union fishing vessel involved in a transhipment of SBF shall complete and transmit to its flag Member State the CCSBT transhipment declaration, along with its number in the CCSBT record of fishing vessels.

2. By way of derogation from Article 22(1) of Council Regulation (EC) No 1224/2009, the CCSBT transhipment declaration shall be transmitted to the flag Member State at the latest 15 days after the transhipment.

Article 18 - Vessels Monitoring System (VMS)

1. When the Commission receives a request from a member or cooperating non-member of the Extended Commission to provide VMS data concerning a Union fishing vessel concerning an incident concerning a specific Union fishing vessel suspected to have operated in contravention of CCSBT conservation and management measures, the Commission shall forward it without delay to the relevant Member State. 

2. The flag Member State of that vessel shall investigate the incident and provide details of the investigation to the Commission which will transmit without delay the information to the member or cooperating non-member which requested VMS data.

3. Flag Member States of vessels that have by-caught SBF on a given year shall provide the Annual VMS summary report for that year to the Commission 6 weeks in advance of the CCSBT Compliance Committee meeting for its transmission to the CCSBT Secretariat.

Article 19 - Inclusion of a Union fishing vessel in the draft CCSBT IUU vessel list

1. Where the Commission receives from the CCSBT Secretariat notification of the inclusion of a Union fishing vessel in the draft CCSBT IUU vessel list, it shall transmit the notification, including the supporting evidence and any other documented information provided by the CCSBT Secretariat, to the flag Member State for information and comments. The Commission shall examine and forward the information provided by the flag Member State related to the inclusion of the vessel in the Draft CCSBT IUU vessel list to the CCSBT Secretariat at least 6 weeks in advance of the CCSBT Compliance Committee meeting.

2. Once notified by the Commission, the authorities of the flag Member State shall notify without delay the owner of the fishing vessel of its inclusion in the Draft CCSBT IUU vessel list and of the consequences that may result from its eventual inclusion in the IUU vessel list adopted by the CCSBT.

Article 20 - Alleged non-compliance status reported by the CCSBT Secretariat

1. If the Commission receives from the CCSBT Secretariat any information indicating a possible non-compliance status with the Convention and/or CCSBT conservation and management measures by a Member State, the Commission shall transmit that information to the concerned Member State without delay.

2. The Member State shall provide the Commission with the findings of any investigation undertaken in relation to the possible non-compliance status and any actions taken to address it at least 8 weeks in advance of the annual meeting of the CCSBT Compliance Committee.

Article 21 - Points of contact and alleged infringements of CCSBT conservation and management measures following a port inspection by a CCSBT Member

1. Port Member States shall designate a point of contact for the purpose of receiving port inspection reports from CCSBT members.

2. Member States shall transmit any changes to the designated point of contact to the Commission at least 21 days before the changes take effect. The Commission shall forward that information to the CCSBT Secretariat at least 14 days before such changes take effect.

3. If the point of contact designated by a Member State receives an inspection report from a CCSBT Member providing evidence that a fishing vessel flying the flag of that Member State has committed an infringement of the CCSBT conservation and management measures, the flag Member State shall promptly investigate the alleged infringement and notify the Commission of the status of the investigation, and of any enforcement action that may have been taken, to enable the Commission to inform the CCSBT Secretariat within three months of receipt of the notification by the Member State.

4. If the Member State cannot provide the Commission with a status report within six months of the receipt of the inspection report, it shall notify the Commission before the end of that six month period of the reasons why and of the date by which the status report will be submitted. The Commission shall transmit without delay the information regarding the status or delay of the investigation to the CCSBT Secretariat.

Article 22 - Monthly by-catch reporting

Flag Member States whose flagged vessels have by-caught SBF, shall report to the Commission on the 15th of each month for the by-catch of the preceding month in accordance with Article 33 of Regulation (EC) No 1224/2009. The information to be reported to the Commission shall also include any discards and information on whether the discarded by-catch was live and vigorous, moribund or dead and the total cumulative SBF by-catch for the year. The Commission shall transmit that information to the CCSBT Secretariat no later than the last day of each month.

Article 23 - Annual reporting

1. Member States shall report to the Commission at the latest six weeks before the annual meeting of the CCSBT Compliance Committee the following information:

(a)the details on any audits undertaken in accordance to Article 12 to validate the information contained in the CDS documentation;

(b)the quantities and percentage of SBF transhipped in port during the previous fishing season and the list of the vessels flying their flag which have transhipped in port during the previous fishing season;

(c)flag Member States whose flagged vessels have by-caught SBF shall report to the Commission on the annual by-catch for the year in accordance with Article 33 of Regulation (EC) No 1224/2009, including any discards and information on whether the discarded by-catch was live and vigorous, moribund or dead, and the Annual VMS summary report.

Article 24 -  Confidentiality

In addition to the obligations laid down in Articles 112 and 113 of Regulation (EC) No 1224/2009, Member States and the Commission shall ensure confidential treatment of electronic reports and messages transmitted to and received from the CCSBT Secretariat.

Article 25 - Delegation of power

1. The Commission is empowered to adopt delegated acts amending or supplementing this Regulation in accordance with Article 26 concerning measures adopted by CCSBT in the following areas:

(a)targeting by Union fishing vessels of SBF of Article 4;

(b)the information to be provided for the inclusion of a vessel in the CCSBT Record of Vessels in Article 5;

(c)the time limits or periods related to reporting for catch tagging forms laid down in Article 7(3), retention of CDS documents laid down in Article 14(2), transmission of transhipment notifications and declarations laid down in Article 16(1), transmission of information to the CCSBT Compliance Committee concerning the IUU vessel list and investigation reports laid down in Article 19(1) and Article 20(1), transmission of information concerning point of contact for port inspections laid down in Article 21(2), transmission of by-catch report laid down in Article 22, and deadline for the submission of reports laid down in Article 23(1).

2. Delegated acts amending or supplementing this Regulation in accordance with paragraph 1 shall be strictly limited to the implementation in Union law of amendments to the CCSBT measures.

Article 26 - Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 25 shall be conferred on the Commission for a period of five years from the date of entry into force of this Regulation.

3. The delegation of power referred to in Article 25 may be revoked at any time by the European Parliament or by 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 25 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and 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 2 months at the initiative of the European Parliament or of the Council.

Article 27 - 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.

This Regulation shall be binding in its entirety and directly applicable in all Member States.