Council Regulation (EC) No 1035/2001

of 22 May 2001

establishing a catch documentation scheme for Dissostichus spp.

THE 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 Commission1,
Having regard to the opinion of the European Parliament2,

Whereas:

(1)
The Convention on the Conservation of Antarctic Marine Living Resources, hereinafter called ‘the Convention’, was approved by Decision 81/691/EEC3 and entered into force with regard to the Community on 21 May 1982.
(2)

The Convention provides a framework for regional cooperation on the conservation and management of Antarctic marine fauna and flora through the establishment of a Commission for the conservation of Antarctic marine living resources, hereinafter called ‘CCAMLR’, and the adoption of conservation measures which become binding on the Contracting Parties.

(3)

At its eighteenth Annual Meeting in November 1999, CCAMLR adopted conservation measure 170/XVIII establishing a catch documentation scheme for Dissostichus spp.

(4)

The introduction of a catch documentation scheme for Dissostichus spp. is intended to improve monitoring of international trade in the species and to identify the origins of all Dissostichus spp. imported from or exported to the territories of the CCAMLR Contracting Parties.

(5)

The catch document should also make it possible to determine whether Dissostichus spp. has been harvested in the Convention area in a manner consistent with the CCAMLR conservation measures and to collect catch data in order to facilitate the scientific evaluation of stocks.

(6)

Conservation measure 170/XVIII became binding on all Contracting Parties on 9 May 2000. The Community should therefore implement it.

(7)

In order to enable CCAMLR to achieve its objective of conserving the species, the obligation to present a catch document should be applied in respect of all imports of Dissostichus spp.

(8)
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 Commission4,

HAS ADOPTED THIS REGULATION:

CHAPTER IGeneral provisions

Article 1Purpose

This Regulation lays down the general rules and conditions governing the implementation F1... of the Catch Documentation Scheme for Dissostichus spp. adopted by CCAMLR.

F2Article 2Scope

1.

This Regulation shall apply to all Dissostichus spp. falling within TARIC codes 0302 69 88 00, 0303 79 88 10, 0303 79 88 90, 0304 20 88 10 and 0304 20 88 00:

(a)

landed or transhipped by F3United Kingdom fishing vessels; or

(b)

imported into, or exported or re-exported from F4Great Britain.

2.

This Regulation shall not apply to by-catches of Dissostichus spp. taken by trawlers fishing on the high seas outside the CCAMLR area.

For the purpose of this paragraph, a by-catch of Dissostichus spp. means a quantity of Dissostichus spp. representing no more than 5 % of the total catch of all species and no more than 50 tonnes for an entire fishing trip by a vessel.

F53.

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Article 3Definitions

For the purposes of this Regulation:

  1. (a)

    ‘Dissostichus spp’: means fish of the species Dissostichus eleginoides and Dissostichus mawsoni;

  2. (b)

    ‘Catch document’: means a document containing the information specified in Annex I and presented in accordance with the specimen shown in Annex II;

  3. (c)

    ‘CCAMLR area’: means the area of application defined in Article I of the ConventionF6;

  4. (d)

    F7‘import’ means the physical entering or bringing of a catch into any part of the geographical territory under the control of a State F8or from Northern Ireland into Great Britain, except F9(in either case) where the catch is landed or transhipped within the definitions of ‘landing’ or ‘transhipment’ set out in points (e) and (f);

  5. (e)

    ‘landing’ means the initial transfer of catch in its harvested or processed form from a vessel to dockside or to another vessel in a port or free trade zone where the catch is certified by an authority of the Port State as landed;

  6. (f)

    ‘transhipment’ means:

    • the transfer of a catch in its harvested or processed form from a vessel to another vessel or means of transport, and, where such transfer takes place within the territory under the control of a Port State, for the purpose of effecting its removal from that State F10or its removal from Great Britain to Northern Ireland or vice versa,

    • temporarily placing a catch on land or an artificial structure to F11facilitate such transfer where the catch is not landed within the definition of point (e);

  7. (g)

    F12‘export’ means any movement of a catch in its harvested or processed form:

    • from the territory under the control of a State or free trade zone of landing, or, where that State or free trade zone forms part of a customs union, any other Member State of this customs union, or

    • where Great Britain is the place of landing, from Great Britain;

  8. (h)

    F13‘re-export’ means any movement of a catch in its harvested or processed form:

    • from territory under the control of the State, free trade zone, or Member State of a customs union of import unless that State, free trade zone, or any Member State of that customs union of import is the first place of import, in which case the movement is an export within the definition in point (g), or

    • where Great Britain is the place of import, from Great Britain, unless Great Britain is the first place of import, in which case the movement is an export within the definition in point (g);

  9. (i)

    ‘Port State’ means the State that has control over a particular port area or free trade zone for the purposes of landing, transhipment, importing, exporting and re exporting and whose authority serves as the authority for landing or transhipment certification.

CHAPTER IIObligations of the Flag State

F6Article 4

1.

F14A fisheries administration must require, as a condition of a licence or a permit authorising a vessel to harvest Dissostichus spp. , that the vessel only land catches in States which are Contracting Parties to CCAMLR or which otherwise apply the catch documentation scheme.

2.

F15A fisheries administration must attach to licences and permits authorising vessels to harvest Dissostichus spp. the names of all CCAMLR Contracting Parties and States which have notified the CCAMLR Secretariat that they apply the catch documentation scheme.

3.

F16A fisheries administration must take all necessary measures to ensure that whenever Dissostichus spp. is landed or transhipped, F17United Kingdom fishing vessels authorised to engage in harvesting Dissostichus spp. have duly completed a catch document.

Article 5

F18A fisheries administration must take all necessary measures to ensure that each transhipment of Dissostichus spp. to F19United Kingdom fishing vessels is accompanied by a duly completed catch document.

Article 6

F20A fisheries administration must provide catch document forms to each F21United Kingdom fishing vessel authorised to harvest Dissostichus spp. and only to those vessels.

Article 7

F22A fisheries administration must ensure that each catch document form that F23it issues includes a specific identification number as indicated in Annex I.

F24A fisheries administration must also enter on each catch document form the number of the fishing licence or permit authorising to fish Dissostichus spp. F25it has issued to F26the vessel.

CHAPTER IIIObligations of the master

Article 8

1.

The master of a F27United Kingdom fishing vessel F28must ensure that each landing or transhipment of Dissostichus spp. to or from his vessel is accompanied by a duly completed catch document.

2.

The master of a F29United Kingdom fishing vessel that has received one or more catch document forms F30must follow the following procedures prior to each landing or transhipment of Dissostichus spp.:

(a)

F31the master F30must ensure that all the mandatory information listed in Annex I is accurately recorded on the catch document;

(b)

if a landing or transhipment includes catch of both Dissostichus species, the master F30must record on the catch document the estimated total weight of the catch to be landed or transhipped and indicate the estimated weight of each species;

(c)

if a landing or transhipment includes catch of both Dissostichus species taken from different subareas and/or statistical divisions, the master F30must record on the catch document the estimated weight of each species taken from each subarea and/or statistical division;

(d)

the master F30must convey to F32a fisheries administration, by the most rapid electronic means available, the catch document number, the dates within which the catch was taken, the species, the processing type or types, the estimated weight to be landed and the area or areas of the catch, the date of landing or transhipment and the port and country of landing or vessel of transhipment and F30must request from the F33fisheries administration a confirmation number.

F34...

Article 9

F2After having verified, by the use of data reports obtained through an automated tamper-proof satellite linked vessel monitoring system (VMS), that the area fished and the catch to be landed or transhipped as reported by its vessel is accurately recorded and consistent with its authorisation to fish, F35a fisheries administration must convey a confirmation number to the master by the most rapid electronic means.

The master shall enter the confirmation number on the catch document.

F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 10

1.

Immediately after each landing or transhipment of Dissostichus spp. the master of a F37United Kingdom fishing vessel or his authorised representative who has received one or more catch document forms F38must:

(a)

in the case of a transhipment, obtain the signature on the catch document of the master of the vessel to which the catch is transhipped;

(b)

in the case of a landing, obtain on the catch document

  • F6a signed and stamped validation by a responsible official of the Port State of landing or free trade zone who is acting under the direction of either the customs or fisheries authorities of the Port State and is competent with regard to the validation of Dissostichus spp. catch documents, and

  • the signature of the person who receives the catch at the port of landing or free trade zone.

2.

In the event of the catch being divided upon landing, the said master or his authorised representative F38must present a copy of the catch document to each person who receives a part of the catch at the port of landing or free trade zone. The master or his authorised representative F38must record on the copy of the catch document the amount and origin of the catch received by that person and obtain their signature.

F39...

3.

The said master or his authorised representative F38must immediately sign and convey by the most rapid electronic means available a copy or, if the catch landed was divided, copies of the signed catch documents to F40a fisheries administration. He F38must also provide a copy of the signed document to each person who receives a part of the catch.

F41...

Article 11

The master of the F42United Kingdom fishing vessel or his authorised representative F43must retain the original signed catch document or documents and return them to F44a fisheries administration no later than one month after the end of the fishing season.

F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 12

1.

The master or his authorised representative of a F46United Kingdom fishing vessel to which catch has been transhipped F47must, immediately after landing Dissostichus spp., obtain on the catch document received from the transhipping vessels :

  • F6a signed and stamped validation by a responsible official of the Port State of landing or free trade zone who is acting under the direction of either the customs or fisheries authorities of the Port State and is competent with regard to the validation of Dissostichus spp. catch documents, and

  • the signature of the person who receives the catch at the port of landing or free trade zone.

2.

In the event of the catch being divided upon landing, the master or his authorised representative F47must present a copy of the catch document to each person who receives a part of the catch at the port of landing or free trade zone. The master or his authorised representative F47must record on the copy of the catch document the amount and origin of the catch received by that person and obtain his signature.

F48...

3.

The said master or his authorised representative F47must immediately sign and convey by the most rapid electronic means available a copy or, if the catch landed was divided, copies of the signed and stamped catch document to the Flag States that issued those catch documents. He F47must provide a signed copy of the relevant document or documents to each person who receives a part of the catch.

F49...

CHAPTER IVObligations of F50a fisheries administration in the event of the landing, importation, exportation or re-exportation of Dissostichus spp.

F2Article 13

1.

F51A fisheries administration must take the measures necessary to identify the origin of all Dissostichus spp. imported into or exported from F52Great Britain and to determine whether the Dissostichus spp. harvested in the CCAMLR area was caught in a manner consistent with the CCAMLR conservation measures.

2.

If a F53fisheries administration has reasons to believe that landings or imports of Dissostichus spp. declared as having been caught on the high seas outside the CCAMLR area consist in actual fact of Dissostichus spp. caught in the CCAMLR area, the F53fisheries administration shall request the Flag State to carry out an additional verification of the catch document by the use of, inter alia , data reports provided through an automated satellite-linked VMS.

If the Flag State despite this request fails to demonstrate that the catch document was verified with the use of VMS data, the catch document shall be considered as void ab initio and the importation and exportation of the Dissostichus spp. shall be prohibited.

3.

F54A fisheries administration must, without delay, inform the F55other fisheries administrations of any instance where the results of the additional verification referred to in paragraph 2 indicate that the catches were not caught in a manner consistent with the CCAMLR conservation measures and of the measures taken by the F56fisheries administration in this regard.

F574.

In paragraph 3, “the other fisheries administrations” does not include the Department for Agriculture, Environment and Rural Affairs in Northern Ireland.

Article 14

F58A fisheries administration must take all necessary measures to ensure that each landing of Dissostichus spp at F59its ports is accompanied by a duly completed catch document.

F2Article 15

1.

F60A fisheries administration must take all necessary measures to ensure that each shipment of Dissostichus spp. imported into or exported from F61Great Britain is accompanied by the export-validated or re-export-validated catch document or documents corresponding to the total quantity of Dissostichus spp. contained in the shipment.

2.

F62A fisheries administration must ensure that F63its customs authorities or other competent official agents request and examine the documentation of each shipment of Dissostichus spp. imported into or exported from F64Great Britain in order to verify that it includes the export-validated or re-export-validated catch document or the documents corresponding to the total quantity of Dissostichus spp. contained in the shipment. These authorities or agents may also examine the content of any shipment in order to verify the information contained in the catch document or documents.

3.

F65A fisheries administration must inform the F66other fisheries administrations of any instance where the results of the verifications referred to in paragraphs 1 and 2 indicate that the documentation requirements set out in this Regulation have not been met.

4.

An export-validated Dissostichus spp. catch document is one that:

(a)

includes all the information specified in Annex I and all the necessary signatures; and

(b)

includes a certificate signed and stamped by an official agent of the exporting State, attesting to the accuracy of the information contained in the document.

F675.

In paragraph 3, “the other fisheries administrations” does not include the Department for Agriculture, Environment and Rural Affairs in Northern Ireland.

Article 16

F68A fisheries administration must take all necessary measures to ensure that each shipment of Dissostichus spp. re-exported from F69Great Britain is accompanied by the re-export-validated catch document or documents corresponding to the total amount of Dissostichus spp. contained in the shipment.

A re-export-validated catch document shall follow the specimen shown in Annex III and contain the information specified in Article 19.

CHAPTER VObligations of importers and exporters

F2Article 17

The importation F70into and exportation F71from Great Britain of Dissostichus spp. is prohibited if the batch concerned is not accompanied by a catch document.

Article 18

1.

For each shipment of Dissostichus spp. to be exported from F72Great Britain, where Great Britain is the place of landing, the exporter shall enter on each catch document:

(a)

the amount of each species of Dissostichus spp. contained in the shipment declared on the document;

(b)

the name and address of the importer of the shipment and the place of importation;

(c)

his name and address.

After signing each catch document, he shall obtain a signed and stamped validation of the catch document by the competent authority of F73a fisheries administration.

F742.

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Article 19

1.

In the event of re-exportation, the re-exporter F75must supply details of:

(a)

the net weight of products of all species to be re-exported, together with the catch document number to which each species and product relates;

(b)

the name and address of the importer of the shipment, the place of importation and the name and address of the exporter.

F76The re-exporter F75must then obtain a signed and stamped validation of all the details by the competent authority F77of a fisheries administration.

F782.

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CHAPTER VITransmission of data

F2Article 20

1.

F79A fisheries administration must convey immediately to the CCAMLR Secretariat, by the most rapid electronic means available, and with a copy to the F80other fisheries administrations, the copies referred to in Articles 10 and 12.

2.

F81A fisheries administration must immediately transmit to the Secretariat, by the most rapid electronic means available, and with a copy to the F82other fisheries administrations, a copy of the export validated or re-export-validated catch documents as well as the documents referred to in Article 22a.

F833.

In paragraph 2, “the other fisheries administrations” does not include the Department for Agriculture, Environment and Rural Affairs in Northern Ireland.

Article 21

F84The Secretary of State must inform the CCAMLR Secretariat, of the name of the national authority or authorities (giving names, addresses, and telephone and fax numbers and e-mail addresses) responsible for issuing and validating catch documents.

F85Article 22

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F86CHAPTER VIaSale of seized or confiscated fish

Article 22a

If a F87fisheries administration has cause to sell or dispose of seized or confiscated Dissostichus spp., it F88must issue a specially validated catch document. This catch document F88must include a statement specifying the reasons for that validation and describe the circumstances under which the seized or confiscated fish are moving into trade. To the extent practicable, F89a fisheries administrationF88must ensure that no financial benefit from the sale or disposal of this fish accrue to the perpetrators of the illegal fishing activities.

CHAPTER VIIFinal provisions

F90Article 23

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F90Article 24

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F90Article 25

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F90Article 26

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F91...

F6ANNEX I DISSOSTICHUS CATCH DOCUMENT AND DISSOSTICHUS RE-EXPORT DOCUMENT

The catch document and re-export document shall include the following information:

  1. 1.

    A specific identification number, consisting of:

    1. (i)

      a four-digit number consisting of the two-digit International Standards Organisation (ISO) country code, followed by the last two digits of the year for which the document is issued:

    2. (ii)

      three-digit sequence number (beginning with 001) to denote the order in which the catch document forms are issued.

  2. 2.

    The following information:

    1. (i)

      the name, address, telephone and fax numbers of the authority which issued the catch document form;

    2. (ii)

      the name, home port, national registration number and call sign of the vessel and, if applicable, its IMO/Lloyd's registration number;

    3. (iii)

      the number of the licence or permit issued to the vessel, as applicable;

    4. (iv)

      the weight of each Dissostichus species landed or transhipped by product type, and

      1. (a)

        by CCAMLR statistical sub-area or division if caught in the Convention area, and/or

      2. (b)

        by the Food and Agriculture Organisation of the United Nations (FAO) statistical area, sub-area or division if caught outside the Convention area;

    5. (v)

      the dates within which the catch was taken;

    6. (vi)

      in the case of landing, the date and the port at which the catch was landed; or in the case of transhipment, the date and the name of the vessel, its flag and national registration number F92...;

    7. (vii)

      the name, address, telephone and fax numbers of the receiver or receivers of the catch and the amount of each species and product type received; and

    8. (viii)

      the transport details in the export section of the Dissostichus catch document and in the re-export section of the Dissostichus re-export document as appropriate:

      1. 1.

        if by sea:

        • container(s) number(s) or, if more than one container, a list of container numbers on an attachment signed and stamped for validation by the authority validating the Dissostichus catch document or the Dissostichus re-export document; or

        • vessel name; and

        • bill of lading number, date and place of issue

      2. 2.

        if by air:

        • flight number, airway bill number, place and date of issue

      3. 3.

        if by other means (ground transportation):

        • truck registration number and nationality; or

        • railway transport number; and

        • date and place of issue.

ANNEX II

ANNEX III