Council Regulation (EC) No 1984/2003Show full title

CHAPTER 1 U.K. GENERAL PROVISIONS

Article 1 U.K. Object

This Regulation lays down general rules and conditions for the application by the [F1 United Kingdom] of:

(a)

the statistical document programmes for [F2 bluefin tuna ( Thunnus thynnus )], swordfish (Xiphias gladius) and bigeye tuna (Thunnus obesus) adopted [F3 under the International Convention for the Conservation of Atlantic Tunas];

(b)

the statistical document programme for bigeye tuna (Thunnus obesus) adopted [F4 under the Indian Ocean Tuna Commission].

Textual Amendments

F1 Words in Art. 1 substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 13(2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Deleted by Regulation (EU) No 640/2010 of the European Parliament and of the Council of 7 July 2010 establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Council Regulation (EC) No 1984/2003.

F3 Words in Art. 1(a) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(2)(a)

F4 Words in Art. 1(b) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(2)(b)

[F5 Article 2 U.K. Scope

1. This Regulation applies in relation to swordfish and bigeye tuna which is imported into the United Kingdom, transhipped at a United Kingdom port, or exported, or re-exported, from the United Kingdom.

2. This Regulation does not apply to—

(a) the import, transhipment, export or re-export of swordfish or bigeye tuna fish parts other than the meat and for these purposes “fish parts other than the meat” include heads, eyes, roes, guts and tails;

(b) bigeye tuna caught by purse seiners or by baitboats which is destined to be processed and canned at a cannery in the ICCAT Convention area or in the IOTC Area of Competence.

3. In this Article—

(a) “purse seiner” means a fishing boat that uses a purse seine and “purse seine” has the same meaning as in Article 6 of Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fisheries resources and the protection of marine ecosystems through technical measures;

(b) “baitboat” means a fishing boat using pole and line fishing with bait in the water to attract schools of tuna.]

Textual Amendments

F5 Art. 2 substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(3)

[F6 Article 3 U.K. Definitions

In this Regulation—

(a) “bigeye tuna” means fish of the species Thunnus obesus caught in the ICCAT Convention area or in the IOTC Area of Competence and falling within any of the commodity codes of the customs tariff of the United Kingdom as listed in Annex III;

(b) “enactment” has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018;

(c) “export” means, in relation to swordfish or bigeye tuna caught by a UK fishing boat and—

(i) landed into the United Kingdom, the subsequent movement of that fish outside of the United Kingdom, or

(ii) not landed into the United Kingdom, the landing of the fish into, or the transhipment of the fish (which has not been landed) in, the territory of any other State;

(d) “fishing boat” has the same meaning as in section 52 of the Fisheries Act 2020;

(e) ‘ICCAT’ means the International Commission for the Conservation of Atlantic Tunas;

(f) “ICCAT authorised fishing boat” means a fishing boat which is included on the ICCAT record of fishing vessels authorised to target ICCAT species in the ICCAT Convention area, as amended from time to time;

(g) “ICCAT Convention area” means the area covered by the International Convention for the Conservation of Atlantic Tunas;

(h) “import” means the movement of swordfish or bigeye tuna into the United Kingdom and includes such movement into the United Kingdom or into British fishery limits for transhipment purposes but the term does not include the landing of swordfish or bigeye tuna into the United Kingdom by a UK fishing boat;

(i) “IOTC Area of Competence” means the area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission;

(j) “licensing authority” means either the Marine Management Organisation, the Scottish Ministers, the Welsh Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland and where the term is used in respect of—

(i) a UK fishing boat it means the authority that granted the boat’s licence under section 15 of the Fisheries Act 2020 (the term ‘licensed’ is interpreted accordingly) which, for a UK fishing boat registered to a port—

(aa) in England, means the Marine Management Organisation;

(bb) in Scotland, means the Scottish Ministers;

(cc) in Wales, means the Welsh Ministers;

(dd) in Northern Ireland, means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, or

(ii) a particular area it means—

(aa) for England, the Marine Management Organisation;

(bb) for Scotland, the Scottish Ministers;

(cc) for Wales, the Welsh Ministers;

(dd) for Northern Ireland, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland,

and any reference to a licensing authority carrying out a particular function is to be interpreted as including any person or body to whom the licensing authority has delegated the function in question;

(k) “re-export” means any movement from the United Kingdom of swordfish or bigeye tuna which had been previously imported into the United Kingdom;

(l) “re-export certificate” means a document—

(i) in the case of swordfish, which is completed with all the information required under, and is in the form specified in, Annex X and otherwise conforms to the requirements of this Regulation;

(ii) in the case of bigeye tuna—

(aa) caught in the ICCAT Convention area, which is completed with the information required under, and is in the form specified in, Annex XI and otherwise conforms to the requirements of this Regulation;

(bb) caught in the IOTC Area of Competence, which is completed with the information required under, and is in the form specified in, Annex XII and otherwise conforms to the requirements of this Regulation;

(m) “statistical document” means a document—

(i) in the case of swordfish, which is completed with all the information required under, and is in the form specified in, Annex V and otherwise conforms to the requirements of this Regulation;

(ii) in the case of bigeye tuna—

(aa) caught in the ICCAT Convention area, which is completed with the information required under, and is in the form specified in, Annex VI and otherwise conforms to the requirements of this Regulation;

(bb) caught in the IOTC Area of Competence, which is completed with the information required under, and is in the form specified in, Annex VII and otherwise conforms to the requirements of this Regulation;

(n) “swordfish” means fish of the species Xiphias gladius caught in the ICCAT Convention area and falling within any of the commodity codes of the customs tariff of the United Kingdom as listed in Annex II;

(o) “UK fishing boat” has the same meaning as in section 52 of the Fisheries Act 2020.]

Textual Amendments

F6 Art. 3 substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(4)